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HomeMy WebLinkAboutPD 11-03 Ciú/ a~ REPORT TO PLANNING COMMITTEE Report Number: PD 11-03 Date: February 28, 2003 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 15/02 Metstar Holdings Ltd. 1211 Kingston Road City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 15/02, be APPROVED, to permit personal service shop and off-track betting teletheatre as additional uses, submitted by Metstar Holdings Ltd., for 1211 Kingston Road, being Part of Lot 24, Concession 1, City of Pickering. 2. That the amending zoning by-law to implement zoning By-law Amendment Application A15/02, set out in Appendix No. I to Report Number PO 11-03 be forwarded to City Council for enactment. Executive Summary: The applicant is proposing to amend the Zoning By-law to permit a personal service shop and an off-track betting teletheatre as additional uses on the subject property (see Location Map - Attachment #1). The proposed uses conform to the City of Pickering Official Plan and the Durham Region Official Plan. The subject property is suitable for the proposed uses. It is recommended that Zoning By-law Amendment Application A 15/02, to permit the proposed additional uses, be approved. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Report PO 11-03 Subject: MetStar Holdings Ltd. (A 15/02(R)) Date: February 28, 2003 Page 2 Background: 1.0 Comments Received 1.1 At the January 16, 2003 Information Meeting No one appeared before Committee in opposition to the application. Heinz Mertins (agent for the applicant) appeared before Committee to answer any questions (see text of Information Report and Meeting Minutes, Attachments #2 and #3). 1.2 Following the Information Meeting: No written comments were received from the public. 1.3 Agency Circulation Agency comments received to date indicate no objections to approval of the application (see Attachment #4). 1.4 City Department Comments Pickering Fire Service requests that the existing buildings meet Ontario Building and Fire Codes. 2.0 Discussion: 2.1 Background of proposed uses Personal service shop uses (Extreme Tattoo, Classique Nail Salon) have existed on the subject property for some time, without the necessary approvals from the City of Pickering. Classique Nail Salon applied for a permit in 1995, but was advised by City Staff that the use was not permitted. After a complaint was received in early 2002 regarding Extreme Tattoo, Municipal Law Enforcement informed the property owner that a personal service shop use was not permitted under the current zoning. An application to amend the Zoning By-law to permit the use was submitted in July, 2002. Off-track betting teletheatres are licensed by the Ontario Racing Commission (ORC), to owners and operators of racing tracks in Ontario. We understand that an off-track betting teletheatre has operated at the subject property (separately and as accessory to a restaurant), for approximately nine (9) years without necessary approvals from the City of Pickering. An off-track betting teletheatre was first established in June, 1994, as part of 'Mud hen's Tap & Grill', in Building 'A' (see Attachment #5). It was then relocated in April, 1996, as a separate establishment called 'Wire to Wire', in Building 'B'. The off-track betting teletheatre moved back to 'Mud hen's Tap & Grill', in January, 2002. Each teletheatre operated under different ownership. Report PO 11-03 Subject: MetStar Holdings Ltd. (A 15/02(R)) Date: February 28, 2003 Page 3 In December, 2002, the owner of the proposed 'Dead Heat' off-track betting teletheatre applied for a building permit and requested inspections for a new teletheatre in Building 'B'. At that time, City staff advised the applicant that the use was not permitted under the Zoning By-law, and should be included in the rezoning application. 2.2 The proposed uses conform to the Pickering Official Plan The subject property is designated "Mixed Use Area" in the Pickering Official Plan. The "Mixed Use Area" designation permits the proposed uses to be considered for approval. The subject property is located within the "Town Centre Neighbourhood". Lands within the "Town Centre Neighbourhood" are intended to be for the highest mix and intensity of uses and activities. Approval of the application to amend the Zoning By-law would implement the Pickering Official Plan designation. The Durham Region Planning Department advises that the proposed uses appear to be in conformity with the Durham Region Official Plan. 2.3 The subject property is suitable for the proposed uses and is compatible with surrounding land uses The proposed uses of personal service shop and off-track betting teletheatre have existed on the subject property for several years. During that time, only one complaint was received regarding the personal service shop, which prompted the application to amend the Zoning By-law to permit the use. The proposed uses are compatible with surrounding land uses. Parking can be appropriately accommodated on-site. 2.4 Proposed By-law will update definitions and add uses Should the application to amend the Zoning By-law be approved, the implementing by-law should include definitions for each of the proposed additional uses, and include provisions which recognize the relief provided by previous minor variance decisions, and limit the aggregate of the gross floor area for all off-track betting teletheatres. Off-track betting teletheatres are licensed under Provincial legislation. Places of amusement or entertainment are licensed under a City of Pickering By-law. A teletheatre use does not meet the definition of a place of amusement or entertainment. Therefore, a new and separate definition for a teletheatre should be included in the implementing by-law. The standard definition for personal service shop should also be included. Four minor variances have been granted for the subject property. The relief granted through the previous minor variance decisions include: (i) reduction of minimum required rear yard depth to 0.91 metres; (ij) reduction of minimum required front yard depth to 4.0 metres; (iii) reduction of minimum required parking to 162 spaces; and (iv) permission for outdoor storage of 3 rental vehicles. Report PD 11-03 Subject: MetStar Holdings Ltd. (A 15/02(R)) Date: February 28, 2003 Page 4 It is recommended that the attached draft By-law be passed to implement approval of the application (see Appendix No. I), incorporate previously approved variances, and update zoning definitions. 3.0 Applicant's Comments: The applicant is aware of the recommendations of this Report. APPENDIX: Appendix I: Draft Implementing By-law Attachments: 1. 2. 3. 4. 5. Location Map Site Plan compiled from Applicant's Submitted Plan Information Report, Statutory Public Meeting, June 19, 2002 Minutes from Statutory Public Meeting, June 19, 2002 Comments from Durham Region Planning Department Prepared By: Approved / Endorsed By: EB/L T:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ,~ .. APPENDIX I TO REPORT NUMBER 11-03 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 15/02 APPENDIX I TO REPORT NUMBER 11-03 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 15/02 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER T Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Lots 23 and 24, Concession 1, in the City of Pickering. (A 15/02) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit certain restricted light industrial uses, certain special purpose commercial uses and certain retail uses, in Part of Lots 23 and 24, Concession 1, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. 2. 3. 4. SCHEDULES I, II, and III Schedules I, II, and III attached to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 23 and 24 Concession 1, in the City of Pickering, designated "SPCI-1" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1 ) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Bodv Shop" shall mean an establishment in which motor vehicle bodies are repaired and / or painted; (3) "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; (4) "Business .Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; - 2 - (5) "Commercial Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools and other similar indoor recreation facilities are provided and operated for gain or profit, and which may include an arena or stadium but shall not include a place of amusement or entertainment, as defined herein, or games arcade, as defined herein; (6) "Financial Institution" shpll mean a building or part of a building in which money is deposited, kept, lent or exchanged; (7) "Floor Area" shall mean the aggregate of the floor areas of all storeys above grade, but shall exclude the floor area of any parts of the elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; (8) "Food Preparation Plant" shall mean a building or part of a building in which process food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; (9) "Frozen Food Shop" shall mean a building or part of a building which is used primarily for the purpose of the distribution, preparation or sale of prepared or processed foods; (10) "Furniture and Major Appliance Sales" shall mean an establishment in which furniture, major appliances or both of them are stored, offered and kept for wholesale or retail sale; (11 ) "Games Arcade" shall mean any building, room, or area in which facilities are offered for the play of (a) three or more games of chance, (b) three or more games of mixed chance and skill, (c) a combination of three or more games of chance and games of mixed chance and skill, for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but shall not include a place of amusement or entertainment, as defined herein; (12) "Gross leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (13) "Home Improvement Centre" shall mean a building or part of a building used for the display, wholesale and retail sale of building materials, hardware or accessories, including lumber; (14) "Jewellery Store" shall mean a building or part of a building which is used for the purpose of the distribution, manufacturing, repair, or sale of jewellery such as rings, necklaces, watches and gems; (15) (16) "Liqht Machinery and Equipment Supplier" shall mean a building or a part of a building in which office furniture and machines, carpet and drapery cleaning equipment, painting, gardening and plumbing equipment, small hand power tools and similar products are stored, offered or kept for wholesale or retail sale to industrial or commercial establishments; "Liqht Manufacturinq Plant" shall mean a manufacturing plant used for: (a) the production of apparel and finished textile products other than the production of synthetic fibres; (b) printing or duplicating; - 3 - (c) the manufacture of finished paper other than the processing of wood pulp; (d) the production of cosmetics, drugs and other pharmaceutical supplies; or (e) the manufacture of finished lumber products, light metal products, electronic products, plastic ware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, fumiture, housewares, toys, musicals instruments, jewellery, watches, precision instruments, radios and electronic components; (17) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (18) "Off-Track Bettinq Teletheatre" shall mean a building or part of a building in which a facility, licensed under the Ontario Racing Commission Act, or any successor thereto, which operates wagering and provides live audio visual signals of direct, simulcast horse racing, and which provides food and beverages as an accessory use, but shall not include a Place of Amusement or Entertainment, as defined herein, or Games Arcade, as defined herein, or a room or an area used for any video lottery terminal use as governed by the Alcohol and Gaming Regulation and Public Protection Act, or any successor thereto; (19) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or a dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, as amended, or any successor thereto; (20) "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or theatre, but shall not include a games arcade, as defined herein, or an adult entertainment parlour, as defined herein; (21 ) "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment, or games arcade as defined herein; (22) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in the Municipal Act, as amended, or any successor thereto; (23) "Restaurant - Type B" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or buildings on the premises only, but shall not include an adult entertainment parlour, as defined herein; 5. -4- (24) "Vehicle Repair Shop" shall mean an establishment containing facilities for of vehicle fuels; the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale (25) "Vehicle Sales or Rental Establishment" shall mean an establishment in which its main use is the sale, service, rent or lease of vehicles, and which may include ar] accessory vehicle repair shop, but shall not include any establishment engaged in the retail sale of vehicle fuels; (26) "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and may include the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; (27) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures or other uses as are specifically permitted thereon; (a) (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot or, where there is no rear lot line, the junction point of the side lot lies, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot 'extending from the front yard to the rear yard and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankaqe Side Yard" shall mean a dies yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Interior Side Yard" shall mean a dies yard other than a flankage side yard; (1 ) PROVISIONS Uses Permitted ("SPCI-1" Zone) No person shall, within the lands zoned "SPCI-1" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: - 5- (a) Body shop (b) Business office (c) Commercial-recreational establishment (d) Financial institution (e) Food preparation plant (f) Frozen food shop (g) Furniture and major appliance sales (h) Home improvement centre (i) Industrial or commercial equipment suppliers U) Jewellery store (k) Light manufacturing plant (I) Off-track betting teletheatre (m) Personal service shop (n) Place of assembly (0) Professional office (p) Restaurant-type B (q) Vehicle repair shop (r) Vehicle sales or rental establishment (s) Warehouse (2) Zone Requirements ("SPCI-1" Zone) No person shall within the lands designated "SPCI-1" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING RESTRICTIONS (i) LOT AREA (minimum): (ii) LOT FRONTAGE (minimum): (iji) YARD REQUIREMENTS (minimum): (iv) BUILDING HEIGHT (maximum): (v) OPEN STORAGE: (vi) LOT COVERAGE (maximum): (b) PARKING REQUIREMENTS (i) 0.5 hectares 30.0 metres as illustrated on Schedule II to this By-law 12.0 metres no open storage shall be permitted in any yard. 33 percent For the purpose of this clause, "Parking space" shall mean a usable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; (ii) A minimum of 162 parking spaces shall be provided and maintained on the lot. (iii) A minimum of 3 parking spaces shall be provided for the outdoor storage of rental vehicles; (c) SPECIAL REGULATIONS (i) The location of points of street access to lands designated "SPCI-1" on Schedule I to this By-law, shall be restricted to that area designated "access" on Schedule I to this By-law; - 6 - (ii) The aggregate of the gross floor area of all buildings on the lot shall not 3500 square metres; (iii) The aggregate of the gross floor area of all restaurants-type B on the lot shall not exceed 700 square metres; (iv) The aggregate of the gross floor areas of all business offices and professional offices on the lot shall not exceed 2,000 square . metres; (v) The aggregate of the gross floor areas of all off-track betting tele-theatres on the lot shall not exceed 250 square metres; (vi) Business offices and professional offices shall be permitted only on the land diagonally-hatched on Schedule III to this By-law; (vii) The aggregate of the gross floor areas of all body shops and vehicle repair shops on the lot shall not exceed 1,050 square metres; (viii) Body shops and vehicle repair shops shall be permitted only on the lands cross-hatched on Schedule III to this By-law; (ix) The aggregate of the gross floor areas of all jewellery stores and frozen food shops on the lot shall not exceed 186 square metres; (x) Notwithstanding the front yard depth requirements of Section 2(a)(iii) of this By-law, an outdoor patio may encroach into the required front yard to a maximum of 9.0 metres; 6. BY -LAW 3036 (1 ) By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. (3) By-laws 1787/84, 2970/88, and 3695/91 are hereby revoked in their entirety. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this day of , 2003. Bruce Taylor, Clerk ////\\ ////' / ' / \ /' \ // \ / " / /<'\' \\, ~ /\\(\/// " , \, , / / \ \ \ 0 . 'v/ /~, \ \ " ~ \ /' I II ~ ,,<f I \ //-{ \\ \\ ~~ \- / ' \\ . ,,~W>=~ ' " \ , , <' " \ " r ^ " \, \, \, '\~\.J \ ' \, \, \ \ " " \ " " \ " \ ' \ \, \ \ \ \ \ \ \ \ \ \ \0 \ " --- '-\\PCI-1 '\\\ \ \ \ \ \ \ \ \ iP ~o o~ ¿;; CJ ~~ ------- ------------ -------------- ""'\" - "V^""" -- ------------ ", ----- """""'~-------------------- .. LOT 24 , , , , , , , , , , , , , , , , , , , 40R\6179 \ ... \ ~LOT 23 \ \ \ \ l' tv , , , SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2003 MAYOR CLERK ... ////---------- ---- //'ì,; //~O' /~ /~. / ~-r- ,,'f ,/ .j:$ ," ,/ ',,'f ¡/,/' ,'" , , , , ,/ //- BY-LAW 1727/83 :P 4-0 o'f t} (j ~~ """""" "V"".""", -, ,-"..'" ....,...."" ,/,../'/ ------------/_.----- ------------- ... LOT 24 , , , , , , , , , , , , , , , , , , , , , .. l' N SCHEDULE II TO BY-LAW PASSED THIS DAY OF 2003 MAYOR CLERK \ \ ,/\ // \ /,/ \ \ ,'/ \, \ / " / " /\ ' / " \ ,/ \, /' " \ ,/ \, \ /" \, ,/ " " \ /' \, \, " ,/ \, \, \ /' " " \ ,'/ \ .... .... \ ,/ \, \ \, r' \, \ " \\.... \"\, \\ . /' ~ O' ~ ~~ \ ",. ~ ~~ ~ Y'/ \ ~CJ'{' \'{' \ \ \ ~ ~Q Q~ (} CJ ~~ /' //' BY-LAW 1727183 t. ------------ ;;\\ ---------------- , -y--- ,......,.... "f""""", --------------------- """"'~---------------- 40R\6179 \ . \ ..-- LOT 23 \ \ \ \ ... LOT 24 SCHEDULE ill TO BY-LAW PASSED THIS DAY OF 2003 MAYOR CLERK , , , , , , , , , , , , , , , , , , , , , 1'\ tv . GLENANNA w -' ê§ z w -' C) RADOM City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 23 AND 24, CONCESSION 1 APPLICANT MET-STAR HOLDINGS LTD. DATE AUG 2, 2002 APPLICATION No. A 15/02 SCALE 1:7500 DRAWN BY RC l' CHECKED BY GR FOR DEPARTMENT USE ONLY PN-8 PA- An ACHr!.ENT II ~- TO REPORl Ii PO 7i .. () .~ INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN A 15/2002 BUILDING A BJ LD N3 o~Q ~ ~O~ ..;.\.G'fJ ~\~ B ""'-""-" --.--........----.--..-....-- -..-----,.__.._N'__'- ¡BUILDING C ~ THIS MAP WAS PRODUCED BYTHE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, DECEMBER 19, 2000. ATTACHMENT" -::s TO REPORT II PO / / -0 3 Ciú/ o~ INFORMATION REPORT NO. 02-03 FOR PUBLIC INFORMATION MEETING OF JANUARY 16th, 2003 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 15/02) 1211 Kingston Road Metstar Holdings Ltd. City of Pickering 2.0 3.0 3.1 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the south side of Kingston Road, west of Liverpool Road and east of Dixie Road (see location sketch, Attachment #1). APPLICANT'S PROPOSAL - the applicant proposes to change the zoning on the subject property to permit 'Personal Service Shop' and 'Place of Entertainment or Amusement' (Off-track betting tele-theatre) as additional uses; - the applicant advises that the proposed additional uses would be located in Building 'B' only (see Attachment #2). OFFICIAL PLAN AND ZONING Durham Re~:lÏonal Official Plan - the subject property is designated "Special Policy Area 'A'" in the Durham Region Official Plan; - lands designated "Special Policy Area 'A'" contain a mixture of residential retail, personal service and industrial uses. Development shall be intensified in a manner that will not adversely affect similar development within the Main Central Areas; - the proposed uses appear to conform to the Durham Region Official Plan; 3.4 4.0 4.1 4.2 Information Report No. 02-03 ATTACHMENT # 3 TO REPORT # PO 11--0 3 Page 2 3.2 PickerinQ Official Plan - the subject property is designated as "Mixed Use Area" in the City of Pickering Official Plan; - the subject property is located within the "Town Centre Neighbourhood"; lands within the "Town Centre Neighbourhood" are intended to be for the highest mix and intensity of uses and activities; - the proposed uses conform to the City of Pickering Official Plan; 3.3 Compendium Document to the Official Plan - the subject property is subject to the "Kingston Road Corridor Urban Design Guidelines"; - the proposed uses would be within existing buildings - no new development is proposed; ZoninQ Bv-Iaw 3036-00 - the subject property is zoned 'SPCI-1' - Special Purpose Commercial Exception by Zoning By-law 3036-00, as amended; - the 'SPCI-1' currently permits the following uses: . financial institution; . food preparation plant; . furniture and major appliance sales; . home improvement centre; . industrial or commercial equipment suppliers; . light manufacturing plant; . vehicle sales or rental establishment; - the current zoning does not permit 'Personal Service Shop' nor 'Place of Amusement or Entertainment' (off-track betting tele-theatre); a zoning by-law amendment is required to permit the proposed additional uses; . warehouse; . commercial-recreational establishment; . place of assembly; . restaurant - type B; . body shop; . business office; . frozen food shop; . jewellery store; . professional office; . vehicle repair shop; RESUL T8 OF CIRCULATION (see Attachment #3) Resident Comments none received to date; AQencv Comments Information Report No. 02-03 #._.3",_,.. .¡¡:~¡ 1-;;¡....//:93 Page 3 Pickering Fire Service requests that existing buildings meet the requirements of the Ontario Building and Fire Codes; 4.3 Staff Comments 4.3.1 Background Information early in 2002, Municipal Law Enforcement informed the owners that the current zoning did not permit personal service shop use (Extreme Tattoo, Classique Nail Salon); Municipal Law Enforcement requested that the owners either apply for rezoning to permit personal service shops, or take the necessary steps to terminate the lease of the personal service shop tenants; since submitting the application for rezoning, another tenant (Dead Heat Off-track Wagering) seeks to operate an off-track betting tele-theatre in Building 'B'; personal service shops have been operating in Building 'B' for several years; an off-track betting tele-theatre has operated within the restaurant in Building 'A' for several years; neither a personal service shop or an off-track betting tele-theatre are permitted under the By-law; - the owner of the subject property has applied for a rezoning to permit these additional uses; 4.3.2 Other Matters In reviewing the application to date, the following matters have been identified by staff for further review and consideration: . appropriateness of the site for the proposed use; . parking requirements; . impact on surrounding land uses; . compatibility with surrounding land uses; . conformity with the City of Pickering Official Plan, the Durham Region Official Plan and other applicable policies; and . agency and department comments. Information Report No. 02-03 ': i'1r,'¡'\J!"n:~,n # ,'2.. 'ro .. "'~""~" ---L-- "','y,"íþ PO'j //-O:¿ ...1 U¡\ "..._~".._~_.._'" Page 4 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 Councilor a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 6.2 Information Received a copy of the applicant's submitted site plan is available for viewing at the offices of the City of Pickering Planning & Development Department. 6.3 Company Principal - the applicant advises that Tony Kiriakou is the principal of Met-Star Holdings Ltd.; Heinz Mertins is the agent for the rezoning application. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ed Belsey Planner II Lynda Taylor, MCIP, RPP Manager, Development Review EB:jf Attachments Copy: Director, Planning & Development Excerpts from Statutory Public Information Meeting . Thursday, January 16, 2003 ,:;i fP.GHi'J¡U'J #1_fO 7:00 P.M. REPOR1 # PO / / -0 ~ The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (I) ZONING BY-LAW AMENDMENT APPLICATION A 15/02 1211 KINGSTON ROAD MET-STAR HOLDINGS LTD. 1. Edward Belsey, Planner II, provided an explanation of the application, as outlined in Information Report #02-03. 2. Heinz Mertins, representing the applicant, advised that he was present to answer any questions. The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4TH FLOOR, LANG TOWER WEST BUILDING P.O. BOX 623 WHITBY, ON L 1N 6A3 (905) 728-7731 FAX: (905) 436-6612 WWW. rß9L(io~gilllli!m.,-Q.o~g A.l. Georgieff, MCIP, RPP Commissioner of Planning "SERVICE EXCELLENCE foFpu:r COMNt[jNITY" . c:-... ")1\[;: ,: 'C;\!" it .._~"'---,_. yo :)1:' //-Q3. January 21,20.03 Ed Belsey, Planner 1/ Planning & Development Department One the Esplanade Pickering, Ontario L 1 V 6K7 Dear Mr. Belsey: Re: loning Amendment Application A 15/02 Applicant: Met-Star Holdings Limited Location: Part of Lots 23 &24, Concession 1 Municipality: City of Pickering We have reviewed this application and the following comments are offered with respect to compliance with the Durham Regional Official Plan, the proposed method of servicing and delegated provincial plan review responsibilities. The purpose of the application is to change the zoning on the subject property to permit "Personal Service Shop" and "Place of Entertainment or Amusement" (Off-track betting tele-theatre) as additional uses. . The subject property is designated "Special Policy Area A" in the Durham Regional Official Plan. Special Policy Area A currently contains a mixture of . residential, retail, personal service and industrial uses. Development within this designation is to be intensified in a manner that will not adversely affect similar development within the Main Central Areas ofthe City of Pickering. Lands within this designation are to be governed by other detailed provisions incorporated in the area municipal official plan in accordance with the intent of the Regional Plan. The proposed amendment appears to be in conformity with the Durham Regional Official Plan. Municipal water supply and sanitary sewer services are available to the subject property. This application has been screened in accordance with the terms of the provincial plan review responsibilities. No provincial interests appear to be affected by this proposal. . . . If you have any questions or require additional information, please call me. . YoursJruly, // (--""'\, /:. . }), / '-4~7' (.?(~.4.:;-.,- t/ . Ray Davies, Planner Current Operations Branch R:\traininglrdlzoning\plckering a 1S-02.doc @ 100% Post Consumer