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HomeMy WebLinkAboutPD 29-07 REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 29-07 Date: October 1, 2007 5 5 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 3/07 BMC Bayly Park Inc. 1400, 1410 & 1420 Bayly Street Part of Lots 21 & 22, Concession 1 (Part 1 , 40R-12889) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 3/07 be approved to broaden the range of permitted uses for the subject property to include a brew-on-premises establishment, a convenience store, a financial institution, personal service shop, professional offices and limited retail stores on lands being Part of Lots 21 & 22, Concession 1, Part 1 ,40R-12889; and 2. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 3/07, as set out in Appendix III to Report PO 29-07, be forwarded to City Council for enactment. Executive Summary: The applicant requests an amendment to the zoning by-law to broaden the range of uses permitted on the property to include a brew-on-premises establishment, convenience store, financial institution, personal service shop, professional offices, and automotive service garages. The lands are located on the north side of Bayly Street, immediately east of the Go Station, and within the Brock Industrial Neighbourhood (see Attachment #1 - Location Map). The applicant is seeking approval of these uses to expand leasing opportunity and flexibility for the site. The property is designated Mixed Use Area - Mixed Corridor in the Pickering Official Plan. This designation permits a greater range of uses than the current mixed industrial-commercial zoning for the property allows. The applicant's proposal represents an appropriate interim improvement to the range of land uses permitted on the subject lands, conforms to the Pickering Official Plan, and will recognize two existing uses that are not permitted under current zoning (GoGo Sports and Daisy Mart) (see Attachment #2 - Applicant's Submitted Plan). The applicant does not propose any physical changes to the existing buildings on the property. The site was originally designed to support mixed industrial-commercial uses, and this design has brought various functional limitations to the site. In view of these limitations it is recommended that specific floor area limitations be applied to retail uses, that the current limitations on floor area devoted to restaurants be retained and that the request to permit automotive service garage uses on the property be denied. Report PO 29-07 Subject: BMC Bayly Park Inc. (A 3/07) Date: October 1, 2007 Page 2 56 It is recommended that this application be approved, subject to conditions, and that 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 proposed development. Sustainability Implications: The applicant's proposal represents an expansion of uses on the property that will provide additional local employment opportunities. Background: 1.0 Application The applicant proposes to amend the zoning on the lands to permit additional industrial and commercial uses within the existing buildings. The list below outlines new uses requested by the applicant: A) Within all units of the three existing buildings - All uses permitted by existing - zoning - fitness club indoor garden centre pet grooming and boarding - animal hospital place of worship religious institutions day care/nursery rental establishment service and repair shop commercial school/private school service garage where no auto body repairs are conducted merchandise service shop B) Within units fronting the Go Station and Bayly Street only all uses requested in "A" above - retail store personal service shop art/antique shop printing establishment additional restaurant space - tanning salon travel agency optical shop - video sales and rental outlet photo processing studio mobile phone sales and service brew-on-premises establishment - tailor or dressmaking shop For clarity purposes, several uses requested by the applicant can be condensed into single definitions. Please refer to Appendix I to this report which provides an interpretation how the requested uses will be classified under the new definition structure. Report PO 29-07 Date: October 1, 2007 Subject: BMC Bayly Park Inc. (A 3/07) Page 3 57 The initial catalyst for this application was a complaint filed with By-law Enforcement regarding the "Daisy Mart" convenience store currently operating on the subject lands. The current zoning for the property does not permit a convenience store use on the property. By-law Enforcement advised the applicant to address this non-compliance issue either through the removal of the convenience store or obtain the necessary approval Council. 2.0 Comments Received 2.1 At the July 23, 2007 Public Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 & #4) . Rob Freeman of Freeman Planning Solutions, authorized agent, provided an explanation of the application; . Sylvain Trepanier, resident at 1218 Marcia Cook Place, attended in objection to the application. Mr. Trepanier questioned the effect of the tax leve~ for this rezoning on other tenants, and indicated that the applicant should have submitted the subject rezoning before the existing "Daisy Mart" convenience store occupied this location. 2.2 Letter of Objection On July 20, 2007, a letter of objection was received from 2081917 Ontario Ltd, operator of Sandybeach Convenience Store located at 1477 Bayly Street. The objection is specific to the requested "Convenience Store" due to traffic and safety issues on Bayly Street and market saturation for convenience stores in the neighbourhood (see Attachment #6). 2.2 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; Mixed use developments are permitted provided that the functions and characteristics of Central Area are not adversely affected; (see Attachment #7); Pickering Fire Services Internal roadways (fire routes) serving 1400 & 1410 Bayly Street are designed for one-way traffic only; (see Attachment #8); Report PD 29-07 Subject: BMC Bayly Park Inc. (A 3/07) Date: October 1, 2007 Page 4 I " I. 5 ~unicipal Property & 'Engineering Division No significant additional trips will be generated as the new usage will replace the existing business in the plaza; (see Attachment #9); Veridian Connections Existing service may be inadequate; - Applicant should contact Veridian should zoning change affect supply requirements; (see Attachment #10); No other agency that provided any comments has any objection to the subject applications. 3.0 Discussion 3.1 Use and Compatibility 3.1.1 The proposed uses complv with the Durham Reoional Official Plan The Region of Durham Official Plan designates the subject property Urban Area - Main Central Area which promotes urban activities and permits a wide range of office, service, and shopping related uses. The applicant's proposal conforms to the Region of Durham Official Plan. The subject property is designated Mixed Use Area - Mixed Corridor in the Pickering Official Plan. This designation permits retailing of goods and services on a scale which serves the needs of a broader area, offices, restaurants, community and cultural uses. Approval of the zoning by-law amendment to permit the requested uses would implement the Mixed Use Area - Mixed Corridor policies of the City's Official Plan. 3.1.2 The proposed additional uses provide the prospect for oreater flexibilitv of land uses on site while the Urban Growth Centre Boundary is determined and future development opportunities are explored The provincial government recently established a Growth Plan under the Places to Grow Act, 2005. The Growth Plan, prepared under the Places to Grow Act, provides growth management policy direction for the Greater Golden Horseshoe area of Ontario, which includes Pickering. The legislation affects how the City of Pickering will manage issues pertaining to transportation, infrastructure and land use planning, urban form, housing and others. The Ministry of Public Infrastructure Renewal, in conjunction with the City of Pickering, is currently in the process of determining the approximate size and location of the Urban Growth Centre boundary for the municipality. Urban Growth Centres are focal areas for investment in institutional and region-wide public services, commercial, recreational, cultural and entertainment uses. They will serve as high density major employment centres that will accommodate a significant share of population and employment growth and support major transit infrastructure. Report PO 29-07 Subject: BMC Bayly Park Inc. (A 3/07) Date: October 1, 2007 Page 5 59 Although the final Urban Growth Centre boundary for Pickering has not yet been determined, it is anticipated that the subject property will be located within the boundary of Pickering's Urban Growth Centre. It is further anticipated this site and surrounding properties will undergo significant redevelopment in the future. The property owner has expressed an interest to redevelop this site in the future. The applicant's request to broaden the range of permitted uses on the property is required to provide greater leasing flexibility and to help maintain the economic viability of the site until redevelopment is feasible. Additional uses will assist the leasing opportunities through the transition period between today and the time for redevelopment. There are currently a significant number of vacancies within the industrial commercial complex. Staff will be reviewing this site and the surrounding area through the downtown intensification study. It is our intent to review the area and implement new land uses through a City initiated rezoning of the lands. The additional uses requested represent an incremental step between the existing zoning, the current Official Plan designation and future Official Plan policies. 3.1.3 Maximum floor area and location of retail uses to be limited. additional restaurant floor space not supported The existing site was developed and built between the period of 1982 and 1983 as an industrial complex under the combined Restricted Light Industrial and Associated Industrial Facilities land use designations under Brock Industrial Area policies of the Pickering District Plan in effect at the time. The Mixed Use Area - Mixed Corridor designation became applicable to the site in 1997 with approval of the Official Plan. It is recommended that, due to the orientation of the existing buildings, site functioning and operational characteristics of the site as built for industrial-commercial, that all retail uses on the property be limited to those units fronting the Go Station and Bayly Street and that additional restaurant floor space not be added through this application. The existing zoning for the property permits a maximum aggregate gross leasable floor area of 1500 square metres for restaurant uses. One restaurant currently exists on the property: "Irish Times". This restaurant occupies approximately 400 square metres of floor area. Given the above noted site constraints and the significant amount of additional vacant floor area available for restaurant uses (approximately 1100 square metres), the current combined floor area limit for restaurants is adequate for this property. Report PD 29-07 Subject: BMC Bayly Park Inc. (A 3/07) Date: October 1, 2007 Page 6 60 It is recommended that the aggregate floor area for all permitted retail store uses be limited to a maximum of 2500 square metres. Since the property is located outside of the Downtown Core, the applicant would be required to submit a retail impact study which demonstrates that additional floor space for retailing of goods and services beyond 2500 square metres does not affect the viability of other lands designated for retailing of goods and services such as the Pickering Town Centre shopping complex. 3.1.4 Automotive Service Garaqes Not Supported Due to the manner in which service garages tend to function, with parking spaces occupied with vehicles waiting to be serviced and often significant outdoor storage, and the potential to negatively impact other uses due to noise and operational characteristics, automotive service garages are not considered to be a compatible use on this site. Automotive Centres are available for this type of use. Service garages do not support a transition to higher order uses for this property when we are supporting a transition to higher order uses for this property. 3.2 Text Amendments to Zoning By-law 2511 It is recommended that the zone requirements for the proposed development be regulated by way of text amendments to the "MC-5" - Industrial Commercial Zone and the "M1-6" - Storage & Light Manufacturing Zone, By-law 2511, as amended by By-law 2188/86 (see Attachment #5), to broaden the range of permitted uses on the property uses on the property. ' The recommended conditions of approval for the implementing Zoning By-law are described in Appendix II to this Report. 4.0 Applicant's Comments: The applicant is aware of the content in this Report and does not support the Planning & Development Department staff recommendation to retain the current limitations on floor area devoted to restaurants. APPENDICIES: Appendix I: Interpretation of Requested Uses Appendix II: Recommended Conditions of Approval Appendix III: Draft Text Amendment to By-law 2511 Report PD 29-07 Subject: BMC Bayly Park Inc. (A 3/07) Date: October 1, 2007 Page 7 61 Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Text of Information Report 4. Minutes from July 23, 2007 Statutory Public Meeting 5. Copy of Zoning By-law 2188/86 6. Letter of Objection from 2081917 Ontario Ltd. 7. Agency Comments - Region of Durham Planning Department 8. City Department Comments - Fire Services 9. City Department Comments - Municipal Property & Engineering Division 10. Agency Comments - Veridian Connections Prepared By: Approved / Endorsed By: ~~ Rick Cefar i . Planner II RC:ld Attachments Copy: Chief Administrative Officer Recommended fo Pickering Ci~ C cil , ,.1 62 APPENDIX I TO REPORT PO 29-07 Interpretation of Various Requested Uses Requested uses: Indoor garden centre - Art or antique shop - Optical Shop - Mobile phone sales and service - Video Sales and Rental Outlet Interpretation: - Retail Store - Tanning Salon - Tailor or Dressmaking Shop Personal Service Shop - Travel Agency - Business Office (a currently permitted use) - Animal Hospital! Veterinary Clinic - Professional Office (a currently permitted use) APPENDIX II TO 6 3 REPORT PD 29-07 Recommended Conditions of Approval for Implementing Zoning By-law Zoning By-law Amendment Application A 2/07 1. That the implementing zoning by-law: a) add the following as permitted uses on the property: Within all the units of the three existing buildings - all uses permitted by Zoning - By-law 2188/86 - fitness club - pet grooming and boarding - place of worship - religious institutions brew-on-premises establishment - day care/nursery - rental establishment - commercial school/private school Within units fronting the Go Station and Bayly Street only - all above-noted uses retail store - personal service shop - photo processing studio - printing establishment b) that the maximum gross leasable area devoted to retail stores be limited to a maximum of 2500 square metres. I I" 6 4 DRAFT BY-LAW APPENDIX III TO REPORT PD 29-07 ZONING BY -LAW AMENDMENT APPLICATION A 3/07 THE CORPORATION OF THE CITY OF BY-LAW NOof\ Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended qy By-law 2188/86, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of lot 21 & 22, Concession 1, (Part 1 & Part 2, 40R-6033 & Part 1, 40R-12889), in the City of Pickering. (A 3/07) 65 WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to broaden the range of retail commercial uses in lot 21 & 22, Concession 1, (Part 1 & Part 2, 40R-6033 & Part 1, 40R-12889), in the City of Pickering; AND WHEREAS a further amendment to By-law 2511, as amended by By-law 2188/86, is therefore deemed necessary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. TEXT AMENDMENTS 1. By-law 2188/86 is hereby amended as follows: (1) Section 4. Definitions, is hereby amended by adding in new definitions and renumbering all of the definitions in this Section so that the definitions are in alphabetical order as follows: (a) That a new definition be added after Subsection (2) as follows: "Brew-on-Premises Establishment" shall mean a building or part of a building where persons can make and package beer, wine or other spirits for their personal consumption off the premises only, and may include the sale of raw material ingredients and related equipment to such persons; (b) That 2 new definitions be added after Subsection (5) as follows: "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; "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children; - 2- That a new definition be added after Subsection (8) as follows: "Fitness Club" shall mean a building or part of a building in which facilities are provided for recreational athletic activities including but not limited to body-building and exercise classes, and may include a sauna; (d) That a new definition be added after Subsection (14) as follows: "Pet Groominq and Soardinq Facility" shall mean a building or part of a building where grooming services are provided to domestic pets, may include accessory retail sales of associated products and may provide short term boarding accommodation on the premises; (e) That a new definition be added after Subsection (15) as follows: "Place of Worship" shall mean a building or part of a building dedicated to religious worship and may include a church, synagogue, temple or assembly hall along with accessory office space and nursery facilities, but shall not include a day nursery, day care centre or nursery school; "Printinq Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; (f) That a new definition be added after Subsection (19) as follows: "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for offer for rent directly to the public, but does not include the rental of motor vehicles, and does not include a video store; (2) Section 5 Provisions is amended by repealing and replacing subclause (1) (a) with the following: (1) (a) Uses Permitted ("M1-6" Zone) No person shall within the lands designated M1-6 on Schedule "I" hereto, uses any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (i) assembly hall (ii) bakery (iii) brew-on-premises establishment (iv) business office (v) commercial club (vi) commercial-recreational establishment f.('U) , ~~~.) P., ~ (i~)' Ify.l' (x) (xi) (xii) (xiii) (xiv) (xv) - 3- 67 commercial school day nursery dry cleaning establishment dry cleaning depot, subject to the provisions of Section 5 (1)(c)(iii) financial institution food preparation plant light manufacturing plant merchandise service shop personal service shop, subject to the provisions of Section 5 (1)( c)(i),(iii) (xvi) pet grooming and boarding facility (xvii). place of worship (xviii) private club (xix) professional office (xx) public club (xxi) rental establishment (xxii) restaurant type A, subject to the provisions of Section 5 (1)(c)(ii), (iii) (xxiii) retail store, subject to the provisions of Section 5 (1 )(c)(v) (xxiv) sales outlet, subject to the provisions of Section 5 (1)(c)(iv) (xxv) scientific, research or medical laboratory (xxvi) transportation support store, subject to Section 5 (1 )(c)(i), (iii) (xxvii) warehouse (3) Section 5 (b) Additional Uses Permitted is hereby repealed (4) Section 5 Special Reaulations is hereby amended by repealing and replacing subclause (5) (1)(c) (iv) with the following: (iv) A sales outlet shall be permitted only if it is accessory to a food preparation plant, a light manufacturing plant, a merchandise service shop, a rental establishment, or a warehouse, and the gross leasable floor area of the sales outlet does not exceed 20 percent of the gross leasable floor area of the food preparation plant, light manufacturing plant, merchandise service shop, rental establishment, or warehouse. (5) Section 5 Special Reaulations is hereby amended by adding the following to subclause (5) (1)(c): (v) A retail store shall be permitted only within the hatched area shown on Schedule I attached hereto, and provided that the maximum combined gross leasable floor area for retail stores on lands zoned "M1-6" and "MC-5" does not exceed 2500 square metres. (6) Section 5 Provisions is amended by repealing and replacing subclause (2) (a) with the following: (2) (a) Uses Permitted ("MC-5" Zone) -4- 68 t person shall within the lands designated "MC-5" on Schedule "I" 6. ~ reto, uses any lot or erect, alter or use any building or structure for t1 ~.;~ y purpose except one or more of the following uses: t1{l~ (i) assembly hall V (ii) bakery (iii) brew-on-premises establishment (iv) business office (v) commercial club (vi) commercial-recreational establishment (vii) commercial school (viii) day nursery (ix) dry cleaning establishment (x) dry cleaning depot, subject to the provisions of Section 5 (2)(b)(i) (xi) financial institution (xii) food preparation plant (xiii) light manufacturing plant (xiv) merchandise service shop (xv) personal service shop (xvi) pet grooming and boarding facility (xvii) place of worship (xviii) printing establishment (xix) private club (xx) professional office (xxi) public club (xxii) rental establishment (xxiii) restaurant type A, subject to the provisions of Section 5 (2)(b )(ii) (xxiv) retail store, subject to the provisions of Section 5 (2)(b )(iv) (xxv) sales outlet, subject to the provisions of Section 5 (2)(b )(ii) (xxvi) scientific, research or medical laboratory (xxvii) transportation support store (xxviii) warehouse (7) Section 5 Special ReQulations is hereby amended by adding the following to subclause (5) (2)(b): (iv) The maximum combined gross leasable floor area for retail stores on lands zoned "M 1-6" and "MC-5" shall not exceed 2500 square metres. 2. BY-LAW 2511 By-law 2511, as amended by By-law 2188/86, 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 to By-law 2188/86. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. - 5 - 69 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act, if required. BY-LAW read a first, second, and third time and finally passed this - i~f _,2007. Q~~ David Ryan, Mayor Debi A. Bentley, City Clerk i " I. 70 ATTACHrJ:EiJT # REPORT Ii PO I TO 2.'1-67 ~ ~ ~------ ._L.------- PICKERING TOWN CENTRE ::u o ~ o ,?p..?\<.~p..i ~~ ~ - ,?\c\<.(.?\\,\G - ~\G~~p..i C.N.R. 40' ~~ ___~ ~ ALlI4NCE C - " SUBJECT PROPERTY ART THOMPSON ARENA I U <( w a:l GO TRANSIT STA TlON - >- o z <( U1 -- - "- \ II IIJN~~~r CE .i( ~ ~ ~~ ~.~ ~~ \ ~\ \) '\ IIII X ~\J(~ ~ I 1~ l'0~ I~~\ - f-- = MITCHEL ~ - _ - FUSCHIA - ~ .---l _ - !ANE - BAYVIEW ,- .-- z _ ~ i== HEIGHTS I-- - ~ _ I--- I- 0 PUBLIC SCHOOL - >- ~ =_1--- ~ ~ _ ~~ PARK j >-- - R~GA ~ (D f- _ c-- -rT1lT\. - PLAC Vl - ~ g - \ \L\J-L A\J~, l_11- City of Pickering Planning & Development Department PROPERTY DESCRIPTION PT LT 21 & 22, CONCESSION 1, PART 1 & 2, 40R.6033 & PART 1, 40R.12889 OWNER BMC BAYLY PARK INC. DATE JUNE 18,2007 DRAWN BY JB FILE No. A 03/07 SCALE 1 :5000 CHECKED BY RC n BAYLY 1/ POPRAD r ~ '--- STREET U f--A f-j ~ I II I IT I I 1T\ II T 1 DRIVE ......... I I-- slo\NG ~C L~tJlE AVENUE I I I TATRA I I~ / /1== ~ I-- I GRENOBLE I FORDON II II I I o ~ CD ~ I- - l' ~o ::.ourc..: T.ron.t Enterpri... Inc. ~nd it. auCPU.,... All rilQlhta Re..rved. Not a pion of aurv.y. 200!!t MPAC and it. .uDolI.,... All ,. ht. R...rved. Not 0 pion of Survev. PN-3 ATlACHMENT II '1. TO REPORT /I PO l q - 07 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 03/07 - BMC BAYLY PARK INC. 71 TO EXPAND ON THE PERMITTED USES TO INCLUDE RETAIL AND COMMERCIAL USES " ., ," ;:, "1' , .. , , ' . , . . It. , 1-. , 0, ,.,' . :1 ._,- t II. . " It, . .'; , , I" . :. "... , ,. ,. ", , . . II . ID i '.It .............1 1.- ,'. '" :111 ;0 fATION . . ID-, "'-I~ ; " .. .- " T.' . : , . . ..i . ~' . , . , . " t " " ....._~ . "1 ;' T T' i' '.' 'II{' z, I :1 .., , . . I --- ---. GO GO SPORTING SUPPLIES ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION AND SUPPORT SERVICES SECTION, SEPT 14, 2007, ~""J\r!-1~""\J'T 4 3, /f'\.l .;-i......!.;.{It~.j . u__...__..""...........-~.~.J REFOH T Ii PD_k9..:Q~1__~_.-, 72 CUlf o~ INFORMATION REPORT NO. 05-07 FOR PUBLIC INFORMATION MEETING OF July 23,2007 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning Amendment Application A 3/07 BMC Bayly Park Inc. 1400,1410 & 1420 Bayly Street Part of Lot 21 & 22, Concession 1 (Parts 1 & 2, 40R-6033 & Part 1, 40R-12889) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION _ the property is located on the north side of Bayly Street, east of Liverpool Road and west of Sandy Beach Road; - a property location map is provided for reference (see Attachment #1); _ three, multi-tenant one-storey buildings exist on the property, all fronting Bayly Street in a north-to-south orientation; _ the site is surrounded by the Canadian National Railway (CN) to the north, a GO Train station/parking facility to the west, and the Krosno Creek to the east; _ the broader surrounding area is comprised of a mix of limited retail, service and repair shops, warehousing, trucking and manufacturing as well as residential on the south side of Bayly Street. 2.0 APPLICANT'S PROPOSAL _ the applicant has requested to expand the permitted uses for all three buildings on the subject lands to include: - fitness club - indoor garden centre - pet grooming and boarding - animal hospital/ veterinary clinic place of worship religious institutions - day care / nursery rental establishment - service and repair shop - commercial/ private school - service garage Information Report No. 05-07 AITACHMErrr 11 -3 TO nFJ'ORT tf PD__ 2.'1-67 -----~__o_,~.""'-,.~ Page 2 73 in addition to the above-noted uses, the applicant also requests that the following uses be permitted within units in all three buildings that front on to Bayly as well as the units within the most westerly building facing the GO Train station: retail store personal service shop art or antique shop printing I copying establishment additional restaurant floor area tanning salon mobile phone sales and service establishment electronic and video sales and rental outlet - travel agency optical shop photo processing I photo studio brew-on-premises establishment - tailor or dressmaking shop 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reaional Official Plan - the Durham Region Official Plan designates the subject lands as Urban Area - Main Central Area; - establishes that the designated Main Central Areas shall be used as the main concentration of urban activities within area municipalities; - permits a wide range of office, service, shopping, recreational and residential uses; - the proposed uses appear to conform to the Durham Region Official Plan, however, the subject application will be assessed against the policies and the provisions of the this Plan during the further processing of the application; 3.2 Pickerina Official Plan - the Pickering Official Plan designates the subject lands as Mixed Use Area - Mixed Corridors within the Bay Ridges Neighbourhood; permissible uses within this designation include the retailing of goods and services serving the needs of a broader area, offices, restaurants, community, cultural and recreation uses; - the applicant's proposal will be assessed against the policies and the provisions of the Pickering Official Plan during the further processing of the application; . . Information Report No. 05-07 , II . 7 4 ., 3 :~.~=".~3~~Ql... Page 3 3.3 Zonina By-law 2511 _ the subject lands are currently dual zoned "M1-6" - Storage and Light Manufacturing Zone, and "MC-5" - Manufacturing and Commercial Zone by By-law 2511, as amended by By-law 2188/86 (see Attachment #2); _ the permitted uses on the portion of the property zoned "M 1-6" includes business and professional offices, dry cleaning establishments, financial institutions, light manufacturing, scientific, research or medical laboratories, and warehousing; _ the permitted uses on the portion of the property zoned "MC-5" includes all of the uses mentioned above, but also includes assembly halls, bakeries, service shops, clubs, commercial recreational establishments and restaurants, subject restrictions; _ a zoning by-law amendment is required to implement the applicant's proposed uses on the property; _ the applicant has requested that the permitted uses for the subject property be expanded to include limited retail, service other more specific commercial uses. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no objections or concerns received to date; 4.2 Aaency Comments no comments received to date; 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 uses in terms of compatibility with the existing development on the property, and with the surrounding lands; . reviewing the adequacy and location of on-site parking to support the proposed uses; . reviewing the proposed development to ensure that adequate information is provided, that technical requirements are met and that the proposed site design / functioning is appropriate for the proposed uses; . what uses may be added to this site while maintaining the intent of the current Official Plan designation; Information Report No. 05-07 - ""-Z?.CI.--.'. "=....0.....:. ...7....... ... ..... '::>()PI .f PG,.,... ...J ,. ','" ,~~...~~ Page 4 75 . whether any floor area limitations may be required for the additional uses proposed by the applicant; - the Planning & Development Department will conclude its position on the application and its design after it has received and assessed comments from the circulated departments, agencies and public. 5.0 PROCEDURAL INFORMATION this application has 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; 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 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; Information Report No. 05-07 76 "';)-C:::V:ENT #, . . 3 '1"1": !'HflJ if PD_,:_ 2A-:C;7 Page 5 6.3 Company Principal _ the owner of the subject property is BMC Bayly Park Inc., and the property is managed by Martin Brown of Concordian Management Inc.; - the authorized agent is Rob Freeman of Freeman Planning Solutions Inc. ORIGINAL SIGNED BY .--- ORIGINAL SIONED BY Rick Cefaratti Planner II .. Lynda Taylor, MCIP, RPP Manager, Development Review RC:ld Attachments Copy: Director, Planning & Development 3 7"t'j b=1~9 1______ _ . APPENDIX NO. I TO INFORMATION REPORT NO. 05-07 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date 77 78 ii",. '-i,...'\) .'b/:1~,:e7~......" Excerpts from the Council Meeting Minutes Monday, July 23, 2007 7:30 PM Council Chambers (I) ADOPTION OF MINUTES Moved by Councillor Johnson Seconded by Councillor Dickerson Council Meeting Minutes June 18, 2007 In Camera Council Meeting Minutes June 18 and 25, 2007 (III) COMMITTEE REPORTS a) REPORT PO 2007-04 OF THE PLANNING & DEVELOPMENT COMMITTEE A question and answer period ensued. 4. INFORMATION REPORT NO. 05-07 SUBJECT: Zoning Amendment Application A 03/07 BMC Bayly Park Inc. 1400, 1410 & 1420 Bayly Street Part of Lot 21 & 22, Concession 1 (Parts 1 & 2, 40R-6033, Part 1, 40R-12889) City of Pickerina A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to an application submitted by BMC Bayly Park Inc. for property municipally known as 1400, 1410 & 1420 Bayly Street. Ross Pym, Principal Planner - Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. He 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. Rick Cefaratti, Planner provided a brief overview of zoning amendment application A 03/07. Rob Freeman, Planning Consultant for the owner, appeared before Council and outlined the reason for the application. Mr. Freeman noted that they would be taking a look at the parking to make sure it conforms to the new uses if approved. 1 yl t.L__,;to> Excerpts from the ,,'bt1.:.f21___., Council Meeting Minutes 7 9 'l:::~'Ofrf ); Pf::, Monday, July 23,2007 7:30 PM Council Chambers Sylvain Trepanier, 1218 Marica Cook Place, appeared before Council in opposition to the application. Mr. Trepanier stated that he felt the rezoning was being completed for one tenant and questioned what this would do to the tax level for the other tenants. He noted that the applicant should have applied for the rezoning before allowing the tenant to occupy the space, not move in and then seek compliance. 2 '80 5 2Ct':'O'7 -.,..,..,,,.,,"',...-.,...,..,',"""'....,"""""'-,,,""-",,,.,,,..,,.---....... THE CORPORAT I ON OP THE TOWN OP PI CKERIN1 R r;'c :...: 1'/ E D BY-LAW HUMBER 2188/86 ' l;)lSa8 T'"",'" .-;; r :~. "NG "'.~.~ 'I' ~ ~~?^QH.'.~NT - -" ....------ Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, Part of Lots 21 and 22, Concession 1, in the Town of Pickering. (A 13/85; OPA B5-14/P) WHEREAS the Codncil of the Corporation of the Town of Pickering deems it desirable to permit the development on the subject lands of associated industrial facilities, in add~tion to certain commercial GO-Transit related facilities and restricted light industrial uses; AND WHEREAS an.amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THERE~ORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF. PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE "I" Schedule "I" attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 21 and 22, Concession 1, Pickering, designated "M1-6" and "MC-5" on Schedule "I" attached hereto. ,. GEHERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected; moved or structurally altered except in conformity with the provisions of this By-law. 4. DEPINITIONS In this By-law, (1) "Assembly Hall" shall mean a building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meetings and may include an auditorium or a banquet hall, but shall not incluQE a place of amusement or entertainment as defined herein; (2) "Bakery" shall mean a building or part of a building where . baked food products are prepared and offered for retail sale, and which may include incidental baking; continued... . r::::. '((:. at-c/j ..-"'...~:L. ~.~~,.......,........~,' 81 (3) ~Busi~ess Office" shall mean.a bu~lding or part of a building 1n wh7cn the ~anagement or dlrectlon of a business, a public or prlvate agency, a brokerage or a labour or fraternal org~nization is carried on and which may include a telegraph ~fflce,.a data proce~sing establishment, a newspaper publish- 1ng off1~e, the pre~l~es of a real es~ate or insurance agent, or a.rad1o or televlslon broadcasting station and related stud10S or theatres; but shall not include a retail store; "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (4 ) (5) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating ririks, squash courts, swimming pools and other similar indoor recreational ~acilities are provided and operated for gain or profit, and may include an arena or stadium but shall not include a place of auusement or entertainment as defined herein; (6 ) "Drl Cleaning Depot" shall cean a building or part of a . bU1lding used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related process as elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes, but does not include a laundromat; (7) (8) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (9) (a), "Floor Area" shall mean the aggregate of the floor areas of all s~oreys above or below establishefr grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and and part of the building below established grade other than that used for retail commercial or office purposes; "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; (10) "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; (b) (11) "Light Manufacturing Plant" shall mean a manufacturing plant used for: (a) the production of apparel and finished textile products other than the production of synthetic fibres; (b) printing or duplicating; (c) the manufacture of finished paper other than the processing of wood pulp; continued... 82 (d) the production of cosmetics, drugs and other pharmaceutical supplies; or (e) the manufacture of finished lumber products, light metal products, electronic products, ~lasticware, pcrc~lain, earthenware, glassware or similar articles, including but not necessarily re.stricted to furni ture, housewares, toys, musical instruments,jewellery, watches, precision instruments, radios and electronic components; . (12) (a) "Lot" shall mean an area of land fronting on a street wnich is used or intended to be used as the site of a building, or a 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; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot betweeri the side lot lines measured along a line parallel to arid 7.5 metres distant from the front lot line; (13) "Merchandise Service Shop" shall mean an establishm~nt where articles or goods including, but not necessarily limited to business machines, appliances, furniture or similar items, are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant, any establishment used for the service or repair of motorized vehicles, or a retail store other than a sales outlet; (14) "Personal Service Snop" shall mean an establishment where a personal service is performed and 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; (15) "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and may include a billiard or pool room, a dance hall, a music hall, a pin- ball arcade, or a theatr~; (16) "Private Club" shall mean an athletic, recreational or social club not operated for gain or proiit and having private membership; (17) "Professional Office" shall mean a building or vart of a building ill whicn medical, legal. or other l'rofessional 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, H.S.O. 1980, Cha~ter 302, as amended from time to time, or any successor thereto; (18) "Public Club" shall mean an athletic, recreational or social . club not operated for gain or profit and having public membership; continued... 5 2.9.tP 1 83 (19) "Re~~~urant, Ty~e A",shall mean a building or part of a bU1L~lng wnere !ooa 1S ~repare~ and offered or kept for reta1l sale to the publlC for l~mediate consumption on the premises or off the premises, or both on and off the premises; (20) "li.etail Store" shall mean a building or part of a building in whicn goods, wares, cerchandise, foods, substances, articles or things are stored, kept and offered for retail sale to the public, but does not include any establishment otherwise defined herein; (21) "Sales Outlet" shall mean a building or part of a building accessory to a manufacturing plant, a merchandise service shop, a food preparation plant or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on tne premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; (22) "Scientific, Research or Medical Laborator " shall mean . a building or part of a ul1ding wherein scientific, research or medical experiments or investigations are systematically. conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations ~lay be manufactured or otherwise prepared for use on the premises; (23) "Transportation ~upport ~tore" shall mean a retail store in which food, drugs, periodicals or similar itecs of day-to-day household necessity are kept for retail sale primarily to patrons of a public passenger transportation facility and persons employed in the industrial area; (24) "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; '(25) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or stTucture and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot betwee~ the front lot line~nd the nearest wall of the nearest main building or structure o~ the lot; (ei) "Rear Yard" shall mean a yard extending acrosS the fu~- width of a lot between the rear lot line of the lot, ~. where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of.the nearest cain building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the . nearest main building or structure on the lot; .".5...".-...j 8 4 5 -. ~~t~.e7. (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side lot line to the nearest wall of the the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the short~st horizontal dimension 01' a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flank~ge Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opp6site side of which is a street; (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1). (a) Uses Permitted ("M1-6" Zone) No person shall within the lands designated "M1-6" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structu~e for any purpose except the following: (i) business office (ii) dry cleaning establishment (iii) financial institution (iv) food preparation plant (v) light manufacturing plant (vi) professional office (vii) scientific, research or medical laboratory (viii) warehouse. (b) Additional Uses Permitted ("Ml-6" Zone)' Where the lands immediately adjacent to the westerly boundary of the lands designated "MI-6" on Schedule "I" attached hereto are being used as a public passenger transportation facility, the purposes excepted from the prohibition set out in Section 5(1)(a) above shall be deemed to include the following: (i) dry cleanin~ de~ot, subject to the provisions of Section 5(1)(c)liii) and (tv); (ii) personal service shop and transportation suppo~t store, subject to the ~rovisions of Section 5 ( 1 ) ( c) ( i), (i i i) and t i v); and (iii) restaurant, type A, subject to the provisions of Section 5(1)(c)(ii), (iii) and (iv). (c) Special Regulations ("Ml-6" Zone) (i) The gross leasable floor area of a transporta- tionsupport store or a personal service shop shall not exceed 465 square cetres; (ii) The aggregate of the gross leasable floor areas of all restaurants, type A shall not exceed 500 square metres; continued... 5-c H 1 CJ-07 '0;' '- "'''''~''''''-''''''''~'''._-. ~- 85 (iii) The 6ross leasable floor area of all transport- ation support.stores, dry cleaning depots, personal serVlce shops and restaurants tYDe A shall not exceed 1600 square metres; , - (iv) A dry cleaning depot, personal service shop, restaurant, type A and a transportation support store shall be permitted only on the lands hatched on Schedule "I" attached hereto. (2) (a) Uses Permitted ("MC-5" Zone) No person shall within the lands designated "MC-5" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) assembly hall ( ii) bakery (iii) business office (iv) commercial club (v) commercial-recreational establishment (vi)" dry cleanin~ depot, subject to the provisions of Section 5(2)(b)(i) (vii) dry Cleaning establishment (viii) financial institution (ix) food preparation plant (x) light manufacturing plant (xi) merchandise service shop (xii) private club (xiii) professional affice (xiv) public club (xv) restaurant, ty. ~e A, subject to the provisions of Section 5(2)(b)(ii) (xvi) sales outlet, subject to the provisions of Section 5(2)(b)(iii) (xvii) scientific, research or medical laboratory (xviii) warehouse (b) Special Regulations ("MC-5" Zone) (i) A dry cleaning depot shall be permitted only if it is accessory to a dry cleaning establishment and the gross leasable floor area of the dry cleaning depot does not exceed 20% of the gross leasable floor area of the dry cleaning establishment; (ii) The gross leasable floor area of a restaurant, type A shall not exceed 500 square metres, and the aggregate of the gross leasable floor areas of all restaurants, type A shall not exceed 1500 square metres; . (iii) A sales outlet shall be permitted only if it is accessory to a food preparation plant, a light manufacturing plant, a merchandise service shop, or a warehouse, and the gross leasable floor area of the sales outlet does not exceed 20~ of the gross leasable floor area of the food preparation plant, light manufacturing plant, merchandise service shop or warehouse. continued. .. i II . 86 5.._- 2ci~c:>7 7 (3) Zoning Requirements ("MI-6" and "MC-5" Zones) No person shall within the lands designated "Ml-6" and "MC-5" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): (c) FRONT YARD DEPTH (minimum): 0.4 hectares 30 metres 30 metres 4.5 metres 7.5 metres 50 percent 12 metres ( d) SIDE YARD WIDTH (clinimum) : (e) REAR YARD DEPTH (mi l!imum) : ( f) LOT COVERAGE (maximum): ( g) BUILDING HBIGHT (maximum) : (h) OPEN STORAGE: no open storage shall be permitted in any yard - (4) Parking Requirements ("MI-6" and "MC-5" Zones) There shall be provided and maintained on each lot comprising the lands designated "Ml-6" and "MC-5" on Schedule "I" attached h~reto a minimum of 437 parking spaces. 6. BY-LAV 2511 (1) By-law 2511, as amended, is hereby further amended only to the ~xtent necessary to give effect to the provisions of this By-law.as it applies to the area set out. in Schedule "I" attached hereto. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provlSlons of By-law 2511, as amended, with the exception of subsection 5.21.2b) which shall not apply to the area set out in Schedule "I" attached hereto. (3) By-law 1808/84 amending By-law 2511 is hereby repealed. 7 . EN'PORCEMEHT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he w~s first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not ~ore-ihan $50,000; -and continued... ,6 29 -C?7 8 87 (b) on a subsequent conviction a fine of not more than $25,000 for eacn day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted. and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court. in which the conviction has been entered, and any court ot competent jurisdiction thereafter, may make an order prohibiting the ~ontinuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Boar~, if required. READ A FIRST AND SECOND TIME THIS 5th DAY OF May , 1986. READ A THIRD TIME AND PASSED THIS 5th DAY OF May , 1986. /'~ . ;- L ~. :._::f.~f/ <..~ / NlfYOR - ~ JOHN E. ANDERSON L7 ., c~, .... --...t:.,. 4.A. /' /Cr.Effi(. . BRUCE J. TAYLOR / 88 .! . ., 5 2"1:"07 R.~ ~N. . .c. __..._--, ...._-- -. - I , .-_J ............, I · ... I L I i : I I.. ~ I ,r I I 1 1 I I I ,I I ,. II I L I M 11 - 6 I ~ I I I I 1 1 I I I. I r LI I , I I I-I r' I I 1 I I , I L. I I 1 toO.. . ,.--------, I " : 1 L., I I I r" , L, , I 1 ,., I L, I I I rJ I L. I I I I ,J , I I I .- , 1_. I I I I I 1 L__;-" -!.. _ _ J--',-_J I I I I I I 1 1__ .r-~_ _ _ ..I--"__J Me - 5 ,..... BAYLY STREET BUILDINGS SHOWN FOR INFORMATION PURPOSES ONLY SCHEDULE 'I' TO BY- LAW 2188/86 PASSED THIS 5th DAY OF May 1986 . ~~' . I. ,.- / . ~ ~ '- p /;.t.L/t{ '(.{V'- ~AYO~ (J"E~'Anderson) ,// . \ . :"n~'<"<"( /1 CLERK (B.J. faylor) (~ fC') ,., " ... CI) I c: ~) ~ N ;- j c: co( o. N & .. . . "", lo '2.9 -0"7 2081917 Ontario Ltd. a/A SANDYBEACH Milk Convenience store 1477 Bayly street Pickering ON. L1V 3R5 July 16 2007 City of Pickering Planning and Development Department Pickering Civic Complex One the Esplanade Pickering ON. L1 V 6K7 RE: Proposed Additional uses 1400/1410/1420 Bayly Street BMC Bayly Park Inc 89 REceIVED .11 1'- 2 0 2007 CITY OF PIC PLANNING & DEVJ1&til~G DEPARTMENT T Dear Madam/Sir Weare operating Convenience store at 1477 Bayly Street. We oppose the application for the use of Convenience store for the subject land. We are concerned about the safety of children and residents from heavy traffic on Bayly Street. There are no residents at the subject land side. The residential area and 2 schools are located across Bayly Street from the subject land. The children and residents have to cross the street in order to go to the convenience store where heavy traffic exists, especially after school. According to municipality of Durham Region, a total of 31 collisions have occurred on Bayly Street in between Liverpool and Sandy Beach Road between 2003 August and 2006. 18 collisions out of the total resulted in :;erious injury. It is needless to say convenience stores create a large amount of traffic and brings many children customers. The Cleaner and Tile & Carpet, located at the next unit to the Daisy Mart convenience store had to put up 4 sign posts each for securing their customers parking in front of their Unit a few months ago because of the traffic that comes with a convenience store, which could explain how the parking lot is constantly busy (0 bc:l-q-7 90 There are 8 convemence stores within lkm from the subject land which is already too much convenience stores for this area. After laws regarding cigarette regulations in the government of Ontario and increase of cigarette tax, convenience business has been suffering. There is no reason to bring another convenience store within this area, which will cause a lot of serious problems. Please reject this application. It would be much appreciated if could inform us of your decision. Yours truly, The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4TH FLOOR P.O. BOX 623 WHITBY, ON L 1 N 6A3 ''105) 668-7711 x (905) 666-6208 E-mail: planning@ region.durham.on.ca AnAGHME~!l' /1-._..7. . T(l BEPOR1 f! PD._..~ 2.~i~iz~._._..._ 91 July 30, 2007 Rick Cefaratti, Planner II Planning and Development Department City of Pickering One The Esplanade Pickering, Ontario L 1V 6K7 Sent via email to: rcefaratti@citv. pickerina. on. ca Mr. Cefaratti: Re: Zoning Amendment Application A03/07 Applicant: BMC Bayly Park Incorporated Location: 1400, 1410, 1420 Brock Street Part of Lots 21 & 22, Concession Municipality: City of Pickering www.region.durham.on.ca We have reviewed this application to amend the zoning of the subject A.L. Georgleff, MCIP, RPP property. The purpose of the application is to permit limited retail and Commissioner of Planning commercial uses in addition to the uses permitted within the existing buildings. The following comments are offered. ';SerVlce Excellence forOu(..gQ(fIl'lwnities" Reoional Official Plan The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. "Living areas" are predominantly for housing purposes. Limited office development and limited retailing of goods and services, in appropriate locations, as components of mixed use developments, are permitted provided that the functions and characteristics of Central Areas are not adversely affected. The proposal may be permitted by the policies of the Regional Official Plan. Reoional Services Municipal water supply and sanitary sewer services are available to the subject property, Provincial Policies & Deleoated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of Provincial interest applicable to this application. 92 ,; 7 C((~~ ,:i",,=c.,..c.~,.=c,"cc,,' " :;;EPOHT Ii PDo,.,_,291.:Q2"". Please contact me should you have any questions or require any additional information. a~W\~MVl Dwayne Campbell, Planner Current Planning Cc (via email): Regional Works Department - Pete Castellan 8 29-07 93 Operations & Emergency Services Department Fire Services Division Memorandum September 14, 2007 To: Rick Cefaratti, Planner 11 From: Rex Heath Fire Prevention Officer Re: Zoning By-law Amendment Application A 03/07 BMC Bayly Park Inc. Northeast corner of Fairport Road at Welrus Street City of Pickering The Pickering Fire Service has reviewed the applicant's proposal and forwards the following comments. It may be useful to inform the applicant that the internal roadways (fire routes) serving 1400 and 1410 Bayly Street are designed for one-way traffic only. Rex Heath Fire Prevention Officer Pickering Fire Services Cefaratti, Rick 94 q 20[-0/ From: Sent: To: Subject: Matloob, Shahid Thursday, September 13, 20072:52 PM Cefaratti, Rick RE: Zoning By-law Amendment Application A 03/07 Further to our discussion with respect to the Zoning By-law Amendment Application A 03/07 submitted by the BMC Bayly Park Inc. information regarding additional peak hours vehicle and pedestrian trips is not required at this time. Our understanding is that no significant additional trips will be generated as the new usage will replace the existing business in the Plaza. Shahid Matloob -----Original Message----- From: Matloob, Shahid Sent: September 7,20073:19 PM To: Cefaratti, Rick Cc: Selsky, Darrell; Booker, Scott; HOlborn, Richard Subject: Zoning By-law Amendment Application A 03/07 Rick, Further to our discussion with respect to the Zoning By-law Amendment Application A 03/07 submitted by the BMC Bayly Park Inc. information regarding additional peak hours vehicle and pedestrian trips generated due to the proposed uses is required to review the proposed application. Shahid Matloob, MSc, P.Eng., P.E., PTOE Coordinator, Transportation Engineering City of Pickering Municipal Property & Engineering Division Operations & Emergency Services Department Direct Dial: 905.420.4660 ext 2043 Toll Free: 1.866.683.2760 Fax: 905.420.4650 www.cityofpickering.com Please consider your environmental responsibility - think before you print! www.sustainablepickering.com 1 10 2..'1-07 95 ~ VERIDIAN cONNECTIONS DEVELOPMENT APPLICATION REVIEW PROJECT NAME: BMC Bayly Park Inc. CEIVED MUNICIPALITY: Pickt:nng JUl2 ADDRESS/PLAN: 1400,1410 &. 1420 Bllyly Street REF NO,; II. 03/07 SUBMISSION DATE: June 27. Z007 1. Tht: (:}cisting sexvice to this b~ildillg may be: inadc.qulItl;;. Details Il;;gllxding OJ. service upgraf.le c~n be obrwed from 01.11: offices. 2. Ol'her: Should electric:,' ~ervicing needs change as a result of this Ilpplicatic)n, early c:olll:llct with V l;;cidian Tech~uclll Reprcscnralive will be e~sellti"l in avoiding sel."Vicing conflkL Technical Representative:: Ken Gallen 'l't:lephonc: E.'([, 3262 It PP / df F;\~lrli~~dl\l)<::v<::lc)I\tl1Cl1t Al'pliClltinn Rcvi~,,,,\I'icke,jnll'2(1l)7\fiMC ~ayl~ Pack [nc. . 1400, 1410 & 1420 ~ayly Sttcct.Ul.>C REPORT TO PLANNING & DEVELOPMENT COMMITTEE I .! . Report Number: PO 30-07 Date: October 1, 2007 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 2/07 Doumouras Properties Ltd. 1010 Brock Road Part of Lot 19, Concession 1 (Part 1, 40R-21855) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 2/07 be approved to amend the permitted uses for the subject property to include a financial institution, convenience store, personal service shop, professional office and limited sales outlets, on lands being Part of Lot 19, Concession 1, Part 1, 40R-21855; and 2. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 2/07, as set out in Appendix II to Report PO 30-07, be forwarded to City Council for enactment. Executive Summary: The applicant requests an amendment to the zoning by-law to permit a broader range of uses by adding business office, financial institution, personal service shop, professional office, retail store, and sales outlets as permitted uses on the lands, located at the northwest corner of Brock Road at Bayly Street, within the Brock Industrial Neighbourhood (see Attachment #1 - Location Map). Official Plan policies for the Mixed Employment designation applicable to this property permit a greater range of uses than the current "CA2 (S)" - Commercial Automotive Specific zoning allows. Appropriate uses for inclusion in the zoning by-law should be determined considering the operational character, site location, and limited available parking (see Attachment #2 - Applicant's Submitted Plan). Recommended additional uses for the lands included a financial institution, convenience store, limited personal service shops, professional offices and limited sales outlets. These uses are generally compatible and appropriate for the subject lands and conform to the Pickering Official Plan. A unlimited retail store use is not recommended. It is recommended that this application be approved, subject to restrictions on the percentage of floor area associated with sales outlets, and that the draft by-law be forwarded to City Council for enactment.