HomeMy WebLinkAboutPD 03-04
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REPORT TO
PLANNING COMMITTEE
Report Number: PD 03-04
Date: December 19, 2003
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 17/03
Angelo Argiro & Theodore Papatheodorou
(Part of Lot 27, Plan 492 & Part of Lots 23, 24, Plan 489)
1278 & 1284 Kingston Road
City of Pickering
Recommendation:
1.
That Zoning By-law Amendment Application A 17/03, be APPROVED to
permit the additional use of convenience 1 retail store to the existing C1 S - Local
Commercial Specific Zoning, on lands being Part of Lot 27, Plan 492 & Part of
Lots 23, 24, Plan 489, City of Pickering, submitted by Lorelei Jones & Associates on
behalf of Kawar Investments Incorporated.
2.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 17/03, as set out in Appendix I to Report PD 03-04, be FORWARDED
to City Council for enactment.
Executive Summary: The applicant is requesting a change to the C1 S - Local
Commercial zoning on the subject lands to implement the City's Official Plan Town
Centre designation, to permit the establishment of a retail store use. The subject
property is located on the northeast corner of Kingston Road and Glendale Drive (see
Location Map, Attachment #1 ).
The proposed additional convenience 1 retail use will be compatible with the existing
and future commercial development of the subject property.
Financial Implications:
proposed development.
No direct costs to the City are anticipated as a result of the
Report PD 03-04
Date: December 19, 2003
3
Subject: Angelo Argiro & Theodore Papatheodorou (A 17/03)
Page 2
Background:
1.0
Comments Received
1.1
At the November 20, 2003 Public Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #2 and #3)
1.2
Agency Comments
Veridian Connections
- no objections;
Region of Durham
- the proposal is permitted by the policies
of the Durham Region Official Plan;
- municipal water supply and sanitary
sewer service are connected (See
Attachment #4;
1.3
City Departments
Development Control
- no concerns raised;
Municipal Property and
Engineering
- no concerns raised;
Fire Services
- no concerns raised.
1.4
Community Comment
To date no comment directly related to the proposed Zoning Amendment has
been received. Comments raised by local residents at the Statutory Public
Information Meeting were directed at the Burger King 1 proposed Tim Horton's
building and were not in opposition to the proposed convenience store use
proposed in this application.
Discussion
2.0
The City's Official Plan designates the subject property "Mixed Use Areas
Downtown Core", within the Town Centre Neighbourhood. This designation
permits, amongst other uses, retailing of goods and services.
The proposed by-law amendment to add retail use (which would permit a
convenience store) implements the City's Official Plan's policies and contributes
to the retail 1 commercial nature of the downtown.
Current zoning on the property limits the permitted use to an eating
establishment. This zoning was established in 1976 and does not fully
implement the current Official Plan designation or provide appropriate flexibility
of uses.
4
Report PD 03-04
Date: December 19, 2003
Subject: Angelo Argiro & Theodore Papatheodorou (A 17/03)
Page 3
The introduction of a retail use will not negatively impact the site. A retail use
generates similar traffic and parking characteristics as an eating establishment.
A retail use is currently operating from the site and does not appear to be
impacting the function of the property.
It is recommended that the application be approved and the amending by-law be
forwarded to Council for enactment.
APPENDIX:
1.
Appendix I: Draft By-law
Attachments:
1.
2.
3.
4.
Location Map
Text of Information Meeting Report No. 20-03
Minutes from Statutory Public Information Meeting
Region of Durham Comment
Prepared By:
Approved I Endorsed By:
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Mike Duff
Planner"
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Neil Carroll, IP " P
Director, Planníng & Development
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Lynda Taylor, Mc(P, RPP
Manager, Development Review
MD:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
APPENDIX I TO
REPORT NUMBER PD 03-04
5
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 17/03
6
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 373/76, to implement the Official Plan of the City of
Pickering, Region of Durham, Part of Lot 27, Plan 492 & Part of
Lots 23,24, Plan 489, City of Pickering. (A 17/03)
WHEREAS the Council of the Corporation of the City of Pickering deems it
desirable to change the zoning of the lands to permit a retail store, on the subject
land, being; Part of Lot 27, Plan 492 & Part of Lots 23, 24, Plan 489, City of
Pickering.
AND WHEREAS an amendment to By-law 3036, as amended by By-law 373/76, is
therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
(1) TEXT AMENDMENT
(1 )
Section 4. DEFINITIONS of By-law 373/76, is hereby further amended by
re-alphabetizing section 4 and by adding thereto the following:
"Retail Store" shall mean a building or part of a building in which goods, wares
merchandise, substances, articles or other things are stored, kept and offered for
retail sale to the public.
(2)
Schedule 'B' of By-law 373/76, is hereby further amended by adding thereto the
following under the USES PERMITTED heading:
and Retail Store
(3) EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof.
BY-LAW read a first, second and third time and finally passed this
,2004,
day of
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David Ryan,b át,Øf:,'"
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Bruce Taylor, Clerk
ATTACHMENTI-l TO
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SUBJECT
PROPERTY
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City of Pickering
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Planning & Development Department
PROPERTY DESCRIPTION PLAN 492 LOT 27 PLAN 489 PT LOT 23,24 NOW RP 40R1985 PART 1
OWNER A. ARGIRO
FILE No. A 17/03
FOR DEPARTMENT USE ONLY
DATE SEPT. 29, 2003 DRAWN BY J8
SCALE 1:5000 CHECKED BY MD
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ATTACHMENT #- 0( TO
RHlJRT # PO ()'~ - 0 t
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INFORMATION REPORT NO. 20-03
FOR PUBLIC INFORMATION MEETING OF
NOVEMBER 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 17/03
Angelo Argiro and Theodore Papatheodorou
1278 & 1284 Kingston Road
Lots 23 & 24,27, Plan 489, Concession 492
City of Pickering
1.0
PROPERTY LOCATION AND DESCRIPTION
- the subject property is situated at the northeast corner of Kingston Road and
Glendale Drive (see Attachment #1);
- the proposed retail 1 convenience store use currently exists on the subject site;
- currently existing on the site is a Mary Brown's Chicken restaurant,
convenience store and vacant Burger King restaurant;
- the Burger King restaurant is currently the subject of Site Plan Application
S12/079 to develop the vacant building as a Tim Horton's;
- residential properties are situated to the north and west of the property;
- south and east of the property is comprised of various land uses, which
include office, restaurant, commercial and retail.
2.0
APPLICANT'S PROPOSAL
- the applicant proposes to amend the existing C1 S - Local Commercial
Specific zoning on the subject lands to add convenience / retail store as a
permitted use (see Attachment #2).
Information Report No. 20-03
ATTACHMENT #::< TO
REFORT # PO 0.1- D 't
9
Page 2
4.0
4.1
4.2
4.3
5.0
5.1
3.0
BACKGROUND
- the existing convenience store began operating during 2003, the subsequent
non-compliance with the current Zoning By-law was brought to the attention
of the City, which lead to the submission of the Zoning By-law amendment
application.
OFFICIAL PLAN AND ZONING
Durham ReQional Official Plan
- the Durham Regional Official Plan identifies the property as being within the
'Main Central Area' designation;
'Main Central Areas' should be developed as the main concentrations of
urban activities within area municipalities providing a fully integrated array of
community, office, service and shopping, recreational and residential uses;
PickerinQ Official Plan
- the Pickering Official Plan identifies the subject property as being designated
'Downtown Core' within the Town Centre Neighbourhood;
- this designation, among other uses, permits the retailing of goods and
services;
land uses, including limited retailing of goods and services, are intended to
take place at the greatest scale and intensity in the city, serving Citywide and
regional levels;
ZoninQ By-law 373/76
- the subject property is currently zoned "C1 S" - Local Commercial Specific by
By-law 373/76;
- the current zoning only permits an eating establishment use;
an amendment to the Zoning By-law is therefore required in order to
implement the applicant's proposal to add a convenience store to the subject
property.
RESULTS OF CIRCULATION
Resident Comments
- to date no resident comments has been received;
10
Information Report No. 20-03
ATTACHMENT # 61 TO
RHJR1 # PO 03 -0 If-
Page 3
6.0
7.0
7.1
5.2
AQencv Comments
- to date no agency comments has been received;
5.3
Staff Comments
in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
. the impacts traffic flow within the site boundaries and the ability to
adequately provide safe and suitable access to existing and future
development;
. review of the appropriateness of local convenience 1 retail store
development within a Downtown Core Area designation.
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;
- the following used for 18T applications only;
if a person or public body that files an appeal of a decision of the Regional
Municipality of Durham in respect of the proposed plan of subdivision does
not make oral submission at the public meeting, or make written submissions
to the Regional Municipality of Durham before the proposed plan of
subdivision is approved or refused, the Ontario Municipal Board may dismiss
the appeal.
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 Report No. 20-03
ATTACHMENT#~TO
RH~¡Rì # PO 03-0 f-
Page 4
11
7.2
Information Received
- full-scale copies of the Applicant's submitted plan are available for viewing at
the offices of the City of Pickering Planning & Development Department.
ORIGINAL SIGNED BY
Mike Duff
Planner II - Development Review
~RrGINAL SIGNED BY
Lynda Taylor, MCIP, RPP
Manager - Development Review
MD:ld
Attachments
Copy:
Director, Planning & Development
12
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APPENDIX NO. I TO
INFORMATION REPORT NO. 20-03
COMMENTING RESIDENTS AND LANDOWNERS
(1 )
none received to date;
COMMENTING AGENCIES
(1 )
none received to date;
COMMENTING CITY DEPARTMENTS
(1 )
none received to date;
4.
5.
,
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Thursday, November 20, 2003
7:00 P.M.
13
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 17/03
ANGELO ARGIRO AND THEODORE PAPATHEODORU
1278 & 1284 KINGSTON ROAD
LOTS 23 & 24.27, PLAN 489, CONCESSION 492
1.
Linda Taylor, Manager - Development Review, provided an explanation of the
application, as outlined in Information Report #20-03.
2.
No comments from applicant.
3.
James Newman, 1820 Glendale Drive, advised of his opposition to the 24 hour
Tim Horton's store proposed because of the noise disturbance, increase traffic
and parking problems. Mr. Newman asked if a new site plan approval has been
granted by the City and if the demolition permit for the Burger King restaurant
has been issued at this time. He further advised that there has been a history of
gangs and vandalism in this area and this will only encourage them to stay
longer. Additionally, he is concerned about the preservation of the trees near the
parking lot.
Fred Newman, 1820 Glendale Drive, inquired whether there was a by-law that
would restrict the location of the 24 hour stores near residential areas.
Mr. Newman was advised to contact Anne Greentree, Supervisor, Legislative
Services to inquire about the by-law.
14
The Regional
Municipality
of Durham
Planning Department
1'615 DUNDAS ST, E,
4TH FLOOR, LANG TOWER
WEST BUILDING
PO BOX 623
WHITBY ON L1N 6A3
,.'~ANADA
05-728-7731
Fax: 905-436-6612
Email: planning@
region,durham,on,ca
www,region.durham,on,ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
ATTACHMENT # ~ if TO
REFORT # PO O.~. 0 If
RECEIVED
December 5,2003
DEC 0 8 2003
CtTy OF P!CKER!N~
:OI..ANNING & DEVELOPMEN I
, , DEPc,RTM'ENT
Mike Duff, Planner II
Planning & Development Department
One the Esplanade
Pickering, Ontarìo
L1V 6K7
Dear Mr. Duff:
Re:
Zoning Amendment Application A 17/03
Applicant: Angelo Argiro & TheodorePaptheodorou/Kawar
Investment Inc. '
, Location: Part of Lot 23, Concession 1
Municipality: City of Pickering
We have reviewed this application and the following comments are,
offered with respect to the Durham Regional Official Plan, the proposed
method of servicing, and the delegated provincial plan review'
responsibilities. '
The application proposes to rezone the subject property to permit
convenience store and retail uses. ' ,
Durham Reç¡ional Official Plan
The subject lands are designated "Main Central Area" in the Durham
Regional Official Plan. Main Central Areas are to be developed as the
main concentrations of urban activities providing a folly integrated array
of community, office, service and shopping, recreational, and residential
uses. The proposed amendment conforms to the policies of the Durham
Regional Official Plan.
Municipal Servicinç¡
The subject property is connected to full municipal services.
Transportation
Upon submission of a site plan application, the Region may require a
road widening and/or road improvements along the frontage of Regional'
Highway No.2. Direct access to Regional Highway No.2 will not be
permitted.
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Page 2
Provincial Plan Review Responsibilities
The application has been screened in accordance with the provincial' ,
plan review responsibilities. No provincial interests are affected by the
proposal. '
If you have any questions or require additional information, please call
me. '
Yours truly,
~¿)~ '
Ray Davies, Planner
Current Operations Branch,
GG. Hob Roy, Durham -Region Works Department
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