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HomeMy WebLinkAboutPLN 44-22Report to Council Report Number: PLN 44-22 Date: September 20, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 06/22 Mattamy (Seaton) Limited Lots 297 to 300 and Block 476 within Plan 40M-2734 Recommendation: 1.That Zoning By-law Amendment Application A 06/22, submitted by Mattamy (Seaton) Limited, to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule within Zoning By-law 7364/14, as amended, to switch the location of the Low Density Residential (LD1) zone and the Open Space (OS) zone boundaries, to reflect the relocation of a village green and residential lots, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 44-22, be enacted. Executive Summary: The proposed amendment to the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule is to change the boundaries of the Low Density Residential (LD1) zone and the Open Space (OS) zone to reflect the relocation of a village green from an internal location to adjacent to the Natural Heritage System. The amendment is in keeping with the City’s Official Plan policies and the design objectives of the Seaton Sustainable Place-Making Guidelines. Accordingly, staff recommend that Council approve Zoning By-law Amendment Application A 06/22, and enact the zoning by-law provided as Appendix I to this report. Financial Implications: No direct costs to the City are anticipated as a result of the recommendation of this report. Discussion: The purpose of this report is to obtain Council’s approval regarding an application for Zoning By-law Amendment, submitted by Mattamy (Seaton) Limited, proposing to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule, to implement modifications to Draft Approved Plan of Subdivision SP-2009-12. The lands within Draft Approved Plan of Subdivision SP-2009-12 are located on the west and east sides of Mulberry Lane, and south of Alexander Knox Road, within the Seaton Community. The development blocks subject to this rezoning application are located on the east side of the draft approved plan, abutting the Natural Heritage System to the east (see Location Map on the next page). PLN 44-22 Subject: Mattamy (Seaton) Limited September 20, 2022 Page 2 Figure 1: Location Map During further processing of the draft approved plan, City staff requested that the village green be relocated easterly, to provide a direct connection to the Natural Heritage System (NHS) and future trail system. The purpose of the zoning by-law amendment is to switch the location of the Low Density Residential (LD1) zone and the Open Space (OS) zone categories, to reflect the relocation of the village green and residential lots. A detailed description of the proposal is included in Information Report 10-22, which is provided as Appendix II to this report. The Statutory Public meeting was held on September 6, 2022. No comments were received from the public. The zoning amendment is in keeping with the policies in the Pickering Official Plan and the design objectives of the Seaton Sustainable Place-Making Guidelines. Therefore, it is recommended that the draft implementing zoning by-law, provided as Appendix I to this report, be enacted by Council. PLN 44-22 Subject: Mattamy (Seaton) Limited September 20, 2022 Page 3 Appendices Appendix I Recommended Implementing Zoning By-law Amendment A 06/22 Appendix II Information Report 10-22 Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 44-22 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 06/22 The Corporation of the City of Pickering Draft By-law No. XXXX/22 Being a by-law to amend Restricted Area (Zoning) By-law 7364/14, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part Lot 20, Concession 4, Now 40R-24146, Part 5; and now Lots 297 to 300 and Block 476 within Plan 40M-2734 (A 06/22) Whereas the Council of The Corporation of the City of Pickering received an application to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule for the lands being Part Lot 20, Concession 4, Now 40R-24146, Part 5; and now Lots 297 to 300 and Block 476 within Plan 40M-2734; And whereas an amendment to Zoning By-law 7364/14, as amended, is deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedule I Schedule I attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2.Area Restricted The provisions of this By-law shall apply to those lands being Part Lot 20, Concession 4, Now 40R-24146, Part 5, in the City of Pickering, designated “LD1” and “OS” on Schedule I to this By-law. 3.General Provisions No building, structure, 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.By-law 7364/14 By-law 7364/14, as amended, is hereby further amended only to the extend necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7364/14, as amended. 5.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law No. XXXX/22 Page 2 By-law passed this 19th day of September, 2022. ________________________________ Draft David Ryan, Mayor ________________________________ Draft Susan Cassel, City Clerk Mu l b e r r y L a n e Clerk Mayor N Schedule I to By-Law XXXX/22Passed This 19th Day of September 2022 LD1 211.6m OS OS 73.5m 75.5m 43 2 . 1 m 54.7m 89.6m 166.3 m 76 . 9 m 59.0m46.5m 67.5m 65.8m 31 . 3 m 8 8 . 1 m 92 . 7 m 27.4m 29 . 8 m Appendix II to Report PLN 44-22 Information Report 10-22 Information Report to Planning & Development Committee Report Number: 10-22 Date: September 6, 2022 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application A 06/22 Mattamy (Seaton) Limited Part Lot 20, Concession 4, Now 40R-24146, Part 5 1.Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for Zoning By-law Amendment, submitted by Mattamy (Seaton) Limited, to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule to implement modifications to Draft Approved Plan of Subdivision SP-2009-12. This report contains background information on the proposed amendment. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the application, ask questions of clarification, and identify any planning issues. This report is for information and no decision on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon review of the comments received and revisions to the amendment if necessary. 2.Background Information 2.1 Property Description The lands within Draft Approved Plan of Subdivision SP-2009-12 are located on the west and east sides of Mulberry Lane and south of Alexander Knox Road, within the Seaton Community. The development blocks (Block 476 and Lots 297 to 300 on Figure 1 below) subject to this zoning by-law amendment application are located on the east side of the draft approved plan, abutting the Natural Heritage System to the east (see Location Map and Air Photo Map, Attachments #1 and #2). These lands were draft plan approved by the Ontario Municipal Board (OMB) in early 2014 (see Draft Approved Plan of Subdivision SP-2009-12, Attachment #3). The subdivision agreement for the lands were registered on July 28, 2022. There is a clause within the agreement that states that the development blocks subject to this rezoning application cannot be developed until this rezoning application becomes final and binding. In addition, the agreement acknowledges that the City authorized the owner to develop the village green on behalf of the City, subject to conditions. Information Report 10-22 Page 2 2.2 Relocation of the Village Green within the Draft Approved Plan of Subdivision The OMB-approved draft plan shows a village green located at the northeast corner of Honey Locust Place and Sandal Wood Trail. To the east of the village green are residential lots that abut the Natural Heritage System (NHS) to the east (see Figure 1 below, Original Park Layout). During the processing of the plan following draft plan approval, City staff requested that the village green be relocated further east, in order to provide a direct connection to the NHS and future trail system (see Figure 1 below, Revised Park Layout). Figure 1: Original Park Layout and Revised Park Layout Information Report 10-22 Page 3 The new location of the village green maintains frontage onto both Honey Locust Place and Sandal Wood Trail. The park has been designed to provide a pedestrian connection between Honey Locust Place and Sandal Wood Trail, as well as future connections to the Primary Neighbourhood Connecting Trail and Secondary Recreation Trail (see Figure 2 below). As a result of the relocation, the size of the village green has increased from 0.17 of a hectare to 0.231 of a hectare, without having to sacrfice a residential lot. The playground area is also further removed and protected from the adjacent roads. Figure 2: Village Green Landscape Plan The purpose of the zoning by-law amendment is to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule to switch the location of the low density residential (LD1) zone and the open space (OS) zone boundaries to be consisent with the final draft plan. 3.Policy Framework 3.1 Pickering Official Plan The portion of lands subject to this zoning by-law amendment application are designated “Urban Residential Areas – Low Density Areas”. Residential and recreational uses are permitted within this designation. Information Report 10-22 Page 4 The Plan states that village greens must have road frontage on three sides, but may be less where other design alternatives are used to achieve public view and access. The park has road frontage onto Honey Locust Place to the north and Sandal Wood Trail to the south. The east side of the park fronts onto a publicly-owned piece of property. This design alternative is desirable as it provides a direct connection to the Natural Heritage System and future trail system. The proposal conforms to the policies within the Pickering Official Plan. 3.2 Seaton Sustainable Place-Making Guidelines In addition to the policies with the Official Plan, the Seaton Sustainable Place-Making Guidelines state that village greens must provide: •formalized paths to connect to pedestrian sidewalks and trails within the Natural Heritage System, and are consistent with pedestrian desire lines; •soft landscaping to serve non-programmed recreational uses; and •facilities such as play structures, splash pads, open informal play areas, seating with shade opportunities as well as community mail boxes and information boards. The proposal achieves the design objectives of the Seaton Sustainable Place-Making Guidelines. 3.3 Zoning By-law 7364/14, as amended The portion of lands subject to this zoning by-law amendment application are zoned “Low Density Type 1 (LD1) Zone” and “Open Space (OS) Zone” within Zoning By-law 7364/14, as amended by By-law 7857/21 (see Figure 3 below, Existing Zoning). Permissible uses within the LD1 Zone include a detached dwelling, semi-detached dwelling, and accessory dwelling unit. Permissible uses within the OS Zone include community gardens, play fields, playgrounds, picnic areas, and public trails and trailheads. The applicant is requesting an amendment to the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule to switch the location of the low density residential (LD1) zone and the open space (OS) zone boundaries, to reflect the relocation of the village green and residential lots (see Figure 3 below, Proposed Zoning). Information Report 10-22 Page 5 Figure 3: Existing and Proposed Zoning 4.Comments Received 4.1 Public Comments Notice of the Statutory Public Meeting regarding this application was provided through a mailing to all properties within 500 metres of the entire land area of Draft Approved Planof Subdivision SP-2009-12 (in total, notice was mailed to 148 properties). In addition, notice of the Statutory Public Meeting was included in the August 19, 2022 and September 2, 2022 News Advertiser. As of the date of this report, no written or verbal comments have been received from the public. 4.2 Agency Comments The application was circulated to the following agencies for their review and comment: Region of Durham, Toronto and Region Conservation Authority, Bell Canada, Canadian National Railway Properties Inc., Elexicon Energy, Enbridge Gas, Canada Post, Canadian Pacific Railway, Hydro One, Durham District School Board, Durham Catholic District School Board, Conseil Scolaire Catholique MonAvenir, Le Conseil Scolaire de District Du Centre-Ouest, Ontario Power Generation, Trans Northern Pipelines Inc., Rogers Cable and Durham Regional Police. As of the date of this report, comments have been received from the following agencies: 4.2.1 Region of Durham •The Region has reviewed the zoning by-law amendment and have no concerns. Information Report 10-22 Page 6 4.2.2 Toronto and Region Conservation Authority (TRCA) •The TRCA supports this application. 4.2.3 Durham District School Board •Staff has reviewed the information on the above-noted application and has no objection to the amendment. 4.2.4 Enbridge Gas •Enbridge Gas Inc. does not object to the proposed application, however we reserve the right to amend our development conditions. 4.3 City Department Comments The application was circulated to the following City departments for their review and comment: Engineering Services, Building Services, Fire Services and Sustainability. As of the date of this report, comments have been received from the following department: 4.3.1 Engineering Services •No concerns with approval of this zoning by-law amendment application. 5.Planning & Design Section Comments The proposed revisions to the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule conforms to the Pickering Official Plan and the Seaton Sustainable Place-Making Guidelines. Staff will finalize and forward an implementing Zoning By-law to Council for enactment on September 19, 2022. 6.Information Received Copies of the plans and studies submitted in support of the application are listed below and available for viewing on the City’s website at pickering.ca/devapp or at the offices of the City of Pickering, City Development Department: •Cover Letter, prepared by Korsiak Urban Planning, dated June 22, 2022; •Draft Zoning By-law, prepared by Korsiak Urban Planning; •Existing & Proposed Zoning Plan, prepared by Korsiak Urban Planning, dated June 21, 2022; •Landscape Plan, prepared by NAK Design Strategies, dated April 14, 2022; and •Draft Plan of Subdivision, prepared by Macaulay Shiomi Howson Ltd., revised and dated May 31, 2013. Information Report 10-22 Page 7 7. Procedural Information 7.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Statutory Public Meeting; • all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; • any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and • any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. 8. Owner/Applicant Information The owner of this property is Mattamy (Seaton) Limited, who is represented by Korsiak Urban Planning. Attachments: 1. Location Map 2. Air Photo Map 3. Draft Approved Plan of Subdivision SP-2009-12 Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner IL:ld Date of Report: August 15, 2022 Attachment #1 to Information Report 10-22 S tillmead o w L a ne Alexander Knox Road Mu l b e r r y L a n e City DevelopmentDepartment Location MapFile:Applicant:Property Description: A 06/22 Date: Jun. 28, 2022 Mattamy (Seaton) LimitedPart Lot 20, Concession 4, Now 40R-24146, Part 5 Lands within Draft Approved Plan of Subdivision SP-2009-12 L:\PLANNING\01-MapFiles\A\2022\A 06-22 Mattamy (Seaton) Limited\A06_22_LocationMap.mxd 1:5,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Portion of Lands Subject to Rezoning Attachment #2 to Information Report 10-22 S till m e a dowLane Alexander Knox Road Holly berry Trail Willowridge Path Mu l b e r r y L a n e Air Photo MapFile:Applicant: Date: Jul. 13, 2022 L:\PLANNING\01-MapFiles\A\2022\A 06-22 Mattamy (Seaton) Limited\A06_22_AirPhoto.mxd 1:5,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Lands within Draft Approved Plan of Subdivision SP-2009-12 Portion of Lands Subject to Rezoning A 06/22Mattamy (Seaton) LimitedPart Lot 20, Concession 4, Now 40R-24146, Part 5Property Description: Attachment #3 to Information Report 10-22 Draft Approved Plan of Subdivision SP-2009-12 City Development Department July 20, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 06/22 Mattamy (Seaton) LimitedApplicant: Property Description: DATE: File No: Part Lot 20, Concession 4, Now 40R-24146, Part 5 L:\Planning\01-MapFiles\A\2022 N