HomeMy WebLinkAboutPD 48-06
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REPORT TO
EXECUTIVE COMMITTEE
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Report Number: PO 48-06
Date October 10, 2006
From: Neil Carroll
Director, Planning & Development
SUBJECT: Zoning By-law Amendment Application A 3/06
Brookdale Centre Inc.
Part of Lot 23 & 24, Concession 1
1105 Kingston Road
City of Pickering
Recommendation:
1. That Report PO 48-06 of the Director, Planning & Development, regarding
Brookdale Centre Inc. be received;
2. (a) That Zoning By-law Amendment Application A 3/06 submitted by Brookdale Centre
Inc., on lands being Part of Lot 23 & 24, Concession 1, City of Pickering, to
amend the zoning to permit commercial development for a home improvement
centre and a variety of retail, personal service shop, office and restaurant uses, be
approved as revised, for a portion of the subject lands for a home improvement
centre only, with a "(H)" holding provision subject to the conditions outlined in
Appendix I to Report PO 48-06;
or
2. (b) That should Council desire to defer consideration of Zoning By-law Amendment
Application A 3/06 submitted by Brookdale Centre Inc., until such time as the
Toronto and Region Conservation Authority flood mapping issue is fully resolved
and staff have subsequently determined the necessary revisions to the Town
Centre West Development Guidelines and conducted a comprehensive review of
the applicant's total proposal, that Zoning By-law Amendment Application A 3/06 be
referred back to staff;
3. That, should Recommendation 2. (a) be adopted, that the amending zoning by-law,
to implement a portion of Zoning By-law Amendment Application A 3/06, for a
home improvement centre only, as set out in Appendix II to Report PO 48-06, be
forwarded to City Council for enactment; and
4. Further, that Council direct staff to undertake a review of the Town Centre West
Development Guidelines and report back to Council on the need for modification
to the Guidelines based upon the completion of the stormwater management
investigation for the area.
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02 ,) Report PO 48-06
Subject: Brookdale Centre Inc. (A 3/06)
Date: October 10, 2006
Page 2
Executive Summary: The applicant proposes to redevelop the 7.5 hectare
property for a commercial project that includas a home improvement centre and a variety
of retail, personal service shop, office and restaurant uses. Both single and multiple
tenant buildings are proposed for the site, with Home Depot as the dominant tenant.
The lands currently support a vacant industrial building (previously occupied by TNT
Transport and Schindler Elevator), and a commercial plaza located opposite Walnut
Lane on the south side of Kingston Road (Walnut Grove Plaza). A zoning amendment
and changes to the Town Centre West Development Guidelines are required to
implement the proposal.
The Toronto and Region Conservation Authority (TRCA) has advised that recent flood
modeling of Pine Creek has identified significant concern with development in the
Town Centre West Neighbourhood. The entire subject property, as well as surrounding
properties in the Town Centre West area, are impacted by this mapping. The
implications of this concern on the development potential of lands in Town Centre West
could be significant and is currently being reviewed in detail by TRCA, the applicant,
and the City, and will take some time to complete. However, the applicant has advised
that Corporate Home Depot requires a decision on the rezoning of these lands by mid
October, or the project will be placed in jeopardy.
In view of the urgency expressed by Corporate Home Depot respecting its development
decision for this site, the City's Chief Administrative Officer requested that
Planning & Development bring forward a report for Council's consideration, to allow
Council to determine whether to proceed at this time with a site specific rezoning for
only the Home Depot component of the development proposal. Should zoning approval
be granted, Home Depot will still be required to satisfy TRCA with respect to
flood-proofing requirements.
The flood mapping matter identified by TRCA is of significant concern to staff, as it may
seriously impact the broader development vision for the Town Centre West
Neighbourhood. Until such time as this matter is resolved, the planning context within
which we are working is unknown, making it difficult to properly evaluate the proposal.
Prior to learning of TRCA's flood mapping concern, staff had concluded that a Home
Depot facility could be appropriately introduced into the Town Centre West
Neighbourhood provided the fundamental development/design principles of the
Town Centre West Guidelines were protected and maintained. This would require
changes to the applicant's proposal, to reflect more intensive mixed-use development
and to reorient the siting of some buildings. However, the Home Depot building was
supported generally in the area proposed by the applicant.
Should Council wish to proceed with the zoning of these lands at this time, it is
recommended that any approval be restricted to only the Home Depot component of the
development, and that an agreement be required through the use of a U(H)" holding
provision in the implementing by-law, to secure those elements of development that are
fundamental to the broader neighbourhood design vision (such as public roads,
signalization, site plan approval, and stormwater management/flood protection).
Report PD 48-06
Date: October 10, 2006
0;50
Subject: Brookdale Centre Inc. (A 3/06)
Page 3
The "(H)" holding provision will also ensure that the City, Region of Durham and TRCA's
interests are addressed through the execution of appropriate agreements. The
remaining elements of the application will be considered through a further staff report,
following resolution of the TRCA flood mapping matter and consideration of any
required amendments to the Town Centre West Development Guidelines.
Financial Implications: No direct costs to the City are anticipated as a result of the
approval of zoning for the Home Depot development. However, costs may be incurred
by the City for further review/remediation of stormwater/flooding mapping matters as
they impact the Town Centre West Neighbourhood, depending on the results and
recommendations of the current investigation. Any costs to the City will be brought to
the attention of Council through further reports.
Background:
1.0 Introduction
Brookdale Centre Inc. submitted an application to amend the zoning by-law in
order to permit development of a commercial project on a 7.5 hectare property, with
a home improvement centre and a variety of retail, personal service shop, office and
restaurant uses (see Location Map, Attachment #1). The submitted site plan
indicates the development of both single and multiple tenant buildings on the site
with one dominant building that has a single user, being Home Depot. A
seasonal outdoor garden centre associated with the home improvement store is
also proposed. Other buildings include a larger retail format building (three
tenants) located in the southern portion of the site, two buildings that will flank the
Kingston Road frontage and contain some second storey office space, and two
small single-tenant retail buildings centrally located on the site (see Attachment
#2).
The requested uses include: assembly hall; business and professional offices;
commercial clubs, schools and recreational establishments; day nursery; discount
department store; drug store; dry cleaning depot; financial institution; general
merchandise store; home improvement centre; personal service shop; restaurants;
retail store; service store; video store and accessory seasonal garden centre having
outdoor storage. The applicant's conceptual site plan proposes the creation of
one new municipal (public) street, being the road extending south from
Kingston Road, across from the signalized Walnut Lane intersection. All other
roads are proposed as private aisles/laneways.
Date: October 10, 2006
#.,'1 .Report PO 48-06
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Subject: Brookdale Centre Inc. (A 3/06)
Page 4
2.0 Comments Received
2.1 At the June 15, 2006 Public Information Meeting
Three area residents and two area business representatives appeared at the
Public Information Meeting to voice their comments respecting the application.
The residents raised concerns related to: notification process; sustainable
development; restoration of Pine Creek; noise; traffic in the adjacent residential
neighbourhood; tree preservation; the need for more retail; and impact of the
proposal on the residential tax base and on property values. The business
representatives supported the application provided certain matters are taken into
consideration (see text of Information Report and Meeting Minutes, Attachments #6
and #7).
2.2 Written Public Submissions on the application
One written submission was received from an abutting business owner, providing
support to the application, but noting that some implementation matters remain
that must be considered as development details evolve (see Attachment #8).
2.3 Agency Comments
Toronto and Region
Conservation Authority
- TRCA provided preliminary comments advising the
subject property is within the TRCA Regulated area
and all applicable requirements and polices will
need to be satisfied;
- that floodplain mapping indicates significant depth of
flooding on the subject property during a regional
storm event;
- TRCA notes that where development exists within
valley and stream corridors, higher levels of risk are
permitted;
- since there is an existing building on the property,
replacement buildings are permitted subject to the
new structure and parking having safe access and
being flood proofed;
- TRCA recommends a cooperative investigation into
the floodplain management issue for the subject
property and the surrounding properties that are
also impacted by the flooding; (see Attachment #9).
Report PO 48-06
Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 5
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Region of Durham
Ministry of
Transportation
- the proposal is permitted by the policies of the
Durham Region Official Plan;
- municipal water supply and sanitary sewer services
are available to the subject property;
- transportation and access requirements will be
concluded during site plan approval process;
- the applications have been screened in accordance
with Provincial Interests and Delegated Review;
- the Region has no objection to the application and
encourages the use of a "H" - holding provision to
ensure all Regional requirements have been
satisfied (see Attachment #10).
_ requires all building/structures and any accessory
activity be set back 14 metres form the Highway 401
property line (see Attachment #11).
No other agency that provided comment has objection to the application. Certain
technical issues and requirements related to the proposed use of the site can be
addressed during the site plan process, should this application be approved.
3.0 Discussion
3.1 Revisions to the Town Centre West Development Guidelines are required
The subject lands are within the Town Centre West Development Guideline
(TCWDG) area. The TCWDG were adopted by City Council in 1995 and
establish a vision for the development of the area as a vibrant mixed use area
that incorporates residential, commercial and office uses. The TCWDG establish
principles for the development of the area, including a mix of uses, an internal
road network pattern, connections to the existing Town Centre Neighbourhood
and adjacent neighbourhoods, a variety of housing and office buildings, and a
pedestrian and open space network.
Since the adoption of the TCWDG there has been little development interest in
the area. The application by Brookdale Centre Inc. for a Home Depot and other
commercial facilities has increased development interest in the area. It appears
that Home Depot may act as a catalyst for the development of the area.
Recently, a rezoning application was submitted by Nerotal Ltd., Emix Ltd.,
Lakeridge Properties Inc., and the Region of Durham to amend the zoning of the
lands located immediately west of the subject property, to permit additional
commercial uses.
n 0R,eport PO 48-06
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Subject: Brookdale Centre Inc. (A 3/06)
Date: October 10, 2006
Page 6
However, a 'big-box' retail centre is not reflective of the intensity or type of
development initially anticipated for ~his area of the City. The City has already
designated an area for 'big-box' development, being the First Pro Centre at
Brock Road and Pickering Parkway. While the Home Depot element of the
applicant's plan can be supported, it should only be introduced if it respects and
maintains the spirit and intent of the TCWDG. Further, the remainder of the site
should be developed in a more intensified fashion with mixed use buildings and
increased attention to urban design. The broader proposal by Brookdale Centre
will require revision if these development objectives are to be accomplished.
3.1.1 Road Network and Parcel Blocks must be established to accommodate future
development in the area
It is critical that development of this large land holding establish and secure the
block structure that will guide development of the broader neighbourhood. These
blocks will be created by the new internal municipal streets and private aisles,
and will establish a parcel structure that can accommodate the evolution of land
use over time, as envisioned by the TCWDG (see Attachment #3). The internal
road network planned for the Town Centre West Neighbourhood is an integral
component of the development vision for this area and is necessary to properly
serve the needs of future residents and businesses. The road network will
provide internal linkages between various access points around the perimeter of
the Town Centre West Neighbourhood, accommodate the evolution of land uses
in this area over time, and provide a focus for building design and pedestrian
activity.
The importance of pursuing a more intensified form of development in the
Town Centre West Neighbourhood was highlighted by City Council on June 6,
2005 through Resolution 91/05. This resolution identified the Town Centre West
Neighbourhood as a prime opportunity area for intensification and directed staff
to convey Council's interest for higher intensity land uses when dealing with
development interests in the area (see Attachment #12).
It is staff's recommendation that development must respect the fundamental
elements and principles of the TCWDG. While it is recognized that revisions to
the Guidelines will be necessary to address current development realities, the
core principles of the Guidelines continue to be supported. While a Home Depot
can be accommodated within the development concept generated by staff, (see
Attachment #4), other elements of the applicant's proposal will require revision.
These matters will be further discussed with the applicant and reported to
Council in a second phase report.
Report PD 48-06
Date: October 10, 2006
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Subject: Brookdale Centre Inc. (A 3/06)
Page 7
3.2 Review of the Impact on the Achievement of the Town Centre West
Development Guidelines due to the TRCA Flood Mapping needs to be
concluded
TRCA has advised that recent flood modeling of Pine Creek has identified
significant concern with development in the Town Centre West Neighbourhood
(see Attachment #5). If development potential is limited, the ability for the
fulfilment of the vision established in the TCWDG will be considerably impacted.
In the worse case scenario, the City will need to re-evaluate the entire
Town Centre West Neighbourhood development potential. In the best-case
scenario, remedial measures will be available to develop the neighbourhood
generally as initially envisaged, maintaining the intent and vision of the TCWDG.
The impacts of the floodline mapping require further investigation. If
development potential is significantly reduced, this will impact the road and
blocking pattern reflected in the Development Guidelines. The location of
buildings, driving aisles, public streets, parking lot layout and landscape features
may also require review.
TRCA advise that the existing property has certain redevelopment rights which
generally allow the owner to replace existing floor space with new floor space. A
Home Depot facility may be appropriately introduced into the Town Centre West
area provided the fundamental design principles are protected and maintained.
In order to permit the development of a Home Depot to proceed at this time an
agreement must be secured to protect the internal road pattern for the future
evolution of the area.
The review of the flood line mapping on the property is currently being explored
with the applicant, TRCA and the City working cooperatively together
investigating the modelling for the mapping and identifying the constraints and
opportunities for development.
Consideration of the Brookdale Centre Inc. application in its entirety is
considered premature until the extent of development opportunity has been
determined through the TRCA stormwater/flooding mapping exercise, and
recommendations for remedial works.
3.3 Applicant requires Council Decision to Secure Corporate Home Depot
Interest in the Site
The applicant has advised that Corporate Home Depot requires a City
commitment to this site by mid October, through zoning, prior to finalizing its
business plan for the Pickering site. In view of the urgency expressed by
Corporate Home Depot, the City's Chief Administrative Officer requested that
Planning & Development staff bring forward a report on this matter to provide
Council the opportunity to decide whether it wishes to proceed with a site specific
rezoning for the Home Depot component of the development at this time or
whether it wishes to defer consideration of the application until such time as a
comprehensive stormwater management, flooding analysis for the entire Town
Centre West area is completed.
Report PO 48-06
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Subject: Brookdale Centre Inc. (A 3/06)
Date: October 10, 2006
Page 8
3.4 Protection for Public Roads is Required
The applicant proposes to access the site by means of a private traffic aisle off
both Dixie Road and Kingston Road, and a proposed new public street located
on the south side of Kingston Road, at the existing signalized Walnut Lane
intersection. The application also provides for a traffic aisle along the western
property line, abutting the properties to the west.
It is recommended that land be conveyed to the City for two public roads
generally in accordance with the road pattern established in the Town Centre
West Development Guidelines and that funds be secured for construction of
these roads. The two roads include an east-west connection through the entire
site, extending east from Dixie Road, and a north-south road from Kingston
Road, at the signalized Walnut Lane intersection, southerly to the new east-west
road. The need for public roads is based on the assumption that the flooding
issues will be resolved and that the neighbourhood road pattern identified in the
TCWDG can be implemented. Should new development in this area be limited to
only the Home Depot building, then it is unlikely that City would pursue public
roads.
The applicant agrees with the requirement for the conveyance and construction
of a new north-south public road from Kingston Road, at the signalized
Walnut Lane intersection, to connect to an east-west aisle within the
development. However, they do not wish to provide the east-west aisle as a
public road.
The east-west connection road is an essential design requirement and
establishes proper blocking and view corridors for the future development of the
area. The applicant's conceptual site plan (see Attachment #2) identifies the
Home Depot main entry on the north face of the building, with a significant
parking area located to the north of the building. In order to provide unobstructed
parking for Home Depot, the site plan reflects a significant 'bend' or 'bow' in the
alignment of the east-west road. This alignment is not supported by staff and
works against the design and development principles of the TCWDG. Road
alignments should be established based on a design that best serves the broader
neighbourhood, and should not be significantly altered to satisfy the specific
development interest of one party. A straight east/west road alignment,
extending east from Dixie Road (Bridgepoint Centre), supports the development
objectives of the TCWDG and supports a grid road pattern that best
accommodates the evolution of land uses over time. Further, Home Depot can
still be accommodated with a straight road alignment, through reorientation of the
building and/or the associated parking area. The applicant does not support a
straight east/west road alignment through their property. This matter will need to
be addressed through the development agreement and site plan review process.
It is recommended that, as a first phase zoning, the majority of the site be zoned
for a Home Depot use (home improvement centre) to allow maximum flexibility
for building reorientation, in order to accommodate an east-west public road.
Report PO 48-06
Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 9
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3.5 Enhanced Building Design & Sustainable Elements Required
The massing, building location and design of the buildings must contribute
positively to the existing and future land use context. While detailed building
designs have not been undertaken, the applicant has developed preliminary
elevations and building perspectives which exhibit an understanding of the need
for a building that exhibits a high level of design. An attractive building that
incorporates significant sustainable elements must be achieved to make a
positive contribution to the surrounding area. Staff notes that the Municipality of
Clarington recently approved a Home Depot development in its municipality that
will be LEED certified. It is recommended that this Home Depot building and site
also be LEED certified and reflect significant sustainable elements.
4.0 Technical Matters
4.1 Site Plan Agreement will be required to Address Development
A site plan agreement between the City and the owner of the lands will be
required to ensure that all matters of interest to the City are protected. Matters to
be addressed included, but not limited to, stormwater management, site access,
parking and loading areas, ensure the site can accommodate recycling/three-stream
refuse and sustainable building design. The agreement should also secure the
land and funding for construction of new public streets through the site from the
western limit of the property to the eastern limit of the property and north to
Walnut Lane. This required agreement, and several other development
implementation matters, are incorporated into the recommended conditions of
approval for this application and are found in Appendix I to this Report.
4.2 Traffic Study to be Revised
The traffic study submitted with the application was based on a comprehensive
development. If the Home Depot building proceeds on its own, the traffic study
must be up-dated to address those improvements, such as access and
signalization, that will be required for a Home Depot development to function
properly. A condition of the site plan agreement will require the owner to
undertake any necessary works to address the traffic requirements for a
Home Depot use on the site.
4.3 Further Processing of the Application is Required and the Proposed Zoning
By-law to include a "(H)" Holding Provision to address required
agreements
The by-law attached to this report (see Appendix II) implements the 'first phase'
of this development proposal, being the home improvement centre (Home Depot)
only. A zoning by-law for the remainder of the requested uses and associated
buildings will not be brought forward until the issues related to flooding of the
area has been concluded. It is at that time that staff will be able to conduct a
comprehensive analysis of any required changes to the proposal to bring it in line
with any recommended revisions to the TCWDG.
o ~port PO 48-06
Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 10
The amending zoning by-law incorporates a "(H)" holding provIsion that will
require the owner to satisfy certain conditions prior to the lifting of the holding
provision. These conditions will include entering into a site plan agreement with
the City in accordance with the conditions listed in Appendix I to this report which
will address land conveyance and securing of funds for the internal roads, and
matters related to sustainable design (site and building designed to be LEED
certified). The holding provision also requires the flood proofing and stormwater
management needs of the entire area to be reviewed and that any associated
implications on the TCW Development Guidelines be addressed.
5.0 Applicant's Comments
The applicant has been advised of the recommendations of this report.
APPENDICES:
APPENDIX I:
APPENDIX II:
Recommended Conditions of Approval for A 3/06
Draft Zoning By-law Amendment
Attachments:
1. Location Map
2. Applicant's Conceptual Site Plan
3. TCW Development Guideline
4. Staff Vision for Town Centre West Area
5. TRCA Screening / Flooding Map
6. Text of Information Report
7. Minutes from June 15,2006 Statutory Public Information Meeting
8. Area Business Comment - Emix Ltd.
9. Agency Comments - TRCA
10. Agency Comments - Region of Durham Planning Department
11. Agency Comments - Ministry of Transportation
12. Pickering Council Resolution 91/05
Report PD 48-06
Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 11
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Prepared By:
Approved I Endorsed By:
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Neil arroll, . PP- .
Director, Planning & Development
Ross Pym, MCIP, RPP
Principal Planner - Development Review
RP:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering ,~)ty Council I CJ <
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APPENDIX I TO
REPORT NUMBER PD 48-06
RECOMMENDED CONDITIONS OF APPROVAL FOR
APPLICATION TO AMEND ZONING BY-LAW A 3/06
C 41.1
RECOMMENDED CONDITIONS OF APPROVAL FOR
ZONING BY-LAW AMENDMENT APPLICATION A 3/06
1. That the amending zoning by-law include a U(H)" holding provision that
requires certain matters to be addressed to the City's satisfaction prior to
the lifting of the U(H)" holding provision. Prior to the lifting of the U(H)" the
owner shall execute and register a site plan agreement to the satisfaction of
the City of Pickering, satisfy the Region of Durham, financially and
otherwise and satisfy the Toronto and Region Conservation Authority, with
respect to environmental and engineering requirements.
2. That the owner enter into an site plan agreement with the City to reflect the
comments of the report of the Director, Planning & Development report
number PO 48-06. The site plan agreement shall ensure the fulfillment of
the City's requirements, financial and otherwise, which shall include, but not
necessarily be limited to:
(a) the conveyance of land for public roads in an east-west grid format and
a north-south road extending southerly from Walnut Lane to connect
with the east-west road;
(b) the securing of funds for the construction of the internal roads;
(c) providing any required easements;
(d) satisfaction of the City financially with respect to the Development
Charges Act;
(e) construction management plan;
(f) traffic management plan;
(g) stormwater drainage and management system;
(h) design the development for 3-stream refuse handling;
(i) the home improvement centre building to be LEED certified.
3. That the site pan agreement include clause that the owner shall provide to
the City of Pickering a clearance letter from the Region of Durham that
advises that all of the Regional matters, financial and otherwise, have been
addressed.
4. That the site pan agreement include clause that the owner shall provide to
the City of Pickering a clearance letter from the Toronto and Region
Conservation Authority that advises that all of TRCA matters have been
addressed.
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DRAFT BY-LAW
APPENDIX II TO
REPORT NUMBER PO 48-06
ZONING BY-LAW AMENDMENT APPLICATION A 3/06
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BY-LAW NO,
Being a By-law to amend Zoning By-law 3036, as amended, to implement
the Official Plan of the City of Pickering, Region of Durham, on Part of
Lot 23 and 24, Concession 1, in the City of Pickering. (A 3/06)
WHEREAS the Council of The Corporation of The City of Pickering deems it desirable to
permit a home improvement centre on the subject lands, being Part of Lot 23 and 24,
Concession 1, in The City of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING ENACTS AS FOLLOWS:
1. SCHEDULES I and II
Schedules I and II attached hereto with notations and references shown thereon
are hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall only apply to those lands on Part of Lot 23
and 24, Concession 1, City of Pickering, designated "MU-21" on Schedule I
attached hereto.
3. DEFINITIONS
In this By-law,
(1) "Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(2) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas
of all storeys above or below established grade designed for owner or
tenant occupancy or exclusive use only, but excluding storage areas
below established grade;
(3) "Home Improvement Centre" shall mean a building or part of a building
used primarily for the display, wholesale and retail sale of building
materials, hardware or accessories, including lumber;
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(4)
"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;
(5)
"Lot Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot;
(6)
"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;
(7)
"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.
4. PROVISIONS ("MU-21" Zone)
(1) Uses Permitted ("MU-21" Zone)
No person shall within the lands designated "MU-21" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(a) home improvement centre;
(b) garden centre accessory to a home improvement centre;
(c) Outdoor sales and display that is accessory to a home improvement
centre;
(2) Zone Requirements ("MD-H6 " Zone)
(a) Lot Area (minimum):
(b) Lot Frontage
(minimum):
(c) Building Location
and Setbacks:
(d) Building Height
(maximum):
(e) Gross leasable floor
area (maximum):
3.0 hectares
1 0.0 metres
Buildings and structures shall be located
entirely within the building envelope
shown on Schedule /I attached hereto
15.0 metres
9,300 square metres
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(f) Parking
Requirements:
There shall be provided and
maintained a minimum of 3.0 parking
spaces per 100 square metres of gross
leasable floor area for all permitted
uses listed in Section 4(1) of this by-law
(g) SPECIAL REGULATIONS:
(i) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
(ii) At grade parking lots shall be permitted no closer than
3.0 metres from the limits of the "MU-21" Zone identified on
Schedule I attached hereto, or any road;
(iii) No drive-thru facilities are permitted on the lands designated
"MU-21" as illustrated on Schedule I of this by-law.
10. PROVISIONS ("H" Zone)
(1) Uses Permitted Zone Requirements ("H" Zone)
Until such time as the "H" Holding provision is lifted, the lands shall not be
used for any purpose other than any use permitted by the Storage and
Light Manufacturing Zone "M1" of Zoning By-law 3036, subject to the
provisions of Section 14 of By-law 3036.
(2) Removal of the "H" Holdinq Symbol
The "H" Holding Symbol shall not be removed from any zone until such
time as a Site Plan Agreement and/or a Development Agreement has
been executed with the City of Pickering and registered that provides for:
(a) Appropriate arrangements have been made to the satisfaction of the
City of Pickering that all the requirements for the development of the
home improvement centre have been complied with, including but not
limited to, environmental and engineering requirements, site access
and signalization, sustainable site and building design, phasing of
construction, easements, conveyance of land for road purposes and
all financial matters;
(b) Appropriate arrangements have been made to the satisfaction of the
Region of Durham fOl" the provision of sanitary, water and
transportation services and environmental and engineering
requirements;
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(c) Appropriate arrangements have been made to the satisfaction of the
Toronto Region Conservation Authority for the provision of
environmental and engineering requirements.
10. BY-LAW 3036
By-law 3036, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this by-law as it applies to the area
set out in 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 3036, as amended.
11. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the
Planning Act.
BY-LAW read a first, second, and third time and finally passed this
2006.
day of
Debi A. Bentley, City Clerk
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PROPERTY DESCRIPTION PART OF LOTS 23 & 24, CONCESSION 1
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FILE No. A 003/06
DATE MAY 8, 2006
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING
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SYMBOlS
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LEGEND
CITY OF" PICKERING
PLANNING &: DEVELOPMENT DEPARTMENT
DECEMBER. 2005
cO THr5 MAP FORWS PART OF EDITION ... OF' THE PICKERING
'tWFIC~ PLAN AND MUST BE RE.aD IN C~UNCTION WITH THE
OTHER SCHEDULES ,tUrrff) THE TDCT.
NOTE: LAND USE DESIGNATIONS
APPEAR ON SCHEDULE I
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INFORMATION REPORT NO. 09-06
FOR PUBLIC INFORMATION MEETING OF
June 15,2006
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 03/06
Brookdale Centre Inc.
Part of Lot 23 & 24, Concession 1
1105 Kingston Road
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the subject lands are located on the south side of Kingston Road, east of
Dixie Road;
a property location map is provided for reference (see Attachment #1);
- the property is currently occupied with an industrial/warehouse building in the
rear of the property and a commercial plaza fronting onto Kingston Road;
- the vast majority of the property not occupied by the building is paved for
parking and truck delivery purposes with the exception of perimeter
landscaping purposes and the portion of the property along the eastern side
next to lands associated with the Pine Creek valley;
- the site's topography is relatively flat;
- the property is encumbered by existing easements for both servicing and
right-of-way;
existing access to the property is provided by a driveway off of Kingston Road
and off of Dixie Road;
surrounding land uses are:
north - on the opposite side of Kingston Road there is a commercial
building, detached dwellings and townhouses;
south - Highway 401;
east - automotive repair related business, a mixed use commercial
plaza and open space lands associated with the Pine Creek;
west - commercial buildings containing offices, restaurant, and retail
uses.
Information Report No. 09-06
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Page 2
2.0 APPLICANT'S PROPOSAL
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Brookdale Centre Inc. have submitted an application to amend the zoning
by-law in order permit a commercial shopping centre for a home improvement
store and a variety of retail; personal service shops, office and restaurant uses;
- the applicant's proposed site plan is provided for reference (see Attachment #2);
- the requested uses include: assembly hall; business and professional offices;
commercial clubs, schools and recreational establishments; day nursery;
discount department store; drug store; dry cleaning depot; financial institution;
general merchandise store; home improvement store; personal service shop;
restaurants; retail store; service store; video store and accessory seasonal
garden centre having outdoor storage;
- the submitted site plan indicates the development of both single and multiply
tenant building on the site with one dominate building that has a single user
being Home Depot;
a seasonal outdoor garden centre associated with the home improvement
store is also proposed;
other buildings include a lager retail format building located in the southern
portion of the site that is indicated to have three tenants, two buildings that
will flank the Kingston Road frontage and contain second story office space
and two small single user retail building centrally located on the site;
- the proposed site plan does not propose the creation of any new municipal
streets, rather the creation of private roads/laneways;
access to the site is proposed by way of the existing access off of Dixie Road
and the existing driveway off of Kingston Road located in the northwest
corner of the property and the creation of a new entry off of Kingston Road
that will align up with Walnut Lane at the existing signalized intersection;
- the proposed plan indicates that almost the entire site will be hard surface
with only a small portion being landscaped;
- the proposal is intended to be developed in phases, the first phase being the
home improvement store (Home Depot) with the rest of the development to
follow at a later time;
- the following chart outlines the existing site details:
Details of Proposed Development
Total site lot area
Home Depot lot area (Phase I)
Home Depot gross floor area
Building "B" gross floor area
Building "C" gross floor area
Building "D" gross floor area
Building "E" gross floor area
Building "F" gross floor area
Building "G" gross floor area
Building "H" gross floor area
Total gross floor area
7.596 ha
3.142 ha
9,163 m2
967 m2
1,892 m2
2,521 m2
2,180 m2
1,723 m2
278 m2
278 m2
19,005 m2
Information Report No. 09-06
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Page 3
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Home Depot parking spaces
Phase II parking spaces
Total Parking spaces
Building Coverage
425
390
815
25 percent
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Reaional Official Plan
- designates the subject lands as Special Policy Areas;
- the area is specifically shown as Special Policy Area A;
- the policy of the Durham Region Official Plan for Special Policy Area A is to
maximize the area's highway exposure as a mainstreet and gateway to the
Region;
- development of this area shall be intensified in a manner that will not
adversely affect similar development within the Main Central Areas of the City
of Pickering;
- the improvements of its visual impact from Highway 401 and Kingston Road
shall be a major consideration in the development of this area;
Kingston Road where it abuts the subject lands is designated as a Type B
Arterial Road and as a Regional Transit Spine;
- the subject application will be assessed against the policies and provisions of
the Durham Region Official Plan during the further processing of the
applications;
3.2 Pickerina Official Plan
- the Pickering Official Plan designates the subject lands as Mixed Use Area -
Mixed Corridors;
permissible uses within Mixed Use Area - Mixed Corridors Area include,
amongst others, a variety of uses including residential, retailing of goods and
services, offices and restaurants;
Mixed Use Areas are intended to have the widest variety of uses and highest
level of activities in the City when compared to other designations;
- the Pickering Official Plan establishes an intensification prerequisite in terms
of a minimum and maximum density range and a maximum floor space index
(FSI) for Mixed Corridors Area;
- the density requirement is over 30 and up to and including 140 dwelling units
per hectare and the maximum floor space index of 2.5;
- the proposed application has a floor space index of 0.25;
- the subject lands are within the Town Centre Neighbourhood of the Official Plan;
- the Pickering Official Plan encourages the highest mix and intensity of uses
and activities in the City to be in this neighbourhood;
Information Report No. 09-06
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Page 4
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- the Pickering Official Plan has a specific policy related to the proposed
development in that prior to obtaining land for roadway purposes opposite
Walnut Lane, a traffic impact analysis is required along with consultation with
area residents to determine appropriate mitigation measures;
- the subject lands are within a Detailed Review Area and the City has adopted
the Town Centre West Development Guidelines that cover the subject lands
(see Section 3.3);
Schedule II of the Pickering Offic:al Plan - Transporlation System designates
Highway 401 as a Freeway and designates Kingston Road where it abuts the
subject site as a Type B Arlerial Road and a Transit Spine;
Type B Arlerial Roads are designed to carry moderate volumes of traffic at
moderate to high speed and have some access restrictions;
a Transit Spine is where a higher level of transit service is to be encouraged;
Schedule II of the Pickering Official Plan - Transporlation System designates
Dixie Road where it abuts the subject site as Local Roads;
Local Roads generally provide access to individual properties and carries
local traffic;
Schedule 11/ of the Pickering Official Plan - Resource Management designates
a portion of the abutting property associated with the Pine Creek as
Shorelines and Stream Corridors;
Shorelines and Stream Corridors identify lands that may be prone to water
impacts, such as flooding, erosion and slope instability;
- the subject application will be assessed against the policies and provisions of
the Pickering Official Plan during the further processing of the applications;
3.3 Town Centre West Development Guidelines
- the Town Centre West Development Guidelines were adopted by City of
Pickering Council on February 20, 1995;
- the Development Guidelines identifies matters such as the land use mix and
arrangement, the scale and intensity of use, the transportation/internal roads
network, engineering matters and community design requirements;
- the Development Guidelines also indicates; building setbacks and build-to-lines,
building heights, vehicular circulation, access, and parking;
- the Development Guidelines establishes certain overall principles for the
areas development and they include a mix of use, an internal road network
pattern, connections to the existing Town Centre Neighbourhood and
adjacent neighbourhoods, a variety of housing and office building types and a
pedestrian and open space network;
- the internal road network planned for the Town Centre West Neighbourhood
is an integral component of development in this area and is necessary to
adequately serve the needs of future residents and businesses as they will
provide internal linkage between various access points around the perimeter
of the Town Centre West Neighbourhood;
a copy of the Development Guidelines Land Use Plan is provided for general
reference (see Attachment #3);
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Page 5
Information Report No. 09-06
'\ 5"'"
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preliminary review of the application against the Development Guidelines
indicates that certain design matters will need further investigation which may
result in refinements and enhancements to the plan;
- the applicant's proposal may require a modification to the Town Centre West
Development Guidelines if the application is approved;
3.4
Zoning By-law 3036
- the subject lands are currently zoned "M 1" - Storage and Light Manufacturing
Zone by Zoning By-law 3036, as amended;
- the existing zoning permits a variety of industrial and storage uses as well as,
business and professional offices and certain recreational uses;
- an amendment to the zoning by-law has been requested by the applicant in
order to permit the proposed development;
- the applicant has requested an appropriate zone that would permit the
requested uses.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
area residents and business owners have contacted the City to seek
information on the application, however no formal comments have been
received;
4.2 Agency Comments
no formal agency comments have been received to date;
4.3 Staff Comments
in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
. reviewing the traffic report to determine the impact of the proposed
development on the existing traffic in the area;
. comparing the application to the approved Town Centre West
Development Guidelines to ensure general compliance to the guidelines
which will include land use, development layout, building locations,
massing, height internal road pattern, compatibility and integration to
surroundings development;
. ensuring that the proposed development is compatible with, and sensitive
to, surrounding land uses including, noise, pedestrian linkages, scale and
intensity of the uses;
. ensuring adequate parking is provided on the property in appropriate
locations;
Information Report No. 09-06
b
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Page 6
. need to consider the environmental impacts on the Pine Creek from the
proposed development;
. stormwater management matters as they relate to the Frenchman's Bay
Stormwater Management Master Plan;
. reviewing the driveway/internal road pattern to ensure proper vehicle flow
through the proposed development and in relation to abutting properties
and the need for any of the roads to be municipal roads;
. examining the additional retail floor space to determine the impact on
existing retail facilities;
. reviewing the proposed development to ensure that adequate information
is provided, that technical requirements are met and that the proposed site
design is appropriate;
. reviewing the emerging Provincial Policies related to urban growth such as
the Places to Grow Policy which has identified Pickering as a growth
centre (therefore the need to achieve certain intensification requirements
at appropriate locations that will exhibit a high quality urban design based
on appropriate development design guidelines);
. ensuring the application can achieve a high level of sustainable
components;
- the Planning & Development Department will conclude its position on the
application and its design after it has received and assessed comments from
the circulated departments, agencies and public.
5.0 PROCEDURAL INFORMATION
- written comments regarding this proposal should be directed to the
Planning & Development Department;
- oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Councilor a Committee of Council;
if you wish to be notified of Council's decision regarding either the proposed
zoning by-law amendment application, you must request such in writing to the
City Clerk;
if a person or public body that files an appeal of a decision of the City of
Pickering in respect of the proposed zoning by-law amendment, does not
make oral submissions at the public meeting or make written submissions to
the City of Pickering before the zoning by-law is passed, the Ontario
Municipal Board may dismiss all or part of the appeal;
if you wish to reserve the option to appeal Council's decision of the proposed
zoning by-law amendment application, you must provide comments to the
City before Council adopts any by-law for this proposal.
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Information Report No. 09-06
053
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Page 7
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
the report;
6.2 Information Received
- full scale copies of the applicant's submitted plans are available for viewing at
the offices of the City of Pickering Planning & Development Department
including:
. proposed development plan;
. Traffic Impact Study, prepared by SA Group, dated March 2006;
. Phase I Environmental Site Assessment, prepared by InSite
Engineering, dated August 13, 2003;
. Phase II Environmental Site Assessment, prepared by InSite
Engineering, dated October 30,2003;
. Planning Report Letter, prepared by MHSC Planning, dated March 7, 2006;
- the need for additional information will be determined through the review and
circulation of the applicant's current proposal;
6.3 Company Principal
- the owner of the subject lands is Srookdale Centres Inc.;
- Guery Goyo is a principal of Srookdale Centres Inc.
ORIGINAL SIGNED BY
nRIGINAL SIGNED BY
Ross Pym, MCIP, RPP
Principal Planner - Development Review
Lynda Taylor, MCIP, RPP
Manager, Development Review
RP:ld
Attachments
Copy: Director, Planning & Development
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APPENDIX NO. I TO
INFORMATION REPORT NO. 09-06
COMMENTING RESIDENTS AND LANDOWNERS
(1 ) none received to date
COMMENTING AGENCIES
(1 ) none received to date
COMMENTING CITY DEPARTMENTS
(1 ) none received to date
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Minutes I Meeting Summary
Statutory Public Information Meeting
Council Chambers
Thursday, June 15, 2006
7:00 pm.
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COUNCILLORS:
Councillor Brenner - Chair
Councillor McLean
Councillor Dickerson
ALSO PRESENT:
Ross Pym
Rick Cefaratti
Lynda Taylor
Franco Romano
avid MaKay
- Principal Planner, Development Review
- Planner II
- Manager, Development Review
- Action Planning Consultant, Agent for the Applicant
- MHBC Planning
- Home Depot & Brookdale Centre Inc.
Lynda Taylor, 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.
2. ZONING BY-LAW AMENDMENT APPLICATION A 03/06
BROOKDALE CENTRE INC
PART OF LOT 23 & 24, CONCESSION 1
1105 KINGSTON ROAD
CITY OF PICKERING
1. Planner Comments
Ross Pym, Principal Planner, Development Review, gave an overview of the property
location, applicant's proposal and City's Official Plan policies pertaining to this site, as
outlined in Information Report No. 09-06.
2. Applicants Comments
I
David MaKay, from MHBC Planning, representing Home Depot/Brookdale Centre
Inc., provided a PowerPoint presentation of the proposal. The proposed site includes
the existing Lick's Plaza and tenants would be able to relocate into the new re-
developed site. He explained that currently access aligns with Walnut Lane through a
public road system; however, the evolution of the site over the long term, would
; comply with The City's Quidelines. He also stated that traffic, environmental, soil and
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access concern over their lands to the Home Depot site, and the effect of the
proposed access on the EMS site is of concern. He noted that building F would
interfere with their property's sightlines. He concluded by stating that these issues
must be addressed prior to forwarding this proposal to Council.
Doug Howard
1775 Storrinaton Street
Mr. Howard had some questions regarding the notification process. He stated that the
traffic into the Glendale neighbourhood would be a major concern and objected to
Walnut Lane connecting into the plaza. He was particularly concerned with traffic
turning into Walnut Lane, especially when trucks would be turning into the site from
the east and to the south. He noted that this area had mature trees and asked if these
would remain. He questioned the need for more retail space, as there are already
several empty retail units in the area. Lastly, he asked when the final construction
phase would be completed.
Mr. D'Souza
1105 Dunbarton Road
Mr. D'Souza also questioned how residents are notified of any re-zoning application.
He reiterated the previous residents concerns with traffic congestion in the area. He
further wanted to know if residential taxes would be reduced as a result of the
increase in the commercial property taxes. Lastly, he questioned whether or not this
application would impact the re-sale value of the area homes.
4. Response from Applicant
David MaKay addressed several aspects of the resident's comments/concerns. First
there would be a review of the energy sustainability concepts and the public road
access issues that would address the safety concerns and access issues. With
respect to the building placement, the applicant was willing to work with the adjacent
landowners. He further stated that the traffic study recommended various
options/improvements to the area traffic flow, i.e. traffic signal timing, and that there
would be consultation with the City and the Region to review access flow options. He
also stated that landscaping would be addressed during the site plan review process
and that every effort would be made to retain existing trees wherever possible. He
explained that the construction schedule was yet to be determined, however, it is
expected that construction would begin in the fall of 2006. The Home Depot building
would be completed in approximately seven months. The remaining building schedule
would take another year for the completion of the other buildings. He also noted that
the City and TRCA would review stormwater management reports to minimize impact
on Pine Creek. Lastly he explained that Dixie Road would be used for truck traffic
access and that Home Depot would have night deliveries in order to avoid conflict
with customers during the day.
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market studies, are being finalized with no impact expected to the downtown core.
He further explained that The City would have additional tax revenues from this
proposal and an estimated 500 jobs wouldl be created. Lastly, he stated that
construction would begin in 2006 with an expected fall 2007 opening of the Home
Depot facility.
3. Comments from Members of the Public
Sylvia Spencer
771 Shepard A va. East
Ms. Spencer expressed concerns that no solar power was proposed. She wanted to
know if this proposal incorporated plans that would set aside funds toward the
restoration of Pine Creek. In addition, she is concerned with outdoor patio use, as
she feels this type of facility would create excessive noise. Another concern is with
the timing of Home Depot deliveries, and lastly how seriously did this proposal
compromise The City's Guidelines.
Christian Hepfer
Emix Ltd
Nerotal Ltd.
27 Dunloe Road
Toronto. ON
Mr. Hepfer is the owner of 1101 and 1099 Kingston Road. He noted his support of the
application, and provided written correspondence in this regard. He noted that the
proposed re-zoning and ensuing development would complement the existing use in
the area. He further advised that they would like to be closely involved, and noted the
following concerns;
. traffic flow in and out of site.
. public road infrastructure. (continue Liverpool Road as planned)
. building placement and the direction the buildings face.
. setback from the 401 in line with current buildings.
. truck access times and route.
In summary, he stated that currently the zoning of the properties was very restrictive
compared with the proposed zoning for the subject property and strongly encouraged
the re-zoning to apply to all lands south of Kingston Road and to the east and west of
Dixie Road.
Bob Oldman
555 Kinston Road W.
Aiax, ON
Mr. Oldman, is the representative for Lakeridge Properties, who are the owners of the
adjacent lands to the subject re-zoning application. He noted his clients' support for
I development and revitalization of this area and furthermore that Lakeridge Properties
would co-a pi for rezonin of their pro erties. He did point out that there was an
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5. Staff Response
Ross Pym, Principal Planner, clarified the notification process. He stated that letters
are sent out to all residents within 120 metres of the site, advising of the proposed
application. In addition, three signs are posted on the site and the proposed
application is also posted on the City website. Lastly, he confirmed that further review
of TCW guidelines would be required in conjunction with traffic and other submitted
reports.
Page 7
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EMIX LTD.
June 15,2006
Ross Pym
Principle Planner - Development Review
Pickenng Civic Complex
One The Esplanade
Pickenng, ON L1 \T lK7
Dear Mr. Pym:
.\s owners of both 1099 Kingston Road and 1101 Kingston Road we would like to voice our strong
support for the zoning by-law amendment application A 03/06 by Brookdale Centre Inc for 1105 Kingston
Road. The proposed rezoning and ensuring development would complement the existing uses in the area and
the additional retail properties would truly make it an attractive destination worthy of the Town Center West
designation.
.\s the plans are revised and a fmal version evolves we would like to be closely involved as the proposed
development will have a huge impact on our properties. At this point our main concerns are as follows:
. Traffic flow both in and out of our site as well as the right of way we have on the access roads of
1105 Kingston Road.
. Public Roads - .\s part of our development agreement we have given the City 0.8 acres land for
future roads in addition to funds for the future improvements. If such roads are to be built it
would be important that they continue through to Liverpool Rd as planned and not just be
another access to 1105 Kingston Roads parking lot.
. Building Placement and the direction the buildings face so that they incorporate our properties
and landscape features and not turn there back to them.
. The setback from the 401 should be in line with current buildings and not block the lines of site
to our buildings.
. Truck .\ccess - times and route to supply the store and that they are not lined up in front of our
property or travel across our parking lots.
Currently the zoning of our properties is very restrictive compared with the proposed zoning for the
subject property. Times have changed as has the retailing landscape of Pickering and thus we will strongly
encourage the rezoning to apply to all the lands south of Kingston Road and to the East and West of Dixie
Road, between the train tracks and the subject property.
Again we would like to strongly support the rezoning and planned development as long as certain traffic
flow and building placement issues are addressed.
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Emix Ltd.
Nerotal Ltd.
27 DUNI..OE ROAD. TORONTO, ONTARIO. M4V 2W4
PHONE: 416-662-1202 . FAX: 416-352-6021 . EM:\IL: CHEPFER@EMIXPROI'.COM
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onserRvaNtron
for The Living City
RECEM\lE:D
OBG
July 24, 2006
BY FAX AND MAIL (fax. 905.420.7648)
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CFN
XREF CFN 33912.03
XREF CFN 36188.15
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
Ross Pyrn
Development Review
City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, ON L 1V 6K7
Dear Mr. Pym:
Re: Zoning By-law Amendment No. A 03/06
1105 Kingston Road
City of Pickering
Brookdale Centre Inc.
Thank you for the opportunity to review the above referenced Zoning By-law Amendment Application
received on May 25, 2006. TRCA comments are as follows:
Our Understanding of the Application
We understand that the subject property is located on the south side of Kingston Road, east of Dixie
Road and is currently developed with structures and parking supporting industrial uses. The proposal
is to amend the existing zoning to permit a large format home improvement retail store and a range of
commercial - retail uses. The Official Plan designation is Mixed Use Areas - Mixed Corridors within
the Town Centre Neighbourhood and the existing Zoning is "M-1" - Storage and Light Manufacturing
Zone.
Applicable Regulations
The subject property is located entirely within a Regulated Area. In accordance with Ontario
Regulation 166/06 (Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses), a permit is required from the TRCA prior to any of the following works taking place:
1. straightening, changing, diverting or interfering in any way with the existing channel of a river,
creek, stream or watercourse, or for changing or interfering in any way with a wetland;
2. development, if in the opinion of the authority, the control of flooding, erosion, dynamic
beaches or pollution or the conservation of land may be affected by the development.
Development is defined as:
1. the construction, reconstruction, erection or placing of a building or structure of any kind;
2. any change to a building or structure that would have the effect of altering the use or potential
use of the building or structure, increasing the size of the building or structure or increasing the
number of dwelling units in the building or structure;
3. site grading:
4. the temporary or permanent placing, dumping or removal of any material, originating on the
site or elsewhere.
No development should take place in the Regulated Area without first obtaining a permit from TRCA.
G:IHOMEIPUBLlCIDEVELOPMENT SERVICESIDURHAM REGIONIPICKERINGI 1105 KINGSTON_ 4.DOC
5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca
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June 24, 2006
Applicable Policies
In addition to the above noted Regulation, TRCA's Valley and Stream Corridor Management Program
(VSCMP) sets out development guidelines for properties influenced by valley and stream corridors.
The subject property is within a stream corridor associated with Pine Creek which drains to
Frenchman's Bay. The Pine Creek watercourse is located east of the subject property and west of
Liverpool Road.
The overall objective of the VSCMP policies is to prevent new development from occurring within
areas that may introduce risk to life and property associated with flooding, erosion, and slope stability,
or that is not compatible with the protection of these areas in their natural state. VSCMP policies
define the valley and stream corridor boundary by the greater of the long term stable top of bank
(where there is a well defined feature) plus 10 metres inland; the flood plain (where there is no valley
feature) plus 10 metres inland; or when the upstream drainage area is less than 125 hectares, a
minimum of 10 metres inland from the predicted meander belt of the watercourse, expanded as
required to convey the major system flows and/or maintain riparian stream functions. Further note that
the corridor boundary is also extended to include any significant adjacent vegetation. Please be
advised that no new development is permitted within the boundaries of valley and stream corridors
except in areas where there is existing development and only if said redevelopment meets the policies
of the VSCMP.
Floodplain
Draft floodplain mapping recently received by TRCA indicates that the property is subject to flooding
under a Regional Storm Event. The draft floodplain mapping indicates significant depths of flooding on
the subject property of between 1 and 3 metres during a Regional Storm Event. This draft floodplain
mapping was produced to inform TRCA staff of the extent of flooding in an area not previously mapped
as part of our former "Fill Extension" program. The large floodplain is apparently caused by
undersized culverts from Highway 401 to Radom Street. Indeed, the model illustrates that two
segments of Highway 401 in the Frenchman's Bay Watershed are subject to flooding during a
Regional Storm Event.
As this mapping is in draft form and has shown a considerable increase in the extent and depths of
flooding in this area, TRCA Water Management staff is revisiting the model to confirm the extent of the
floodplain on the subject property. TRCA staff anticipates that this review will be complete in August
2006.
Natural Heritage
Additionally, portions of the subject site are identified within TRCA's draft Terrestrial Natural Heritage
System Strategy (TNHSS). The TNHSS is a policy initiative that aims to increase natural cover across
TRCA's jurisdiction in order to regenerate natural areas buffering regulated watersheds. The intent of
this initiative is to direct land use policy, strategic planning and environmental decision-making. The
Terrestrial Natural Heritage approach identifies and evaluates natural heritage systems and assesses
the status of habitats and species, using ecological data collected from aerial photography and field
investigations, mapping and ongoing monitoring of species and habitat conditions. The objectives of
the TNHSS are to give clear direction for data collection, land acquisition, ecological restoration and
stewardship as well as to raise public, governmental, and agency awareness of our role in making
decisions on a shared environment. Therefore, any proposed redevelopment on the subject property
should address how the identified TNHSS will be protected and enhanced.
GIHOMEIPUBLlCIOEVELOPMENT SERVICESIOURHAM REGIONIPICKERINGI1105 KINGSTON_ 4DOC
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Ross pym - 3 -
June 24, 2006
Recommendations
As mentioned above, the floodplain mapping for this area is in draft form and we will be revisiting the
model to confirm the floodplain characteristics on the subject property. We recognize that the subject
property is within the Town Centre Neighbourhood identified in the Pickering Official Plan, is targeted
for the highest mix and intensity of uses and activities in the City, and is subject to development
guidelines adopted by Pickering Council. We also recognize that there is substantial existing
development and parking on the subject property. However, we are aware that the Provincial and local
growth initiatives conflict with Provincial policy related to Natural Hazards in the area of the subject
property,
The TRCA's Valley and Stream Corridor Management Program recognizes that where development
has occurred within valley and stream corridors, increased flexibility for valleyland management is
required, To this end, the policies permit higher levels of risk to life and property associated with
flooding in areas where development already exists. Inherent in these policies is the objective to
minimize, reduce or eliminate these risks and also achieve environmental protection to the fullest
extent possible.
The proposed Zoning By-law Amendment will essentially result in retail uses being permitted in an
area where they are not currently permitted, Retail uses are unlikely to result in an increased risk to
life over the existing permitted industrial uses. However, new structures could result in a significant
increase in risk to property damage. The VSCMP policies therefore permit replacement structures that
are not greater than 50% of the total area of the existing building or structure, subject to the new
structure and parking having safe access and being flood proofed to Provincial flood proofing
guidelines,
In light of the above, TRCA staff are of the opinion that the floodplain management issues may be
addressable. We would like to work with the City and the proponent to identify an acceptable design of
development to ensure that risk to life and property is minimized, and to identity any natural heritage
resources on the property that should be protected or enhanced. Therefore, we would like to meet
with the City and the proponent to discuss before final approval of the Zoning By-law Amendment.
In addition, we request a meeting to discuss the entire floodplain area so that we may identify an
appropriate approach to new development in the Town Centre Neighbourhood. We look forward to
meeting with City staff upon completion of our floodplain mapping review.
We trust these comments are of assistance. Please fee! free to contact me if you have 3ny further
questions.
S::f'Y' / frY
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/,~;ven Heuchert, MCIP, RPP, MRTPI
l Senior Planner
Planning and Development
Extension 5311
cc. Laurie Nelson, TRCA
Ryan Ness, TRCA
G:\HOME\PUBLlCIDEVELOPMENT SERVICES\DURHAM REGIONIPICKERINGI1105 KINGSTON_ 4.DOC
The Regional
Municipality
of Durham
Planning Department
605 ROSSLAND ROAD E
4T' FLOOR
P.O. BOX 623
WHITBY, ON L 1N 6A3
(905) 668-7711
Fax: (905) 666-6208
E-mail: planning@
region.durham.on.ca
www.region.durham.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
"Se''Vice Excellence
COm1luJ:llLics '.
September 14, 2006
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Ross Pym, Principal Planner
Pickering Civic Complex
One The Esplande
Pickering, Ontario
L1V 6K7
Sent via email to:
rpvm(Q>.citv. pickerinq .on.ca
Mr. Pym:
Re: Zoning Amendment Application A 03/06
Applicant: Brookdale Centre Incorporated
Location: 1105 Kingston Road
South side of Kingston Rd between Dixie Rd and Liverpool Rd.
Lots 23 & 24, Concession 1
Municipality: City of Pickering
This application has been reviewed and the following comments are offered.
The purpose of this application is to amend the zoning of the subject property to permit
a large format home improvement retail store and a range of commercial retail uses.
Reaional Official Plan
The lands subject to this application are designated "Special Policy Area An in the
Durham Regional Official Plan. The area presently contains a mixture of residential,
retan, personal service and industrial uses. The policy of the Regional Plan is to
maximize the area's highway exposure as a mainstreet and gateway to the Region.
Development is to be intensified in a manner that will not adversely affect similar
development within the Main Central Areas. The improvement of its visual impact from
Highway 401 and Highway 2 are to be major considerations in the development of this
area.
A Retail Impact Study, prepared by Tate Economic Research, has been submitted in
support of the application. The report indicates that the development is proposing a
total of 206,000 square feet of retail space, anchored by a 100,000 square foot home
improvement centre. The remaining 106,000 square feet will be comprised of ancillary
retail and services. The report concludes that the site is suitable for retail/commercial
uses and that the City of Pickering is understored with regard to building and outdoor
home supply stores warranting the need for a home improvement centre. As the
application proposes a significant increase in retail/commercial uses, a peer review of
the Retail Impact Study is recommended to verify that the development will not
adversely affect similar uses within the Main Central Areas of Pickering.
Provincial Policies & Deleaated Review Responsibilities
This application has been screened in accordance with the terms of the provincial plan
review responsibilities. Phase 1 and Phase II Environmental Site Assessments (ESA),
prepared by InSite Engineering Incorporated, have been submitted in support of the .
application. An assessment of soil and groundwater conditions indicate that chemicals
detected were in concentrations well below the Ministry of Environment (MOE) criteria
for industrial and commercial land uses. As a Phase II ESA was completed for the
subject property, Regional policy requires that a Record of Site Condition be submitted
to the MOE and filed electronically on the Province's Environmental Site Registry.
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As the subject property is within the vicinity of a stream tributary of Frenchman's Bay,
regard should be had for comments from the Toronto & Region Conservation Authority
(TRCA) to protect the watercourse and surrounding natural environment from adverse
impacts of development.
Reaional Services
Municipal water supply and sanitary sewer services are available to the subject
property. Additional servicing comments will be provided once they become available
from the Works Department.
Transoortation and Access
Kingston Road (Regional Highway 2) is designated as a Type "B" arterial road in the
Durham Regional Official Plan. Detailed transportation and access requirements are
forthcoming and will be provided during the site plan approval process.
The City of Pickering is encouraged to use a holding symbol "W in conjunction with the
required zone category, and indicate the uses permitted at such time in the future as
the holding symbol is removed by amendment to the by-law. Prior to the removal of the
holding symbol, all requirements ofthe Region's delegated review responsibilities
including; the completion of the Region's reliance agreement letter, the submission of a
Record of Site Condition and the completion of TRCA requirements are to be
completed to the satisfaction ofthe Region. Furthermore, the applicant will be required
to resolve any servicing and/or transportation requirements from the Regional Works
Department.
If you have any questions or require further information, please do not hesitate to
contact me.
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Dwayne Campbell, Planner
Current Planning
Cc (via email): Regional Works Department - Peter Castellan
MHBC Planning - Eldon Theodore
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Ministry of
Tr::lnspor1~ltlon
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Mlnlstire des
Transports
@) Ontario
Phone:
Fax:
E~mail:
(416) 2354256
(416) 235-4267
graham.routledge@mto.gov.on.ca
Central Region
Corridor Management Section
7'h Floor, Bldg. D
1201 Wilson Avenue
Downsview, Ontario
M3M 1 J8
June 15, 2006
Mr. RO!lS Pym, Principal Planner - Development Review
Corporate Services Department
City of Pickering
One The Esplanade
Pickering, Ontario
L 1V 6K7
Re: Zoning By-law Amendment Application - A 03/06
1105 Kingston Rd.
Part of Lot 23 and 24, Concession 1,
CUy of Pickering
Dear Mr. Pym:
The ministry has completed it!i review of the above zoning by-law amendment application in
accordclnce with the requirements of our controlled access highway policies and criteria and the
Public Transportation and Highway Improvement Act.
This Ministry will require that all new buildings/structures, above and below ground, be setback a
minimum of 14m (46 feet) from 'the Highway 401 property line. Further, any arrangement, traffic
and otherwise, or amenity essential to the viability of the proposal such as fire routes, loading
docks, driveways, municipally alisumed/private roads and/or salVicing, ate must be located
outside the 14m setback. Furthor any parking located within the 'setback' must be surplus to site
requirel11ents and so indicated cln a site plan.
The owner should be made aW~lre that ministry permits are required prior to any construction
being undertaken. Ministry permits are also required for all signs visible to the highway. Further
information on our permit requif'i~ments is available from our office by contacting Mr. Ken
Sherbanowski, Permits Officer, at 416~235-5560. As part of our permit review process, we will
require the submission of a stolmwater Management Report and a Lighting Plan for our review
and approval.
Yours Truly,
~RO~
Corridor Management Technician
cc:Richard Yeung, Corridor Marlagement Engineer, MTO
Ken Sherbanowski, Corridor Management Technician, MTO
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Council Meeting Minutes
Monday, June 6,2005
7:30 PM
Resolution #91/05
Moved by Councillor Dickerson
Seconded by Councillor McLean
WHEREAS the Council of The Corporation of the City of Pickering adopted the
Pickering Official Plan in March, 1997; and
WHEREAS the Regional Municipality of Durham approved the Pickering Official Plan in
September, 1997; and
WHEREAS the Pickering Official Plan came into effect in October, 1997; and
WHEREAS the Official Plan identifies Neighbourhood 8 as the Town Centre, bounded
by the C.N. rail line, the rear lot lines of properties fronting Kingston Road, the hydro
transmission corridor, and Highway 401; and
WHEREAS Pickering Council adopted the Town Centre West Development Guidelines
for lands generally west of Liverpool Road, between Kingston Road and Highway 401;
and
WHEREAS the Official Plan policy encourages the highest mix and intensity of uses
and activities in the City to be in the Town Centre Neighbourhood; and
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Council Meeting Minutes
Monday, June 6,2005
7:30 PM
WHEREAS the Town Centre Neighbourhood has not realized development activity to
the extent envisaged by the Official Plan; and
WHEREAS the February 2005 Draft Provincial Growth Plan (Places to Grow)
designates the City of Pickering as an Urban Gro\\Il:h Centre; and
WHEREAS the lands within the Town Centre West area are strategically located to
provide significant intensification potential and opportunity to implement the direction of
the Draft Provincial Growth Plan (Places to Grow) which encourages a density of
development of not less than 200 residents and jobs per hectare; and
WHEREAS the Town Centre West area is currently served by convenient access to
Highway 401 and will be additionally served by a pedestrian bridge over Highway 401
linking the GO transit station to the Town Centre area; and
WHEREAS the Province of Ontario currently owns lands strategically located at the
northwest quadrant of Highway 401 and Liverpool Road, which lands are an integral
component;
NOW THEREFORE the Council of The Corporation of the City of Pickering hereby
identifies these lands as a prime opportunity area for intensification; to have a diverse
mix of land uses generally planned as outlined in the Draft Provincial Growth Plan; and
FURTHER THAT when dealing with development interests for sites within this area of
the City, City staff is directed to convey Pickering Council's interest for higher intensity
of land uses; and
FURTHER THAT the Province of Ontario be encouraged to consider the construction of
the proposed courthouse facilities for Durham Region on the provincially-owned lands
located at the northwest quadrant of Highway 401 and Liverpool Road; and
FURTHER THAT copies of this resolution be forwarded to:
. The Honourable Dalton McGuinty, Premier of Ontario
. The Honourable Greg Sorbara, Minister of Finance
. The Honourable Michael Bryant, Attorney General
. Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge
CARRIED AS AMENDED
-4-