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HomeMy WebLinkAboutPLN 35-22Report to Planning & Development Committee Report Number: PLN 35-22 Date: September 6, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street Recommendation: 1. That Zoning By-law Amendment Application A 07/21, submitted by KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc., to expand the list of permitted uses on the lands municipally known as 1695 Bayly Street, be approved, subject to the recommended zoning provisions contained in Appendix I to Report PLN 35-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. Executive Summary: The subject property is located at the southwest corner of Brock Road and Bayly Street, within the Brock Industrial Neighbourhood (see Location Map, Attachment #1). The applicants initially requested to amend the existing site-specific zoning by-law to permit an automobile sales showroom and office; automobile service repair garage; and various commercial uses, including a bakery and commercial club. However, City and Regional staff were concerned that the introduction of the commercial-related uses would not be compatible with the proposed primary use of the property for an automobile sales showroom and automobile service repair garage. As such, the applicants have revised their proposal to permit the following uses only: automobile sales showroom and office; automobile service repair garage; office-associated commercial establishment; and printing shop. The applicants are proposing a single-storey, “L”-shaped, 913 square metre, multi-tenant building fronting the intersection of Brock Road and Bayly Street. Proposed uses include 2 automobile sales offices and 4 service garages (see Submitted Site Plan, Elevation Plan and Coloured Rendering, Attachments #3, #4 and #5). As part of the revised proposal, the applicants enhanced the massing of the building by increasing the height of the building at the Brock Road and Bayly Street intersection. Staff support the revised proposal as it conforms to the policies within the Durham Regional Official Plan and Pickering Official Plan, which encourage employment uses. Accordingly, staff recommends that Zoning By-law Amendment Application A 07/21 be approved. September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 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 located at the southwest corner of Brock Road and Bayly Street, within the Brock Industrial Neighbourhood (see Location Map, Attachment #1). The property has an area of approximately 0.6 of a hectare, with approximately 75 metres of frontage along Brock Road and 45 metres of frontage along Bayly Street. The property is currently vacant. The site was used until 2018 as a Petro-Canada service station and car wash facility. The current site-specific zoning for the property (By-law 5858/01) was enacted in 2001, and limits the permitted uses on the site to an automobile service station only. The surrounding land uses are as follows (see Air Photo Map, Attachment #2): North: Across Bayly Street are single-storey multi-tenant buildings with a range of industrial and limited commercial uses. South: Immediately to the south is a retail bike shop and an automobile repair shop. East: Across Brock Road are single-storey multi-tenant buildings with a range of industrial and limited commercial uses. West: Immediately to the west is a KIA automobile dealership, and further west is a recently constructed plaza with a range of industrial, limited commercial, and personal service uses. 2.Applicants’ Proposal The applicants initially requested an amendment to the existing site-specific zoning to permit the following uses: automobile sales showroom and office; automobile service repair garage; bakery; club; commercial club; commercial-recreational establishment; office-associated commercial establishment; and printing shop. Both the City and Regional staff identified a concern that the introduction of commercial uses (being bakery, club, commercial club and commercial-recreational establishment uses) would erode the primary employment uses for the subject site. Staff also questioned the compatibility of the commercial uses with the proposed primary use of the property for an automobile sales showroom and automobile service repair garage. As such, the applicants have revised their proposal to permit the following uses only: automobile sales showroom and office; automobile service repair garage; office-associated commercial establishment; and printing shop. September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 3 The applicants are proposing a single-storey, “L”-shaped, 913 square metre multi-tenant building fronting the intersection of Brock Road and Bayly Street. Proposed uses include 2 automobile sales offices and 4 service garages (see Submitted Site Plan, Elevation Plan and Coloured Rendering, Attachments #3, #4 and #5). The remainder of the proposed uses is intended for opportunities for future tenancy. As part of the revised proposal, the applicants have enhanced the massing of the building by increasing the building height, and providing additional articulation and materials to further improve the architectural design of the building. To support the development, a total of 105 parking spaces are to be provided internal to the site, of which 30 spaces are intended for visitors and staff, and 75 parking spaces are intended as display spaces for the auto sales component. The proposal will be subject to site plan approval. 3.Comments Received 3.1 November 1, 2021, Electronic Statutory Public Meeting An electronic Statutory Public Meeting was held on November 1, 2021, where the owner of the adjacent KIA automobile dealership to the west spoke at the meeting. The following is a list of key comments and concerns expressed by the individual at the meeting: •concerned that the proposed uses will not maintain a level of prestige that is desired by the community; and •concerned that a proposed used car dealership will become an eyesore and have negative impacts on the surrounding streetscape. Key questions/comments raised by members of the Planning & Development Committee at the public meeting related to proposed automobile uses on the site; the long-term development of the site; the impact of the development on the streetscape; and outdoor storage on the site. Section 4.4 of this report provides a comprehensive list of comments/questions raised by Committee members and detailed responses to these questions. 3.2 Agency Comments 3.2.1 Region of Durham •no concerns with the revised zoning by-law amendment as it is consistent with the Provincial Policy Statement, and conforms with the Regional Official Plan; and •due to the proximity to the Brock Road and Bayly Street intersection, the Brock Road access will only permit right-in and right-out movements, and the Bayly Street entrance will only permit right-in access. September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 4 3.3 City Department Comments 3.3.1 Engineering Services •no concerns with the approval of the zoning by-law amendment; and •requested revisions to the submitted technical plans, including the Functional Servicing and Storm Water Management Report, Site Plan, Site Grading Plan, Site Servicing Plan, and Landscape Plan will be addressed through the site plan approval stage. 3.3.2 Sustainability •the proposed development achieves a total of 32 points, which exceeds the minimum Level 1 points required by the City’s Sustainable Development Guidelines; •the applicants propose the following optional sustainability measures to achieve the Level 1 of the City’s Sustainable Development Guidelines: •providing 50 percent of plantings as native and drought tolerant species, as well as safe and effective use of pesticides; •redevelopment of a brownfield site to a more intensive use; •proximity to transit, with an existing Durham Regional Transit stop and shelter located on-site; •permeable paving to assist with stormwater management; and •developing a 3-stream waste management plan. •staff will be requesting further details from the proponent to confirm how the proposed sustainability measures have been, or will be met, through the site plan review process. 4.Planning Analysis 4.1 The revised proposal conforms to the Durham Regional Official Plan The Durham Regional Official Plan (DROP) designates the subject lands as “Employment Areas” in the Urban System, with a “Regional Corridor” overlay along Bayly Street. The Employment Areas designation permits a range of employment uses such as service industries, office buildings and business parks. The DROP states that the Region shall protect Employment Areas from consumption by personal service and retail uses. The revised proposal to permit employment uses on the site conforms to the applicable policies within the Durham Regional Official Plan. 4.2 The revised proposal conforms to the Pickering Official Plan The Pickering Official Plan designates the subject property as “Employment Areas – Mixed Employment”. This designation permits a range of employment uses, including automotive and vehicle sales and repair; light manufacturing; assembly and processing of goods; light service industries; offices; corporate office business parks; limited personal service uses; restaurants; hotels; financial institutions; community, cultural and recreational uses; and limited retailing of goods and services serving the area. September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 5 The revised proposed employment uses for the site are permitted within the Mixed Employment designation. The proposal conforms to the Pickering Official Plan. 4.3 The City’s Urban Design Control Architect has conducted a review of the proposed building During the statutory public meeting, Committee members expressed concerns about the proposed building design given its prominence at the Brock Road and Bayly Street intersection. The Pickering Official Plan states that the highest performance standards for site operation and appearance are required in Mixed Employment areas. The subject lands are located at the gateway intersection of Brock Road and Bayly Street. The site is highly visible to the public and therefore requires development to be of high-quality design. The Official Plan requires new development to maintain appropriate massing, proper site configuration, and a high level of architectural and landscape design features to address adjacent public roads. As part of the revised proposal, the applicants have increased the height of the building at the Brock Road and Bayly Street intersection from approximately 7.0 metres to 8.3 metres, to create further prominence at the corner. In addition, landscaping is proposed along all perimeters of the property to enhance the street frontage and shield views of the surface parking. A landscape feature is also proposed at the intersection corner, which includes seating areas and plantings (trees and shrubs). In addition, the revised architectural drawings were peer-reviewed by the City’s Urban Design Review Consultant. Overall, the City’s Urban Design Review Consultant is satisfied with the layout of the site plan, and finds the building to be well designed. The building utilizes large amounts of fenestration, variation and interest in the roof line, provides a variety of cladding materials (steel panel cladding and stone cladding), and well-defined entrances. Further enhancements to the building could be explored to improve the architecture, such as providing more vision glazing along the front façade of the building. The Urban Design Review Consultant will continue to be consulted throughout the site plan review process. 4.4 Response to key questions/comments raised by Committee members during the statutory public meeting Below is a summary of key questions/matters raised by Committee members during the statutory public meeting, and the applicants’ or staff's responses. Questions from Committee Members Applicants’ or Staff’s Response Committee members questioned if the applicants would be pursuing auto body uses on the subject lands. The applicants have advised that there will be no auto body uses on site. The proposed site-specific zoning by-law specifically prohibits any auto body-related uses. September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 6 Questions from Committee Members Applicants’ or Staff’s Response Committee members questioned if the applicants will be selling innovative cars on-site, such as hybrid vehicles. The applicants have indicated that the tenants will decide which cars will be sold on-site. An electric vehicle charging station is proposed on-site. Committee members questioned if the sale and/or repair of strider vans is proposed as part of this development. The applicants have indicated that the ceiling and garage bays within the building are designed to be taller than normal to accommodate the sale and repair of strider vans. Committee members questioned the request for a bakery use and the intent of the overall long-term development of the subject lands. The applicants have removed the request for a bakery use. The intended long-term development of the subject lands is for a used car sales outlet and automobile service repair garage while permitting the office-associated commercial establishment and printing shop uses to provide flexibility for future tenants. Committee members expressed concerns about the impact the development may have on the streetscape, as the site is a key location in the City. As noted in Section 4.3 of this report, the design of the building has been peer-reviewed by the City's Urban Design Review Consultant. The Consultant is generally satisfied with the layout of the site plan and finds the building to be well designed. Through the site plan review process, staff will continue to engage the Urban Design Consultant to further explore opportunities to enhance the architectural design of the building. Committee members questioned if outdoor storage would be permitted on site, specifically the storage of non-operative vehicles or vehicles under repair. The implementing zoning by-law will prohibit outdoor storage. Committee members questioned if the applicants are requesting a truck rental zone. The applicants have indicated that a truck rental use has not been requested through this application and is not being considered at this time. 4.5 Development Services matters will be further addressed through a Site Plan Approval Application If Council approves this rezoning application, the applicants will be required to submit a Site Plan Review application. The City will have the opportunity to provide comments and conditions of approval to address development/technical matters such as, but not limited to: PLN 35-22 September 6, 2022 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 7 •on-site grading and drainage; •functional servicing and stormwater management; •street tree planting and tree compensation; •construction management/erosion and sediment control; and •payment of cash-in-lieu of parkland dedication. 5.Zoning By-law to be finalized and forwarded to Council for enactment The applicants are requesting to rezone the subject lands from a “CA(F)” zone to an employment zone category to facilitate the proposed development. Staff support the rezoning application and recommends that a site-specific amending by-law be finalized and brought before Council for enactment. 6.Applicants’ Comments The applicants have been advised of and concur with the recommendations of this report. Appendix: Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 07/21 Attachments: 1.Location Map 2.Air Photo Map 3.Submitted Site Plan 4.Submitted Elevation Plan 5.Submitted Coloured Rendering PLN 35-22 September 6, 2022 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 8 Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 35-22 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 07/21 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 07/21 That the implementing zoning by-law expand the list of permitted uses on the subject lands, and include additional zoning standards in accordance with the following provisions: 1. Definitions Definition Automobile Sales Showroom and Office Shall mean a building or part of a building where new or used vehicles are displayed and/or offered for sale, rent or lease including the outside storage and display of vehicles. Automobile Service Repair Garage Shall mean an establishment for the servicing or repairing of automobiles, but shall not include a body shop. Body Shop Shall mean an establishment in which motor vehicle bodies are repaired and/or painted. Office-associated Commercial Establishment Shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, or an office furniture store. Printing Shop Shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting. 2. Permitted Uses (i) Automobile Sales Showroom and Office (ii) Automobile Service Repair Garage (iii) Office-associated Commercial Establishment (iv) Printing Shop 3. Prohibited Uses (i) A body shop is not a permitted use. 4. Zone Regulations Provision “CA5” Zone Lot Frontage (minimum) 45.0 metres Lot Area (minimum) 0.5 of a hectare Building Location and Setbacks (i) Buildings and structures shall be located entirely within the building envelope as illustrated on the attached Schedule II. (ii) No building or portion of a building or structure shall be erected within the building envelop, unless a minimum of 80 percent of the entire length of the build-to-zone is occupied by a continuous wall. Gross Floor Area (minimum) 900 square metres Landscaped Open Space (minimum) 20 percent 5. Parking Requirements Parking shall be provided and maintained on the lot as follows: Permitted Use Minimum Requirement Automobile Sales Showroom and Office 3.0 parking spaces per 100 square metres of gross leasable floor area Automobile Service Repair Garage 4.0 parking spaces per repair bay All other permitted uses 5.5 parking spaces per 100 square metres of gross leasable floor area 6. Outdoor Storage (a) No outdoor storage or display of inoperative vehicles or equipment are permitted. (b) Despite the provision above, the display of automobiles in association with an automobile sales showroom use shall be permitted in any interior side and rear yard. 7. Special Provisions (a) All garbage facilities shall be contained within a fully enclosed structure attached or integrated into the building. (b) By-law 5858/01 is hereby repealed, which currently permits an automobile service station – type “F” on the subject property. Bayly Street B r o c k R o a d Dillingham Road Clerk Mayor Schedule I to By-LawPassed ThisDay of i N XXXX/22XXrd XXXX 2022 CA5 45.7m 92 . 3 m 50 . 3 m 68.6m 21. 5 m 2 7 . 8 m Bayly Street B r o c k R o a d N 2.0m Clerk Mayor Schedule II to By-LawPassed ThisDay of XXXX/22 XXXXXX 2022 2.0m 2.0m 2.0m 2.0m 2.0m 25.0m 50 . 0 m 15. 7 m 5. 0 m 5.0m Build-to-Zone Building Envelope Attachment #1 to Report PLN 35-22 Bayly Street B roc k R o a d To y A v e n u e Sa l k R o a d Orangebrook Court Plummer S t re e t Di l l i n g h a m R o a d Don BeerArena City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 07/21 Date: Sep. 28, 2021 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc.1695 Bayly Street SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 07-21 - KMSD Mankaryous Holdings Inc\A07_21_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Attachment #2 to Report PLN 35-22 Bayly Street B roc k R o a d To y A v e n u e Sa l k R o a d Orangebrook Court Plummer S t re e t Di l l i n g h a m R o a d Air Photo MapFile:Applicant:Municipal Address: A07/21 Date: Sep. 29, 2021 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc.1695 Bayly Street SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 07-21 - KMSD Mankaryous Holdings Inc\A07_21_AirPhoto.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Attachment #3 to Report PLN 35-22 Submitted Site Plan City Development Department June 2, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc.Applicant: Municipal Address: DATE: File No: 1695 Bayly Street L:\Planning\01-MapFiles\A\2021 N Attachment #4 to Report PLN 35-22 L:\Planning\01-MapFiles\A\2021 June 2, 2022DATE: Applicant: Municipal Address: File No: Submitted Elevation Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 07/21 1695 Bayly Street KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Attachment #5 to Report PLN 35-22 L:\Planning\01-MapFiles\A\2021 June 2, 2022DATE: Applicant: Municipal Address: File No: Submitted Coloured Rendering FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 07/21 1695 Bayly Street KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc.