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INFORMATION REPORT NO. 15-08
FOR PUBLIC INFORMATION MEETING OF
August 18 2008
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT: City Initiated Application
Zoning By-law Arpendment Application A 14/08
1105 Kingston Road
City of Pickering
.1
1.0 BACKGROUND
- on July 14, 2008, Pickering City Council passed Resolution 153/08 related to
amending the schedules of Zoning By-law 6778/07 for the Brookdale Centre
Inc. lands (see Attachment #1);
- a property location map is provided for reference (see Attachment #2) as well as a
copy of Schedule I and II of amending Zoning By-law 6778/07 (see
Attachment #3);
- the Resolution directed staff to initiate an amendment to the by-law schedules
of amending Zoning By-law 6778/08 to reflect the original City Council
direction that the road dedication from the Brookdale Centre Inc. property be
only 10 metres;
- during deliberation on the rezoning application for Brookdale Centre Inc. at
the June 4, 2007 Planning & Development Committee meeting, three
amendments were adopted to the staff recommendation contained in Report
PD 18-07, and one of the amendments was to realign the east/west section of
the future north road so that only 10 metres was to be conveyed by Brookdale
Centre Inc.;
- the relocation of the road came about by means of a request by Brookdale
Centre Inc. at the June 4, 2007 Planning & Development Committee meeting
when they presented to Committee their requested modification to the
approval of the rezoning application and included a diagram that illustrated a
shared road configuration (see Attachment #4);
- this amendment shifted the location of the proposed future north municipal
road so that any future road dedication would be split equally (10 metres
each) between Brookdale Centre Inc. and the abutting property to the north
(Pentans Development Ltd.);
Information Report No. 15-08
Page 2
15
- the revised draft zoning by-law schedules provided by staff and adopted by
Council in By-law 6778/07 on June 18, 2007 did not reflect a sufficient
northerly shift in the future road to implement the Committee's direction that
only 10 metres of the future road be located on Brookdale Centre Inc.
property, and in fact illustrated, in error, the full road entirely on Brookdale
Centre Inc. property;
- Brookdale Centre Inc. now intends to proceed with development adjacent to
the south limit of the future northerly road and in order to do so requires that
the schedules to Zoning By-law 6778/07 be amended to accurately reflect the
original City Council direction that the road dedication from Brookdale Centre
Inc. be only 10 metres.
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional Official Plan
- designates the subject lands as Living Areas;
- areas designated as Living Areas are intended to be predominantly used for
housing purposes, and may include limited office, retail and personal service
uses;
in consideration of developmenY�,pplications in Living Areas the intent of the
Plan is to achieve a compact urban. form, including intensive residential,
office, retail and service and mixed uses along arterial roads and in
conjunction with present and potential transit facilities;
- Kingston Road where it abuts,the subject lands is designated as a Type 8
Arterial Road and as, a Regional Corridor,
- the proposal appears to conform to the Durham Regional Official Plan;
3.2 Pickering Official Plan
- the Pickering Official Plan designates the subject lands as Mixed Use Area —
Mixed Corridors;
- permissible uses within Mixed Use Area — Mixed Corridors Area include,
amongst others, a variety of uses including residential, retailing of goods and
services, offices and restaurants;
- Mixed Use Areas are intended to have the widest variety of uses and highest
level of activities in the City when compared to other designations;
- the subject lands are within the Town Centre Neighbourhood of the Official Plan;
- the Pickering Official Plan encourages the highest mix and intensity of uses
and activities in the City to be in. this neighbourhood;
- the subject lands are within a D`eiailed Review Area and the City has adopted
the Town Centre West Develop ment'Guidelines that cover the subject lands;
- Schedule II of the Pickering Official Plan - Transportation System designates
Highway 401 as a Freeway and designates Kingston Road where it abuts the
subject site as a Type 8 Arterial Road and a Transit Spine;
Information Report No. 15-08
Page 3
- Type B Arterial Roads are designed to carry moderate volumes of traffic at
moderate to high speed and have some access restrictions;
- a Transit Spine is where a higher level of transit service is to be encouraged; .
- Schedule II of the Pickering Official Plan - Transportation System designates
Dixie Road where it abuts,the subject site as Local Roads;
- Local Roads generally provide access to individual properties and carries
local traffic;
- Schedule III of the Pickering Qfficial Plan - Resource Management designates
a portion of the abutting property associated with the Pine Creek as
Shorelines and Stream Corridors;
- Shorelines and Stream Corridors identify lands that may be prone to water
impacts, such as flooding, erosion and slope instability;
- the subject application will be assessed against the policies and provisions of
the Pickering Official Plan during the further processing of the applications;
3.3 Town Centre West Development Guidelines
- the Town Centre West Development Guidelines were adopted by City of
Pickering Council on February 20, 1995;
- the Development Guidelines identifies matters such as the land use mix and
arrangement, the scale and intensity of use, the .transportation/internal roads
network, engineering matters and community design requirements;
- the Development Guidelines also indicates; building setbacks and build -to -lines,
building heights, vehicular circulation, access, and parking;
- the Development Guidelines establishes certain overall principles for the
areas development and they include a mix of use, an internal road network
pattern, connections to the existing Town Centre Neighbourhood and
adjacent neighbourhoods, a variety of housing and office building types and a
pedestrian and open space network;
- the internal road network planned for the Town Centre West Neighbourhood
is an integral component of development in this area and Council has directed
City staff to report, through the recently initiated Official Plan Review, on the
policy changes required to reflect the changes to the Town Centre West
Development Guidelines based of the approval of the Brookdale Centre Inc.
rezoning application;
3.3 Zoning By-law 3036
the subject lands are currently zoned "MU -21" — Mixed Use Zone by Zoning
By-law 3036, as amended by.By-law 6778-07;
the existing zoning permits a variety of commercial uses as well as,
residential apartments located above the first floor of a building;
an amendment to the ,toning by-law is required to implement Council's
direction respecting the road;
Information Report No. 15-08 Page 4 1 ./
4.0 RESULTS OF CIRCULATION
4.1 Public Comments
Pentans Development Limited, the property owners to the north of the
proposed road, have been in contact with the City, both directly and via their
solicitors, expressing their opposition to any proposed road that would be
partially located on their property or to any planning process that would
establish a future municipal road at this location (see Attachment #5);
4.2 Agency Comments
- no agency comments have been received to date.
5.0 DISCUSSION
as this application is consider, a corrective amendment to adjust the by-law
schedules as directed by City Council the Planning & Development
Department will conclude its position on the application after it has received
and assessed comments from the circulated departments, agencies and
public.
6.0 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 no 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 be notified of Council's decision regarding the zoning by-law
amendment application, you must request such in writing to the City Clerk;
- if a person or public body that files an appeal of a decision of the City of
Pickering in respect of the proposed zoning by-law amendment, does not
make oral submissions at the public meeting or make written submissions to
the City of Pickering before the zoning by-law is passed, the Ontario
Municipal Board may dismiss all or part of the appeal;
- if you wish to reserve the option to appeal Council's decision of the proposed
zoning by-law amendment application, you must provide comments to the
City before Council adopts any by-law for this proposal;
Information Report No. 15-08 Page 5
1�
7.0 OTHER INFORMATION
7.1 Appendix No.
- list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the application at the time of writing
the report;
7.2 Information Received
- as this application is consider a corrective amendment to adjust the by-law
schedules no technical reports have been prepared for this application;
- the need for additional information and/or technical reports will be determined
through the review and circulation of the applicant's current proposal;
0.46
(Z
Ross Pym MCIP, RO
Principal Planner - Development. Review
RP:ld
Attachments
Copy: Director, Planning & Development
h�ello_�_
Lynda Tayd r, MCIP, RJFP
Manager, Development Review
19
APPENDIX NO. I TO
INFORMATION REPORT NO. 15-08
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date
COMMENTING AGENCIES
(1) none received to date
COMMENTING CITY DEPARTMENTS
(1) none received to date
r,#- TO
2O
NOTICE OF MOTION
DATE: JULY 14, 2008 .
MOVED BY. COUNCILLOR -DICKERSON
SECONDED BY: COUNCILLOR.O'CONNELL
Amehdinp Zoning By-law 6778/07 — Brookdale Centre Inc
WHEREAS the. Planning 8, Development Committee on June 4, 2007 considered staff
reportPD 18707, being a recommendation report on the second phase of rezoning
application A 03/06 by Brookdale Centre Inc. and adopted three amendments to the
staff recommendation that resulted in changes being required to the draft zoning by71aW .
amendment and draft conditions of approval; and
WHEREAS one of the amendments .shifted the location of the proposed, future north
municipal road so'that the future road dedication would be split equally' (1O metres
each) between Brookdale Centre Inc. and the abutting property to the north`(Pentans
Develophient Ltd.); and
WHEREAS staff revised the draft amending zoning by-law to implement :the
'Committee`s amendments for Council's consideration and approval; and
WHEREAS the revised draft zoning by-law schedules provided by staff and adopted by
Councilln,By-law 67707 on June 1:8, 2007 did. not reflect sufficient northerly,shift in
the future road to implement the Committee's direction that only 10 metres of the future
road be located .on Brookdale Centre Inc. property, and in fact illustrated, in :error, the
full'road entirely on Brookdale Centre Inc. property; and
WHEREAS Brookdale Centre Inc. now intends to proceed with development adjacent to
the south limit of future northerly road and has requested that the City of Pickering
amend Zoning By-law. 6778/07 schedules to accurately reflect the original City Council
direction that the road dedication from Brookdale Centre.lnc. be only 10 metres.
ATTACHMENT/ TO
REPORT I PI) �S-0
23
j11GMNAY 401
T
SCHEDULE I TO BY-LAW , 6778/07 x
AMENDED BY BY-LAW 6809/07
PASSED THIS 15th
DAY OF October 20p7
ATTACHMENT # �aTO
REPORT 8 PD-
24.
D2a.
mm
HIGHWAY
BUILDING,., ENVELOPE
SPECIAL POLICY AREA
® BUILD TO,. ZONE
®HOME IMPROVEMENT CENTRE
BUILD TO 'ZONE
N
x
SCHEDULE II TO SY-LAW 8778/07
PASSED THIS 18th
DAYOF June 2007
ATTACHMENT# TO
REPORT # PD -�
25
Brookdale Centre Inc.
Concerns with Staff Report'& Proposed By-law
June 4, 2007
Our client is concerned staff report relative to the following matters:
1) Mandatory minimum height and second useable storey requirement
should only apply to the buildings fronting along Kingston Road and
not apply to Building B and Building C (Sketch A).
2) Our client requests that the proposed public road be located along
Highway 401, behind Home Depot and Building B (Sketch B).
3) If staff location of the road is approved by Council, we would request
that the road dedication is split equally between benefiting
landowners of 10 metres each (Sketch C).
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BRUCE WM1NN 29
BARRISTER & SOLICITOR
3 THORNCLIFFE AVENUE TORONTO ONTARIO CANADA 1414K 1V4
416.406.1957
hi�aRLD11-11 lte—IO -Con,
File To.: 104-08
March 13; 2008
By email: rpt citv.lnickerine oa:ca
The Corporation of the City of Pickering
Planning Department
One The Esplanade
Pickering, ON
LIV 6K7
Attn: Nix. Ross Pym, Principal. Planner
Dear Sir:
Re; PENTANS Developments Limited
1167-1191 Kingston Road, Pickering
Brookdale Centre Inc.
By -lair No. 6778107- Site Plan Application
I atn solicitor to Pentans Developments Limited, owner of premises known municipally as 1167-
1191 Kingston Road, Pickering. My client's buildings are fully leased, and have enjoyed a
successful and lawful use and occupation since their construction by my client in 197.9. My client
recalls specifically the (fcrmer)'rocali's encouragement for, and direction to, its proposed land
uses at this location.
It has come recently to my client's attention that Brookdale Centre Inc. recently made
application for rezoning of lands to the west of the Pentans lands, to permit various
retail/commercial uses on said lands. The initiative resulted in the City's adoption of By-law
6778/07. An executive officer of my client attended the only public information session (.lune 15,
2006) as the said by-law proceeded through the municipal approval. process. My client generally
welcomed new development in the area; it was not averse to the orderly commercial
development of local lands to the benefit of the City and Pentans. In reliance on Staff
representations, nn client: was satisfied that the proposed Brookdale rezoning generally
represented good land use planning. But under no circumstances would have my client
ATTACHMENT/ TO
30
REPORT t PI)
acquiesced to any municipal road taking or down-zoning'of its lands.
My client was therefore utterly incredulous when it was recently advised that, as part ofthe
proposed Brookdale site plan agreement, a portion of the "Future road" shown clearly on
Schedules T and II of By-law 6778107 as being located entirely on the Brookdale lands, has
apparently been unilaterally relocated in part to my client's lands. This, without any statutory
basis and without permitting my client any informed opportunity for submission thereon. And
this notwithstanding: that the relevant Official Plan provisions make no accommodation for such
initiative; that such initiative would unduly and adversely affect. the operations of my client`s
tenants; and that such would substantially constrain any redevelopment opportunity which my
client might enjoy on its lands..
Under no circumstances will my client accept the City presumption that these lands will be made
available to the City, or that the necessary lands will be "conveyed by others shoNvn hatched".
To ensure good land use planning, my clientt recommends that the City require the proposed
Building "C" on the Brockdale site plan be relocated —10 to west of its currently -shown
location. This would ensure conformity with the approved zoning by-law by locating the
proposed "Future Road" within the approved right-of-way. Otherwise, my client v+ill effect all of
its legal remedies to safeguard its operational and development rights with respect to its lands.
I will absent: from the country until March 24, 2008; my client requests a meeting with you and
the City Solicitor as soon as possible thereafter.
Yours truly,
BRUCI3 NICMfNN'
cc. Pentans Developments Limited
cc. Iiis Worship Mayor David Ryan