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Home My WebLink AboutJune 4, 2007 Planning & Development Committee Agenda Monday, June 4, 2007 7:30 pm Council Chambers Chair: Councillor Mclean PART" A" PLANNING INFORMATION MEETING INFORMATION REPORT NO. 03-07 PAGES 1 - 7 SUBJECT: Zoning Amendment Application A 02/07 Doumouras Properties Ltd. 1010 Brock Road Part of Lot 19, Concession 1 (Part 1 & Part 2, 40R-3816) City of Pickering PART "B" PLANNING & DEVELOPMENT REPORTS 1. Director, Planning & Development, Report PO 13-07 Wilson/Maclnnis/557~151 Ontario Limited Plan of Subdivision 40M-1446 8 - 16 557351 Ontario Limited Plan of Subdivision 40M-1451 557351 Ontario Limited/Marshall Homes (Altona) Limited Marshall Homes (Woodview) Limited Plan of Subdivision 40M-1515 Final Assumption of Plans of Subdivision 1. That Report PD 13-07 of the Director, Planning & Development regarding the Assumption of Plans 40M-1446, 40M-1451 and 40M-1515, be received; 2. That the highways being Hoover Drive, Littleford Street and Rouge Valley Drive within Plan 40M-1446 be assumed for public use; 3. That the highways being Rouge Valley Drive and Hoover Drive within Plan 40M-1451 be assumed for public use; Planning & Development Committee Agenda Monday, June 4, 2007 7:30 pm Council Chambers Chair: Councillor McLean 4. That the highways being Hoover Drive, Howell Crescent and Richardson Street within Plan 40M-1515 be assumed for public use; 5. That the services required by the Agreements relating to Plans 40M-1446, 40M-1451 and 40M-1515, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Block 50, Plan 40M-1446 and Blocks 85 to 90,95,97,98,99 and the remainder of Blocks 84 and 94, all within Plan 40M-1515; 6. That the Subdivision Agreements and any amendments thereto relating to Plans 40M-1446, 40M-1451 and 40M-1515, save and except from Blocks 85 and 86, Plan 40M-1515, be released and removed from title; 7. That By-law 1416/82 (Places of Amusement) be amended to include the roads being Hoover Drive, Littleford Street and Rouge Valley Drive within Plan 40M-1446; 8. That By-law 1416/82 (Places of Amusement) be amended to include the roads being Rouge Valley Drive and Hoover Drive within Plan 40M-1451; 9. That By-law 1416/82 (Places of Amusement) be amended to include the roads being Hoover Drive, Howell Crescent and Richardson Street within Plan 40M-1515; and 10. That Council enact a By-law to dedicate that part of Block 94, Plan 40M- 1515, designated as Part 8, Plan 40R-18609 as public highway. 2. Director, Planning & Development Report PD 17-07 17 - 54 Zoning By-law Amendment Application A 8/06 Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham Part of Lot 24, Concession 1 (40R-16455, Parts 1 & 5, 40R-12678, Parts 1 & 2, 40R-12678, Parts 6 to 9, & 40R-12678, Part of Part 4 and Part 5 & 40R-22390, Part 1) (1097,1099,1101, 1101A, & 1103 Kingston Road) City of Pickerinq Planning & Development Committee Agenda Monday, June 4,2007 7:30 pm Council Chambers Chair: Councillor McLean 1. That Report PD 17-07 of the Director, Planning & Development, regarding Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham Zoning By-law Amendment Application A 8/06 be received; 2. That Zoning By-law Amendment Application A 8/06 submitted by Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham, on lands being Part of Lot 24, Concession 1 (40R-16455, Parts 1 & 5, 40R-12678, Parts 1 & 2, 40R-12678, Parts 6 to 9, & 40R-12678, Part of Part 4 and Part 5 & 40R-22390, Part 1) (1097,1099, 1101, 1101A, & 1103 Kingston Road), City of Pickering, to amend the zoning to permit a broader list of commercial uses, including a variety of retail, personal service shop, office and restaurant uses on the subject properties, be approved subject to the conditions outlined in Appendix I to Report PD 17-07; and 3. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 8/06, as set out in Appendix II to Report PD 17-07, be forwarded to City Council for enactment. 3. Director, Planning & Development, Report PD 18-07 Zoning By-law Amendment Application A 3/06 Brookdale Centre Inc. Part of Lot 23 & 24, Concession 1 1105 and 1163 Kingston Road City of Pickerinq 55 - 96 1. That Report PD 18-07 of the Director, Planning & Development, regarding Brookdale Centre Inc. Zoning By-law Amendment Application A 3/06 be received; 2. That Zoning By-law Amendment Application A 3/06 submitted by Brookdale Centre Inc., on lands being Part of Lot 23 and 24, Concession 1 (1105 and 1163 Kingston Road), City of Pickering, to amend the zoning to permit a broader list of permitted commercial uses including a variety of retail, personal service shops, office and restaurant uses on the subject properties be approved subject to the conditions outlined in Appendix II to Report PD 18-07; 3. That the zoning by-law to implement Zoning By-law Amendment Application A 3/06, as set out in Appendix I to Report PD 18-07, be forwarded to City Council for enactment; and Planning & Development Committee Agenda Monday, June 4,2007 7:30 pm Council Chambers Chair: Councillor McLean 4. Further, that Pickering Council direct City staff to report, through the recently initiated Official Plan Review, on the policy changes required to reflect the changes to the Town Centre West Development Guidelines including changes as shown on Attachment #3 to Report PD 18-07. 4. Director, Planning & Development, Report PD 19-07 Zoning By-law Amendment Application A 5/06 1685279 Ontario Inc. 1741 Fairport Road Lot 126, Plan 1051 (Part 1, 40R-23692) City of Pickerinq 1. That Zoning By-law Amendment Application A 5/06 be approved to permit the development of limited retail commercial uses on the subject property including personal service, offices, restaurants, retail stores and financial institution uses on lands being Lot 126, Plan 1051, Part 1, 40R-23692; 97 - 135 2. That Council give direction to staff to seek consent of all parties to have the Ontario Municipal Board refuse to approve Draft Plan of Subdivision S-P- 2005-01 ; 3. That By-law 6529/05 to permit nine single detached dwellings on the subject lands be repealed; and 4. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 5/06, as set out in Appendix I to Report PD 19-07, be forwarded to City Council for enactment. 5. Director, Planning & Development, Report PD 20-07 136 - 152 Sustainable Neighbourhood Plan Project Consultants Report Working Draft of the Scorecard for Neighbourhood Sustainability Under Separate Draft Sustainable Development Guidelines for Neighbourhoods Cover Draft Sustainable Development Guidelines for Subdivisions / Sites / Buildings District Enerqy Pre-feasibility Report for Central Pickerinq 1. That Report PD 20-07 of the Director, Planning & Development, regarding the Sustainable Neighbourhood Plan project, be received; Planning & Development Committee Agenda Monday, June 4,2007 7:30 pm Council Chambers Chair: Councillor McLean 2. That the Consultants' Final Report on the Sustainable Neighbourhood Plan project, prepared by Dillon Consulting Limited, Joseph Bogdan & Associates and Halsall Associates Limited with FVB Energy Inc., dated May 2007, be received; and a) That the Draft Sustainable Development Guidelines contained as Appendices A and B to the Consultants' Final Report be: i. used as input to the development of the sustainability performance measures and benchmarks required for Seaton; II. used as input to the sustainability components of the Pickering Official Plan Review; and III. released to other organizations for input to their research on sustainable development and the Leadership in Energy and Environmental Design - Neighbourhood Developments (LEED-ND) framework in Canada, including the Federation of Canadian Municipalities, Canada Green Building Council, and Canada Mortgage and Housing Corporation; b) That staff be authorized to continue participating in the professional and academic discussions regarding sustainability and LEED-ND; and c) That the District Energy Pre-feasibility Report for Central Pickering contained as Appendix D to the Consultants' Final Report, dated May 2007, be made available to all those interested, and used as input to the Energy Management Plan required as part of the Master Environmental Servicing Plan for Seaton; and 3. That Council receive for information the Working Draft of the Scorecard for Neighbourhood Sustainability and request staff to report back with a Final Draft and a User's Guide later this year; 4. That staff conduct a consultation workshop in the fall to obtain comments from stakeholders on the Draft Scorecard and User's Guide; 5. That a copy of Report PD 20-07 of the Director, Planning & Development and the Consultants' Final Report be forwarded to the Federation of Canadian Municipalities, with appreciation for the funding assistance provided for this project; and 6. Further, that a copy of Report PD 20-07 of the of the Director, Planning & Development and the Consultants' Final Report, be forwarded to others who assisted or expressed an interest in the City's work including the Planning & Development Committee Agenda Monday, June 4, 2007 7:30 pm Council Chambers Chair: Councillor Mclean Canada Green Building Council, Canada Mortgage and Housing Corporation, Ministry of Municipal Affairs and Housing, Toronto and Region Conservation Authority, Region of Durham, City of Toronto, Town of East Gwillimbury, Town of Oakville, the Clean Air Partnership and the Chelsea Foundation. 6. Director, Planning & Development, Report PD 21-07 Zoning By-law Amendment Application A 1/07 811501 Ontario Limited 954 Dillingham Road Part of Lot 19, Range 3, B.F.C. (Part 1, 40R-3328) City of Pickerinq 1. That Zoning By-law Amendment Application A 1/07 be approved to amend the permitted uses for the subject property to permit a gymnastics facility, on lands being Part of Lot 19, Range 3, B.F.C., Part 1, 40R-3328; 153-171 2. That a portion of the lands described as that part of Part of Lot 19, Range 3, B.F.C., Pickering, designated as Part 1, and Part 2, Plan RD-366 be declared surplus to the needs of the Corporation for the purpose of sale; 3. That the CAD be authorized to negotiate the sale of the subject lands exclusively with 811501 Ontario Limited, for incorporation into their property at 954 Dillingham Road for the purpose of providing additional area for vehicle parking; 4. That the CAD report back to Council detailing the exact location and dimensions of the lands for sale, the negotiated terms and conditions, and to seek authorization to effect the sale of the subject lands; and 5. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 1/07, as set out in Appendix I to Report PD 21-07, be forwarded to City Council for enactment. (II) OTHER BUSINESS (III) ADJOURNMENT n r' ",t! , ~ ' . , j' ....} \) . . Citq o~ INFORMATION REPORT NO. 03-07 FOR PUBLIC INFORMATION MEETING OF June 4, 2007 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning Amendment Application A 02/07 Doumouras Properties Ltd. 1010 Brock Road Part of Lot 19, Concession 1 (Part 1 & Part 2, 40R-3816) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the property is located at the northwest corner of Brock Road and Bayly Street; - a property location map is provided for reference (see Attachment #1); - a one-storey building currently exists on the property, fronting both Brock Road and Bayly Street; - primarily mixed industrial commercial uses exist to the north and west, a gasoline service station to the south, and a trucking / outdoor storage yard exists to the east; - the broader surrounding area is comprised of a mix of retail, personal service, warehousing, trucking and manufacturing uses. 2.0 APPLICANT'S PROPOSAL - the applicant has requested to expand the permitted uses for the subject property to include a convenience store, a financial institution, a sales outlet, a personal service shop and professional offices; - the applicant's submitted plan is provided for reference (see Attachment #2). Information Report No. 03-07 Page 2 !"'\"". i . t. ~ ~ '. . i 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reaional Official Plan - the Durham Region Official Plan designates the subject lands as Urban Areas - Employment Area; - establishes that designated Employment Areas shall be used for manufacturing, assembly and processing of goods, service industries, research and development facilities, warehousing, business parks; - permits limited personal service uses, a limited number of uses for retailing of goods and services, and limited office uses; - the subject application will be assessed against the policies and the provisions of the Durham Region Official Plan during the further processing of the application; 3.2 Pickerina Official Plan - the Pickering Official Plan designates the subject lands as Employment Area - Mixed Employment within the Brock Industrial Neighbourhood; - permissible uses within this designation include offices and limited retailing of goods and services serving the area; - the applicant's proposal will be assessed against the policies and the provisions of the Pickering Official Plan during the further processing of the application; 3.3 Zonina By-law 2511 - the subject lands are currently zoned "CA2 (S)" - Commercial Automotive Specific Zone by By-law 2511, as amended by By-laws 1442/82, 1201/80, and 928/78; - the current permitted uses of this property include automobile service stations, restaurants, vehicle repair shops, vehicle sales, and warehouses; - a zoning by-law amendment is required to implement the applicant's proposed uses on the property; - the applicant has requested that the permitted uses for the subject property be expanded to include limited retail, commercial and office uses. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no objections or concerns received to date; 4.2 Aaency Comments - no comments received to date; Information Report No. 03-07 Page 3 " ",", I'.... t 1 t" ~: \) ..) 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 application in terms of its level of sustainable development components; · reviewing the proposed development in terms of compatibility with, and sensitivity to, surrounding lands; . reviewing the adequacy and location of on-site parking to support the proposed uses; · reviewing the proposed development to ensure that adequate information is provided, that technical requirements are met and that the proposed site design is appropriate; - 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 this application has bl3en deemed complete in accordance with the Planning Act, - 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 and/or 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 you wish to reserve the option to appeal a decision of the City of Pickering, you must provide oral comments at the public meeting, or written comments to the City before Council adopts for this proposal any zoning by-law amendment; if a person or public body does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the by-law is passed, such persons or publiC bodies are not entitled to appeal the decision of Council to the Ontario Municipal Board, may not be entitled to be added as a party to the hearing unless, in the opinion of the board, there are reasonable grounds to do so. Information Report No. 03-07 .'\.; ., \ ' ..,. '1: Page 4 6.0 OTHER INFORMATION 6.1 Appendix No. I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 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; - the City of Pickering has not received any technical information I reports on the proposed application; - 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 property is Doumouras Properties Ltd., and the Principal is Bill Doumouras, President; - the authorized agent is Aristotle Christou of Polis Plan Municipal Planners Inc. /' , / i RC:ld Attachments Copy: Director, Planning & Development '\r, - l:"jJ APPENDIX NO. I TO INFORMATION REPORT NO. 03-07 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date ATTACHMENT#..l.-ro C'~:;. Ul INFORMATiON REPORT# - '\ r ......'!. l:,-.;U W ::J Z W > <( o cr: o >- I PLUMMER STREET QUARTZ ST. ~ --.J <( U1 ~ u o 0::: en >- o I- BAYLY STREET BAYLY STREET DILLINGHAM ROAD ~ o o lY III City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 19, CONCESSION 1 (PART 1, 40R-21855) OWNER DOUMOURAS PROPERTIES LTD. DATE MAR. 26, 2007 DRAWN BY IB FILE No. A02/07 SCALE 1 :5000 CHECKED BY RC l' a a ouress: Teran.t Enterpris.s Inc. and its suppliers. All right. Re$.,rved. Not a pion of survey. 2005 MPAC and Its suppliers. All r1 hte Reserved. Not 0 plan of Survey. PN-4 ATfACHMENT#..b-TO REPORT# l\ '~1' -c/ 7 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 02/07 - DOUMOURAS PROPERTIES LTD. " r. ...., , j'. ' l: '.j ( .... .wmr~ - ...-- . ; i ; i i i i ; i , i , ; ~. i ,. ! I i ~ . i . i I i i I i i i ~ i i I j i j i i ! j U ! i , i i ; i j , ; i ! i i . i ; i . i i i ; i i i = <=:) aliI uo ".1>> ..a !t ..~ H 9 I@ l! .. II I un r: I 7.12 ,..-..-,.,... BAYlY STREET L!:lSITE PLAti ffi ~JQNJ!"JlO1l \D TO AMEND THE ZONING BY-LAW FOR THE PURPOSE OF ADDING COMMERCIAL USES TO THE LIST OF PERMITTED USES ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION AND SUPPORT SERVICES SECTION, MARCH 26, 2007. (\ ,", ('. \. c...~ .J1 - lUf O'f REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PD 13-07 Date: June 4, 2007 From: Neil Carroll Director, Planning & Development Subject: Wilson / Macinnis /557351 Ontario Limited Plan of Subdivision 40M-1446 557351 Ontario Limited Plan of Subdivision 40M-1451 557351 Ontario Limited / Marshall Homes (Altona) Limited Marshall Homes (Woodview) Limited Plan of Subdivision 40M-1515 Final Assumption of Plans of Subdivision Recommendation: 1 . That Report PD 13-07 of the Director, Planning & Development regarding the Assumption of Plans 40M-1446, 40M-1451 and 40M-1515, be received; 2. That the highways being Hoover Drive, Littleford Street and Rouge Valley Drive within Plan 40M-1446 be assumed for public use; 3. That the highways being Rouge Valley Drive and Hoover Drive within Plan 40M-1451 be assumed for public use; 4. That the highways being Hoover Drive, Howell Crescent and Richardson Street within Plan 40M-1515 be assumed for public use; 5. That the services required by the Agreements relating to Plans 40M-1446, 40M-1451 and 40M-1515, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Block 50, Plan 40M-1446 and B)6cks 85 to 90, 95, 97, 98, 99 and the remainder of Blocks 84 and 94, all withIn Plan 40M-1515; 6. That the Subdivision Agreements and any amendments thereto relating to Plans 40M-1446, 40M-1451 and 40M-1515, save and except from Blocks 85 and 86, Plan 40M-1515, be released and removed from title; Report PD 13-07 June 4, 2007 Subject: Final Assumption of Plans of Subdivision 40M-1446, 40M-1451 and 40M-1515 Page 2 l...' r~ 9 ,," \.j 7. That By-law 1416/82 (Places of Amusement) be amended to include the roads being Hoover Drive, Littleford Street and Rouge Valley Drive within Plan 40M-1446; 8. That By-law 1416/82 (Places of Amusement) be amended to include the roads being Rouge Valley Drive and Hoover Drive within Plan 40M-1451; 9. That By-law 1416/82 (Places of Amusement) be amended to include the roads being Hoover Drive, Howell Crescent and Richardson Street within Plan 40M-1515; and 10. That Council enact a By-law to dedicate that part of Block 94, Plan 40M-1515, designated as Part 8, Plan 40R-18609 as public highway. Executive Summary: The City entered into Agreements with the above-noted developers for the development of Plans 40M-1446, 40M-1451 and 40M-1515. As all works and services within these plans have been completed to the satisfaction of City staff, it is appropriate to assume the roads and services within these plans under the jurisdiction of the City and release the developers from the provisions of the Subdivision Agreements. Financial Implications: There are no new financial implications to the City as a result of this recommendation. Sustainability Implications: The final assumption of these plans of subdivision is an administrative process that legally concludes the City's acquisition of necessary roads and other infrastructure. It does not directly impact the City's sustainability initiatives. Background: The City entered into Agreements with the above-noted developers for the development of Plans 40M-1446, 40M-1451 and 40M-1515. As the developers have now completed all works and services to the satisfaction of City staff, it is appropriate to assume the roads and services within these Plans, save and except from the following Blocks: Plan 40M-1446 1 . Block 50 Will be assumed through Plan 40M-1712. Report PO 13-07 June 4, 2007 Subject: Final Assumption of Plans of Subdivision 40M-1446, 40M-1451 and 40M-1515 ~, /1 '-, il' JL. U Plan 40M-1515 Page 3 1. Remainder of Block 84 Future development; - north portion 2. Blocks 85 & 86 Future development; 3. Street Widening Blocks 87,88&89 4. Reserve Block 90 5. Remainder of Reserve Block 94 6. Reserve Block 95 7. Reserve Blocks 97,98 & 99 In the Region's ownership; Future road allowance; Future road allowance; Future road allowance; and In the Region's ownership. Further, it is also appropriate to release the developers from the provisions of their respective Agreements with the City, as follows: 1. Plan 40M-1446 Subdivision Agreement dated April 21, 1986 and registered as Instrument No. L T305634 and the amending Subdivision Agreement dated August 4, 1992 and registered as Instrument No. L T621702; 2. Plan 40M-1451 Subdivision Agreement dated April 21, 1986 and registered as Instrument No. LT305640;and 3. Plan 40M-1515 Subdivision Agreement dated May 19, 1987 and registered as Instrument No. L T370567 and the amending Subdivision Agreement dated February 1, 1999 and registered as Instrument No. L T890318. Accordingly, it is being recommended: 1. That the highways being Hoover Drive, Littleford Street and Rouge Valley Drive within Plan 40M-1446 be assumed for public use; 2. That the highways being Rouge Valley Drive and Hoover Drive within Plan 40M-1451 be assumed for public use; Report PD 13-07 June 4, 2007 Subject: Final Assumption of Plans of Subdivision 40M-1446, 40M-1451 and 40M-1515 Page 4 '~... -~ ll. .1 3. That the highways being Hoover Drive, Howell Crescent and Richardson Street within Plan 40M-1515 be assumed for public use; 4. That the services required by the Agreements relating to Plans 40M-1446, 40M-1451 and 40M-1515, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Block 50, Plan 40M-1446 and Blocks 85 to 90, 95, 97, 98, 99 and the remainder of Blocks 84 and 94, all within Plan 40M-1515; 5. That the Subdivision Agreements and any amendments thereto relating to Plans 40M-1446, 40M-1451 and 40M-1515, save and except from Blocks 85 and 86, Plan 40M-1515, be released and removed from title; 6. That By-law 1416/82 (Places of Amusement) be amended to include the roads being Hoover Drive, Littleford Street and Rouge Valley Drive within Plan 40M-1446; 7. That By-law 1416/82 (Places of Amusement) be amended to include the roads being Rouge Valley Drive and Hoover Drive within Plan 40M-1451; 8. That By-law 1416/82 (Places of Amusement) be amended to include the roads being Hoover Drive, Howell Crescent and Richardson Street within Plan 40M-1515; and 9. That Council enact a By-law to dedicate that part of Block 94, Plan 40M-1515, designated as Part 8, Plan 40R-18609 as public highway. Attachments: 1. Location Map - Plan 40M-1446 2. Location Map - Plan 40M-1451 3. Location Map - Plan 40M-1515 4. Draft By-law to dedicate that part of Block 94, Plan 40M-1515, designated as Part 8, Plan 40R-18609 as public highway Prepared By: Approved / Endorsed By: Nei~ Director, Planning & Development .1 n ~.< fJ. UL Denise By ,Supervisor Property & Development Services Report PD 13-07 June 4, 2007 Subject: Final Assumption of Plans of Subdivision 40M-1446, 40M-1451 and 40M-1515 '\ ... ,-, :,-, .1. L. Page 5 DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council v (" ,- Recommendation approved: Director, Operations & Emergency Services Chief Administrative Officer Director, Corporate Services & Treasurer Director, Planning & Development City Clerk I: I TO p~: .......J 2-> .' ...CF!r. '''1 .., <" ~l 1 ..J J r I I I~' /'\ ----\.SWEETBRIAR CRT. r I 1/111 Ii T 1 ~WSON -(3.. :~ II I I I~L-.L STREET /I o r--\~ I ~ C.N.R. C.N.R. 1 DRIVE -- "-- TWYN - \ I I RIVERS - DRIVE W t- F: :~ oL I I _ 'ilrffi$<<../ ~ o-)>/v(' w > cr: o ~~ - - - - ---" --- ~HOWELL w;= ~[T o -RlCI-IARDSON CRESCENT __ r--- - - - - \ I I~ - - - -~ -.::::> -f2 _. -- - o <( o ,,-10::: II I V ,..--. STREET I =rnrl) := - - - -- - -0- <(- CRESCENT f2- w -l <( o z ::= HOOV ~ DRIVE i!. - , ~ ~ == ~"SO: 'PO \ I ~ J<( r- i==- I ~ ~ I ~I~R~ETI ~~ ~((<") \ \:=:- <( "'" "- ,- DRIVE >.. ~ - Of--- ~I- ~ - ~ --l?J. == ~ 00 -< - () -j3 - -< - __ fil --1 . :-,( - ~ VALLEY GATE BROOKRIDGE 't\ =1 I B II l Planning & Development Department STREET I I '- SUBJEC ~ DIVIS ::t ~ ~ ~LEFORD Tr-15 - - >- w c-- -l -l ;;: 0::: W > o o _ ..-1 STOVER I=/ - I I - FIDDLERS j!\\ (1 <>:. J-~~::l '\;; · · :?0 O^" ~ . -;:... '^o ~. ~o '.'~) ~'^ ~ o(~_ City of Pickering PROPERTY DESCRIPTION 40M-1446 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DATE MAY 10, 2006 SCALE 1 :5000 DRAWN BY JB CHECKED BY DB 11' IV Q!.O. sourc..: ~- ~~~5e~tAndeci:~.~~s 1~~'oD~re~s.il~II.':r:~~f:t'Re~~,.:~~~t&N~e~o~~od,; ~fts~r~:.n of BUNOY. PN-5 " '" l~ L' .1 'f .,", _,i?'"_, Ie I'" "'L .2..::J...' .:J:-". o I/""'\J r--r'-\\ <l: ~) ~ I I \\ I I--' ~ 1111~n- I : LAWSON 0" 'l:i::L-L !i"'rTf r STREET t=d/ " C.N.R. C.N.R. I I I r I I """- DRIVE TWYN- RIVERS I-- I-- I-- I-- I-- I-- I-- 1--- ~ rmTs~~[T __ DJJIt:jo -R\CrlARDSON CRESCENT ..-r- - w ;:::: a:: o ~ w ~ ~ F: r~ w~ "- Ifoo t..-~~~ 1 'D0t'1f \NO !:!D:.LEFORD ()-?// , 'r-r' I-- ci v(' '\\ \ II-- 0 - - - - I-- <{ Z 1 ~ -1 J <{ DRIVE STREET I o <( o :'-- a:: t- III ::~~EH~Nl 0 t= OU~ I-- I--- I-- I-- I-- I-- I-- I-- 0 I-- <( I-- CRESCENT ~- w- -1 f--- C3 I-- Z ~- ~ >- w _ -l -l ~ a:: w > g r-- .-.J STOVER I~V SUBJECT SUBDIVISION - - ~ '--w ~ I--~ I-- I-- - HOOVER 1l.-E: kj111. . \ J -& ~, 4~~ ~~ . ~~ .1\~ @ow ~. @!? 'U'@OO@!m'U'@ . ~ ~l t~ City of Pickering PROPERlY DESCRIPTION 40M-1451 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION I--- DRIVE - - ~= ~ J<C. I -/ ~ t;j r Q.' -, Q. STREET 1 SCALE 1:5000 DATE JUNE 20, 2006 DRAWN BY JB CHECKED BY DB a~a 5aurc..: i' ~005.~p~nJ.::~.~~. '~~P;i~~.:tA"a~r:~~:-.R.~~~~~~t.NO~.~.r:~Qd~ ~rts~";:'I:.n of au,..,.y. " I I I-- I I FIDDLER - - ~ TOMLI"~ON ~ l' PN.5 i--- f- i--- W _ g HOOVER DRIVE -~ J3 . - - - ~ - ~ - \ '- \---- TOMLl1\ SON CRT ~ \ I ~,,~:== ~ ~~ '- -..Ja. STREET <( ~ ~ x I ,1 5 ~ 'f( I L-~~ ((')- ~ ~RIVEI E= ~ ~ Planning & Development Department ....... , if _~. '::J ~_,__ III fL . \7.- U -"1, .........:.?___..__..:I_.___ I ~ ~l~~ ~~ ~ z =- ....-.~O(jD ~ - wl--"'r-,"T :J ~- 1\ ~ In- r-r <( w- I 0 -I I - In r :S. LAWSON =:j/ I I o <( -- wI-- 0 ~ :;ARVIEW c/f:RT' - cr _3=- -~- >- In- _w_ -~- STREET lL. --..; GATE ~ STREET Ul= 11'\-- R;</}- r C.N.R. '- - '--- TWYN II \ RIVERS DRIVE w > oc o ~ I-- I-- i--- f- \ r r-- I-- I-- SUBJECT := - SUBDIVISION ---- ffi!HOWEL~L ~ . Ir ~ Tf ..--1 o[ -Rib-lARDSON STREET CRESCENT __,.- - - ~'- 5O~ 1 ~ ~~ORO - - I I -I 1/ ..........~STREET ~ H~NJ ~ = o~_ - - - - - -0- <(- CRESCENT ~ ~ w- -I <( o z ~- lL. - >- W _-I -I ~ ~ w > 8 --i STOVER I~vr - r- I City of Pickering PROPERTY DESCRIPTION 40M.1515 c~ 15 \ \ /\ \ \ / ~~1J ~ ~ !d~~~ ~ \- - SHEPPA~ AVENUE~ ......... o <( o r I ROUGEMOUNT DRIVE - - I I FIDDLERS ~ - - I I I OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DATE JUNE 20, 20061 DRAWN BY JB SCALE 1 :5000 CHECKED BY DB l' o c :sourc..: ~ ~'Od;.~p~~e~:~.~~1I 1;~pp~~~..a~Il.~~~~:".R~~..:~gd~t.No~e~e~~od..; ~:,ts~r.J:,I:.n of .ur-v8y. PN-5 '-I- . ;. #__TO iI" PC __-13. "'0-'~ ". ... " l' J /J THE CORPORATION OF THE CITY OF PICKERING Being a By-law to dedicate that part of Block 94, Plan 40M-1515, Pickering, designated as Part 8, Plan 40R-18609 as public highway. WHEREAS The Corporation of the City of Pickering is the owner of that part of Block 94, Plan 40M-1515, Pickering, designated as Part 8, Plan 40R-18609 and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOllOWS: 1. That part of Block 94, Plan 40M-1515, Pickering, designated as Part 8, Plan 40R-18609 is hereby dedicated as public highway (Richardson Street). BY-lAW read a first, second and third time and finally passed this 18th day of June, 2007. David Rya~.A c~ Debi A. Bentley, City Clerk Roadded.479 Citlf 0# REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PD 17-07 Date: June 4, 2007 ('17 From: Neil Carroll Director, Planning & Development SUBJECT: Zoning By-law Amendment Application A 8/06 Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham Part of Lot 24, Concession 1 (40R-16455, Parts 1 & 5, 40R-12678, Parts 1 & 2, 40R-12678, Parts 6 to 9, & 40R-12678, Part of Part 4 and Part 5 & 40R-22390, Part 1) (1097,1099,1101, 1101A, & 1103 Kingston Road) City of Pickering Recommendation: 1. That Report PD 17-07 of the Director, Planning & Development, regarding Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham Zoning By-law Amendment Application A 8/06 be received; 2. That Zoning By-law Amendment Application A 8/06 submitted by Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham, on lands being Part of Lot 24, Concession 1 (40R-16455, Parts 1 & 5, 40R-12678, Parts 1 & 2, 40R-12678, Parts 6 to 9, & 40R-12678, Part of Part 4 and Part 5 & 40R-22390, Part 1) (1097,1099, 1101, 1101A, & 1103 Kingston Road), City of Pickering, to amend the zoning to permit a broader list of commercial uses, including a variety of retail, personal service shop, office and restaurant uses on the subject properties, be approved subject to the conditions outlined in Appendix I to Report PD 17-07, and 3. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 8/06, as set out in Appendix II to Report PD 17..07, be forwarded to City Council for enactment. Executive Summary: The applicants propose to rezone the subject properties, that currently support three commercial buildings and two vacant parcels, to permit a broader list of commercial uses, including a variety of retail, personal service shops, office and restaurant uses. The subject application is similar to the application on the properties to the east being the Brookdale Centre Inc. lands that is subject to Report PD 18-07 for a similar list of permitted uses. The owners wish to ensure that the subject properties have a coordinated permitted uses and leasing opportunities. Report PO 17-07 Date: June 4, 2007 Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham (A 8/06) (\ 18 Page 2 The applicants have also requested through this rezoning application, that the road pattern of the Town Centre West Development Guidelines (TCWDG) be revised to delete Street 'A', as a public street through the centre of subject properties and permit this section of road to function as a private main aisle (see Attachment #3). The applicants do not propose any changes to the existing buildings or sites. The recommended uses are compatible and appropriate for the subject lands and conform to the Pickering Official Plan. The proposed zoning to permit a full range of retail, office and personal services uses will create a more dynamic commercial environment that will be more attractive to pedestrian traffic. The new uses will also promote opportunity for a more intensive use of the land, which will result in better utilization of the land and greater opportunity to achieve the floor space index goals of the Official Plan. Street 'A', whether a public road or a private main traffic aisle, will function as part of the overall transportation network to move traffic effectively through the Town Centre West area. It is recommended that this application be approved, and the draft by-law be forwarded to City Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the approval of the zoning for the additional commercial uses on the subject properties. Sustainability Implications: This development proposal is an infill project that provides for commercial intensification, makes efficient use of existing buildings and vacant lands, and takes advantage of existing infrastructure within the City's urban area. The site is located on a designated transit spine. The proposal generally represents a sustainable approach for the development of the subject lands. Background: 1.0 Introduction The applicants have submitted an application to amend the zoning by-law in order to permit additional commercial uses, revise the uses currently permitted, and remove the existing gross leasable floor area limitations and restrictions for the subject properties (see Location Map, Attachment #1). The subject lands are composed of five separate properties of which three contain existing buildings (see Attachment #2 - air photo of property layout). Report PO 17-07 Date: June 4, 2007 Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham (A 8/06) Page 3 The requested uses include: . assembly hall · business office · commercial-recreational establishment . commercial club · commercial school . day nursery · discount department store . drug store . dry cleaning depot . duplicating shop . financial institution · furniture & major appliance store · general merchandise store t) 1 ~ \.. .1.) · grocery store · home improvement centre with accessory garden centre · outdoor storage, display and sale of retail and garden centre products · personal service shops · professional office . place of amusemenVentertainment . restaurant - Type A . restaurant - Type F . retail store . service store . video store The applicants have also requested through this rezoning application, that the road pattern of the TCWDG be revised to delete Street 'A', as a public street through the centre of subject properties and permit this section of road to function as a private main aisle (see Attachment #3 - Development Guidelines Proposed Road Network and Attachment #4 - Development Guidelines Land Use Plan). 2.0 Comments Received 2.1 At the October 19, 2006 Public Information Meeting No public comments were received at the Public Information meeting (see text of Information Report and Meeting Minutes, Attachments #6 & #7). 2.2 Agency Comments Toronto and Region Conservation Authority - TRCA advised the subject properties are not located within TRCA regulated area, therefore they have no objection to the application; - TRCA does suggest that a comprehensive storm water management strategy for the area be completed (see Attachment #8); Report PO 17-07 Date: June 4, 2007 Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., '\ /and The Regional Municipality of Durham (A 8/06) l' /... II Page 4 Region of Durham - 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 (see Attachment #9); No other agency that provided any comments has any objection to the subject applications. Certain technical issues and requirements related to the proposed use of the site can be addressed through the site plan process, if this application is approved. 3.0 Discussion 3.1 Broad Range of Commercial Uses Compliments the Official Plan The subject property is designated Mixed Use Area - Mixed Corridors Area in the Pickering Official Plan. Permissible uses within Mixed Use Area - Mixed Corridors Area includes, amongst others, a variety of residential uses including townhouses and apartment buildings, retailing of goods and services, offices and restaurants. The Official Plan also establishes a commercial intensification limit of 2.5 floorspace index (total building floorspace divided by total lot area). Mixed Use Area - Mixed Corridors Area are also encouraged to develop in an integrated manner for a wide variety of uses and purposes, and to intensify over time up to the maximum density and floorspace indices. The subject property is appropriately designated for the requested range of commercial uses. Both the principles of the TCWDG and the Kingston Road Corridor Urban Design Development Guidelines support expanded retail uses on the subject lands. Both these guidelines promote the area as a pedestrian friendly environment and intensified land use. The current zoning relies mostly on uses related to automobile traffic that detracts from the area becoming more pedestrian friendly. The proposed zoning amendment to allow for a full range of commercial uses will create a more dynamic commercial environment and encourage higher intensity of land use that is less automobile dependent. All of the requested uses are supportable with the exception of a 'Restaurant Type-F', (which is a drive thru restaurant) and a home improvement centre. The vision of creating a pedestrian friendly environment does not include drive thru restaurants or home improvement centres. The Market Justification Study for the application concluded that all requested uses are appropriate and will not result in any negative impact on Pickering's commercial structure. Report PD 17-07 Date: June 4, 2007 Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham (A 8/06) Page 5 '\ r~ oil' l .:"_l 3.2 Industrial Uses Should Be Eliminated Zoning on four of the five properties currently permits a light manufacturing use and equipment supplier. This use is more reflective of former uses in the area and should be eliminated as a permitted use given the areas change to a broad commercial purpose. The land use conflicts between industrial and commercial activities should be eliminated. Furthermore, the industrial use is not considered as being a form of land use that evokes a pedestrian friendly environment, as it is more automobile dependent. For the area to evolve, the industrial uses should be eliminated as they would be counter productive to the land use vision for the area. 3.3 Existing Commercial Floor Space Restriction No longer Required The existing zoning by-laws for the subject properties contain a restriction on the amount of floor space that can be utilized by some of the commercial uses. The removal of the commercial limitations will provide a greater opportunity to achieve the widest variety of uses and highest level of activity as set in the strategic policies of the Official Plan. However, there is still a need for certain retail restrictions to ensure this area will be supportive and complementary in function to the downtown core area. 3.4 Removal of the Public Road Requirement Through the Subject lands is supported subject to Appropriate Exchange of Right-of-Way Easements The TCWDG establish overall development principles for the area and includes an internal road network pattern. The internal road network planned for the Town Centre West Neighbourhood is an integral component of this development area and is necessary to adequately serve the needs of future businesses and residents. The road network provides for vehicular and pedestrian internal linkages between various access points around the perimeter of the Town Centre West Neighbourhood (see Attachment #4 - Development Guidelines Land Use Plan). The applicants request that the requirement for a public road extending east- west through the subject lands be removed (part of Street A in the TCWDG) ( see Attachment #3). In reviewing the need for a public road through the TCWDG area (and the rezoning application on the abutting property to the east, A03/06) it is being recommended that a public road be required to connect Kingston Road, south from Walnut Lane, to Liverpool Road (Attachment #5). The remainder of the 'road' network is recommended to be provided through the use of private' aisles'. Consequently, it is considered appropriate to eliminate the public road (Street A) through the subject lands, but retain a private aisle at the same location to ensure proper traffic circulation through out the area. MP&E supports the downgrading of this section of Street A to a private aisle. The intersection of this aisle with Dixie Road would be substandard if elevated to public road status. Assigning a more significant role to this aisle is not recommended. Report PO 17-07 Date: June 4, 2007 Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham (A 8/06) C ~ ~~ :.~~. Page 6 As part of the conditions of approval, it is recommended that the applicants enter into new or amending site plan agreements that will release them of any obligation for the conveyance of land for a municipal road. The agreement(s) will require that an exchange of right-of-ways be provided for the general public use of the traffic aisles to ensure proper traffic flows throughout the Town Centre West area. The Region of Durham's property located at 1103 Kingston Road is proposed for a EMS site. One of the accesses to the EMS site is proposed on the future private aisle located between the EMS property and the lands to the east owned by Brookdale Centre Inc (see Attachments #3 & #4). The design of this aisle will require careful consideration to accommodate the EMS facility access requirements. This aisle may require special easements to be registered on title to ensure functionality and permanency. 3.5 Revisions to the Town Centre West Development Guidelines are Required The subject lands are within the TCWDG area. The TCWDG were adopted by City Council in 1995, establishing a vision for the development of the area as a vibrant mixed use area that would incorporate residential, commercial and office uses. The TCWDG 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 TCWDG were a result of development pressures on the area in the mid 1990's. However since their adoption their has been little development interest in the area. With Council's approval of the rezoning application for a Home Depot store on the abutting lands, the intensity of development envisioned by the TCWDG has been adjusted, especially in the short term. Development that currently exists on the subject lands was introduced in accordance with the TCWDG, however, the permitted uses of the subject lands should be expanded to allow for a broader range of commercial opportunities. The TCWDG should be reviewed and revised to incorporate Council's decisions on this application. Staff's revised concept for the road/aisle pattern for the Town Centre West area is shown in Attachment #5. These revisions should form part of an overall review of TCWDG that consider land use, urban design, and transportation/traffic (including right-of-way easements) in a comprehensive manner. It is therefore recommended that revisions to the TCWDG be considered through the Official Plan Review that has been initiated by Council. Report PO 17-07 Date: June 4, 2007 Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham (A 8/06) Page 7 (\ n ,..... \. :... ,) 4.0 Technical Matters 4.1 Amending or Future Site Plan Agreement will be Required An amending site plan agreement between the City and the owners of the subject lands will be required to ensure that all matters related to the requirement for public roads and/or private traffic aisles and the related right-of-way easements have been addressed. When development is proposed for the vacant properties associated with this application a site plan agreement will be required to address all matters of the City, financial and otherwise and will also require the exchange of right-of-ways to secure the provision of private traffic aisles. 4.2 Proposed Zoning By-law Amendment The draft implementing zoning by-law recommends that the subject properties be rezoned to permit the proposed broad range of commercial uses including retail, office and personal services. The by-law will also delete the floor space restrictions on some of the existing commercial uses and delete the industrial uses as permitted uses" 5.0 Applicant's Comment~ The applicant has been advised of the recommendations of this report and has indicated support for the recommendation. APPENDICES: APPENDIX I: APPENDIX II: Recommended Conditions of Approval for A 8/06 Draft Zoning By-law Amendment Attachments: 1. Location Map 2. Air photo of property layout 3. Development Guidelines Proposed Road Network 4. Development Guidelines Land Use Plan 5. Staff Vision for Town Centre West Area 6. Text of Information Meeting Report 7. Minutes from October 19, 2006 Statutory Public Information Meeting 8. Agency Comments - TRCA 9. Agency Comments - Region of Durham Planning Department Report PO 17-07 Date: June 4, 2007 Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., ('. r, /and The Regional Municipality of Durham (A 8/06) '- .._ l' Page 8 Prepared By: Approved I Endorsed By: -4 8,RPP Ing & Development Ros1~IP~ Principal Planner - Development Review RP:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council APPENDIX I TO REPORT PO 17-07 t\ ri "".... t. .~ ,^J RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-L.AW AMENDMENT APPLICATION A 8/06 1. That the owners enter into site plan agreements or amending agreements with the City to reflect the comments of the report of the Director, Planning & Development Report PO 17-07. The site plan agreements shall ensure the fulfillment of the City's requirements, financial and otherwise, which shall include, but not necessarily be limited to: (a) the registering of Hasements for the travelling public for access between properties and to abutting properties; (b) the establishment of traffic aisles in order to create an appropriate traffic flow across and through the subject properties; (c) the elimination of options to convey lands to the City for future internal municipal roadways. /"', r.,...." \. ..' U DRAFT BY-LAW APPENDIX" TO REPORT PO 17-07 ZONING BY-LAW AMENDMENT APPLICATION A 8/06 DRAFT THE COHPORATION OF THE CITY OF PICKERING .'\n-l \..; ...~..., ( BY-lAW NO. Being a By-law to amend Zoning By-law 3036, as amended by By-laws 2641/88 and 41321/95, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of lot 24, Concession 1, in the City of Pickering. (A 8/06) WHEREAS the Council of The Corporation of the City of Pickering passed By-law 2641/88, amending By-law 3036, to permit the development of special purpose commercial uses on the subject lands, being Part of lot 24, Concession 1, in the City of Pickering; AND WHEREAS the Council of The Corporation of the City of Pickering passed By-law 3254/89, amending By-law 2641/88, to revise parking requirements and permitted uses on a portion of the subject lands, being Part of lot 24, Concession 1, in the City of Pickering; AND WHEREAS the Council of The Corporation of the City of Pickering passed By-law 4602/95, further amending By-law 2641/88, to permit the establishment of a restaurant with eat-in, take-out and drive-through order and pick-up services on a portion of the subject lands; AND WHEREAS the Council of The Corporation of the City of Pickering passed By-law 4621/95 to further amend By-law 3036, as amended by By-laws 2641/88, 3254/89 and 4602/95 to permit additional special purpose commercial uses, and a consolidation of uses on the subject lands, being Part of lot 24, Concession 1, City of Pickering; AND WHEREAS the Council of The Corporation of The City of Pickering deems it desirable to permit a variety of commercial uses on the subject lands, being Part of lot 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 - (\ (, ': t .... \~~ WAFT 2. AREA RESTRICTED The provisions of this By-law shall only apply to those lands on Part of 24, Concession 1, City of Pickering, designated "MU-22" on Schedule I attached hereto. 3. DEFINITIONS In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (3) "Body Rub Parlour" includes any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (4) "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; (5) "Business Office~ shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (6) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighlbourhood; - 3 - DRAFT ',r, '" l. ;... ,,1 (7) "Commercial Recreation Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, bingo facilities, gymnastics facilities, roller skating rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided, and which may include an athletic or recreational club; (8) "Dav Nursery" shall mean lands and premises duly licensed pursuant to the provisions of The Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (9) "Dry Cleaninq Dl3POt" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (10) "Duplicatinq ShOlL shall mean a part of a building where such items as letters, plans, pictures and documents are reproduced by Photostatting, blueprinting or other similar methods; (11) "Dwellinq" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (12) "Dwellinq Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (13) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (14) "Floor Area - Hesidential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (15) "Food Store" shall mean a building or part of a building in which food, produce, and other items or merchandise of day-to-day household necessity are stored, offered or kept for retail sale to the public; (16) "Furniture or Maior Appliance Store" shall mean an establishment in which furniture, major appliances or a combination thereof are stored, offered and kept for wholesale or retail sale; (17) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (18) (19) (20) (21 ) (22) (23) (24) (25) (26) - 4 - nD A J:'~r' lJn/-lrl "" ('\ ..... l''':;v "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; "Home Improvement Centre" shall mean a building or part of a building used for the display and wholesale and retail sale of building materials, hardware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wallpaper, draperies, garden supplies, lumber and swimming pool supplies; "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; "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; "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; "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; "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; "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, RS.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "Place of Amusement/Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include a games arcade or an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, c.M.45, as amended from time to time, or any successor thereto; - 5 - ,DRAFT '\ " l:01. (27) "Private Garaqe'~ shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (28) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and whic:h may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in the Municipal Act, R. S. O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (29) "Restaurant - Tvpe A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both, but shall not include an adult entertainment parlour as defined herein; (30) "Restaurant - Tvpe F" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises, and which may include a drive-through order and pick-up service; (31) "Retail Store" shall mean a building or part of a building in which goods; wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (32) "Storey" shall mean that portion of a building other than a basement, cellar or attic, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it; (33) "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-22'" Zone) (1) Uses Permitted ("MU-22" Zone) No person shall within the lands designated "MU-22" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose E!XCept the following: (a) assembly hall; (b) business office (c) commercial-recreational establishment (d) commercial club .'~ 0 '" \. oJ.... (e) (f) (g) (h) (i) U) (k) (I) (m) (n) (0) (p) (q) (r) (s) (t) (u) - 6 - commercial school day nursery discount department store drug store dry cleaning depot duplicating shop financial institution furniture & major appliance store food store outdoor storage, display and sale of retail and garden centre products personal service shops professional office place of amusement/entertainment restaurant - Type A retail store service store! residential apartments above the first floor of a building (2) Zone Requirements ("MU-22 " Zone) No person shall, within the lands designated "MU-22" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) BUILDING RESTRICTIONS: (i) Building Location and Setbacks: A Buildings and structures shall comply with the minimum setbacks illustrated on Schedule I attached hereto; B A structure or building may occupy the build-to-zone illustrated on Schedule I attached hereto; C A minimum of 45% of the length of the build-to-zone shall be occupied by a structure, or a minimum of 50% of the length of the build-to-zone shall be occupied by a building, both illustrated on Schedule I attached hereto; (ii) Building Height: A Minimum Building Height: 2 storeys or 6.5 metres B Maximum Building Height: 4 storeys or 13.0 metres C Minimum Arbour Structure Height: 4.5 metres entirely or partially located within the Build-to-Zone - 7 - Jr;tD ArT ~:;;f1/-1rA .. :'\ I) "" \. ,..h) (iii) Lot Coverage (minimum): 20 percent (b) PARKING REQUIREMENTS: (i) For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; (ii) Then:! shall be provided and maintained a minimum of 4.5 parking spaces per 100 square metres of gross leasable floor area for all permitted uses listed in Section 4(1) of this by-law; (iii) Notwithstanding Clause 4. (2) (b) (ii) above the parking provided for the gross leasable floor area in existence on each propE~rty on the day of the passing of this by-law shall be deemed to comply with of the by-law, however all new buildings or new gross leasable floor area shall comply with Clause 4 (2) (b) (ii) above; (iv) Notwithstanding Clause 4.(2) (b) (ii) above, parking for a bingo facility as a commercial recreational establishment on the lands designated "MU-22" on Schedule 1 attached hereto shall be provided and maintained on those lands at a minimum of one parking space per 9 square metres of gross leasable floor area or part thereof; (v) Notwiithstanding Clause 4.(2) (b) (ii) above, a minimum 1.2 parking spaces per unit, and 0.3 spaces per unit for visitolrs, shall be provided for any residential apartment unit. (vi) Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d) and 5.21.2e) of By-law 3036, as amended, shall not apply to lands designated "MU-:22 on Schedule I attached hereto; (vii) Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. I''. r; .~ l';'" 'j - 8 - nil" , . '" ..'4t::7 (c) OPEN STORAGE: (i) All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display. (d) 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-22" Zone identified on Schedule I attached hereto, or any road; (iii) No drive-thru facilities are permitted on the lands designated "MU-22." as illustrated on Schedule I of this by-law; (iv) Notwithstanding Clause 4.(2) (d) (iii) above one Restaurant - Type F is permitted within the "MU-22" Zone; (v) Maximum floor area for a discount department store shall be 7 ,450 square metres; (vi) Aggregate of retail stores less than 300 square metres shall not exceed 4000 square metres; (vii) Total 9ross floor area of retail stores shall not exceed 9,500 square metres. - 9 - '\ r.".... \,-' 0 J 5. 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. 6. 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 .1~' of June, 2007. David Ryan, ,. Debi A. Bentley, City Clerk ~ ~ ~ t; ~ ~ CON 1 S PT LOT 25 40R-1860 PART 1 PT PART 2..3 rx () '\ ~~ 0\G0 l' N SCHEDULE I TO BY-LAW PASSED THIS DAY OF MAYOR - DAVID RYAN CITY CL.ERK - DEBI A. BENTLEY ~ --- . - - - ~~ c.,'" <v<:;) <v~ c,v ~ ~ c1 t; J? ~ 1>< () '\ ~~ 0\GY' r--., I I BUILDING ENVELOPE L__.J l' N SCHEDULE ]I TO BY-LAW PASSED THIS DAY OF. MAYOR - DAVID RYAN ~ ~~ CITY CLERK - DEBI A. BENTLEY ~ ,', r,. ....... . . ,- v . "r) ~, l'0d tTTACHMENl # r;U;JRl # PD_ I TO 17-07 -J J.--.:=. -:1 CRESCENT ~ ~ I II I S~G-<"O~ ;// I \Y/ /Y ~O'r~ rI 1--:// I- \ \ \ ~?-\\~ V~ ~ I/J7Trr III t--0lI "'-\~ I \ .l.J S-<"O IU III II 1-=:::: COUR1_ VL../ /./ RAMB~EBERRY AVi" ~ ~ 1\ 1 ~~ /vY/ ./ ~ gs 'I/)~: ~ / /v /" ~ MEADOW € f--w-:~ -/ 'SV /" .-rJ t---. b< 'y ~ ~lIIID7 j ~ 3: ~ 5 CRES. ~ %1== V W is I I 11,\ zl== /' 83 u ?<J wl-- I -' ....J ....J ~ 01--' .... v [D _ L!. \ L ;s ~ ~~~ ' ~-~ ~\ G~0....y ~ ,~~ & f>=::k l/~~~S-" 1103 -;2 \t. ~ ~ ~}-" 1101A i5 ~~~ 0 i. 1097 ~ REGION F DURHAM LAKERIDGE PROPERTIES INC. o <( o ~ 1101 NEROTAL 1'099 LTD. ~ ~AO' rI'GrI""" _ ~ .... c.~.R. €,\ S',,€. 1 EMIX LTD. w x Ci ......... p..~\...'< ~ r-I : \\\\\\\\\ \\ \ 1/ U w .- til \\\\\\W~~ ~ ~ ~ ~~~~,-!\Il' ~ r:= 0 -,....~ 'Il ~ t f:= ~ WAYFARER U ----: Y- '-- ~ I-- LAN E :::::=:tt. '6..... - r-- ~ ~ :::-:; ~~r.. =- 8 f:= ~ ~" "O;m ,,7== ~ t== . .::!:..I/ \ ~ ~ ~-~ ~ Planning & Development Department Rt.t.\ / r--f\J'- h iW City of Pickering PROPERTY DESCRIPTION N/A OWNER VARIOUS FILE No. A 08/06 SCALE 1:5000 CHECKED BY GR l' DATE SEPT. 13,2006 DRAWN BY JB a~Q :loure..: Teron_.. Enterpri... Inc. and it. auppliera. All right. R.I..tved. Not 0 pion of aurve)'. 2005 MPAC ond a. ....ppli.rs. All rights Re_rv.d. Not CI pion Dr S...rvev. PN-8 CJ) Q) :e Q) 0- o "- c.. f l' '+- :~.j 0 >. ..c: 0- m "- C> o ...... o ..c: c.. I ~,~ t....... "- III g G) ::i: <c ,..,."( V"'" ""~'"T f! 3 TO , ". -/ ;-:-::- -} lOO&/3^1l OVOCl .- o <l' ~ ~ o :r. c z w CJ W ..J 00 W<( ...JO ~a:: <(0 W- >...J -al a:::J 00. "1M , ' , ' I ' , ' , I ....."'" ,,-------_...-, ',.' , ..... \ , ,-__, ___...-- 1.\ , , I I , , I I I I , \ I I I , I 1\ \ , I I , \ , I , I I I I I II I I II I I I . .~ I I I I . . A3l0j (f) (f) o Ct: -l ::J u OVOCl S;)NllMVCI W[J'f-- Ct: .. z o . ',.. 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",;..ti S~'~' ,.~' rT H If TO 17 1>7 " 4.,r i I \_'- INFORMATION COMPILED FROM TOWN CENTRE WEST DEVELOPMENT GUIDELINES A 08/06 - EMIX LTD. , NEROTAL ~NC., LAKERIDGE HEALTH, REGION OF DURHAM 3 BLOCK NUMDER D ROAD OESICNA liON ~[ClAllY TREATED ROADWAY LEGEND '~'.'~' '01 ROADWAY ~ RIGHT-OF.WAY WIDTH see Council Modification (iv) -'-- ," - '-::-:. / / :-:-- ./-:::'~:-::- .. ---- :;;':>.. - ~ ::~..:t~::::-~ ----.... --~ -:~ :::::::::-.. -- ~::-.-::::--'.~ .-...-..-."'---- / .. ~~_ _/:::ii0~;~~/ --=::::::: :--./ -- ---.. :--........ STREET A REQUEST THAT THIS PORTION OF STREET A BE REMOVED FROM THE TOWN CENTRE WEST DEVELOPMENT GUIDELINES ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, MAY 17, 2007. 'ATTACHMENT' . .,y. TO ~EPORT I PO 17-01"'} STAFF VISION FOR TOWN CENTRE WEST i'iO~ RO~O ~~G5 """-c ~ """-c ~ ""-c -- __-=-_."...- _F"---~ ----- -- ......-----... (~'R \ o~ \ ~~j n~ \\. =--___1 .i ~ 'C;. ~"""'''' "" ~ --- 0 ~ f15 oS :::; /~ I ~ / ( \ \ \ \ p~ \ \ "'- ~, ------' --- ,", 4. f"' t, (" THIS MAP WAS PRODUCED BY THE CITY OF PICKERING, PLANNING & OEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, MAY 18, 2007. .. b ',1,", ;7__ ~ ~:J'.J ,.I J ,; b"'lJ_~"..i7='!:[1..". "4 .'" l: 0 CifJI (]~ INFORMATION REPORT NO. 11-06 FOR PUBLIC INFORMATION MEETING OF October 19, 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 08/06 Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham Part of Lot 24, Concession 1 (40R-16455, Parts 1 & 5, 40R-12678, Parts 1 & 2, 40R-12678, Parts 6 to 9, & 40R-12678, Part of Part 4 and Part 5 & 40R-22390, Part 1) (1097,1099,110'1, 1101A, & 1103 Kingston Road) City of Pickering 1.0 PROPERTY LOCATIO'" AND DESCRIPTION - the five properties subject to this application total an approximate land area of 4.0 hectares in size; - the subject properties are located at the southeast corner of Kingston Road and Dixie Road (see Attachment #1 - Location Map); residential uses are located to the north, across Kingston Road, Brookdale Centre Inc. lands are located to the east (proposed Home Depot), mixed industrial-commercial uses are located to the west, across Dixie Road, and Highway 401 and residential uses are located to the south; - the properties affectEld by this application are currently occupied by: . Tucker's Marketplace Restaurant (1097 Kingston Road - Emix Ltd.); . Two-Storey - Office/Retail Building (1099 Kingston Road - Emix Ltd.); . Three-Storey -- Office/Retail Building (1101 Kingston Road - Nerotal Ltd.); . Vacant Land - (11 01A Kingston Road - Lakeridge Properties Inc.); . Vacant Land -, (1103 Kingston Road - Regional Municipality of Durham); (see AttachmEmt #2 - Air Photo of Property Layout); - all of the properties subject to this zoning amendment application currently have special-commercial zoning which allows for a mix of retail-commercial, office, and restaurant uses, and are subject to floor area limitations and restrictions. .i b '(I', f~;:;;:.,:.;;.:.;..'-,:,;;::~:~~''Ji jHr i 'fD"",.j.Z:.f21=,.,,..,~... Page 2 Infor~4q~ Report No. 11-06 2.0 AMENDMENT PROPOSAL the applicant proposes to amend the existing zoning by-laws pertaining to the subject properties to permit additional commercial uses, revise the uses currently permitted, and remove the existing gross leasable floor area limitations and restrictions; requested uses to be added through zoning by-law amendment Application A 08/06 are: . assembly hall; . commercial club; . commercial school; . day nursery; . discount department store; . drug store; . dry cleaning depot; . garden centre associated with a home improvement centre; . general merchandise store; . grocery store; . outdoor stora!~e, display and sale of retail and garden centre products; . personal service shops; . restaurant - Type A; . retail store; . service store; . video store; this application is also requesting that uses currently permitted (refer to Table A in Section 3.4) be revised to allow for a broader range of uses, which will allow for better marketing/leasing flexibility, and that floor area restrictions and limitations on commercial uses and business/professional office uses be removed to aid in diversifying the properties from a land use perspective. 3.0 OFFICIAL PLAN AND ;ZONING 3.1 Durham Regional Offic:ial Plan - the Durham Regional Official Plan identifies the subject lands as being designated "Special Policy Area - A (Pickering)"; this designations goal is to maximize the areas highway exposure as a main street and gateway to the Region and to intensify development in a manner that will not adversely affect similar development within the Main Central Areas of the City of Pickering; - the subject application will be assessed against the policies and provisions of the Durham Region Official Plan during the further processing of the application; ,f b I7:J~7 Page 3 ., 4- ~....,i J Information Report No. 11-06 3.2 Pickering Official Plan the Pickering Official Plan designates the subject lands as "Mixed Use Areas - Mixed Corridors Areas"; permissible uses within "Mixed Use Areas - Mixed Corridors Areas" include, amongst others, a variety of uses including residential, retailing of goods and services, offices and restaurants; "Mixed Use Areas -, Mixed Corridors Areas" are intended to have the widest variety of uses and the 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 Use Areas - Mixed Corridor Areas"; - the density requirement is over 30 and up to and including 140 dwelling units per net hectare and the maximum FSI of 2.5; - the proposed application has an overall FSI of 0.5, based on the developed lands within this application; - the FSI could fluctuate depending on future development of the lands owned by the Lakeridge Properties Inc. and the Regional Municipality of Durham; - 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; the subject lands are within a Detailed Review Area and the City has adopted the Town Centre V\fest Development Guidelines which envelop the subject lands (see Section 3..3); Schedule II of the Piickering Official Plan - "Transportation System" designates Highway 401 as a "Freeway", Kingston Road where it abuts two of the five properties as a "Type B Arterial Road" and a "Transit Spine", and Dixie Road south of Kingston Road as a "Local Road"; Type B Arterial Roads are designed to carry moderate volumes of traffic at moderate to high speeds and have some access restrictions; - A Transit Spine is where a higher level of transit service is to be encouraged; Local Roads generally provide access to individual properties and carries local traffic; Schedule III of the Piickering Official Plan - "Resource Management" designates a portion of 1101 Kingston Road as being "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 application; 3.3 Town Centre West Development Guidelines - the Town Centre VVest Development Guidelines were adopted by City of Pickering Councilor! February 20, 1995; - the Development Guidelines identify matters such as the land use mix and arrangement, the scale and intensity of use, the transportation/internal roads network, engineerin~~ matters and community design requirements; the Development Guidelines also addresses building setbacks and build-to-lines, building heights, vehicular circulation, access, and parking; Information Report No. 11-06 6 ___, 17-Q1 Page 4 ~'i 4tGe Development Guidelines establish 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 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 (see Attachment #3 - Development Guidelines Land Use Plan); the applicant's proposal may require a modification to the Town Centre West Development Guidelines as the applicant has requested that the road pattern be revised to remove the east/west public street identified as "Road A" (see Attachment #4 - Development Guidelines Proposed Road Network); 3.4 ZoninQ By-law 3036 the subject propertilss are currently zoned "SC-18", "SC-19", "SC-33", and "SC-34" - Special Commercial Zone by By-law 3036, as amended by By-law 2641/88 and By-law 4621/95; the table below outlines the uses which are currently permitted on the subject properties: Table A - Current Permitted Uses on Subiect Properties 1097 Kingston Road (SC-18) 1099 Kingston Road (SC-33) ..J Business Office Commercial-Recreationall Establishment Duplicating Shop ..J ..J ..J ..J Financial Institution Furniture & Major Appliance Store Home Improvement Centre Light Manufacturing & Equipment Supplier ..J Professional Office ..J Place of Am usementlE ntertai n mellt ..J Restaurant - Type B ..J ..J ..J Restaurant - Type F 1101 Kingston Road (SC-34) ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J 1101A 1103 Kingston Kingston Road Road (SC-19) (SC-19) ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J Information Report No. 11-06 6 17-e7 Page 5 _ the applicant proposes to amend the existing zoning by-law on the subject properties to permit additional commercial uses, broaden the uses currently permitted to increase marketing/leasing flexibility, and remove the existing gross leasable floor area limitations and restrictions in order that all properties have the same permitted uses, development provisions, restrictions, and limitations; C47 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no resident comments have been received to date; 4.2 Agency Comments no agency comments have been received to date; 4.3 Staff Comments The following list identifies matters and issues to date, which require further review and examination by staff: . review of the proposed uses to be introduced to the subject properties to determine their appropriateness; . review of the existing uses on the subject properties to examine their purpose and function; . review of the current floor areas of existing development and future development and determine if floor area restrictions and/or limitations should be applied to certain uses; . submission of a Retail Market Study in order to review and assess the impacts of this :z:oning amendment on the existing retail areas and to ensure that proposed retail uses would not negatively impact Pickering's downtown core; . review of the current parking requirements of the zoning by-law and determine if the established requirements are appropriate or if they should be updated to provide a coherent parking standard over all of the properties subject to this application; . ensure the application can achieve a high level of sustainable components; . provide specific zoning provisions in the amending zoning by-law which will foster and maintain the principles of the Town Centre West Development Guidelines; . review of the impacts of the Toronto and Region Conservation Authority (TRCA) flood mapping of Pine Creek on the development potential of the subject lands and the achievement of the broader development vision for the Town Centre West area; Information Report No. 11-06 : H.6 . i7-(5'r" Page 6 (~4;; review the application against the Council adopted Town Centre West Development Guidelines to ensure that development respects the fundamental elements and principles of the Town Centre West Development Guidelines, specifically with respect to road patterns as the internal road neltwork is an integral component of development in this neighbourhood; This Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the 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 Pllanning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 6.2 Information Received copies of a Plannin~l Analysis Report prepared by The Biglieri Group Ltd. is available for viewing at the offices of the City of Pickering, Planning & Development Department; 6 0-07 Page 7 Information Report No. 11-06 6.3 Property Principal The owners/applicants of the properties subject to this application are Emix Ltd., Nerotal. Ltd., Lakeridge Properties Inc., and the Regional Municipality of Durham, and the agent for this application is Tom Rees from the The Biglieri Group Ltd. ',' 4.... l' ;.1 ORIGINAL SIGNED BY ORIGINAL SIGNED BY Geoff Romanowski Planner II Lynda Taylor, MCIP, RPP Manager, Development Review GXR:jf Attachments Copy: Director, Planning & Development ,"., r: \.. ...J \J G I 7-0 7 APPENDIX NO. I TO INFORMATION REPORT NO. 11-06 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) none received to date; COMMENTING CITY DEPARTMENTS (1) none received to date. 7 17-07 ----.-T---...-.-.w.-.-~.-..-.--.--..-..-..-...... ....--..-.- Item I Details & Discussion & Conclusion Ref # . (summary of discussion) "r.::'" l J 1. i -' --ZoningBy-lawAmemdrrlent Application A 0.8/0.6 Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Munic;ipality of Durham Part of Lot 24, Concession 1 (40R-16455, Parts 1 & 5:1 40R-12678, Parts 1 & 2, 40R-12678, Parts 6 to 9, & 40R-12618, Part of Part 4 and Part 5 & 40R-22390, Part 1) -J g~~::~t;k:r~~i ~01A.~1~O~ingston Road) I I I 1. Planner Comments i II Geoff Romanowski, Planner II provided an overview of the property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined \ in the Information Report # 11-06. I 2. Applicant Comments Thomas Rees of The Biglieri Group, the agent for the application overviewed the application and noted the property owners wish to obtain a greater commercial and office use rights for the properties without the existing floor space restrictions. Thomas Reese noted that the property owners want to maintain their existing use rights for the properties as well as obtain new use rights. The property owners have requested that the existing east-west road in the Town Centre West Development Guidelines be removed. I 3. Comments from Members of the Public I I I I L...".._..... I No comments from memlJers of the public. I +- --------- .L-__. ._u__ The meeting adjourned at 7:42 pm. Page 2 CORP0228-2/02 9 1,-01 .,..r.....'.>>...C.... TORONTO AND REG/ONt';Y- ~~i;' onserva .Ion c~~r The Living City f- f:\. Cl" h~'\H\nr\~c? r. rj.~',,:~:L();:-:!\liF.i'. DF:\~"': fJ"P.fh!ll~}.J' 'Jctcoer 24, 2006 CFN 37747.08 XREF CFN 37736.05 t-)tt~m_N~tdL (fax 9054207(48) Geoff Romanowski Development Review City of Pickering Pickering Civic Cornpiex ;::)rle Tne Esplanade Flickering, ON L 1 V 6K7 ';ear ~v'!r. Romanowski ZOlilf19 dy-Iaw AiT1undnHHlt No. A 08/06 1079,1099,1101, 1101Aand 1103 Kingston Road City of Pickering Emix Limited, Nerotal Limited, Lakeridge Properties Inc. and Region of Durham Thank you for H18 opportunity to review the above referenced Zoning By-law Amendment application. f~urH,er iO our letter of October 24,2006 in respect to 1105 Kingston Road, we offer the following CeJlj'r i l-tt;:rl IS. Flood P,ain Issues ,',s notea In our letter in respect to 1105 Kingston Road, all properties located west of 1105 Kingston i~~03(i, south of Kingston Road, east of Dixie Road and north of Hwy 401 have been identified through .,.....,v-l f1~r-j:'h;r n';:,rr;;"c; 2,10 being outside of the regional storm floodplain As such, the TRCA's ..,temst in the properties is limited to their inclusion within a comprehensive water management strategy relatve to the Pickering Centre West area. APf.JiicaiJle Regulations r flU subject properties are not located within the TRCA's Regulated Area and, as such, an Ontario ':~eglJ!ation 166/06 permit is not required. i"eClJIi Ill'leflOa lions "I ii9f1! or Ule CiO()Ve, TF~CA staff Il<3Ve no objection to the approval of the Zoning By-law Amendment for ~ 079 to 1103 Kingston Road. We continue to recommend that a comprehensive water management strategy tor the Pickenng Centre West area be completed. We would appreciate the opportunity to review Jr;j development proposals on these sites in the context of the water management strategy, either through Site r)ian circulation or direct circulation from the Region of Durham. \:VA trust tnese cormnents are of assistance Please feel free to contact me if you have any questions. ~'r':C(-;rei~/. ,", -".,r', , .c,' '~ID 'PP -,.R'TD1' _..~..." ..,., I ..........v' ........, '..,,,-,, r I . 1. j.,/I 1 fJianager, Develo::.HT....:!nt Planning and Regulation l'i3'1',ing ane Dcveicprnent ~=\'t(:)r'cir~n ~r;-1 "l .,G. Antnony Blgiien, The Biglien Group (fax 416.693.9133) r~ay Davies, Region of Durham (fax 905.666,6208) RODert Starr City of Pickering (fax 905.420.7(48) C;'''C);"Jl::::\P:J8U:,LJEVELOP!v1EW SERVICr:::D: ;:"f-iM/ f:~E(;i()N\PI'KERrNG'1 07' . 1103 KINGSTON_1.DOC 5 Shol,;ham Drive, DO\\llsvipvv. Ontario M;N 154 (4H 661.(,60( HX 661-689B wwvdrca,on.ca @ The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4TH FLOOR P.O. BOX 623 WHITBY, ON L 1 N 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 "Service Excellence for Oil! Communities" 9 1}"07 November 2, 2006 "5 ''''I t.' .) Ross Pym, Principal Planner Pickering Civic Complex One The Esplanade Pickering, Ontario L 1V 6K7 ~sent via email to: rpvm@citv. pickerino. on. ca --------- Mr. Romanowski: Re: Zonin~, Amendment Application A 08/06 Applicants: Emix Ltd., Nerotal Ltd., Lakeridge Properties Inc. Location: 1097, 1099, 1101, 11 01A,. and 1103 Kingston Road Southeast corner of Kingston Rd. and Dixie Rd. Lot 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 properties to permit additional commercial uses, revise the uses currently permitted and remove the existing gross leasable floor area limitations and restrictions. Reaional Official Plan The lands subject to this application are currently designated Special Policy Area 'A' in the Durham Regional Official Plan. The policy of the plan is to maximize the areas highway exposure as a mainstreet and gateway to the Region. Development should be intensified in a manner that does not adversely affect similar development within the Main Central Area. Council adopt,ed Amendment 114 to the Durham Regional Official Plan redesignates the subject property as a "Regional Corridor". "Regional Corridors" are to be planned as mixed-use areas, which include commercial and service areas with higher densities, supporting higher order transit services and featuring a high degree of pedestrian oriented design, as detailed in area municipal plans. Kingston Road (Regional Road 2) is designated as a "Type B" arterial road and is further designated as a "Transit Spine" by Amendment 114. "Type B" arterial roads are typically comprised of a 36 metre right-of-way. "Transit spines" should compliment higher density and mixed uses. Transportation and access requirements will be provided through subsequent site plan applications. The proposal may be permitted by the Regional Official Plan and by Council adopted Amendment 114. Provincial Policies & Deleqated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. As the subject properties are in the vicinity of Kingston Road (Regional Highway 2) and Highway 401, a noise study is required if sensitive land uses are permitted. .. ~' l. v'-:t q f7-o1 Page 2 Reaional Services Municipal watl;;r supply and sanitary sewer services are available to the subject property. Servicing requirements will be provided through subsequent site plan applications. If you have any questions or require further information, please do not hesitate to contact me. Qrn~fwV1 Dwayne Campbell, Planner Current Planning Cc (via email): Regional Works Department - Peter Castellan CUlf c~ REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PD 18-07 Date June 4, 2007 :~ r: ",- \.. ;) d 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 and 1163 Kingston Road City of Pickering Recommendation: 1. That Report PD 18-07 of the Director, Planning & Development, regarding Brookdale Centre Inc. Zoning By-law Amendment Application A 3/06 be received; 2. That Zoning By-law Amendment Application A 3/06 submitted by Brookdale Centre Inc., on lands being Part of Lot 23 and 24, Concession 1 (1105 and 1163 Kingston Road), City of Pickering, to amend the zoning to permit a broader list of permitted commercial uses including a variety of retail, personal service shops, office and restaurant uses on the subject properties be approved subject to the conditions outlined in Appendix" to Report PD 18-07; 3. That the zoning by-law to implement Zoning By-law Amendment Application A 3/06, as set out in Appendix I to Report PD 18-07, be forwarded to City Council for enactment, and 4. Further, that Pickering Council direct City staff to report, through the recently initiated Official Plan Review, on the policy changes required to reflect the changes to the Town Centre West Development Guidelines including changes as shown on Attachment #~I to Report PD 18-07. Executive Summary: This report pertains to the second phase of Zoning By-law Amendment Application A 3/0E>. The applicant proposes to redevelop the 7.5 hectare property for a commercial project that includes a home improvement centre and a variety of retail, personal service shop, office and restaurant uses. Council approved the home improvement use, (Home Depot) as Phase 1 of its application consideration on October 10, 2006. Consideration by Council of Phase 2 of the application was to await conclusion on certain technical issues such as flood plain mapping and municipal road location. Report PO 18-07 Date: June 4, 2007 Subject: Brookdale Centre Inc. (A 3/06) " ~' L'J\I This second phase of the rezoning application deals with the broader list of requested commercial uses including a variety of retail; personal service shops; office and restaurant uses, and the location public roads within the area. Page 2 Both single and multiple tenant buildings are proposed for the site with Home Depot the dominant tenant. The lands currently support a commercial plaza located opposite Walnut Lane on the south side of Kingston Road (Walnut Grove Plaza) and lands previously occupied by TNT Transport and Schindler Elevator. This second phase of the application can now proceed as the issue related to flooding and stormwater on the site has been resolved to the satisfaction of the Toronto Region Conservation Authority. The requested uses are appropriate for the site as they will accommodate and encourage intensification of the property. Further, City polices and guidelines support the expanded retail use on the subject lands. The recommended uses are compatible, appropriate and conform to the Pickering Official Plan. The performance standards of the amending zoning by-law require the siting of buildings at the street frontage which will result in an urban design that promotes a pedestrian friendly environment and an intl3nsified and mixed land use. It is also recommended through consideration of this application that Council authorize revisions to the Town Centre West Development Guidelines (TCWDG). Matters for consideration include the elimination of municipal roads and establishment of required traffic aisles; urban design requirements including building placement; minimum three storey massing and minimum two functional floors; land uses and access points. These revisions will be based on Council's decision respecting this application (and rezoning application A 8/06 pertaining to lands situated to the west of the property subject of this application). The review of the TCWDG is recommended as part of the recently initiated Official Plan Review. It is recommended that this application be approved, and the draft by-law be forwarded to City Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the approval of zoning for the commercial plaza. The public road within the development may be partially funded as devE310pment charge projects, two of which were approved in the 2007 Capital Budget (07-2:121-001-05 Roads $211,200 and 07-2321-001-07 Roads $120,000). Sustainability Implications: This development proposal is an infill project that provides for commercial intensification, makes efficient use of vacant lands, and takes advantage of existing infrastructure within the City's urban area. The site is located on a designated transit spine. The proposal generally represents a sustainable approach for the development of the subject lands. Report PD 18-07 Date: June 4, 2007 Subject: Brookdale Centre Inc. (A 3/06) Page 3 C5( 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, being Home Depot, (including a seasonal outdoor garden centre), that has already been approved by City Council. Other buildings proposed include a larger retail format building located in the southern portion of the site, buildings that will flank the Kingston Road frontage and contain limited second storey office space, and two small single-tenant retail buildings centrally located on the site (see Attachment #2). The first phase of this rezoning (for the Home Depot only) was the subject of Report PD 48-06 (see Attachment #6) that Council considered and approved on October 10, 2006. The uses requested through this phase of the application 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; personal service shop; restaurants; retail store; service store and video store. 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. 2.0 Comments Received Since the original report on the application no new comments have been received related to land use issues. Therefore, the background on comments, both from the public and from agencies is contained in Attachment #6 being the text of report PO 48-06 and the minutes of the public meeting and is not repeated in this report. 3.0 Discussion 3.1 Review of the Impac:t on the Achievement of the Town Centre West Development Guidelines due to the TRCA Flood Mapping has been Investigated and Com:luded that the Intent of the Development Vision for the area may be achieved TRCA had initially advised that recent flood modeling of Pine Creek had identified significant concern with development in the Town Centre West Neighbourhood (see Attachment #4). Report PD 18-07 Date: June 4, 2007 Subject: Brookdale Centre Inc. (A 3/06) Page 4 ,,, r.::: ~'-'" -- \..':J'J The impact of the flood line mapping required further investigation and this work was undertaken with the assistance of Brookdale Centre Inc. consultants. The result of this work was a reduction in the floodline contour and removal of the subject property and some surrounding lands from the floodplain. This resulted in staff's ability to better assess the technical possibility of a future road connection from the subject property across Pine Creek to Liverpool Road and the appropriate land uses for the area. 3.2 Revisions to the Town Centre West Development Guidelines are Required The subject lands are within the TCWDG area. The TCWDG were adopted by City Council in 1995 and establish a vision for the development of the area that would include a mix of land uses, an internal road network pattern, connections to the existing Town Centre Neighbourhood and adjacent neighbourhoods, and a pedestrian and open space network. Since the adoption of the TCWDG there has been little development interest in the area. The approval of a Home Depot and the request for a variety of commercial uses has altered the original intent of the TCWDG. While the Home Depot element of the applicant's plan has been approved, the design of the rest of the subject lands should maintain the spirit and intent of the TCWDG. Therefore, the remainder of the site should be developed in a more urban fashion with mixed use buildin!~s and increased attention to urban design in terms of building placement and function. Staff's revised concept for the Town Centre West area is shown in Attachment #3 that reflects this 'main street image' where buildings front onto the new municipal street thereby creating an enhanced urban profile. The TCWDG should be reviewed and revised to incorporate Council's decisions on this application (and rezoning application A8/06 for the abutting lands to the west that is subject to R.eport PD 17-07). It is recommended that revisions to the TCWDG be considered through the Official Plan Review that has been initiated by Council. It is staff's recommendation that development in this area should respect the fundamental elements and principles of the TCWDG. While it is recognized that general layout will be rE~vised to address current development realities, the core principles of the Guidelines should continue to be incorporated in the revised Guidelines. A Home Depot can be accommodated within the development concept generated by staff. However, other elements of the applicant's proposal will require revision, including building placement and massing (see Attachment #3). Report PO 18-07 Date: June 4, 2007 Subject: Brookdale Centre Inc. (A 3/06) Page 5 3.3 Public Road and Private Traffic Aisles should Function Seamlessly The internal road network envisioned for the Town Centre West Neighbourhood is an integral component of the development 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 including the placement of buildings and the creation of a pedestrian friendly environment. Through the review of this application and the rezoning on the property to the west (Nerotal, Emix et al) staff have concluded that there is need for only one new municipal road. This new municipal road is as proposed on the applicant's plan, extending south from Kingston Road at the existing signalized Walnut Lane intersection and runnin~l in a southeast direction. It is anticipated that this new municipal road will eventually cross Pine Creek and connect to Liverpool Road (see Attachment #5). The remainder of the internal road network of the Town Centre West area can be accommodated on private traffic aisles. The new municipal road and the private traffic aisles will establish the blocks in the Town Centre West area that will provide a focus for building design and orientation, and pedestrian activity. This blocking is an essential design requirement and establishes proper building sites and view corridors for the future development of the area. One municipal road is considered the most sustainable approach as public roads are more land consumptive than private roads, and fewer public roads will be more financially sustainable for the City in terms of long term maintenance. Through this application the City should ensure the provision of this future municipal road in order to accommodate evolution of the area. It is recommended that the City require the construction of this road, within the limits of the subject property, to full municipal standards as a condition of approval of this application. Details respecting the securement of funds for these road works and the timing of conveyance of the road to the City will be contained in an appropriate agreement. This new public road forms the backbone of future development of the Town Centre West area as graphically shown on the concept plan for the Town Centre West area (see Attachment #3). 3.4 Building Location mu:st be brought forward to the Street to create a Main Street Design The requested uses will provide a wide variety of commercial opportunities, including retail, office and personal service uses to create a diversified area that fosters a "main street'" function. To support the intent of the TCWDG the buildings should have a strong relationship to the street both in location and massing and be sited to frame the street. " r:-' l' ~ .:1 Report PD 18-07 Date: June 4, 2007 Subject: Brookdale Centre Inc. (A 3/06) Page 6 ", [. .- '- 0 Yr, order to achieve a main street design, buildings should be brought forward to the street with minimum set back from the front lot line. The buildings should have a human scale, provide a minimum three-storey fac;ade and contain a minimum of two functional floors. This form of building-street relationship will result in a more sustainable design as it will be pedestrian friendly, more animated due to sidewalk activity, and safer pedestrian movements as the pedestrian corridors will be well defined and will not conflict or cross large parking lots. The requirement for buildings to have a minimum of two functional floors will add to the building floor area and increase the employment opportunity of the area. The public street should attempt to create a main street atmosphere that is tree lined, has visible pedestrian activities and provides a separation of pedestrian area from parking areas. This will then provide an interconnection of the street/aisle for pedestrian movement to ensure short walking time from transit stops to all buildings. In order to achieve the vision for the area, surface parking should be located to the rear or side of buildings, fac;ades facing a public street or public area should incorporate glazing at grade, and blank fac;ades that face a public street or public area should be prohibited. It is recommended that all buildings on the site, with the exception of the Home Depot building, have a maximum front yard depth of 3.0 metres to ensure buildings are brought up close to the municipal street; a minimum height of 9 metres and a minimum of two functional floors for a minimum of 70 percent of the building footprint. These performance standards support the vision for a sustainable Town Centre West area. The applicant's plan does not comply with the staff recommended performance standards. The applicant's plan proposes a traditional large format retail design that has a single storey building located at the rear of the site with the parking located in front of the building. Further, buildings along Kingston Road and the new entry road provide only very limited functional second floor space. 3.5 Enhanced Building Design & Sustainable Elements Required The massing, building location and design of the buildings must contribute positively to the existinu and future land use context. An attractive building that incorporates significant sustainable elements must be achieved to make a positive contribution to the surrounding area. It is encouraged that all buildings and site design incorporate green building and LEED technologies and reflect significant sustainable elements. Report PO 18-07 Date: June 4, 2007 Subject: Brookdale Centre Inc. (A 3/06) Page 7 4.0 Technical Matters CGi 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 include, but are not limited to, stormwater management, site access, parking and loading areas, ensure the site can accommodate recycling/3-stream refuse and sustainable building design. The agreement should also secure the construction and conveyance of a new public road through the site from the eastern limit of the property to the Kingston Road frontage at Walnut Lane (see Attachment #2 - applicant's plan). 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 II to this Report. 4.2 The Proposed Zoning By-law to include a "(H)" Holding Provision to address required agreements The by-law attached to this report (see Appendix I) implements the recommendations of this report to permit a variety of commercial, office and personal services uses and restaurants. The amending by-law incorporates the previous approved home improvement centre (Home Depot) and the associated performance standards, For new development other than the Home Depot, performance standards are being recommended that will create the main street vision for the area. The amending zoning by-law incorporates the previously approved "(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 II to this report which will address the construction and conveyance of the public internal road, and matters related to sustainable design (site and building designed to be LEED certified for Home Depot). This area is intended to complement the Pickering Downtown Core, and in keeping with the function and the submitted market study, a maximum floor area devoted to retail use has been established in the zoning by-law. 5.0 Applicant's Comments The applicant has been advised of the recommendations of this report. The applicant is not in agreement with the recommended performance standards and requests that the requirement to bring buildings up to the street and for buildings to have a minimum three storey height and two functional floors, be eliminated from the by-law. Report PD 18-07 Date: June 4, 2007 Subject: Brookdale Centre Inc. (A 3/06) Page 8 " r.- " \.."0.:... APPENDICES: APPENDIX I: APPENDIX II: Draft Zoning By-law Amendment Recommended Conditions of Approval for A 3/06 Attachments: 1. Location Map 2. Applicant's Conceptual Site Plan 3. Staff Vision for Town Centre West Area 4. Town Centre West Development Guidelines 5. Staff Vision for Town Centre West Development Guidelines (public road) 6. Report PO 48-06 Prepared By: Approved I Endorsed By: ~~ Ross Pym, MCIP, ~ Principal Planner - Development Review Neil Carroll, P Director, Planning & Development RP:jf Attachments Copy: Chief Administrative Offiicer ,., APPENDIX I TO REPORT PD 18-07 RECOMMENDED CONDITIONS OF APPROVAL FOR APPLICATION TO AMEND ZONING BY-LAW A 3106 .."...... \. O.j " f' iJ \.. OLt 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, financially and otherwise. 2. That the owner enter into a site plan agreement with the City to reflect the comments of the report of the Director, Planning & Development Report PO 18-07. 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 road extending southerly from Walnut Lane to the east property line; (b) the securing of funds for the construction of the internal road; (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. APPENDIX II TO REPORT PO 18-07 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 3/06 " G ":~ L . ~) " " .~ \.: 0.) THE CORPORATION OF THE CITY OHH~~7 BY-LAW NO. V/'fRrJ Being a By-law to amend Zoning By-law 3036, as amended by By-law 6710/06, 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 passed By-law 6710/06, amending By-law 3036, to permit home improvement centre on the subject lands, being Part of Lot 23 and 24, Concession 1, in The City of Pickering; AND WHEREAS the Council of The Corporation of The City of Pickering deems it desirable to permit a variety of commercial uses 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 by By-law 6710/06, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOL.LOWS: 1. SCHEDULES I and" 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) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; - 2 - DRAFT (2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; ,I' 6~ c , (3) "Bodv Rub Parlour" includes any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (4) "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; (5) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (6) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; (7) "Commercial Recreation Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, bingo facilities, gymnastics facilities, roller skating rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided, and which may include an athletic or recreational club; (8) "Dav Nursery" shall mean lands and premises duly licensed pursuant to the provisions of The Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (9) "Dry CleaninQ DElPot" shall mean a building or part of a building used for the purpose of rElceiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; - 3 - ,DRAFT C63 (10) "Duplicatinq Shop" shall mean a part of a building where such items as letters, plans, pictures and documents are reproduced by Photostatting, blueprinting or other similar methods; (11) "Dwellinq" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (12) "Dwellinq Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (13) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (14) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (15) "Food Store" shall mean a building or part of a building in which food, produce, and other items or merchandise of day-to-day household necessity are stored, offered or kept for retail sale to the public; (16) "Furniture or Maior Appliance Store" shall mean an establishment in which furniture, major appliances or a combination thereof are stored, offered and kept for wholesale or retail sale; (17) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (18) "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; (19) "Home Improvement Centre" shall mean a building or part of a building used for the display and wholesale and retail sale of building materials, hardware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wallpaper, draperies, garden supplies, lumber and swimming pool supplies; (20) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (21 ) (22) (23) (24) (25) (26) (27) (28) -4- DRAFT :' C" \. OJ "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; "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; "Lot CoveraQe" shall mean the percentage of lot area covered by all buildings on the lot; "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; "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "Place of Amusement/Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include a games arcade or an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, c.M.45, as amended from time to time, or any successor thereto; "Private GaraQe" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; - 5 - ,DRAFT "'. ~..i' .,,_, \. i J (29) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both, but shall not include an adult entertainment parlour as defined herein; (30) "Restaurant - Type F" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises, and which may include a drive-through order and pick-up service; (31) "Retail Store" shall mean a building or part of a building in which goods; wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (32) "Storey" shall mean that portion of a building other than a basement, cellar or attic, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it; (33) "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) assembly hall; (b) business office (c) commercial-recreational establishment (d) commercial club (e) commercial school (f) day nursery (g) discount department store (h) drug store (i) dry cleaning depot U) duplicating shop (k) financial institution (I) furniture & major appliance store (m) garden centre accessory to a home improvement centre (n) home improvement centre - 6 - '. 7 ,," L' 1 (0) outdoor storage, display and sale of retail and garden centre products (p) personal service shops (q) professional office (r) place of amusement/entertainment (s) restaurant - Type A (t) retail store (u) service store (v) residential apartments, above the first floor of the building (2) Zone Requirements ("MU-21 " Zone) (a) Front Yard Depth (Maximum): (b) Flanking Side yard width (Maximum): (c) Building Location and Setbacks: (d) Building Height (maximum): Building Height (minimum): (e) Functional floor per building (minimum): (f) Second Floor Coverage of First Floor (g) Parking Requirements: 3.0 metres 5.0 metres Buildings and structures shall be located entirely within the building envelope shown on Schedule II attached hereto 20.0 metres 9.0 metres 2 70 percent (i) There shall be provided and maintained a minimum of 4.5 parking spaces per 100 square metres of gross leasable floor area for all permitted uses listed in Section 4(1)(a) to 4(1)(u) inclusive of this by-law; (ii) For a residential apartment unit there shall be provided 1.2 parking spaces per unit and 0.3 parking spaces per unit for visitors; - 7 - ,. ~ ,", ~'- I ,:, (h) SPECIAL REGULATIONS: DRAFT (i) Maximum floor area for a discount department store shall be 7,450 square metres; (ii) Aggregate of retail stores less than 300 square metres shall not exceed 4,000 square metres; (iii) Total gross floor area of all retail stores (excluding a home improvement centre) shall not exceed 9,500 square metres; (iv) All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (v) 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; (vi) No drive-thru facilities are permitted on the lands designated "MU-21" as illustrated on Schedule I of this by-law; (vii) Notwithstanding Subsection 4 (2) the following provisions shall apply to a home improvement centre and any accessory use: A Lot Area (minimum): B Lot Frontage (minimum): C Building Location and Setbacks: D Building Height (maximum): E Gross leasable floor area (maximum): F Parking Requirements: 2.0 hectares 10.0 metres Buildings and structures shall be located entirely within the building envelope shown on Schedule II attached hereto 15.0 metres 12,000 square metres 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 - 8 - ;{J1I4&ii ,"'~ ,.., (~ l I .) G Maximum one home improvement center shall be permitted on the lands zoned MU-21 or Schedule I attached hereto 5. 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 Mixed Use Zone "MU-6" of Zoning By-law 3036 as amended by By-law 4895/97, and only in the builds that existed on the date of the passing of this by-law. (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 andlor 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 for the provision of sanitary, water and transportation services and environmental and engineering requirements; (c) Appropriate arrangements have been made to the satisfaction of the Toronto Region Conservation Authority for the provision of environmental and engineering requirements. 6. REPEAL OF BY-LAW Upon this By-law coming into force and effect, the By-law 6710106 is hereby repealed. " f6j" \,.. I '-t - 9 - 7. 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. 8. 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 18th d~\ne, 2007. ~~ David Ryan, Mayor Debi A. Bentley, City Clerk ~ ~~}11 I /~ I ~~ I G'vS'0- ~v 102.5m '" FUTURE ROAD Y;/ ~ 40R-12678 <0 PT. OF PI. 4 & PART 5 3 ---- 1- \ \ \ (H)MU-21 -- CON 1. PT LOT 23.24 RP 40R-6179 PTS. 2,9-11. PART 15,17.18.19 PT 6,7.8 AND RP 40R-9889 PART 3 40R'-12678 PARTS 6-9 '" '" iD 3 o <C o 0::: 40R-12678 PAR11&2 w X o :< 40'\ \-\ \ G \-\ 'N !\ l' N SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2007 CITY CLERK - DEBI A. BENTLEY 3 I \ \ \ I \ ('75 59.2m tJ1 P' 3 /' ':J Z -1 <C > FUTURE ROAD / \ /' 40R-12678 '( PI. OF PT. 4 I< PART 5 ---- 1- \ \ \ 40,:-12678 PAins 6-9 -- I I :-10.0m I I , , I I \ \ \ \ \ \ \ \ \ \ \ \ 1..----- \""",.0.11' CON 1, PT LOT 23,24 RP 40R-6179 PTS. 2,9-11, PART 15,17,18,19 PT 6.7,8 ANO RP 40R-9889 PART 3 \ \ \ \ \ \ 1 - : 1.5m I I I I I I I I I I I I 10.0m-l I I I I I J .................... --- o <( o 0::: 40R-12678 PART 1 1<2 \-\ \ G \-\ \N 1\ '{ ENVELOPE 40\ 13UILDING l' N SCHEDULE n TO BY-LAW PASSED THIS DAY OF 2007 ~ MAYOR - DAVID RY CITY CLERK - DEBI A. BENTLEY crT ACH~P,PJT '_ I TO RU'(JRT II PO . ig -<;; .'2_ " I""J! l , , II ~g=== II :111 fYJ\B ~:W; ~I\ :', ~ ~ === 0 CULROSS A~ENUE / ~ CRESCENT == ~ III ! I I \ \ ,,,,,,,'\0"" /' \~;- ~0,,?-'0: - ~\\\\\ 1\ -:.,O~'?-' /"-./ / A ]]I ~ C~Uftr s y/ V "- 11 ~ ~ rif f=~ yV/ 1~ == g ~),/ / ~diID "2: k?" ~1 ''i wITIIIl7 I r y 5 CRES. ~ 5=_ .. 6u I \\ :;:I I \ ~ ~= ./ "-'=-~ \ [j~~./V ""\. R~ II\~ o~ ~ ===-4 '\ II V +-~G?'\ -=1~ v.. ~ , <( CD Z :J o ./ f-- /// ~-0'. ~ II w ~ ~ o !O ~0\J\l-'\ 0\)'0 (,\; SUBJECT PROPERTY v v"""" 1\ l>-V 17 o <( o ~ :-- w x, o - 4-0\ 0\G0~:~ ...... C.I'l.R. ~ '-...... S\8.S~\ T / .....,..,. \1\\ //w ---I j~ \U. ?- > .-- I- ~ \'l. I--- a:: Bf:>..--<j;), ~..- \",~1Jr t:= 0 .---~ ,..-, t. r:= ~ WAYFARER [:::::: ~~ _ '---' ~ -- LANE ~ ~%~~=Or=~ ~ ~'K&7~~~ ~~~~ (J~~ Planning & Development Department ~ 7 ~ f---- lIT City of Pickering PROPERTY DESCRIPTION PART OF LOTS 23 & 24, CONCESSION 1 OWNER BROOKDALE CENTRE INC FILE No. A 003/06 ~~Q ;:aaurc.a: Q.1005o~/AnJe~:~s~~s 1~~'pp~~~s.a~lltl~r!~~~".Re~~...;~~;tI!lNo~,e~e~~ad,; ~rtS~r~I:.n of survey. DATE MAY 8,2006 SCALE 1 :5000 DRAWN BY JB CHECKED BY RP l' PN.8 "':nl'1/ J. TO, ,_ .. [..........'7h.. _.1iJ -. .. Ii;. . /8' 7 ," ~} -- \. , .j INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN BROOKDALE CENTRE INC. A 03/06 IJ r r'-'l ) '~ HIGHWAY 401 ~ PHASE 1 l' FULL SCALE COPIES OF THE APPLICANT'S SUBMITTED PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING PLANNING'" DEVELOPMENT DEPARTMENT. THIS IMP WAS PRODUCED BY THE CITY OF PICKERING PLANNING'" DevELOPMENT DEPARTMENT. INFORMATION'" SUPPORT SERVICES. JUNE 7. 2006. I-rTlv>""r""~"""ll" ~} TO ... "', ...,~~\. -.,' ib,.;; if , i Pi"' j" ". \.' -Z "~ .''''..,''.,..,......"'.._..",,u _.'" STAFF VISION FOR TOWN CENTRE WEST \<.o~o ~\-\GS\o\-\ Ii ~ .......... ( \ \ , \ ~~ \ \ / r-----] \, Q [~~j o'S( \~~; \'" L___j ! Q(' .~'''''' .",.,,/' ~ --- 0 e ~ {tf ~, ~ ----. '. 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Part of Lot 23 & 24, Concession 1 1105 Kingston Road City of Pickering Recommendation: 1. That Report PD 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 U(H)" holding provision subject to the conditions outlined in Appendix I to Report PD 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. Report PO 48-06 ..G .,~_.. ;.'1 ! i ~'U--'..J: ...l:.?:'Z- Date: October 10, 2006 Subject: 8rookdale Centre Inc. (A 3/06) Page 2 " () ..... ~x~~utive 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. 80th 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 PO 48-06 _-6-__ TO Date: October 10, 2006 / [.,,-<\....:1. Subject: Brookdale Centre Inc. (A 3/06) Page 3 C84 The U(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. Report PO 48-06 " ''I 6~ 'IT /g' '("'7 Date: October 10, 2006 Subject: Brookdale Centre Inc. (A 3/06) Page 4 "0- \..'OJ 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 b 1 (,:. ". 7 / <) ( Date: October 10, 2006 Subject: Brookdale Centre Inc. (A 3/06) Page 5 :'8 ..., \... . U Region of Durham - 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. Ministry of Transportation 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. Report PD 48-06 / (C:; Ie () Date: October 10, 2006 Subject: Brookdale Centre Inc. (A 3/06) Page 6 C 8 ilfowever, a 'big-box' retail centre is not reflective of the intensity or type of development initially anticipated for this 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. o Report PO 48-06 /i? {17 Date: October 10, 2006 Subject: Brookdale Centre Inc. (A 3/06) Page 7 -, (') " \. 0-.) 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 floodline 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 b Date: October 10,2006 (".' 'I /6 (":. Subject: Brookdale Centre Inc. (A 3/06) C8~j 3.4 Protection for Public Roads is Required Page 8 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 easUwest 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 easUwest 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 USH (home improvement centre) to allow maximum flexibility for building reorientation, in order to accommodate an east-west public road. Report PO 48-06 G I" ,~: c,t'7 Date: October 10, 2006 Subject: Brookdale Centre Inc. (A 3/06) Page 9 3.5 Enhanced Building Design & Sustainable Elements Required ,.., C ,no, CuU 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 agre:ement, 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. Report PO 48-06 /" .0 / r:;;" '7~' J () ( Date: October 10, 2006 Subject: Brookdale Centre Inc. (A 3/06) Page 10 I"~; n ~ \. ..) 1. The amending zoning by-law incorporates a U(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 b /.S' -7 / Date: October 10, 2006 Report PD 48-06 Subject: Brookdale Centre Inc. (A 3/06) Page 11 .'~ r, -: \. \.).:.. Prepared By: Approved I Endorsed By: ~ Neil a rro II , . 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 'e) . C.z.. . .y' /1 Minutes I Meeting Summary Statutory Public Information Meeting Council Chambers / Thursday, June 15, 2006 if . (; '7 7:00 pm. Cilq o~ ,".0- L ;,).0 s,4" CO 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 BROOKDALECENTREINC 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 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 i comply with The City's quidelines. He also stated that traffic, environmental, soil and Page 4 CORP0228-2/02 " A '7 :..' ;"'_:"I_";'"\~( _,- - ~: " '-q'f~'~':~;;Cc-) I;[.n.Jr\' it flu ____.-~-;;;.-~...-.-w / i.;::.::> /8 'c)7 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. :"'\, ;-:1 . " Doug Howard 1775 Storrinqton 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. Page 6 ~TT',r.Hr.rr.m' II '7 TO t-t .flu. 1.\111..1\' ~ '. _......,.,.,._....,.._""... . F!:"fJ(lRT II pn Ij..B3.:io t"'H ..., , '.' ,~",..,,,-~..' _..."._..",.~......,..~~-...u 6 ig-() -; C ~diarket 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 She/Jard A ve. 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 development and revitalization of this area and furthermore that Lakeridge Properties would co-apply for rezoninq of their properties. He did point out that there was an Page 5 ~r '-' I . .. 7 ....':1 ~ .-do . ,_J~~",....".,.-.."..,.... ....-.;<.,.<>,. ..,., / t:::? IS'()7 5. Staff Response C D G 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 CiUI 0# REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 19-07 Date: June 4, 2007 ". (') "" 1.:: v i , From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 5/06 1685279 Ontario Inc. 1741 Fairport Road Lot 126, Plan 1051 (Part 1, 40R-23692) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 5/06 be approved to permit the development of limited retail commercial uses on the subject property including personal service, offices, restaurants, retail stores and financial institution uses on lands being Lot 126, Plan 1051, Part 1, 40R-23692; 2. That Council give direction to staff to seek consent of all parties to have the Ontario Municipal Board refuse to approve Draft Plan of Subdivision S-P- 2005-01 ; 3. That By-law 6529/05 to permit nine single detached dwellings on the subject lands be revoked; and 4. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 5/06, as set out in Appendix I to Report PO 19-07, be forwarded to City Council for enactment. Executive Summary: The applicant requests an amendment to the zoning by-law to permit the establishment of retail stores, personal service shops, offices, restaurants and financial institution uses on the subject property, located at the southern edge of the Dunbarton Neighbourhood, fronting the east side of Fairport Road and immediately north of the Canadian National Railine (CN). The applicant initially proposed the development of a traditional strip plaza having two separate single storey buildings, providing a total gross floor area of 1446 square metres. However, through discussions with Planning & Development staff, the applicant has agreed to a modified plan that provides a similar gross floor area within one building, with a second floor component fronting Fairport Road (see Attachment #4). The development is to reflect a residential character in its architecture. The function, scale, intensity and compact urban design of the proposal are compatible with the surrounding neighbourhood and the proposed uses comply with the provisions of the City's Official Plan. Report PD 19-07 Date: June 4, 2007 Subject: 1685279 Ontario Inc. (A 5/06) Page 2 Issues pertaining to the ultimate site development and design will be addressed through the implementing zoning by-law, appropriate agreements and the required site plan approval process. It is recommended that this application be approved in its modified form, and that the draft by-law be forwarded to City Council for enactment. C93 Financial Implications: The Municipal Property & Engineering Division recommend that a "Steep Hill" sign with a solar powered flashing beacon be installed on the south side of Sheppard Avenue, west of Fairport Road to improve safety at the intersection, at a cost to the applicant of $2,500. Should additional costs (potentially $1,000) be incurred for the sign, these costs will be covered through the Roads Current Budget Account 2320 - 2409 (Highway aids, repairs and maintenance). Sustainability Implications: This development proposal is an infill project that makes efficient use of vacant lands, and takes advantage of existing infrastructure within the City's urban area. The proposal will provide office and commercial space within walking distance for residents of the immediate neighbourhood, thus reducing automobile trips. The applicant's proposal, by way of the recommended modifications by the Planning & Development Department, generally represents a sustainable approach for the development of the subject lands. Background: 1.0 Comments Received 1.1 At the June 15, 2006 Public Information Meeting Five area residents spoke in opposition to the proposed development at the Public Information Meeting and voiced the following concerns: proposed garbage and pick-up location; potential outdoor patios with bands; underutilized strip plazas currently exist within the City; potential for increaslsd traffic congestion; poor sight lines approaching the site northbound on Fairport due to the C.N.R. overpass; compatibility of proposal with existing residential development (see text of the Information Report and minutes of the information Meeting Attachment # 6 & #7). Report PD 19-07 Date: June 4, 2007 Subject: 1685279 Ontario Inc. (A 5/06) Page 3 (',0 ,... '-. v,) 1.2 Written Public Submissions on the application A letter was received on June 3, 2006, from Boyd and Nancy Penny, noting their objection to the applicant's proposal for the following reasons: - the increased vehicle traffic intersections of Sheppard Avenue and Dunbarton Road at Fairport Road; increase in traffic related noise; adequacy of parking; conflict between pedestrian traffic and vehicular traffic at crossing Fairport Road (see Attachment # 8). An electronic letter was received on June 15, 2006, from Wayne Gibson of 1748 Fairport Road, noting his objection to the applicant's proposal for the following reasons: the proposal for commercial uses would not be in character with the Dunbarton Neighbourhood; commercial uses would significantly increase vehicular traffic in the area (see Attachment # 9). 1.3 City Department and Agency Comments Region of Durham Planning Department - the Durham Regional Official Plan permits limited office and retail uses in appropriate locations; municipal water and sanitary services are available to the subject property; - the owner will be required to pay a sanitary sewer frontage charge (see Attachment #11); T cronto & Region Conservation Authority - no objections to the application; - due to downstream erosion problems associated with Amberlea Creek, the TRCA requests circulation of associated Site Plan Applications in order to ensure storm water quantity, quality and erosion control are adequately addressed (see Attachment #12); CN Rail - the owner must install and maintain at their own expense, a 1.83 metre high chain link fence along the mutual property line; - any proposed alterations to the existing drainage pattern affecting Railway property must receive prior approval from the Railway and must be substantiated with a drainage report to the satisfaction of the Railway; Report PO 19-07 Date: June 4, 2007 Page 4 Subject: 1685279 Ontario Inc. (A 5/06) ,,>> /'- "', _ ,; d CN Rail (Continued)) Municipal Property & Engineering Division, Transportation Engineering 2.0 Discussion 2.1 History/Background _ recommend a minimum building setback of approximately 30 metres from the Railway right-of-way (see Attachment #13); - based on a review of a Traffic Study prepared by Mark Engineering, the impact of traffic generated by the proposed development would not be significant on the surrounding road network; - recommend that a Steep Hill Sign with a Solar Powered Flashing Beacon be installed at the applicant's expense on the south side of Sheppard Avenue, west of Fairport Road to improve safety at the intersection (see Attachment #10) (see Location Map, Attachment #1 for approximate location of proposed signage). Draft Plan of Subdivision Application S-P-2005-01 was submitted in 2005 to create one subdivision block on the subject lands to facilitate future residential development and associated lot creation through the Part Lot Control provisions of the Planning Act. The plan was draft approved October 5, 2005. However, the Canadian National Railway (CN) appealed the City's draft approval of the Plan to the Ontario Municipal Board (OMB). The OMB has not established a hearing date as the property was sold and the current owners requested deferral of a hearing until such time as this rezoning application for retail uses is considered by Council. Zoning By-law Amendment Application A 15/04 was submitted in November 2004 to permit the development of the subject lands for nine detached residential units (see Attachment #5). By-law 6529/05 was approved by City Council, to implement the residential proposal, on June 6, 2005. Due to the significant objection of CN to residential use of the land, alternative land uses were explored by the current owners, and the current office/commercial application was submitted. 2.2 Use and Compatibility 2.2.1 The proposed uses comply with the Durham Regional Official Plan and Pickerinq Official Plan desiqnation The applicant's proposal conforms to the Region of Durham Official Plan which designates the subject property 'Urban Area - Living Area'. Report PD 19-07 Date: June 4, 2007 Subject: 1685279 Ontario Inc. (A 5/06) Page 5 ,/: j..... J;. ',-, the subject property is designated Urban Area - Low Density Area in the Pickering Official Plan. This designation permits offices and the retailing of goods and services serving the local area. Approval of the zoning by-law amendment would conform with the City's Official Plan. 2.2.2 Limited retail commercial uses are appropriate and compatible uses within the Dunbarton Neiqhbourhood The site area is sufficient to accommodate a limited commercial development comprising of retail stores, offices, personal service shops, a financial institution and restaurants, within a two storey building, along with associated parking. The building form and location illustrated on the Staff Recommended Conceptual Plan (see Attachment #4) will assist to buffer the adjacent residential properties to the north from noise associated with the adjacent CN Rail line. The proposed development will be compatible with the existing low density residential neighbourhood. The implementing zoning by-law will restrict the maximum height of any structure to 9.0 meters, which is the height allowed for abutting residential buildings. The retail commercial uses will recover the loss of retail floor space from the plaza that was demolished for the construction of the Ford / Volvo dealerships. Commercial development of this property will provide for local convenience needs. 2.3 The Site Plan Approval Process will address Site Development, Functioning and Design and will be secured through an appropriate agreement The applicant's initial proposal was for two single storey buildings having a total gross floor area of 1446 square meters, providing parking at a ratio of four spaces per 93 square meters. The initial plan was presented at an Information Meeting on June 15, 2006 (see Attachment #2). To address resident and staff concerns, the applicant submitted a revised conceptual site plan to the Planning & Development Department on November 3, 2006. The revised conceptual plan proposed two single storey commercial buildings providing a gross floor area of 1182 square metres (see Attachment #3). This plan was not significantly different from the initial plan, and was not supported by staff. Report PD 19-07 Subject: 1685279 Ontario Inc. (A 5/06) Date: June 4, 2007 Page 6 To facilitate further discussion in an attempt to achieve a mutually acceptable development concept that was sensitive and compatible with the residential area, staff prepared an alternative conceptual plan in April 2007 which proposed one building with a partial second functional floor of approximately 500 square metres, and adequate area for parking and efficient site function (see Attachment #4). This concept eliminated the "strip plaza" design that did not have any connection to the community and replaced it with a building mass that addresses the street and provides opportunity for residential characteristics of design to be incorporated into the building. .1\ ;~f,'~ ..t,) ,:., This conceptual plan was reviewed and discussed with the applicant. The property owner supports this revised concept and wishes to proceed with zoning to implement this proposal. The applicant will be required to submit more detailed site plan drawings that reflect the revised recommended conceptual plan through the Site Plan Approval Process. The site plan shall also address overall site design and function including the provision of pedestrian connections, appropriate landscaping/buffering, garbage collection, and appropriate fire routing. In order to provide a built form that is compatible with the surrounding neighbourhood, it is recommended that the design of the future two storey building incorporate residential design elements such as sloping roofs. Sheppard Avenue and Fairport Road Intersection Improvements Based on the review of a Traffic Study prepared by Mark Engineering, the Municipal Property & Engineering Division has determined that the traffic generated by the proposed development will not significantly impact the surrounding road network. However, the Fairport Road/Sheppard Avenue intersection has been identified as a high accident location and increased traffic on Fairport Road will only aggravate the situation during inclement weather conditions. MP&E recommend that a Steep Hill sign (Wa-21) with a flashing beacon be installed for eastbound vehicles along Sheppard Avenue to improve safety at the intersection. It is also recommended that, as per City of Pickering Sustainability Policy, a solar panel be used to power the flashing beacon. Cost sharing for these two items can be addressed in the Site Plan agreement. It is recommended that the applicant contribute $2,500 toward the cost of the installation, and that any additional cost (potentially up to $1,000) be covered by the City. 2.4 Amending Zoning By-law should be enacted It is recommended that the draft implementing zoning by-law attached to this report be enacted by City Council (see Appendix II). The By-law would permit the following use on the property: Report PD 19-07 Subject: 1685279 Ontario Inc. (A 5/06) Date: June 4, 2007 Page 7 ...~, ,-- bakery (with odour control) ..:.., ',I ...J business office - commercial school - day nursery - dry cleaning depot - financial institution - fitness centre laundromat personal service shop professional office restaurant (with odour control) retail store - veterinary clinic and pet grooming facility It is recommended that drive thru facilities be prohibited in association with any permitted use. The recommended conditions of approval for the implementing Zoning By-law and the required Site Plan Agreement are described in Appendix I to this Report. The requirement for odour control will be addressed in the site plan review process. 3.0 Applicant's Comments: The applicant is aware of the contents of this Report and supports the staff recommendation. APPENDICIES: Appendix I: Recommended Conditions of Approval Appendix II: Draft Text and Schedule Amending By-law Attachments: 1. Location Map 2. Applicant's Original Concept Plan 3. Applicant's Second Revised Plan 4. Staff Recommended Conceptual Site Plan 5. Residential Development Potential (as per By-law 6529/05) 6. Text of Information Report 7, Minutes from Statutory Public Meeting 8. Resident Comment - Boyd and Nancy Penny 9. Resident Comment - Lundy and Wayne Gibson 10. Comments from Municipal Property & Engineering 11. Agency Comment - Region of Durham 12. Agency Comment - TRCA 13. Agency Comment - CN Rail Report PO 19-07 Subject: 1685279 Ontario Inc. (A 5/06) Date: June 4, 2007 Page 8 Prepared By: .'1 r' ,. ..1.. ~.~I '^:t Approved / Endorsed By: /..---., ~ " ,. ) tr ( - .leJ;e... . OJ;Zt.4. .."' Rick efaratti q Planner II Neil Carr Director, , ,~ /1 ItA --V C.l ~f"... Lynda T ylor, MCIP, RP Manager, Development Review RC:jf Attachment Copy: Chief Administrative Officer Recommended for Pickering City Cou consideration of ~ ;' .,! (' ,.., ..:. .,-, J APPENDIX I TO REPORT PD 19-07 RECOMMEND CONDITIONS OF APPROVAL FOR IMPLEMENTING ZONING BY-LAW AND SITE PLAN AGREEMENT RECOMMEND CONDITIONS OF APPROVAL FOR IMPLEMENTING ZONING BY-LAW AND SITE PLAN AGREEMENT .4J f". ....~ -=- ....i () 1. That the implementing zoning by-law: a) permit retail commercial, personal service, restaurant, business and professional office as permitted uses on the property; b) prohibit drive-thru facilities associated with any permitted use; c) require a minimum of 50 % of the ground floor area of the building to be provided in second storey leasable floor space; d) require a maximum gross floor area of 1, 500 square metres e) restrict restaurants to a maximum of 2, and restrict the aggregate gross leasable floor area of all restaurants to a maximum of 260 square metres; f) limit development on site to a maximum of 1 building g) require parking to be provided at a rate of 5.0 spaces per 100 square metres of gross leasable floor area. 2. That the Site Plan Agreement include the following requirements: a) installation of a Steep Hill sign (Wa-21) with a flashing beacon for eastbound vehicles along Sheppard Avenue to improve safety at its intersection with Fairport Road; b) installation of odour suppression equipment for any bakery or restaurant use on the property; c) that the building design reflect residential characteristics, such as a sloped roof ,(l , ,... .;;.. ',) ( APPENDIX II TO REPORT PD 19-07 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 5/06 THE CORPORATION OF THE CITY OF PICKERING "r.n ..L Ci ij BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3036, to implement the Official Plan of the City of Pickering, Region of Durham, on lot 126, Plan 1051, (Part 1, 40R-23692), in the City of Pickering. (A 5/06) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of retail commercial uses including, business offices, financial institutions, personal service shops, professional offices, and restaurants in lot 126, Plan 1051, (Part 1, 40R-23692), 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 HEREBY ENACTS AS FOllOWS: 1. SCHEDULE I Schedule I attached to this By-law 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 apply to those lands in lot 126, Plan 1051, (Part 1, 40R-23692), in the City of Pickering, designated "C-20" on Schedule I attached hereto. 3. GENERAL PROVISIONS 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) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Bakerv" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; Ii ,.. ,.. ..L :'t~ (7) (8) (9) (10) (11 ) (12) - 2 - .I1RAFT "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (4) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein; (5) "Dav Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children; (6) "Drive-thru" shall mean a building or part of a building devoted to a drive- through order and pick-up service; "Dry Cleaninq Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; "Fitness Club" shall mean a building or part of a building in which facilities are provided for recreational athletic activities including but not limited to body-building and exercise classes, and shall include a sauna; "Functional Floor Level" shall mean an enclosed building storey containing an area of at least 50% of the building's ground floor area, and having a ceiling height suitable to permit the intended use; "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; "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; - 3 - l'/' A rr ,~~tJ"'.Hr ~ .. ~. .~ .l....1} (13) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or a dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter MA5, as amended from time-to-time, or any successor thereto; (14) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, chapter MA5, as amended from time-to-time, or any successor thereto; (15) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both, but shall not include an adult entertainment parlour or drive-thru component as defined herein; (16) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public. (17) "Veterinary Clinic" shall mean a building or part of a building in which medical service is performed service or consultation is given for domestic pets, may include accessory sales of associated products, accessory services such as grooming, emergency overnight accommodation, but shall not include long-term boarding on the premises. 5. PROVISIONS (1) Uses Permitted ("C-20" Zone) No person shall, within the lands zoned "C-20" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) bakery (b) business office (c) commercial school (d) day nursery (e) dry cleaning depot (f) financial institution (g) fitness club (h) laundromat (i) personal service shop - 4 - rAFT 41 ~ ,# ......1..1. 0) professional office (k) restaurant - type A (I) retail store (m) veterinary clinic (2) Zone Requirements ("C-20" Zone) No person shall within the lands designated "C-20" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING RESTRICTIONS (i) The maximum combined gross leasable floor area for all uses on the lands zoned "C-20" on Schedule I attached to this By-law shall be 1500 square metres; (ii) The maximum combined gross leasable floor area for all uses on the first floor of any building on the lands zoned "C-20" on Schedule I attached to this By-law shall be 1 000 square metres; (iii) There shall be a maximum of one building on the lands zoned "C-20" on Schedule I attached to this By-law; (iv) Building Height: maximum 9 metres (v) Functional Floors: a. 50% of the ground floor area of the building to be provided in second floor leasable space b. the front wall of the second storey shall comply with the front yard depth provision of this by-law (vi) Front Yard Depth: minimum 7.5 metres maximum 8.0 metres (vii) North Side Yard Width: minimum 1.8 metres (viii) South Side Yard Width: minimum 10 metres (b) PARKING REQUIREMENTS (i) A minimum of 5 parking spaces shall be provided and maintained on the lot for every 100 square metres of gross leasable floor area or part thereof; - 5 - ." '~rA"~.'r' ;:~' .:k .'.."'.... j'~~, ,,'~ /,,_, . L (ii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, 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. .q "t .." .1:. _l/'~ (c) SPECIAL REGULATIONS (i) A maximum of 2 restaurants shall be permitted - the aggregate of the gross leasable area of all restaurants shall not exceed 260 square metres; (ii) No outdoor patio shall be permitted; (iii) No drive-thru associated with any use shall be permitted; (iv) All garbage enclosures shall be fully enclosed and roofed. 6. BY-LAW (1) By-law 6529/05 is hereby repealed. (2) 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. 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act, if required. BY-LAW read a first, second, and third time and finally passed th....~\ day of June,200? ~ David Ryan, Mayor Oebi A. Bentley, City Clerk \ ---- \ \ I --', I I I I I -' - \ -- \ \ _....." \ \ I \ I I \ \ \ 40M-2,312 I \ I \ I -- \ \ \ \ I -- \ I \ I \ I I I \ I \ I \ I I I \ \~\O \? r>-~\S : 'j9 I I I 7.7.0 \ I A/J.~~ \ \ I I I \ I I I DUNBAR/ON --- --- --- -- -- -- -- -- --- -- ,,\ \<-. C.\~. -- -- -- .- _I -- --- -_........".... -- -- -- -- I-- I \ I I . -- -- --- l' N SCHEDULE I TO BY-LAW PASSED THIS DAYOF__ MAYOR - DAV CITY CLERK - DEBI A. BENTLEY t ,..', p,CH~.~Ern # TO r;;"(jRl tI PO, ' (1 . () ...1.. .. ~ f Ll.1 r--- ~~ f-'- W4~' \'\~ _L~~ -W -~ 0:: A I 81 I I ~ SPRUCE 1==1 ~7~* ~gT ( \ '< ~~rl \ I~~~ I Y I ~ \B~~~ RUSHTON ROAD I \ \ ~ . --- I o I I I 3: \. 1\ '" / <( w '" ~-jl ~ ~ "' =:1 D ~ ~_ ---- I I- ......... I~ ~ PROPDRIf \ ~ - ~,,~ Tl 0:: ~ b:::: I L:: ,~-- _ I "'- DUNBARTON LJ I I GOLDENRIDGE I WELRUS STREET I l / -- I r r ;;0 o }> o l C.N.R. ~ \ I J\ JJ un 1\ ~ SHEPPARD '- AVENUE \ ~ \)1 ~ J ~ --- --- - KINGSTON ROAD C.N.R. I~ ~~'t..i'~Dt. - ~~Q~ sl-l ~ t.~~\\\ ~ot>D " ---1 APPROXlM~Ip HILL ....,n OF SIGN ~~ ~()\ A ~~~] ~ fI I VI;TULA City of Pickering C.l'l.R. ep..'{\... '{ - f- f- _WI- - ~r= _Wf- -;;;:= == !:: -== = ->-- -0::- .-- -0::- w- r-- -CD- w- -1- I I-- _CD- 7 ;- ..-::!:- I~~~ W _ as L---- >- ~ ~ O::v:s~ >-... V ~ '- ).... ~~O'r\) J'.A ~~ - ~ "'" S\~t.t.\ - ~_I/-- \ \~ou ~ Planning & Development Department PROPERTY DESCRIPTION LOT 126 PLAN 1051, NOW RP 40R23692 OWNER 1685279 ONTARIO INC. FILE No. A005/06 go a ;::lour-c..: Tar-anat Enterpri... 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Cr't-=' 'i,.,: _,1....-.. --.."'...- ~"" .:1.. _l J CitJl c~ INFORMATION REPORT NO. 08-06 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 Amendment Application A 05/06 1685279 Ontario Inc. 1741 Fairport Road (Lot 126, Plan 1051 Now RP 40R-23692 Part 1) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located at the southern edge of the Dunbarton Neighbourhood, fronting on the east side of Fairport Road, immediately north of eN Rail, approximately 200 metres from the new Ford and Volvo of Durham automobile dealerships on Kingston Road (see Attachment #1 - Location Map); - existing detached dwellings are located to the north, east and west of the subject property; the property has an approximate area of 0.5 of a hectare (1.2 acres), is currently vacant and is generally rectangular in shape. 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the existing zoning of the subject property to permit the development of two buildings for retail commercial uses, having an approximate total gross floor area of 1446 square metres (15,100 square feet) and, providing parking at a rate of 4.0 spaces per 93 square metres of gross floor area (1000 square feet) or 70 parking spaces (see Attachment #2 - Applicant's Submitted Plan); Information Report No. 08-06 ! 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U - the applicant has requested that the amending zoning by-law permit the following proposed uses on the property: . bakery . business office and professional office . commercial school . day nursery . dry cleaning establishment . financial institution . fitness centre 3,0 BACKGROUND INFORMATION . library . personal service shop . restaurant without drive-thru . retail store including a pharmacy . veterinary clinic and grooming facility . accessory uses to the primary use . laundromat Pickering City Council approved Zoning Amendment Application A 15/04 and passed By-Law 6529/05 on June 6, 2005, in association with Draft Plan of Subdivision S-P-2005-01 to permit nine detached dwelling lots on the subject lands; - the lots proposed in the Draft Plan of Subdivision would be developed in accordance with the provisions of a (H)S3-12 Detached Dwelling Zone; the Draft Plan of Subdivision was submitted by the previous owner, R&D Investments Inc., and was subsequently appealed by CN Rail, the abutting property owner to the south; - the applicant has advised that, in the event that the current zoning amendment application proposing retail commercial uses on the subject lands is approved by City Council, the Draft Plan of Subdivision application would be withdrawn. 4.0 OFFICIAL PLAN AND ZONING 4.1 Durham Regional Official Plan - designates the subject property as Urban Areas - Living Area, which permits development primarily for housing purposes; permits limited office development and limited retailing of goods and services to serve the day-to-day needs of surrounding area residents; - the subject application will be assessed against the policies and provisions of the Durham Region Official Plan during the processing of the application; Information Report No. 08-06 / l't ",3.;:2",,_10 '? . Page 3 ~ r. "'1 _!. ... J. 4.2 Pickering Official Plan - designates the subject property as Urban Residential Areas - Low Density Areas within the Dunbarton Neighbourhood; recognizes that Urban Areas are intended primarily for housing and related uses and activities; requires that City Council, through the establishment of performance standards, restrictions and provisions for this area, also consider the protection and enhancement in character of the established neighbourhood; permits residential uses, home occupations, limited offices serving the area, and limited retailing of goods and services serving the area; - the property is subject to the Dunbarton Neighbourhood Development & Design Guidelines; - the site is located within one of three Detailed Review Areas identified within the Dunbarton Neighbourhood Boundary; requires the submission of a vibration impact study, prepared to the satisfaction of the City in consultation with relevant agencies, for all development located within 75 metres of a railway right-of-way, and requires appropriate measures to mitigate any adverse effects from the vibration identified in such a study; may require the submission of a retail impact study for retail commercial development outside the Downtown Core; - the subject application will be further assessed against the policies and provisions of the Pickering Official Plan during the processing of the application; 4.3 Dunbarton Neighbourhood Development & Design Guidelines requires development to occur in a manner that is appealing, orderly, and consistent with the character of the neighbourhood; requires that new development proposals comply with the Dunbarton Neighbourhood Development and Design Guidelines; only permits detached dwellings on existing roads; in the event that City Council approves the applicant's proposal, an amendment to the Dunbarton Neighbourhood Development & Design Guidelines is required to allow the development of retail and commercial uses on existing roads; 4.4 Zoning By-law 3036 - the subject property is zoned "R3" - Detached Dwelling Residential Zone, which permits detached dwellings only; - a Zoning By-law Amendment is required to permit the establishment of retail commercial uses on the property including offices, personal service shops and retail stores; Information Report No. 08-06 (: .11 -0'] Page 4 5.0 RESUL lS OF CIRCULA liON ~ r., ..., .!. ;.. t:.. 5.1 Resident Comments residents' comments received to date outlined the following concerns: (see Attachment #3); . the increase in overall vehicular traffic volume in the neighbourhood from the applicant's proposal; . the potential decrease in the enjoyment of residential properties due to the increase in noise from the anticipated additional traffic generated of the proposed retail commercial development; . the adequacy of parking shown on the applicant's submitted plan; . pedestrian traffic safety; 5.2 Agency Comments Veridian Connections - no objections; 5.3 Staff Comments in the event that the subject application is approved, Pickering Fire Services reserve the right to provide comments through the site plan approval process (see Attachment #4); - given the context of the subject site, staff is concerned with the overall scale of the current proposal and considers the applicant's submitted plan to represent over-development of the property; based on a preliminary review of the application, the following matters have been identified by staff for further investigation: . the compatibility of the current proposal to surrounding existing residential development; . the absence of pedestrian connections on the applicant's submitted plan; . the visual impact the proposed use / site changes may have on the existing streetscape, the character of the neighbourhood and on adjacent properties; . traffic generation, adequacy of parking, landscaping and overall site design and function; . the sightlines for motorists entering / exiting on Fairport Road due to the existence of the eN Rail overpass located to the south of the subject property; - staff have encouraged the applicant to scale down the proposal. (., Information Report No. 08-06 /9' O} Page 5 " r; ,.., .L :.. oJ 6.0 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 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. 7.0 OTHER INFORMATION 7.1 Appendix No. I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 7.2 Information Received - full scale copies of the Applicant's Submitted Plan and a Planning Justification Report prepared by Action Planning Consultants dated March 31, 2006, are available for viewing at the offices of the City of Pickering Planning & Development Department; 7.3 Property Principal - the registered owner of the subject property is 1685279 Ontario Inc.; the principal is Davis Quayson; - the authorized agent is Franco Romano of Action Planning Consultants. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Rick Cefaratti Planner II Lynda Taylor, MCIP, RPP Manager, Development Review RC:ld J:\REPORTS\INFOR\2006\08-06 - rc A 05-06.doc Attachments Copy: Director, Planning & Development I- t- /,:;. a '7 APPENDIX NO. I TO INFORMATION REPORT NO. 08-06 COMMENTING RESIDENTS AND LANDOWNERS (1) Boyd & Nancy Penny, 1062 Dunbarton Road COMMENTING AGENCIES (1) Veridian Connections COMMENTING CITY DEPARTMENTS (1) Fire Services ... r, " .t. /.. 'i Ciiq o~ 7 :'? . ( 7 I.. . \<", \, G Minutes I Meeting Summary Statutory Public Information Meeting Council Chambers Thursday, June 15, 2006 7:00 pm. COUNCillORS: Councillor Brenner - Chair Councillor McLean Councillor Dickerson ALSO PRESENT: Ross Pym Rick Cefaratti Lynda Taylor Franco Romano David 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. Item / Details & Discussion & Conclusion Ref # (summary of discussion) 1. ZONING BY-lAW AMENDMENT APPLICATION A 05/06 1685279 ONTARIO INC. 1741 FAIRPORT ROAD (lOT 126, PLAN 1051 NOW RP 40r-23692 PART 1) CITY OF PICKERING 1. Planner Comments Rick Cefaratti, Planner II gave an overview of the property location, applicant's proposal and the City's Official Plan policies pertaining to this site, as outlined in Information Report No. 08-06. 2. Applicants Comment The Applicant's representative, Franco Romano, explained that the proposal is for two commercial use buildings. Previously, the applicant received approval "in principle" for nine detached residential homes. He further explained that the residential Page 1 CORP0228-2/02 Item / Details & Discussion & Conclusion Ref # (summary of discussion) '7 19 - t'7 <llrn .l.~ ~.. U proposal might not go forward as CN Rail has appealed the application and the applicant cannot meet certain safety specifications specified by CN Rail. He also noted that CN Rail supports the conceptual retail proposal set out in this application. I The proposed buildings are designed to integrate with the existing residential I landscape and will include offices, personal service shops and retail stores. The . applicant encouraged the residents to view the design and provide feedback. 3. Comments from Members of the Public Sylvia Spencer 771 Sheppard A ve. East Ms. Spencer stated her objections to this proposal as follows: . Proposed buildings are too high. . No Fire Gates proposed. . More garbage will be generated. . No solar energy design in the proposal. . Wants no outdoor patios or live music. . No noise abatement proposed. . Too many strip malls already in the area- businesses will not survive (i.e. Dunbarton Plaza) Lome Moore 1014 Dunbarton Road Mr. Moore also had concerns with the height of the proposed buildings. He stated that this neighbourhood consisted of single family dwellings and the commercial proposal was not compatible. Additional traffic was also an issue for him and he did not support access to Dunbarton Road. He stated that traffic was already poor and difficult to manoeuvre in this area and this proposal would increase the traffic congestion. Gail Chow 1811 Fairport Rd. Ms. Chow supports the idea of quality retail stores, just not in this area. She noted the ongoing concerns with Fairport Road/ Dunbarton Road traffic congestion and to add another high density building would only increase the traffic congestion. She further stated that if eN Rail was concerned with the safety of the children within the previous draft plan proposal, then why would they approve/support the application for a day care use within the retail plaza proposal. Page 2 CORP0228-2/02 Item / Details & Discussion & Conclusion Ref # (summary of discussion) 7 /9 '('7 r~ ~" 8c6tt Currie 1738 Aooleview Road Mr. Currie shared the concerns with the previous speakers and noted that CN Rail need to clarify their comments relating to the concerns of "life risks". He further stated that this commercial proposal was not compatible with the residential character of the area. He was also concerned with poor access and sightlines to the site. Lastly, he noted that the application had a reference to a 'hotel application', which was definitely not compatible with the area. Mr. Currie would prefer that the lands remain zoned for residential uses. Chris Karkas 905 Dunbarton Road Mr. Karkas advised that he had height restriction concerns. In addition, he stated that a commercial building generated much more garbage than a residential area and putting the two side by side would only create problems. 4. Response from Applicant The Applicant's representative, Franco Romano, addressed the residents concerns by stating that the applicant was willing to discuss the fence height and materials at the site plan stage. He further stated that his client was considering a slanted/peaked roof design to reflect the residential landscape. He also stated that there are no plans for outdoor patios in the proposal. He confirmed that the proposed building is only one storey, with the actual height being dependant on the final design. He further stated that there would be only one driveway in front of the site, similar to the residential proposal and similar to residential units in the area, which would facilitate one car at a time onto Fairport Road. The applicant stated that CN Rail prefers the commercial proposal to the residential and further discussions/meetings with CN Rail will take place to discuss the range of uses. He also stated that the waste location on site can be reviewed to relocate it away from the existing residential, at any rate it will be enclosed. Lastly, he stated that vibration and marketing studies are not typically done for this type of commercial project adjacent to residential providing neighbourhood functions, not affecting downtown uses. Mr. Romano advised that CN Rail requires a minimal separation distance of 30m to residential buildings; this requirement affects two thirds of the site and therefore virtually eliminates the potential for residential development on this site. 5. Staff Response Rick Cefaratti summarized the questions and concerns by clarifying that the proposed commercial building was a one storey building. In addition he explained that Staff was waiting for CN Rail's written comments for this application. Page 3 CORP0228-2/02 :;! fl ~:.' :~'j '('7 ;; r,'" -!- /... () 1062 Dunbarton Rd Pickering On L 1 V 1 G8 June 3, 2006 Mr. Rick Cefaratti Planner II City Of Pickering One The Esplanade Pickering ON LIV 6K7 Dear Mr. Cefaratti, Re: Zoning By-Law Amendment App -A 05/06 Weare residents of the neighbourhood and are adamantly opposed to the proposed zoning by-law amendment A05/06. The CNR rail line is a "natural" and logical dividing line between commercial and residential interests. Encroachment into residential neighbourhood is inappropriate. To permit the rezoning and allow commercial enterprises reflects negatively on the reputation of the City. A rezoning decision borders on "deceitful" and misrepresentative to the families who just recently purchased new home immediately to the east of the property in question. Traffic on Fairport and Dunbarton is already excessive. Additional traffic noise decreases enjoyment of residential property, increases 'noise" and increases safety concerns. The intersections of both Old Sheppard Rd, where it meets Fairport, and Dunbarton where it meets Fairport are becoming increasingly dangerous due to increased vehicle traffic. At rush hours it is difficult to enter Fairport from either Dunbarton or Old Sheppard. Individuals are forced to nudge into oncoming traffic or accelerate dangerously across the path of on-coming traffic. This is becoming increasingly dangerous, as more and more people use Old Sheppard as an alternate route to Kingston Rd (to avoid three sets oftraffic lights). The intersection of Old Sheppard and Fairport will become more dangerous as the full impact of the additional traffic resulting from the new car dealership which also enters onto Fairport immediately across from Old Sheppard increases, with the full opening and operation of the car dealerships. ('7 '" r, r' wL ,._ \J The proposed retail commercial site will eventually have a retail walk-by pedestrian clientele. If not initially then eventually. The worse example would be a retail variety store. Due to its location virtually all pedestrian traffic would have to cross either Dunbarton or Fairport roads to access it. Current traffic levels require considerable caution. Increased traffic augments this problem, especially if it eventually becomes a commercial enterprise attracting children. Without knowing the specific tenants, parking could also become a problem. A good example of inadequate parking facilities is the medical clinic on the northeast comer of Whites Road and Old Sheppard. Clients of the Clinic are required to park on both sides of the street and extremely close to the intersection/traffic lights. This is both dangerous and an irritation, to say the least, to the residents of Old Sheppard. It is conceivable and probably quite likely that street parking will increase, regardless of number of planned parking spaces. Similarly, this will be both dangerous and a nuisance to our neighbours. In summary, we believe approval of the rezoning application would be detrimental to the Dunbarton neighbourhood and its residents. Please accept this as our request to be notified of any updates with respect to this application. Yours sincerely, Boyd & Nancy Penny Page 1 of2 ? / (/. "7 Cefaratti, Rick From: Wayne Gibson [wgibsonhs@yahoo.ca] Sent: Monday, June 12, 2006 8:44 PM To: Mayor Web Email; Brenner, Maurice, Councillor; Ashe, Kevin, Councillor Subject: Meeting June 15/06 re application of 1685279 Ontario Inc. -Iii r, ,......, ..!..vJ Mayor Ryan, Mr. Brenner and Mr. Ashe: We are unable to attend Thursday's meeting as we are away on business however we would like you to take into consideration our objection to the request by 1685279 Ontario Inc. to amend the existing zoning on the property at 1741 Fairport Road to permit the development of 2 buildings for retail commercial uses. Our reasons are as follows: _ the property is currently zoned residential and commercial development of the property would not be within the current Dunbarton Neighbourhood and its characteristics. _ commercial uses would significantly increase traffic on Fairport Road particularly the south end of Fairport which already sees much increased traffic and is already having a very difficult time managing it. The residents of the area are highly affected by the increase of traffic and safety for all residents is a very significant consideration. _ granting such an amendment would create a very dangerous precedent for all other areas of Pickering where there is vacant land in a residential area and would open the doors to further other development not within keeping of the current zoning. _ such a commercial development in this area would become self contained and not a part of the community and would not enhance the residential area and indeed I believe would be difficult to police and maintain a safe enviroment. Gentlemen we on Fairport Road are continually faced by developers who do not wish to develop within the current guidelines, developers who are fully aware of the zoning and criteria for the area at the time of the purchase of the property but feel that they can develop as they wish and not as an enhancement of the community and certainly now within the current zoning. We on Fairport Road are not opposed to development, to the contrary we have worked with developers to come to an understanding and a plan to the satisfaction of all. The development of the homes on Fairport have become part of our community and indeed our neighbours. I know that each of you have a clear understanding of the challenges faced by the residents of Fairport Road and I believe you know that the development proposed would not be a benefit to our community. I respectfully request that you oppose the current application and represent the views of the Fairport Road community at the meeting. I look forward to receipt of your response and view on the current application. Sincerely Ludy and Wayne Gibson 1748 Fairport Road Pickering, Ontario L 1 V 1 S8 Phone: 905-839-4187 email: wgibsonhs@yahoo.ca 6/15/2006 /~"('7 '" ".t' .r..Jl. OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM March 29, 2007 To: Richard W. Holborn Division Head, Municipal Property & Engineering From: Shahid Matloob Coordinator, Transportation Engineering Subject: Traffic Impact Review, 1741 Fairport Road, Proposed Retail Development File: 0-2400 Please be advised that, I have reviewed the Traffic Impact Study prepared by Mark Engineering for 1741 Fairport Road proposed retail development. Although the study shows that the impact of traffic generated by the proposed deVE oment would not be significant on the surrounding road network, the intersection of Fa:/"port RGad and Sheppard Avenue is a high accident location. The majority of the collisions happened on the eastbound approach of the intersection, which is controlled by a Stop sign and has a significant downgrade. Increased traffic on Fairport Road may result in longer queues at Sheppard Avenue and further aggravate the situation during inclement weather conditions. Therefore, staff recommend that a Steep Hill sign (Wa-21) along with flashing beacon should be installed for the eastbound vehicles to improve safety at the intersection. Staff further recommend that as per City of Pickering Sustaninability Policy a solar panel should be used to energize the flashing beacon. If you have any questions regarding the above, please do not hesitate to contact me. S M/ Relail_Development_ 1 741_Fairpon Road_Revisions.doc Copy: Supervisor, Municipal & Capital Works Rick Cefaratti, Planner II, Planning & Development Coordinator, Traffic Operations The Regional Municipality of Durllam Planning Deportmenl 6D5 ROSSLAND ROAD E 4'" FLOOR PO BOX 623 WHITBY. ON L 1 N 6A3 (905) 668-7711 Fax: (905) 666-6208 [.mail: planning@ Iegio! I.du rha rn. onca www.reqiorl.durllarn.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning .SlJn'i~c Excellence Communities June 28, 2006 II I? - C'J 4 1"\ ~~ . -; /' Rick Cefaratti, Planner II Pickering Civic Complex One The Esplande Pickering, Ontario L 1V 6K7 SENT VIA EMAIL TO: rcefaratti@city.pickering.on.ca Mr. Cefaratti: Re: Zoning Amendment Application A 05/06 Applicant: 1685279 Ontario Limited Location: 1741 Fairport Road 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 the development of two buildings for retail commercial uses including offices, personal service shops and retail stores. Reaional Official Plan The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. Limited office development and limited retailing of goods and services, in appropriate locations, as components of mixed use developments may be permitted within Living Areas provided that the functions and characteristics of Central Areas are not adversely affected. Provincial Policies & Deleaated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application. Reaional Services Municipal water supply and sanitary sewer services are available to the subject property from existing utilities on Fairport Road. Any unused service connections are to be disconnected or plugged at the owner's expense. The owner will be required to pay a sanitary sewer frontage charge. If you have any questions or require further information, please do not hesitate to contact me. , , I . ,~ ;>1.4 /1 .' l/JI"!- f; ~' , /" l ~ / Y~f/'ilj./L./ \ Dwayne Campbell, Planner Current Planning cc: Peter Castellan, Regional Works Department onservaoon ~3Yor The Living City June 8, 2006 Ix /'/,(:7 REceIVED CFN 37347.05 XREF CFN 37328 8Y FAX AND MAIL (fax. 905.420.7648) I'/'f\[ 'j 1. "" . '''1. Iv ' 'r lUOo CITY OF PI PlANNING & DE~~l~~~t~ DEPARTMENT Rick Cefaratti City of Pickering Pickering Civic Centre One The Esplanade Pickering, ON L 1V 6K7 Re: Zoning By-Law Amendment No. A 05/06 1741 Fairport Road City of Pickering 1685279 Ontario Inc. Thank you for the opportunity to review Drawing A-1 01, Site Plan, prepared by Arsenault Architect Inc., dated April 2, 2006, received on May 11, 2006 submitted in support of the above noted Zoning By-law Amendment application. TRCA offers the following comments. Background It is our understanding that the application is to amend the existing zoning to permit the cevelopment of two buildings for retail commercial uses. The property is currently zoned "R3" Detached Dwelling and subject to Draft Plan of Subdivision S-P-2005-01 under appeal to the OMF3. The subject property is located on the east side of Fairport Road, north of Sheppard iwenue in the City of Pickering. No development is proposed as part of this application. Site-specific Comments The property is outside of the TRCA's Regulated Area under Ontario Regulation 166/6 and there are no natural features on or adjacent to the site that may be impacted by the proposed development. However, due to the downstream erosion problems associated with Amberlea Creek, the TRCA would like to be circulated any associated Site Plan applications in order to ensure stormwater quantity, quality and erosion control are adequately addressed for this site. Please note for future reference that the stormwater management criteria for this site are: Quantity Control = 2 -100 year post to pre-control; Quality Control = Level 1 ; and Erosion Control = 25 mm held for 24-48 hours. Please note that the Site Plan provided mayor may not be able to accommodate these criteria. TRCA Application Fees We ~nderstand that the property may have been sold by R & D Investments to 1685279 Ontario inc., however we require confirmation as to ownership. By copy of this letter, the applicant and R & 0 Investments are advised that there remains an outstanding application fee of $2,500 owing to the Toronto and Region Conservation Authority by R & D Investments for review of the Subdivision application. We will be pursuing payment of this fee through all means necessary. ';r1<:; appropriate landowner should therefore forward payment to this office at their earliest convenience. Please note that comments regarding any associated planning applications for this site will not be provided until the outstanding fee is paid in full. For further clarification, please contact me directly. F:\HOME\PUBLlC\OEVELOPMENT SERVICES\OURHAM REGION\PICKERING\1720 FAIRPORT_2'oOC 5 5horeham Drive, Downsview, Ontario M3N 154 (4161 661-6600 FAX 661-6898 www.trca.on.ca m.'.OO'"'". ~~~ . FIII"~.~ . /2 / '1: () '7 " ') ,': .!.. .::J ,t Rick Sefaratti - 2 - June 8, 2006 Recommendation In light of the above, TRCA staff have no objections to the Zoning By-law Amendment application subject to payment of all outstanding TRCA application fees. Please circulate any associated development applications to the TRCA for review and comment. We trust this is satisfactory. Please feel free to contact me if you have any questions. ~e~. If u-cLr k::: H'euchert, MCIP, RPP, MRTPI Sei,ior Piailner Planning and Development Extension 5311 cc: Franco Romano, Action Planning Consultants (905.822.0556) 1685279 Ontario Inc. (fax. 416.482.8053) R & 0 Investments Ltd., 227 Bridgeland Avenue, Toronto, ON M6A 1Y7 Julius DeRyter, PMG Planning (fax. 416.787.0004) Page 1 of 1 '" r.. ",' .!..;j ,J /3 /1' 7 Cefaratti, Rick From: Geoff.Woods@cn.ca Sent: Thursday, June 29, 2006 5:03 PM To: Cefaratti, Rick Subject: Proposed Zoning By-law Amendment, File No. A 05/06, 1741 Fairport Road Rick, CN has reviewed the above noted application and has the following comments: 1. The Owner must install and maintain at his own expense, a chain link fence of minimum 1.83 metre height along the mutual property line. 2. Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. In addition, rail noise, vibration and safety should be considered in the design of the development, to the satisfaction of the municipality. Specifically, CN recommends appropriate building setbacks from the railway right- of-way, as close to 30 m as is practicable. We request notice of Council's decision. Regards, ########################################## Geoft Woods, BES, MCIP, RPP Manager, Community Planning and Development CN Business Development & Real Estate 1 Administration Road Concord ON L4K 1 B9 Tel.: 905-760-5007, Fax: 905-760-5010 Email: geoff.woods@cn.ca #########################tf1:fftftltftftftft######## 6/30/2006 Citlf o~ REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 20-07 Date: June 4, 2007 "1')"'1 .!..:JO From: Neil Carroll Director, Planning & Development Subject: Sustainable Neighbourhood Plan Project - Working Draft of the Scorecard for Neighbourhood Sustainability - Draft Sustainable Development Guidelines for Neighbourhoods - Draft Sustainable Development Guidelines for Subdivisions / Sites / Buildings - District Energy Pre-feasibility Report for Central Pickering - File: D-11 00-028 Recommendation: 1. That Report PD 20-07 of the Director, Planning & Development, regarding the Sustainable Neighbourhood Plan project, be received; 2. That the Consultants' Final Report on the Sustainable Neighbourhood Plan project, [distributed under separate cover and available on the City's website at cityofpickering.com], prepared by Dillon Consulting Limited, Joseph Bogdan & Associates and Halsall Associates Limited with FVB Energy Inc., dated May 2007, be received by Council and that: a. the Draft Sustainable Development Guidelines contained as Appendices A and B to the Consultants' Final Report be: i. used as input to the development of the sustainability performance measures and benchmarks required for Seaton; ii. used as input to the sustainability components of the Pickering Official Plan Review; and iii. released to other organizations for input to their research on sustainable development and the Leadership in Energy and Environmental Design - Neighbourhood Developments (LEED-ND) framework in Canada, including the Federation of Canadian Municipalities, Canada Green Building Council, and Canada Mortgage and Housing Corporation; b. staff be authorized to continue participating in the professional and academic discussions regarding sustainability and LEED-ND; and c. the District Energy Pre-feasibility Report for Central Pickering contained as Appendix D to the Consultants' Final Report, dated May 2007, be made available to all those interested, and used as input to the Energy Management Plan required as part of the Master Environmental Servicing Plan for Seaton; and Report PO 20-07 June 4, 2007 Subject: Sustainable Neighbourhood Plan Project Page 2 .. n ,., .::..;;1 3. That Council receive for information the Working Draft of the Scorecard for Neighbourhood Sustainability and request staff to report back with a Final Draft and a User's Guide later this year; 4. That staff conduct a consultation workshop in the fall to obtain comments from stakeholders on the Draft Scorecard and User's Guide; 5. That a copy of Report PO 20-07 of the Director, Planning & Development and the Consultants' Final Report be forwarded to the Federation of Canadian Municipalities, with appreciation for the funding assistance provided for this project; and 6. Further, that a copy of Report PO 20-07 of the of the Director, Planning & Development and the Consultants' Final Report, be forwarded to others who assisted or expressed an interest in the City's work including the Canada Green Building Council, Canada Mortgage and Housing Corporation, Ministry of Municipal Affairs and Housing, Toronto and Region Conservation Authority, Region of Durham, City of Toronto, Town of East Gwillimbury, Town of Oakville, the Clean Air Partnership and the Chelsea Foundation. Executive Summary: Four important pieces of work have been completed through this last stage of the Sustainable Neighbourhood Plan project: 1. Working Draft of the Scorecard for Neighbourhood Sustainability; 2. Draft Sustainable Development Guidelines for Neighbourhood Plans; 3. Draft Sustainable Development Guidelines for Subdivisions / Sites / Buildings; and 4. District Energy Pre-feasibility Assessment for Central Pickering. The Draft Sustainable Development Guidelines, completed by Dillon Consulting Limited, Joseph Bogdan Associates and Halsall Associates Limited provide an important contribution to the development of a Leadership in Energy and Environmental Design - Neighbourhood Developments (LEED-ND) based certification system for new neighbourhoods in the Ontario context (adapted from the draft American version). The Draft Guidelines are provided as Appendices A and B to the Consultants' Final Report, dated May 2007. The Consultants' Final Report is being distributed under separate cover and is available on the City's website at sustainablepickering.com. The Draft Guidelines are based on significant research and have produced a valuable source of targets for sustainable development in Pickering. Accordingly, it is recommended that the Draft Sustainable Development Guidelines be used as input to the two key City projects: the performance measures and benchmarks required for Seaton; and the Pickering Official Plan Review. It is also recommended that the Draft Guidelines be made available to those organizations researching sustainability and LEED-ND, and that staff be authorized to continue discussion with these agencies as part of the City's sustainable journey. Report PD 20-07 June 4, 2007 Subject: Sustainable Neighbourhood Plan Project Page 3 "" t)'..., .!..,jd A Best Practices Review, which helped inform the Draft Guidelines, is contained as Appendix C to the Consultant's Final Report. This Appendix was previously released with Dillon's Interim Report on the Sustainable Neighbourhood Plan project (June 2006). The LEED-ND system is structured to apply to new development, and is not easily adaptable to existing development. Consequently, staff identified the need to develop a system or "scorecard" to evaluate the sustainability levels of existing neighbourhoods. Although work is still underway on the specific measures to be used, a Working Draft of the Scorecard for Neighbourhood Sustainability is provided as Appendix I to Report PD 20-07. A Final Draft Scorecard and User's Guide will be brought back to Council later this year and will also be the subject of further consultation with stakeholders. Lastly, an investigation of district energy was undertaken for Central Pickering. The results are summarized in the report entitled District Energy Pre-feasibility Report for Central Pickering, dated January 2007, and found as Appendix D to the Consultants' Final Report on the Sustainable Neighbourhood Plan, dated May 2007. The investigation concluded that a Seaton-wide district energy system was not likely feasible. However, higher density and mixed-use areas may support a district energy system. Financial Implications: With receipt of the work from Dillon et ai, the City will be able to request the remaining contribution from the Federation of Canadian Municipalities (FCM) Green Municipal Enabling Fund (GMEF), which covered 50% of the study cost. The remaining contribution is $61,250. Selected consulting assistance is anticipated for the consultation/workshop sessions, completing the Draft Scorecard and User's Guide, professional writing and editorial assistance in preparing articles promoting and explaining the City's work, and for staff training. The approved 2007 Planning & Development budget has two line items related to the Sustainable Neighbourhood Plan project: a line item for "Prof/Tech Assistance for Implementing the Sustainable Development Guidelines" in the amount of $25,000 as well as "Prof/Tech Assistance with Sustainability/LEED expertise for general department support" in the amount of $25,000 (Consultative and Professional Account 2611.2392.0000). Sustainability Implications: The sustainable neighbourhood plan project is directly related to the Sustainable Pickering objective of "responsible development". The draft sustainable development guidelines, which address different scales of development (neighbourhoods and subdivisions / sites / buildings), is a new resource for further evaluation of a LEED-ND based certification system, as well as potential targets for new development in Pickering (both South Pickering infill and redevelopment, and Seaton). The District Energy Pre-feasibility Study for Central Pickering provides background information for subsequent implementation plans (such as an integrated energy management plan as part of the master environmental servicing plan for Seaton). Report PD 20-07 June 4, 2007 Subject: Sustainable Neighbourhood Plan Project Page 4 $ I)" .:..~,-1 The Neighbourhood Scorecard and User's Guide under development will be a new resource to allow evaluation of the level of sustainability in existing neighbourhoods and monitor changes over time. Background: 1.0 Pickering is on a sustainable journey. Several City initiatives came together in the last two years resulting in the initiation of a City-wide sustainability program called Sustainable Pickering. The City recognizes sustainability as a journey, not a one time effort. In 2005, under Council's Benchmarking for Sustainability Committee, a local perspective on sustainability was established, based on integrating the three lenses representing ecological, social and economic views. Through community consultation, the City then developed a conceptual framework for Sustainable Pickering with five objectives: 1. Healthy environment; 2. Healthy society; 3. Healthy economy; 4. Responsible development; 5. Responsible consumption. The Sustainable Neighbourhood Plan project is directly related to the fourth objective - responsible development. 2.0 The purpose of the Sustainable Neighbourhood Plan (SNP) project changed since its inception from demonstrating why sustainable development should be done, to what sustainable neighbourhood development is. The SNP project has evolved over the last 2-3 years. Originally, the project was to prepare a neighbourhood plan for the first phase of development under the City's Growth Management Study (2003). When the Provincial Seaton planning process took over, the SNP project was refocused on demonstrating why sustainable development should be done. At this point, the City applied for and received a grant under the Federation of Canadian Municipalities Green Municipal Enabling Fund (2005). However, as work progressed and consultation was undertaken in early 2006, the mindset of the broader community had changed so substantially that there was no longer a need to convince stakeholders YW.Lsustainable development should be done, but rather, there was a need to show stakeholders what constitutes sustainable development. Report PD 20-07 June 4, 2007 Subject: Sustainable Neighbourhood Plan Project Page 5 <II J!. ,~ ..!...'-t.J Furthermore, with Pickering Council's continuing leadership in the area of sustainable development, policies were included in the Provincial Central Pickering Development Plan (May 2006) requiring the preparation of performance measures and benchmarks for sustainability, that are to be incorporated in the neighbourhood plans for Seaton. The neighbourhood planning process is anticipated to commence in 2007. 3.0 The City of Pickering Sustainable Development Guidelines are the first draft of a certification system for new neighbourhoods, adapted for the Ontario context, from the draft American Leadership in Energy and Environmental Design - Neighbourhood Developments (LEED-ND) rating system. In September 2005, the US Green Building Council released the draft Leadership in Energy and Environmental Design Neighbourhood Developments (LEED-ND) rating system. This system was identified as a potential model for Pickering's sustainable development guidelines. The LEED-ND certification system is based on achieving required design elements, and a number of optional design elements for which points are assigned. Point ranges are assigned different certification levels: certified; silver; gold; and platinum. LEED certification systems have been used in the US and Canada, particularly for the construction of individual buildings. The Canadian Green Building Council is also looking at developing a LEED-ND system for Canada, but to-date, nothing is available. Dillon et al prepared two guidelines to reflect the different scales of development. Guideline #1 addresses the neighbourhood scale of development, and identifies required elements of sustainable design to be met plus optional elements that provide points. A rating system is also identified. Guideline #2 addresses the subdivision I rezoning I site I building scale. Similarly, it identifies required and optional elements, and the point system. The Guidelines are provided as Appendices A and B to the Consultants' Final Report [distributed under separate cover, and also available on the City's website at sustainablepickering.com]. 4.0 Some significant challenges were identified in working with a LEED-ND based certification system. In reviewing the draft Guidelines, staff identified a number of concerns with continuing forward with a LEED-ND based system that were not evident at the outset. Staff's observations on the advantages and disadvantages of the system are summarized below. Report PO 20-07 June 4, 2007 Subject: Sustainable Neighbourhood Plan Project Page 6 .. 'it.:' .:...'1:1 4.1 Advantages . "LEED" has some brand-name recognition. . LEED certification for buildings has some degree of familiarity in both the US and Canadian market. . LEED-ND is a voluntary certification system. . A certification system provides market differentiation and promotion for both the development industry and municipalities. . A national rating system provides comparison across the country. 4.2 Disadvantages · LEED-ND in the US is not well tested (it is just now in a pilot phase). · Unless mandated by policy or resolution of Council, certification is voluntary. · Certification process takes time, effort and some expense. · Certification is a one-time process that applies only to new development (i.e., it cannot be used for existing neighbourhoods, or to assess changes). · The sophisticated planning and development system in Ontario, and in particular in the Greater Toronto Area (GTA) results in many of the "optional" elements in the draft US framework becoming "required" elements in the GTA context. · A significant number of required elements duplicate existing policy documents, and thus may result in only a moderate improvement in the quality of neighbourhood development over current requirements. · With the significant number of required elements (39 of 50 in Guideline #1, and 47 of 90 in Guideline #2), there are fewer optional items (and thereby less flexibility) from which to achieve points. · The system is inflexible since failure to achieve one of the many required items means that certification cannot proceed. The disadvantages of the LEED-ND based certification system only became evident in reviewing the Draft Guidelines. Staff has some concerns that adopting a LEED-ND based certification system may not be the best course of action for the City. However, a number of other agencies are researching sustainability and LEED-ND, and the Draft Guidelines would provide valuable input to their initiatives. By making the Draft Guidelines available to these organizations, and authorizing staff to continue discussions with them, there will be opportunities for continuing exchange of ideas. For Pickering, the identification of draft sustainable development targets and the fundamental research upon which they are based, can be extracted from the Draft Guidelines. The information will provide valuable input to two City initiatives: the Seaton neighbourhood planning process; and Pickering Official Plan Review. For Seaton, sustainability performance measures and benchmarks are required. For the Official Plan Review, the sustainability components of the Plan need strengthening. Report PO 20-07 June 4, 2007 Subject: Sustainable Neighbourhood Plan Project Page 7 .. 4'~ " - ~~" 5.0 A "Neighbourhood Sustainability Scorecard" and "User's Guide" for existing neighbourhoods are also under development as a complement to the draft sustainable development guidelines. Staff is also working on a Scorecard for Neighbourhood Sustainability that would address sustainability levels in existinQ neighbourhoods, whereas the Draft Sustainable Development Guidelines address Qreenfield neighbourhoods. Much of Pickering's new development will occur as redevelopment and infill in existing neighbourhoods. Thus, the ability to evaluate the sustainability level within an existing neighbourhood, and track changes in sustainability levels over time, is essential. A Working Draft of the Scorecard is attached as Appendix 1. Staff has identified six attributes of neighbourhood development that contribute to its level of sustainability. The attributes are: . Complete & Connected; . Land-Efficient & Transit-Friendly; . Safe & Comfortable; . Adaptable & Resilient; . Energy-& Resource - Efficient; and . Green & Healthy. Staff has identified the key characteristics that influence each of the main attributes. The intent is that a score be calculated for each of the main attributes, which can then be tallied to give a "neighbourhood sustainability score". Although the Scorecard draws in part on the Draft Guidelines, the specific approach to measuring the characteristics and assigning the score is still under development as a User's Guide. Staff will report back to Council with a draft later this year. 6.0 District Energy was also investigated for its opportunity to contribute to a more sustainable Seaton. Another part of the SNP project was an investigation of district energy for Seaton. A District Energy Pre-feasibility Report for Central Pickering was prepared by FVB Energy Inc. and is contained as Appendix D to the Consultants' Final Report. The Report concluded there were some opportunities for district energy, in selected neighbourhoods with proportionately greater amounts of higher density residential and mixed uses. The Employment Areas were reviewed for district energy opportunities. The Report assumed a development build-out similar to the Whites Road / Granite Court Business Park in South Pickering. On this basis, the report concludes that the business case for district energy to serve the Employment Areas is somewhat limited. Report PD 20-07 June 4, 2007 Subject: Sustainable Neighbourhood Plan Project Page 8 .. ~ c , .:- ,) It is recommended that the District Energy Pre-feasibility Report be made available to all those interested, and as input to the Energy Management Plan required as part of the Master Environmental Servicing Plan for Seaton. Appendix: Appendix I: Working Draft of the Scorecard for Neighbourhood Sustainability Prepared By: ~~ Catherine Rose, MCI~ P Manager, Policy Approved I Endorsed By: Tom Melymuk, CIP, PP Director, Office of Sustainability PP ng & Development CR:jf Attachments Copy: Chief Administrative Officer Director, Corporate Services & Treasurer Director, Operations & Emergency Services Recommended for the consideration of Pickering Ci / 0 .f APPENDIX I TO REPORT PO 20-07 WORKING DRAFT OF THE SCORECARD FOR NEIGHBOURHOOD SUST AINABILlTY " "" .:.."i ~t ..;; 4- .:.. J Working Draft of the Scorecard for Neighbourhood Sustainability City of Pickering Planning & Development Department May 2007 Working Draft of the Scorecard for Neighbourhood Sustainability ~4t"\ .:.. . f) Attribute 1: Complete & Connected What we mean by Complete & Connected . The neighbourhood offers a choice of housing types suitable for all types of households and all ages of residents. . The neighbourhood contains homes, shops, and workplaces. . Residents have many choices for getting around (walking, cycling, transit, private car) and many choices of routes. Characteristics to consider in evaluating Complete & Connected . Is there variety in the housing types and tenures (such as housing for seniors, affordable housing, rental housing, condos, live-work options)? . Is there a variety of workplaces within the neighbourhood? . Are the blocks fairly short, so that you have a choice of routes to any given destination? . Can most residents walk from their homes to shops and services such as banks, hairdressers, recreation facilities, schools, and workplaces? . Is there transit, trails, bike paths and bike lanes within a convenient distance of residents' homes and local businesses? . Are parks and greenspaces easily accessible from the neighbourhood? Attribute Score Using a scale of 0 to 10, where "0" means "the neighbourhood has none of these characteristics" and "10" means "the neighbourhood has all of these characteristics," insert a score for the attribute Complete & Connected: Score: City of Pickering May 2007 Page 1 ~ 11':' .:..."if Working Draft Scorecard for Neighbourhood Sustainability Attribute 2: Land-Efficient & Transit-Friendly What we mean by Land-Efficient & Transit-Friendly . Shops, services, and other land uses are clustered together, and close to where many people live and work, so walking to them is easy and transit can serve the neighbourhood conveniently. . The neighbourhood contains plenty of jobs and/or residents compared to the amount of land the neighbourhood occupies. Characteristics to consider in evaluating Land-Efficient & Transit-Friendly . Are there more than 50 jobs and residents per hectare in the neighbourhood? (Planning staff can help provide this information). . Are there more than 30 dwelling units per hectare in the neighbourhood? (Planning staff can help provide this information). . Are non-residential uses clustered together or located along main roads? . Are there shops in a variety of sizes in the neighbourhood? . Does the neighbourhood have transit service? Does it run fairly frequently? . Are there bus-only rights-of-ways on the main roads? . Do most people in the neighbourhood live within a short walk of a transit stop? Attribute Score Using a scale of 0 to 10, where "0" means "the neighbourhood has none of these characteristics" and "10" means "the neighbourhood has all of these characteristics," insert a score for the attribute Land-Efficient & Transit-Friendly: Score: City of Pickering May 2007 Page 2 Working Draft Scorecard for Neighbourhood Sustainability " /I ..~ ..L '-tool Attribute 3: Safe & Comfortable What we mean by Safe & Comfortable . People want to walk in the neighbourhood because the area feels safe, there are interesting things to look at, there are other people around at all times, there are public benches to rest on, and walkways are sheltered from rain, wind, or sun. . Development is designed on a scale that does not overpower pedestrians and in a way that allows for people to see and be seen, which contributes to safety. Characteristics to consider in evaluating Safe & Comfortable . Are there sidewalks on the street? . Do the buildings that you see as you walk make you feel enclosed and sheltered? . Are there other pedestrians on the street, and do you have a sense of other people around when you walk? . Does traffic move at a pace that makes you feel safe? . Are there laneways for garages, so that people don't have to park in front of the houses? . Are public areas well-lit during the evenings? . Are parks and open spaces clearly visible from public streets? . Are there open fences or hedges that you can see through (rather than solid walls) to separate properties or different land uses? . Are there lots of windows facing the street, so people inside the buildings can watch the passing pedestrians and traffic? Attribute Score Using a scale of 0 to 10, where "0" means "the neighbourhood has none of these characteristics" and "10" means "the neighbourhood has all of these characteristics," insert a score for the attribute Safe & Comfortable: Score: City of Pickering May 2007 Page 3 .... 4 -, .L .-1 Working Draft Scorecard for Neighbourhood Sustainability Attribute 4: Adaptable & Resilient What we mean by Adaptable & Resilient . The neighbourhood is likely to age gracefully over time, adding new uses, residents, and workers while keeping the best of its heritage. Characteristics to consider in evaluating Adaptable & Resilient . Are there properties available on main roads that could accommodate new shops and services? . Do the uses at the main intersections create places that attract pedestrians and many users? . Does the layout of the neighbourhood include land that could accommodate buildings of varying sizes? . Does the neighbourhood contain buildings of different ages? . Are there heritage buildings or properties in the area? . Do plans for the neighbourhood allow for the addition of new buildings and services? Attribute Score Using a scale of 0 to 10, where "0" means "the neighbourhood has none of these characteristics" and "10" means "the neighbourhood has all of these characteristics," insert a score for the attribute Adaptable & Resilient: Score: City of Pickering May 2007 Page 4 Working Draft Scorecard for Neighbourhood Sustainability "" i.- <") .f. ~) \ J Attribute 5: Energy- & Resource-Efficient What we mean by Energy- & Resource-Efficient . The neighbourhood is designed to help residents and workers minimize the use of water and non-renewable energy sources every day. . Buildings are designed so that they don't need as much air-conditioning in summer or heating in winter, and are built with sustainable materials. . A reduced use of energy from non-renewable sources means reduced greenhouse gas emissions. Characteristics to consider in evaluating Energy- & Resource-Efficient . Are many driveways, walkways, and open areas designed without hard surfaces, so rainwater soaks in instead of running off into storm sewers? . Are most of the plants in parks and gardens the kind that need little watering? . Are the hard surfaces in the area light-coloured, to deflect away the sun's heat in the summertime and reduce the need for air-conditioning? . Are any of the buildings made with recycled materials such as recycled certified wood or recycled plastic or glass? . Is there a district energy system in the neighbourhood, or plans for one? . Are there any LEED-certified buildings in the neighbourhood? Are there any other "green buildings" (buildings specially designed to use less energy and water and generate fewer greenhouse gas emissions) in the neighbourhood? . Are there any buildings with green roofs or roof-top gardens? . Do any buildings have solar panels or wind turbines on the roof? Attribute Score Using a scale of 0 to 10, where "0" means "the neighbourhood has none of these characteristics" and "10" means "the neighbourhood has all of these characteristics," insert a score for the attribute Energy- & Resource-Efficient: Score: City of Pickering May 2007 Page 5 .. r.':" .' ,: ;~4 Working Draft Scorecard for Neighbourhood Sustainability Attribute 6: Green & Healthy What we mean by Green & Healthy . The neighbourhood contains protected natural features and green areas. . The neighbourhood is designed to maintain good water quality in neighbouring rivers and streams, . The neighbourhood protects the health of humans, animals, and plants. Characteristics to consider in evaluating Green & Healthy . Are there parks and trails that allow residents and visitors to the neighbourhood to walk and bike in green areas? . Are the natural areas in good condition (plants are thriving, birds and animals live there)? . Are important natural features (such as a stream, a special landform, or a shoreline) protected from destruction or pollution? . Are measures in place to protect water quality, such as stormwater management ponds? . Is the air quality good in the neighbourhood (for example, there are few or no places where people tend to idle cars)? Attribute Score Using a scale of 0 to 10, where "0" means "the neighbourhood has none of these characteristics" and "10" means "the neighbourhood has all of these characteristics," insert a score for the attribute Green & Healthy: Score: City of Pickering May 2007 Page 6 Working Draft Scorecard for Neighbourhood Sustainability ..;r.::::"" 1.;) f_ Neighbourhood Score Insert total score for Neighbourhood by tallying scores from each attribute Neighbourhood Score: /60 City of Pickering May 2007 Page 7 Ciiq o~ REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PD 21-07 Date: June 4, 2007 ... r.:: ,- .L ;) .) From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 1/07 811501 Ontario Limited 954 Dillingham Road Part of Lot 19, Range 3, B.F.C. (Part 1, 40R-3328) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 1/07 be approved to amend the permitted uses for the subject property to permit a gymnastics facility, on lands being Part of Lot 19, Range 3, B.F.C., Part 1, 40R-3328; 2, That a portion of the lands described as that part of Part of Lot 19, Range 3, B.F.C., Pickering, designated as Part 1, and Part 2, Plan RD-366 be declared surplus to the needs of the Corporation for the purpose of sale; 3. That the CAO be authorized to negotiate the sale of the subject lands exclusively with 811501 Ontario Limited, for incorporation into their property at 954 Dillingham Road for the purpose of providing additional area for vehicle parking; 4. That the CAO report back to Council detailing the exact location and dimensions of the lands for sale, the negotiated terms and conditions, and to seek authorization to effect the sale of the subject lands, and 5. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 1/07, as set out in Appendix I to Report PD 21-07, be forwarded to City Council for enactment. Executive Summary: The applicant requests an amendment to the zoning by-law to add recreational use, including a gymnastics facility, as a permitted use on the lands, located on the west side of Dillingham Road in the Brock Industrial Neighbourhood. It is the applicant's intention to convert the existing one storey industrial building or redevelop the site to accommodate a gymnastics facility, known as the "Pickering Athletic Centre", with ancillary offices, viewing mezzanines and gymnasiums. The proposed facility will be approximately 1950 square metres in size. The recommended uses are compatible and appropriate for the subject lands and conform to the Pickering Official Plan. Report PO 21-07 Date: June 4, 2007 Subject: 811501 Ontario Limited (A 1/07) Page 2 The parking provisions of applicant's initial conceptual plan submitted with the application were considered inadequate. Through consultation with City Staff, the applicant now proposes to acquire surplus lands from the southerly abutting City property (Don Beer Arena), and incorporate these lands into the site for parking purposes. This action increases the number of parking spaces from 49 to 87 spaces, and addresses the increased parking demands associated with major events such as gymnastics competitions or tournaments. Issues pertaining to the ultimate site development and design will be addressed through the implementing zoning by-law, appropriate agreements and the required site plan approval process. It is recommended that this application be approved, that the draft by-law be forwarded to City Council for enactment, and that a Resolution be passed allowing the CAO to pursue the sale of the sodded portion of City-owned lands immediately along the northern boundary of the Don Beer Arena property at 940 Dillingham Road to 811501 Ontario Limited. Financial Implications: The City will obtain a financial benefit from the sale of a portion of the lands associated with the Don Beer Arena to the owner of the property subject of this application. The sale price for the land is unknown at this time. Sustainability Implications: This development proposal provides for the potential adaptive reuse of an existing building, and takes advantage of existing infrastructure within the City's urban area. The applicant has indicated a desire to achieve a Leadership in Energy and Environmental Design (LEED) certification. The applicant's revised proposal generally represents a sustainable approach for the development of the subject lands. Background: 1.0 Comments Received 1.1 At the April 2, 2006 Public Information Meeting No public comments were received at the Public Information meeting (see text of Information Report and Meeting Minutes, Attachments #4 & #5). 1.2 City Department and Agency Comments Region of Durham Planning Department No matters of provincial interest are applicable to this application; Municipal water supply and sanitary sewer services are available to the subject property; Specific uses, such as a gymnastics facility may be defined in the city's zoning by-law. <Ii r.::::" 1. 0 '-t Report PO 21-07 Date: June 4, 2007 Subject: 811501 Ontario Limited (A 1/07) Page 3 .o! r.:'~ .L iJ3 other agency that provided any comments has any objection to the subject applications. 2.0 Discussion 2.1 Use and Compatibility 2.1.1 The proposed qymnastics facility complies with the Durham Reqional Official Plan and Pickerinq Official Plan desiqnation The applicant's proposal conforms to the Region of Durham Official Plan which designates the subject property 'Employment Area'. The subject property is designated Employment Area - General Employment in the Pickering Official Plan. This designation includes light manufacturing, assembly and processing of goods, warehousing, offices, community, cultural and recreational uses. Approval of the zoning by-law amendment to permit a gymnastics facility would conform with the City's Official Plan. 2.1.2 A qymnastics facility is an appropriate and compatible use within the Brock Industrial Neiqhbourhood Indoor recreational facilities, including gymnastics facilities, are space intensive uses that are compatible within the industrial area. These uses tend to operate outside of regular business hours of the surrounding industrial neighbourhood, therefore it is not anticipated that the vehicular traffic generated by a gymnastics facility would adversely impact the existing road network in the area. A gymnastics facility falls under the City's 'commercial recreational establishment' use definition. This definition also permits, amongst other uses, a bowling alley, roller rink, miniature golf, squash courts and indoor recreational facilities. Some of these uses generate a high demand for parking spaces. Due to the parking constraints associated with this property, it is recommended that the zoning be approved for a gymnastics facility only. 2.2 Additional Parking is required for the Gymnastic Use and may be accommodated by purchasing land from the southerly abutting property (Don Beer Arena - City Owned) The applicant's initial proposal illustrating 49 parking spaces, was included in Information Report prepared for the April 2, 2007 Public information Meeting (see Attachment #4). Report PO 21-07 Date: June 4, 2007 Subject: 811501 Ontario Limited (A 1/07) Page 4 of r.:: ..., ..t..;) U Following the Public Information Meeting, the applicant consulted with City staff to address staff's concern regarding available parking and submitted a revised conceptual site plan. The applicant's revised conceptual plan illustrates additional parking on lands to the south, that are currently under the ownership of the City of Pickering and that form part of the Don Beer Arena site (see Attachment #3). If the surplus City lands are sold and incorporated into the site, a total of 87 vehicle parking spaces could be provided. This level of parking is considered adequate for a gymnastics facility. The applicant's concept also illustrates appropriate pedestrian connections and the provision of sufficient area available for landscaping buffers. The applicant will be required to submit more detailed site plan drawings that reflect this conceptual plan through the Site Plan Approval Process. The plan must also address overall site design and function, including the provision of pedestrian connections, appropriate landscaping/buffering, garbage collection, and appropriate fire routing. 2.2.1 Sodded lands on the north side of Don Beer Arena should be declared surplus to the needs of the City A sodded strip of land approximately six metres wide currently separates the subject property from the north driveway of the Don Beer Arena site. Based on preliminary comments from the Municipal Property & Engineering Division, the sale of the above-mentioned sodded strip of land to 811501 Ontario Limited is acceptable. They advise that this land has no operational value to the arena function. It is recommended that this portion of the Don Beer Arena lands be designated surplus to the needs of the Corporation for the purpose of sale to 811501 Ontario Limited for the provision of additional parking. 2.3 Text Amendments to Zoning By-law 2511 should be enacted It is recommended that the zone requirements for the proposed development be regulated by way of text amendments to the "M2" Industrial Zone, By-law 2511, to include a gymnastics facility as a permitted use, and requiring parking to be provided at a rate of 4.0 spaces per 100 square metres for such use. In order to comply with this parking requirement the owner will need to acquire surplus City lands or significantly reduce the floor area of the proposed facility. Surplus City lands do not need to be re-zoned from their current M2-lndustrial zoning to permit use for parking purposes. The recommended conditions of approval for the implementing Zoning By-law are described in Appendix I to this Report. Report PD 21-07 Date: June 4, 2007 Subject: 811501 Ontario Limited (A 1/07) - r.: '.' .1..J{ Page 5 3.0 Applicant's Comments: The applicant is aware of the content in this Report. APPENDICIES: Appendix I: Recommended Conditions of Approval Appendix II: Draft Text and Schedule Amendments to By-law 2511 Attachments: 1. Location Map 2. Applicant's Initial Concept Plan 3. Applicant's Revised Concept Plan 4. Text of Information Report 5. Minutes from Statutory Public Meeting Prepared By: Approved / Endorsed By: ~) .~ .-;t~t!// ,RPP g & Development ~~ //~ , L;L, /lltitt! Rick Cefaratti Planner II RC:jf J:\REPORTS\PLAN\2007\PO XX-07 - RC - 954 Dillingham Rd . 811501 Ontario Limited,doc Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council .1 #' ~ APPENDIX 1 TO REPORT PD 21-07 .. r.:"'" .1..J() Recommend Conditions of Approval for Implementing Zoning By-law Zoning By-law Amendment Application A 01/07 1. That the implementing zoning by-law: a) add a gymnastics facility as a permitted use on the property; b) require parking to be provided at a rate of 4.0 spaces per 100 square metres of gross leasable floor area. 4r.""'" _L.J;J APPENDIX II TO REPORT PO 21-07 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 01/07 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. ... F' . ..:... :, ; j 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, on Part of Lot 19, Range 3, Broken Front Concession, (Part 1, 40R-3328), in the City of Pickering. (A 1/07) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a gymnastics facility in Part of Lot 19, Range 3, Broken Front Concession, (Part 1, 40R-3328), in the City of Pickering; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT Section 17 - Industrial Zone - "M2" is hereby amended by adding the following after subsection 17.4.4: 17.4.5 - Part of Lot 19, Range 3, Broken Front Concession, designated as Part 1, 40R-3328 (1 ) Provisions In addition to the provisions of Section 17.1 hereof, the lands designated "M2" on Schedule "I" to By-law may be used for the purpose of a Gymnastics Facility, in accordance with Section 17.2 provided that the following requirements are met: (a) the parking ratio shall be, 4.0 spaces per 100 square metres of gross leaseable floor area, or portion thereof. 2. BY-LAW 2511 By-law 2511, 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 2511, as amended. " ('\ .!..ul 3. EFFECTIVE DATE - 2 - This By-law shall come into force in accordance with the provisions of the Planning Act, if required. ~~~:t~o~ead a first, second, and third time and finally passnftA~taY of Debi A. Bentley, City Clerk ~~ ~~ ~-~ ....-...",....- --- ~~ ~~~ _.......- -~~ ~~ ~~~ ~-- (-~~~ \ \ I \ \ \ I \ \ \ \ I I I -~ ~c;t ;~ SSION \>.1'~\>.1 ONC'i: ;;~?'. f\>.ON1 ~I' ~O\>.~ e\>.0....t~01 \9. 1'~\>.1 \ \ I \ I I \ \ \ \ I I \ \ \ \ \ I I \ \ \ \ I \ I I \ \ \ \ \ \ \ I I \ \ \ I \ I I \ \ \ I ; #c;t ~ SION 1'i>l'-1 \. CONCt~~;oo. \>.ON1 \>.1' \>: ....tN f ~ \9. e\>.01'i>l'-1'-0 NO\>.11-1 -~~ SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2007 MAYOR - DAVID RYAN \ \ \ \ \ \ \ \ \ \ \ \ _4 ~~-- \ -,....- \ -- \ \ \ \ \ \ \ \ \ \ \ _~J ~-~ ~-~ ~~ ~~ ~- ~~ ~- -,........ ~~~ ~- ~~~ -~ -~ ~- ~- -~ -- ~- ~~ -........-... ~~ ~~ ~~- ~~ () ~ C- -z. ~ ~ ~ ~ -~~ -..,~ _,.... I __.... I I I I \ \ \ I \ \ I \ \ I \ I \ \ I \ I I I I I I \ \ -- ~- ~- ~- l' N CITY CLERK - DEBI A. BENTLEY ,of G.'" .:... ."- ~- -- -- ~-<:-~ _....- \ I \ I \ \ \ \ \ \ \ \ \ I .:'3. I' ,')', I I ..,~ --- ---........ -. ... .......-......--; ! I I I \ ! i ::.:: I I i I u f H I 1- I 0 I a:: I ..,.-.", ::.:: QJ J..UJ ::0 ...J 0 <l: J> U1 0 I I I ! I I I I I / \.. I I BAYLY STREET BAYL, t- o I '\ i <l: I 0 i a:: cc: I 0 I I 0 \ \ - w cc: \ \ u cr: z 0 \~) u I( 0 ORANGEBROOK CO <l: 0 0 RX>OO< ~ cr: 0 V' >- I SUBJECT /" PROPERTY "- QUIGLEY STREET 0 <l: 0 a:: / ~ <l: I '-' / z ::.:: ::i u ...J 0 0 a:: CD City of Pickering Planning & Development Department . PROPERTY DESCRIPTION PART LOT 19, RANGE 3 l' OWNER 811501 ONTARIO LTD. DATE MAR. 6, 2007 DRAWN BY 18 FILE No. A01/07 I SCALE 1 :5000 CHECKED BY RC :g-o 0 "iiOurC09: PN-4 Terone1. Ent."rprlses Inc:. ond its suppliers. All right~ Reser...ed. Not. 0 pion of survtlY. 2005 MPAC and its suppliers. All rignts Re:urved. Not 0 pion of Survey. 00 J- . zO C3~ ::i0 0..- a.. a: <(~ ::EZ 00 a:-r- u.O OLOf'o.. W;:Q --IOO-r- _ 0 a.. ::EZ<( 0:5 00.. Zo Qw ~t= ::E- a:::E oca u.=> ZOO ~~ a'VOH ~'VH8Nlllla ... "'" o W!z~E (I) ~~~g .~""~ LLI-.....lfJ+micn OLLg"''''' i:lO~ ~Cf; Q)~r-: LLC"iN ::i~~ + "'Lt: t t w~g.; ~6-E ~~:fij~ + .~~ g ~8~~ ~~~ u..~~ ~~~ (,$ ". yj'I'\: !t~tjfiJ ~<!~" .. ("\ ,. ~~bi" .1.. 0.1' ,,-l']~(i o.....!;:)Q:: ~~~~ ~@S1.1 iHij-ll ~~~ f;:-ll~ g~~ <;,;;>\!i ~r ",0; ;;) ~ \Q ~ ~.G3 o C/)~ 1-0 z_ <(0: ()~ ...Jz 2:0 <(T"" ~g OT"" O:T"" co LL I J'.. OZe. W T"" ...J:)O a..a..<( ~O OW ()~ Z_ O~ -co ~::l ~C/) 0:0 OW LLC/) Z- -> W 0: -''J TO # ? . '.*a/~D7 :fi PD~.. avo~ ~VH~Nl1lla ~ U. I- 0 ZWZ M:!~Qu. a:>-~oC,!) ::ltOa:~~ ooo_a: cnwa.o~ oZa:wo z~oJ:;;- :SOOI-~ ~~ljs ~~~'" !<i,,~ ~~ljj~ CI.:~...).. ~...~! ~~!( ~;ii1! u~.. ~"'~ )..~~ III !':l~~ !ii~o ~~~ ~~~ i ! ~ i!: ~ '" '" z '" -' r.\.. ..: ir '" n. U 7'rn I .. {I '} ~G'" .1..'U INFORMATION REPORT NO. 02-07 FOR PUBLIC INFORMATION MEETING OF April 2, 2007 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 01/07 811501 Ontario Ltd. 954 Dillingham Road Part of Lot 19, Range 3, B.F.C. (Part 1, 40R-3328) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are located on the west side of Dillingham Road, immediately north of Don Beer Arena; - a property location map is provided for reference (see Attachment #1); - a one storey industrial building currently exists on the subject property; - the subject property is surrounded by an automotive repair garage to the North, Don Beer Arena to the South, a vehicle collision repair facility to the East, and a Hydro Corridor to the West. 2.0 APPLICANT'S PROPOSAL - the applicant has requested to add commercial recreational uses, including a gymnastics facility, to the list of permitted uses for the subject property; - the applicant's submitted plan is provided for reference (see Attachment #2); - a conversion of the existing building is proposed including exterior and interior alterations to accommodate commercial - recreational uses with ancillary offices; - approximately 48 parking spaces are proposed to be provided on-site. Information Report No. 02-07 ~ In',' P):.I Page 2 <f ,. ..:.0 , 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reaienal Official Plan - the Durham Regional Official Plan designates the subject lands as Urban Areas - Employment Area; - the Durham Regional Official Plan permits community, cultural and recreational facilities in any designation except agricultural areas; encourages diverse, people oriented Urban Areas that meet the various needs of present and future residents of the Region, creates a sense of community and promotes social interaction; - 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 Employment Area - General Employment within the Brock Industrial Neighbourhood; permissible uses within this designation include, community, cultural and recreational uses that are more appropriately located in the Employment Area; recognizes the important role that such facilities play in meeting the evolving needs of the community; supports and encourages the provision of cultural, athletic and recreational programs by the private sector; encourages indoor athletic and recreational facilities close to the Downtown Core; - the subject applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; 3.3 Zenina By-law 2511 - the subject lands are currently zoned "M 1" Storage and Light Manufacturing by Zoning By-law 2511; - the current permitted uses for this property permits indoor storage, light manufacturing or assembly of manufactured products, business and professional offices and various non-commercial recreational uses; an amendment to the zoning by-law is required to implement the applicant's proposal to add a commercial-recreational establishment to the permitted uses on the property; - the applicant has requested an appropriate zone that would permit a gymnastics facility on the subject property. 'f Information Report No. 02-07 / "C / Page 3 4.0 RESUL lS OF CIRCULA liON of G "', ..:... . ,i',) 4.1 Resident Comments no resident comments have been received to date on the application; 4.2 Aaency Comments none 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 application in terms of its level of sustainable development components; . reviewing the proposed development in terms of compatibility with, and sensitivity to, surrounding lands; . reviewing the building location, accessibility, massing and materials, and opportunities for landscaping; . reviewing the driveway/internal road pattern to ensure proper vehicle flow through the proposed development and in relation to abutting properties and the location of visitor parking; . reviewing the adequacy of on-site parking and the availability of off-site parking on adjacent properties, if required; . reviewing the proposed development to ensure that adequate information is provided, that technical requirements are met and that the proposed site design is appropriate; - 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 INFORMA liON this application has been deemed complete in accordance with the Planning Act, - 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 and/or 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; 'f Information Report No. 02-07 ~;)/"'( "7 Page 4 1. G_:; if you wish to reserve the option to appeal a decision of the City of Pickering, you must provide oral comments at the public meeting, or written comments to the City before Council adopts for this proposal any zoning by-law amendment; - if a person or public body does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the by-law is passed, such persons or public bodies are not entitled to appeal the decision of Council to the Ontario Municipal Board, may not be entitled to be added as a party to the hearing unless, in the opinion of the board, there are reasonable grounds to do so. 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; - the City of Pickering has not received any technical information / reports on the proposed application; - the need for additional information will be determined through the review and circulation of the applicant's current proposal; 6.3 Company Principal Dennis Large, of Dalar Contracting Limited, on behalf of 811501 Ontario Limited, has submitted the Zoning By-law Amendment application. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Rick Cefaratti Planner II Lynda Taylor, MCIP, RPP Manager, Development Review RC:ld J:\REPORTS\INFOR\2007\X.X-07 - rc A 01-07,doc Attachments Copy: Director, Planning & Development f I ,~.. 7 APPENDIX NO. I TO INFORMATION REPORT NO. 02-07 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date ::J ~ 7 J. ,,I', ':"' :';1. S' -,"/'> !>lr'.I'I""'-~!~, V !. ~ -PC..,~~ / -:.() ~L.__. Excerpts from the Planning & Development Committee Meeting Minutes Monday, April 2, 2007 7:30 pm - Council Chambers Chair: Councillor Pickles (II) PART 'A' - PLANNING INFORMATION MEETING 1. Information Report No. 02-07 Zoning By-law Amendment Application A 01/07 811501 Ontario Ltd. 954 Dillingham Road Part of Lot 19, Range 3, B.F.C. (Part 1, 40R-3328) City of Pickerinq A public information meeting was helld under the Planning Act, for the purpose of informing the public with respect to an application submitted by 811501 Ontario Ltd. for property municipally k:nown as 954 Dillingham Road. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before a by-law is passed that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. No members of the public were in attendance at the public information meeting in support or opposition to application A 01/07. 1