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HomeMy WebLinkAboutPD 02-04 Ciit¡ o~ REPORT TO PLANNING COMMITTEE 17 Report Number: PD 02-04 Date: December 19, 2003 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 19/03 Met-Star Holdings Ltd. 1211 Kingston Road (Part of Lots 23 and 24, Concession 1) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 19/03, be APPROVED to permit food store and retail store as additional uses, submitted by Met-Star Holdings Ltd., for 1211 Kingston Road, being Part of Lots 23 and 24, Concession 1, City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 19/03, as set out in Appendix No. I to Report PD 02-04 be FORWARDED to City Council for enactment. Executive Summary: The applicant proposes to amend the existing zoning to permit a food store and retail store as additional uses on the subject property (see Location Map - Attachment #1). The proposed uses conform to the Pickering Official Plan and the Durham Region Official Plan. Some of the existing definitions and performance standards applicable to the subject property are recommended to be updated and consolidated in order to simplify the resultant zoning by-law. It is recommended that Zoning By-law Amendment Application A 19/03 be approved, and that the draft by-law be forwarded to Council for enactment. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the 18 Report PD 02-04 Subject: Met-Star Holdings Ltd. (A 19/03) Date: December 19, 2003 Page 2 1.2 1.3 2.0 2.1 2.2 Background: 1.0 Comments Received 1.1 At the November 20, 2003 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) no one spoke for or against the application; Following the Information Meeting no resident comments have been received; Agency Circulation and City Department Comments City and agency comments received to date indicate no objections. Discussion: Proposed uses currently exist on the subject property. In July 2002, Zoning By-law Amendment Application A 15/02 was submitted by the owner of the subject property to allow personal service shop and place of entertainment or amusement as additional uses. The rezoning application was approved for the proposed uses, and Zoning By-law 6112/03 was passed on March 17, 2003. A building permit was received by the Planning & Development Department in March 2003 for internal renovations to an existing food store located in Building B on the subject property (see attached Site Plan, Attachment #2). This food store was not identified by the owner of the property as an existing use, and was therefore not recognized at the time of the previous rezoning (A 15/02). The owner was notified that the existing food store was not a permitted use under the current zoning and this Zoning By-law Amendment Application (A 19/03) was submitted in August 2003 in order to include food store as a permitted use. A site check conducted for the submitted rezoning application (A 19/03) identified several other existing stores on the property that did not appear to comply with the uses permitted under the current zoning by-law. The owner then requested that retail store be included as part of this application in order to recognize the existing retail stores located on the subject property. The proposed uses are compatible with surrounding development and conform to the Pickering Official Plan. It is staff's understanding that the proposed food store and retail store uses have existed on the subject property for quite some time. Staff are not aware of any complaints received regarding these uses. These uses are considered to be compatible with surrounding land uses, and are considered appropriate uses for this property. Report PD 02-04 Subject: Met-Star Holdings Ltd. (A 19/03) Date: December 19, 2003 Page 3 19 The proposed uses are also permitted under the policies and provisions of the Pickering Official Plan. The subject property is currently designated "Mixed Use Area", which permits retail and commercial uses. The property is also located within the "Town Centre Neighbourhood" which permits the highest mix and intensity of uses and activities. Approval of this application to amend the Zoning By-law would implement the Pickering Official Plan designation. 2.3 The proposed amending by-law includes consolidated definitions, floor area limitations, and a technical amendment to the existing by-law. Definitions to be Updated The following uses are currently permitted under the existing zoning by-law: Body Shop Business Office Commercial Recreational Establishment Financial Institution Industrial/Commercial Equipment Suppliers Light Manufacturing Plant Personal Service Shop Professional Office Vehicle Repair Shop Warehouse Food Preparation Plant Frozen Food Shop Furniture and Major Appliance Store Home Improvement Centre Jewelry Store Off-track Betting Teletheatre Place of Assembly Restaurant-Type B Vehicle Sales or Rental Establishment Some of the uses listed in the current zoning by-law are recommended to be removed and replaced with broader definitions that reflect use classifications currently applied by the City. It is recommended that jewelry store, and furniture and major appliance sales be replaced by the proposed retail store definition, and that frozen food shop be replaced by the proposed food store definition. The implementing by-law will include standard definitions for a food store and retail store. Consolidation of the definitions and permitted uses will create a streamlined and up-to-date by-law that is reflective of the uses permitted under the Official Plan. Floor Area Limitations Required for Retail Store and Food Store Uses It has been determined that floor space limitations for the food store and retail store uses are necessary to limit the potential expansion of such uses and to ensure that on-site parking is not negatively impacted. The applicant has provided City staff with a list of existing food store and retail store uses located on the subject property, and the corresponding gross leaseable floor space areas for such uses. Following review of this information, it is recommended that the aggregate floor area limitations be set at 620 square metres for all food stores and 620 square metres for all retail stores. These limitations have been included in the attached amending by-law. 20 Report PD 02-04 Subject: Met-Star Holdings Ltd. (A 19/03) Date: December 19, 2003 Page 4 Technical Amendment Required to Address Previously Permitted Front Yard Depth Four minor variances have been granted for the subject property since construction of the plaza, and these were all recognized through the previous rezoning (A 15/03). However, a previous minor variance to allow a reduced front yard depth of 4.0 metres for an outdoor patio was improperly referenced in the by-law. Therefore, it is recommended that this situation be rectified in this new amending by-law. 2.4 By-law to be forwarded to Council The attached By-law, included as Appendix I to this report, implements Staff's recommendation to approve the requested additional uses and include additional performance standards and technical amendments in the amending by-law. It is recommended that the attached by-law be forwarded to Council for enactment. 3.0 Applicant's Comments: The applicant is aware of the contents of this Report. APPENDIX: Appendix I: Draft Implementing By-law Attachments: 1. 2. 3. 4. Location Map Site Plan Information Report Minutes from Statutory Public Meeting Report PD 02-04 Subject: Met-Star Holdings Ltd. (A 19/03) Date: December 19, 2003 Page 5 21 Prepared By: Approved I Endorsed By: ~aJQ P ~A ~ Carla Pierini Planner I :ß}~~1/~ , Lynda D. Taylor, M ¡P, RPP Manager, Development Review CXP:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ;.- 22 APPENDIX I TO REPORT NUMBER 02-04 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 19/03 THE CORPORATION OF THE CITY OF PICKERING 23 BY-LAW NUMBER .r Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6112/03, 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 19/03) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit food store and retail store uses, in Part of Lots 23 and 24, Concession 1, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended by By-law 6112/03, 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 4. DEFINITIONS of By-law 6112/03, is hereby amended by deleting subsections (9), (10), and (14); Section 4. DEFINITIONS of By-law 6112/03, is hereby further amended by renumbering and re-alphabetizing subsections (1) to (27) and by adding thereto the following: 1.2 (9) "Food Store" shall mean a building or part of a building in which food, produce and other items or merchandise of day-to-day household necessity are stored, offered and kept for retail sale to the public; (22) "Retail Store" shall mean a. building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; 1.3 Clause 5.(1) Uses Permitted of By-law 6112/03, is hereby amended by deleting subclauses (f), (g), and 0); 1.4 Section 5.(1) Uses Permitted of By-law 6112/03, is hereby further amended by re-alphabetizing subclauses (a) to (s) and by adding thereto the following: (f) Food store; (0) Retail; 1.5 Section 5.(2)(c)(ix) and 5.(2)(c)(x) of By-law 6112/03 are hereby repealed and replaced with the following: (ix) The aggregate of the gross leasable floor area of all retail stores on the lot shall not exceed 620 square metres; (x) The aggregate of the gross leasable floor area of all food stores on the lot shall not exceed 620 square metres; (xi) Notwithstanding the yard requirements of Section 2(a)(iii) of this By-law, an outdoor patio may encroach into the required front yard to a maximum of 11.0 metres; 1,6 Section 6 of By-law 6112/03 is hereby amended by adding thereto the following: (4) Clause 5,22 of By-law 3036 shall not apply to the lands designated "SPCI-1" on Schedule I attached hereto. 24 - 2 - 2. AREA RESTRICTED By-law 3036, as amended by By-law 6112/03, 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. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, 3. 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 t"'1""H"¡"['fl1#' , . '1'", , ,. rú nu ¡;in # PIJ õ'J-:Oï:¡.. 25 I I w z j c (fJ - 0 ~ fT1 r r I- W W a:: I- (fJ Cì: 0 ...I 0 0 a. a::: w > :J W I- Z 0 a::: m w a:: <{ ::> a (fJ W ...I « 0 z W ...I (') a <{ 0 a:: PICKER d\]\J ~ '< \--\\Gí\ 40\ City of Pickering Planning & Development Department PROPERTY DESCRIPTION SOUTH PART LOT 23,24, CONCESSION 1 ~ OWNER MET-STAR HOLDINGS LTD. DATE OCT. 20, 2003 DRAWN BY JB I ~ APPLICATION No, A 19/03 SCALE 1 :5000 CHECKED BY CP It¡ FOR DEPARTMENT USE ONLY PN-B PA. 26 ATTACHMENT';;;' TO REFiJRT # PO D,.)., ô t-¡ INFORMATION COMPILED FROM APPLICANT'S SITE PLAN A 19/2003 0,,"'0 , /1/"""""""-"- '.......... ~ r /¡ / ...:<.\. ~ \ J,î <{~ /;<",.../ ,I ", /""'-"""/ 0\- \. \...",/ I'- ¿,~~ '/"""7'.. ,"'\/\, ~\~):~;~..., c/j ...:<.\.\:;1 /' <"\¡ /}{\" r..\ \\'"'..' I ~ \~ ,,/ ,,//" . ,~ \\.."rø'/~'J:~ -'" // ,A, ~, /. ! \-1 Y /\j", ,/ '!';--' I A(\.).'? 'H 1~4 r~' j I!' J ~ . ,.;...,...-);>/., . . ,ø~ '~,.:,,'011. '1iJ . " :"~~¡ . f-,-,...;J 'Ëj . i-"'¡ '~...:J, ¡:- _;'(11:1 ¡e==1' l'Tê\¡ [j~l ~ . (, :...:' , I ,I' -1 ,.j I R ~=: ,~ I-.-¡, I ;-1 +-.-I~ ---j 1-'0-; I r=1 ;-c' -iþit~=1 L-:¡ H ~I'-i ¡..-.j ¡ '¡' J-..-;W,-I "-J I b'-"'~I;n-..¡ t:j Itj B¡r-~ I",~ I R b:¡~f J r==1 ! ~~ ":,--~\q :::'1. ' - ;""--n\::.::¡ . \ ;,.-;\,1~ I t-i, ,..~~r-; F.';~J" I ~ r-'-< !i - I ì=-.j :"-;1¡--¡ ~,: i 1J~,ø¿~,~i:"') l~ t:~r-'i ; --- - '..,-!!! f '-,1:::; jTTTTi7,¡ ,..., ':¡;rr-' R,[, I' L:'~¡, :"J"."~)1:iI.L, '-"":Y fa ì....è.::." ..1: J. ,.l..J,:",..", -- ...,..l._,..!" ~ 'I¡ "f-"----.----.,-----",,--,- BUILDING A ' BUILDING B EXISTING FOOD STORE AND RETAIL STORES ì ~ ~ i I ¡ " ~ , ¡ . N " 11 ~ I I' !' BUILDING C : :' ~ ! , i , , i ¡ ¡ 1, ¡ ~-,-,; ~---' c') ~-';---'\'- "'\' ; i +-'- l,~ (i; >.oL, I: ì ! ¡ \,L.:....L",- i , j I I I \ ¡ I ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, OCTOBER 22,2003, ATTACHMENT # ',3 TO REPORT # PO D';¡ - 0 (f 27 Ciú/ o~ INFORMATION REPORT NO. 24-03 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 19/03 Met-Star Holdings Ltd. 1211 Kingston Road (South Part of Lots 23, 24, Concession 1) City of Pickering 2.0 3.0 3.1 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the south side of Kingston Road, east of Dixie Road, west of Liverpool Road (see Attachment #1 - Location Map); - the subject property currently supports three buildings. APPLICANT'S PROPOSAL - the applicant proposes to amend the zoning of the subject property to permit 'Food Store' and 'Retail Store' as additional uses; - a site plan showing the existing buildings on the property is provided for reference (see Attachment #2). OFFICIAL PLAN AND ZONING Durham Reaional Official Plan - identifies the subject property as being designated "Special Policy Area A"; - lands designated "Special Policy Area A" contain a mixture of residential, retail, personal service and industrial uses. Development within this area 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; 28 Information Report No. 24-03 ATTACHMENT II 3 TO r:u ,)m # PO 0;1..- 0 'f Page 2 3.2 Pickerina Official Plan identifies the subject property as being located within a 'Mixed Use Area - Mixed Corridor' 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 applicant's proposal conforms to the policies of the Plan; 3.3 Compendium Document to the Official Plan - the subject property is subject to the "Kingston Road Corridor Development Guidelines"; - the proposed uses would be within existing buildings - no new development is proposed; 3.4 Zonina By-law 3036/00 the subject property is currently zoned "SPCI-1" - Special Purpose Commercial Zone, by Zoning By-law 3036, as amended by By-law 6112/03; - the existing zoning permits a variety of commercial and industrial uses; - the current zoning does not permit a 'Food Store' or a 'Retail Store'; a zoning by-law amendment is required to permit the proposed additional uses. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments none received to date; 4.2 Aaency Comments none received to date; 4.3 Staff Comments 4.3.1 Backqround Information - Zoning By-law Amendment Application A 15/02 was submitted by the owner of the subject property to allow 'Personal Service Shop' and 'Place of Entertainment or Amusement' as additional uses; - Zoning By-law Amendment Application A 15/02 was approved and Zoning By-law 6112/03 was passed on March 17,2003; Information Report No. 24-03 An ACHi',Œf,1 T #-2- TO nHJRl # PO 0.;2 -O!:f- Page 3 29 a building permit was received by the Planning & Development Department in March 2003, for internal renovations to an existing food store (Iqbal Food Supermarket) located in Units 1 and 2 of Building B on the subject property; - the food store has operated on this site for several years, but was not identified by the owner of the property as an existing use, and was therefore not recognized at the time of the previous rezoning (A 15/02); - the owner was notified that the existing food store was not a permitted use under the current zoning, and this Zoning By-law Amendment Application was submitted; - further to a site check done of the subject property, the owner was notified that several other existing stores on the property do not appear to comply with the uses permitted under the current zoning by-law; - the owner has recently included 'Retail Store' as another additional use to be included as part of this application. 4.3.2 Other Matters In reviewing the application to date, the following matters have been identified by staff for further review and consideration: . the appropriateness of the site for the proposed uses; . appropriate size restrictions for the proposed additional uses; . compatibility with surrounding land uses. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report. 30 Information Report No. 24-03 AT1ACHMEm # '3 TO liF oJr;' I; Pù O.;¿ -() '1____0 Page 4 6.2 Information Available - a copy of the applicant's site plan is available for viewing at the offices of the City of Pickering Planning & Development Department. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Carla Pierini Planner I Lynda Taylor, MCIP, RPP Manager, Development Review CXP:ld Attachments Copy: Director, Planning & Development r"TN',W:qlT # if TO ~ "'\:1'0 '-(5.;;. -() li",~" , Excerpts from Statutory Public Information Meeting Thursday, November 20, 2003 7:00 P.M. 31 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. (V) ZONING BY-LAW AMENDMENT APPLICATION A 19/03 MET-STAR HOLDINGS LTD. 1211 KINGSTON ROAD (SOUTH PART OF LOTS 23, 24, CONCESSION 1) 1. Lynda Taylor, Manager - Development Review, provided an explanation of the application, as outlined in Information Report #24-03. 2. No comments from the applicant. 3. No comments.