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HomeMy WebLinkAboutPD 39-04PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 39-04 Date: October 8, 2004 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 8/04 Y & M Bessada Kia Canada Inc. 1675 Bayly Street (North Part of Lot 19, B.F.C. Range 3) City of Pickering Recommendation: That Zoning By-law Amendment Application A 8/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 39-04, to amend the existing zoning on the subject lands to permit vehicle sales and service, on lands being North Part of Lot 19, B.F.C. Range 3, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 8/04, as set out in Appendix I to Report Number PD 39-04 be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit a vehicle sales and service establishment on lands located immediately west of the Petro-Canada service station located at the southwest corner of Brock Road and Bayly Street (see Location Map, Attachment #1). The applicant proposes to relocate the existing Kia dealership from 1644 - 1698 Bayly Street to the subject lands. Currently, the subject lands are being used a temporary storage for vehicles of the existing dealership. The applicant received site plan approval for this temporary operation. The vehicle sales and service establishment use complies with the provisions of the City's Official Plan and the subject lands are suitable for the proposed use. It is recommended that the application 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 Report PD 39-04 Subject: Zoning By-law Amendment Application A 8/04 Date: October 8, 2004 Page 2 Background: 1.0 Comments Received 1.1 At the August 5, 2004 Information Meeting (see text of Information Report, Attachment #2) Public Comments - no public present at meeting for this application. 1.2 Agencies: Applicant Comments no comments. Durham Region Planning Department Veridian Connections - conforms with Regional Official Plan; municipal water supply and sanitary sewer are available; a road widening of 22.5 metres from the centerline of Bayly Street is required; access would be restricted to a right-in/right-out only; no Provincial interests identified; (see Attachment #3); no objection; '1.3 City Departments: Development Control the site is within the Krosno Watercourse Drainage Area and must control their storm drainage; post development should match pre-development levels; quality control of storm drainage must be addressed; a sidewalk across the frontage is required; it may need to be extended beyond the limit of the site in order to connect to an existing sidewalk; these works are identified as a development charge project and will be partially funded by the City and will be dealt with through agreements and the site plan process; (see Attachment #4); Report PD 39-04 Subject: Zoning By-law Amendment Application A 8/04 Date: October 8, 2004 Page 3 2.0 2.1 2.1.1 2.1.2 2.2 2.2.1 2.2.2 Discussion Use and Compatibility Proposed use conforms to the Pickerinq Official Plan. The applicant is proposing to develop a vehicle sales and service establishment, not including a body shop. The subject property is designated "Employment Area - Mixed Employment" in the Pickering Official Plan. This designation permits the proposed use to be considered for approval. Approval of the rezoning would implement the Pickering Official Plan designation. The proposed use also conforms to the Region of Durham Official Plan. The site is suitable for the proposed use. The proposed use would be compatible with the surrounding land uses of a gas station, vehicle related retail and services, and industrial-commercial uses. Sufficient site area is available to accommodate the proposed use and required parking. Access to the site will be restricted to a right-in right-out movement onto Bayly Street, as required by the Region of Durham (see Attachment #3). Zoning By-law Performance Standards Building setbacks will be appropriate for a Vehicle Sales and Service Establishment, while providinq an adequate display area. The by-law will establish a minimum and maximum front yard depth, which will ensure that a building is constructed on the lot within an appropriate distance from Bayly Street, while maintaining an adequate display area. The proposed front yard depth allows for a 3.0 metre wide landscaping area, a display area, two to three rows of parking, and one to two two-way drive aisle. Adequate space will be available to the rear of the property to accommodate storage of additional vehicles and vehicle delivery. Building Height requirements will encouraqe substantial massinq on the subiect lands. A 6.0 metre minimum height requirement is recommended for the subject lands. This height is reflective of recently approved vehicle sales and service establishments in the City. The minimum height requirement will provide a significant building height along Bayly Street, while maintaining the character of the surrounding properties, which are predominately industrial/commercial buildings. Report PD 39-04 Subject: Zoning By-law Amendment Application A 8/04 Date: October 8, 2004 Page 4 2.3 Site Planning 2.3.1 3.0 The Site Plan Approval Process will address Site Development, Site Functioning, and Urbanization Works to be secured through appropriate agreements. The final detailed building and site design has not been determined. However, based on conceptual plans of other Kia dealerships and preliminary sketches, adequate parking and efficient site functioning can be achieved. A sidewalk will be required across the property frontage. This work is identified as a development charge project and will be partially funded by the City and addressed through the site plan process. Stormwater management must be provided respecting both water quality and quantity. The site is within the Krosno Watercourse Drainage Area and must control storm drainage. Post development levels must match pre development levels and water quality measures must also be provided. Applicant's Comments The applicant is aware of the contents of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. APPENDIX: Appendix I: Draft By-law Attachments: 2. 3. 4. Location Map Information Report Comments from the Region of Durham Planning Department Comments from Development Control Report PD 39-04 Subject: Zoning By-law Amendment Application A 8/04 Date: October 8, 2004 Page 5 Prepared By: Geo¢ Rol~r[owski Planner I Approved Endorsed By: Ne~l C~-r r~ I ~c_~jp,.~/p Director, Plann"lT~ & Development Lynd~~P~P ' Manager, Development Review GXR:Id Attachments Copy: Chief Administrative O¢icer Thomas J. ©uinnJ C~ief ,t~,~inistrative Officer APPENDIX I TO REPORT NUMBER PD 39-04 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 8~04 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. OR,4FT 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, North Part of Lot 19, B.F.C. Range 3, City of Pickering. (A 08/04) WHEREAS the Council of The Corporation of the City of Pickering deems Pt desirable to permit a vehicle sales and service establishment use on the subject lands, being the North Part of Lot 19, B.F.C. Range 3, in the 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: 1. SCHEDULE I Schedule I attached to this By-law 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 being North Part of Lot 19, B.F.C. Range 3, in the City of Pickering, designated "SC-36" on Schedule I attached to this By-law. GENERALPROVISIONS 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. 4. DEFINITIONS In this By-law, (1) "Body Shop" shall mean an establishment in which motor vehicle bodies are repaired and/or painted; (2) (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; (3) (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "Front Yard Depth" shall mean the shortest horizontal dimension of the front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (4) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point or the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (5) "Vehicle Display Area" shall mean a specified area used specifically for the display of vehicles which are associated with a vehicle sales and service establishment; - - DRAFT (6) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed, but shall not include a body shop, as defined herein, or any establishment engaged in the retail sale of motor vehicle fuels; (7) "Vehicle Sales and Service" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels, or a body shop as defined herein; PROVISIONS Uses Permitted ("SC-36" Zone) No person shall, within the lands zoned "SC~3~" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure ~or any purpose except the ~ollowing: (a) vehicle sales and service Zone Requirements ("SC-3~" Zone) No person shall within the lands designated "SC-3~" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the [ollowing provisions: (1) (2) (a) BUILDING RESTRICTIONS (i) Front Yard Depth: A Minimum: 22.0 metres B Maximum: 32.0metres (ii) Side Yard Width .(minimum): (iii) Rear Yard Depth (minimum): (iv) Building Height (minimum): (b) OUTDOOR STORAGE (ii) 3.0 metres 3.0 metres 6.0 metres No outdoor storage is permitted in any yard; Despite subclause 5(2)(b)(i) above, the storage of automobiles in association with a vehicle sales and service use shall be permitted in any yard; (ii) Despite clause 5.21.2d) of By-law 2511, as amended, a maximum of 3 vehicles may be located within the vehicle display area, which shall be located within the 3.0 metre parking area setback. (iii) No parking space, as required by subclause 5,(2)(c)(i) above, may be used for the storage or display of automobiles; For a vehicle sales or rental establishment use, there shall be provided and maintained on the subject lands a minimum of 3.0 spaces per 100 square metres of gross leasable floor area. (i) (C) PARKING REQUIREMENTS -3- (iv) Clauses 5.21.2a) to 5.21.2c) and 5.21.2e) inclusive, of By-law 2511, as amended, shall not apply to the lands zoned "SC-36" on Schedule I attached hereto; (v) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 2511, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; o 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 matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, 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 ., 2004. day of David Ryan, M SC-36 SCHEDULE T TO BY-LAW PASSED THIS DAY OF MAYOR 2004~~~~~ CLERK ATTACHMENT ~ // .... TO REPOR'I' ~ PD ~ ?* 0 ~ o I ("-) PLUMMER STREET : · , QUARTZ sT. ° BAYLY STREET BAYLY STREET SUBJECT x l ['" PROPERTY C) r~ O~A~GFBROOK < O F~ ~' jo Gitg of ~ickorin~ Planning & Dovolo~ment Do~artmont PaO~E~-~ DESCriPTiON RAU~ a, aRO~N ~ROUT COUC~SS~OU, UORT. PART ~, LOT 40R-10527 PART 2 OWNER BESSADA I~IA DATE JUNE 14, 20041 DRAWN BY JB "~/'~ FILE No. A 08/04 SCALE 1:5000 CHECKED BY GF{ FOR DEPARTMENT USE ONLY PN-4 PA- ATq'ACHMENT # ~,__~...~TO REPOR'I' # PD ~ ~' - 0 ¥ PICKERING INFORMATION REPORT NO. 11-04 FOR PUBLIC INFORMATION MEETING OF August 5, 2004 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 8/04 Y & M Bessada Canada Inc. North Part of Lot 19, B.F.C. Range 3 (1675 Bayly Street) City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is approximately 0.65 hectares in size, and located one property west of Brock Road on the south side of Bayly Street (see Attachment #1 - Location Map); the property is currently operating as a temporary storage area for the existing Pickering Kia dealership located directly across Bayly Street; Petro-Canada is located to the east, a vacant parcel to the west; a machine shop to the south, and to the north is an automotive-industrial plaza. APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject lands to permit an automobile dealership (see Attachment #2 - Applicants Submitted Conceptual Site Plan); OFFICIAL PLAN AND ZONING Durham Reqional Official Plan the Durham Regional Official Plan identifies the subject lands as being designated "Employment Area"; this designations goal is to establish Employment Areas and efficiently guide their development to obtain the greatest benefit for the Region; to increase job opportunities for the residents of the Region; Information Report No. 11-04 ATTACHMENT # ~ TO REPOR3 # PD .'~ ~" 0/./c Page 2 3.2 3.3 4.0 4.1 - the applicant's proposal appears to comply with this designation; Pickering Official Plan - the subject property is designated "Employment Area - Mixed Employment" within the Brock Industrial Neighbourhood; - this designation permits all uses permissible in prestige employment areas along with limited retailing of goods and services serving the area; - this property is located within one of the two Detailed Review Areas within the Brock Industrial Neighbourhood; - Schedule II of the Pickering Official Plan -"Transportation Systems" designates Bayly Street as a Type A - Arterial Road; Zoning By-law 2511 - the subject property is currently zoned "MI" - Storage & Light Manufacturing by By-law 2511/00; - the current zoning permits the following uses: Commercial Uses · Open air markets, professional office; public parking lots, a business office, a Storage and Light Manufacturing Uses · a service or repair shop; · a warehouse or distributing depot; · a garage; · a dry cleaning, pressing, laundry establishment; · a creamery; · a printing or duplicating shop; · a bakery or a dairy; · light manufacturing or assembly of manufactured products such as: apparel and finished textile or fabric product; paper and allied products; furniture and finished lumber products; light metal products such as precision instruments, watches and radios; to amend the existing zoning to permit an the applicant is requesting automobile dealership. RESULTS OF CIRCULATION Resident Comments - no resident comments have been received to date; Information Report No. 11-04 ATTACHMENT # '~ .TO Page 3 REPORT~PD ,~ ?-O~ 4.2 4.3 5.0 A.qency Comments - Pickering Fire Services had no objections, but would reserve the opportunity to make comment at the time of site plan review; Staff Comments in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: Use · · the compatibility of the proposed use with the existing built form; this zoning amendment will evaluate the appropriateness of the requested use; Parking · examination of the parking requirements for the proposed use to ensure minimum on-site parking is available; · examination of existing parking standards for the site/zone to determine if the site will function appropriately based on other potential uses associated with an automobile dealership; · evaluate parking options to determine if floor space limitations are required; · evaluate the maximum parking capacity of the site; Other · in order to provide appropriate zoning for the subject property a conceptual site plan must be submitted for review; · if any other uses are required for this amendment, for example a body shop, they should be brought to the attention of the Planning & Development Department for consideration; · no detailed development guidelines will be implemented through this amendment application for this property at this time; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. 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; Information Report No. 11-04 ATTACHMENT# ~- ,TO Page4 6.0 6.1 6.2 6.3 - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Received full scale copies of the Applicants submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; Property Principal & Prospective Purchaser the principal of 1675 Bayly Street is Larry Marchiori of 489349 Ontario Limited; the prospective purchaser of 1675 Bayly Street is Y & M Bessada Canada Inc. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Geoff Romanowski Planner I GXR:Id Attachments Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development ATIAOHMENT #---~T0 REPORI ~ PD 3 E' ' ~,' ~ --. APPENDIX NO. I TO INFORMATION REPORT NO. 11-04 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) none received to date; COMMENTING CITY DEPARTMENTS (1) Pickering Fire Services. The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4TM FLOOR, LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA --~05-728-7731 ax: 905436-6612 Email: planning@ region.durham.on.ca www, region,durham.on.ca A.L. Georgieff, MClP, RPP Commissioner of Planning for .a~" c~mrnunities'; July 28, 2004 Geoff Romanowski, PI.anner I Planning & Development Department One the Esplanade Picl~e.ring, Ontario LlV 6K7 ' ' T~ .JUL 2 9 2004 CITY OF PICKERING PLANNING & DEVELOPMENT DEP,aJ:~TM ENT Dear Mr. Romanowski: Re: Zoning Amendment APplication A 8104 ApPlicants: 489349 Ontario Inc./Y&M Bessada Canada'lnc. Location: part of Lot 19, Broken Front 'Concession 1675 Bayly Street Municipality: City of Pickering · We have reviewedthis application and the following comments are. offered. The. application proposes to rezone the sUbject property to permit an automobile dealership. DUrham Reqionai OffiCial Plan The subject lands are designated "Employment Area'~ in ,the.Durham Regional Official Plan, SPecial purpose commercial' uses, including automobile dealerShips, are permitted within this designation, The proposal .woUld .be permitted by the policies of the Durham Regional' Official Plan. Municipal Servicinq Municipal water supply and sanitarY sewer service are available'to 'the subject property. TranSportation Bayly Street .is designated as a Type' A' arterial roadin the Durham · Regional Official Plan. A road Widening along, the Bayly Street frontage is reqUired to obtain a-right-off,way'width of. 22.5-metres from centreline'. Regional conditions on a related land severance application (LD 206/99) required a right-of-way easement to permit shared access between the subject.site and the abutting property to the west in order to minimiZe-the number, of entrances along Bayly Street. AcCess would be restricted to 100% Po~t Consumer ATTACHMENT# ~,' TO REPORT dL' PD ~ ? '0.'~ ' Page 2 right-in/right-out only. Additional comments, with respect to Proposed access to the site will be provided upon the submission of a detailed site plan. Provincial Plan Review Responsibilities The application has been screened in accordance with the provincial plan review responsibilities. It is our understanding that. a Site-screening questionnaire, was not completed' for the subject application. This questionnaire should be completed by a professional engineer to ensure the site is dean-and suitable, for the proposed use. 'No further provincial interests are affected by the proposal. If you have any questions or require.a~dditional' info~'mation, pleaSe call me. Yours truly, Ray Davies, Planner Plan Implementation Current Operations Branch cc. Pete CaStellan, Durham RegiOn Works Department R:'trd~oning',pickefing a08-04.doc AT1 ACH~,,~ENT #~.=_..._TO PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM September 22, 2004 To.' From: Subject: Geoff Romanowski Planner I Robert Starr Supervisor, Development Control Zoning By-law Amendment Application A 8~04 Y & M Bessada Canada Inc. North Part of Lot 19, B.F.C., Range 3 1675 Bayly Street City of Pickering We have reviewed the above-noted application and provide the following comments: 1) The site is within the Krosno Watercourse Drainage Area and as such must control their storm drainage, post development to pre development levels. Quality control of storm drainage will also need to be addressed. 2) We will require that development of this site include a sidewalk across the frontage, which may need to extend beyond the limit of the site in order to connect to an existing sidewalk. These works are identified as a development charge project and will be partially funded by the City. This will be addressed through an agreement during the site plan process. RS:bg Copy: Coordinator, Development Approvals Development Control Inspector