HomeMy WebLinkAboutPD 12-03
REPORT TO
PLANNING COMMITTEE
Report Number: PD 12-03
Date: February 28,2003
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 6/02 (R)
Merriton Properties Inc.
902, 910, 922, and 940 Kingston Road
Recommendation:
1.
That Zoning By-law Amendment Application A 6/02(R), be APPROVED, subject
to the conditions outlined in Appendix I to Report No. PD 12-03 to permit vehicle
sales and service, submitted by Merriton Properties Inc., for 902, 910, 922, and 940
Kingston Road, being Part of Lot 26, B.F.C., Range 3, City of Pickering.
2.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 06/02, as set out in Appendix II to Report Number PD 12-03 be
forwarded to City Council for enactment.
Executive Summary:
The applicant proposes to change the zoning on the subject lands to permit vehicle
sales and service on the subject property, located on the north side of Kingston Road,
between Fairport Road and Merriton Road (see Location Map - Attachment #1).
The applicant proposes to relocate the existing Formula Ford dealership from
1167 Kingston Road to the subject lands, and to allow for the establishment of other
dealerships on the site (see Attachment #2). The proposed vehicle sales and service
use complies with the provisons of the City's Official Plan and the subject lands are
suitable for the proposed use. All existing buildings and structures on the property will
be demolished.
It is recommended that the application be approved, subject to the condition that the
implementing by-law contain an Holding (H) provision, requiring the owner to obtain
site plan approval and satisfy the City of Pickering and the Toronto and Region
Conservation Authority respecting stormwater management.
Financial Implications: Some of the costs associated with road improvements (i.e.
sidewalks and street lights) along the Kingston Road frontage of the subject property
are identified in the City's Development Charge By-law as a 2005 project.
Report PD 12-03
February 28, 2003
Subject: Zoning By-law Amendment Application A 06/02 (R)
Page 2
The recommended 2003 Capital Budget identifies this project as one where
commitment will be made by the City in 2003, for payment in 2004.
If the works are undertaken by the owner in 2003, the development agreement
respecting such works will commit the City to participate in funding in 2004.
Consequently, the requirement for funding will be brought forward to Council through
the 2004 Budget process.
Background:
1.0
Comments Received
1.1
At the June 19,2002 Information Meeting
No one spoke for or against the application;
1.2
At the August 8, 2002 Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #3 and #4)
- a second Statutory Public Information Meeting was held on August 8th, 2002,
as the application was amended to include 902 Kingston Road;
comments from residents identified the following concerns:
. Lighting and noise from the subject lands;
. Traffic signalization required;
. Opposition to automobile leasing; and
. Need for fencing along railway lands;
1.3
Following the Information Meeting
Concerned Resident (see Attachment # 5)
A letter was received form. R. McConachie expressing concern respecting
the management of storm water and requesting the City to monitor the
conservation authority's comments respecting the watercourse on the site.
1.4
Agency Circulation
Toronto and Region
Conservation Authority
(TRCA) :
no objections to proposed uses given the
willingness of the applicant to conduct
necessary analysis and to be part of the
comprehensive solution for the betterment
of the storm water conditions for the
drainage area
Report PO 12-03
February 28,2003
Subject: Zoning By-law Amendment Application A 06/02 (R)
Page 3
prior to final approval of the zoning by-
law, the applicant must undertake the
necessary analysis and provide contribution
from this site to improve the downstream
conditions
(see Attachment # 6)
Durham Planning Department -
no objections to proposed uses
conforms to the Durham Region Official
Plan
direct access to Kingston Road will not be
permitted
no Provincial interests appear to be
affected
(see Attachment # 7)
Canadian National Railway
no objections
a 1.8 metre high fence is required along
the mutual property line
(see Attachment # 8)
1.5
City Department Comments
Municipal Property and
Engineering:
applicant must address stormwater
management for the site, accommodate
drainage from the CN lands
- the City is addressing quality and quantity
control for flooding and erosion and an
independent solution is required to avoid
impacts downstream
- (see Attachment # 9)
2.0
Discussion:
2.1
Proposed use conforms to the Pickering Official Plan
The subject property is designated "Mixed Use Areas- Mixed Corridor" in the
Pickering Official Plan. This designation permits the proposed use to be
considered for approval. Approval of the rezoning would implement the
Pickering Official Plan designation. The proposed use also conforms to the
Region of Durham Official Plan.
Report PO 12-03
February 28, 2003
Subject: Zoning By-law Amendment Application A 06/02 (R)
Page 4
2.2
The Site is Suitable for the Proposed Use
The applicant is proposing to develop a vehicle sales and service establishment.
There are existing dealerships located in the immediate area. The proposed use
would be compatible with the existing surrounding land uses of a medical office,
professional office, car dealerships, automobile service station/gas bar, and the
Police Credit Union.
The CNR rail line to the north of the subject property provides a physical and
visual barrier/buffer between the subject property and residential uses to the
north.
Sufficient site area is available to accommodate the proposed use and required
parking and the applicant has agreed to restrict access to the site to
Merriton Road and Fairport Road only.
The existing uses within the Ounbarton Plaza located within the subject property
and known as 922 Kingston Road will be permitted to continue to operate while
the applicant pursues related approvals required to obtain a building permit.
However, building permits for the new uses will not be issued until all existing
structures on the property are demolished.
2.3
The Site Plan Approval Process will address Site Development, Site
Functioning, Urban Design, and Servicing, to be secured through
appropriate agreements
The final detailed design of the site has not been determined. However, a
conceptual site plan illustrates that adequate parking and efficient site
functioning can be achieved (see Attachment # 2).
In order to facilitate development, both on-site and off-site improvements will be
required. The urbanization of Kingston Road (including sidewalks), along the
frontage of the subject lands will be required to be completed by the property
owner in conjunction with the development of these lands. The City has
identified some urbanization costs for this section of Kingston Road as a
development charge funded project. The City will participate financially toward
sidewalks and street lighting. Full details of the urbanization will be identified
through the site plan process and the City will address its component of funding
in the 2004 Budget.
The owner must also satisfy the City with respect to required improvements on
Fairport and Merriton Roads.
Report PD 12-03
February 28, 2003
Subject: Zoning By-law Amendment Application A 06/02 (R)
Page 5
The City and the Region of Durham will be evaluating the nature and extent of
required improvements through the submission of supporting reports to be
provided by the applicant. The submission of the reports will be required through
the site plan approval process.
The subject property is in a prominent location within the City and has high
visibility to Kingston Road and Highway 401. The City has not received a formal
application for site plan approval, therefore details of the proposed building
designs have not been reviewed.
However the applicant is aware of the requirements for a building massing and
location that is prominent to Kingston Road.
The applicant has advised that the siting of the proposed building(s) is the result
of constraints posed by several existing easements. Disposition of the
easements will be dealt with through the site plan process. The conceptual site
plan illustrates buildings located as close to Kingston Road as possible, with two
storey massing, meeting the goals of the Council approved "Kingston Road
Corridor Urban Design Guidelines". The buildings will be required, through the
site pan approval process, to provide appropriate architectural treatment.
It is recommended that City Council approve this zoning by-law amendment
application based on a condition that requires the application of an "(H)"-Holding
provision to the implementing by-law. The "(H)"-Holding provision will enable the
City to require a site plan and development agreement with the property owner
which will address appropriate development conditions for the site.
2.4
The Applicant's Proposal to Pipe the Remnant Watercourse is Acceptable
Subject to the Acceptance of an Additional Stormwater Management
Report and TRCA Approval of Applicable Permits
The Applicant has requested permission to pipe a remnant of a tributary of
Amberlea Creek that traverses the western part of the site. North of the site, the
watercourse has been piped and re-directed into a storm sewer along
Fairport Road. South of the site, the watercourse is piped under Kingston Road,
and then joins the main branch of Amberlea Creek as it flows through the ravine
behind Vistula Drive.
Initially, the TRCA expressed concerns with the Applicant's proposal to enclose
the existing remnant watercourse without a comprehensive solution for
stormwater management and erosion control improvements within the drainage
area. The TRCA is receiving other proposals to pipe the Northeast Quadrant
tributary of Amberlea Creek, and is concerned existing erosion problems within
the ravine behind Vistula Drive will worsen.
Report PD 12-03
February 28, 2003
Subject: Zoning By-law Amendment Application A 06/02 (R)
Page 6
Although the City is investigating opportunities to address downstream erosion
and to improve stormwater quality within the drainage area, the standard of
control for the subject property initially requested by TRCA to improve
downstream conditions was unworkable.
Following a meeting between staff of the City, TRCA, the Applicant and the
applicant's consultants, TRCA concluded that they could support the rezoning
and that piping of the remnant watercourse on the subject site could occur
subject to certain conditions. As required by the City and TRCA, the Applicant
has confirmed that they will:
. have Sabourin Kimble prepare an addendum to the original October 2003
report to address the stormwater options investigated, and the on-site quality
and quantity controls to be used:
. contribute financially towards a broader stormwater solution;
. compensate for the loss of fish habitat; and
. obtain the necessary permits and approvals from TRCA (see
Attachment #10).
2.5
Approval of the application should be subject to an (H) Holding Symbol
A draft implementing zoning by-law is attached to this report for Council's
consideration (see Appendix No. II). The by-law provides for an (H) Holding
provision to address the need for appropriate agreements to be entered into prior
to the lifting of the (H). Site functioning, required urbanization of street frontages
and stormwater management issues will be addressed to the City's and
Conservation Authority's satisfaction prior to Staff forwarding any by-law to
remove the (H) symbol.
The by-law permits the uses within the existing Dunbarton Plaza to remain in
operation until such time as a vehicle sales and service establishment is
developed on the site.
3.0
Applicant's Comments:
The applicant is aware of the recommendations of this Report.
APPENDICES:
APPENDIX I:
APPENDIX II:
Recommended Conditions of Approval for A 06/02(R)
Draft By-law
Report PO 12-03
February 28, 2003
Subject: Zoning By-law Amendment Application A 06/02 (R)
Page 7
Attachments:
1.
2.
3
4.
5.
6.
7.
8.
9.
10.
Location Map
Conceptual Site Plan submitted with Zoning By-law Amendment Application
Information Report, Statutory Public Meeting, August 8,2002
Minutes from Statutory Public Meeting, August 8,2002
Letter from Robert McConachie
Comments from Toronto and Region Conservation Authority
Comments from Durham Region Planning Department
Comments from Canadian National Railway Properties Inc.
Comments from City of Pickering Municipal Property & Engineering Division
Letter form Sabourin Kimble & Associates Ltd.
Prepared By:
Approved I Endorsed By:
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Lynda Taylor, ,RPP
Manager, Development Review
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Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
/'
APPENDIX I to
REPORTNUMBERPD12~3
RECOMMENDED CONDITONS OF APPROVAL FOR ZONING BY-LAW
AMENDMENT APPLICATION A 6/02
That the Implementing Zoning By-law:
(a)
(b)
permit the establishment of vehicle sales and service;
place a (H) Holding Symbol on the subject property restricting the use of the land
to its current uses until the owners enter into an appropriate agreement(s) with
the City and receive site plan approval to address matters such as, but not
limited to, site function (agrees/egress, parking location, building location and
design), site improvements and stormwater management);
(c)
include but not be limited to, the following provisions:
- parking standards reflective of other vehicle sales and service establishment
within the City
- identification of a build to zone and building envelope to encourage building
locations in proximity to the road frontages
- require a two storey massing for all buildings
- amend the existing LCA-6 and SC-13 zone category to establish a new zone
category for the permitted use subject to an (H) - Holding symbol and provisions.
DRAFT BY -LAW
APPENDIX II TO
REPORT NUMBER 12-03
ZONING BY-LAW AMENDMENT APPLICATION A 6/02
BY-LAW NUMBER
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 Lot 26, Range 3 B.F.C.,
Lots 127" 128 and 129 Plan 1051, in the City of Pickering.
(A 06/02)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit the development of a vehicle sales and service establishment, in Part of Lot 26,
Range 3 B.F.C., Lots 127,128 and 129 Plan 1051, 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.
SCHEDULE I
Schedule I attached to this By-law with notations and references shown thereon
are hereby declared to be part of this By-law.
2.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 26, Range
3 B.F.C., Lots 127, 128 and 129 Plan 1051, in the City of Pickering, designated
"SC-35" on Schedule I attached hereto.
3.
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.
4.
DEFINITIONS
In this By-law,
(1 )
"Body Shop" shall mean an establishment in which motor vehicle bodies
are repaired and / or painted;
(2)
"Build-to-Zone" shall mean an area of land within which all or part of a
building or buildings are to be located;
(3)
(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;
5.
(4)
- 2 -
"Vehicle Repair Shop" shall mean an establishment containing facilities for
the repair and maintenance of vehicles on the premises, in which vehicle
accessories are sold and vehicle maintenance and repair operations are
performed, but shall not include a body shop, as defined herein, or any
establishment engaged in the retail sale of motor vehicle fuels;
(5)
"Vehicle Sales and Service" shall mean an establishment used for the
sale, service, rent or lease of vehicles and which may include as an
accessory use thereto a vehicle repair shop, but shall not include any
establishment engaged in the retail sale of motor vehicle fuels, or a body
shop as defined herein;
(6)
(a)
"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;
(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 lines, 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 side 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 side yard other than a flankage
side yard;
PROVISIONS
(1 )
Uses Permitted ("SC-35" Zone)
No person shall, within the lands zoned "SC-35" 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:
(a) vehicle sales and service
(2)
Zone Requirements ("SC-35" Zone)
No person shall within the lands designated "SC-35" on Schedule I
attached hereto use any lot or erect, alter or use any building except in
accordance with the following provisions:
- 3 -
(a) BUILDING RESTRICTIONS
(i)
Building Location and Setbacks:
A Buildings and structures shall be located entirely within the
building envelope illustrated on Schedule I attached to this
By-law;
B
No building, part of a building, or structure shall be erected
within the "SC-35" Zone, unless a minimum of 70% of the
length of the build-to-zones, as illustrated on Schedule I
attached hereto, contains a building or part of a buildings;
(b) BUILDING HEIGHT:
a minimum 6.5 metres for the portion of a
building located within a build to zone, and;
a minimum 5.0 metres for the building or
portion of a building located outside of the
build to zone;
(c) OUTDOOR STORAGE
(i)
No outdoor storage or display is permitted in any yard;
(ii) Despite subclause 5(1 )(c)(i) above, the display of automobiles in
association with a vehicle sales and seNice use shall be
permitted in any yard;
(d) PARKING REQUIREMENTS
(i)
For a vehicle sales or rental establishment use, there shall be
provided and maintained on the subject lands a minimum of 3.0
spaces per 100 square metres of gross leasable floor area.
(ii) No parking space, as required by subclause 5.(1 )(d)(i) above,
may be used for the storage or display of automobiles;
(iii) Clauses 5.21.2a) to 5.21.2c) and 5.21.2e) inclusive, of By-law
3036, as amended, shall not apply to the lands zoned uSC-35"
on Schedule I attached hereto;
(iv) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrance and exits to parking areas and all parking
areas shall be surfaced with brick, asphalt, or concrete, or any
combination thereof;
(3)
Uses Permitted U(H)" Holding Zone
(i)
Despite the provisions of Clause 5.(1 )(a), while the U(H)" holding
symbol is in place, no person shall, within the lands zoned
U(H)SC-35U on Schedule I attached hereto, use any lot or erect,
alter or use any buildings or structure for any purpose except the
following uses, assembly hall, bakery, business office,
commercial club, commercial recreational establishment,
commercial school, day nursery, dry cleaning depot, financial
institution, food store, laundromat, place of amusement or
entertainment, personal seNice shop, private club, professional
office, public club, restaurant-type A, and retail store, as defined
by By-law 2498/87, in the existing building located on Lot 127,
Plan 1051, as of the date of the passing of this By-law.
- 4-
(4)
Removal of "(H)" Holdinq Svmbol
(i)
Prior to an amendment to remove the "(H)" - Holding Symbol
preceding the "SC-35" zone designation, the owner is required to
execute appropriate agreements with and to the satisfaction of
the City of Pickering (and\or the Region of Durham), and such
agreements have been registered on title to the lands, to provide
for the stormwater management requirements and the
development of buildings or structures. in accordance with the
provisions of subsections 5.(1) and 5.(2) of this By-law.
6.
BY-LAW 3036
(1 )
By-law 3036 as amended by By-laws 2923/88 and 2498/87, only as they
each apply to the area zoned "SC-35" on Schedule I to this By-law, are
hereby repealed.
(2)
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. Definitions and subject
matters not specifically dealt with in this By-law shall be governed by
relevant provisions of By-law 3036, as amended.
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.
Wayne Arthurs,
Bruce Taylor, Clerk
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SCHEDULE I TO BY,,-LAW
PASSED THIS
DAY OF 2003
MAYOR
CLERK
ATTACHMENT # I TO
REPORT # PO 11- '03
City of Pickering
Planning & Development Department
LOTS 127 AND 128, PLAN 1051; PART OF LOT 26, RANGE 3, B.F.C. AND
. PROPERTY DESCRIPTION PART OF ROAD ALLOWANCE BETWEEN CONCESSION 1 AND RANGE 3 a.F.C.
OWNER MERRITON PROPERTIES INC. DATE MAY 8, 2002 DRAWN BY RC
APPLICATION No. A 06/02{R) SCALE 1:7500 CHECKED BYES
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FOR DEPARTMENT USE ONLY
PN-7
PA.
1
ATTACHMENT # v' TO
REPORT # PO /.;1. - 03
INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN
MERRITTON PROPERTIES INC.
A 06/02
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SANITARYAND WATER
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... '.JH I 11 PC -1.;)- 03
INFORMATION REPORT NO. 26-02
FOR PUBLIC INFORMATION MEETING OF
August 8th, 2002
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 06/02 (R)
Merriton Properties Inc.
Part of Lot 26, B. F. C., Range 3
902,910,922, and 940 Kingston Road
Please note that the above-noted application was first heard at the
June 19th, 2002, Statutory Public Information Meeting. The applicant has
REVISED the application to add the 902 Kingston Road property as part of the
subject lands.
1.0
PROPERTY LOCATION AND DESCRIPTION
- the subject lands are located on the north side of Kingston Road, between
Fairport Road and Merriton Road as shown on the location map
(see Attachment # 1);
- the subject lands include a portion of the Sheppard Avenue road allowance,
between Fairport Road and Merriton Road, which has been closed by By-law,
and conveyed to the owner;
a portion of the subject lands, commonly known as the Dunbarton Plaza at
922 Kingston Road, is currently being used for commercial 1 retail uses;
- access to the subject lands is currently provided from Fairport Road and
Merriton Road;
- the surrounding land uses include: the Canadian National Railway and the
Dunbarton residential neighbourhood to the north; Kingston Road and
Highway 401 to the south; The Police Credit Union and two (2) vehicle sales
and service establishments to the east; and a gas bar 1 automobile service
station and church to the west.
2.0
APPLICANT'S PROPOSAL
- the applicant is proposing to amend the existing zoning on the subject lands to
permit the additional use of vehicle sales and service (see Attachment # 12);
- the applicant seeks the additional proposed use on the subject lands in order
to relocate the Formula Ford automobile sales dealership, from the existing
site at 1167 Kingston Road, to the subject property;
- the applicant advises that the existing commercial building located on the
northem portion of the subject lands (Dunbarton Plaza) would be demolished
to accommodate the proposed use;
- a Statutory Public Information Meeting was held on June 19th, 2002, regarding
910,922, and 940 Kingston Road;
another Statutory Public Information Meeting is being held on
August 8th, 2002, as the applicant has recently acquired 902 Kingston Road.
and the rezoning application has been amended to include 902 Kingston Road.
tTT~G'.J" iqn # c, ~_."., ,"TO
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Information Report No. 26-02
Page 2
3.0
OFFICIAL PLAN AND ZONING
3.1
Durham ReQional Official Plan
the Durham Regional Official Plan identifies the subject lands as being
designated Living Area;
the predominant use of lands designated Living Area shall be for housing
purposes. In addition, the Durham Regional Official Plan also permits,
"subject to inclusion of appropriate provisions and designations in the area
municipal official plan...special purpose commercial uses serving specialized
needs on an occasional basis with services and facilities which consume
larger parcels of land and require exposure to traffic such as, and similar in
kind to, automotive sales and services...";
- the proposed use of vehicle sales and service appears to conform to the
relevant policies of the Durham Regional Official Plan;
3.2
PickerinQ Official Plan
- the subject lands are designated Mixed Use Areas - Mixed Corridor within the
Dunbarton Neighbourhood;
- the Mixed Use Areas - Mixed Corridor designation permits the following uses:
residential; retailing of goods and services; offices; restaurants; community,
cultural and recreational uses; and special purpose commercial uses (such as
vehicle sales and service);
the Mixed Use Areas - Mixed Corridor designation encourages permitted
uses to serve a broader area, at a community scale and intensity;
in establishing performance standards, restrictions and provisions for the
Mixed Use Areas - Mixed Corridor, City Council shall have particular regard
to encouraging development in an integrated manner for a wide variety of
uses and purposes, and encouraging intensification over time, up to the
maximum floor space indices outlined in the Official Plan;
the maximum Gross leasable Floorspace for the retailing of goods and
services within a Mixed Use Areas - Mixed Corridor designation, is to be
determined by site specific zoning;
Council may however, limit floorspace below the maximum permitted by the
Official Plan policies to address concerns related to such matters as design,
compatibility, and scale of development; and in response to provisions
specified in the Part Three (Dunbarton) Neighbourhood Plan;
Schedule II - Transportation System of the City of Pickering Official Plan
indicates the subject lands have frontage on a Type B Arterial Road
(Kingston Road), a Type C Arterial Road (Fairport Road) and a Local Road
(Merriton Road);
Schedule III - Resource Management of the City of Pickering Official Plan,
does not indicate any Shoreline and Stream Corridor or Hazard Land
designations on the subject lands;
3.3
Compendium Document to the Official Plan
- the lands are subject to the Council adopted Kingston Road Corridor Urban
Design Guidelines which are intended to guide the (re)development of sites
within those designated areas;
- the subject lands are also located within a Detailed Review Area of the
Dunbarton Neighbourhood for which Council has not yet adopted area-wide
development guidelines;
- the existing Kingston Road Corridor Urban Design Guidelines will provide
guidance for development of the site;
- the Kingston Road Corridor Urban Design Guidelines were developed as the
result of a 1996/97 study with the following purposes:
A TlACH~RE~IT "- J__TO
. ,.J~,:P3
Information Report No. 26-02
Page 3
. to formulate a vision for the transformation of Kingston Road into a
"mainstreet" for Pickering;
. to identify elements of the vision that are crucial to the successful
transformation of the corridor; and
. to recommend an implementation strategy that can be used to guide
public and private development initiatives within the corridor over the
next 5 to 10 years;
- the Kingston Road Corridor Urban Design Guidelines contain policies
respecting design objectives for areas such as, but not limited to: urban form,
streetscape, livability and character, transportation, infrastructure, and
economic development;
3.4
Zonina Bv-Iaw 3036
- the subject lands are currently zoned "LCA-6" - Local Central Area, and
"SC-13" - Special Commercial, by By-law 3036, as amended by By-law 2498-87
(see Attachment # 2); .
- the "LCA-6" zone currently permits the following uses:
(i) Assembly hall (ix) Financial institution
(ii) Bakery (x) Food store
(iii) Business office (xi) Laundromat
(iv) Commercial club (xii) Place of amusement or
(v) Commercial-recreational entertainment
establishment (xiii) Personal service shop
(vi) Commercial school (xiv) Private club
(vii) Day nursery (xv) Restaurant - type A
(viii) Dry cleaning depot (xvi) Retail store
- the "SC-13" Zone currently permits the following uses:
(i) Business office
(ii) Professional office
(iii) Public parking for uses permitted within the "LCA-6" zone
- an amendment to the zoning by-law is required to permit the additional use of
vehicle sales and service on the subject lands.
4.0
RESULTS OF CIRCULATION
4.1
Resident Comments
- written comments from area residents identified the following concerns (see
Attachments #3 and #4):
. traffic;
. pedestrian movements along Kingston and Fairport Roads;
. vehicular access to Kingston Road;
. access over the closed Sheppard Avenue road allowance;
. compatibility with surrounding uses and the Dunbarton Neighbourhood;
. whether the existing drainage channel will be filled;
. whether 902 Kingston Road will also be developed;
4.2
AQencv Comments
- comments from Toronto and Region Conservation Authority indicate that an
assessment of drainage characteristics, including consideration of stormwater
quantity and quality requirements for the site within the context of the
contributing drainage area, is required prior to a favourable recommendation
(see Attachment # 5);
- other agency comments received to date indicate no objections, subject to
certain conditions (see Attachments # 6 to 11);
A r IACHMEN r f! ._...~- TO
/.ó1.-:.C?".3... ~"'",.._-
Information Report No. 26-02
Page 4
4.3
Staff Comments
4.3.1 Site Plan
- a preliminary conceptual site plan has been submitted with the zoning by-law
amendment application (see Attachment # 12);
based on the preliminary conceptual site plan submitted with the application,
the site appears to have sufficient area to accommodate the proposed use;
- whether the existing drainage channel on the subject lands can be filled will
determine whether the proposed building(s) will have alternate siting;
- the applicant has proposed access from all three frontages: Kingston Road,
Fairport Road, and Merriton Road;
- an application for Site Plan Approval will also be required prior to
development proceeding, but has not yet been submitted;
4.3.2 Technical Matters
in reviewing the application to date, the following matters have been identified
by Planning & Development staff for further review and consideration:
. the impact of the proposed use on surrounding land uses;
. the compatibility of the proposed use with surrounding land uses;
. whether the existing drainage channel on the subject lands can be filled;
. conformity with the applicable policies and guidelines of the
City of Pickering Official Plan and Compendium Documents;
. access to the subject lands from Kingston Road, Merriton Road and/or
Fairport Road;
. access over the privately owned, 'closed' portion of the Sheppard Avenue
road allowance;
. various easements on the subject property (see Attachment #13), as
follows:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Durham Region Sanitary and Water;
Pickering Hydro (transmission lines, poles, anchors);
Pickering Storm Drainage Works;
Bell (underground only);
Pickering Bus Transportation easements; and,
Enbridge Consumers Gas;
4.3.3 Development Control Comments
- in reviewing the application to date, Development Control provides the
following comments:
. a stormwater management report is required;
. easements may be required;
. a traffic report is required;
. Kingston Road, Merriton Road, and Fairport Road will require urbanization
and / or boulevard improvements;
. a development agreement is required (see Attachment # 14).
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 by-law for this
proposal;
MT Þ.CHMEi'JT #_-2.- TO
- !,~:_~..i'-m~
Information Report No. 26-02
Page 5
6.0
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
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 this report;
6.2
Information Received
- full-scale copies of the Applicant's submitted plan(s) are available for viewing
at the offices of the City of Pickering Planning & Development Department:
. Preliminary Site Plan;
. Legal Plan of Survey (40R-11259);
. the applicant advises that a Storm Water Management Plan is currently
being prepared, and will be submitted upon completion;
6.3
Company Principal
- the Zoning By-law Amendment application has been submitted by Paul Rycroft on
behalf of Merriton Properties Inc. and Formula Ford;
Merriton Properties Inc. currently owns the southern half of the subject lands
(940 Kingston Road). However, a letters of authorization and executed
purchase and sale agreements were submitted with the rezoning application.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Edward W. Belsey
Planner II
Lynda D. Taylor, MCIP, RPP
Manager, Development Review
EB/pr
Attachments
Copy: Director, Planning & Development
'~T'\",fJ~i~:'¡';" jJ_u 3 m
REPORT # PO /,.;). - 03
APPENDIX NO. I TO
INFORMATION REPORT NO. 26-02
COMMENTING RESIDENTS AND LANDOWNERS
(1 )
(2)
Vivian Vanden Hazel, 1757 Fairport Road
Gail Clow, 1811 Fairport Road
COMMENTING AGENCIES
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
Toronto and Region Conservation Authority
Bell Telephone
Veridian Corporation
Canadian National Railway
Enbridge Consumers Gas
Durham District School Board
Ontario Ministry of Transportation
COMMENTING CITY DEPARTMENTS
(1 )
Development Control
2.
3.
ATTACHMErH #_.4 TO
BEPORT 6' PO ;;! - 03
Excerpts from Statutory Public Information
Meeting
Pursuant to the Planning Act
VVednesday, August 8, 2002
7:00 P.M.
The Manager, Development Review, provided an overview of the requirements ofthe Planning Act and
the Ontario Municipal Board respecting this meeting and matters under consideration there at
(III)
ZONING BY-LAW AMENDMENT APPLICATION A 06/02
MERRITON PROPERTIES INC.
PART OF LOT 26, BROKEN FRONT CONCESSION, RANGE 3
940, 922 AND 910 OLD KINGSTON ROAD
NORTHEAST CORNER OF FAIRPORT ROAD AND KINGSTON ROAD
1.
Edward Belsey, Planner II, provided an explanation of the application, as outlined in
Information Report #26-02.
Sylvia Spencer, 771 Sheppard Ave. E., requested that careful consideration be given to
lighting as residents already experience problems with lighting near St. Paul's Church.
She further requested that some means of traffic signals be considered at the access on
Sheppard Avenue. Ms. Spencer is opposed to the proposed Kingston Road access as
it is too close to Fairport Road. As well, she is opposed to any automobile leasing on
the site.
Joanne Shaw, 938 Dunbarton Road, stated that she supports Ms. Spencer's comments
regarding lighting. Additionally, she stated that residents already deal with noise from
the train, and she is concerned with the additional noise impact this proposal may have
on the area. Ms. Shaw advised that existing barriers to the railway tracks are
inadequate and requested that they be improved.
L ,¡ f.~.'H.f,rnI1 # 5 TO
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Dear Catherine Rose
CITY OF PICKERING
PICICEPUNG. ONTAAIO
August 26 2002
Re:
Zoning Bylaw Application AO06/02
Merriton Properties Inc.
910,922 and 940 Kingston Rd,
RECEIVED
SEP 3 2002
We have some concerns to the plan submitted by the applicant.
CITY OF PICKERING
PLANNING AND
DEVELOPMENT DEPARTMENT
1) This applicant is proposing to pipe the creek, which crosses through this property,
if this creek is allowed to be piped it will add fast flowing storm water into the main
Ambre1ea Creek adding to the erosion problem.
2) These types of automobile establishments have a pretension for hazardous spills
and would hope that the Planning Dept. would take precaution to make sure if
there was ever a spill that it would not find it way into the Frenchman,s Bay water
shed..
3) There has been extensive studies performed on the Ambrealea Creek and tributaries
and the building of a future retention pond. This Developer should contribute
financially to these studies and the building of the retention pond.
4) When the property on the southside of Kingston Rd. develops, at this time this
creek should be redirected to run parrell on the southside of Kingston Rd. to the
future retention pond.
5) I would take this opportunity to ask that the City Of Pickering to monitor the
Toronto Region Conservation Authority actions on this property and that the same
principals and policies are being used on both the Easterly and Westerly
tributaries of the Ambrelea Creek.
cc; Neil Carroll
Mayor Arthurs
EdEB-elsey
Thank You ~?
../,/~.
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Robert McConachie
760 - 770 Kingston Rd.
Pickering
.d-ltl-¿IðIð.5 1.3:::'121
Tor Region Conserv Author
416 661 6898
P. 02,"02
. ~ 1ORONTO AND REG/ONt:;y-.
.l1\..-onser.va Ion
for The Living City
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REPORT # PO
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. February 17,2003
. Mr. Ed Belsey
. City of Pickering
Pickering Civic Centre
One The Esplanade
Pickering, 'Ontario
L 1V 6K7
CFN 32928.05
Dear Mr. Belsey:
Zoning By-Law Amendment Applic~tion AOO6/02
,Part of Lot 26, Broken' Front.'Concesslon, Range 3
940, 922, 910 Old KIngston Road
City of Pickering, Durham Region
(Mertiton PropertIes Inc.) ,
Further to our discussions with the applicant please accept the following clarification on the above
noted application. TRCA staff expressed concerns with the proposal to enclose an existing
remnant ,feature on the above property without a comprehensive solution for stormwater
management and erosion control improvements within the drainage area.
Re:
The applicant has indicated that while our requirements for on site.erosion control are not
technically feasîble they are prepared to conduct an analysis of the drainage area conditions to
determine recommendations for stormwater management and erosion control which could be
undertaken as part of future works to be conducted by the City of Pickering 'though an upcoming
Environm81ltal Assessment. Given the enclosure, the applicant is also prepared to look at
contributing restoration works that will be required for lower reaches on Amberlea in the context of
the future Environmental Assessment process. Staff are generally supportive of this approach.
The applicant is also seeking approval of the zoning by law amendment at this stage. Given the
willingness to conduct the necessary analysis and to be part of the comprehensive solution for
betterment of stormwater condition$ for this drainage areal staff are prepared to support the zoning
by law amendment subject to the following condition:
That prior to final approval of the zoning by law amendment the applicant must undertake the
necessary analysis of the conditions of the drainage area and provide for any necessary
contributions from this site in order to improve the downstream conditions as being conducted
through the City's Environmental Assessment process.
We trustthat this is satisfactory. It you have any questions please contact is undersigned.
RW/gc
CC; Alan Kimble, Sabourin KImble & Associates Ltd.
F :\PRS\COrTesp \PICKERI N\2003\cfn32928 .05. wpd
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The Regional
Municipality
of Durham
Planning
Department
,~,"'1 ^CH~.rP.1T fl... l__~=To
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August 1, 2002
Ed Belsey, Planner II ,
Planning '& Development Department
One the Esplanade
Pickering, Ontario,
L1V 6K7 '
, Dear Mr. Belsey:
1615 DUNDAS ST. E.
, 4TH FLOOR, LANG TOWE.R Re:
WEST BUILDING
P.D. BOX 623
WHITBY, ON L 1N 6A3
(905) 728-7731
FAX: (905) 436-6612
www.region.durham.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
"SERVICE EXCELLENCE
for our COMMUNITY"
Zoning Amendment Application A 06/02
Applicant: Merriton Properties Inc. (Formula Ford)
Location: Part of Lot 26, Range 3 B.F.C.
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 rezone the subject lands to permit
vehicle sales and services as an additional use.
The subject property is desiglJated "Living Area" in the Durham Regional
Official Plan. Subject to the inclusion of appropriate provisions and
designations in area municipal official plans, special purpose commercial
uses, such as automobile sales and ,services, are permittedii1 Living
Areas. Special purpose commercial uses serve specialized needs on an
occasional basis with services and facilities consuming large parcels of
land and req!Jiring exposure to .traffic. The proposed amendment is in
conformity with the Durham Regional Official Plan;
Municipal Water Supply and Sanitary Sewer Serv~
Municipal water supply and sanitary sewer services are available to the
subject lands. The applicant should be made aware that should the road
allowance for Old Kingston Road be closed, the Region will require a 20
metre easemen1 to maintain the existing watermains and sanitaiysewer.
Transportation
Direct access to Kingston Road will not be permitted. Access is to be
provided from Fairport Road and Merriton Roa,d, as shown on the
preliminary site plan. The proposed access to .Kingston Road must be
*
100% Post Consumer
HI ^CHMEf\IT fl.", 1,.=..~TO
p¡ ./:J.. -03 .
. ,. ,...~-,,~.<.=-_.~-----"~~
Page 2
, .
removed from the.site plan.. The Region will evaluate the..need fora
westbound right-turn taper at the intersection of Kingston Road and
Merriton Road through the site plan application process.
. .
This application has been screened in accordance with the terms of the
provincial plan review responsibilities. No provinqial interests appear to
. be affected. .
If you have any questions or require additional information, please call
me.' .
/?ru2L
Ray'Davies, PlanneJ
Current Operations Branch
cc; Rob RÓy, Durham Region 'WorksDepartment"
. .
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Canadian Propriétés
National ferrol(iaires du
Railway CanadIen
Properties Inc. Nationallnc.
277 Front Street West
Floor S
Toronto, Ontario
M5V 2.X7
277, rue firont ouest
S' étage
Toronto (Ontario)
MSV 2X7
Téléphone; (416) 217-6961
T@lécopleur. (416) :217"6743
I::N
Telephone: (416) 217-6961
Facsimile: (415) 217-6743
.VIA FAX: 905-420-7648
13 August 2002
Your Rle: A 06/02 (R)
Our File: TZ-4500-P..O2
Mr. Ed Belsey
Planning and Development Department
City of Pickering
One The Esplanade
Pickering ON L1V 61<7
RECEIVED
AUG 1 3 2002
Dear Mr. Belsey:
CITY OF PICKERING
PLANNING AND
DEVELOPMENT DEPARTMENT
Re:
Proposed REVISED Zoning By-Law Amendment
902, 910, 922 and 940 Old Kingston Road
MERRITON PROPERTIES INC. (Formula Ford)
We have reviewed the letter from the City Clerk dated 12 July 2002, regarding the above
noted application and have the following comments:
L Any future development adjacent to the railway right-of-way would be expected to
comply with our environmental and safety standards.
2. The Owner must install and maintain at his own expense, a chain link fence of
minimum 1.83 metre height along the mutual property line.
We request receiving notice of the Amendment being approved.
Should you have any further questions, please do not hesitate to contact the undersigned
at (416) 217-6961.
Geoff Woods, B.E.S.
Development Review Coordinator
A wholly ownød subsidla¡y of canadian NatiOnal Railway C:oll1pany I Une ¡¡nare en proprl~t4 exclusive de 13 C;OII1pagnîG dos chemins de fer natfollaL Jf. ~u Cana~a
, .,
i.' 1 m
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OPERATIONS & EMERGENCY SERVICES DEPARTMENT
MUNICIPAL PROPERTY & ENGINEERING DIVISION
MEMORANDUM
February 24, 2003
To:
Ed Belsey
Planner"
From:
Richard Holborn, P. Eng.
Division Head, Municipal Property & Engineering
Subject:
Zoning By-law Amendment Application AO06/02
Merriton Properties Inc. (Formula Ford)
Part of Lot 26, Broken Front Concession, Range 3
940,922, and 910 Old Kingston Road
City of Pickering
Further to the DART meeting held with City staff and the applicant on January 23, 2003
and after review of the letter dated February 17, 2003 from TRCA, I provide the
following comment.
1. The applicant must be able to document and confirm that the storm water
management for this site can be designed such that the post development flows
can match the pre-development flows for the 2 year to 100 year levels; i.e. (100
year post to 2 year pre).
2. The site must accommodate drainage from the CN lands and the low point on
Fairport Road under the CN bridge (overland flow).
3. Since this site ultimately drains into the Amberlea Creek, and the City is trying to
address quality and quantity control for flooding and erosion, and independent
solution is required so that impacts are not going to occur down stream.
RH:ds
Copy: Director, Operations & Emergency Services
1:\8 ITEPLAN\AOO6-02( #2). docF ~b-O 3
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-- SA, BOURIN KI,' MB,LE
III & ASSOCIATES LTD.
. CONSULTTNG ENGINEERS
110 Old Kingston Road, Pickering Village:
Ajax, Omario L1 T 2Z9
Tél: (905) 426-9451 fax: (905)'426-9452
Email: admiD@~k:;,eDgi)')eering,ço!11
February 17, 2003
FILE 02:992:D#6213
City of Pickering
One The Esplanade
Pickering, Ontario
L 1V 6K7
Attention: Mr. E. Belsey
Dear Sir:
SUBJECT:
ZONING BY-LAW AMENDMENT APPLICATION AO06/02
PART LOT 25, BROKEN FRONT CONCESSION, RANGE 3
940,922 AND 910 OLD KINGSTON ROAD
FAMPA HOLDINGS, CITY OF PICKERING
Further to our meeting of January 23, 2003 with City staff and Mr. R. White of Toronto
Region Conservation (TRC) we wish to confirm that we will prepare an addendum to our
report of October 10, 2003, to adequately address all of the requirements of the City and
the TRC. The addendum will specifically address those issues required to support
Zoning By-Law Amendment Application AOO6/02.
We trust that this is sufficient for your needs at this time. If you should have any
questions, please contact the undersigned.
Yours truly,
SABOURI KIMB~E & A , OCIATES L TO.
//2 ~ '
~~ ,/
A. . Kimb[~/P. Eng.
A so '
c.c.
Fampa Holdings - Mr. P. Rycroft
Toronto Region Conservation - Mr. R White