Loading...
HomeMy WebLinkAboutPLN 06-13 ��� �� Report to '�' Planning & Development Committee � � PICKERING Report Number: PLN 06-13 Date: April 8, 2013 From: Thomas Melymuk i Director, City Development Subject: Zoning By-law Amendment Application A 6/12 Navraj Properties Inc. . 720 Sheppard Avenue Recommendation: 1. That Zoning By-law Amendment Application A 6/12, submitted by Navraj Properties Inc., to permit additional office and commercial uses on lands municipally known as 720 Sheppard Avenue be approved; and 2. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 6/12, as set out in Appendix I to Report PLN 06-13, be finalized and forwarded to City Council for enactment. Executive Summary: The applicant has submitted a Zoning By-law Amendment application proposing to expand the list of permitted uses on the subject property formerly the Weber Medical Centre. The proposed uses include a business office, convenience store, personal service shop and professional office. The subject property is located at the northeast corner of Sheppard Avenue and Whites Road. The additional uses comply with the policies of the Pickering Official Plan and are appropriate for the existing building and compatible with the surrounding land uses. To mitigate parking issues that have occurred in the past due to the high parking demand of the medical office uses, the draft zoning by-law includes a provision restricting medical office and related uses within the existing building to 50% of the total gross leasable area. This provision shall ensure sufficient parking supply is available to accommodate all the uses. As a result of the comments received at the Information Meeting, the applicant has agreed to undertake site improvements to the property, including the repair of fencing, improve on-site lighting and the repair of retaining wall planter boxes. In addition, the applicant has provided the City with a letter of understanding and security to ensure all works are completed to the satisfaction of the City. Staff recommend that the application be approved and the implementing zoning by-law amendment, attached as Appendix I, be forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. � Report PLN 06-13 - April 6, 2013 Subject: Navraj Properties Inc. (A 6/12) Page 2 1. Background 1.1 Property Description The subject property is located at the northeast corner of Sheppard Avenue and Whites Road and is approximately 0.26 of a hectare in size (see Location Map — Attachment#1). A 2-storey medical clinic building having 929 square metres of gross floor area is currently located on the site. The site contains a total of 50 parking spaces and has an existing vehicular driveway entrance from Sheppard Avenue. � Surrounding lands uses include: The CN rail line to the north, townhouses to the south and detached dwellings to the east and west. Furthermore, Dunbarton High School is located at the southwest corner of Sheppard Avenue and Whites Road. 1.2 Applicant's Proposal The applicant is proposing to expand the list of permitted uses to include � professional office, business office, personal service shop and convenience store within the existing building (see Applicant's Submitted Plan -Attachment#2). The current zoning on the property specifically permits a medical office facility. The applicant is requesting the additional uses in order to provide a greater , flexibilify to attract tenants and to maintain the sites economic viability. No physical changes are proposed to the existing building or the property. The applicant has amended his original application, in consultation with staff, deleting the proposed scientific research or medical laboratory (non-industrial) use. 2. Comments Received 2.1 At the December 3, 2012 Public Information Meeting and in written submission A resident appeared at the meeting expressing her concerns regarding the proposed zoning by-law amendment and identified various issues mostly related ' to ongoing maintenance of the property, sufficient supply of on-site parking and loading, and compatibility of the proposed uses with surrounding uses. Specifically, the concerns identified are as follows: • improve on-site lighting • repair or replacement of existing fencing along the east and north property lines ' • insufficient supply of on-site parking and loading areas to accommodate additional uses • handling of waste management on-site • hours of operation of the proposed uses • appropriateness of permitting a convenience store use Report PLN 06-13 April 6, 2013 Subject: Navraj Properties Inc. (A 6/12) Page 3 2.2 City Departments & Agency Comments Durham Region • the subject lands are located within the "Living Areas" designation within the "Regional Corridor" in the Durham Region Official Plan • the Region of Durham Planning Department has advised that the proposed additional uses comply with the Regional Official Plan Engineering & Public • no objection to the application Works CN Rail • no objection to the application given that the building exists and a chain link fence is erected to address potential trespass issues Durham District School • no objection to the application Board • the Durham District School Board advises the owner of the property that the proposed ', _ convenience store may create issues regarding loitering given the proximity of the Dunbarton High School 3. Planning Analysis 3.1 The proposed additional uses comply with the provisions of the Pickering Official Plan The Pickering Official Plan designates the property as "Urban Residential — Low Density Areas" within the Woodlands Neighborhood. Lands within this designation permit residential uses and limited offices, retailing of goods and services serving the area. The requested additional uses comply with the policies of the Pickering Official Plan. 3.2 Proposed uses are appropriate for the existing building and compatible with the surrounding land uses The proposed additional uses include professional office, business office, personal service shop and convenience store would complement the existing medical office use currently permitted within the building. The requested uses are appropriate for the existing building and are eompatible with the surrounding land uses. The additional uses will provide opportunities for the applicant to attract additional tenants to the building. Furthermore, the proposed uses will provide additional office and commercial uses to serve the surrounding residents. Report PLN 06-13 April 6, 2013 Subject: Navraj Properties Inc. (A 6/12) Page 4 3.3 Sufficient parking supply is available on-site to accommodate the additional uses Currently, a total of 50 parking spaces are provided on-site in accordance with the approved site plan. This property has had on-going parking issues due to the higher parking demand of the medical office uses, which has resulted in overflow parking onto Sheppard Avenue. To mitigate future parking issues, staff are recommending that the amending by-law restrict medical office and related uses within the existing building to 50% of the total gross leasable floor area. The additional uses proposed will help relieve the parking concerns due to the lower parking demand. Restricting medical office us�s and introducing additional uses that have a lower parking demand will help ensure sufficient on-site parking is available to serve all of the uses. 3.4 Adequate loading and unloading space is available on-site The current zoning on the property does not require a dedicated loading space. Based on discussions with the owner, deliverers and loading requirements for the various uses within the building are unlike that of industrial uses. It is anticipated that deliveries will be by cube vans and smaller delivery vehicles. Therefore, staff are satisfied that the regular parking space can serve as loading spaces for these delivery vehicles, which will service the existing and�proposed uses. 3.5 The Owner is committed to improving on-site maintenance of the property Concerns were expressed at the Information Meeting regarding the maintenance of the property, such as the condition of the existing fencing along the perimeter of the property, lighting and garbage. The applicant is committed to undertaking site improvements to the property and recently repaired the cedar privacy fence located along the east property line and the chain link fence located at the north west corner of the property. Based on discussions with the applicant, all garbage is stored in the basement refuse room and disposed by a private contractor and will no longer be stored outside of the building. The owner will install a garbage receptacle at the entrance of the building to mitigate concerns with respect to on-site littering. The applicant is proposing other repairs to the property including the retaining wall planter located along the west property line adjacent to existing parking area and the repair of the exterior wall mounted lighting located on the back and side of the building. To ensure the works are completed, the owner has provided the City with a letter of understanding and a security in the amount of$5,000. The owner acknowledges that these funds will be held by the City until such time as the owner completes the property and building maintenance in conformity with the approved Site Plan. Report PLN 06-13 April 6, 2013 Subject: Navraj Properties Inc. (A 6/12) Page 5 3.6 By-law to be forwarded to Council The lands are currently zoned "SC-5" — Special Commercial by Zoning By-law 3036, as amended by By-law 1889/84. The draft implementing zoning by-law, attached as Appendix I to this report, amends "SC-5" to permit the following additional uses: business office, convenience store, personal service shop and professional office; and maintains the medical office facility_use. The draft by-law also adds clauses limiting the medical office and related uses to no more than , - 50% of the total gross leasable floor area of the building, and requiring all ' garbage to be stored entirely in the building. It is recommended that the implementing zoning by-law be finalized and forwarded to CounciL � 3.7 Applicant's Comments � The applicant is aware and concurs with the recommendations of this report. , Appendix Appendix I Draft Implementing Zoning By-law Attachments 1. Location Plan , 2. Applicant's Submitted Plan Report PLN 06-13 April 6, 2013 Subject: Navraj Properties Inc. (A 6/12) Page 6 Prepared By: Approved/Endorsed By: � � ' - , Cristina Celebre Catherine Rose, MCIP, R Senior Planner- Development Review (Acting) Chief Planner & Heritage /U�` - Niles u i, MCIP, RPP Thom s Mely uk, CIP, RP _ Manager, Development Review & Director, City Dev opment Urban Design CC:Id Recornmended for the consideration of Pickering Cit Council �• 2l, Zol3 Tony Prevedel, P.Eng. Chief Administrative Officer Appendix I to . Report PLN 06-13 I Draft Implementing Zoning By-law Amendment Application A 6/12 The Corporation f y of Pickering B w No. xxxx/13 Being a By-law to amend Restricted Area (Zoning) By-law 3036, , as amended by By-law 1889/84 to implement the Official Plan of the City of Pickering, Region of Durham, being Concession 1, Part Lot 28, Part 1, 40R-10000, in the City of Pickering (A 6/12) Whereas the Council of The Corporation of the City of Pickering deems it desirable to add uses on the subject lands, being Concession 1, Part Lot 28, Part 1, 40R-10000, in the City of Pickering; I And whereas an amendment to By-law 3036, as amended by By-law 1889/84, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Area Restricted The provisions of this By-law shall apply to those lands being Concession 1, Part Lot 28, Part 1, 40R-10000 in the City of Pickering. 2. Text Amendment (1) Section 4., Definitions, of By-law 1889/84, is hereby amended by ' renurnbering and re-alphabetizing this subsection in order to incorporate � the new definitions as follows: (a) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include, a data procession establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (b) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; � , B -law , x/13 Pa e 2 (c) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is perFormed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time-to-time, or any successor thereto; (d) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time-to-time, or any successor thereto; (2) Subsection 5.(1) Uses Permitted - "SC-5" Zone, of By-law 1889/84, is^ hereby repealed and replaced by the following clause: 5. (1) Uses Permitted ("SC-5" Zone) No person shall, within the lands zoned "SC-5" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) business office (b) convenience store (c) professional office (d) personal service shop (e) medical office facility (3) Clause 5.(2) (k) Special Restrictions — "SC-5" Zone, of By-law 1889/84, is hereby amended by renumbering and re-alphabetizing this clause in order to incorporate the following: 5. (2) (k) Special Restrictions (b) All medical office and related uses shall not exceed 50% of the gross leasable floor area of the building (c) All garbage shall be stored entirely in the building 3. By-law 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1. and 2. above. Definitions and subject rnatter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. By-law No. xxxx/13 Page 3 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 xx day of xx, 2013. David Ryan, Mayor Debbie Shields, City Clerk r ATTACHMENT# j TO RE�'OR� � e�� 0 6-�3 . z eq Y,r p m ,,, /F�� � AVENUE Q � ST. � WOOD w ��. � = GATE JACQUELINE P o � � � � EDGEWOOD r � COURT = o o J�'� � o o� c,� � W m r � � � TRAIL Q � �� o 0 WEYBURN = N N a cn z o � °o COURT � � � z =Q w U� U N W �' O���. �,�T , � Sy� SHADYBROOK R ES LAN TOT L SQUARE SHEPPARD AV N DUNBARTON o H/GH SCHOOL o SUBJECT � PROPERTY DUNBARTON� /MM/NG POOL 0 > m R�p,O . F DUNFAIR STREET � w 0 N W H � S.�pN ���G ��1 �P� �G� � City of Pickering Planning & Development Department PROPERTY DESCRIPTION COnCeSSiOn 1, Part LOt 28,Part 1,40R-10000 �A OWNER Navraj Properties Inc. DATE Oct.5,2012 DRAWN BY JB / ` FILE No. A 006/12 SCALE 1:5,000 CHECKED BY CC H �TeronetrcEnterprlaec Ine. and ita oupplierc. All righte Reserved. Not o plan of survey. �1�1'c 2012 MPAC and Ite e Ilers. All ri ht6 Reeerved. Not a lan of Surve. r1Y V ATTACHMENT#a TO RENUR� � ���.N O6-/3 Information Compiled from Applicant's Submitted Plan A 06/12 Navraj Properties Inc. - axnv.� �-e... 46.$,l�,.w � , _ ."' . ._ . ��� _, ..:� ����� . :.:. I � , , , , , � � � � � Q � .. __-� -. .:._ , � rn ,.._�. .: 0 0o z �� — � n � Y � � . - � 9 a � _ � � W Y z , �— � � �--- � • EKiS,i�G � g NE6iC�4 9UIl0:NG � � f W Nn 720 � � � Wr N � --, h�'\ � � EXISTING � � LANDSCAPING 44.1m „" G SIDEW LK SHEPPARD AVENUE � N - This map was produced by The City Of Pickering Planning&Development Department, Planning Information Services Mapping And Design,Oct.5,2012.