HomeMy WebLinkAboutPD 21-07
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REPORT TO
PLANNING & DEVELOPMENT COMMITTEE
Report Number: PD 21-07
Date: June 4, 2007
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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.
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Report PO 21-07
Date: June 4, 2007
Subject: 811501 Ontario Limited (A 1/07)
Page 3
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.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
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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)
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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:
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,RPP
g & Development
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Rick Cefaratti
Planner II
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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
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APPENDIX 1 TO
REPORT PD 21-07
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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.
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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.
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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.
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3. EFFECTIVE DATE
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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
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SCHEDULE I TO BY-LAW
PASSED THIS
DAY OF 2007
MAYOR - DAVID RYAN
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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
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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
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Page 2
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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.
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Information Report No. 02-07
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Page 3
4.0 RESUL lS OF CIRCULA liON
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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;
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Information Report No. 02-07
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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
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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
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!>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