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HomeMy WebLinkAboutPD 34-02 2 Ciú¡ D~ REPORT TO THE PLANNING COMMITTEE Report Number: PD 34-02 Date: August 23,2002 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 40100 Pickering Holdings Inc., et al. 815 Kingston Road (Part of Lots 27 and 28, B.F.C. Range 3) (South side of Kingston Road, east of Whites Road) Recommendation: 1. That Zoning By-law Amendment A 40/00 be APPROVED subject to conditions outlined in Appendix I to Report Number PD 34-02, to: . retain vehicle sales and rental uses on the 'Boyer' parcel; . retain hotel plus accessory uses on the 'Pickering Holdings' and 'Veridian' parcels; . permit piping of the watercourse on the 'Pickering Holdings' parcel, subject to necessary approvals from the Toronto and Region ConseNation Authority; and . permit hotel plus accessory uses, vehicle sales and rental uses, and a full range of retail, restaurant and office uses on all three parcels, being Part of Lots 27 and 28, B.F.C. Range 3. Executive Summary: The applicant requests a change to the zoning by-law to increase the range of permitted commercial uses on the three parcels of land subject to this application. The current zoning allows only a vehicle dealership on the 'Boyer' parcel and a hotel and accessory uses on the 'Pickering Holdings' and 'Veridian' parcels to the east. The three properties are located on the south side of Kingston Road, east of Whites Road (see Location Map, Attachment #1). In addition, the applicant requests permission to pipe the watercourse through the Pickering Holdings property. It is recommended that the requested zoning amendment be approved, subject to conditions. The proposed mix and range of uses are permissible by the land use designation in the Official Plan, which did not change through the Review of the Northeast Quadrant Development Guidelines. Further, the broader range of permissible uses will allow expansion of an existing business, and support future redevelopment opportunities for this strategic location. Report PO 34-02 Date: August 23, 2002 3 Subject: Pickering Holdings Inc., et al (A 40/00) Page 2 By-law provisions will require new development to implement 'mainstreet' urban design objectives identified in both the Kingston Road Corridor and revised Northeast Quadrant Development Guidelines. The existing co-ordinated vehicular access scheme will remain. The proposed zoning provides sufficient flexibility to respond to future options for the watercourse whether it is to be enclosed, relocated on-site, or retained as an open channel. Financial Implications: No direct costs to the City are anticipated as a result of the proposed application. As a condition of approval, the applicant will be required to pay to the City its share ($10,643) of the study costs for the Northeast Quadrant Review. Background: 1.0 Application The requested zoning change is for three properties as shown on Attachment #1. The proposal is detailed in the chart below. Table 1 Zoning Proposal Parcel #: Owner Existing Zoning Change Zoning - Current Use Permits... to Permit... 1 : Boyer Pontiac -Vehicle sales and - Vehicle sales and rental; Enterprises Inc.; rental - Hotel with ancillary commercial club - Boyer Pontiac and retail stores; Car Dealership - Broad range of retail, office, commercial and community uses; 2: Pickering - Hotel with ancillary - Hotel with ancillary commercial club Holdings Inc.; commercial club and and retail stores; - Display of retail stores; - Vehicle sales and rental; vehicles for - Broad range of retail, office, sale commercial and community uses; - Enclosure or relocation of watercourse (if permitted); 3: Veridian; - Hotel with ancillary - Hotel with ancillary commercial club - Vacant commercial club and and retail stores; retail stores; - Vehicle sales and rental; - Broad range of retail, office, commercial and community uses; ----- Report PO 34-02 4 Date: August 23, 2002 Subject: Pickering Holdings Inc., et al (A 40100) Page 3 Comments Received 2.0 2.1 At the May 17, 2001 Public Meeting: (see text of Information Report and Meeting Minutes, Attachments #2 and #3) 2.1.1 From Residents: - noise from loud speakers at existing car dealership; - preserve watercourse; - hotel use acceptable; - no need for more strip malls; 2.2 Following the Public Meeting: 2.2.1 From Aqencies: Durham Region Planning Department: Toronto and Region Conservation Authority: - supports use of mutual access easements; - site plan condition acknowledging possible centre median on Kingston Road required; - archaeological study required (see Attachment #4); - does not support increased commercial development on lands occupied by watercourse; - watercourse enclosure or relocation requires approval under Fill Regulation and Valley and Stream Management Program (see Attachment #5); - further verbal comment that applicant to employ appropriate stormwater management practices during and after construction; and, - development to be set back 10 metres from top-of-bank; watercourse to be zoned in open space and conveyed to public ownership; Report PO 34-02 Date: August 23, 2002 5 Subject: Pickering Holdings Inc., et al (A 40100) Page 4 2.2.2 From City Departments: Supervisor, Development Control: - stormwater management reports and studies required to justify enclosure of creek; - sidewalk and boulevard improvements to be completed by the applicant with partial funding by applicant and partial funding from development charges; - development agreement needed to address off-site stormwater works (see Attachment #6). 3.0 Application was One of Four that Triaaered Northeas~ Quadrant Review but May Now Proceed as Study is Complete This application was one of the four applications that triggered the review of the 1991 Northeast Quadrant Development Guidelines. In June, 2002, Council received the Northeast Quadrant Review. Council adopted in principle revised Northeast Quadrant Development Guidelines and directed that staff hold the Statutory Public Information Meeting for the resulting official plan amendment. That meeting occurred on August 8, 2002. Copies of the Northeast Quadrant Review Report to Council PO 23-02 and Addendum to Report to Council PO 23-02 are available for viewing at the Planning & Development Department. The application has been reviewed based on both existing and proposed official plan policy and existing and proposed development guidelines. Comments received during the Review of the Northeast Quadrant Development Guidelines were also considered in evaluating this rezoning. 4.0 Discussion 4.1 Increased Mix of Allowable Commercial and Community Uses, including Vehicle Sales, is Appropriate on the Lands, Subject to Conditions The commercial and community uses requested by the applicant are compatible with surrounding land uses and implement the Mixed Use Areas - Mixed Corridor land use designation. Permitting an increased range of uses will allow expansion of an existing local business and future development of uses seNing a broad area at a higher scale and intensity. Restrictions on some uses are recommended in the zoning by-law. As no retail market impact study was submitted, a limit of 2,500 square metres is to be imposed on the permitted gross leasable floor space for retailing of goods and services on each of parcel 1, and parcels 2 and 3 combined. In the future, if greater amounts of retail space can be justified in a retail impact study, additional floor space for retail uses may be considered by a zoning change. 6 Report PO 34-02 Date: August 23, 2002 Subject: Pickering Holdings Inc., et al (A 40100) Page 5 In order to discourage a restaurant campus, restaurant uses are to be restricted to a maximum of 33 per cent of the gross floor area of the development. Office uses on these lands are to be restricted to a floor space index of 1,5 (the ratio between the office floor area and the lot area). This floor space index would permit development similar in scale to the office buildings on the south-east corner of Liverpool Road and Pickering Parkway. 4.2 'Mainstreet' Urban Design Objectives to be met through Provisions in Zoning By-law and Future Site Plan Requirements A number of design objectives from the Official Plan and Development Guidelines are to be implemented through a future site plan approval process. However, key objectives are also supported with zoning provisions. They include the following: . to achieve two-storey building heights, the by-law is to establish a minimum building height of 6.5 metres; . to achieve buildings located close to the street, the by-law is to identify a "build-to-zone"; . to enhance the streetscape, the by-law is to include a prohibition that no more than 1 row of vehicles is to be parked or displayed for sale or rent between the buildings and Kingston Road for any new legal use on the Pickering Holdings lands (current legal display of cars on Boyer Pontiac lands to be permitted to continue); . to achieve greater intensity and mixing of uses, the by-law is to specify that development must contain functional floor space on or above 2nd storeys of buildings, except for existing or future vehicle dealerships; all other uses must provide 33 per cent of gross floor area in functional floor space above the first floor). 4.3 Existing Co-ordinated Access will remain although Region may install Centre Median along Kingston Road An exchange of easements will be required for the existing shared access between the Boyer and Pickering Holdings properties (parcels 1 and 2). The Region has advised that they will be requesting that an 'advisory' be registered on title at the time of site plan approval indicating that the Region may implement access restrictions (i.e. construct a centre median along Kingston Road). Should the median be constructed, left turns in and out of the joint access will be prevented. Although staff encouraged a further exchange of easements across the Boyer lands to the signalized intersection opposite Delta Boulevard, the applicant does not support such an easement at this time. Since both the Boyer and Pickering Holdings properties are under the control of the same individual, staff are satisfied that a legal easement is not required. Report PO 34-02 Date: August 23, 2002 7 Subject: Pickering Holdings Inc., et al (A 40100) Page 6 4.4 Proposed Zoning is able to Respond to Future Options for the Watercourse (whether Enclosure, Relocation or Retaining Current Open Corridor) Despite Council's support for piping the watercourse through the Northeast Quadrant Review, a final decision on the issue is not yet available. Thus, in a manner similar to the proposed Northeast Quadrant official plan amendment, the proposed zoning for the Pickering Holdings land will recognize all options for the watercourse. The options include enclosure, relocation or retention as an open stream corridor. The watercourse and the adjacent Veridian lands (parcel 3) are to be dual zoned for open space uses and for commercial and community uses, with an (H) - holding symbol on the commercial and community uses. Conditions for lifting the (H) are to include: the owner has obtained required approvals and permits from the Conservation Authority; and, the owner has made satisfactory arrangements with the City respecting stormwater management for the lands. The TRCA requires the watercourse to be retained in an open state until such time as its enclosure or relocation can be justified and all necessary permits and approvals are secured. The City requires appropriate stormwater management practices for the lands including any required contributions to a permanent downstream stormwater management facility, should one be established. 5.0 Applicant Required to Pay Proportionate Share of Northeast Quadrant Review Study Costs as Per Council Resolution Council authorized a City expenditure of $25,000 towards the costs of hiring environmental, transportation and urban design consultants to assist with the Review of the Northeast Quadrant Development Guidelines. Private landowners / applicants were required to share the remaining costs. This applicant was advised of this arrangement and participated in the study process. The conditions of approval include payment of a share of these costs ($10,643) prior to passage of an implementing zoning amendment by Council. 6.0 Applicant's Comments The applicant's agent has reviewed the conditions of approval and advises that he has no objections to the recommendations. 8 1. 2. 3. 4. 5. 6. Report PO 34-02 Date: August 23, 2002 Subject: Pickering Holdings Inc., et al (A 40/00) Page 7 Appendix: Recommended Conditions of Approval for Zoning By-law Amendment Application A 40100 Attachments: Location Map Text of Information Report 15-01 Statutory Public Information Meeting Minutes Comment from Region of Durham Planning Department Comment from Toronto and Region Conservation Authority Comment from Supervisor, Development Control Prepared By: Approved I Endorsed By: .~ke )jøv-,r Steve Gaunt, MCIP, RPP Planner" Prepared By: Copy: Chief Administrative Officer Recommended for the consid ration of Pickering City COU~ Thomas ~ef dministrative Officer 1.0 2.0 APPENDIX I TO REPORT NUMBER PD 34-02 9 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 40/00 That prior to the forwarding of a zoning by-law to Council: (a) the owner / applicant shall pay to the City of Pickering its proportionate share of the Northeast Quadrant Review study costs; the owner I applicant shall enter into and have registered on title to the lands a Development Agreement between the owner I applicant and the City addressing such matters as, but not limited to, the following: (b) (i) agree to convey reciprocal easements for access purposes between the owner of parcel 1 (Boyer) and parcels 2 and 3 (Pickering Holdings and Veridian respectively) for the existing access to Kingston Road located between parcels 1 and 2; (ii) agree to convey easements over the watercourse, whether or not it remains as an open watercourse, is relocated or its piped, to the City and I or the Toronto and Region Conservation Authority as may be required for stormwater management within 90 days of receiving such a request from either the City of Pickering and I or the TRCA; (iii) agree to satisfy the Director, Planning & Development and the Toronto and Region Conservation Authority respecting stormwater management practices for the subject lands; (iv) agree to construct, partially at the owner's cost and partially funded by the City, a sidewalk and other improvements across the Kingston Road boulevard of parcel 3 of the subject lands within 12 months of a building permit being is issued for either parcel 2 or parcel 3; (v) agree to undertake an archaeological study prior to construction on either parcels 2 or 3. That the zoning by-law comply with the provisions of the revised Northeast Quadrant Development Guidelines adopted by Council at its meeting held June 17, 2002, and for the subject lands, include, but not necessarily be limited to the following provisions: (a) permit the following uses on all parts of the subject lands except those lands occupied by the tributary of Amberlea Creek: (i) vehicle sales and rental establishment, hotel and commercial club; 10 Appendix I to Report Number PD 34-02 Page 2 (d) (e) (ii) bakery, business office, club, commercial club, commercial recreational establishment, day nursery, dry cleaning depot, financial institution, personal service shop, place of assembly, private school, professional office; retailing of goods and services (exclusive of restaurants) not to exceed an aggregate of 2,500 square metres of gross leasable floor area for each of parcel 1 and parcels 2 and 3 combined; restaurants not to exceed 33 per cent of the gross floor area of the development on each of parcels 1 and parcels 2 and 3 combined; (iii) (iv) (b) zone the Veridian lands (parcel 3) and lands occupied by the watercourse including any lands located within 10 metres of the greater of the stable top of the bank or the regional storm floodline as open space; also zone the lands to permit the same uses listed in (a) above, subject to a Holding provision; (c) prior to forwarding a Report to Council for approval of a zoning amendment to lift the (H) - holding symbol, the following conditions must be satisfied; (i) that the Director, Planning & Development receive satisfactory evidence that all required approvals and permits have been obtained for the piping or relocation of the creek; and that the Director, Planning & Development receive satisfactory evidence that appropriate arrangements have been made with respect to stormwater management for the lands; (ii) restrict the maximum aggregate gross floor area of all offices to 1.5 floor space index (ratio of floor area to the lot area) for each of parcels 1 and parcels 2 and 3 combined; require a minimum of 40 per cent of the length of a build-to-zone to be occupied by front walls of buildings on each of parcel 1 and parcels 2 and 3 combined and the build-to-zone shall be: (i) set back 3.0 metres from the Kingston Road right-of-way across the frontage of parcels 1 and 3 of the subject lands and setback 3.0 metres from the location of the necessary buffer zone of the tributary of Amberlea Creek across parcel 2 of the subject lands; should the buffer no longer be necessary, the setback shall be measured from the Kingston Road right-of-way for parcel 2; 15 metres in depth; (ii) Appendix I to Report Number PO 34-02 Page 3 11 (h) (i) U) (f) exempt the existing buildings and structures, and minor additions thereto, on parcel 1 (the existing Boyer dealership), from the provision of (e) above; (g) require a minimum of 33 per cent of the gross floor area of all buildings constructed on each of parcel 1 or parcels 2 and 3 combined to provide functional floor area above the ground floor, except for vehicle sales and rental establishments; require a minimum building height of 6.5 metres, and establish a maximum building height of 8 storeys; prohibit outdoor storage and display, except in association with a vehicle sales and rental establishment; establish parking requirements as follows: . 3 spaces per 100 square metres of gross leasable area for vehicle sales or rental establishment; . 4.5 spaces per 100 square metres of gross leasable area for other permitted uses; . parking spaces not to be used for display, and any display is to be set back 3 metres from lot lines; . no more than one row of parking or display of vehicles shall be permitted between buildings and Kingston Road except existing legal display and parking shall be deemed to conform to this provision. 12 City of Pickering ATTACHMENT' , TO REPORT I PD~ - 0 '1- PICKERING HOLDINGS INC. l' VERIDIAN CORPORATION DATE MAR 29, 2001 ATTACHMENT #~ TO REPORT I PO ~ 13 INFORMATION REPORT NO. 15.:.01 FOR PUBLIC INFORMATION MEETING OF . MAY 17, 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 A 40/00 Pickering Holdings Inc., et al, Part Lots 27 & 28, B F Range 3 (South side of Kingston Road, east of Whites Road) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands .are 3.3 hectares in area, and are located on the south side of Kingston Road, east of Whites Road; the subject lands comprise three parcels orIand (see map, Attachment #1): . parcell is a2.19-hectare property owned by Michael Boyer Enterprises; it is occupied hy the Boyer Pontiaè Buick dealership; . parcel 2 is a 1.03-hectare property owned by Pickering Holdings Inc.; it is being used by Boyer Pontiac to display automobiles for sale; a tributary of Amberlea Creek crosses the north:-east comer of the parcel; . . parcel 3 is a p.08~hectare property owned by the Veridian Corporation; it is cUlTently vacant; uses sUlToundingthe subject lands are: the Highway 401 on/off ramps to the east; Highway 401 to the south; the Whites Road Shopping Centre to the west; and, on the north side of Kingston Road, the Wendy's / Tim Horton's and Swiss Chalet restaurants at Delta Boulevard with detached dwellings to the east; - the màin vehicular access to the subject lands is provided by a signalized intersection on Kingston Road at a private driveway aligning with Delta Boulevard (on the north side of Kingston Road); a second access to Kingston Road is located about mid-way between the signalized intersections at Delta Boulevard and the Highway 401 on/off ramps; . . 2.0 APPLICANT'S PROPOSAL - Pickering Holdings Inc., et al. propose to expand the uses pennitted .on the subject lands to add vehicle sales and rental uses as an additional use on parcel 2; and pemùt an increased range of other commercial uses on all the lands in accordance with the Pickering Official Plan; - no changes are proposed tothe existing access points; - the application is also proposing the enclosure ofllie watercourse, 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Re!!Ïonal Official Plan - the subject lands are designated Special Study Area.A in the Durham Regional Official Plan; lands in the Special Study Area contain a mixture of residential, retail, personal service and industrial uses; the area's highway exposure as a main street and gateway to the Region is to be maximized; development.is to be intensified in a inÎormaiÍon Repon No. 15-01 ATTACHMENT#~TO REPORT # PO' -, '?- Page 2 14 manner that will not adversely affect similar development within the Main Central Areas (that is, the Downtown Core) of Pickering; the improvement of the visual impact from Highway 401 and Highway 2 shall- be a major consideration in the development of this area; - Kingston Road is designated as a Type B Arterial Road and as a Transit Spine; Pickerine- Official Plan 3.2 - the subject lands are designated Mixed Use Areas: Mixed Corridor on Schedule I - Land Use Structure in the Pickering Official Plan; the lands are located in the Woodlands Neighbourhood; - the Mixed Corridor designation permits residentiå1 uses, retail, office, restaurant, cominunity, cultural and recreational uses at a scale and intensity serving a broad area; this designation also permits special purpose commercial uses (such.as' car dealerships); . - within this designation, the maximum gross leasable floor space for the retailing of goods and services is to be detèm1ined by site-specific zoning with a permitted maximum floor space index (pSI) of up to and including 2.5 FSI (pSI is calculated by dividing the total building floor space by the total lot area); in establishing performance standards, restrictions and provisions for Mixed Use Areas, Council shall have particular regard to encouraging development in an integrated manner for a wide variety of uses and pmposes, and encouraging. intensification, over time, up to the maximum floor space index; section 15.14 of the Official Plan addresses the need for retail impact studies for new or expanded gross leasable floor space for the retailing of goods and services; Council shall for the development of 2,500 square metres or more, and may for the development of less than 2,500 square metres, require a retail impact study to justify the impact of the proposed floor'space for the rètailing of goods and services, and to demonstrate that such additional floor space will not unduly affect the viability of any lands designated or developed for the retailing of goods and services; - the proposal to permit vehicle sales and rental establishment, hotel, commercial club, retail, office, restaurant, financial institution and similar uses would conform to the permissible uses of the Mixed Corridor designation; . - Map 16 of the Pickering Plan identifies the subject lands as lying within a Detailed . Review Area; section 11.2 of the Official Plan indicates that Council may adopt development guidelines for any part of a Detailed, Review Area; Council shall endeavour to complete a detailed review prior to approving major development within the area; Council has adopted the Kingston Road Co"idor Urban Design Development Guidelines, which affect the subject lands; once Council has adopted development guidelines, development shall comply with them; . section 10.5 of the Pickering Official Plan identifies that Council shall promote the retention of watercourses and stream corridors in an open and natural state and require, where appropriate, the recommendations of an Environmental Report to be implemented; - however, section 10.6 of the Pickering Plan states that Council shall consider alterations or enclosures of limited portions of watercourses within existing, urbanized areas if supported by an approved subwatershed plan or environmental master servicing plan; in addition, section 10.19 of the Official Plan states that Council may permit alterations to watercourses or stream corridors, including the placement of fill, only following the appropriate approvals of the relevant conservation authority and the Ministry of Natural Resources, ifnecessary; further, Schedule III - Resource Management of the Official Plan designates the valley of the creek tributary as Shoreline and Stream Corridors; among other matters, this designation may permit new development in accordance with the land use designation on Schedule 1, (which as noted above is Mixed Corridor), subject to the recommendations of an Environmental Report; \. Information Report No. 15-01 Page 3 ATTACHMENT ,'"'1-' TO REPORT # po......:z:t 0 r:k 15 sections 15.9, 15.11 and Appendix IT indicate that Council shall for major development, and may for DÙnor development, require the submission of an Environmental Report, as part of the consideration of an application on lands designated Shoreline and Stream Comdor; . Schedule IT - Transportation Network designates Kingston Road as a Type B Arterial, and a Transit Spine; Type B Arterials are designed to carry moderate volumes of traffic at moderate speeds, within the municipality; they generally have a right~of~way width between 30 to 36 metres; 3.3 Compendium Document to the Pickering Official Plan Council adopted the Kingston Road Corridor Urban Design Development Guidelines to formulate a vision for. transfonning Kingston Road into a mainstreet; under the Guidelines, the subject lands fall within the Whites Road Comdorprecinct, which extends from Rosebank Road to the CN rail overpass; . the Guidelines recognize the Whites' Road Comdor as an area as having good' visibility from Highway 401, with highway access at Whites Road; further, the Guidelines acknowledge that this precinct will generally maintain its auto-oriented focus and land uses, but will provide pedestrian amenity zones and links at significant intersections; . the Guidelines ideì1tiry a number of objectiveS, urban form, and economic development provisions, for this. precinct, including: . . a mixofland uses should be allowed on either side òfKingston Road; . automobile 'dependant uses may be encouraged to locate in this precinct since it offers good visibility from Highway 401; . buildings should be located closer to the street; . mid-rise buildings should be allowed on the south side of Kingston Road, with a minimum building height of 2 storeys; . it is an objective to create a comdor that supports a high volume of vehicular traffic but with pedestrian amenity zones; . . it is an objective to create a clear seParation between pedestrian activities and vehicular spaces; and . clear, safe and welcoDÙng pedestrian routes shall be provided from intersections to individual commercial developments; . 3.4 Zonin!!: Bv-Iaw 3036 the subject lands are zoned by Zonìng By-law 3036, as amended by By-law 2284/86 and By-law 3254/89; the By-law establishes' two different zone categories for the lands, as follows: . parcell is zoned as "ÇA3-3", which pennits a vehicle sales or rental establishment; and . parcels 2 and 3 are zoned as "SC-8", which permits a hotel that may include a commercial club and retail store, with a restriction on the maximum floor area for retail stores of 500 square metres; the application is to pennit, on all three parcels, all of the uses currently permitted by both the "CA3-3" and "SC-8" zone categories, in addition to a broader mixture of commercial uses as permissible under the Mixed Comdor designation; the applicant is proposing additional uses such as business and professional office, restaurant, financial institution, day nursery, personal service shop and other similar commercial . and community uses. 4.0 RESULTS OF CIRCULATION (see Attachments #2 & 3) 4.1 Resident or Landowner Comments to date, no comments have been received from either residents or abutting landowners; Information Report No. 15-01 ,~ 16 ATTACHMENT' ~ TO REPORT I PO ~ Q.- Page 4 4.2 A2encv Comments Durham District School Board - has no objections to the proposal (see Attachment #2). Veridian Corporation agrees to the inclusion of its property in the rezoning application, and to the change in the zoning to the proposed mixed use; , Veridian also indicates that once the property is rezoned, Veridian would be prepared to undertake discussion with Pickering Holdings Inc. to determine the best use of the property (see Attachment #3); 4.3 Staff Comments 4.3.1 Permitted Uses the suitability of the proposed range of uses requested to be included in the zoning for the lands must be examined; , the appropriáte performance standards, restrictions, and provisions for the requested uses must be established; , the requirement for a market study to support the floor space for the retailing of goods and services must be determined; , 4.3.2 Urban Design the appropriate performance standards, restrictions, and provisions required to implement the Kingston Road Corridor Development Guidelines must be reviewed and established; , consideration must be given to whether additional Development Guidelines are required to guide development of the site; 4.3.3 Amberlea Creek and Stormwater Management the appropriateness of piping the, tributary of Amberlea Creek must be reviewed; it is noted that the tributary is piped all upstream of Sheppard Avenue, and portions of the tributary are piped downstream under 'Highway 401, and the' CN Rail; some downstream reaches o~the Creek are experiencing stream and valley erosion; the location of the remnant reaches of the open channel on the subject lands, and on the lands to the north, frustrates the land use and urban design objectives contemplated for these lands; accordingly, there appears to be some merit in considering piping of these remnant pieces ôfthewatercourse; , however, an appropriate Environmental Report is required to support the request; the report must examine the impacts to the tributary both upstream and downstream, and justify the benefit of piping' the creek; ftom an enviromnental perspective, it is anticipated that any justification would be required to demonstrate how the implementation plan would result in a net benefit to the watershed; to-date, no report has been submitted by the applicant; ultimatc~ly, any application to pipe the creek would be required to receive appropriate approvals and permits, for fill and alteration to a watercourse, ITom the Toronto and Region Conservation Authority, and the Federal Department of Fisheries, and possibly the Ministry of Natural Resources where required; howeve~, there is also an interest by the owners of lands located to the ;north of the subject lands, between Kingston Road and Sheppard Avenue, to pipe the tributary of Amberlea Creek through their larids; accordingly, there is an opportunity for all landowners to undertake a single study, the City is one of these landowners; h1fonnation Report No. 15-01 ATTACHMENT I IJ-- TO REPORT I PO r~ fj- O~ Page 5 17 in addition, the City is cUlTently undertaking a review of the downsJream reach of Amberlea ,Creek which is experiencing the erosion problems; work associated with this mitigation / restoration project appears to duplicate much of the effort required for the piping justification; a collaborative effort between the City and the other affected landowners would appear to be the most strategic approach to completing the required report; further discussion is required on how an appropriate Environmental Report is best completed; opportunities for collaboration are cUlTently being explored through a proposed review of the lands lying immediately north of the Boyer / Pickering Holdings / Veridian lands; regardless of whether the tributary is ultimately piped, the specific contObution of the Pickering Holdings lands for stormwater management purposes (which may include flow detention and/or quality Jreatment), will also have to be reviewed through this application; 4.3.4 Relationship with "Northeast Quadranf' Lands lands to the north of the subject properties are refen-ed to in 'City planning documents as the "Northeast Quadrant"; the Northeast Quadrant is the block of land bounded generally on the south by Kingston Road, on the west by Whites Road, on the north by Sheppard Avenue, and on the east by the main branch of the Amberlea Creek (east of the Dunbarton School site); as noted above, the same small tributary of AmberleaCreek that passes through the central portion the Northeast Quadrant flows under Kingston Road and continues through the Pickering Holdings property; . Council has adopted the Northeast Quadrant Development Guidelines, for these lands; in addition, two parcels on the west side of Whites Road, south of Dunfair SJreet, are also governed by the same Guidelines; the Northeast Quadrant Guidelines contemplate a high intensity mixed-use development, with substantial underground parking; the vision is centred around an internal residential area fronting on a public 'ring' road with an interior linear park; in addition, commercial and office uses, with office and office-support uses, are permitted along the Kingston Road and Whites Road frontages respectively; the City has received several development applications for lands within the Northeast Quadrant, requesting revisions to the Guidelines; these changes relate to the arrangement of uses, design. matters, provision of the park, provision of the internal ring road, and access to the external road network; in addition, the City is aware of other development interest for lands in the Quadrant; furthennore, several owners of land, through which the tributary of Amberlea Creek flows, are interested in piping the creek; although the City has had some successes in implementing the vision set out in the Guidelines, there are some on-going challenges; these challenges include the interest in primarily commercial development adjacent to Kingston Road, the cost of and lack of interest in underground parking, the difficùlty in implementing the internal public road, and the location of the tributary through the block; in an effort to be more proactive in working with development interests, the City is considering a review of the Northeast Quadrant Development Guidelines; although the process, tasks and funding are still under discussion, preliminary work done to date suggests that the review would look at: . . revisions to the arrangement of land uses, while maintaining key urban design objectives and having regard to the cominunity context; . the internal access network through the block, and external access to and from the sUlTounding streets; and . the potential for piping the Amberlea Creek tributary. Infornlation Report No. 15-01 TO Page 6 18 - based on a preliminary study design, it is anticipated that staff would work closely with landowners on finding common ground between ilieir interests and the City's; . but, it is suggested at this time. that a' new approach, usÍIí:g a consultant. who is a facilitator with urban design expertise, or an urban designer with expertise in facilitation, may best accomplish this task in.a timely manner; additional consulting help would also be required in two technical areas not currently available on staff; consultants would be required to complete a traffic/access analysis, and the environmental/engineering report for the piping of the tributary; the consultants' work would provide input into, and support, any revisions to the Northeast Quadrant Development Guidelines; based on a preliminary study design, it is also anticipated that staff would work closely with the community to understand issues and concerns so that neighbourhood development continues to achieve an appropriate fit; the representative for the Boyer/Pickering HoldingsNeridian lands has indicated at a preliminary level that his client is interested in having the subject lands included in the review of the Northeast Quadrant Development Guidelines, particularly with respect to the environmental report on the piping of the tributary, and traffic/access matters; should a review of Northeast Qwldrant Development Guidelines proceed, recommendations on this zoning by-law amendment application would await the outcome of that process; . 5.0 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared . by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; If you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any official plan amendment of 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 I those whose comments on the proposal were received at time of writing are listed; 6.2 ComíJanv Principals Mr. Michael Boyer is the principal of both Michael Boyer Enterprises and Pickering Holdings Inc., Mr. Alex Artuchov is representing Mr. Boyer. -/ø;;::~~ - Steve Gaunt, MCIP, RPP Planner 2 ~ it- Catherine L. Rose' Manager, Policy SG/jf Copy: Director, Planning & Development --\1 r ,~;.,! ï i, HE; ,,:¡;> :1 :JI}, ,,'2~I-D'h,. 19 APPENDIX I TO INFORMATION REPORT NO. 15-01 COMMENTING RESIDENTS AND LANDOWNERS (1) None received to date (1) (2) The Durham District School Board Vendian Corporation (1) Planning & Development COMMENTING AGENCIES, COMMENTING CITY DEPARTMENTS ,.0 ' , G ATTACHMENT' 3 TO REPORT # PD~ ,- 01- Excerpts of Statutory Public Information Meeting Minutes of Thursday, May 17, 2001 STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, May 17, 2001 at 7:00 p.m. in the Council Chambers. The Manager, Policy'Division, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration thereat. (II) ZONING BY-LAW AMENDMENT APPLICATION A 40/00 PICKERING HOLDINGS INC., ET AL. PART OF/LOTS 27 & 28, BF RANGE 3 (SOUTH SIDE OF KINGSTON ROAD, ~ WHI.I.ES ROAD) 1. Steve Gaunt, Planner IT, prövided an explanation of the application, as outlined in Information Report #15-01. 2. Alex Artuchov, representing the applicant, advised that he was present to answer any questions. 3. Sylvia Spencer, 771 Sheppard Ave., questioned when the loud speakers will be removed and stated her concern with the watercourse. 4. Paul White, 507 Cliffview Rd., advised that he has no objection to part of the uses, ego hotel, but there is no need for more plazas or strip malls. Pickering has become very congested and innovative development should be planned for the gateway to Pickering. 5. Alex Artuchov, representing the applicant, advised that the watercourse is subject to a number of agency approvals and that Pickering .has asked for uses to be intensified. He further stated that an attempt is being made to create an interesting and varied streetscape along Kingston Road. The.Regional Municipality of Durham Planning Department ~;r~GH~ENTI*O TO ..âuRTI. PO_-~~.'h:.... RECEIVED, ,l\lJG 0 " 20,°2 . 1 , , , al--Y OF PICKERING i ." ¡ PLANNiNG AND Nt n DEVELOPMENT DEPA M ~-~ July 31,2002 Steve Gaunt, Planner II Planning & Development Department One the Esplanade . , Pickering, Ontario L 1V 6K7 Dear Mr. Gaunt: 1615 DUNDAs ST. E 4TH FLOOR, LANG TOWER Re: WEST BUILDING P.o. BOX 623 WHITBY, ON L1N 6A,3 '(905) 728-7731 ' FAX: (905) 436-6612 www.region.durtiam,on.ca . A.L.Georgieff, MCIP, RPP Commissioner of Planning "SERVICE EXCELLENCE foro"r COMMUNITY" Zoning Amendment ApplicationA40/00 Applicant: Pickering Holdings Inc.et al. Location: . Lots 27 &28, Range 3 B.F.C. Municipality: City of Pickering, , . We have reviewed this application arid the following comments .are off?red with respectto compliance with the DurhamRegional Official Plan, the proposed. method of servicing and delegated provincial plan review responsibilities. The purpose of the application is to expand the uses permitted on the subject lands ¡norder to add vehiële sales and' rental uses on the easterly portion of the - subject site and to increase the range of other commercial uses on the entire site. In addition, the applicant is also proposing the enclosure of.the . waterëourse that flows through the eastern portion of the subject property. The subject property is dasignated"Special Study Area A" in the Durham Regional Official Plan. This area presently contains' a mixtUre of residential, . retail, personal service and industrial uses. The policy of this Plan is to . maximize the area's highway exposure as a mainstreet and gateway to the Region. Development shall bè intensified ,in a manner that will not adversely affect similar development within the Main Central Areas of Pickering. The improvement of its visual impact from Highway 401 and Highway2 shall be a . major consideration in the development of the area. 'The proposed amendmènt appears to be in conformity with the Durham Regional Official Plan. . Municipal Water Supply and Sanitary Sewer Service , , Municipal water supply and sanitary sewer services are available to the subject property from the existing 200mm watermain and 200 mm sanitary sewer on Kingston Road. .', Transportation. The subject lands abut Kingston Road and the Highway 401 westbound ramp terminal at Whites Road. Access conditions for the lands were addressed. through the "Kingston Road - Whites Road Northeast Quadrant Transporta.tiQn œ 100% Post Consumer ATTACHMENT~. -- --- TO . .. .. ,--?- REPORT. 1/ PO ... ._~- 22 Page 2 Study" completed by ISH Associates in May, 2002. The Study indicated that' the existing driveway to the Pickering Holdings Inc. lands and the Veridian Corporation lands may be restricted to right':in/right-out in the future through the introduction'of à raised centre-median island. The timing of the median construction would depend on development plans to the north side of Kingston Road ~nd the need for restricted access from a traffic and safety perspective; The Study also recommended that a driveway connection between the Michael Boyer Enterprises lands and the Pickering Holdings Inc. and Veridian ' ; Corporation lands be established thrôugh future developmentplans. This would maintain full movement access for the Pickering Hoidir1Qs Inç: and , VeridianCorporàtion lands via a connection to the traffic signal at Delta Boulevard in the event that the existing entranceway is restricted to right- ,in/right-out. . . ., - ' The Region supports the City of Pickering's intention to secure a reciprocal easement agreement as a condition of approval for this application to permit the driveway connection to occur, as' it i~ the mos~ reasonable approach for , ensuring future access objectives are achieved. The applicant should' be . advised that the Region will request the registration of an advisory of future access restrictions on. title at the time of site plan 'application., The Region Will. also confirm the' Reed for any road wideningsand estimate the. cost of any' required road improvements at the site plan stage.; , , ' This application has been screened in accordance with the terms of the provincial plan review responsibilities. The Amberlea Creek traverses the subject lands. This creek should be sufficiently: protected from any adverse impacts of developmênt on the subject site. These lands have also been identified as having a high archaeological potential.. An archaéological assessment should .be completed., No further provincial interests appear to be - affected, by this proposal. ." . , ' If you have any questions or tequ.ire additi()nal information" please call me: Yours truly, , Y5EL Ray Davies, Planner Current Operations Branch cc. Greg Gummer, Region of Durham Works Department R:\traini n glrdlzoni nglpi eke'; ng\a40 - 00 ,doc ATTACHMENT #- 5---' TO '. ~. ~TJJD ?7 - () iiNi~¡ç~...- 0. nser.vat,ulI TORONTO AND REGION CEIVED MAY 2 8 2001 CITY OF PICKERING Dev PLANNING AND ElOPMENTDEPA~ENT 23 ~~~~~~O~~ CITY OF PICKERING prcK¡;RING, ONTARIO May 22, 2001 City of Pickering Planning Department Pickering Civic Centre One The Esplanade Pickering, Ontario L1V 6K7 Attention: Catherine Rose Dear Ms. Rose: Re: Zoning By-law Amendment Application A40/00 . Part of Lots 27 and 28, B F Range 3 South Side of Kingston Road, East of Whites Road City of Pickering (Pickering Holdings Inc. et al) We acknowledge receipt of the above-noted application and offer the following comments. A review shows plans to rezone the property in order to expand the works permitted on the subject lands and to permit an increased range of other commercial works on the entire site. A small tributary of flows through the subject property. The applicant is also proposing the enclosure of the watercourse. Staff cannot support the rezoning by-law amendment as proposed. The Authority's Valley and Stream Corridor Management Program provides the protection and enhancement of watercourses in their natural state. In accordance with the Ontario Regulation 158 a permit would be required prior to any alterations to the watercourse. Stream corridors are formed by natural processes which continue to influence their landforms, features and functions today. They are dynamic systems. These corridors convey, and provide storage of, storm and melt waters. They are important areas for groundwater recharge and discharge. They perform several. ecological functions which include nutrient and sediment transport; provision of fish and wildlife habitat and migration routes; air quality improvement; noise lavel attenuation; moderation of microclimates; and the maintenance of a genetic pool for native flora and fauna. They are important biological and physical linkages which both contain and link many of the provincially, regionally and locally designated significant natural areas. Valley and stream corridors are valued landscape units providing diversity and contributing to environmental quality and the provision of open space. . . ./2 ~, ;~~ 5 5horeham Drive, Downsview, Ontario M3 N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca ----- ---- 24 ATTACHMENT tJ "." '5 . _TO "rc',","" ,'I Po ~i-j - A'J- '1l:;,,\,,¡-<,'h, ".~,_.~-_._- Ms. Catherine Rose - 2- May 22, 2001 While we recognize that this particular watercourse has been altered upstream of Sheppard Avenue, open portions continue to playa vital role in preserving the Frenchman's Bay watershed. In light of the above, we reiterate that we cannot support piping of the watercourse feature on the subject lands. We would be pleased to discuss the benefits of relocation of the watercourse in an open natural state. If you have any questions, please contact the undersigned. Yours truly, ~ Plans Analyst Development Services Section Ext. 5306 RWlap ArT ACHMENT # -ìj~,-,~_JO QEPORT # prJ..__,,-_:i::..o.b_-- ~) r:. . .) PLANNING & D EVELO PMENT D EP AR TMENT MEMORANDUM May 29,2001 To: From: Subject: Steve Gaunt Planner II Robert Starr Supervisor, Development Control Zoning By-law Amendment Application A 40100 Pickering Holdings Inc., et al Part of Lots 27 and 28, Range 3, B.F.C. (South side of Kingston Road, east of Whites Road) City of Pickering .//- We have reviewed the above-noted application and provide the following comments: I) 2) 3) 4) A stormwater management report and supporting studies are required to determine the possibility and I or feasibility of enclosing the stormwater channel. The results of which will better determine the useable area of the proposed rezoning. Sidewalk and boulevard improvements along Kingston Road should be completed to the east limit of the rezoning application. Partial recovering is provided by development charges. The applicant will be required to provide easements to the City for all existing or proposed stormwater management purposes. Any proposed off-site works and I or works involving relocating or enclosing the stormwater channel will need to be addressed in a development agreement with the G~ . . ~ Robert Starr RS/pr mgmtlrstaIT'memoslApplicCommet1ts A40-00.doc Copy: Development Approvals Co-ordinator --