HomeMy WebLinkAboutPD 39-08
Cit'l (1~
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
2
Report Number: PD 39-08
Date: October 6,2008
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 11/07
Dalar Properties Limited.
1050 Squires Beach Road
(Part of Lot 32 & Part of Block C, Plan M 1040)
City of Pickering
Recommendation:
That Zoning By-law Amendment Application A 11/07 submitted by Dalar Properties Limited,
on lands being Part of Lot 32 & Part of Block C, Plan M 1040, City of Pickering, to amend
the zoning of the subject property to add commercial recreational uses including a
gymnastics facility, a dance studio, karate club and a soccer club, in addition to the
currently permitted industrial uses be refused.
Executive Summary: The applicant proposes to rezone the subject property,
located on the northwest corner of Squires Beach Road and McKay Road to permit the
establishment of commercial recreational uses, including a gymnastics facility, a dance
studio, karate club and a soccer club, in addition to the currently permitted industrial
uses (yard storage and heavy manufacturing). The applicant proposes to utilize the
existing building, subject to site and building alterations/conversions to accommodate
the requested commercial recreational uses.
The Region is delegated review responsibility for compliance with Provincial Policy
(matters of provincial interest applicable to the application) and has advised that the
applicant's proposal does not comply with the Ministry of the Environment (MaE)
Guideline D-2-Compatibility Between Sewage Treatment and Sensitive Land Uses
recommended separation distance for residential or other sensitive land uses adjacent
to sewage treatment facilities. The Region does not support the proposed commercial
recreational uses at 1050 Squires Beach Road as this property is located within the
recommended separation distance of the MOE Guideline D-2.
In view of the Region's position on this matter, the proposed land use change is
considered inappropriate for this location and it is recommended that the application be
refused.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
Report PO 39-08
October 6,2008
Subject: Dalar Properties Limited (A 11/07)
Page 2
i ~)
Sustainability Implications: The applicant's proposal is aligned with the principle of
adaptive reuse of buildings and utilization of existing buildings for additional purposes.
Re-use of the site also takes advantage of existing infrastructure and retains an existing
business within the City.
However, as the proposed use is considered a sensitive land use under the MOE
Guidelines and is within 150 metres of the Duffin Creek Water Pollution Control Plant
(WPCP), approval of the requested rezoning would not contribute to a healthy
environment or represent responsible development.
Background:
1.0 Introduction
The owner of the property, Dalar Properties Limited proposes to develop the
subject lands, located on the northwest corner of Squires Beach Road and
McKay Road, to permit the establishment of commercial recreational uses,
including a gymnastics facility, a dance studio, karate club and a soccer club, in
addition to the currently permitted industrial uses (yard storage and heavy
manufacturing, (see Location Map Attachment #1).
The property currently supports an industrial building. The applicant proposes to
utilize the existing building, subject to site and building alterations/conversions to
accommodate the requested commercial recreational uses (see Applicant's
Submitted Plan, Attachment #2)
2.0 Comments Received
2.1 At the January 7, 2008 Public Information Meeting
No public comments were received at the Public Information Meeting (see text of
Information Report and Meeting Minutes, Attachments #4 & #5).
Report PO 39-08
October 6,2008
Subject: Dalar Properties Limited (A 11/07)
4
Page 3
2.2 Agency Comments
Region of Durham
a Phase II Environmental Site Assessment (ESA)
was undertaken as a means of addressing the
subsurface and ground water conditions on the
site for environmental impact associated with a
previous manufacturing facility;
- the Phase II ESA indicates that the potential for
significant contamination is considered low;
- the ESA recommends environmental
management be undertaken for the removal of a
spill containment UST (Underground Storage
Tank) and a hydraulic lift as well as the removal
of all remaining drums of chemicals on the site;
- a reliance letter and record of site condition is
required;
municipal water supply and sanitary sewer
services are available to the subject property
(see Attachment #6);
- the proposed recreational uses are within the
recommended separation distance requirements
of the MOE Guideline D-2-Compatibiltiy Between
Sewage Treatment and Sensitive Land Uses;
- the Region does not support the proposed uses
at 1050 Squires Beach Road (see Attachment #7);
3.0 Discussion
3.1 The proposed recreational use does not comply with the MOE Guideline
D-2-Compatibiltiy between Sewage Treatment and Sensitive Land Uses
The existing zoning for the subject property permits yard storage and heavy
manufacturing uses. The applicant intends to convert the existing building to
accommodate a gymnastics facility, a dance studio, karate club and a soccer
club, in addition to the currently permitted industrial uses.
The Region is delegated review responsibility to indentify matters of provincial
interest.
Report PD 39-08
October 6,2008
Subject: Dalar Properties Limited (A 11/07)
Page 4
)
The subject property is situated within the recommended separation distance of
the MOE Guideline D-2 pertaining to Sewage Treatment and Sensitive Land
Uses.
The proposed uses are considered to be a sensitive receptor due to the public
congregation nature of a gymnastics facility. Consequently such uses should not
be permitted to locate within 150 metres of the Water Pollution Control Plant (see
Attachment #3)
The proposed uses may be sensitive to objectionable noise and/or odours from
the WPCP, and it is not appropriate to locate these new land uses within this
area. Further, if complaints occurred from the users of the recreational facility
the MOE may find the WPCP to be out of compliance with the Environmental
Protection Act. The change in zoning to add the requested uses increases the
potential for future problems for both the recreational users and for the WPCP.
The Region has advised that it does not support the application due to the
property's location adjacent to the WPCP and has also requested that the City
consider an Official Plan Policy to address land uses in this area of the City. This
request will be considered through the City's review of its Official Plan.
3.2 Site Alterations would be required to accommodate the use if it was
permitted
If the property was not located within the MOE 150 meter radius of the WPCP
and complied with the MOE Guideline, several site function issues would need to
be addressed to accommodate the proposed recreational uses.
The site would need to be redesigned to separate recreational use traffic from
manufacturing/industrial traffic. Several site plan revisions would be required to
address safety and site functioning issues including lighting, parking location and
number of spaces, on site traffic, fencing, improved front yard landscaping,
grading and stormwater management and building alterations. Despite requests
to the owner for conceptual site designs to address the functioning of the site, to
date, staff have not received any drawings for review.
3.3 An Order To Comply has been issued for the building construction and
change of use
The building on the subject site was converted to a gymnastics facility without
City approvals. On January 23, 2008 an Order to Comply, for construction and
change of use of a building without a permit, was issued by the City. Since the
Order has not been complied with, the City is pursuing legal action.
Report PD 39-08
October 6, 2008
Subject: Dalar Properties Limited (A 11/07)
, I, I ,1 6
Page 5
4.0 Applicant's Comments
The applicant is aware of the contents of this report.
Attachments:
1 . Location Map
2, Applicant's Conceptual Site Plan
3, 150 m Radius Map / WPCP
4. Text of Information Report No, 02-08
5. Minutes from January 7,2008 Statutory Public Information Meeting
6. Agency Comment - Region of Durham Planning Department - Jan. 8/08
7. Agency Comment - Region of Durham Planning Department - Feb. 20/08
Prepared By:
Approved/Endorsed By:
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Lynda Tayl r, MCIP, RPP
Manager, Development eview
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Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City ~~ncil
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PLAN Ml040, PT LOT 32,PT BLK C RP 40R.l0559 PART 5,6 l'
OWNER DALAR PROPERTIES LTD. DATE NOV. 30, 2007 DRAWN BY JB
FILE No. A 011/07 SCALE 1 :5000 CHECKED BY RC
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2005 MPAC and its supplIers. All rights Regerved. Not 0 pion of Survey.
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INFORMATION COMPILED FROM APPLICANTS
SUBMITTED PLAN
A 011/07 - DALAR PROPERTIES LTD.
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McKAY ROAD
TO AMEND THE ZONING TO ADD
COMMERCIAL RECREATIONAL
USES, INCLUDING A
GYMANSTICS FACILITY, A
DANCE STUDIO, A KARATE
CLUB, AND A SOCCER CLUB AS
PERMITTED USES,
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THiS M^P W^S PRODUCED BY THE CITY OF PICI(ERING PL^NNING &
DEVELOPMENT DEPARTMENT, PLANNING INFor1MATION SERViCES
DIVISION M^PPING ,\ND DESIGN, SEPT. 17,2007.
M",PH!1RSON COURT
Water Pollution Control Plant
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150 metre offset of Water Pollution Control Plant
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DATE: FEB. 8. 2008
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INFORMATION REPORT NO. 02-08
FOR PUBLIC INFORMATION MEETING OF
January 7, 2008
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zoning Amendment Application A 11/07
Dalar Properties Limited
1050 Squires Beach Road
Part of Lot 32 & Part of Block C, Plan M-1040
(Part 5 & 6, 40R-10559)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the subject property is located on the northwest corner of Squires Beach
Road and McKay Road (see Attachment #1 - Location Map);
a one-storey industrial warehouse building currently exists on the property;
the property is surrounded by a mix of warehousing, trucking and
manufacturing uses to the north, south, east and west.
2.0 APPLICANT'S PROPOSAL
the applicant has requested to amend the existing zoning to permit the
establishment of commercial recreational uses on the subject property
including a gymnastics facility, dance studio, karate club and soccer club;
- the proposal would utilize the existing building, subject to minor alterations /
conversions to accommodate the requested uses;
- the applicant's submitted plan is provided for reference (see Attachment #2).
Information Report No. 02-08
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Page 2
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3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Re~ional Official Plan
designates the subject lands as Urban Area - Employment Area;
establishes that designated Employment Areas shall be used for
manufacturing, assembly and processing of goods, service industries,
research and development facilities, warehousing, business parks;
the subject application will be assessed against the policies and the
provisions of the Durham Region Official Plan during the further processing of
the application;
3.2 Pickerin~ Official Plan
designates the subject lands as Employment Area - General Employment
within the Brock Industrial Neighbourhood;
permits manufacturing, assembly, research and development, warehousing,
storage of goods and materials, offices as a minor component to an industrial
operation, limited personal service uses serving the area, retail sales as a
minor component to an industrial operation (i.e. sales outlets);
also permits community, cultural and recreational uses with similar
performance characteristics that are more appropriately located within the
Employment Area;
3.3 Compendium Document to the Official Plan
there are no current development guidelines specific to the Brock Industrial
Neighbourhood;
3.4 Zonin~ By-law
the subject lands are zoned "M2S" Yard Storage and Manufacturing Zone by
By-law 2511, as amended by By-laws 61/74 and 4824/86;
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 commercial recreational uses such as a gymnastics
facility, dance studio, karate club and soccer club.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
no objections or concerns received to date;
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Information Report No. 02-08
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4.2 Agency Comments
Toronto and Region
Conservation Authority
no objections (see Attachment #3);
4.3 Staff Comments
in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
· reviewing the application in terms of its level of sustainable development
components;
· reviewing the proposed development in terms of compatibility with, and
sensitivity to, surrounding lands;
· reviewing the adequacy and location of on-site parking to support
commercial recreational uses on the property
· reviewing the driveway/internal road pattern to ensure appropriate vehicle
flow;
· reviewing the proposal to ensure that adequate information is provided,
that technical requirements are met and that the proposed site design is
appropriate and pedestrian friendly for the requested additional uses;
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
written comments regarding this proposal should be directed to the Planning
& Development Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Councilor a Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
Information Report No. 02-08
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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 plan are available for viewing at
the offices of the City of Pickering Planning & Development Department;
- the City of Pickering Planning & Development Department received a
Phase 2 Environmental Site Assessment with the Zoning Amendment
Application;
- the need for additional information will be determined through the review and
circulation of the applicant's current proposal.
6.3 Company Principal
- the owner of the subject property is Dalar Properties Limited.;
- the applicant and company principal is Dennis Large.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Rick Cefaratti
Planner II
Lynda Taylor, MCIP, RPP
Manager, Development Review
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Attachments
Copy: Director, Planning & Development
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APPENDIX NO. I TO
INFORMATION REPORT NO. 02-08
COMMENTING RESIDENTS AND LANDOWNERS
(1 ) none received
COMMENTING AGENCIES
(1) Toronto and Region Conservation Authority, December 7, 2007
COMMENTING CITY DEPARTMENTS
(1 ) none received
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() '8 Excerpts from
Planning & Development Committee
Meeting Minutes .', 5
Monday, January 7, 2008
7:30 pm - Council Chambers
Chair: Councillor Pickles
(II) PART 'A' - PLANNING INFORMATION MEETING
2. Information Report No. 02-08
Zoning By-law Amendment Application A 11/07
Dalar Properties Limited
1050 Squires Beach Road
Part of Lot 32 & Part of Block C, Plan M-1040
(Part 5 & 6, 40R-1 0559)
City of Pickerinq
A public information meeting was held under the Planning Act, for the purpose of
informing the public with respect to an application submitted by Dalar
Properties Limited for property municipally known as 1050 Squires Beach 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.
Rick Cefaratti,' Planner II, gave an overview of zoning amendment application A
11/07.
No members of the public in attendance at the public information meeting
spoke in support or opposition to application A 11/07.
2
The Regional
Municipality
of Durham
Planning Department
605 ROSSLAND ROAD E
4'H FLOOR
PO BOX 623
WHITBY, ON L1N 6A3
'Cl05) 668-7711
JX: (905) 666-6208
E-mail: planning@
region.durham .on ca
www.regiondurham.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
"Service Excellence
for our Communities"
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January 8, 2008
Rick Cefaratti, Planner II
Planning and Development Department
City of Pickering
One The Esplanade
Pickering, Ontario
L 1V 6K7
Sent. via email to:
reefaratti@eitV.pickerinq.on.ea
Mr. Cefaratti:
Re: Zoning Amendment Application A11/07
Applicant: Dalar Properties Limited
Location: 1050 Squires Beach Road
Municipality: City of Pickering
We have reviewed this application to amend the zoning on the above
noted property. The following comments are offered for your
consideration.
The purpose of the application is to permit commercial recreational uses
on the subject property including a gymnastics facility, dance studio,
karate club and soccer club.
Reqional Official Plan
The lands subject to this application are designated "Employment Area"
in the Durham Regional Official Plan. The examples of permitted uses in
the Employment Area policies of the Regional Official Plan illustrate the
range of activities permitted. Specific uses, such as those proposed, may
be defined in the area municipal zoning by-law.
Provincial Policies & Deleqated Review Responsibilities
This application has been screened in accordance with the terms of the
provincial plan review responsibilities. A Phase II Environmental Site
Assessment (ESA), prepared by AMEC Limited, was undertaken as a
means of addressing the subsurface and ground water conditions on the
subject property for environmental impact associated with a previous
manufacturing facility. The Phase II ESA indicates that the potential for
significant contamination on the subject lands is considered low. The
report recommends environmental management be undertaken for the
removal of a spill containment UST and hydraulic lift as well as the
removal of all remaining drums of chemicals on site. An agreement
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between the applicant and the City of Pickering should contain the
necessary provisions to ensure the implementation of the
recommendations in the report.
As per Regional policy, a reliance letter and a Record of Site Condition
prepared and submitted in accordance with Ontario Regulation 153/04
should be submitted for all development applications that have
undergone a Phase II ESA. A holding symbol is encouraged to be used
in conjunction with the required zone category and not removed until such
time as the Region's requirements including; the submission of a reliance
agreement letter and a Record of Site Condition has been completed to
the satisfaction of the Region.
Reqional Services
Municipal water supply and sanitary sewer services are available to the
subject property.
Please contact me should you have any questions or require any
additional information regarding this matter.
a~W\~hNl
Dwayne Campbell, Project Planner
Current Planning
Copy (via email): Regional Works Department - Pete Castellan
The Regional
Municipality
of Durham
Planning Department
605 ROSSLAND ROAD E
4"' FLOOR
PO BOX 623
WHITBY,ON L1N6A3
'(05) 668-7711
JX: (905) 666-6208
E-mail: planning@
region.durham.on.ca
www.region.durham.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
"Service Excellence
for our Communities"
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February 20, 2008
Rick Cefaratti, Planner II
Planning and Development Department
City of Pickering
One The Esplanade
Pickering, Ontario
L 1 V 6 K7
Sent via email to:
rcefaratti@citV.pickerinq.on.ca
Mr. Cefaratti:
Re: Zoning Amendment Application A09/07 and A 11/07
Location: 1050 and1100 Squires Beach Road
Municipality: City of Pickering
Further to our comments of January 8, 2008 for the two above-noted
zoning amendment applications, the Regional Works Department has
provided additional comments as the subject properties are within the
vicinity of the Duffin Creek Water Pollution Control Plant (WPCP).
The Works Department has indicated that the Ministry of the Environment
(MaE) Guideline 0-2 - Compatibilitv Between Sewaqe Treatment and
Sensitive Land Uses provides recommended separation distances for all
development or redevelopment applications for residential or other
sensitive land uses adjacent to sewage treatment facilities. The
proposed commercial recreational uses at 1050 Squires Beach Road are
within the recommended separation distance requirements of MaE
Guideline 0-2. The guideline also advises that a separation distance of
greater than 150 metres may be required on an individual basis. The
proposed commercial recreational uses at 1100 Squires Beach Road are
outside of the recommended separation distance but are within the
vicinity of the Duffin Creek WPCP approaching the recommended
separation distance.
As the proposed commercial recreational usesare within or approaching
the recommended separation distance of MaE Guideline 0-2, the Region
does not support the proposed commercial recreational uses at 1050 and
1100 Squires Beach Road. The proposed industrial and office uses may
be permitted.
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Please contact me should you have any questions or require any
additional information regarding this matter.
a~W\~MVl
Dwayne Campbell, Project Planner
Current Planning
Copy (via email): Rich Tindall - Regional Works Department
Pete Castellan - Regional Planning Department