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REPORT TO COUNCIL
FROM:
Neil Carroll
Director, Planning & Development
DATE: January 3, 2002
REPORT NUMBER: PD 04-02
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SUBJECT:
Zoning By-Law Amendment Application A 33/00
802226 Ontario Limited
Part of Lot 18, Concession 1
Parts 6-8, 12, 13, Plan 40R-1O635
(1048 Toy Avenue)
City of Pickering
RECOMMENDATION:
1.
That Zoning By-law Amendment Application A 33/00, submitted by 802226 Ontario
Ltd., on lands being Part of Lot 18, Concession 1, (Parts 6-8, 12 & 13, Plan 40R-I0635),
City of Pickering, to amend the zoning of the lands in order to add a vehicle service and
repair shop which shall include the sale of associated vehicle accessories as a pennitted
use, be APPROVED subject to the conditions outlined in Appendix I to Report
Number PD 04-02.
ORIGIN:
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Zoning By-law Amendment Application A 33/00 submitted to the City of Pickering.
AUTHORITY:
The Planning Act, RS.O. 1990, chapter P.B
FINANCIAL IMPLICATIONS:
No direct costs to the City are anticipated as a result ofthe proposed development.
EXECUTIVE SUMMARY:
The applicant proposes to add a vehicle service and repair shop, including the sale of associated
vehicle accessories, to the existing industrial zoning. The subject property currently supports
two buildings, one of which is used for a recycling facility and the other as a multi-tenant
industrial building. A location map and a reduction of the applicant's site plan are included as
Attachments # 1 and #2 to this Report.
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The current zoning of the property pennits a "Truck Centre" which allows the uses requested by
the applicant, however it restricts the uses to trucks only. The applicant is requesting that this
definition be broadened to accommodate all vehicle types. The requested amendment is in
character with the existing zoning of surrounding properties.
It is recommended that Zoning By-law Amendment Application A 33/00 be approved, subject to
the conditions outlined in Appendix I to Report Number PD 04-02.
Report to Council PD 04-02
Date: January 3, 2002
003
Subject: Zoning By-law Amendment Application A 33/00
Page 2
BACKGROUND:
1.0 Infonnation Meeting
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A Public Infonnation meeting was held on March 22, 2001, to discuss the applicant's
proposal. Infonnation Report No.1 0-0 I, which summarizes the applicant's proposal and
outlines the issues identified through circulation of the application, was prepared for the
meeting. The text of the Infonnation Report is provided for reference (see Attachment #3).
At the Public Infonnation Meeting, Planning staff gave an explanation of the application.
Mr. Mike Nunes, of Sonic Automotive located at 1034 Toy Avenue, indicated that he has
concerns with the potential for overflow parking from 1048 Toy Avenue to occur on his
property, which is situated immediately south of the subject lands. Minutes of the meeting
are included as Attachment #4.
2.0 Additional Infonnation
Since the preparation of Information Report No. 10-01, the following comments have been
received:
The Region of Durham Planning Department have advised that they have no objections
to the application.
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Mr. Mike Nunes, of Sonic Automotive, located at 1034 Toy Avenue expressed concerns
with on-site parking, property conditions, and that approval of this application would only
result a worsening of the existing situation. A copy of his detailed comments is included
with this report (see Attachment #5).
3.0 Discussion
3.1 Appropriateness of Application
The subject property is located within an area of the City designated "Employment Area -
General Employment" which pennits, among other uses, the establishment of automotive
and vehicle sales and repair facilities. The subject property is sUITOlmded by industrially
zoned properties on Toy Avenue that support or currently provide service and repair
facilities for all vehicles types. The applicant's request to add a vehic1eservice and repair
use with the sale of associated vehicle accessories, to the list of pennitted uses, is
compatible with the uses in the area, subject to site function details discussed in Section 3.2
of this Report.
3.2 Site Conditions
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A concern was raised by an abutting landowner (Sonic Automobile Enterprises Limited)
that the addition of this use will further exacerbate an existing problem regarding the
overflow of parking from the applicant's property onto the southerly abutting lands.
Planning & Development staff have visited the site and observed its operation. Users ofthe
subject site are utilizing the parking area of the abutting property to the south without
permission. In order to discourage this activity it is recommended that a condition of
approval require the owner of the subject property to erect a 1.2 metre high chain link fence
along the south lot line. Implementation of this measure will discourage the use of the
Sonic Automobile property for parking. It is recommended that the erection of this fence be
addressed through an amendment of the approved site plan, prior to the forwarding of an
implementing by-law for Council's consideration.
3.3 Recommended Zoning Provisions
The subject property was originally zoned "Ml" - Light Storage and Manufacturing Zone
and "M2" - Industrial Zone, by By-law 2511, which permitted the service and repair of any
vehicle. These zoning provisions still apply to many properties on Toy Avenue.
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I} 0 4 Report to COlUlCil PD 04-02
Subject: Zoning By-law Amendment Application A 33/00
Date: January 3,2002
Page 3
3.3
Recommended Zoning Provisions
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The subject property was originally zoned "M1" - Light Storage and Manufacturing Zone
and "M2" - Industrial Zone, by By-law 2511, which pennitted the service and repair of any
vehicle. These zoning provisions still apply to many properties on Toy Avenue.
The zoning for the subject property was amended, in 1986, through the submission of
Zoning By-law Amendment Application A 62/80. The amending by-law specifically
pennitted truck service and repair and did not include provisions for the service and repair of
other vehicles. After reviewing the associated planning report, regarding the addition of the
"Truck Centre" use, it appears that the limitation to truck repair and service was based on
the applicant's request to pennit a truck centre, and was not an intentional effort to prohibit
the service and repair of other vehicles.
It is recommended that the "Truck Centre" definition and use be deleted and replaced with a
new broader definition and use category to accommodate a vehicle service and repair shop
which shall include the sale of associated vehicle accessories for all vehicle tvpes.
Accordingly, staff recommends that Council approve Zoning By-law Amendment
Application A 33/00, subject to conditions as set out in Appendix I to Report Number
PD 04-02.
4.0 Avplicant's Comments
The applicant has reviewed the contents of this Report and concur!) with the
recommendation for approval but does not agree with the Planning & Development
Department's recommendation to install a fencing along the south lot line of the subject
property. The applicant will. address Council regarding this matter.
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ATTACHMENTS:
1. Property Location Map
2. Applicant's Submitted Plan
3. Infonnation Report
4. Minutes of Public Infonnation Meeting
5. Mr. Mike Nunes, 1034 Toy Avenue
Approved / Endorsed By:
p p
. g & Development
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Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of Pickering
City Council
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2.0
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APPENDIX I TO
REPORT NUMBER PD 04-02
RECOMMENDED CONDITIONS OF APPROVAL FOR
ZONING BY-LAW AMENDMENT APPLICATION A 33/00
That, prior to the forwarding of an implementing zoning to Council, the
applicant/owner shall:
(a) obtain revised site plan approval from the City's Director, Planning &
Development, to address and secure for the addition of a 1.2 metre high chain
link fence along the south lot line of the subject property.
That, the implementing by-law shall include, but not necessarily be limited to the
following:
(a) the deletion and replacement of the "Truck Centre" definition with a new
definition that permits a vehicle service and repair use, which shall include the
sale of associated vehicle accessories for all vehicle types.
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C) ~ III
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PART OF LOT 18, CONCESSION 1, PARTS 6, 7, 8, 12AND 13, 40R-10635
OWNER 802226 ONTARIO LTD. DATE JAN 5, 2001 DRAWN BY RC
APPUCATION No. A 33/00 SCALE 1 :15ÒO CHECKED BYJA
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INFORMATION COMPILED FROM APPLlCAN"rS SUBMllTED PLAN
A 33/00
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~ BU, ILDINGS AT 1048 TOY AVENUE
~ SUBJECT OF ZONING AMENDMENT
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THIS MAP WAS PRODUCE:D BY THE: CITY OF PlCKE:RING
PlANNING .t DEYELOPUENr DE:PARTMENr, FE:8R/JARY 12, 2001.
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ATTACHMENT # 3 TO
REPORT # PO C)i.f~o '2...
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INFORMATION REPORT NO. 10-01
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FOR PUBLIC INFORMATION MEETING OF
March 22, 2001
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O.1990, chapter P.13
SUBJECT:
Zoning By-Law Amendment Application A33/00
802226 Ontario Limited
Part of Lot 18, Concession 1
Now Parts 6-8, 12, 13, Plan 40R-10635
1048 Toy Avenue
(East side of Toy Avenue, north of Quartz Street)
City of Pickering
1.0
PROPERTY LOCATION AND DESCRIPTION
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the subject property is located on the east side of Toy Avenue, north of Quartz Street
and is appro~imately 0.851 hectares in size (see location map - Attachment #1);
there are two buildings existing on site with one building ftonting on Toy Avenue
(industrial mall) and the other ITonting on Quartz Street (recycling facility);
the surrounding land uses include various industrial and industrial-commercial uses to
the north, south, west and east;
there is a railway line adjacent to the easterly property line running in a north-south
direction.
2.0
APPLICANT'S PROPOSAL
the applicant, Mr. Chuck Kunc, proposes to change the present zoning on the subject
lands to add the service and repair of vehicles, and the sale of associated accessory
items to the list of permitted uses already on the subject property (see Applicant's
Submitted Plan - Attachment #2).
3.0
OFFICIAL PLAN AND ZONING
3.1
Durham Re !Îonal Official Plan
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the Durham Regional Official Plan identifies the subject lands as being within an
"Employment Area" designation;
this designation permits a wide range of employment and employment-related uses
such as, manufacturing, assembly and processing of goods, service industries, storage
of goods and materials, and business parks;
the applicant's proposal seems to comply with this designation;
Information Report No. 10-01
"7
ATTACHMENT #:J TO.
REPORT # PD CJ "1- 0;)..
Page 2
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3.2
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3.3
4.0
4.1
Pickering Official Plan
schedule I of the Pickering Official Plan identifies the subject lands as being located
within an "Employment - General Employment Area" designation;
this designation permits, among other uses, automotive and vehicle sales and repair,
and retail sales as a minor component of an industrial operation;
the subject site is also located within the Brock Industrial Neighbourhood and it
appears that a small portion of the subject property falls within a "Detailed Review
Area" ;
City Council may adopt development guidelines should they consider an application
to be maior development for any "Detailed Review Area", or part of an area,
identified on a neighbourhood map;
the applicant's proposal appears to conform to the applicable official plan and
neighbourhood policies as they relate to schedule I;
schedule III of the Pickering Official Plan identifies that the subject site abuts lands
that are designated both "Shoreline and Stream Corridors" and "Wetlands";
City Council shall for major development, and may for minor development, require
the submission and approval of an environmental report as part of the consideration
of a development application;
the applicant's proposal appears to conform to th~ applicable official plan policies as
they relate to schedule III.
ZoningJ!y-Iaw 2511
the subject property is currently zoned "MC-6" - Industrial/Commercial zone, by
Zoning By-Law 2511, as amended by By-Law 2234/86;
this zone permits, among other uses, a light manufacturing plant, truck centre, and a
warehouse;
an amendment to the present zoning by-law is required in order to permit the
additional uses being requested.
RESULTS OF CIRCULATION
Resident Comments
no resident comments have been received to-date.
4.2
A2encv Comments
the Durham District School Board has no objections to the proposed Zoning By-Law
Amendment (see Attachment #3); .
Veridian Connections has provided a number of comments that must be addressed by
the applicant (see Attachment #4).
4.3
Staff Comments
in reviewing the application to-date, the following matters have been identified for
further review and consideration:
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the appropriateness / compatibility of permitting the proposed use and
associated accessory retail use on the subject property;
the impact that this use may have on neighbouring properties;
site plan matters and property improvement matters to determine if the
proposed uses can be accommodated;
determining the significance of the proposal to s~e whether a "Detailed
Review" is required;
determining the significance of the proposal to see whether the preparation of
environmental reports are necessary.
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010 Infonnation Report No. 10-01
ATTACHMENT (1::5 TO
REPORT I PO {) If - 0 ')..
Page 3
5.0
PROCEDURAL INFORMATION
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written comments regarding this proposal should be directed to the Planning &
Development Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report prepared
by the Planning & Development Department for a subsequent meeting of Councilor a
Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must provide
comments to the City before Council adopts any by-law for this proposal;
if you wish to be notified of Council's decision regarding this proposal, you must
request such in writing to the City Clerk.
6.0
OTHER INFORMATION
6.1 .
Appendix No. I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the applications at the time of writing report;
6.2
Company Principal
the company principal is Mr. Charles Wiltshire.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
John Andreevski
Planning Technician
Lynda Taylor, MCIP, RPP
Manager, Current Operations
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Copy: Director, Planning & Development
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ATTACHMENT (I If TO
REPORT I PO 0 '1- ð 2.
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ExcerPts of Statutory Public Infonnation Meeting.Minutes
of
Thursday, March 22, 2001
STATUTORY PUBLIC INFORMATION MEETING MINUTES
A Statutory Public Infonnation Meeting' was held on Thursday, March 22, 2001 at
7 :00 p.m. in the Council Chambers. '
The Manager, Current Operations Division, provided an overview of the requirements of
the Planning Act and the Ontario Municipal Board respecting tIns meeting and matters
under consideration thereat.
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(V)
ZONING BY-LAW AMENDMENT APPLICATION A 33/00
802226 ONTARIO LIMITED
PART OF LOT 18, CONCESSION 1
NOW PARTS 6-8, 12, 13, PLAN 40R-10635
1048 TOY AVENUE
(EAST SIDE OF TOY AVENUE. NORTH OF QUARTZ STREET)
1.
Jolm Andreevski, Planning Technician, provided an explanation of the
application, as outlined in Infonnation Report #10-01.
2.
Chuck Kunc, representing the applicant, woùld like to add a lesser use to
pennitted uses. He further advised that V eridiansconcem with respect to hydro
has been addressed. He has spoken with Mr. Barnett ofVeridian and advised him
that this is not a new facility but a building already having hydro. .
3.
Mike Nunes, Sonic Automobile, questioned if the present zoning' allows for
mechanical work. He stated his concern with parking, questioning if overflow of
parking, will end up on his property. Car repairs have been occUITÍng at this site
for 10 years, why ask for rezoning now. '
Mr. Wiltshire, applicant, advised that repairs are being done on cars but they have
only just realized that zoning for truck repair does not include car repair. Traffic
will not be increased they just want to be in compliance.
John Andreevski, Planning Technician, stated that truck repairs are allowed, not
cars. Parking concerns will be addressed. '
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ATTACHMENT ,5 TO
REPORT' PO ð 1./ - 0 .~
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fj) SONIC AUTOMOBILE
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L 1 W 3P1 Telephone: (905) 683-8005
Fax: (905) 683-3311
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Thursday, March 29, 2001
A TT: Planning & Development Department
City of Pickering
tOOl 6 l tI\f~
031\13:>31::1
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Zoning By-law Amendment Application A33/00
802226 Ontario Limited
Part of Lot 18, Concession 1, Parts 6-8, 12, 13, Plan 40R-10635
1048 Toy Avenue (East side of Toy Avenue, north of Quartz Street)
City of Pickering
With regard to the above noted zoning by-law amendment application, we at Sonic
Automobile Enterprises Ltd. would like to comment as follows;
RE:
We find it laughable that this re-zoning application is being made at this time, given the'
fact that servicing and repairing of automobiles has been performed on the subject's
property for the past ten years, and continues today. At the present time there are at least
two car repair businesses operating on the site. It is our understanding that there was
even an illegal "chop shop" business èonducted on the site in the past. We find it very
disturbing that the present landlords have been unable or unwilling to deal with these
illegal property uses.
At the present time there are eight unlicensed vehicles being "stored" on the property's
parking lot. As a result of the parking congestion caused by these vehicles, our parking
lot has been used on occasion by tenants and visitors of the subject's property, forcing Us
to post no parking signs on our property to deal with this nonsense. One has to wonder
whether these problems would not be exacerbated by approval of the proposed zoning
by-law.
In addition to all of the above, the subject property is notoriously poorly maintained with
respect to lawn care, decorative planting and cleanliness. The current landlord has shown
little or no inclination to rectify or impròve this situation. We at Sonic are convinced,
based on past experience, that approval of this by-law amendment application will only
result in a worsening of our areas of concern as outlined above. . .
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We trust you will treat this correspondence confidentially and we urge you to be very
meticulous when reviewing the history and the conduct of the applicant making this by-law
amendment application.
Yours truly,
IEÐ'.Jj.tdllNet4.A / fM Gt(\.
John E. O'Halloran "
President .
Michael B. Nunes
Vice-President
Enclosure: Photographs