HomeMy WebLinkAboutPD 28-03
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REPORT TO
COMMITTEE OF THE WHOLE
Report Number: PO 28-03
Date: July 4, 2003
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 11/02
The GIMI Construction Company Ltd.
550 Finch Avenue
Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450
Part of Lot 30, Concession 2
City of Pickering
Recommendation:
1.
That Zoning By-law Amendment Application A 11/02, submitted by GIMI Construction
Ltd., be APPROVED, to permit retail, convenience-commercial, personal service,
business and professional office, bakery and restaurant uses, for 550 Finch Avenue,
being Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450, Part of
Lot 30, Concession 2, City of Pickering;
2.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 11/02, as set out in Appendix I to Report Number PD 28-03 be
FORWARDED to City Council for enactment.
3.
That Council ADOPT a Resolution noting that "the expanded list of uses to
include professional and business office, bakery and restaurant uses is minor in
nature and does not require recirculation of Application A 11/02".
Executive Summary: The applicant proposes to change the zoning on the subject
vacant lands to permit retail, convenience-commercial, personal service, business and
professional office, bakery and restaurant uses on the subject property, located on the north
side of Finch Avenue, east of Rosebank Road (see Location Map - Attachment #1).
Two buildings are proposed to be constructed on the lands with a combined gross floor
area of 806 square metres (see Attachment #2). The proposed uses comply with the
provisons of the City's Official Plan and the subject lands are suitable for the proposed
use.
Several conditions of development necessary to ensure compatibility with adjacent uses
will be addressed through the site plan approval process. It is recommended that the
application be approved.
Report PO 28-03
July 4, 2003
Subject: Zoning By-law Amendment Application A 11/02
Page 2
Financial Implications: Sidewalk construction across the Finch Avenue frontage of
the property is identified as a development charge project, payable in 2004 (total project
cost of $96,525 of which the City's share is $48, 263).
Background:
1.0
Comments Received
1.1
At the November 21, 2002 Public Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #3 and #4)
Richard Ward, former owner of the property, supports the application; and,
a resident expressed concern that commercial uses may attract crime.
1.2
Following the Information Meeting
comments provided verbally to staff by two residents identified concerns with;
. possible loitering of students, hours of operation and increased traffic
due to the proposed uses;
1.3
Agency Circulation
Toronto and Region
Conserva tion Authority
(TRCA) :
In order to protect the wildlife corridor;
- the applicant should install silt and wood
fences during and after construction
along northern property boundary; and,
- direct lighting away from the corridor;
(see Attachment # 5).
Durham Planning Department - the proposal conforms to the Durham
Region Official Plan;
municipal water and sanitary sewer
services are available;
one traffic access to Finch Avenue with
turn lanes from Finch Avenue should be
provided;
- the Rouge-Duffins Wildlife Corridor should
be protected; and,
a subsurface environmental site investigation
is required;
(see Attachment # 6).
Veridian Connections &
Hydro One
no objections.
Report PD 28-03
July 4, 2003
Subject: Zoning By-law Amendment Application A 11/02
Page 3
1.4
City Department Comments
Development Control
Supervisor
The following requirements must be satisfied
prior to site plan approval:
a stormwater management report;
a Finch Avenue storm sewer may be
required with cost sharing and easements;
a sidewalk along Finch Avenue;
- fencing along the Hydro Corridor; and,
a sediment and erosion control plan, a
construction management plan, a soils
report and a Fill/Topsoil permit;
(see Attachment #7).
Municipal Property and
Engineering:
- a sidewalk is required; and,
- relocation of the vehicular entrance to the
east end of the site should be considered;
(see Attachment #8).
2.0
Discussion:
2.1
The application includes an expanded list of permitted uses since the
application was originally circulated.
The rezoning application form submitted by the applicant proposed retail,
convenience-commercial and personal service uses for the lands. However, a
letter accompanying the application also included business and professional
offices, bakery and restaurant as additional requested uses. The notice sign
posted on the site, the Notice of Public Meeting circulated to neighbouring
properties and Information Report No. 33-02 each listed the applicant's proposed
uses as retail, convenience-commercial and personal service uses, being those
uses listed in the rezoning application form.
The applicant has since confirmed that its land use request includes the broader
list of permitted uses. Consequently, this report and the proposed amending
zoning by-law contained in Appendix II, reflect the expanded list of proposed
uses. The public were advised of the full range of requested uses through the
notice circulated to interested parties and residents, advising of the July 28th
meeting date for consideration of the application. Further, the text of Report
PD 28-03 and the proposed amending by-law both provide clarification of the full
list of proposed uses. This change is not considered to be of such significance
as to warrant full recirculation of the application. It is recommended that Council
adopt a Resolution to state that "the expanded list of proposed uses to include
business and professional office, bakery and restaurant uses is minor in nature
and does not require recirculation of Application A 11/02".
Report PO 28-03
July 4, 2003
Subject: Zoning By-law Amendment Application A 11/02
Page 4
2.2
2.3
Proposed use conforms to the Pickering Official Plan
The subject property is designated "Urban Residential - Low Density Area" in the
Pickering Official Plan. This designation permits the proposed retail, convenience-
commercial, personal service, business and professional office, bakery and
restaurant uses to be considered for approval. Approval of the rezoning would
conform with the Pickering Official Plan designation.
In addition, development of the subject site for the proposed uses will be
compatible with the lands to the north that are designated Rouge-Duffins Wildlife
Corridor provided the recommendations of the Environmental Report, dated
August 2002, conducted by Niblett Environmental Associates for the applicant
are implemented through the site plan agreement. A copy of the Environmental
Report may be examined at the Planning & Development Department.
The proposed use also conforms to the Region of Durham Official Plan.
The Site is Suitable for the Proposed Use
The applicant is proposing to develop two buildings on the site for retail,
convenience-commercial, personal service, business and professional office,
bakery and restaurant uses (total 806 square metres gross floor area). As there
are no similar uses currently located in the immediate area, this will provide for
local convenience needs. The proposed uses will be compatible with the
existing surrounding low density residential uses to the east and the south and
the hydro corridor and Rouge-Duffins wildlife corridor uses to the north provided
appropriate buffering, landscaping, fencing and similar mitigation measures
identified in the Environmental Report prepared by Niblett Environmental
Associated Inc. are required through the site plan approval process.
Due to the size, configuration and location of the subject lands, the amount of
floor area for restaurant use should be limited to approximately a quarter of the
total floor area of buildings on the site. The proposed by-law limits the restaurant
use on the subject lands to 220 square metres of gross leasable floor area and
prohibits a drive-thru restaurant.
Sufficient site area is available to accommodate the proposed uses and the
required parking with one direct access provided to Finch Avenue.
The Phase I Environmental Site Assessment of the site, prepared by
Pinchin Environmental concluded that "due to the presence and the unknown
source of fill material on the property, a subsurface investigation was
recommended to determine the presence or absence of contaminants at the
site". Aims Consulting Environmental subsequently conducted a Phase II
Environmental Site Assessment and concluded that the site is suitable for the
proposed commercial uses (see Attachment #9). Copies of the Phase I and
Phase II Environmental Site Assessments may be examined at the
Planning & Development Department.
Report PD 28-03
July 4, 2003
Subject: Zoning By-law Amendment Application A 11/02
Page 5
2.4
The Site Plan Approval Process will address Site Development, Site
Functioning, Urban Design, and Servicing, to be secured through
appropriate agreements.
A proposed site plan was submitted to the City in April 2002. Consideration of
the proposed site plan will proceed once a decision on the zoning amendment is
reached. The proposed 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.
Finch Avenue Sidewalks
The urbanization of Finch Avenue, including a sidewalk 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 that a
sidewalk will be required for this section of Finch Avenue as a development
charge funded project, payable in 2004.
Sidewalks currently located on the south side of Finch Avenue and on the north
side of Finch Avenue to the east of the subject site are shown on
Attachment #10. Provision of sidewalks along the frontage of the subject lands
will provide opportunities for safe pedestrian passage across the front of this
commercial development.
Intersection Improvements
Even with the installation of sidewalks on Finch Avenue, full pedestrian
accommodation will not be achieved until the 'jog' at the Rosebank/Finch
intersection is eliminated and traffic signals are installed. The elimination of the
'jog' is identified in the Rouge Park Neighbourhood policies in the Pickering
Official Plan. Recent approvals for the Rosebank Gardens Inc. draft plan of
subdivision (Application SP 2001-02) and the draft plan of subdivision proposed
by Jocelyn Barber (Application SP 2003-02) emphasize the growing need to
eliminate the 'jog' and signalize the intersection (see Attachment #11).
Through redevelopment of Rosebank Road, north of Finch Avenue, for the
Rosebank Gardens draft plan of subdivision, staff are presently reviewing the
potential 'jog' elimination of Rosebank Road through Finch Avenue. Funding for
the urbanization of Rosebank Road, north of Finch was approved in the City's
2003 capital budget as a development charge funded project (external
subdivision). Elimination of the "jog" with this reconstruction will facilitate
signalization of the intersection when warrants are achieved. However, hydro
corridor lands will be required to implement the new road alignment.
Report PO 28-03
July 4, 2003
Subject: Zoning By-law Amendment Application A 11/02
Page 6
Storm Sewers
In addition, the Finch Avenue storm sewer and outfall may be required prior to
proceeding with this development. Cost sharing and cost recovery for the storm
sewer can be addressed in the site plan agreement. Full details of required road
urbanization will be identified through the site plan process and secured as part
of the site plan agreement.
Sanitary Sewers
The applicant will be required to satisfy the Region of Durham respecting
provision of a sanitary sewer extension from Seguin Square (to the south of
Finch Avenue) to the subject site at the expense of the applicant through the site
plan agreement.
Architectural Details. Heiqht and Odour Suppression
Although the City has received an application for site plan approval, architectural
details of the proposed building designs will be reviewed through the site plan
approval process following adoption of the zoning amendment. In order to assist
with compatibility of the proposed development with residential development to
the east, the implementing by-law restricts building height to generally the same
height as existing dwellings to the east (9.0 metres).
The proposed site plan illustrates buildings located at the west edge and in the
middle of the site. The final location of the buildings will be addressed through
the site plan approval process. However, to ensure that new buildings are set
back adequately from existing residences, a minimum 15 metre setback
requirement from the east lot line has been established in the proposed by-law.
In addition, due to the introduction of restaurant uses, provisions requiring odour
suppressant equipment should be implemented in the site plan agreement.
Lastly, the applicant has advised that the siting of the proposed buildings is the
result of constraints posed by two existing easements. Compliance with the
terms of the easements will also be dealt with through the site plan process.
2.5
Approval of the application is recommended and an amending zoning
by-law should be enacted.
A draft implementing zoning by-law is attached to this report for Council's
enactment (see Appendix II). The by-law provides for a change in permitted
uses from open space uses to retail, convenience-commercial, personal service,
business and professional office, bakery and restaurant uses and appropriate
performance standards for the site.
Report PD 28-03
July 4,2003
Subject: Zoning By-law Amendment Application A 11/02
Page 7
Site functioning, required urbanization of street frontages, conveyance of the
road widening, lighting, landscaping, and other site development standards will
all be addressed at the site plan approval stage, through a site plan agreement.
Recommended conditions of approval for the implementing zoning by-law and
the site plan agreement are outlined in Appendix I to this Report
3.0
Applicant's Comments:
The applicant concurs with the recommendations of this Report.
APPENDICES:
APPENDIX I:
APPENDIX II
Recommended Conditions of Approval
Draft By-law
1.
2.
3.
4.
5.
6.
7.
8.
9.
Attachments:
10.
11.
Location Map
Conceptual Site Plan submitted with Zoning By-law Amendment Application
Information Report 33-02, dated November 21,2002
Minutes of Statutory Public Information Meeting held November 21,2002
Comments from the Toronto and Region Conservation Authority
Comments from Durham Region Planning Department
Comments from Supervisor, Development Control
Comments from Division Head, Municipal Property & Engineering
Phase" Environmental Site Assessment - Executive Summary, AIMS
Consulting Environmental, dated April 15, 2003
Sidewalk Map
Expected development in the Rosebank/Finch area
Report PD 28-03
July 4,2003
59
Subject: Zoning By-law Amendment Application A 11/02
Page 8
Prepared By:
Approved I Endorsed By:
Jt<z /b~,
Steve Gaunt: MCIP, RPP
Planner II
Neil Carro PP
Director, Planning & Development
Lynda Taylor, MC RPP
Manager, Development Review
SG/jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
Th
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f':
APPENDIX I TO
REPORT NUMBER 28-03
RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW
AMENDMENT APPLICATION A 11/02
1.
That the implementing zoning by-law:
a) allow retail, convenience-commercial, personal service, business and
professional office, bakery and restaurant as permitted uses;
b) restrict restaurant use to 220 square metres of gross leasable floor area;
c) prohibit drive-thru restaurants;
d) establish a maximum building height of 9.0 metres; and,
e) establish a minimum east yard width of 15.0 metres.
2.
That the site plan agreement include requirements such as, but not
restricted to:
a) odour suppressant equipment for any restaurant use in the property;
b) sidewalks along the frontage of the subject lands;
c) provision of a Finch Avenue storm sewer and outfall, as required;
d) provision of road urbanization, as required;
e) provision of sanitary sewer extension, as required; and,
f) provision of a road widening across the Finch Avenue frontage to 15
metres from the center-line of Finch Avenue.
APPENDIX II TO
REPORT NUMBER 28-03
DRAFT BY -LAW
FOR
ZONING BY-LAW AMENDMENT APPLICATION A 11/02
THE CORPORATION OF THE CITY OF PICKERING
DRAFT
Being a By-Law to amend Restricted Area By-law 3036, as amended,
to implement the Official Plan of the City of Pickering, Region of
Durham, in Part of Lot 30, Concession 2 (Parts 1 and 3 of Plan
40R-10641 and Part 2 of Plan 40R-11450), City of Pickering (A 11/02)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
change the zoning of the lands to permit the establishment of retail, convenience- commercial,
personal service, business and professional office, bakery and restaurant uses on the
subject lands;
BY-LAW NUMBER
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE CORPORATION OF THE COUNCIL OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1.
2.
3.
4.
SCHEDULES I & II
Schedules I & " attached hereto 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 30,
Concession 2 (Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450),
City of Pickering, designated "C18" on Schedule I attached hereto.
GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected,
moved or structurally altered except in conformity with the provisions of this
By-law.
DEFINITIONS
In this By-law:
(1 )
"Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to or designated to appeal to
erotic or sexual appetites or inclinations;
(2)
"Bakery" shall mean a building or part of a building in which food products
are baked, prepared and offered for retail sale, or in which food products
baked and prepared elsewhere are offered for retail sale;
(3)
"Business Office" shall mean a building or part of a building in which the
management or direction of a 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;
(4)
"Dry Cleaninq Depot" shall mean a building or part of a building used for
the purpose of receiving articles, goods or fabrics to be subjected to dry
cleaning and related processes elsewhere, and of distributing articles,
goods or fabrics which have been subjected to any such processes;
(5)
"Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged, and which includes a
chartered bank or a branch thereof;
(6)
OIAFT
(a) "Floor Area" shall mean the aggregate of the floor surface contained
within the outside walls of a storey; .
-2-
(b) "Gross 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;
(c) "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;
(7)
"Laudromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
(8)
"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 dressmaking shop or a photographic
studio, but shall not include a bodyrub parlour as defined in The Municipal
Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any
successor thereto;
(9)
"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, R.S.O. 1980,
Chapter 302, as amended from time to time, or aáy successor thereto;
(10) "Restaurant - Type A" shall mean a building or part of a building where
food is prepared and offered or kept for retail sale to the public for
immediate consumption on the premises or off the premises, or both on
and off the premises; and,
(11) "Retail Store" shall mean a building or part of a building in which goods,
wares, merchandise, substances, articles or things are stored, offered or
kept for retail sale to the public.
5.
PROVISIONS
(1 )
Uses Permitted ("C18" Zone)
(2)
No person shall, within the lands designated "C18" on Schedule I hereto,
use any lot or erect, alter or use any building or structure for any purpose
except the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
bakery;
business office;
dry cleaning depot;
financial institution;
laundromat;
personal service shop;
professional office;
restaurant, type A;
retail stores.
Zone ReQuirements ("C18" Zone)
No Person shall, within the lands designated "C18" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
-3-
DIAFT
(a) BUILDING RESTRICTIONS
(i) Buildings and Structures shall be located entirely within the
Building Envelope illustrated on Schedule 1/ attached to this
By-law;
(ii) For the purpose of this clause, the building envelope shown on
Schedule 1/ attached hereto shall be measured from the
property lines;
(iii) Building Height: maximum 9.0 metres.
(b) OPEN STORAGE
All uses, other than parking, shall take place entirely within enclosed
buildings or structures with no outside storage or display permitted.
(c) PARKING REQUIREMENTS
(i) A minimum of 5.5 parking spaces shall be provided and
maintained on lands zoned "C18" on Schedule I attached to this
By-law for every 1 00 square metres of gross leasable floor area
or part thereof;
(ii) Clauses 5.21.2 (a), (b), (c) and (e) inclusive, of Bylaw 3036, as
amended, shall not apply to the lands zoned "C18" on Schedule
I attached hereto;
(iii) Despite Clauses 5.21.2 (g) and 5.21.2 (k) of By-law 3036, as
amended, all entrances and exits to parking areas and all
parking areas shall be surfaced with brick, asphalt, or concrete
or any combination thereof; and,
(iv) All parking spaces shall be set back a minimum of 3.0 metres
from Finch Avenue and the easterly boundary of the lands
zoned "C18" on Schedule I attached to this By-law.
(d) SPECIAL RESTRICTIONS:
(i) No drive-through facility shall be permitted in association with
any of the uses permitted on the lands designated "C18" on
Schedule I attached hereto; and,
(ii) The gross floor area of restaurant Type 'A' uses on the lot shall
not exceed 220 square metres.
6.
BY-LAW 3036
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 Schedules "I" & "II" attached hereto. Definitions and subject matters
not specifically dealt with in this By-law shall be govemed by the 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
,2003.
day of
Bruce Taylor, Clerk
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PROPERTY DESCRIPTION CON 2 PT LOT 30 NOW RP 40R-10641 PART 1-3 AND RP 40R-11450 PART 2
OWNER GIMI CONSTRUCTION CO. LTD. DATE JUNE 27, 2003 DRAWN BY JB
FILE No. A 11/02 SCALE 1 :5000 CHECKED BY SG
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FOR DEPARTMENT USE ONLY
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ATTACHMENT ,::? TO
REPORT' PO ;;( <,? . 0 3
PLAN OF SURVEY OF
PART OF LOT 30, CONCESSION 2
TOWNSHIP OF PICKERING
COUNTY OF ONTARIO
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PROJECT DATA
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AREA OF sm: - 3714 aq.m. (39980 aq.fI.)
AREA OF ROAD WlOENING - 601 aq.m. (6470 oq.IL)
LANDSCAPE AREA - 8D6 oq.m. (8678 aq.IL) - 21.7:':
(a.eludlng road wldsning)
LOT
FLOOR AREA (Grooo)
- (A) 218 oq.m. (2346.6 oq.fI.)
- (B) 58B oq.m. (6329.4 oq.fI.)
- 806 oq.m. (8878 sq.fI.)
- 21.7:C; 01 sits area
TaTAL GROSS FLOOR AREA
'(coverage)
PARKING REQUIRED - 5.5 parking spoco/1oo oq.m.
BOB oq.m - 4S parking opacoo
PARKING PROVIDED
47 parking opacaa + 2 loading spaces
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ATTACHMENT ,:3 TO
REPORT , PO ,:;¡ g - 0 3
Ciit¡ 0#
INFORMATION REPORT NO. 33-02
FOR PUBLIC INFORMATION MEETING OF
NOVEMBER 21sT, 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 11/02)
The GIMI Construction Company Ltd.
550 Finch Avenue
Parts 1 and 3 of 40R-10641; and Part 2, 40R-11450
Part of Lot 30, Concession 2
City of Pickering
1.0
PROPERTY LOCATION AND DESCRIPTION
2.0
3.0
3.1
- the subject property is located on the north side of Finch Avenue, east of
Rosebank Road, west of Ameretto Avenue (see location map, Attachment #1).
APPLICANT'S PROPOSAL
- the subject property is approximately 0.3 hectares in area;
- the applicant is proposing two buildings with an approximate total floor area of
806 square metres (8,675 square feet). Building A is approximately
218 square metres and Building B is approximately 588 square metres
(see Applicant's Submitted Plan, Attachment #2).
- the applicant proposes to change the zoning on the subject property to permit
retail, convenience commercial, and personal service uses;
- the applicant has also submitted an application for Site Plan approval
(file # S-005/02).
OFFICIAL PLAN AND ZONING
Durham ReQional Official Plan
- subject property is designated as "Living Area" and "Open Space Linkage" in
the Durham Region Official Plan;
Information Report No. 33-02
ATTACHMENT I 3 TO
REPORT I PO ~f?^o 3
Page 2
- the Region of Durham Planning Department will provide comments regarding
conformity with the Durham Region Official Plan, servicing and delegated
Provincial review responsibilities.
3.2
Pickerin~ Official Plan
- the subject property is designated "Low Density - Urban Residential" in the
City of Pickering Official Plan;
- the "Low Density - Urban Residential" designation permits primarily housing
and related uses and activities. However, compatible employment uses, and
compatible special purpose commercial uses serving the surrounding area
are also permitted;
Section 3.9(b) of the City of Pickering Official Plan states that City Council
may zone to permit the above-noted uses, and in doing so, will apply
appropriate performance standards, restrictions and provisions;
Section 3.9(c) of the City of Pickering Official Plan states that in establishing
performance standards, restrictions and provisions, particular regard shall be
had for the following:
0 protecting and enhancing the character of the established
neighbourhoods, considering such matters as building height, yard
setback, lot coverage, access to sunlight, parking provisions, and
traffic implications;
0 restricting the size height and/or floorspace of non-residential
development in response to provisions specified in a Part Three
Neighbourhood Plan to prevent excessive commercial development, or
where neighbourhood character and/or environmental constraints
warrant;
- the subject property is located within the "Amberlea Neighbourhood" of the
City of Pickering Official Plan;
3.3
Zonin~ By-law 3037
- the subject property is currently zoned "02" - Public and Private Open Space Zone,
in Zoning By-law 3036, as amended;
- the "02" zone permits such uses as parks, walks, statues, fountains play lots,
playfields, playgrounds, athletic fields, etc.;
retail, convenience commercial, and personal services uses are not permitted
under the current zoning;
a zoning by-law amendment is required to permit the proposed uses.
4.0
RESULTS OF CIRCULATION
4.1
Resident Comments
none received to date;
Information Report No. 33-02
ATTACHMENT # 3 TO
REPORT # PO ,!';) f? -0 3
Page 3
4.2
AQency Comments
none received to date;
4.3
Staff Comments
4.3.1 Information Submitted by the Applicant:
Environmental Report
- the subject property backs onto the Rouge Duffin's Wildlife Corridor identified
on Schedule III to the City of Pickering Official Plan;
Section 15.9 of the Official Plan requires that an environmental report be
completed for the subject property because it is located within 50 metres of
the Rouge Duffin's Wildlife Corridor;
- the Environrrental RepJrt prepared for the applicant by Niblett Environræntal Associates Inc.
concluded that the proposed development will not have an impact on the
features and functions of the Rouge-Duffins Wildlife Corridor, provided the
following mitigation measures are implemented:
1. Use and storage of heavy equipment, stockpiles, debris and site
grading should not occur outside of the property boundary;
2. The property boundary should be clearly marked and staked prior to
site grading. Temporary silt fencing would help operators visually to
avoid entering the corridor;
3. use of diffuse lighting and directing lighting away from the corridor
(facing south) to limit pollution of the corridor. Security lighting should
be diffuse and splash onto the paved areas only;
4. A solid wooden fence should be constructed along the entire northern
boundary of the development to prevent light pollution and disturbance
to the wildlife using the corridor;
5. A wildlife-monitoring program is not recommended for this
development due to the small scale of the development and adjacent
development.
Phase I Environmental Site Assessment (ESA)
City Staff understand that, due to filling and grading on the subject property,
as well as unknown former land uses, a Phase I Environmental Site Assessment
(ESA) was needed to determine potential contamination on the subject
property;
- the Phase I ESA prepared for the applicant by Pinchin Environmental,
submitted with the rezoning application, concluded that "due to the presence
and unknown source of the fill material on [the subject property], a subsurface
investigation is recommended to determine the presence or absence of
contaminants at the Site".
Information Report No. 33-02
ATTACHMENT #- :3 TO
REPORT # PO B ~ -03
Page 4
4.3.2 Staff Comments
In reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
0 appropriateness of the site for the proposed use;
0 development constraints;
0 compatibility with surrounding land uses;
0 impact on surrounding land uses;
0 servicing constraints;
0 conformity with the City of Pickering Official Plan, the Durham Region
Official Plan and other applicable policies;
0 impact on Amberlea Neighbourhood;
0 review of Phase I Environmental Site Assessment regarding potential
site contamination;
0 review of the Environmental Report regarding impact on
Rouge-Duffin's Wildlife Corridor; and
0 agency and department comments.
approval of the Site Plan application is also required prior to development
proceeding.
5.0
PROCEDURAL INFORMATION
- written comments regarding this proposal should be directed to the
Planning & Development Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Councilor a Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
6.0
OTHER INFORMATION
6.1
Information Received
- copies of the following information submitted by the applicants are available
for viewing at the offices of the City of Pickering Planning & Development
Department:
0 applicant's submitted conceptual site plan;
0 Phase I Environmental Site Assessment (ESA);
0 Environmental Report.
Information Report No. 33-02
ATTACHMENT I '3 TO
REPORT # PO r.2t6,.. 0 3
Page 5
6.2
Company Principal
- Mitko Stankovsky is President of The GIMI Construction Co. Ltd.;
- The GIMI Construction Co. Ltd. is the registered owner of the subject
property;
- Bob Martindale, Martindale Planning Services, is the agent for the Zoning
By-law Amendment application;
- Suu-Dda Patkar, Suu-Dda Patkar Architectural Corporation, is the agent for
the associated Site Plan application (File # S-005/02).
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Edward W. Belsey
Planner II
Lynda Taylor, MCIP, RPP
Manager, Development Review
EB:td
Attachments
Copy: Director, Planning & Development
2.
3.
4.
Statutory Public Information Meeting
ATTACHMENT #_'i--. ~hursday, NOVember7~~Ò ~~~~
REPORT # PD".~"~.:Q.3.""-
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.
(III)
ZONING BY-LAW AMENDMENT APPLICATION A 11/02
THE GIMI CONSTRUCTION COMPANY LTD.
550 FINCH AVENUE
PARTS 1 AND 3 OF 40R-10641; AND PART 2, 40R-11450
PART OF LOT 30. CONCESSION 2
1.
Edward Belsey, Planner II, provided an explanation of the application, as outlined
in Information Report #33-02.
Mr. Sulaiman, 1528 Sequin Sq., resident across the street from this property,
questioned if this application will affect the neighbourhood. He stated his
concern with the possibility of crime.
Richard Ward, 3709 Regional Road 9, Orono, requested residential or
commercial for this property in 1986 when he was the owner. He was advised at
that time that residential was not suitable for the area. He stated his support of
this application for commercial. Further environmental assessment is not
required as he placed excellent topsoil on the land in 1986.
Bob Martindale, agent for the applicant, feels that this commercial development
will be beneficial to the neighbourhood.
Belsey, Edward
ATTACHMENT (I 5 TO
REPORT # PO :< f1 - 0 3>
From:
Sent:
To:
Subject:
David_Lawrie@trca.on.ca
November 19, 2002 4:01 PM
Belsey, Edward
Zoning By-law Amendment, A 11/02
Dear Mr. Belsey,
Our Staff Ecologist has reviewed the Environmental Report submitted to
us by
Niblett Environmental Associates Inc. for the Pickering Commercial
Development
Part Lot 30, Concession 2 in the City of Pickering. TRCA offers the
following
comments for the upcoming Public Meeting on November 28th, 2002:
1. All works should be limited to the subject
should be
installed along the northern property boundary
into the
wildlife corridor during construction¡
property. A silt fence
to prevent encroachment
2. Diffuse lighting should be directed away from the corridor (facing
. south) ¡
and, a solid wood fence should be installed along the entire northern
property
limit to prevent encroachment once the commercial facilities have been
¡:,onstructed.
I hope this helps.
David
416-661-6600 ext 5268.
1
The Regional
Municipality ,
of Durham
Planning
Department
1615 DUNDAS Sf.. E.
4TH FLOOR, LANG TOWER
, WEST BUILDING
, P,O, BOX 623
WHITBY,ON L 1N6A3
(905) 728-7731 ,
FAX: (905) 436-6612 .
www,region,durham,on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
'ATTACHMENT i tv ,,'TO
REPOR1 # PO d g ~o3
November 12, 2002
, Ed 'Belsey, Planner II ,
Planning &Development Department
One the ,Espl~naçfe'
Pickering, Ontario
L1V 6K7'
, RECEIVED
NOV 1 32002
CITY OF PICKEFlING
PLANNING AND' .
, DEVELOPMENT DEPARTMENT
Dear Mr. Belsey:
Re:
, ,
, ,
Zoning Amendment Application A 11/02
Applicant:, GIMI Construction GO. Ltd.
Location: Part of Lot 30, Concession, 2
Municipality: , City of Pickering' '
We have revieyved this application 'and thefoilowing comments are
offered with respect to compliance with the Durham'Regional Official
Plan, the proposed method of servicing and delegated provincial plan
review responsibilities. " "
" ,
The purpose of the application is to rezone the sUbject property to permit
retail, 'convenience commercial, and personal service uses.
Durham Reqional Official Plan
The subject property is ,designated "Living Area", in the Durham Regional,
Official Plan,: Limited office development and retailing of goods and, .
services are permitted within this designation, in app'ropriate locations.
These uses are permitted as components of mixed us'e developments, , ' ,
provideclthat Community and Local Central Areas are designated in the
'areá municipal officiE J plan, and the functions and characteristics of t~e.
Central Areas are not adversely ,affected. The proposed amendment.is
in conformity, with the Durham Regional Official Plan. ','
'. , '
Method of Serviclnq , '
. Municipal watersupply is available to the property. Sanitary sewer' ,
service', however, is not immediat~lyavailable. Sanitary sewer service'
mustb.e extended from Seguin Square to the, site at full expense to the
applicant.' " ,
, " .
The subject property will be. permitted one direct access to Finch,
,Avenue. The construction of auxiliary lanes on Finch Avenue, consisting,
of an eastbound left-turn lane and a westbound right-turn lane. will, be
required to service thè sl!bJect prqperty. The applicant will also be
, "SERV1CE EXCELLENCÈ
, ¡Uf'Pclfr,COMM,JJN1TY"
*
,100% Post Consumer
ATTACHMENT # ?" TO
REPORT' PO '~f? ~ 0 .~
. ("N?~"'" CJ:.~"i~---:'- -:---fA "---C---_.~-'--~'~'-
ii, _.,-' . ;9 ',' " -,~,' 0, /.5, wt.£ ',"4- ~/'C
',!?~~~~,~ t'(.I¿,~/!1~~~!?~ '
t?4<f/~~ o-rd,e~~'h~p.age?7 .' ,,'
, ,~ ,-SZ2~ ,,/Iþ--¿ ~j¿'- G7t /?~,",,";.t,,~,;A'/' t-vti./4
required to satisfy th Region $ roa, wi ening rsquirem~n -WI' respec -~, '
, to the conveyance of 'road widen~ng across the Finch .Avenue frontage
to provide for an 18.0 metre right-of-wa , orth of the centreline of Finch
Avenue', -' '-" , '
Provincial Plan Review 'Responsibilities
, ,
, ' , ,
This application has been screened in accordance with thE3 terms of the
provincial plan rev¡ew'r~sponsibilities. The subject property abuts the -
Rouge'-DuWns Wildlife'Corridor.. ~n Environmental Report submitted by
theapplicant indicates that if the recommended mitigatiòn measures arè
implemented the proposal will not impact the features àl!d functions' of
the Corriqor. The Reporfs recommendations should be implemented to
" protect the ecological function and natural features of this Corridor. '
" ,
A Pl)åse I Env,ironmental, Site Assessment was completed for the ,subject
'property.' It concluded that a subsurfé3.ce investigation is recommended,
, to determine ,the presence or absence of contaminants on the site. No'
further provincial interests appear to be affected by this próposal.
If you have any questions or require additional' information, please call
me. ' ,- , ,
Yours truly,
~&
, Ray Davies, Planner, '
',Current Operations Branch
cc. Pete Castellan, Durham Region Works Department
-"
R:\training\rd~oning\plckering aj 1-02.doc
.RECEIVED
N OV 1 ,3 2002 . ¡
I
!
~-~"--..;. """\'~'---":i j"
RMD WORKS DEPT
The Regional
Municipality
Of Durham
Works
Department
PO BOX 623 .
105 CONSUMERS DR,
WHITBV ON L1N SA3
CANADA
(905) 6S8.7721
~ax: (905) 668.2051
E-Mail
workstff!rej1ion,durham.ol'l.ca
www.region,durham.on,!<a.
J.t<. McCarlcell, P. Eng.
':ommissioner
of Werles
Fax:9056682051
Jun 262003 11:34
b TO
;;¡ 8 -03_-
P.02
ATTACHMENT #
REPORT # PO
To:
Ray Davies
Pete Castellan
Planning Department
Development Approvals Division
From:
Date:
November 8, 2002
Zoning By-Law Amendment Appliça.tion All/OR E eEl V E D
GIMl Construction Co. Ltd.
Part of Lot 30, Concession 2
550 Pinch Avenue
City of Pickering
OUf File No: RZ.16/021P
Re:
JUN 2 6 2003
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
The Regional Works Department has reviewed the above mentioned site plan
application and offers the following comments.
The proposal submitted by the applicant is to rezone the subject property from "Low
Density - Urban Residential" to a zoning which wì1l permit retail, convenience
commercial and personal service use for the .1ands at the above noted address.
Municipal water suppLy is available to the property from a 300 mm watermain on
Finch Avenue. Sanitary sc::wer servicing is not immediately available; therefore the
sanitary sewer must be extended from Seguin Square to the site at full expense to the
applicant.
As a condition of site pLan approval the owner will be required to pay a Water Main
Frontage Charge of$l2~S73.9l (412.53' @ $30.48 per ft.) and the actual cost for the
water service connections prior to issuance of building permits.
The Transportation Division of the Works Department wishes to advise that the
applicant will be permitted one direct access only to Dundas Street. We will require
the construction of auxiliary lanes an Finch A venue, consisting of an eastbound left
turn Jane and a westbound right turn lane, to service the subject property. The
applicant will be required to submit a detailed geometric design drawing and cost
estimate Llpon submission of a site plan.
Furthennore~ the applicant will be required to satisfy our road widening requirements
with respect to the conveyance of a road widenitîg across the Finch A venue frontage
to provide for an 15.0 metre right-of-way north of the centerline of Finch Avenue.
Please note that Regional Commercial Development Charge Levies witI apply at the
building permit stage based on the gross floor area ofthe building being constructed.
Subject to the above, the Region has no objeçtion to further proçeaSÎng of the aite
plan application.
We trust the above is satisfactory; nevertheless) should you require additional
infonnation, please contact the undersigned.
Yours truly,
Pete astelLan
Development Approvals Division
ATTACHMENT # '7 TO
REPORT # PO ~ .8 -0 .~.
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
May 27, 2003
To:
Steve Gaunt
Planner II
From:
Robert Starr
Supervisor, Development Control
Subject:
Zoning By-law Amendment Application A 11/02
The Gimi Construction Company Ltd.
550 Finch Avenue
Parts 1 and 3, 40R-10641 and Part 2, 40R-11450
Part of Lot 30, Concession 2
City of Pickering
We have reviewed the above-noted application and provide the following
comments:
1) A Stormwater Management Report will be required for this site and for
external drainage areas to the north. This Report will need to detail quantity
and quality requirements for this development. Initial details of the Finch Ave.
storm sewer and outfall were developed as part of the approval process for
Draft Plan SP 2001-02 (Rosebank Gardens, Rosebank Rd. and Finch Ave.).
The installation of the Finch Ave. storm sewer and outfall may be a
requirement prior to this development proceeding. An agreement will be
required between the applicant and the City to determine cost sharing and/or
cost recovery for these works. Easements may be required by the City for
stormwater management purposes.
2) A sidewalk will be required on Finch Ave. fronting the site. This has been
identified as a development charge project and cost recovery for this item will
be addressed in an agreement with the City.
3) Fencing will be required between these lands and the Hydro Corridor.
4) A Sediment and Erosion Control Plan will be required for this site.
5) A Construction Management Plan will be required for this site and should
address items as indicated on attachment.
6) Utility relocations and/or installations will be the applicant's responsibility.
7) A Soils Report is required for this site. It must also contain information on
Finch Ave. if the storm sewer installation becomes part of this development.
Zoning By-law Amendment Application A 11/02
The Gimi Construction Company Ltd. ATTACHMENT # 7 TO
REPORT # PO ;;1. &" - 0 3
May 27, 2003
Page 2
8) City of Pickering has recently passed a Fill and Topsoil Disturbance By-law
which restricts certain works on this site until agreements are in place or a
Fill/Topsoil Permit has been issued. A copy of that By-law No. 6060/02 and
Permit Application are provided with these comments and should be
forwarded to the applicant.
Robert Starr
RS:bg
J'\Oocum~.\O""oIopm~t C"',""",OBSrARR\ap~-'Glml C~b"ucUon Zoning Amendment.doc
Attachment
Copy: Coordinator, Development Approvals
2
ATTACHMENT' ~ ~---TO
REPORT # PO ~ '2,
OPERATIONS & EMERGENCY SERVICES DEPARTMENT
MUNICIPAL PROPERTY & ENGINEERING DIVISION
MEMORANDUM
July 29, 2002
To:
John McMullen
Senior Planner - Site Planning
From:
Richard Holborn, P. Eng.
Division Head, Municipal Property & Engineering
Subject:
Site Plan Application S05/02 - WARD 1
Gimi Construction
550 Finch Avenue
Part of Lot 30, Concession 2
City of Pickering
The Municipal Property & Engineering Division is in receipt of the above noted
site plan for the development of two commercial buildings.
I provide the following comments.
. This Division is requesting that the applicant consider re-Iocating the
property entrance to the east end of the site where it can better serve the
majority of the allocated parking spaces and also allow for a longer throat
to accommodate additional vehicle stacking.
. A sidewalk is required to be constructed across the Finch Avenue
frontage of the property.
. Details need to be provided with respect to the storm sewer outfall for the
internal drainage system.
RH:ds
Copy: Director, Operations & Emerg
I: \SITEP LAN\S05 -02. docAug -02
I'
I
AÃMS
ATTACHMENT # c¡ TO
REPORT # PO c5< g - ô .3
AiMS Consulting Environmental
1020 Denison Street Unit 111
Markham, Ontario L3R 3W5
Tel: (905) 474-0058 Fax: (905) 474-0601
web site: www.almsconsuiting.com
April 15, 2003
Report No. AR134-03
Mr. Mitko Stankovski
The Gimi Construction Company Ltd.
59 Beckenridge Drive
Markham, Ontario
L3S 2V4
Dear Mr. Stankovski
i
1 ".
} !\!1py",
ii I Id U" ') "
. " ¿Ot., ,
1 "'- - 1/,,1
¡ C¡ t'y OF P ..
f -. PI "N. fCI"
i~,~_,.
EXECUTIVE SUMMARY
Phase II Environmental Site Assessment
550 Finch Avenue
Pickering, Ontario
Weare pleased to present our report of a Phase II Environmental Site Assessment (ESA)
of the above-referenced property. The work was authorized by Mr. Mitko Stankovski on
April 2, 2003.
It is understood that the subject property is contemplated for a commercial development
and the Phase II ESA was required for site re-zoning purposes. The [IDdings presented in
this report may be used for this purpose subject to the limitations mentioned herein.
The subject 0.86-acre triangular-shaped property is presently vacant and covered with
sparse vegetation. The site elevation varies throughout and is generally higher than the
surrounding properties. The surrounding areas are partially developed with residential and
institutional land uses including hydro corridor contiguous with the north property line.
There are no gasoline service stations or industrial land uses in the vicinity.
Historically, the site has remained undeveloped over the years. Approximately 40
truckloads of imported fill materials and topsoil from a construction site were reportedly
placed on the site in 1986.
Based on our review of a Phase I ESA Report prepared by Pinchin Environmental dated
October 16, 2002, potential sources of subsurface contamination identified in association
with the subject property included imported fill materials and topsoil of undetermined
quality underlying the subject property. .
~ Prof~sjonal Engineers
V' Ontano
Authorized by the Association of Professional Engineers
of Ontario to offer professional engineering services.
I
I
I
I
I
ATTACHMENT # "c¡ TO
REPORT # PO ~ g- -03 .
-~- -.-.. .
Phase II Environmental Site Assessment
550 Finch Avenue. Pickerin2, Ontario
ü
Report No. AR134-03
April 2003
The aforementioned concerns were investigated in the course of our Phase II ESA, which
entailed four sampled boreholes advanced to depths o~ 1.2 to 1.5 m below grade.
The observed stratigraphy generally comprised surficial sod and fill materials overlying
a major silty sand stratum. . Fill materials, which were encountered in all boreholes,
comprised light brown silty sand to clayey silt with some gravel; topsoil pockets and
scattered rootlets. No petroleum odours were observed in any of the boreholes, and no
elevated concentrations of volatile hydrocarbons were measured upon screening the soil
samples with a portable organic vapour monitor (OVM).
Laboratory analyses on representative soil samples indicated that the reported contaminant
concentrations in all soil samples analyzed complied with the Ministry of the Environment
(MOE) Guideline for Use at Contaminated Sites in Ontario (updated 1998) criteria for
commercial land uses. The numbers also met the Table F background criteria.
Based on these [IDdings we conclude that no adverse subsurface impacts to the subject
property have been identified in association with the aforementioned potential
environmental concerns during our Phase II ESA. Therefore, in our opinion, the site is
suitable for the proposed commercial uses, and no special provisions need to be made for
soil disposal during the site grading and foundation excavations.
We trust you will [md this report to be complete within our terms of reference. Should
you have any questions regarding the information contained in the report, or require
further assistance, please contact our office.
Sincerely
AiMS Consulting Environmental
~. ~ > \~~\y~.
\V \j~
Mohamed M. Jagani, P.Eng., PE
Project Manager
A ~ftJl~
SID EW ALK MAP
ATTACHMENT' /0 TO
REPORT' PO ~ g-o3
City of Pickering
Planning and Development Department
~ sidewalks
~
THIS MPf' WAS PRODUCED BYU TI£ CITY OF PICKERING Pf.ANNING AND
DEVELOPMENT DEPARTMENr JUL Y 3, 2=
RK-DURHAM
-:-(0<:(1..0
~
ATTACHMENT'
REPORT' PO
JOCELYN BARBER
SUBDIVISION APPLICATION
SP 2003-02
APPLICATION IN PROCESS
37 DWELLINGS
ROSEBANK GARDEN HOMES INC.
SUBDIVISION APPLICATION
SP 2001-02
APPROVED
67 DWELLINGS
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Planning & Development Department
City of Pickering
EXPECTED DEVELOPMENT IN FINCH/ROSEBANK AREA
l'
DATE JUNE 30, 2003