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HomeMy WebLinkAboutPD 18-07 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 ! 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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. IT # IPL' STAFF VISION FOR TOWN CENTRE WEST SON ONG5 s Y t~ PAftft ftftft THIS MAP WAS PRODUCED SY THE CITY OF PICKERING, PLANNING & DEVELOPMENT DEPARTMENT, IIVFORMA77ON & SUPPORT SERVICES, MAY 18, 2007. z ~ a. w (fJ :J Q Z :5 en Q) c -- - Q) "'C -- ::s CJ ....., c Q) E C- o - ~ Q) o 1;) ~ Q) .... ....., c Q) o c ~ o J- -:J. u 0: W ::!: ::!: o U W III :J o W x ~ .J <( i= z w o ~ 0: W III :J o W x ~ ATTACHMENT # REPORT # PO If TO .:: 7 /R ..~ ~. 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Q) Q ~ IX o ~ z W ..I l/) <C w I- ~ ii: a. C < o IX o ~ m ::::l a. C W l/) :; W IX u. I- u. ffi ~ ;: l/) w ci ~ z z w W ...J o u: z ~ I- +-' C Q) E a. D Q) > Q) Q ~ O'l C C C ca a.. z o O'l i= C c.. 1I: l/) () ::::l ~ 0 Cl ~ ~ W c.. o 0:: c.. a: w z 3: o t;TTACf1f:'[NT # G TO ORT TO 1 PD~ i g - c 7_ REP EXECUTIVE COMMITTEE ;', r. Ii 0111 , '\.." '- Report Number: PD 48-06 Date October 10, 2006 From: Neil Carroll Director, Planning & Development SUBJECT: Zoning By-law Amendment Application A 3/06 Brookdale Centre Inc. Part of Lot 23 & 24, Concession 1 1105 Kingston Road City of Pickering Recommendation: 1. That Report 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.