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Home My WebLink AboutJanuary 9, 2012,. ,,,._ , � w �� _, - . . ��- ��. -�.,. �^ —• � .��.��.� Part "A" Planning Information Meeting Information Report 01-12 Planning & Development Committee Agenda Monday, January 9, 2012 Council Chambers 7:30 pm Chair: Councillor Ashe Pages 1-7 Subject: Draft Plan of Subdivision SP-2011-03 Zoning Amendment Application A 13/11 Ontario Infrastructure and Lands Corporation (formerly ORC) on behalf of the Province of Ontario (Part Lots 22 to 27, Concession 5), City of Pickering Part "B" Planning & Development Reports Chief Administrative Officer's Report, CAO 01-12 Sean Michael Greene, et al., collectively the Pinegrove/Woodview Landowners Association Plan of Subdivision 40M-2164 Final Assumption of Plan of Subdivision Recommendation 1. 2. Pages 8-12 That Report CAO 01-12 regarding the final assumption of the works and services within Plan of Subdivision 40M-2164 be received; That the highway being Rockwood Drive within Plan 40M-2164 be assumed for public use; ACCeSSi.ble � For information related to accessibility requirements please contact p I� V c n t� Linda Roberts r- 1\ G l V Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Iroberts aC�.citvofpickerina.com . . ,._,,... :. . — - ��:: — ��,� � ,�„i:;;:-_., s'`=ii�,— I '— .,T.,: : _............ _=_ � -- ,., ,— - � ........—. �, � _ ..�.�«. Planning & Development Committee Agenda Monday, January 9, 2012 Council Chambers 7:30 pm Chair: Councillor Ashe 3. That the works and services required by the Subdivision Agreement within Plan 40M-2164, which are constructed, installed or located on lands, dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Lots 6, 7 and 10; 4. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2164 be released and removed from title, save and except from Lots 6, 7 and 10; and � 5. That Council enact a by-law to name Blocks 20 to 30, Plan 40M-2164 as Rockwood Drive. 2. Director, Planning & Development, Report PD 01-12 Zoning By-law Amendment Application A 7/11 Loblaw Properties Limited 1792 Liverpool Road �Part of Lot 23, Concession 1 South), Citv of Pickerinq ^Recommendation 13-26 That Zoning Amendment Application A 7/11 submitted by Loblaw Properties Limited, on lands being Part of Lot 23, Concession 1 South, to permit a 1,583 square metre seasonal garden centre in the centre of the parking lot from April 1St to August 1St of every calendar year, with a minimum 555 parking spaces during that time, be approved; and 2. Further, that the draft zoning by-law to implement Zoning Amendment Application A 7/11, as set out in Appendix I to Report PD 01-12, be finalized and forwarded to City Council for enactment once a consolidated site plan has been submitted to the satisfaction of staff. 3. Director, Planning & Development, Report PD 02-12 27-31 The Strong Communities through Affordable Housing Act, 2011 Proposed Amendments to the Planninq Act for Second Units Recommendation That Report PD 02-12 of the Director, Planning & Development, on amendments to the P/anning Act, through the Strong Communities through Affordable Housing Act, 2011, be received for information; and . . „_,,... :_ -- - ��1�_:: — � w_,�,��;,_ � ,—.�:: __, +�= �h,.:,— ,w;�'' �+:;r. .._.._—■ ................ - ..�a.�„� � � +� Planning & Development Committee Agenda Monday, January 9, 2012 Council Chambers 7:30 pm Chair: Councillor Ashe 2. Further, that should the remaining sections of the Strong Communities through Affordable Housing Act, 2011, be proclaimed in 2012 as anticipated, that an appropriate review process be undertaken to bring the Pickering Official Plan and City's zoning by-laws into conformity with the new Planning Act provisions for second units. (II) Other Business (III) Adiournment �, , ,,, ,��, � w-�� = � � - ,, . ��. �-- .,-r., �.. _ '::; - � «��1 Information Report Report Number: 01-12 For Public Information Meeting of Date: January 9, 2012 Q� In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter P.13 Subject: Draft Plan of Subdivision SP-2011-03 Zoning Amendment Application A 13/11 � Ontario Infrastructure and Lands Corporation (formerly ORC) on behalf of the Province of Ontario (Part Lots 22 to 27, Concession 5) City of Pickering 1.0 Property Location and Description • the subject lands are located on the south side of Highway #7, generally between Sideline 26 and Sideline 22 at the northern limit of the future Seaton Community (see Location Map - Attachment #'1) • the subject lands, referred to as the Phase 1 Seaton Employment Lands, are approximately.117 hectares in size and are bisected by Highway 407/ETR • the lands currently are used for agricultural activities; two dwellings along Highway 7 are identified as being of heritage interest • surrounding land uses are: north - on the north side of Highway #7 are the Federal Airport Lands that currently support agricultural activities south - additional lands owned by the Province designated Seaton Natural Heritage System east - additional lands owned by the Province that are designated Seaton Natural Heritage System, and then further east additional future Employmerit Lands west - additional lands owned by the Province that are designated Seaton Natural Heritage System, a proposed Sideline 26 extension and interchange with Highway 407/ETR, and then further west additional future Employment Lands 2.0 Applicant's Proposal •,the proposal is to create and zone development blocks for Prestige Employment uses (see Attachment #2) • a total of 61.6 hectares of developable land has been provided for Prestige Employment General uses and 14.6 hectares of land for Prestige Employment Node uses • the Prestige Employment Node blocks are located adjacent to a proposed Highway 407 interchange at Sideline 26 • a second future Highway 407 interchange is proposed at Sideline 22 Information Report No. 01-12 Page 2 Q� • the draft plan also proposes a number of natural heritage system blocks (21.7 hectares) and stormwater management blocks (6.3 hectares) • the proposal incorporates new municipal roads to service the proposed development 3.0 Official Plan and Zoning 3.1 Central Pickering Development Plan • the Central Pickering Development Plan (CPDP) is the provincial plan which sets out the principles, goals and general development vision for the Seaton Urban Area • the CPDP identifies a number of residential neighbourhoods and a large employment area along both sides of Highway 407, as well as an extensive Natural Heritage System (NHS) within the Seaton Urban Area • one of the goals of the CPDP is "the provision of high-quality employment opportunities that reflect the needs of the community, with the identification of sufficient employment lands to generate approximately one job for every two residents" • the subject lands are designated as Prestige Employment Lands in the CPDP and are intended as the first phase of employment lands in fulfilling the land needs for the required jobs in Seaton • a draft amendment to the Pickering Official Plan to bring the Plan into conformity with the CPDP (referred to as the `Seaton Conformity Amendment'), was completed in January 2011 through a collaborative process between the City of Pickering, various Provincial Ministries, the Region of Durham, the Toronto and Region Conservation Authority (TRCA) and the Seaton Landowners Group, with the involvement of the Office of the Provincial Development Facilitator • all parties have agreed to seek approval of the Seaton Conformity Amendment through the Ontario Municipal Board (OMB) • the Conformity Amendme.nt requires that the Province prepare Neighbourhood Plans for their lands within Seaton (Neighbourhoods 17, 20 and 21); Neighbourhood Plans for Neighbourhoods 17, 20 and 21 were endorsed by City Council on September 19, 2011 subject to certain conditions; the lands subject to the plan of subdivision and zoning amendment applications considered in this report are part of Neighbourhood 21 • the Provincial Neighbourhood Plans have been appealed to the Ontario Municipal Board along with the Neighbourhood Plans and draft plan of subdivision and zoning amendment applications prepared by the Seaton Landowners; all of these plans will be dealt with as part of the Seaton Conformity Amendment hearing to be scheduled later in 2012 Information Report No. 01-12 Page 3 3.2 Durham Regional Official Plan � 3 the Regional Official Plan designates the subject lands "Employment Areas" Special Policy Area A(Seaton) in the Regional Official Plan specifies that conformity amendments to implement the CPDP will be considered Regional O�cial Plan Amendment No. 128 (ROPA 128), which implements ttie Provincial Growth Plan, was modified by the Ministry of Municipal Affairs and Housing to add population and employment allocations for Seaton, add the natural heritage prouisions from the CPDP to Specific Policy Area A and insert a new symbol for the CPDP area; the amendment is currently under appeal 3.3 Pickering Official Plan • the Pickering Official Plan designates the subject lands as the "Seaton Urban Study Area" • the Seaton Conformity Amendment designates the subject lands as "Seaton Natural Heritage System" and "Prestige Employment Area" • the "Prestige Employment Area" designation is divided into finro subcategories, "Prestige Employment General" and "Prestige Employment Node" . • the application will be assessed against the policies and provisions of the Pickering Official. Plan, and the Council endorsed Seaton Conformity Amendment and Neighbourhood Plan 3.4 Zoning By-law 3037 • the subject lands are currently zoned "A"— Rural Agricultural, by Zoning By-law 3037 • the existing zoning permits a variety of agriculture related uses • an amendment to the zoning by-law is required to permit the appropriate range of employment lands • a comprehensive zoning by-law is being prepared for Seaton 4.0 Results of Circulation 4.1 Resident Comments • none received in response to the circulation to date 4.2 Agency Comments • the following agencies advised they have no objection to the applications: • Durham District School Board • Durham Catholic School Board • Canada Post • Hydro One Network � Information Report No. 01-12 Q� 4.3 Staff Comments Page 4 the following matters have been identified by staff for further review and consideration: • conformity with the City's proposed Official Plan policies as contained in the Seaton Conformity Amendment • reviewing the heritage structures along Highway #7 to ensure they can be integrated into the design of the surrounding employment area • ensuring the blocks that abut the proposed Highway 407/ETR interchanges are sufficiently sized in case additional land is required for the interchanges ' • proposed sustainable development components • ensuring that required technical submissions and reports meet City standards • disposition of City owned land (road allowances) within the boundary of the draft plan 5.0 Procedurallnformation • 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 to 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 wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal or makes a decision on the draft plan of subdivision • any member of the public who wishes 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 Information Received • full scale copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering Planning & Development Department: ,• copy of the draft plan of subdivision • Planning Rationale Report Information Report No. 01-12 6.2 Owner/Applicant Information Page 5 the owner of the subject lands is Ontario Infrastructure and Lands Corporation on behalf of the Province of Ontario, represented by Graham Martin and Anton Pojasok the applications have been submitted by John van Nostrand and Emma West of planningAlliance on behalf of Ontario Infrastructure and Lands Corporation C�.� Ross Pym, MCI PP Principal Planner — Development Review RP:Id Attachments Copy: Director, Planning & Development �� 1 �.�� Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design Q5 �r r Z Q V a O a a Q� �go"' �awa wW�� J � H p a-vr U � N N Z y a � O � � z a - � � 0 � z Attachment # 2 to Inform�tic�� Re�ort# 0 �-� Z �� 07 "e�z� g � R 4�u��'+ �� SO�O2W �� o " �oWO� � o'e�� VWbpil�i ��2�24 �n�2�222 ��444 N��R H�� 4 o� � � � � � C�� Report To Q � '�' Planning & Development Committee ,, I KERIN � RePort Numaer: cao 0�-�2 Date: January 9, 2012 From: Paul Bigioni City Solicitor Subject: Sean Michael Greene, et al., collectively the Pinegrove/Woodview Landowners Association Plan of Subdivision 40M-2164 Final Assumption of Plan of Subdivision Recommendation: 1. That Report CAO 01-12 regarding the final assumption of the works and services within Plan of Subdivision 40M-2164 be received; 2. That the highway being Rockwood Drive within Plan 40M-2164 be assumed for public use; 3. That the works and services required by the Subdivision Agreement within Plan 40M-2164, which are constructed, installed or located on lands, dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Lots 6, 7 and 10; 4. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2164 be released and removed from title, save and except from Lots 6, 7 and 10; and 5. That Council enact a by-law to name Blocks 20 to 30, Plan 40M-2164 as Rockwood Drive. Executive Summary: The City entered into a Subdivision Agreement with the above-noted developer for the development of Plan 40M-2164. As all works and services within this plan have been completed to the satisfaction of City staff (save and except for Lots 6, 7 and 10 as these Lots remain undeveloped at this time), it is appropriate to assume the road, works and services within this plan under the jurisdiction of the City and release the developer from the provisions of the Subdivision Agreement. Financial Implications: There are no new financial implications to the City as a result of this recommendation. Report CAO 01-12 Subject: Final Assumption of Plan of Subdivision 40M-2164 January 9, 2012 Page 2 � Q Sustainability Implications: The final assumption of the works and services within this plan of subdivision is an administrative process that legally concludes the City's acquisition of necessary roads and other infrastructure. It does not directly impact the City's sustainability initiatives. Background: The City entered into a Subdivision Agreement with the above- noted developer for the development of 15 lots and the construction of a portion of Rockwood Drive within Plan 40M-2164. � While Blocks 20 to 30 were conveyed to the City immediately following the registration of the Subdivision Agreement and dedicated as public highway upon the registration of the M-Plan, they have never been formally named "Rockwood Drive". Accordingly, as part of the assumption process for this plan of subdivision, a by-law should be enacted to name Blocks 20 to 30, Plan 40M-2164 -"Rockwood Drive". As the developer has now completed all of the works and services within this plan of subdivision to the satisfaction of City staff, it is appropriate to assume this portion of Rockwood Drive along with the works and services within the Plan, save and except for Lots 6, 7 and 10. It is also appropriate to release the developer from the provisions of the Subdivision Agreement dated September 6, 2002 and registered as Instrument No. DR202133, save and except from Lots 6, 7 and 10. The Subdivision Agreement should not be removed from title to Lots 6, 7 and 10 as these lots remain undeveloped. Attachments: 1. Location Map - Plan 40M-2164 2. Draft By-law to name Blocks 20 to 30, Plan 40M-2164 as Rockwood Drive � �, � Denise ye Supervi or, rope Services DB:bg Q- & Development Copy: Chief Administrative Officer Ap ed/Endorsed By: �� Paul ' io i City olicitor �R�eport CAO 01-12 Subject: Final Assumption of Plan of Subdivision 40M-2164 Recommended for the consideration of Pickering City�6puncil „ ��. /�,�0/� Tony Prevedel, P.Eng. Chief Administrative Officer Recommendation approved: Chief Administrative Officer Director, Community Services Director, Corporate Services & Treasurer Director, Office of Sustainability Director, Planning & Development City Clerk January 9, 2012 Page 3 � _1_ � � . � ATT�ICHN�ENT'�.��'� �PORT� Cf�� l - I aZ ' o�s ' � � ��►�� ---��ca ��t�� -� ol — ( �. � ��m j �� The Corporation of the City of Pickering }i �; { ,'� ' �,.� . • � �' Being a by-law to name Blocks 20 to 30, Plan 40M-2164, Pickering, as Rockwood Drive. Whereas The Corporation of the City of Pickering is the owner of Blocks 20 to 30, Plan 40M-2164, Pickering. � And Whereas pursuant to the Municipal Act, the Council of a local municipality may pass by-laws for giving names of highways. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Blocks 20 to 30, Plan 40M-2164 are hereby named "Rockwood Drive". By-law read a first, second and third time and finally passed this 23rd day of January, 2012. �� ,� � � �. x F��,� /,"' .�:. �� ; - David Ryan, Mayor Debbie Shields, City Clerk 40M2164 �� °� Report To '�' Planning & Development Committee �� PICKERING Report Number: PD 01-12 Date: January 9; 2012 � 13 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 7/11 Loblaw Properties Limited 1792 Liverpool Road (Part of Lot 23, Concession 1 South) City of Pickering Recommendation: That Zoning Amendment Application A 7/11 submitted by Loblaw Properties Limited, on lands being Part of Lot 23, Concession 1 South, to permit a 1,583 square metre seasonal garden centre in the centre ofi the parking lot from April 1 St to August 1St of every calendar year, with a minimum 555 parking spaces during that time, be approved; and 2. Further, that the draft zoning by-law to implement Zoning Amendment Application A 7/11, as set out in Appendix I to Report PD 01-12, be finalized and forwarded to City Council for enactment once a consolidated site plan has been submitted to the satisfaction of staff. Executive Summary: The proposed zoning by-law amendment is to permit a 1,583 square metre seasonal garden centre in the centre of the Loblaws Superstore parking lot at 1792 Liverpool Road. The garden centre would be permitted from April 1 St to August 1St of every calendar year, during which time a minimum of 555 parking spaces would be required (see Location Map and Applicant's Submitted Plan — Attachments #1 and #2). The current by-law permits a seasonal garden centre with a maximum area of 1,055 square metres in the western portion of the parking lot from April 1St to August 31St of every calendar year and a minimum of 566 parking spaces during that time. The proposed amendment is appropriate for the site. The relocation of the garden centre will not negatively impact site function and parking. Changes to pedestrian and vehicle circulation on the site will be addressed through site plan approval. It is recommended that the zoning amendment be approved, and that the implementing by-law attached as Appendix I be brought fonivard to Council once an updated site plan for the entire site has been submitted to the satisfaction of staff. Report PD 01-12 January 9, 2012 .� Subject: Loblaw Properties Limited (A 7/11) Page 2 ., �� Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: Staff's 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 (being the increase in size and relocation of an existing permitted seasonal garden centre use and the associated parking requirement), there are limited opportunities to achieve Level 1. 1.0 Background: Loblaw Properties Limited is proposing a zoning amendment to increase the size and change the location of the seasonal garden centre associated with the Loblaws Superstore at 1792 Liverpool Road. The subject property is generally located behind the southwest corner of Kingston Road and Liverpool Road with an area of approximately 4.7 hectares. The property is occupied by a 14,�964 square metre commercial complex consisting of a variety of stores, with the major anchor being Loblaws Superstore. � A seasonal garden centre use was first approved by the Committee of Adjustment in 1995, and since then has been relocated and expanded in size through a number of zoning amendments and variance approvals. The proposal is to: • relocate, the seasonal garden centre to the centre of the parking lot • increase the size of the garden centre from 1,055 square metres to 1,583 square metres • reduce the minimum required parking spaces during the operation of the garden centre from 566 spaces to 555 spaces • allow the garden centre use from April 1St to August 1St every calendar year A seasonal garden centre of the proposed size and at the proposed location was operational during the summer of 2011, through a minor variance approval that has since expired. 2.0 Comments Received: 2.1 At the September 6, 2011 Public Information Meeting (see Public Meeting Minutes — Attachment #3) A resident appeared before the Committee requesting that accessible parking be provided near the seasonal garden centre when in operation. Report PD 01-12 Subject: Loblaw Properties Limited (A 7/11) January 9, 2012 Page 3 � � 2.2 City Department and Agency Comments Toronto and Region Conservation Authority (TRCA) 3.0 Discussion: . no objection to this application given that the garden centre location is not within the area subject to a flood risk (see Attachment #4) 3.1 Relocation of the garden centre will not negatively impact site function and parking The proposed increase in the size of the seasonal garden centre and its relocation to the centre of the parking lot will not negatively impact on-site function and parking. A total of 626 parking spaces are required for the commercial uses on the subject property when the garden centre is not in use, and a total of 639 parking spaces are provided on-site, for a surplus of 13 parking spaces. The proposed seasonal garden centre occupies 84 parking spaces, leaving a parking supply of 555 spaces. A parking study submitted by LEA Consulting Ltd. indicates that the existing parking supply can support the peak parking cfemand for all uses including the garden centre. Parking demand surveys undertaken in the spring of 2008, 2009 and 2010 consistently indicate a peak parking demand of approximately 388 spaces for all of the commercial uses on-site, including the Goodlife Fitness Centre and a seasonal garden centre similar in size to the proposed centre. The proposed minimum parking requirement of 555 spaces is more than adequate to meet the 388 space demand. The parking study also indicates that the proposed location of the garden centre to a more central area in the parking lot improves pedestrian and vehicular circulation as the proposed location is further away from building entrances than the previous garden centre location. Staff are not aware of any issues regarding parking or on-site circulation arising from the operation of the garden centre in the proposed location last summer. 3.2 Revisions to the site will be addressed through site plan approval Site development and technical matters related to the proposed garden centre, such as pedestrian and vehicle circulation and accessible parking spaces, will be addressed through the site plan approval process. Report PD 01-12 Subject: Loblaw Properties Limited (A 7/11) January 9, 2012 Page 4 There are currently eight accessible parking spaces on the site, which meets the City by-law requirements. In response to a public concern at the Public Meeting in September 2011, the provision of accessible parking spaces near the entrance of the seasonal garden centre will be reviewed as part of site plan approval. Over the years various site plan revisions have been submitted to the City to accommodate changes on the subject property, including changes to the building, changes in the location of the garden centre, plans for improvements along Kingston Road (curbs, landscaping, etc), and a new sidewalk connection from the site to Liverpool Road. It is recommended that the applicant submit an updated site plan reflecting all of these changes, to the satisfaction of staff, prior to the zoning by-law being brought forward to Council for enactment. � 3.3 Draft Zoning By-law amendment provisions In accordance with staff and agency requirements noted in this report, the draft by-law amendment attached as Appendix I provides for the following: a) increasing the size of the outdoor garden centre use from 1,055 square metres to 1,583 square metres b) changing the length of the garden centre operating season from April 1 St to August 31St of every calendar year, to April 1St to August 1St of every calendar year c) providing a minimum of 555 parking spaces during operation of the garden centre rather than 566 parking spaces d) relocating the garden centre from the western portion of the parking lot to the centre of the parking lot In addition, the draft zoning by-law will reflect the overall parking requirement of 4.24 parking spaces per 93 square metres gross leasable floor area previously approved by the Committee of Adjustment. 4.0 Applicant's Comments The applicant is aware of the recommendations of this report. Report PD 01-12 Subject: Loblaw Properties Limited (A 7/11) Appendix: January 9, 2012 Page 5 Appendix I: Draft Implementing Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Site Plan 3. Minutes from September 6, 2011 Public Information Meeting 4. Agency Comments — Toronto and Region Conservation Authority Prepared By: ��A.� �Mila Yeung Planner I � c�a�u.�� Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design MY: jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering C,�t� Cou,�c,�l Tony Prevedel, P.Eng. Chief Administrative Officer Approved/Endorsed By: � Neil Carro , RPP Director, Planning & Development /�..�. zZ�Zo/1 �7 � Draft Implementing Zoning By-law Amendment Application A 7/11 Appendix I to Report PD 01-12 �� The Corporation of the City of Pickering �� By-law No. XXXX/12 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 1680/83, 1727/83, 2006/85, 5235/98 and 7061/10 to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 23, Concession 1 South, in the City of Pickering (A 7/11) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a seasonal garden centre use of 1,583 square metres located in the centre of the parking lot from April 1 to August 1 of every calendar year and a minimum of 555 parking spaces is required to be provided from April 1 to August 1 of every calendar year for Part Lot 23, Concession 1 South, in the City of Pickering. And whereas as amendment to By-law 3036, as amended by By-law 1680/83, 1727/83, 2006/85, 5235/98 and 7061/10, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Area Restricted The provision of this By-law shall apply to those lands in Part of Lot 23, Concession 1 South, in the City of Pickering. 2. Schedule I Amendment Schedule I attached hereto with notations and references shown thereon is herby declared to be part of this By-law. 2. Schedule I to By-law 5235/95, is hereby amended to relocate the outdoor storage area associated with a garden centre as shown as crosshatched on Schedule I attached hereto. 3. Text Amendment 1. Paragraph B of Section 5.(1)(b) vi) Parking Requirements of By-law 1680/83, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10, is hereby repealed and replaced by the following paragraph: B There shall be provided and maintained a minimum of 4.24 parking spaces for each 93 square metres or part thereof gross leasable floor area, which may be provided and maintained on the lot generating the requirement or on an abutting lot or lots; � � By-lav►r No. XXXX/12 D�� Page 2 2� 2. Paragraph F of Section 5.(1)(b) vii), Special Restrictions (`C7' Zone) of By-law 1680/83, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10, is hereby repealed and replaced by the following subparagraph: (I) Despite any provision of By-law 3036, as amended by By-Iaws1680/83, 1727/83, 2006/85, 5235/98 and 7061/10, a portion of the parking area as generally identified by the crosshatched area within Area 5 on Schedule I of By-law 5235/98 as amended, may be used for 1,583 square metres of outdoor storage associated with a garden centre use from April 1 to August 1 of every calendar year. (II) Despite the parking requirement of Section 5.(1)(b) vi) of amending by By-law 1727/83, as amended by By-law 2006/85, 5235/98 and 7061/10 to By-law 3036, a minimum of 555 parking spaces are required to be provided from April 1 to August 1 of every calendar year, while the outdoor storage associated with a garden centre use exists within the parking area as generally identified by the crosshatched area within Area 5 on Schedule I of By-law 5235/98 as amended. 3. Paragraph G of Section 5.(1)(b) vii), Special Restrictions ('C7' Zone) of By-law 1680/83, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10, is hereby repealed and deleted. 3. By-law 3036 By-law 3036, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 2 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. By-law No. XXXX/12 4. Effective Date �. � � This By-law shall come into force in accordance with the provisions of the Planning Act. By-law read a first, second and third time and finally passed this , 2012. David Ryan, Mayor Debbie Shields,�y Clerk Page 3 day of 7( � �2 , � , � , OPO � � � ` ,� (PREVIOUSLYSCHEDULEII TO BY-LAW 1680/83) BEING AN AMENDMENT TO SCHEDULE A' TO BY-LAW >727/83 (AS AMENDED BY BY-LAW 2006/85 & 4998/97) SCHEDULEITO BY-LAW 5235f98 AMENDED BY BY-LAW PASSED THIS DAY OF 2012 �.��nr� ATTAQ;FIMEM#�_TO 2 4 REPORT# PD � � ' � � Information Compiled from Applicant's Submitted Plan A 07/11 Loblaw Properties Limited �O Proposed location of O � 1,583 square metre �� „ seasonal garden centre O w� �� (from April 1 to August 1) J� y''� �. �`�G __ .� _„ �. � _< - _ � � �..�.o , , � I� _ ''� .. / w � _ • ` ° � ` � _ � � ,...� __ . � Existing location of " ` ^ - v i � � � 1,055 square metre � '4 �`_ �° — -�o � , seasonal garden — — � � � "- ° "'�`— „"�"„ � i centre (from Apr�l 1 p� — ~ � 1 ' to August 31) """°" . • "�` — °°>`�G+'°'°" O .� c�e � .. ,..,... � � ..�"� ,m.. � . . ..__�..� � � r- _ _ - - _ .� ... _ _._ __ _- __ _ _� � --- _ .._. _.... � , --. :a- _ _... _ _ _ .,�,_.�. , `. � � b� �A' '-0 � O� �A A °� ^ �-•----^------�'�'' —'^�- "� ° • � � l_ • � � d EXlSTING }� . EX{STING . ' � • RETAIL � EX�S N � RETAI� ' t�.�n.F � ftcT 1L ��, n.,+o. A J 23 � COfVCE5�l0 7 v � o�• � ,.._.±.f� °___.,.,,.,�_ � � �,A � ,.....�.,,...._/ . ...,..,._..,. T . . . . . EXISTIN(;. . . . . . — � � � ,�.,.�. RETAIL A " — �""''"` . � _ . . . . . . , . . . . _ � " �..�. d o m •°�"' «�. � � /.C(!///r/!/!!/!/!L!/!!h!�/dlLUll /1U//6(!LC(!!/ - - .( - M. Y !! _ .. . _....,..,......W ! � ....._. . ��% . . ....: . - � � ..... � . •� .. � - .. _ � . . . ____.._.__ . . :.:r.arw.,.-*�. . Q r— p , �rm.�arva ^ , .. ]��. . .---._ ..... . ..... . . . . _ ... ......_.. . ...........__....__ .. � .. _ . '� V This map was produced by the Cily ot Pickering Planning & Development Departmenl, Planning Infortnation Services Mapping and Design, Dec 13, 2011. ATFA641MENT�. � TO REPOR7'� PD /� / - / a ,. �. b�s.� �� C. a� , . , �:�y�+_i ,-�^' - - - ��I�� (II) Part `A' Information Reports Excerpts from F'lanning & Development Corr�mittee Meeting Minutes T'uesday; September 6, 2011 7:30 pm -- Council Chambers Chair: Councillor Ashe Marg Wouters, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. She ouflined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, thaf person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board; there are reasonable grounds to do so. 3. Zoning By-law Amendment A 7/11 Loblaw Properties Limited 1792 Liverpool Road �Part of Lot 23, Concession 1 South), 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. Mila Yeung, Planner I, provided an overview of zoning by-law amendment application A 7/11. Heather Garrett the representative for the applicant appeared before the Committee in support of the application and to answer any questions. Keith Falconer, 710 Lublin Ave, appeared before the Committee and asked if Loblaws could create a couple of disabled parking spots near the garden centre when it was open. 1 2�J 26 " � , �TORONTO AND REGION `�-� �.�r� ��'D��`�/� �`��11 for� The Livi�ag City August 17, 2011 A`1TACHM�T��TO REPORT# �D � � -/ � ; r F �. � � � �.. � , � F .._ .. t .... �'' �. .''�� r � .' `��' � f•.,�� N,; CFN 6 f._..... . _i_fi'uir_14f�� ;?�-,.,, ,�';�.F,,-r- VIA MAIL AND EMAIL �myeungCa�cityofpickerinq.com) Mila Yeung Planning and Development Department City of Pickering 1 The Esplanade Pickering ON L1 V 6K7 Dear Ms. Yeung: Re: Zoning By-law Amendment Application A 7/11 Part Lot 23, Concession 1 South on Lands Municipally Known as 1972 Liverpool Road (Loblaw Properites Limited) Staff at the Toronto and Region Conservation Authority (TRCA) have now had an opportunity to review the application captioned above. We understand that the purpose of the application is to amend Zoning By-1aw 3036, as amended, in order to permit a seasonal garden centre as a permitted use. We further understand that the garden centre is generally located in the centre of the parking lot. � Lands Susceptible fo Flooding and are Wifhin a TRCA Regulated Llrea The subject lands are located immediately east of the channel �f the Fine Creek, which is a tributary of Frenchmans Bay. Due to the closeness of the (ands to Pine Creek, the western portion of the lands are located within the Regional Storm Flood Plain and are susceptible to flooding in the event of a Regional Storm. Any changes to the existing building, or erection of a new structure or changing grades in this area would require permission from the TRCA pursuant to Ontario Regulation 166/06. Recommendation Based upon our understanding of the application, the garden centre location is not within the area subject to :i flood risk. Given this, we have no objection to the application. Please contact me if you have any questions or concerns with respect to this letter. Yours truly, Chris Jon , MCIP, RPP Senior Planner, Planning and Development, Extension 5718 cc: Steve Heuchert, TRCA (via email only: sheuchert@trca.on.ca) F:\Home\Public\Development Services\Durham Region\Pickering\1972 Liverpool ZBA_1.wpd Member of Conservation Ontario . : �. o,.�o.s � Shoreham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca � �y9 C�� Report To ;- ; Planning & Development Committee PICKERING Report Number: PD 02-12 Date: January 9, 2012 2� From: Neil Carroll Director, Planning & Development Subject: The Strong Communities through Affordable Housing Act, 2011 Proposed Amendments to the Planning Act for Second Units File: L-1100-042 Recommendation: That Report PD 02-12 of the Director, Planning & Development, on amendments to the P/anning Act, through the Strong Communities through Affordable Housing Act, 2011, be received for information; and 2. Further, that should the remaining sections of the Strong Communities through Affordable Housing Act, 2011, be proclaimed in 2012 as anticipated, that an appropriate review process be undertaken to bring the Pickering Official Plan and City's zoning by-laws into conformity with the new Planning Act provisions for second units. Executive Summary: Currently, the City permits a second unit (that is, an accessory dwelling unit) within a detached or semi-detached dwelling unit, as of right through the zoning by-law, subject to several restrictions. The City does not have a general zoning provision permitting an accessory dwetling unit within an ancillary building or structure. Changes to the second unit provisions of the Planning Act are anticipated through proclamation of remaining sections of the Strong Communities through Affordable Housing Act, 2011 early in 2012. These changes will require municipalities to pass official plan policies and zoning by-laws to permit second dwelling units in detached dwellings, semi-detached dwellings and townhouses, or in an ancillary building or structure on the lot, but not in both. City staff will consider the required conformity amendments during the preparation of the 2012 and 2013 Planning & Development work programs. As with the previous official plan and zoning amendments for accessory dwelling units, the involvement of staff from other divisions including Fire and Corporate Services will be necessary. The conformity amendments are not subject to appeal. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. Report PD 02-12 January 9, 2012 Subject: The Strong Communities through Affordable Housing Act, 2011 Page 2 Sustainability Implications: of a healthy society. Background: 1.0 2.0 Access to affordable housing is an important aspect The Province has passed legislation to assist in creating more affordable housing. The Strong Communities through Affordable Housing Act, 2011 (Affordable Housing Act) is part of the Province of Ontario's Long-Term Affordable Housing Strategy. The Strategy was released by the Minister of Municipal Affairs and Housing in November 2010. The Strategy is a result of provincial consultation and lays the groundwork for the provision of affordable housing throughout Ontario. The Affordable Housing Act received Royal Assent on May 4, 2011. Certain sections came into force at that time, while proclamation of other sections, notably those related to second dwelling units, are anticipated to be proclaimed in January 2012. The Affordable Housing Act also enacts the Housing Services Act, 2011, repeals the Social Housing Reforms Act, 2000, and makes complementary and other amendments to various Acts including the P/anning Acf. Amendments to the Planning Act are the focus of this report. The Amendments to the Planning Act are intended to increase the affordable housing supply by facilitating the creation of second units. Key changes to the Planning Act are as follows: (a) adds a specific reference to "affordable housing" in the matters of provincial interest in section 2 of the Planning Act; (b) requires municipalities to establish official plan policies and zoning by-taw provisions to allow second units in single detached dwellings, semi- detached dwellings and townhouses, if no building or structure anciltary to these housing types contains a residential unit; (c) requires municipalities to establish official plan policies and zoning by-law provisions to allow dwelling units in buildings or structures ancillary to single detached dwellings, semi-detached dwellings and townhouses if these houses contain a single residential unit; (d) removes the ability to appeal official plan policies and zoning by-law provisions (including any related standards) concerning second units to the Ontario Municipal Board; Report PD 02-12 January 9, 2012 Subject: The Sfrong Communities through Affordable Housing Act, 2011 Page 3 29 (e) provides authority for the Minister of Municipal Affairs and Housing to make regulations authorizing the use of, and establishing requirements and standards for second units that can override local regulations; and (fl increases the number of years garden suites (also known as granny flats) may be authorized from 10 to 20 years. � Items (b) through (e) are anticipated to be proclaimed in January 2012. 3.0 Pickering will need to implement official plan and zoning changes to conform to the new Planning Act provisions. The Pickering Official Plan has housing objectives and policies which acknowledge the importance of providing a broad diversity of housing by form, location, size, tenure, and cost, including the provision of an adequate supply of affordable, rental, assisted and special needs housing. The Official Plan also states that accessory residential units are not included in the calculation of residential densities. � Further, the Official Plan includes a general policy that City Council shall zone to permit accessory apartments and garden suites where appropriate. Council passed zoning by-laws in 2004 permitting accessory units within a detached or semi-detached dwelling, subject to a number of conditions. An accessory dwelling unit is permitted within a detached or semi-detached dwelling provided: (a) a total of three parking spaces are provided on the property where the accessory dwelling is located; (b) the maximum floor area of an accessory dwelling unit is 100 square metres; (c) a home-based business is prohibited in either the main or the accessory dwelling unit; and (d) in the Rural Agricultural Zone, where a bona fide farmer has a second, (farm-related) dwelling, the accessory unit is not located within the second dwelling. The City did not zone as a general provision to permit accessory units within ancillary buildings or structures on a lot. However, some site-specific zonings have been approved. With the proclamation of the remaining sections of the Affordable Housing Act, it will be necessary to bring the Pickering Official Plan and the City's zoning by-laws into conformity to permit: (1) the use of two residential units in a detached house, semi-detached house or townhouse if no building or structure ancillary to the detached house, semi-detached house or townhouse contains a residential unit, subject to appropriate requirements and standards; and Report PD 02-12 January 9, 2012 Subject: The Sfrong Communities through Affordable Housing Act, 2011 Page 4 (2) the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or townhouse if the detached house, semi-detached house or townhouse contains a single residential unit, subject to appropriate requirements and standards. These official plan and zoning conformity amendments are not subject to appeal. 4.0 The Minister of Municipal Affairs and Housing is authorized to make regulations that prevail over local municipal zoning by-laws regarding accessory dwellings. The changes to the Planning Act will also allow the Minister to make regulations that: • authorize the second unit as set out in section 3.0 (1) and (2) above • establish requirements and standards with respect to the units that would apply as if they were a by-law passed under the zoning section 34 of the Planning Act • prevail in the event of a conflict with a zoning by-law • may provide that the regulation does not prevail over a zoning by-law • may be general or particular in its application; and • may be restricted to those municipalities or parts of municipalities set out in the regulation 5.0 A number of related issues need to be reviewed with undertaking the conformity amendments. In preparing the 2012/2013 Planning & Development Department work programs, staff will consider the timing and priority of the required conformity amendments. Preliminary issues that Planning & Development staff has identified for further review include the following: • whether changes to the current restrictions, or new ones, are required • whether any changes to the Fire Department registry of accessory units are required; and • whether the Development Charge By-law, which currently requires two charges to be {�aid if the accessory dwelling is built at the same time as initial construction, should be changed to further facilitate up-front construction with proper inspections Report PD 02-12 January 9, 2012 Subject: The Strong Communities through Affordable Housing Act, 2011 � Page 5 Prepared By: _� Deepak Bhatt, MCIP, P Planner II - Policy Catherine Rose, MCIP, RP Manager, Policy DB:CR: jf Copy: Chief Administrative Officer - - __ Recommended for the consideration of Pickering �ty Co�n�il Tony Prevedel, P.Eng. Chief Administrative Officer Approved/Endorsed By: � 1��..�.// - . . `=�►��. . . — � - � " _. • : �- - •• - , 22, Zn il 31