HomeMy WebLinkAboutPD 09-04PICKERING
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 09-04
Date: January 23, 2004
33
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 22/03
Presidential Management & Development Corp.
813 - 821 Brock Road
Part of Lot 18, Range 3, B.F.C.
City of Pickering
Recommendation:
That Zoning By-law Amendment Application A 22/03, be APPROVED AS
REVISED, to permit additional industrial and commercial uses, except a truck
depot and a waste management and transfer facility, within the three existing
buildings at 813 - 821 Brock Road, on lands being Part of Lot 18, Range 3,
B.F.C., City of Pickering, submitted by Bryce Jordan of Sernas Associates on
behalf of Samuel Wygodny of Presidential Management & Development
Corporation.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 22/03, as set out in draft in Appendix I to Report PD 09-04, be
FORWARDED to City Council for enactment.
Executive Summary: The applicant requests a change to the zoning by-law to
permit additional industrial and commercial uses within the three existing buildings at
813- 821 Brock Road. It is recommended that the requested rezoning be approved as
revised, to exclude the requested uses of truck depot and waste management and
transfer facility as permitted uses. The recommended zoning is compatible with
surrounding land uses and conforms to the policies and objectives of the City's Official
Plan.
Financial Implications:
proposed development.
No direct costs to the City are anticipated as a result of the
34
Report PD 09-04 Date: January 23, 2004
Subject: Presidential Management & Development Corp. (A 22/03) Page 2
Background:
1.0 Application
The subject property is designated as Employment Area - General Employment
in the City's Official Plan, and is currently zoned "M2" - Industrial Zone by
By-law 2511. This zoning is relatively restrictive and provides for a limited range
of uses. Additionally, the current zoning does not implement the City's Official
Plan policies for "General Employment" area designations. Consequently, the
existing buildings have experienced varying degrees of vacancies over the years,
and the owners have reason to expect increased vacancies in the near future.
The applicant proposes to amend the zoning on the lands to permit additional
industrial and commercial uses within the three existing buildings at 813 - 821
Brock Road (see Attachment #1 - Location Map, and Attachment #2 - Site Plan),
thus increasing the marketability of the buildings on-site. The table below outlines
uses permitted by existing zoning, and new uses requested by the applicant.
bakery or dairy; business offices; creamery; dry
cleaning, pressing, laundry establishment;
garage; light manufacturing plant; manufacturing
plant; open air markets; printing establishment or
duplicating shop; professional offices; public
parking lots; service or repair shop; transport
terminal for the loading and unloading of
transport vehicles; and warehouse or distributing
depot.
* applicant's complete list of requested uses are
headings of permitted uses and proposed uses.
club; commercial club; commercial-recreational
establishment; commercial school; dry cleaning
depot; food preparation plant; merchandise
service shop; personal service shop; place of
amusement or entertainment; place of assembly;
place of worship; rental establishment;
restaurant; sales outlet; scientific, medical or
research laboratory; truck depot; vehicle repair
shop; vehicle sales and rental establishment;
waste management and transfer facility.
a combination of all the uses listed under the
* sales outlet (proposed use) - a maximum of 25% of the Gross Leasable Floor Area (GLFA) of a
permissible industrial operation, and/or a maximum of 40% of the GFLA of a permissible industrial
operation provided that no more than 25% of the GFLA of the building constitutes sales outlets.
* proposed non-industrial uses shall not exceed 50% of the GFLA of the building.
2.0
2.1
Comments Received
At the November 20, 2003 Information Meeting
As no one other than Planning staff and the applicant were present at the Public
Information Meeting, no discussion regarding the application took place (see text
of Information Report and Meeting Minutes, Attachments #3 and #4).
Report PD 09-04 Date: January 23, 2004
Subject: Presidential Management & Development Corp. (A 22/03) Page 3
35
2.2 Letter of Objection
On the day of the Public Information Meeting, a letter of objection
(see Attachment #5) was submitted by T. W. Bermingham of Blake, Cassels &
Graydon LLP, on behalf of CREIT Management Limited who are the owners of
925 Brock Road and 1100 Squires Beach Road. Mr. Bermingham disagrees that
the proposed uses as set out in the Information Report conform to the applicable
Official Plan policies and states that these changes can only be introduced
through an Official Plan Amendment.
2.3 Agencies and City Departments
Municipal Property & Engineering Division - no concerns;
Canadian National Railway - any proposed alterations to the existing drainage
pattern affecting Railway property must receive prior concurrence from the
Railway and be substantiated by a drainage report and CNR recommends that
the Applicant/Owner install and maintain at his own expense, a chain link fence
of minimum 1.83 metre height along the northern property boundary
(see Attachment #6);
Veridian Connections- no objection, however, has comments pertaining to
electrical design details for any proposed industrial/commercial development
(see Attachment #7);
Region of Durham Planning Department- no concerns with proposed rezoning;
subject property is connected to full municipal services; information will be
required respecting anticipated sewage flow design and type of effluent
anticipated; review by Wet Screening Committee may be necessary depending
on information provided by applicant; upon submission of a site plan application,
the Region may require a road widening along the frontage and/or road
improvements to Brock Road; no provincial interests are affected by the proposal
(see Attachment #8);
Pickering Fire Service - no objection, however, they are reserving the
opportunity to view any plans submitted at the time of building permit and review
any proposed plans for the implementation of any waste management and
transfer facility (see Attachment #9).
36
Report PD 09-04 Date: January 23, 2004
Subject: Presidential Management & Development Corp. (A 22/03) Page 4
3.0
3.1
3.2
Discussion
Requested Uses Conform to Employment Designations within the
Pickering Official Plan
The Pickering Official Plan permits a broader range of uses within its
Employment Area designations than did the former Pickering District Plan. A
table has been prepared by staff entitled "Proposed Uses and Provisions Related
to the Pickering Official Plan Employment Policies" (see Attachment #10) to
provide a framework for establishing appropriate uses, provisions and restrictions
within the implementing zoning by-law for this and future applications. This table
has been used previously by the Planning & Development Department and
Council as a guide for the evaluation of planning applications over the past few
years. This change recognizes the evolving nature of employment activities,
which over the past decades have shifted from primarily land-consumptive
manufacturing operations, to smaller service-type businesses. The requested
additional industrial and commercial uses conform to, and are compatible with,
the designation and policies of the Official Plan.
Recommended Uses
Attachment #10 "Proposed Uses and Provisions Related to the Pickering Official
Plan Employment Policies", lists the permissible uses on lands designated
General Employment, Prestige Employment and Mixed Employment by the
Official Plan. The table also identifies a general list of uses that may be
considered for inclusion within zoning by-laws for each Official Plan category, as
well as typical performance standards for the uses. The table is an
implementation framework for uses, provisions and restrictions for the
employment area designations prepared by Planning & Development staff to
provide guidelines for reviewing rezoning applications.
With respect to the subject property, which is designated General Employment,
the staff recommended implementing by-law (see Appendix I to Report PD 09-04),
proposes to accommodate existing uses and add new uses, as follows:
Report PD 09-04 Date:
Subject: Presidential Management & Development Corp. (A 22/03)
Januaw 23,2004
Page 5
37
Uses Currently Permitted and to
Remain
Proposed Additional Uses
bakery club*
business office commercial club*
dry cleaning establishment
light manufacturing plant
manufacturing plant
printing establishment
~rofessional office
warehouse
commercial-recreational establishment
commercial school
dry cleaning depot
food preparation plant
manufacturing plant
merchandise service shop
personal service shop
place of amusement or entertainment
)lace of assembly
)lace of worship
rental establishment
restaurant - type A
sales outlet
scientific, medical or research
laboratory
vehicle repair shop
vehicle sales and rental establishment
* the definitions were revised a few years ago to remove the words 'social club' to avoid the
establishment of an 'after hours dance club'.
The current 'M2' zoning permits certain uses that are either dated, not
appropriate within the area, are redundant and/or have been replaced with more
current definitions. In this regard, the staff recommended implementing by-law
removes permission for the following uses:
· creamery · public parking lots
· dairy · service or repair shop
· garage · transport terminal
· open air markets
Further, staff recommends that the requested uses of a 'truck depot' and a 'waste
management and transfer facility' not be permitted. The subject property does
not provide sufficient area for truck movement, associated parking and the
requested uses conflict with other land uses.
38
Report PD 09-04 Date: January 23, 2004
Subject: Presidential Management & Development Corp. (A 22/03) Page 6
3.3
3.4
Recommended Provisions and Restrictions
The implementation framework also addresses a general approach for certain
restrictions that would apply to uses permitted within the General, Prestige and
Mixed Employment designations. For General Employment, the restrictions are
as follows:
· permissible uses intended to serve the surrounding employment area would
be restricted by a maximum unit size (restaurants and personal service shops
will be restricted to a maximum unit size of 325 square metres, and to a
maximum gross leasable floor area for each of these uses of 325 square
metres);
· within each designation, 'sales outlets' are permitted only if accessory to
certain employment area uses (a bakery, a food preparation plant, a light
manufacturing or manufacturing plant, a merchandise service shop, a
printing establishment, or a warehouse);
· the gross leasable floor area (GLFA) of a sales outlet shall not exceed 25% of
the GLFA of the associated employment use; however, the GLFA of a sales
outlet may increase to 40% of the GLFA of the associated employment use
providing the GLFA of all sales outlets in the building does not exceed 25% of
the GLFA of the building;
· restrictions are placed on the maximum aggregate GLFA for non-traditional
employment uses within a building and/or upon a property; the standard
restrictions for non-industrial space are a maximum of 50% for General
Employment; the maximums may be further restricted due to parking
limitations; and
· outdoor storage will primarily be restricted to General Employment
designations; however, this may be further restricted depending on the
character of the existing development and its surroundings.
Non-Industrial Uses and Outdoor Storage
Staff reviewed on-site parking availability and supply, having regard to the City's
Off-Street Parking Study. As a result of this review, it is recommended that the
non-industrial uses proposed for the subject property be limited to 50% of the
building's floor area. In addition, outdoor storage will not be permitted given the
existing parking supply and site design of the subject property.
A draft amending by-law for the lands has been prepared. It is attached as
Appendix I to this Report. The proposed additional industrial and commercial
uses implement the City's Official Plan employment area designation policies,
which provides for a greater range of uses on the subject property. Accordingly,
staff recommends that Council approve Zoning By-law Amendment
Application A 22/03, and that the draft by-law be forwarded to City Council for
enactment.
Report PD 09-04 Date: January 23, 2004
Subject: Presidential Management & Development Corp. (A 22/03) Page 7
39
4.0
Applicant's Comments
The applicant is aware of the contents of this report and has reviewed the draft
by-law.
Appendix:
Draft Zoning By-law
Attachments:
1. Location Map
2. Site Plan
3. Information Report
4. Minutes from Public Information Meeting
5. Letter of Objection
6. Canadian National Railway Comments
7. Veridian Connections Comments
8. Region of Durham Planning Department Comments
9. Pickering Fire Service Comments
10. Proposed Uses and Provisions Related to the Pickering Official Plan Employment
Policies Table
4O
Report PD 09-04 Date: January 23, 2004
Subject: Presidential Management & Development Corp. (A 22/03) Page 8
Prepared By:
P~j.q/._._K'b'ro u ye n i s "~
Plann~r'FT- ............... ~
Approved / Endorsed By:
Neil Carr~.Mc4P/'-RPP
Director, ~g & Development
Prepared By:
Lynda Taylor; CP, RPP
Manager, Development Review
PK:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
· ~,/ ,/~-.¢ 1_._ ,,.¢-__.---' ~dl
Ch~J. bui~n~hief/~minis '' '
APPENDIX I TO
REPORT NUMBER PD 09-04
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 22~03
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. ~Fr
Being a By-law to amend Restricted Area Zoning By-law 2511, to
implement the Official Plan of the City of Pickering, Region of Durham,
Part of Lot 18, Range 3, B.F.C., City of Pickering. (A 22/03)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
permit additional industrial and commercial uses within the three existing buildings on
the subject lands, being Part of Lot 18, Range 3, B.F.C., City of Pickering;
AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is
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 18,
Range 3, B.F.C., City of Pickering, designated "MC-19" on Schedule I attached
hereto.
GENERALPROVlSIONS
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
tn this By-law,
(1)
(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;
"Business Office" shall mean any building or part of a building in which
one or more persons are employed in the management, direction or
conducting of an agency, business, brokerage, labour or fraternal
organization and shall include a telegraph office, newspaper plant and a
radio or television broadcasting station and its studios or theatres, but
shall not include a retail store;
(3)
(4)
(5)
"Club" shall mean a building or part of a building in which a not-for-profit or
non-commercial organization carries out social, cultural, welfare, athletic
or recreational programs for the benefit of the community;
"Commercial Club" shall mean an athletic or recreational club operated for
gain or profit and having public or private membership, but shall not
include an adult entertainment parlour as defined herein;
"Commercial-Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities are provided, and
which may include an athletic or recreational club, but shall not include
any uses permissible within a place of amusement or entertainment as
defined herein;
(6)
- - DRAFT
"Commercial School" shall mean a school which is operated for gain or
profit and may include the studio of a dancing teacher or music teacher,
an art school, a golf school or any other school operated for gain or profit;
(7)
"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 such processes;
(8)
"Dry Cleaninq Establishment" shall mean a building or part of a building
where articles, goods or fabric are subjected to dry cleaning and related
processes, are received or distributed, or where a dry cleaning plant is
operated, or both, and which may include the laundering, pressing or
incidental tailoring or repair of articles, goods or fabric;
(9)
"Food Preparation Plant" shall mean a building or part of a building in
which processed food products are cooked, baked, mixed, packaged or
otherwise prepared for distribution to retail or institutional outlets;
(10)
"Gross Leasable Floor Area" shall mean the aggregate 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;
(11)
"Light Manufacturinq Plant" shall mean a manufacturing plant used for:
the production of apparel and finished textile products other than the
production of synthetic fibers; pdnting or duplicating; the manufacture of
finished paper other than the processing of wood pulp; the production of
cosmetics, drugs and other pharmaceutical supplies; or, the manufacture
of finished lumber products, light metal products, electronic products,
plasticware, porcelain, earthenware, glassware or similar articles,
including but not necessarily restricted to, furniture, housewares, toys,
musical instruments, jewellery, watches, precision instruments, radios and
electronic components;
(12)
(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;
(c)
"Lot Frontaqe" shall mean the width of a lot between the side lot
lines measured along a line parallel to and 7.5 metres distant from
the front lot line;
(13)
"Manufacturing Plant" shall mean a building or part of a building in which is
carded on any activity or operation pertaining to the making of any article,
and which shall include altering, assembling, repairing, ornamenting,
finishing, cleaning, polishing, washing, packing, adapting for sale,
breaking up or demolishing the said article;
(14)
"Merchandise Service Shop" shall mean an establishment where articles
or goods including, but not necessarily limited to, business machines,
appliances, furniture or similar items are repaired or serviced, and
includes the regular place of business of a master electrician or master
plumber, but shall not include a manufacturing plant or any establishment
used for the service or repair of vehicles or a retail store;
(15)
"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 body-rub parlour as defined in section
224(9)(b) of the Municipal Act, R.S.O. 1990, as amended from time-to-time,
or any successor thereto;
(16)
"Place of Amusement or Entertainment" shall mean a building 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, a theatre, but shall not include a room or an area used for any
video lottery terminal use as governed by the Gaming Services Act, an
adult entertainment padour as defined in the Municipal Act, R.S.O. 1990,
as amended from time-to-time, or any successor thereto;
(17)
"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 as defined herein;
(18)
"Place of Worship" shall mean a building or part of a building dedicated to
religious worship and may include a church, synagogue, temple or
assembly hall along with accessory office space and nursery facilities, but
shall not include a day nursery, day care centre or nursery school;
(19)
"Pdntinq Establishment" shall mean an establishment used for
blueprinting, engraving, electro-typing, photocopying, plotting from disk,
printing, stereotyping or typesetting;
(20)
"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 padour as defined by the Municipal Act, R.S.O. 1990,
c.M. 45, as amended from time-to-time, or any successor thereto;
(21)
"Rental Establishment" shall mean a building or part of a building in which
goods, wares, merchandise, substances, articles or things are offered or
kept for offer for rent directly to the public, but does not include the rental
of motor vehicles, and does not include a video store;
(22)
"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;
(23)
"Sales Outlet" shall mean a building or part of a building accessory to a
bakery, a food preparation plant, a light manufacturing plant, a
manufacturing plant, a merchandise service shop, a printing
establishment, or a warehouse, wherein products manufactured,
produced, processed, stored, serviced or repaired on the premises are
kept or displayed for rent or for wholesale or retail sale, or wherein orders
are taken for future delivery of such products;
(24)
"Scientific, Medical or Reseamh LaboratorY'' shall mean a building or part
of a building wherein scientific, research or medical experiments or
investigations are systematically conducted, or where drugs, chemicals,
glassware or other substances or articles pertinent to such experiments or
investigations may be manufactured or otherwise prepared for use on the
premises;
(25)
-4-
DRAFT
"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 or any
establishment engaged in the retail sale of motor vehicle fuels;
(26)
"Vehicle Sales or Rental Establishment" 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;
(27)
'M/arehouse, 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 includes the premises of a
warehouseman but shall not include a fuel storage tank except as an
accessory use; and
(28)
'~Vaste Transfer and Manaqement Facility" shall mean a building or part of
a building which is used primarily for the storage, handling or processing
of household, institutional, commercial or industrial waste;
(29)
(a) "Yard" shall mean an area of land which is appurtenant to and located
on the same lot as a building or structure and is open, uncovered, and
unoccupied above ground except for such accessory buildings,
structures, or other uses as are specifically permitted thereon;
(b)
"Front Yard" shall mean a yard extending across the full width of a lot
between the front lot line of the lot and the nearest wall of the nearest
main building or structure on the lot;
(c)
"Front Yard Depth" shall mean the shortest horizontal dimension of a
front yard of a lot between the front lot line and the nearest wall of the
nearest main building or structure on the lot;
(d) "Rear Yard" shall mean a yard extending across the full width of a lot
between the rear lot line of the lot, or where there is no rear lot line, the
junction point of the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
(e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a
rear yard of a lot between the rear lot line 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;
(f)
"Side Yard" shall mean a yard of a lot extending from the front yard to
the rear yard, and from the side lot line to the nearest wall of the
nearest main building or structure on the lot;
(g) "Side Yard Width" shall mean the shortest horizontal dimension of a
side yard of a lot between the side lot line and the nearest wall of the
nearest main building or structure on the lot;
PROVISIONS
-5-
(1) Uses Permitted ("MC-19" Zone)
No person shall within the lands designated "MC-19" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(a) bakery;
(b) business office;
(c) club;
(d) commemial club;
(e) commercial-recreational establishment;
(f) commercial school;
(g) dry cleaning depot;
(h) dry cleaning establishment;
(i) food preparation plant;
(j) light manufacturing plant;
(k) manufacturing plant;
(I) merchandise service shop;
(m) personal service shop;
(n) place of assembly;
(o) place of amusement or entertainment;
(p) place of worship;
(q) printing establishment;
(r) professional office;
(s) rental establishment;
(t) restaurant - Type A;
(u) sales outlet;
(v) scientific, medical or research laboratory;
(w) vehicle repair shop;
(x) vehicle sales or rental establishment;
(y) warehouse;
(2) Zone Requirements (,MC-19" Zone)
No person shall within the lands designated "MC-19" on Schedule I
attached hereto, use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) OUTDOOR STORAGE:
A Open storage shall not be permitted;
(b) FRONT YARD DEPTH REQUIREMENTS (minimum): 15 metres
(c)
SIDE YARD WIDTH REQUIREMENTS
(minimum):
6.5 metres
(d) REAR YARD DEPTH REQUIREMENTS (minimum): 7.5 metres
(e) PARKING REQUIREMENTS (minimum):
A
B
415 spaces
Sections 5.21.2 (a) and (b) of By-law 2511 shall not apply;
C
-6-
Notwithstanding section 5.21.2 (g) of By-law 2511, all
parking areas shall be surfaced with brick, asphalt or
concrete, or any combination thereof;
(0
BUILDING SIZE (maximum aggregate, all buildings on the lands):
23200 square metres
(g) BUILDING HEIGHT (maximum):
12 metres
(h) SPECIAL REGULATIONS:
A
A sales outlet, accessory to a permitted industrial operation,
shall only be permitted provided the gross leasable area of
the sales outlet does not exceed 25% of the gross leasable
floor area of the related industrial operation;
B
Notwithstanding Clause A above, a sales outlet may exceed
25% up to a maximum of 40% of the gross leasable floor
area of the related industrial operation, provided the
aggregate gross leasable floor area of all sales outlets in a
building does not exceed 25% of the total gross leasable
floor area in that building;
C
The aggregate gross leasable floor area of all clubs, commercial
clubs, commercial~ schools, commercial-recreational
establishments, dry cleaning depots, personal service shops,
places of assembly, places of amusement or entertainment,
places of worship, and restaurants - type A on the lots shall
not exceed 50% of the gross leasable floor area of all
buildings on the lot;
D
The maximum gross leasable floor area for any personal
service shop, or restaurant - Type A shall be 325 square
metres;
E
The maximum aggregate gross leasable floor area shall be:
(i) for all personal service shops on the lands: 325 square
metres
(ii) for all restaurants- Type A on the lands: 325 square
metres
Notwithstanding any other provision in this By-law, a waste
transfer and management facility shall not be permitted on
lands designated "MC-19" on Schedule I attached hereto.
-7-
BY-LAW 2511
By-law 2511 is hereby 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 2511.
7, 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.
David Ryan, Mayor~~--
Bruce Taylor, Clerk
\
\
\
MC-19
SCHEDULE T TO BY-LAW
PASSED THIS
DAY OF .2OO4
MAYOR
CLERK
5O
O
ATTACHMENT I, J ,TO
REPOR'I' # PD c3 c~ . 0 ~
CLEMENTS
ELDSPAR COURT
McPHERSON COURT
D.N.R.
SUBJECT
PROPERTY
ROAD
C.N.R.
McKAY
MONTG(~M[R¥ PARK
ROAD
City of Pickering
Planning & Development Department
PROPERTY DESCRIPTION PART OF LOT 18, RANGE 3, BROKEN FRONT CONCESSION
OWNER PRESIDENTIAL MANAGEMENT & DEVELOPMENT CORP. DATE OCT 21, 2003 DRAWN BY JB ~/~
APPLICATION No. A22/03 SCALE' 1:7500 CHECKEDBY PK
FOR DEPARTMENT USE ONLY PN-4 PA-
ATTACHMENT# ~_ TO
INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN
A 22~03 - PRESIDENTIAL MANAGEMENT & DEVELOPMENT CORP.
THIS MAP WAS PRODUCED BY THE CITY' OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, JAN. 6, 2003.
52
ATTACHMENT# *~ TO
I::EPORI' ~ PD "') 9' 0 ./-/' _
PICKERING
INFORMATION REPORT NO. 23-03
FOR PUBLIC INFORMATION MEETING OF
November 20, 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 22/03
Presidential Management & Development Corp.
813-821 Brock Road
Part of Lot 18, Range 3, B.F.C.
City of Picketing
1.0
2.0
3.0
3.1
PROPERTY LOCATION AND DESCRIPTION
the subject property is located on the east side of Brock Road and south of
MacPherson Court (see Attachment #1 - Location Map);
the subject property currently supports three existing buildings;
the surrounding land uses are primarily industrial and commercial.
APPLICANTS PROPOSAL
- the applicant proposes to amend the existing zoning on the subject lands to
permit additional industrial and commercial uses within the three existing
buildings;
- no development is proposed at this time.
OFFICIAL PLAN AND ZONING
Durham Reqional Official Plan
the Durham Regional Official Plan identifies the subject lands as being within
a Employment Area designation;
this designation permits manufacturing, assembly and processing of goods,
service industries, research and development facilities, warehousing,
business parks, limited personal service uses, hotels, storage of goods and
materials, retail warehouses, freight transfer and transportation facilities;
the applicant's proposal appears to comply with this designation;
Information Report No. 23-03
ATTACHMENT #,.,,,, ,.~ TO
REFOR'I # PD~~
Page 2
53
3.2
3.3
Pickerin ,q Official Plan
the subject property is designated Employment Area - General Employment
within the Brock Industrial NeighbourhoOd;
employment areas are areas with significant concentrations of manufacturing,
assembly, warehousing and/or related employment opportunities;
employment areas are classified according to their mix of uses, their
operational characteristics, their design, and their performance requirements;
permissible uses within Employment Areas - General Employment are
manufacturing, assembly, processing of goods, service industries, research
and development facilities, warehousing, storage of goods and materials,
waste transfer and recycling, waste processing, freight transfer, transfer
facilities, automotive and vehicle sales and repair; offices as a minor
component of an industrial operation or serving the area, limited personal
service uses and restaurants serving the area, retail sales as a minor
component of an industrial operation; community, cultural and recreational
uses, and other uses with similar performance characteristics that are more
appropriately located in an employment area;
Schedule II of the Pickering Official Plan '-"Transportation System"
designates Brock Road as a Type C Arterial Road;
the applicant's proposal appears to comply with the Employment Area -
General Employment designation of the City's Official Plan;
Zoning By-law 3036
the subject property is currently zoned "M2"- Industrial Zone by By-law 2511;
the following table identifies the current uses permitted, and the applicant's
proposed uses as per the Employment Area - General Employment
designation of the City's Official Plan:
Permitted Uses Proposed Uses
bakery or dairy; business offices; creamery; dry
cleaning, pressing, laundry establishment;
garage; light manufacturing plant; manufacturing
plant; open air markets; printing establishment or
duplicating shop; professional offices; public
parking lots; service or repair shop; transport
terminal for the loading and unloading of
transport vehicles; and warehouse or distributing
depot.
*applicant's complete list of requested uses are
headings of permitted uses and proposed uses.
club; commercial club; commercial-recreational
establishment; commercial school; dry cleaning
depot; food preparation plant; merchandise
service shop; personal service shop; place of
amusement or entertainment; place of assembly;
place of worship; rental establishment;
restaurant; sales outlet; scientific, medical or
research laboratory; truck depot; vehicle repair
shop; vehicle sales and rental establishment;
waste management and transfer facility.
a combination of all the uses listed under the
*sales outlet (proposed use) - a maximum of up to 25% of the Gross Leasable Floor Area (GLFA) of
a permissible industrial operation, and up to a maximum of 40% of the GFLA of a permissible
industrial operation provided that no more than 25% of the GFLA of the building constitutes sales
outlets.
*proposed non-industrial uses shall not exceed 50% of the Gross Leasable Floor Area of the
building.
Information Report No. 23-03
Page 3
a zoning by-law amendment is required in order to evaluate the
appropriateness of the requested uses and to subsequently permit these
additional industrial and commercial uses within the three existing buildings.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
- no resident comments have been received to date;
4.2
4,3
Agency Comments
- no agency comments have been received to date;
Staff Comments
in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
· ensuring that the proposal is compatible with, and sensitive to,
surrounding existing industrial and commercial development;
· the compatibility of the proposed uses within the existing built form;
· updating the definitions of the permitted and proposed uses in the zoning
by-law;
· site function;
· examining traffic generation and on site parking availability - specifically
addressing concerns regarding the existing industrial parking ratio and
available parking spaces on site in relation to some of the proposed
industrial and commercial uses, which may generate a higher traffic
volume and parking requirement;
· landscaping; and
· full scale copies of the applicant's submitted plan have not been received
and will be required for review prior to a recommendation report being
forwarded to Council.
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.
Information Report No. 23-03 Page 4 5,~
6.0
6.1
6.2
6.3
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
the applicant's zoning by-law amendment application form and associated
letter are available for viewing at the offices of the City of Picketing Planning
& Development Department;
Property Principal
The principal of Presidential Management & Development Corporation is
Samuel Wygodny and Bryce Jordan of Sernas Associates is the agent
working on behalf of Presidential Management & Development Corporation.
hRIGINAL SIGNED BY
ORIGINAL SIGNED BY
Perry Korouyenis
Planner I
PK:jf
Attachments
Lynda Taylor, MCIP, RPP
Manager, Development Review
Copy: Director, Planning & Development
APPENDIX NO. I TO
INFORMATION REPORT NO. 23-03
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date;
COMMENTING AGENCIES
(1) none received to date;
COMMENTING CITY DEPARTMENTS
(1) Planning & Development Department.
VICK"F R! NG
~:,~'~ ~ ~'.. (~.?.:. o ? Excerpts from
Statutory Public Information Meeting
Thursday, November 20, 2003
7:00 P.M.
57
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 22/03
PRESIDENTIAL MANAGEMENT & DEVELOPMENT CORP.
813-821 BROCK ROAD
PART OF LOT 18, RANGE 3, B.F.C
Lynda Taylor, Manager- Development Review, provided an explanation of the
application, as outlined in Information Report #23-03.
No comments from the applicant.
No comments from those having an interest in the application.
58
BLAra ,CAsS .LS & GP. AYOON LLP
Novcmbar 20, 2003
Box 25, Commerce Court West
199 Bay .qtreet
Toronto~ Dot. iD, Canad3
MSL lA9
Deliveri~: 28~' Floor
Telq~ho=e: 416.863.2400
Facsimile: 416.863.2653
w~w.blakes.com
City of Picketing
Planning & Development D~artrnent
1 The Esplanade
Pickering, Ontario
L1V 6K7
T. W. ~errnfngham
Partner
Direct Dial; 416.863.2946
E-mail: twb@hlake~.cem
Attention: P~m'y Korouy~is
Dear Mr. Korouyenis:
Re: Zoning By-law Amendment Application A21/03
Re: GTA Industrisl Properties,Inc.
Re: 940 Brock Road, Part of Lot 19, Range 3~ City of Picketing
and
Re: Zoning By-law Amendment Application A22/03
Re: Presidential Management and Development Corp.
813-821 Brock Road, Part of Lot 18, Range 3 B.F.C., City of Piekering
Re: Public Meeting November 20, 2003
Received, with thanks, Information Reports Nos. 21/03 and 22-03 regarding this application
w~ch is ~chcAuled to be heard at a public meeting on November 20, 2003. We act for CREIT
Managem~t Limited which owns th~ lands municipally known as 925 Brock Road and the lands
municipally known as 1100 Equir~s Beach Road. Our client beli~ves that it is of great
import~ce to maintain the integrity of the employment area as a g~ncral employm~t
designation ~ud the integrity o£the M2 zoning. Th~ viability of sites for indust6al us~ will suff~
as non-residential and comm~rclal usce arc introduced into the area.
We respectfully disagree that the addition of the proposed uses s~t out in the Jnformat/on Report
conforms to the applicable Official Plan policies. We do not believe that these changes could be
introduced without an O~icial Plan amendment.
21214476.1
Moni~'lal Oitava Toronto Calltary vall~;auv~ Landon , Beijins
i ¥. CU.t~UUO l/.JU£1~l i'.~ul¥1 I~IUUUJ~,UUJ l'lu. UIUJ £. O
BLAKE,CAss T & GRAYDON LLP
BARR'[STER-~ & SOLICITORS I PATENT & TR,~'O£-UARN AGENTS
Specifically:
ATTACHMEIgT # ~ TO
Pago2
(a) a number of the proposed uses are either not contc~nplated at all in the
Employment Area (such as, for example, commercial clubs, commercial-recreational
establishments and places of amusement or e~tertainmcnt and place of assembly);
(b) there arc no provisions to implement the requirement of the Official Plm that
requires service and restaurants to be limited to service of the stoa;
(c) thc proposal to allow up to 50% of the GLFA of a building to bc used for non-
industrial proposed uses (other than sales Outlets) disregards and contradicts the specific
protections in the Employment Area policies restricting non industrial uses; and
(d) the proposal to permit sales outlets appears to allow sales outlets that arc not
minor components of an industrial operation and instc~l merely limits them by size (which goes
beyond and contrad/cts the Official Plan.)
We respectfully request that the application be refused.
We would appreciate receiving a copy of the Committee's decision and, by copy of this letter to
the City Clerk, we hereby r~uest notice of any further public meetings and a copy of any
decisions arising from the consideration of this application by Council or its ComrMtteas,
59
Yours very truly,
T, W. Bm-mingham
TWBtmg
Clt~"l~ City of Pickerln§
Linda Taylor, MCIP, RPP. Manager, Developrr~nt Review
Ncil Carroll, Director, Pl~ning & Development
CREIT Management Mmit~
OTA In~luatrial Prolmrtie~ lnc,
21214476.1
RECEIVED
NOV 1 8 .?.003
OITY OF pIOKERIN6
PLANNING & DEVELOPMENT
DEPARTMENT
Railway PropeRies
' Propd~td~ ferroviaires
VIA FAX: g05-420-7648
17 November 2003
Mr. Perry Korouyenis, Planner 1
City of Pickering
One The Esplanade
Pickering ON L1V 6K7
Your File: A 22/03
Our File: TZ-4500-P-02
Dear Mr. Korouyenis:
Re:
Proposed Zoning By-law Amendment
East side of Brock Roadr south of MacPherson Court
.We have revieWed your letter received 3 November 2003, regarding the above noted
application and have the following comments:
1. Any proposed alterations to the existing drainage pattern affecting Railway
property must receive prior concurrence from the Railway and be substantiated by
a drainage report to the satisfaction of the Railway.
We recommend that the Applicant/Owner install and maintain at his own expense,
a chain link fence of minlmum 1.83 metre height along northern property
boundary.
In addition, rail noise, vibration and safety should be considered in the design of the
development, to the satisfaction of the City,
Should you have any further questions, please do not hesitate to contact the
undersigned at (z~16) 217-6961.
Yours truly,
Geoff Woods, B.E.5.
Development Review Coordinator
~-n-Ac~um-r ~ '? TO
I PROJECT NAME:
ADDRESS/PLAN:
MUNiCiPALITY:'
II REF. NO.: A 22/03
VERIDIAN CONNECTIONS
DEVELOPMENT APPLICAT~ION REVIEW
SERNAMS ASSOCIATES '
F_A~T SDE OFBKOCK KD AND SOUTH OF MCPI-IERSON COUKT
PICKERING
SUBMISSION DATE: OCT 31 2003
'All clccUical dezign details per~a!~g to ~a¥ piopos~d indu~al/commexcial dcvclopmgnt to be submitted to
Ve~ai~u CoImecfions ~ la advance o£pmiect cca~anciioa ~o tMt-a pielimin~ desigu and ee~t~:nat~ canbe
completed,
6!¸
Technical Repmeantafive - Ken Gallan
Telephone 427-9870 Ext; 3262
62
The Regional
Municipality
of Durham
PlanningDepartment
1615 DUNDAS ST. E.
4TM FLOOR, LANG TOWER
WEST BUILDING
PO BOX 623
WHITBY ON L1N 6A3
CANADA
905-728-7731
Fax: 905-436-6612
Emaih planning@
region.durham.on.ca
www.region.durnam.on.ca
A.L. Georgieff, MClP, RPP
;ommissioner of Planning
"SerVice Excellence
for ¢~d~Ur ~ommunities"
December 10, 2003
AT'I'ACHMEI~,IT #, (~ TO .
One the Esplanade
Pickering, Ontario
L1V 6K7
Perry Korouyenis, Planner I
Planning & Development Department
RECeiVED
Dear Mr. Korouyenis:
Re:
2003
CiTY OF PIOKERING
PLANNING & DEVELOPMENT
DEPARTMENT
Zoning Amendment Application A 22/03
Applicant: Sernas Associates on behalf of Presidential
Management & Development Corporation
Location: Part of Lot 18, Broken Front ConCession
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
res ponsibilities.
The application proposes to rezone the subject property to permit
additional industrial and commercial uses.
Durham Reqional Official Plan
The subject lands are designated "Employment Area" in the Durham
Regional Official Plan. Manufacturing, assembly and processing of
goods, service industries, research and development facilities,
warehousing, business parks, limited personal service uses, hotels,
storage of goods and materials, retail warehouses, freight transfer, and
transportation facilities are permitted within this designation.
Municipal Servicing
The subject property is connected to full municipal services.
The proposed uses for the 'site are required to anticipate water
consumption design calculations, anticipated sewage flow design
calculations, and the types of industrial and/or commercial effluent
anticipated. This information is needed to determine the potential effects
u pon the Regional Water Supply and Wastewater Treatment facilities.
Depending upon the data received, it may be necessary for this
application to be reviewed by the .Wet Screening Committee.
100% Post Consumer
Page 2
Transportation
Upon the submission of a detailed site plan, the Region may require road
improvements 'and/or road Widenings along the Brock Road frontage :in
support of any access requirements,
If a site plan application is submitted and the Region determines that the
capaCity and/or safe traffic operations of any existing access to Brock
Road may demonstrate the.need for higher order of controls, the Region
'reservesthe right to impose restrictions:as a'conditi0n of'site plan
approval.
ProvinCial Plan Review Responsibilities
'['he application has been screened 'in accordance with the provincial
plan review resp°nsibilities. 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
cc. Rob Roy, Durham Region Works Department
R:\t rainingVd~zoning'cickering a22-03.doc
64
ATI'~,SHMEN'i' #_~TO
Notice of a Public Meetinq to be held
Thursday, November 20th, 2003 at 7:00 p.m.
Pickering Civic Complex - Council Chambers
One the Esplanade, Pickering, L1V 6K7
for the following Planning Applications
File Type & Number
Owner / Applicant
Property Location
Proposal
Written Information
Available
Last Date for Comment
Planning Contact
Pickering Official Plan
Designation
Zoning By-law 2511
Zoning Amendment Application - (A 22 / 03)
Sernas Associates on behalf of Presidential Management &
Development Corporation
East side of Brock Road and south of McPherson Court,
bearing the municipal address of 813 -821 Brock Road
To change the zoning on the subject property to permit
additional industrial and commercial uses.
Information Report available from the office of the City Clerk
on or after November 14th, 2003 and at the Information
Meeting
November 27TM, 2003
Perw Korouyenis, Plannerl
Tel.:905-420-4660, extension 2194
Fax:905-420-7648
"Employment Area" - General Employment with the Brock
Industrial Neighbourhood"
'M2'-Industrial Zone
pUblic Meeting Notice
Page 2
6..5
Planning Act
Requirements
Date of this Notice
Fire Department
comments
Rex Heath,
Fire Prevention Officer
Pickering Fire Services
Tuesday, November
2003
If you wish to reserve the option to appeal a decision of the
City of Pickering, you must provide oral comments at the
public meeting or written comments to the City before
Council adopts the amending zoning by-law.
If you wish to be notified of the adoption of the passing of a
zoning by-law, you must make written request to the City
Clerk.
October 28, 2003
The Pickering Fire Service forwards no objectionable
comments at this time. We do however reserve the
opportunity to view a) any plans submitted at the time of the
building permit stage b) review any proposed plans for the
implementation of any waste management and transfer
facility.
!
z
LIJ
--I
_J
LL
LLI
n
IJJ
.--.I
Ltl
LLI
m