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HomeMy WebLinkAboutPLN 06-16 Report to Planning & Development Committee PICKERING Report Number: PLN 06-16 Date: May 9, 2016 From: Thomas Melymuk Director, City Development Subject: Zoning By-law Amendment Application A 13/15 Steele Valley Development Limited Part of Blocks A and B, Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184 (1300 Kingston Road) Recommendation: 1. That Zoning By-law Amendment Application A 13/15, submitted by Steele Valley Development Limited, to permit a "Food Store" use on lands being Part of Blocks A and B, Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184, be approved, and that the draft Zoning By-law Amendment as set out in Appendix Ito Report PLN 06-16 be forwarded to Council for enactment. Executive Summary: The subject lands are located at the northeast corner of Kingston Road and Liverpool Road (see Location Map, Attachment#1). Steele Valley Development Limited (Steele Valley) has submitted a rezoning application to add a food store use and a commercial fitness centre to the list of permitted uses. At the Public Information meeting, a number of concerns were identified by the residents from the abutting condominium development to the north with respect to the additional commercial uses. In response to the various issues identified by the residents, the applicant has removed the commercial fitness centre use and is only seeking a food store use. The existing garbage bins along the north property line have been removed. Recyclable materials generated from a food store use will be located internally, and the food store building will be retrofitted to allow for a chute to an enclosed air-tight container. An acoustical wall will be constructed prior to the occupancy of a food store use to mitigate any noise generated from the refrigeration units on delivery trucks. The applicant has also confirmed that the existing shared private watermain has sufficient capacity and pressure to accommodate the water demands for the additional use without impacting the level of service currently provided to the existing condominium development to the north. The request to permit a food store use complies with policies of the Official Plan. The additional use will broaden the options for the applicant to re-use a vacant building. Staff recommends that Zoning By-law Amendment Application A 13/15 be approved, as outlined in Appendix Ito Report PLN 06-16, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. Report PLN 06-16 May 9, 2016 Subject: Steele Valley Developments Limited (A 13/15) Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description The subject property is a commercial site located at the northeast corner of Kingston Road and Liverpool Road (see Location Map, Attachment#1). Steele Valley occupies the westerly portion of the commercial plaza, known as The Hub Plaza. Although the plaza appears continuous, Steele Valley does not own the easterly portion of the plaza (1340 and 1360 Kingston Road). The property is approximately 1.8 hectares in size and contains two buildings. Surrounding land uses include: medium density residential consisting of townhouse condominium developments to the north and to the east across Glenanna Road; the Pickering Town Centre to the south across Kingston Road; and commercial buildings to the west across Liverpool Road. 1.2 Applicant's Proposal The applicant originally requested to add a food store use and a commercial fitness centre to the list of permitted uses on the subject property. Following the Public Information Meeting, the applicant amended their proposal to remove the request to add a commercial fitness centre and only add a food store use (see Submitted Site Plan, Attachment #2). The request to add a food store use is to increase the marketability of the site and to re-use a vacant building, previously occupied by Home Outfitters. At this time, no exterior changes to the buildings, additions or site changes are being proposed. Should this change, a Site Plan Application will be required. 2. Comments Received 2.1 Public comments from the October 5, 2015 Public Information Meeting and written submissions At the Public Information Meeting, four residents from the adjacent condominium development to the north attended the meeting expressing a number of concerns with respect to the additional uses. Specifically, the concerns identified are as follows: • other food store uses already exist in the immediate area • permitting a food store use would increase food waste and littering, thereby attracting rodents and other vermin • the requested commercial fitness centre and food store use would add additional demand on the shared private water watermain • increase noise generated from delivery trucks • the additional uses will increase public trespassing on residential properties Report PLN 06-16 May 9, 2016 Subject: Steele Valley Developments Limited (A 13/15) Page 3 2.2 City Departments & Agency Comments Region of Durham • the Regional Official Plan designates the subject property as a "Regional Centre" and recognizes downtown Pickering (the City Centre) as an Urban Growth Centre • the proposal to re-use an existing retail unit within a retail plaza and expand the list of permitted commercial uses conforms to the policies and provisions of the Durham Regional Official Plan • the Region has reviewed the Traffic and Parking Brief, prepared by GHD Limited, dated August 2015, and are satisfied that permitting a food store use does not present any significant regional transportation impacts Engineering & Public • no objections to the proposed zoning by-law Works Department amendment application 3. Planning Analysis 3.1 The proposal to add a food store use conforms to the policies of the Pickering Official Plan Some residents questioned the need for another food store use given that there are other food stores in the immediate area. The subject property is designated as "Mixed Use Areas — City Centre", within the City's Official Plan, which provides for a broad range of uses including, but not limited to, commercial and retail uses, offices, restaurants and high density residential uses. The requested additional use conforms to the policies of the Official Plan. A food store use will complement the existing permitted uses on the subject lands and provide an additional commercial use to the service the community. 3.2 Existing waste containers to be relocated away from the residential condominium development to the north • Residents from the abutting condominium development to the north expressed concerns with the location of the existing garbage bins, and that permitting a food store use on the subject lands would increase food waste and littering. Presently, there are two waste containers along the north property line adjacent to the residential condominium development to the north. The applicant has indicated that the existing commercial waste is collected twice a week, and each commercial tenant is responsible for establishing and executing waste collection contracts with haulers, and ground litter is collected daily. Report PLN 06-16 May 9, 2016 Subject: Steele Valley Developments Limited (A 13/15) Page 4 To address concerns raised by the residents, the applicant is proposing following changes: • remove the existing waste containers along the north property line • install a waste compactor on the west side of Building A (proposed food store building) • all recyclable materials will be stored indoors • Building A (food store building) will be retrofitted to allow for an internal chute to an enclosed air-tight food waste/organics container The proposed changes will significantly improve the existing garbage issues and minimize any impacts on the abutting residents to the north. Furthermore, the applicant has advised that the existing garbage bins along the north property line have been removed. 3.3 A noise attenuation barrier is proposed to mitigate noise from delivery trucks To support the proposed food store use, the applicant submitted a Stationary Noise Impact Study to address concerns with respect to noise generated by refrigerated delivery vehicles and new rooftop HVAC mechanical units. The submitted study identified refrigeration units of delivery trucks parked at the loading area as a source of noise. The study recommended the installation of a 6.0 metre high barrier wall extending not less than 22 metres from the existing loading bay wall in order to reduce the noise impact from parked refrigerated delivery trucks. To ensure the noise attenuation wall is constructed prior to a food store use occupying the vacant commercial building (Building B), staff are recommending that an "(H)" Holding Symbol will be placed on the subject lands. The "(H)" Holding Symbol will be removed by City Council once the applicant has obtained site plan approval to construct a noise barrier along the existing loading area. 3.4 The existing shared private watermain has sufficient capacity and pressure to accommodate the water demands for the proposed food store use Residents from the condominium development to the north also expressed concern that the proposed uses would add additional demand on the shared private water watermain. The subject lands are serviced by a shared private watermain. The existing private water service currently provides potable and fire protection water services to two commercial properties (1300 and 1340 Kingston Road), and a residential condominium development (1331 Glenanna Road). The shared watermain easement agreement for service/maintenance/repairs is a private agreement between lands owners, and not the Region or the City. Report PLN 06-16 May 9, 2016 Subject: Steele Valley Developments Limited (A 13/15) Page 5 To address this concern, the applicant has submitted a Water Supply Opinion Letter, prepared by professional engineer. The consultant reviewed the current domestic water demand, compared the proposed new consumption of a food store use, and provided a professional opinion as to the watermains capability to accommodate the proposed change of use. The consultant concluded that the increase in domestic demand to the water service from a grocery store will not significantly impact the level of service currently provided by the existing watermain. The consultant also noted that the owners of the private water service are actively finalizing the terms of a cost sharing agreement, which will include the maintenance and replacement, if necessary, of the private water service. Engineering & Public Works staff have reviewed this letter and concur with the recommendations. 3.5 Sufficient parking supply is available on-site to support the additional uses Parking for the subject property is provided at a rate of 5 parking spaces per 100 square metres of gross leasable floor area (GLA). Based on this parking ratio, a total of 238 spaces are required to be provided on the property, whereas the approved site plan, dated March 29, 2001, provides for a total of 246 spaces. The applicant submitted a Traffic and Parking Brief, prepared by GHD Limited, dated August 2015, in support of the rezoning application. A parking assessment was completed for the entire Hub Plaza, given that the parking area is shared by the landowners. Based on a survey of the existing on-site parking supply, a total of 550 spaces are currently available to serve the parking requirements for the entire plaza. The consultant also indicated that the inclusion of a food store as a permitted use to replace the building occupied by Home Outfitters can be accommodated by the existing road network without any impact. City staff have reviewed this study and are satisfied that the addition of a food store use and a commercial fitness centre will not impact the functionality of the Hub Plaza. 3.6 Staff support the proposal and recommend that a zoning by-law be finalized and forwarded to Council for enactment The applicant's request to permit a food store, complies with policies of the Pickering Official Plan, and will complement the existing uses permitted on the subject lands. Staff supports the application and recommends that the site specific amending by-law as set out in Appendix I, be approved and forwarded to Council for enactment. Report PLN 06-16 May 9, 2016 Subject: Steele Valley Developments Limited (A 13/15) Page 6 3.7 Applicant's Comments The applicant has been advised of the recommendations of this report. Appendix Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 13/15 Attachments 1. Location Map 2. Concept Site Plan Prepared By: Approved/Endorsed By: a - g e• Lalita Paray, MCIP, RPP Catherine Rose, MCI RPP ,Planner I Chief Planner Nilesh Surti, MCIP, RPP Thomas Melym k, MCIP, RP Manager, Development Review & Director, City Development Urban Design LP:NS:Id Recommended for the consideration of Pickering City Council opeweea Art;-1 2Z� Zot(0 Tony Prevedel, P.Eng. Chief Administrative Officer Appendix Ito Report PLN 06-16 Draft Zoning By-law a _ . The Corporation of the Ci, ei °ie erng • By-la , a r931 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Blocks A and B, Plan M-998, and { Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184 (A 13/15) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Blocks A and B, Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184, in the City of Pickering to add a food store use to the list of permitted uses on the subject lands; And whereas an amendment to By-law 3036, as amended by By-law 1612/83, By-law 3476/90, By-law 5219/98, and By-law 5746/00, 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 in Part of Blocks A and B, Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184, in the City of Pickering. 2. Schedules I and II Schedules I and II to By-law 1612/83, as amended by By-law 3476/90, By-law 5219/98 and By-law 5746/00, is hereby further amended by replacing the zone designation with "(H) C9", as shown Schedules I and II attached hereto. 3. Text Amendment 1. Section 4. Definitions, of By-law 3036, as amended by By-law 1612/83, By-law 3476/90, By-law 5219/98, is hereby amended by renumbering and re-alphabetizing this subsection in order to incorporate the new definition as follows: (7) "Food Store" shall mean a building or part of a building in which food, produce and other items or merchandise of day-to-day household necessity are stored, offered or kept for retail sale to the public. 2. Section 5. (1) Uses Permitted ("C9") of By-law 3036, as amended by By-law 1612/83, By-law 3476/90, By-law 5219/98, is hereby amended by re-alphabetizing this subsection in order to incorporate an additional permitted use: (f) food store By-law No. XXXX Page 2 3. By-law 3036, as amended by By-law 1612/83, is hereby amended by renumbering By-law 1612/83 in order to incorporate the following new I section: T s, 6. Provisions ("(H) C9") (1) Uses Permitted ("(H) C9") Until such time as the g "(H)" Holding Provision is lifted, the lands shown on Schedules I and II to this by-law shall not be used for a food store. (2) Zoning Requirements ("(H) C9") The "(H)" Holding Symbol shall not be removed from the "C9" zone until the Owner has entered into and registered a Site Plan Agreement to construct an acoustical barrier along the existing g 9 loading area to the satisfaction of the City of Pickering. 4. By-law 3036 By-law 3036, as amended by By-law 1612/83, By-law 3476/90, By-law 5219/98, and By-law 5746/00, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law, Schedule I and II. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 5. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXX, 2016. • ;a David Ryan, Mayor '; 9 3 Debbie Shields, City Clerk PARTS 9 TO 12, 40R-2526 �P AND PARTS 1 AND 5, 40R-7595 • I w 0 0 tY (H)C9 BOUNDARY OF LANDS SHOWN AS PARTS 1-16, INCLUSIVE, 40R-7347 O I- �, O i Z i Y Ol R O'�O SCHEDULE L TO BY-LAW _ 1 612 83 AMENDED BY-LAW t_ _ 6 46/00 • AMENDED -Frye _ PASSED THI DAY OF 2016 MAYOR 90* CLERK �'E QO �O PARTS 9 TO 12, 40R-2526 �P AND PARTS 1 AND 5, 40R-7595 CD 122.5" `q7 14.0" I E 1 .2". 0 s s (H)C9 • 0 BOUNDARY OF LANDS tag SHOWN AS PARTS 1-16, INCLUSIVE, 40R-7347 0 hl Z FRpooC ■ a.0" -kW %'0 3.0" ti . — — BUILDING SETBACK itON ® BUILDING ENVELOPE 15.0" ital ; BUILD—TO—ZONE I\ 1 SCHEDULE II TO BY-LAW, x:12 83 AMENDED BY-LAW 00 AMENDED BY- I;. PASSED THIS DAY OF 2016 MAYOR `. • CLERK ii ATTACHMENT# / TO REPORT # �LN 06-/b ° -w- - X1111111111 w J ° GLENGROVE m— GLENGROVE PUBLIC N ° SCHOOL ' C a — �z m -gyp v z �� PARK ROAD — \\ 1/ F� u_ ', IIIII J -11/14-- ------ Q ° BRANDS COURT o— z w ', zff J Lai ROAD / GLENANNA ME Il/, o C—`'2_, 1■1__ = o 4 — w� ■ W LI- p0 E ITI=� >° — SUBJECT • — •ROPERTY .•-••Si:%• Q •i�i�i�i�i�i�i�i`. ■. .__ ..� ••i•i�• w�� O�� ���������•''' °�� 1i•••;•.;•�i�i,A. SON c E z AI`` X7 v C/V/C ■ w' ENTRA C �- y9� I /A ,op ° 0 c, ., z 0 0 ( , J 0 0 n LU > Location Map City°¢ _ s FILE No: A 13/15 IT IV !'=. APPLICANT: Steele Valley Developments Limited W RIII,i 4 4I 0C PROPERTY DESCRIPTION:Part of Blocks A and B, Plan M-998, and City Development Department Part of Lot 22,Concession 1,Parts 1 to 5,12,18 to 23,40R-8184(1300 Kingston Road) DATE: Apr. 15, 2016 0 oats so„rgee: SCALE 1:10,000 PN-8 2013 t AC and It Inc. l and . suIght e. All riphte t o plan Not a plan of survey. 2013 MPAC and Re •upplier. 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