HomeMy WebLinkAboutMarch 17, 2003 Planning Committee Meeting
Agenda
Monday, March 17, 2003 at 7:30 p.m.
Chair: Councillor Brenner
ADOPTION OF MINUTES
Meeting of February 10, 2003
(11)
MATTERS FOR CONSIDERATION
PLANNING & DEVELOPMENT REPORT PD 13-03
ZONING BY-LAW AMENDMENT APPLICATION A 26/02
MARSHALL HOMES
LOTS FRONTING ONTO THE FUTURE EXTENSION OF
GOLDENRIDGE ROAD, EAST SIDE OF FAIRPORT ROAD
(PART OF LOTS 54, 55, 56, 58, 116, 117, PLAN 1051)
PAGE
1-24
PLANNING & DEVELOPMENT REPORT PD 11-03
ZONING BY-LAW AMENDMENT APPLICATION A 15/02
METSTAR HOLDINGS LTD.
1211 KINGSTON ROAD
25-48
PLANNING & DEVELOPMENT REPORT PD 12-03
ZONING BY-LAW AMENDMENT APPLICATION A 6/02 (R)
MERRITON PROPERTIES INC.
902,910,922, AND 940 KINGSTON ROAD
49-79
PLANNING & DEVELOPMENT REPORT PD 10-03
ACQUISITION OF LANDS/ROAD DEDICATING/ROAD NAMING
-PART OF LOT 15, CONCESSION 7, PICKERING,
DESIGNATED AS PART 1, PLAN 40R-21669
-EIGHTH CONCESSION ROAD
80-85
PICK b;I,tlNG
Planning Committee Meeting
Agenda
Monday, March 17, 2003 at 7:30 p.m.
Chair: Councillor Brenner
(111)
CORRESPONDENCE
Members of Council may formally table an item of correspondence that has been
circulated by the Mayor, CAO, Clerk or other staff person.
(IV) ADJOURNMENT
RECOMMENDATION OF THE
PLANNING COMMITTEE
DATE
MOVED BY
SECONDED BY
That Zoning By-law Amendment Application A 26/02, be APPROVED subject
to the conditions outlined in Appendix I to Report Number PD 13-03, to permit
the development of 11 new internal lots with minimum lot frontages of 12
metres, submitted by Marshall Homes, for the parcels of land created through
land severance applications LD 10-22/03 for Part of Lots 54, 55, 56, 58, 116
and 117, Plan 1051, City of Pickering.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 26/02, as set out in Appendix II to Report Number PD 13-03 be
forwarded to City Council for enactment.
02
PICKERING
REPORT TO
PLANNING COMMITTEE
Report Number: PD 13-03
Date: February 28, 2003
From:
Nell Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 26/02
Marshall Homes
Lots fronting onto the future extension of Goldenridge Road, east side of
Fairport Road
(Part of Lots 54, 55, 56, 58, 116, 117, Plan 1051)
Recommendation:
That Zoning By-law Amendment Application A 26/02, be APPROVED subject to
the conditions outlined in Appendix I to Report Number PD 13-03, to permit the
development of 11 new internal lots with minimum lot frontages of 12 metres,
submitted by Marshall Homes, for the parcels of land created through land severance
applications LD 10-22/03 for Part of Lots 54, 55, 56, 58, 116, and 117, Plan 1051, City
of Pickering.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 26/02, as set out in Appendix II to Report Number PD 13-03 be
forwarded to City Council for enactment.
Executive Summary: The applicant proposes to amend the zoning of the subject
properties to permit the development of 11 new lots, with minimum lot frontages of
12 metres, fronting onto the future southerly extension of Goldenridge Road (see
Location Map, Attachment #1).
Approval of this application will establish zoning for the subject properties which is
identical to that recently approved by Council for the abutting draft plan of subdivision
SP-2002-01, also owned by Marshall Homes. The City's requirements respecting the
construction of Goldenridge Road and development of the lots subject to this zoning
by-law amendment application (A 26/02) will be addressed through conditions of the
related land division applications.
It is recommended that the application be approved subject to conditions, and that the
draft by-law be forwarded to Council for enactment.
Report PD 13-03
Subject: Zoning By-law Amendment Application A 26/02
Date: February 28, 2003
Page 2
03
Financial Implications:
proposed development.
No direct costs to the City are anticipated as a result of the
Background:
1.0 Comments Received
1.1
At the February 20, 2003 Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #3 and #4)
no one spoke for or against the application
1.2 Following Information Meeting
Resident in Support:
a letter in support of infill development in the area was received from a resident.
(see Attachment #5)
1.3 Agency Circulation:
2.0
2.1
Canadian National Railway
no objection
warning clauses required in all
development and purchasing
agreements
Toronto and Region Conservation
Authority
Discussion
no objection
a maximum 3 metre buffer zone
is to be provided for all lots
adjacent to the top of bank for
the Dunbarton Creek.
(see Attachment #6)
The proposed development is compatible with, and will be developed in
conjunction with surrounding development.
The proposed development will be consistent with development that is occurring
in the surrounding neighbourhood. Draft Plan of Subdivision SP-2002-01,
submitted by Marshall Homes, recently received draft approval for the lands
abutting the subject properties. This abutting draft plan of subdivision was
designed to accommodate the southerly extension of Goldenridge Road through
the subject properties for future development. Zoning the proposed 11 lots in a
category identical to that recently applied to the abutting draft plan of subdivision
ensures compatible development with abutting lands, and maintains the design
and character of the area (see Location Map and Applicant's Submitted Plan,
Attachments #1 and #2).
0,.1
Report PD 13-03
Subject: Zoning By-law Amendment Application A 26/02
Date: February 28, 2003
Page 3
The subject lands are to be developed in compliance with the Dunbarton
Neighbourhood Guidelines as outlined in the Picketing Official Plan, which allow
for minimum lot frontages of 12 metres on new internal roads. This application
conforms to the Official Plan policies. (see Dunbarton Neighbourhood
Development Guidelines, Attachment #7).
In order to ensure the subject properties are developed in conjunction with the
adjacent draft plan of subdivision, all matters regarding development of the lands
and the construction of Goldenridge Road, have been included as conditions of
approval for the related land severance applications LD 10-22/03. Among other
conditions, the applicant will be required to enter into an appropriate
development agreement with the City to address matters typically included in a
subdivision agreement such as, but not limited to, tree preservation, siting and
architectural design, and grading requirements.
2.2
Lands located near Dunbarton Creek are to be zoned Open Space Hazard
Lands and conveyed to the City.
The Dunbarton Creek crosses through the north-east portion of the subject
property. It is recommended that the portion of the property containing the Creek
and appropriate buffer be designated as 'OS-HL' - Open Space Hazard Lands.
This will establish a natural buffer area adjacent to the creek and ensure
preservation of the lands located in this area. The owner will be required to
convey lands designated 'OS-HL' to the City of Pickering through the associated
land division applications LD 10/03 and LD 11/03.
2.3 By-law to be Forwarded to Council
The attached by-law, included as Appendix II to this report, implements Staff's
recommendation to approve the requested 'S3-7' residential zoning and to apply
a 'OS-HL' zoning to protect natural features. It is further recommended that
attached by-law be forwarded to Council for enactment (see Appendix II).
3.0 Applicant's Comments
The applicant is aware of the content of this report.
APPENDICES
Appendix I: Recommended Conditions of Approval
Appendix I1: Draft Implementing By-law
Report PD 13-03
Subject: Zoning By-law Amendment Application A 26/02
Date:
February 28, 2003
Page 4
05
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Information Report
4. Minutes from Public Information Meeting
5. Resident Comments
6. Comments from Toronto and Region Conservation Authority
7. Dunbarton Neighbourhood Development Guidelines
Prepared By:
Carla Pierini
Planning Technician
Approved / Endorsed By:
Ne'il Car~¢'~.~c~
D~rector, ~i~ & Development
Lynda Taylor~.clP, RPP
Manager, Development Review
CXP:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
~o~as J~~~:~:Admi~a~ v; ~ice~
'~~ ....
06
APPENDIX I TO
REPORT NUMBER PD 13-03
RECOMMENDED CONDITIONS OF APPROVAL FOR
ZONING BY-LAW AMENDMENT APPLICATION A 26/0?
b)
That the implementing zoning by-law:
extend the boundaries of the "S3-7" - Residential Detached Dwelling Zone
requirements in By-law 6027/02 to include the subject properties.
designate the lands known as Part 4, 40R-9570, as 'OS-HL' - Open Space
Hazard Lands.
APPENDIX II TO
REPORT NUMBER PD 13-03
07
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 26/02
08
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended by By-law 6027/02, to implement the Official Plan of the City of
Pickering Distdct Planning Area, Region of Durham in Part of Lots 54, 55,
56, 58, 116, 117, Plan 1051, in the City of Pickering. (A 26/02)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
rezone the subject lands, being Part of Lot 54, 55, 56, 58, 116, and 117, Plan 1051, for
the development of residential uses and open space hazard land uses;
AND WHEREAS an amendment to By-law 3036, as amended by By-law 6027/02, is
therefore deemed necessary;
NOW THEREFORE THE COUNCIL oF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENT
1.1 Section 2. of By-law 6027/02 is hereby deleted and replaced with the following:
The provisions of this By-law shall apply to those lands in Part of Lots 54, 55, 56,
58, Lots 111, 112, 113, Part of Lots 114, 115, 116, 117, Plan 1051, designated
"S3-7" and "OS-HL" on Schedule I attached hereto.
1.2
1.3
Section 5. of By-law 6027/02 is hereby further amended by adding Section
5.(2)(a) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS,HL" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) preservation and conservation of the natural environment, soil and wildlife;
(ii) resource management;
(iii) pedestrian trails and walkways;
Section 5. of By-law. 6027/02 is hereby further amended by adding Section
5.(2)(b) Zone Requirements ("OS-HL" Zone);
No buildings or structures shall be permitted to be erected, nor shall the placing or
removal of fill be permitted, except where buildings or structures are used only for
purposes of flood and erosion control, resource management, or pedestrian trail
and walkway purposes.
SCHEDULE"I"AMENDMENT
Schedule 'T' to By-law 6027~02 is hereby revoked and replaced with Schedule 'T'
attached hereto.
-2-
BY-LAW 6027/02
By-law 6027/02 is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as set out in Section 1 above, and as set
out in Schedule I attached hereto. Definitions and subject matter not specifically
dealt with in this By-law shall be governed by the relevant provisions of By-law
3036, as amended.
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
of ,2003.
day
Wayne Arthurs, Mayor
Bruce Taylor, City Clerk
S3-7
$3-7
$3-7
SCHEDULE T TO BY-LAW
PASSED THIS
DAY OF 2O03
MAYOR
CLERK
~HADE
PRO
WELRUS STREET
ROAD
(ATES LN
SHEPPARD
AVENUE
KINGSTON
ROAD
ROAD
City of Pickering Planning & Development Department
PROPER'PC DESCRIPTION PART OF LOT 55, PLAN 1051, 40R-8947 PARTS 1 & 2
PART OF LOT 5i) PLAN PLAN 1051, 40R.4570, PARTS 4 & 5
LOTS 54, 56, 116, 117 PLAN 1051
OWNER I DATE JAN 16, 2003
FOR DEPARTMENT USE ONLY PN-7 PA-
DRAWN BY JB
CHECKED BY CP
12
INFORMATION COMPILED FROM APPLICANTS
SUBMITTED PLAN -
A26/02 ~?~,~i~.~.-:~, ~ ,~ ~ TO
ROAD
18
13 14
FUTURE EXTENSION OF
18
19
BLOCK
DRAFT PLAN
OF SUBDIVISION
SP-2002-01
7 6 5
3
7~
6A
80
9A
PROPERTIES SUBJECT
TO A26/02
1 A
8A
3A
4A
5A
THIS MAP PYAS PRODUCED BY THE C/FY OF P/CKERINO,
PLANNING & DEFELOPME/V? DEPARTMENT,
INFORMATION & SUPPORT S£RVICE$,
JANUARF l~, 2003.
13
INFORMATION REPORT NO. 03-03
FOR PUBLIC INFORMATION MEETING OF
February 20th, 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 26/02
Marshall Homes
Lots fronting onto the future southern extension on Goldenridge Road,
east of Fairport Road
(Lots 54, 55, 56, 58, 116, 117, Plan 1051)
City of Pickering
1.0
2.0
PROPERTY LOCATION AND DESCRIPTION
- the properties subject of this application are comprised of lands to be created
through land division applications for 6 residential properties located between
Fairport Road and Appleview Road, south of the Dunbarton Creek;
the lands are comprised of the rear portions of two lots located on the east
side of Fairport Road, and the rear portions of three lots located on the west
side of Appleview Road, and one lot located south of Dunbarton Creek, on
the west side of Appleview Road (see Location Map, Attachment #1);
- the subject lands are surrounded by existing detached residential dwellings;
APPLICANT'S PROPOSA[
the applicant proposes to amend the zoning of the subject properties to
'S3-7'- Residential Detached Dwelling, to permit the development of
detached dwellings on lots with minimum lot frontages of 12 metres fronting
onto the future southerly extension of Goldenridge Road,
the applicant's proposed plan is provided for reference (see Attachment #2).
the proposed lots fronting onto the future extension of Goldenridge Road, are
proposed to provide lot frontages greater than 12 metres, lot depths greater
than 30 metres, and lot areas greater than 575 square metres.
14
Information Report No. 03-03
Page 2
3.0
3.1
3.2
3.3
3.4
4.0
4.1
4.2
OFFICIAL PLAN AND ZONING
Durham Regional Official Plan
identifies the sUbject lands as being within a 'Living Area', where development
is intended to be predominantly for housing purposes;
the proposal appears to conform to the Durham Region Official Plan.
Pickering Official Plan
- identifies the subject lands as being located within an 'Urban Residential - Low
Density Area' within the Dunbarton Neighbourhood;
- permissible uses within this designation include residential uses;
the applicant's proposal conforms to the policies of the Plan.
Compendium Document to the Official Plan
the subject properties are subject to the Dunbarton Neighbourhood
Development Guidelines which are Council adopted policies intended to
guide new development in the area in a manner which is compatible with the
existing neighbourhood. These guidelines state that on new internal roads,
only detached dwellings are to be permitted with minimum lot frontages of
12 metres;
the Dunbarton Neighbourhood Development Guidelines indicate that new
developments shall maintain building setbacks consistent with recent
subdivision standards such as front yard depths of 4.5 metres, side yards
widths of 1.2 metres and 0.6 metres.
Zonin.q By-law 3036/00
the subject lands are currently zoned "R3" - Detached Residential Dwelling
Zone, by Zoning By-law 3036, as amended;
the existing zoning permits detached dwellings on lots with minimum lot
frontages of 18 metres and minimum lot areas of 550 square metres;
a zoning by-law amendment is required for the subject lands to allow the
development of detached dwellings on lots with minimum lot frontages of
12 meters fronting onto the future extension of Goldenridge Road.
RESULTS OF CIRCULATION
Resident Comments
none received to date;
A.qencv Comments
- none received to date;
Information Report No. 03-03 Page 3 ~L ,~
4.3 Staff Comments
4.3.1 Background Information
the owners of the subject properties recently submitted applications on 6
existing residential lots to the Region of Durham Land Division Committee to
create 11 new internal lots fronting onto the future extension of Goldenridge Road.
It is anticipated that these new internal lots are to be purchased and
developed by the applicant, Marshall Homes.
Marshall Homes recently submitted, and received draft approval for, Draft
Plan of Subdivision SP-2002-01, and associated Zoning By-law Amendment
Application A 01/02, for the lands adjacent to the subject properties. Draft
Plan of Subdivision SP-2002-01 proposes to develop 20 detached dwellings
on lots with minimum lot frontages of 12 metres, and proposes to construct a
portion of Goldenridge Road. The lands assembled for the draft plan of
subdivision have been zoned 'S3-7' - Residential Detached Dwelling by
amending Zoning By-law 6027/02.
in order to ensure coordinated development with the adjacent Draft Plan of
Subdivision SP-2002-01, the applicant (Marshall Homes) has submitted this
Zoning By-law Amendment Application (A 26/02) to amend the current "R3"
zoning of the subject properties to "S3-7', and to include these lands as part
of Zoning By-law 6027/02.
the City's requirements respecting road construction and the development of
the subject properties will be addressed through conditions of the current land
division applications.
4.3.2 Other Matters
In reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
· ensuring that the proposed development is compatible with, and
developed in conjunction with, surrounding development;
° ensuring that the portion of lands located near Dunbarton Creek are
zoned appropriately.
16
Information Report No. 03-03
Page 4
5.0
6.0
6.1
6.2
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;
- 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
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.
Information Received
a copy of the applicant's submitted plan is available for viewing at the offices
of the City of Picketing Planning & Development Department.
ORIGINAL SIGNED BY
Carla Pierini
Planning Technician
CXP:jf
Attachments
ORIG~'~IAL SIGNED BY
Lynda Taylor, MCIP, RPP
Manager, Development Review
Copy: Director, Planning & Development
APPENDIX NO. I TO
INFORMATION REPORT NO. 03-03
COMMENTING RESIDENTS AND LANDOWNERS
(1) none to date
COMMENTING AGENCIES
(1) none to date
COMMENTING CITY DEPARTMENTS
(1) Planning & Development Department
Excerpts from
Statutory Public Information Meeting
~ ~ ThUrsday, February 20, 2003
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.
(IV)
ZONING BY-LAW AMENDMENT APPLICATION A 26/02
MARSHALL HOMES
LOTS FRONTING ONTO THE FUTURE SOUTHERN EXTENSION
ON GOLDENRIDGE ROAD, EAST OF FAIRPORT ROAD
(LOTS 54, 55, 56, 58, 116~ 117, PLAN 1051)
Carla Pierini, Planning Technician, provided an explanation of the application, as
outlined in Information Report #03-03.
lan McCullough, representing applicant, thanked staff for the report and advised
that he and Craig Marshall were present to answer any questions.
lg
20
nserva mn
for The Livin. City
February 28, 200,3,
BY FAX AND MAIL
Carla'Pierini .,
Planning and Deveiopment Department
City of Picketing
Piokering Civic Complex
One The Esplanade
Picketing, ON L1V 6K7
CFN
Dear Ms. Piedni:
Re,,.
Zoning By-law Amendment Application A 36/02 '
Applevlew Road'and Southern Extension of Goidenridge Road
City of Plckerlng, Durham Region
· (Marhsall Hames)
This letter follows receipt of a Zoning By-law Amendment Application for properties located west
of Appleview Road and on the Future Southern 'Extension of Goldenridge Road, in the City of
· Picketing, Durham Region on January 31,2003, Staff at the Toronto and Region Conservation
Authority C'RCA) have had the opportunity to review the above application and offer the following
comments:
The subject properties are not located within the Authority's Fill Regulated Area or Regional Storm
Floodplain. Hence, a permit under Ontario Regulation 158 (Fill, Construction and Alteration to
Waterways) is not required. However, portions of the subject properties are located within the
Authority's Fill Extension Program and adjacent to a watercourse feature.
Recently TRCA staff commented on Land Division applications to accommodate the development
proposal, As part of these applications TRCA negotiated a maximum 3 metre buffer for aJI lots
adjacent to the top of bank, We also confi~'med that the applicant is prepared to transfer lands
below top of bank and the associated buffer to the Toronto and Region Conservation Authority.
In light of the above, TRCA wouM have no objections to the zoning by-Paw amendment, subject
to the stream corridor and buffer on the subject property being properly reccgnlzed under the
appropriate zoning to protect the watercourse feature from future development. We again
that lands below top-of-bank are to be conveyed, without encumbranoe, to the TRCA.
Furthermore, since the proposal is not subject to any future application and a development
agreement is being finalized to cover the ity of hckenng s interests, we are concerned that TRCA
interests will not be realized and therefore request that this development agreement include the
following:
i) Submission and approval'of a grading plan to the TRCA that illustrates a sediment
control fence being placed between the stream corridor and construction on the
subject property;
5 5horeham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898' www, trca.on.c~ ~-
Carla Pierini
February 28, 2003.
ii>
Submission and approval of a Stormwater Management Report to the TRCA, which
addresses the issues of water quality and quantity in conjunction with adjacent
lands to be developed,
iii) That the applicant enter into negotiations with respect to the transfer of lands below · top-of-bank and the associated buffer to the TRCA.
We trust these Comments are of assistance. Shoutd you have 'any questions, please de not
hesitate to contact Kevin Huang at extension 5307 or the undersigned.
Senior'Planner.
Development Services
Extension 5306
/KH
c.c.: Kevin Huang, TRCA
21!.
F:'~PR$'~Kev{ngO~Publ[c',,Appleview R~:ad Zoning
TOTRL P.02
22
Dunbar~on Nei§hbourhood
Development Guidelines
The following Dunbarton Neighbourhood Development Guidelines were adopted by
Pickering Council on February 19, 1996, through Resolution #23/96, and revised through
Resolution #83/96 on April 15, 1996.
The upgrading of Fairport Road and Strouds Lane to full urban standards, and the presence
of a large number of deep lots has resulted in opportunities for infill development within
this area. To ensure development occurs in a manner that is appealing, orderly, and
consistent with the character of the neighbourhood, new development proposals must
comply with the development and design guidelines described in the accompanying chart,
and must be generally consistent with the attached Neighbourhood Concept Plan.
0
.Z
FINCH
KINGSTON ROI
I NEIGHBOURHOOD CONCEPT PLAN
I ~'' I ~ ~ ~~~
25
HCKE'I iNG
RECOMMENDATION OF THE
PLANNING COMMITTEE
DATE
MOVED BY
SECONDED BY
That Zoning By-law Amendment Application A 15/02, be APROVED, 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.
That the amending zoning by-law to implement zoning By-law Amendment
Application A 15/02, set out in Appendix No. I to Report Number PD 11-03 be
forwarded to City Council for enactment.
PICKERING
REPORT TO
PLANNING COMMITTEE
Report Number: PD 11-03
Date: February 28, 2003
From:
Nell Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 15/02
Metstar Holdings Ltd.
1211 Kingston Road
City of Pickering
Recommendation:
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.
That the amending zoning by-law to implement zoning By-law Amendment
Application A15/02, set out in Appendix No. I to Report Number PD 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 PD 11-03
Subject: MetStar Holdings Ltd. (A 15/02(R))
Date: February 28, 2003
Page 2
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 'Mudhen'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 'Mudhen's Tap & Grill', in January, 2002. Each teletheatre operated
under different ownership.
28
Report PD 11-03
Subject: MetStar Holdings Ltd. (A 15/02(R))
Date: February 28, 2003
Page 3
2.2
2.3
2.4
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.
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.
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.
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; (ii) 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
29
3.0
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.
Applicant's Comments:
The applicant is aware of the recommendations of this Report.
APPENDIX:
Appendix I:
Draft Implementing By-law
Attachments:
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:
Lynda D. Tayl~,, MCIP, RPP
Manager, Development Review
Director, Plann~x Development
EB/LT:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Picketing City Council
~~as O. (~Jnn, Chi~ Admin'l~ativ~ Ofllcer /
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 15/07
32
THE CORPORATION OF THE CITY OF PICKERING
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 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
Picketing; '
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:
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 par[ of this By-law.
AREA RESTRICTED
The provisions of this By-laTM shall apply to those lands in Par[ of Lots 23 and 24
Concession 1, in the City of Picketing, designated "SPCI-I" on Schedule
attached hereto.
GENERALPROVISIONS
No building, land or par[ 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)
(2)
(3)
(4)
"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;
"Body Shop" shall mean an establishment in which motor vehicle bodies
are repaired and / or painted;
"Build-to-Zone"_ shall mean an area of land within which all or part of a
building or buildings are to be located;
"Business .Office" shall mean a building or par[ 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;
(5)
(6)
"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;
"Financial Institution" sh.all 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 br part of a building in
which process food products are cooked, baked, mixed, packaged or
o[herwise 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)
(11)
(12)
(13)
"Fumiture 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;
"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;
"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;
"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) "Liqht Machinen/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;
(16) "Light Manufacturing 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;
33
-3-
34
(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, furniture,
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 Coverage" shall mean the percentage of lot area covered by all
buildings on the lot;
(18)
"Off-Track Betting Teletheatre" shall mean a building or part of a building
in wf~ich 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;
(2O)
"Place of Amusement or Entertainment" shall mean a buildir~g 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;
(24)
(25)
(26)
(27)
-4-
"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
"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 an. accessory vehicle repair shop, but shall not include any
establishment engaged in the retail sale of vehicle fuels;
"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;
(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)
(c)
(d)
(e)
(f)
(g)
(h)
"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;
"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;
"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;
"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;
"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;
"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;
"Flanka,qe 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;
35
PROVISIONS
(1)
Uses Permitted ("SPCI-I" Zone)
No person shall, within the lands zoned "SPCI-I" 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:
36
-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
(j) Jewellery store
(k) Light manufacturing plant
(I) Off-track betting teletheatre
(m) Personal service shop
(n) Place of assembly
(o) Professional office
(p) Restaurant-type B
(q) Vehicle repair shop
(r) Vehicle sales or rental establishment
(s) Warehouse
(2) Zone Requirements ("SPCI-I" Zone)
No person shall within the lands designated "SPCI-I" 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
(b)
(i) LOTAREA (minimum):
(ii) LOT FRONTAGE (minimum):
(iii) YARD REQUIREMENTS (minimum):
(iv) BUILDING HEIGHT (maximum):
(v) OPEN STORAGE:
(vi) LOT COVERAGE (maximum):
PARKING REQUIREMENTS
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
(i)
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-I" on Schedule I to this By-law, shall be restricted to that
area designated "access" on Schedule I to this By-law;
(ii)
-6-
The aggregate of the gross floor area of all buildings on the lot
shall not 3500 square metres;
(iv)
The aggregate of the gross floor area of all restaurants-type B on
the lot shall not exceed 700 square metres;
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)
(vi)
(vii)
The aggregate of the gross floor areas of all off-track betting
tele-theatres on the lot shall not exceed 250 square metres;
Business offices and professional offices shall be permitted only
on the land diagonally-hatched on Schedule Ill to this By-law;
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)
(ix)
Body shops and vehicle repair shops shall be permitted only on
the lands cross-hatched on Schedule III to this By-law;
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)
BY-LAW 3036
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;
(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)
(3)
Definitions and subject matters not specifically dealt with in this By-law
shall be governed by relevant provisions of By-law 3036, as amended.
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.
3?
Bruce Taylor, Clerk
38
'SPCI-1
\ BY-LAW 1727/83
\
\\\,\,
\
LOT 24
SCHEDULE 'r TO BY-LAW
PASSED THIS
DAY OF .2003
~V'~--- LOT 23
MAYOR
CLERK
~.Om SIDE YARD
LOT 24
BY-LAW 1727/83
REAR YARD
40R¥
"~" "~----LOT 23
\
SCHEDULE ff TO BY-LAW.
PASSED THIS
DAY OF 2003
39
MAYOR
CLERK
40
LOT 24
SCHEDULE l'n' TO BY-LAW
PASSED THIS
BY-LAW 1727/$3
-- 40R~-6179 ~j
> \ ~ LOT 23 ,
\ ,
DAY OF
2003
MAYOR
CLERK
SQUARE
ATTACHMENT #~TO
BRANDS COURT
OLENANNA
ROAD
GLENANNA
CULROSS
AVENUE
PICKERI/I
WAYFARER
LANE
BAYLY STREET
TATRA
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 } ~
CHECKED BY GR
I.
FOR DEPARTMENT USE ONLY PN-8 PA-
42
INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN
A15/2002
JBUILDING A
IBU LD ND B
BUILDING C
¢
THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND'
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN SECTION, DECEMBER 19, 2000,
ATTACHt~ENT #~T0
PICKERING
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
1.0
2.0
3.0
3.1
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 Reqional 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;
Information Report No. 02-03
Page 2
3.2
3.3
3.4
4.0
4.1
4.2
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;
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 By-law 3036-00
the subject property is zoned 'SPCI~I' - Special Purpose Commercial
Exception by Zoning By-law 3036-00, as amended;
the 'SPCI-I' currently permits the following uses:
· financial institution; ·
· food preparation plant;
· furniture and major
appliance sales; ·
· home improvement ·
centre; ·
· industrial or ·
commercial equipment o
suppliers; ·
· light manufacturing ·
plant; ·
· vehicle sales or rental
establishment;
the current zoning does not permit 'Personal
warehouse;
commercial-recreational
establishment;
place of assembly;
restaurant - type B;
body shop;
business office;
frozen food shop;
jewellery store;
professional office;
vehicle repair shop;
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;
RESULTS OF CIRCULATION (see Attachment #3)
Resident Comments
none received to date;
Agency Comments
Information Report No. 02-03
Page 3
4.3
4.3.1
4.3.2
Pickering Fire Service
requests that existing buildings meet the
requirements of the Ontario Building and Fire
Codes;
Staff Comments
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;
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
· agencyand department comments.
Information Report No. 02-03 Page 4
5.0
6.0
6.1
6.2
6.3
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;
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
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;
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.
Coml3anv 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
EB:jf
Attachments
Lynda Taylor, MCIP, RPP
Manager, Development Review
Copy: Director, Planning & Development
HCKERING
Excerpts from
Statutory Public Information Meeting
Thursday, January 16, 2003
7:00 P,M.
47
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.
Edward Belsey, Planner II, provided an explanation of the application, as outlined
in Information Report #02-03.
Heinz Mertins, representing the applicant, advised that he was present to answer
any questions.
The Regional
Municipality
of Durham
Plan qing
DeBartment
1615 DUNDAS ST. E.
4TH FLOOR, LANG TOWER
WEST BUILDING
January 21,2003
Ed Belsey, Planner II
Planning & Development Department
One the Esplanade
Pickering, Ontario
L1V 6K7
Dear Mr, Belsey:
Zoning Amendment Application' A.15/02
Applicant: Met-Star Holdings Limited
Location: Part of Lots 23 & 24, Concession 1
Municipality: City of Pickering
P.O. BOX 623
WHITBY. ON L1N 6A3
(905) 728-7731
FAX: (905) 436-6612
ww~_ .regip_n~durham on ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
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 previncial 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 of.the 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 sqpply and sanitary sewer services are available to the subject
pro perry.
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 questi0n's or require additional information, olease call me.
~'SER[/~CE EXCELLENC£
for OUt' COM~UNgTY"
Yours truly?~..
Ray Davies, Planner
Current Operations Branch
R:\t rainlnCrd~zoning\pickerin g a15-02.doo
100% Post Consumer
RECOMMENDATION OF THE
PLANNING COMMITTEE
DATE
MOVED BY
SECONDED BY
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.
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.
5O
REPORT TO
PLANNING COMMITTEE
Report Number: PD 12-03
Date: February 28, 2003
From:
Nell 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:
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.
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
Subject: Zoning By-law Amendment Application A 06/02 (R)
February 28, 2003
Page 2
5t
The recommended 2003 Capital Budget identifies this pr"oject 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
52
Report PD 12-03
Subject: Zoning Byqaw Amendment Application A 06/02 (R)
February 28, 2003
Page 3
Durham Planning Department
Canadian National Railway
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)
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)
- 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
2.1
Discussion:
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 PD 12-03
Subject: Zoning By-law Amendment Application A 06/02 (R)
February 28, 2003
Page 4
53
2.2
2.3
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 Dunbarton 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.
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.
,54
Report PD 12-03
Subject: Zoning By-law Amendment Application A 06/02 (R)
February 28, 2003
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
Subject: Zoning By-law Amendment Application A 06/02 (R)
February 28, 2003
Page 6
55
2.5
3.0
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).
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.
Applicant's Comments:
The applicant is aware of the recommendations of this Report.
APPENDICES:
APPENDIX I:
APPENDIX I1:
Recommended Conditions of Approval for A 06/02(R)
Draft By-law
56
Report PD 12-03
Subject: Zoning By-law Amendment Application A 06/02 (R)
February 28, 2003
Page 7
Attachments:
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:
Manager, Development Review
Approved / Endorsed By:
' MplP,' /
Ned Carroll, R~P
Director, Plan~~& Development
EB/LT:jj
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
.T/l'(o~ J. O~nn, ChieY'Adm~tive (~ficer
APPENDIX I to
REPORT NUMBER PD 12-03
,57
RECOMMENDED CONDITONS OF APPROVAL FOR ZONING BY-LAW
AMENDMENT APPLICATION A 6/02
That the Implementing Zoning By-law:
(a) permit the establishment of vehicle sales and service;
(b)
(c)
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);
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.
APPENDIX II TO
REPORT NUMBER 12-03
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 6107
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER
59
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:
SCHEDULE I
Schedule '1 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 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.
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)
"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 Covera,qe" shall mean the percentage of lot area covered by all
buildings on the lot;
6O
(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 tot 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 tot;
(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)
(f)
"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;
"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;
5. 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
61
(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 1
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;
(i~)
Despite subclause 5(1)(c)(i) above, the display of automobiles in
association with a vehicle sales and service 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;
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 "SC-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 ."(H)" Holding Zone
(i)
Despite the previsions of Clause 5.(1)(a), while the "(H)" holding
symbol is in place, no person shall, within the lands zoned
"(H)SC-35" 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 service 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.
62
(4)
-4-
Removal of "(H)" Holdin.q Symbol
0)
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.
BY-LAW 3036
(1)
(2)
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.
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.
Bruce Taylor, Clerk
3.0r~
LOT 41,
PLAN
1051
63
(H)SC-35
x4.5m
4.5m x
...... BUILDING ENVELOPE
~ BUILD-TO-ZONE
SCHEDULE I TO BY. LAW
PASSED THIS
DAY OF 2003
MAYOR
CLERK
64
# t
---,.,..-,-..-_TO
JD~
WELRUS
ROAD
C.N.R.
ROAD
AVENUE
SUBJECT ~
PROPERTIES
City of Pickering , Planning & Development Department
PROPERTY DESCRIPTION LOTS 127 AND '~ 28, PLAN 11:}51; PART OF LOT 26, RANGE 3, B.F.C. AND
PART OF ROAD ALLOWANCE B-~'WEEN CONCESSION 1 AND RANGE 3. B.F.C.
APPLICATION No, A 06/02(R) SCALE 1:7500 J CHECKED BY -NL"_E~
FOR DEPARTMENT USE ONLY PN-7 PA-
INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN
MERRITTON PROPERTIES INC.
A 06/02
65
KINGSTON ROAD
EASEMENTS
~r~..*i 1 BELL CANADA
PICKERING HYDRO
[i~-~i ENBRIDGE GAS
: DURHAM REGION
~-~ SANITARYAND WATER
STORM DRAINAGE
0
I-
66
PICKERIN
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
June19th, 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
FairportRoad 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 / 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 / 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 19~h, 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.
Information Report No. 26-02
Page 2
6?
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional 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 Pickerin.q 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 ¢ollowing 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 concems 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:
68
Information Report No. 26-02
Page 3
4.0
4.1
· 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 Zoninq By-law 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.
RESULTS OF CIRCULATION
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 A.qencv 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 favourabie recommendation
(see Attachment # 5);
other agency comments received to date indicate no objections, subject to
certain conditions (see Attachments # 6 to 11);
Information Report No. 26-02
Page 4
69
4.3 Staff Comments
4.3.1 Site Plan
4.3.2
4..3.3
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 frorn all three frontages: Kingston Road,
Fairport Road, and Merriton Road;
an application for Site Plan Approwal will also be required prior to
development proceeding, but has not yet been submitted;
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:
(~)
(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;
Development Control Comments
in reviewing the application
following comments:
to date, Development Control provides the
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 PROCEDURALINFORMATION
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;
?0
Information Report No. 26-02
Page 5
6.0
6.1
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
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 Merdton 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 SIGNtiD BY
Edward W. Belsey
Planner II
EB/pr
Attachments
ORIGINAL SIGNI BY
Lynda D. Taylor, MOIP, RPP
Manager, Development Review
Copy: Director, Planning & Development
?t
APPENDIX NO. I TO
INFORMATION REPORT NO. 26-02
COMMENTING RESIDENTS AND LANDOWNERS
(1) Vivian VandenHazei, 1757 Fairport Road
(2) Gall Clow, 1811 Fairport Road
COMMENTING AGENCIES
(1) Toronto and Region ConserVation Authority
(2) Bell Telephone
(3) Veridian Corporation
(4) Canadian National Railway
· (5) Enbridge Consumers Gas
(6) Durham District School Board
(7) Ontario Ministry of Transportation
COMMENTING CITY DEPARTMENTS
(1) Development Control
72
HCK"EI 'I,NG
Excerpts from Statutory Public Information
Meeting
Pursuant to the Planning Act
Wednesday, August 8, 2002
7:00 P.M.
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:
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
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.
Dear Catherine Rose
Re:
Zoning Bylaw Application A006/02
Merriton Properties Inc.
910, 922 and 940 Kingston Rd,
We have some concerns to the plan submitted by the applicant.
C~TY OF PICKI~RtNG
Au~mast 26 2002
73
RECEIVED
:SEP 3 2002
CITy OF PICKERING
PLANNING AND
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
Ambrelea 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 furore 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 rrm parrell on the southside of Kingston Rd. to the
future retention pond.
5)
I would take this opportunity to ask that the City Of Picketing 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
Edi-Belsmj
Thank You
Robert McConachie
760 - 770 Kingston Rd.
Pickering
., onservauon
for The Living City
'February 17, 2003
CFN 32928.05
Mr. Ed Delsey
City of Pickerlng
Picketing Civic Centre
One The Esplan. ado
Pickering, Ontario
LIV 6K7
Dear Mr, Belsey;
Re:
;Zoning By-Law Amendment Application AO0S/02
'Part of'L~t 26, Broken' Front.'Conoession, Range 3
940, 922, 910 Old Kingston Roac[
City Of Plckerlng, Durham Region
(Merriton 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,
The applicant has indicated that while our requirements for on siteerosion control are not
technically feasible 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
Environmental 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 o~ stormwater conditions for this drainage ares, staff.are prepared to support the zoning
by law amendment subje~ 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 trust.that this is satisfactory, if you have any questions please contact is undersigned.
Development Services S'ection
Extension 5306
RW/gc
cc: Alan Kimble, Sabourin Kimble & Associates Ltd.
F :~PRS\C~rresp~PICKERIN'~003\~n;~2g2~ j3,~.w~3cl
The Regional
Municipality
of Durham
Planning
Department
1615 DUNDAS ST. E.
' 4TH FLOOR. LANG TOWER
WEST BUILDING
RO. BOX 623
WHITBY, ON L1N 6A3
(905) 728-7731
FAX: (905) 436-6612
www. reqion.durham.on,ca
A.L Georgieff, i~ClP, RPP
Commissioner of Planning
,,~ ~
'ERVICE EXCELLENCE
/'or our COM&[UNITY"
August 1,2002
Ed Belsey, Planner II
Planning & Development Department
One the Esplanade
Pickering, Ontario
LIV 6K7
Dear Mr. Belsey:
Re:
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 Picl(ering
We have reviewed this application and the following comments are
offered with respect to.compliance with the Durham Regional Official
Plan, the ~roposed 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 design, ated "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 permitted in Living
Areas. Special purpose commercial uses serve specialized needs on an
occasional basis with services and facilities consuming large parcels of
land and reqpiring exposure to traffic. The proposed amendment is in
conformity with the Durham Regional Official Plan.
Municipal water Supply and Sanitarv Sewer Service,~
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 easement to maintain the existing watermains and sanitary sewer.
Transportation
Direct access to Kingston Road will not be permitted. Access isto.be
provided from Fairport Road and Merriton Road, as shown on the
preliminary site plan. The proposed access to Kingston Road must be
100% Post Consumer
Page 2
removed from the site plan.~ The Region. will'evaluate the need for.a
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 provincial, interests appear .to
'be affected.'
If you have any questions or requi're additional informati.on, please call
me.
Yours truly,f,~.~.
Ray Davies, Planner
Current Operations Branch
cc: Rob Roy, Durham Region-Works Department'
R:\t raJnirig~'d~zoning\picketi n g a06-02.doc
Canadian Propri~t~s
NatJanal ferrovJaires du
Railway Canadlen
Properties Inc. National Inc.
277 Front Street West
Floor 8
Toronto, O~t~rio
~V 2X7
Telephone: (416) 217-~61
Fa~lmlle; (4~ ~ 2~ 7-674~
277, rue Front ouest
Toront= (Ontario)
MSV 2X7
77
Tai~13hone; (416) 217-6961
Yal~copleur: (416) 217.6743
'V~ZA FAX,' g05-420-7648
13 August 2002
Mr. Ed Belsey
Planning and Development Department
City of Picketing
One The Esplanade
Picketing ON L1V 6K7
Dear Mr. Belsey:
Your File:
Our File:
A oe/o2
TZ-45O0-P-02
RECEIVED
AUG 1 3 2002
CITY OF PICKERING
PLANNING AND
D ~EVELOPMENT DEPARTMENT
Re:
Proposed REVZSED Zoning By-Law Amendment
902, 910, 922 and 940 Old Kingston Road
MERRTI'ON PROPERT,TI;; TNC. CFormula Ford)
We have reviewed the letter from the City Clerk dated 12 July 2002, regarding the above
noted application and have the following comments:
Any future development adjacent to the railway right-of-way would be expected to
comply with our environmental and safety standards.
The Owner must install and maintain at his own expense, a chain link fence of
minimum ]..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,
Geof~ Woods, B.E.S.
Development Review Coordinator
A whally owned suf~idf~ry of Canadian National I~llway Cbmpany / L~ne Illla[e en propH~ exclu~lv~ de la Compagnie des chamlns de ~r n~onaux du C~nada
78
OPERATIONS & EMERGENCY SERVICES DEPARTMENT
MUNICIPAL PROPERTY & ENGINEERING DIVISION
MEMORANDUM
February 24, 2003
To:
Ed Belsey
Planner II
From:
Richard Holborn, P. Eng.
Division Head, Municipal Property & Engineering
Subject:
Zoning By-law Amendment Application A006/02
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.
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 Iow point on
Fairport Road under the CN bridge (overland flow).
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:
./¢, :'m/~,,-/,..,, ~:/. .......
Ri~ard Hol~6rn, P. Eng.
/
/
Director, Operations & EmergenC~'Se~ices
I:\SITEPLANkA006-02(#2).docFeb-03
73
SABOURIN KIMBLE
& ASSOCIATES LTD.
QONSULTING ENGfNEE~S
February 17, 2003
1 l0 Old Kmg, ston Road, Pickcrlng Village
Ajax, Ontario LIT 2Z9
Tel: (905) 426-9451 Fax: (905)'~t26~9452
l!imail: admin@~ aengineering, com
FILE; 02:992:D#6213
City of Pickering
One The Esplanade
Pickering, Ontario
L1V 6K7
Attention: Mr. E. Delsey
Dear Sir:
SUBJECT:
ZONING BY-LAW AMENDMENT APPLICATION A006/02
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
repor'[ 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 A006/02.
We trust that this is sufficient for your needs at this time, if you should have any
questions, please contact the undersigned.
Yours truly,
SABOURJ~I KIMBLE & Afi~OCIATES LTD.
A,_,I~. Kimble/'P. Eng.
A~KJso ' '
c.c. Fampa Holdings - Mr. P. Rycrofl
Toronto Region Conse~ation - Mr. R, White
80
FICKKRING
RECOMMENDATION OF THE
PLANNING COMMITTEE
DATE
MOVED BY
SECONDED BY
By-laws should be enacted to:
(a)
authorize the acquisition by the City of that part of Lot 15, Concession 1,
Pickering, designated as Part 1, Plan 40R-21669 for road purposes; and
(b)
dedicate that part of Lot 15, Concession 1, Pickering, designated as Part 1, Plan
40R-21669 as public highway and name it "Eighth Concession Road".
REPORT TO
PLANNING COMMITTEE
Report Number: PD 10-03
Date: February 24, 2003
8t
From:
Nell Carroll
Director, Planning & Development
Subject:
Acquisition of Lands/Road Dedicating/Road Naming
- Part of Lot 15, Concession 7, Pickering, designated as Part 1,
Plan 40R-21669
Eighth Concession Road
File: RE0304; Rdded.422
Recommendation:
By-laws should be enacted to:
(a)
authorize the acquisition by the City of that part of Lot 15, Concession 1,
Pickering, designated as Part 1, Plan 40R-21669 for road purposes; and
(b)
dedicate that part of Lot 15, Concession 1, Pickering, designated as Part 1, Plan
40R-21669 as public highway and name it "Eighth Concession Road".
Executive Summary: Not Applicable
Financial Implications: No acquisition cost.
dedicate and name the subject lands were
02-2320-008-04, approved in 2002 Capital Budget.
Administrative costs to acquire,
incorporated into Project Number
Background: In 2002 funds were approved under the Municipal Property &
Engineering Capital Expenditure Budget to:
(a)
(b)
undertake vertical alignment improvements on Eighth Concession Road; and
construct a non-standard turning circle to provide a turnaround for the City's
maintenance vehicles on lands owned privately by Mr. and Mrs. Parkes (the
"Parkes").
82
Report PD 10-03
Subject: Acquisition/Road Dedicating/Road Naming
"Eighth Concession Road"
Date:
February 24, 2003
Page 2
Prior to the onset of the improvement works and the construction of the turning circle,
the Parkes were contacted respecting the conveyance of a portion of their lands for
turning circle purposes and had no objection to the City's request provided that:
(i) the City absorbed all of the associated fees; and
(ii)
in the event the land was no longer required for turning circle purposes, at
some time in the future, the City reconvey it to the Parkes for nominal
consideration.
As the alignment improvements and turning circle have been completed, it is now
appropriate to legally effect the conveyance of the subject land into the City's ownership
and subsequently dedicate it as public highway and name it "Eighth Concession Road".
Attachments:
By-law to authorize the acquisition of the Part I Lands.
Road dedicating/road naming By-law.
Location Mapping/Site Sketch.
Prepared By:
Denise BYe
Coordinator, Property & Development
Services
Approved / Endorsed By:
?
/
Neil Car~:.?/
~imctor, ~hin~ & Development
DB:bg
Attachments
Copy: Chief Administrative Officer
Division Head, Municipal Property & Engineering
Recommended for the consideration of
Pickering City Council
A~ACHMEI~tT # J TO
Re, 0R'r/~ PD~
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a byqaw to authorize the acquisition of
that part of Lot 15, Concession 7, Pickering,
designated as Part 1, Plan 40R-21669 for
road purposes.
WHEREAS, pursuant to the Municipal Act, the Council of The Corporation of the City of
Pickering may pass by-laws for acquiring lands for municipal purposes; and
WHEREAS, the City wishes to exercise that right by acquiring that part of Lot 15,
Concession 7, Picketing, designated as Part 1, Plan 40R-21669 for road purposes.
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute the necessary
documentation to effect the acquisition of the lands described as that part of Lot
15, Concession 7, Pickering, designated as Part 1, Plan 40R~21669 by The
Corporation of the City of Pickering for road purposes and to obtain any/all
easements over such lands that may be required.
BY-LAW read a first, second and third time and finally passed this 17th day of March,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
83
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to dedicate that part of
Lot 15, Concession 7, Pickering,
designated as Part 1, Plan 40R-21669
as public highway and name it "Eighth
Concession Road".
WHEREAS The Corporation of the City of Pickering is the owner of that part of
Lot 15, Concession 7, Picketing, designated as Part 1, Plan 40R-21669 and
wishes to dedicate it as a public highway; and
WHEREAS, pursuant to the Municipal Act, the Council of a local municipality may
pass by-laws for giving names to or changing the names of highways.
NOW THEREFORE, the Council of The Corporation of the City of Pickering
HEREBY ENACTS AS FOLLOWS:
that part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan
40R-21669 is hereby dedicated as public highway; and
that part of LOt 15, Concession 7, Pickering, designated as Part 1, Plan
40R-21669 is hereby named "Eighth Concession Road".
BY-LAW read a first, second and third time and finally passed this 17th day of
March, 2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
INSET I SCALE
1:1000
EIGHTH
% CONCE ~SION
ROAD
SUBJECT
Cityof Pickering ~ PROPERTY
Planning & Development Depar[ment
PROPERTY DESCRIPTION PART LOT 15, CONC. 7, PICKERING DESIGNATED AS PART 1, 40R-21669 1
OWNER CITY OF PICKERING DATE FEB. 16, 2003 DRAWN BY JB ¢
ROAD NAMING AND DEDICATION - EIGHTH CONCESSION ROAD SCALE 1:5000 CHECKED BY DB
FOR DEPARTMENT USE ONLY PN-RU PA-