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HomeMy WebLinkAboutPLN 05-23Report to Planning & Development Committee Report Number: PLN 05-23 Date: March 6, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 10/22 City Initiated 2570 Tillings Road Recommendation: 1. That Zoning By-law Amendment Application A 10/22, initiated by the City of Pickering, to rezone the lands at 2570 Tillings Road to permit a public elementary school and a public park, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 05-23, be finalized and forwarded to Council for enactment. Executive Summary: The proposed amendment is to rezone the northeastern portion of 2570 Tillings Road to permit an elementary school and related uses. The northwestern portion of the property is proposed to be rezoned to permit a public park, and the remaining southern portion of the property is proposed to be rezoned to an open space zone category. The Durham District School Board has applied for provincial funding to acquire approximately 2.8 hectares of City-owned lands, to facilitate the construction of a new public elementary school. They are in a position to purchase the City lands, subject to receiving zoning approval and a Record of Site Condition from the Ministry of the Environment, Conservation and Parks. The amendments are in keeping with the City’s Official Plan policies. Furthermore, the proposed school and park are much needed community facilities for the Duffin Heights Neighbourhood that will serve existing and future students and residents. Accordingly, staff recommend that Council approve Zoning By-law Amendment Application A 10/22, and that the implementing zoning by-law, containing the standards set out in Appendix I to this report, be finalized and brought before Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the recommendation of this report. 1. Background The purpose of this report is to obtain Council’s approval regarding an application for Zoning By-law Amendment, initiated by the City, to rezone the lands at 2570 Tillings Road to permit a public elementary school and a public park. PLN 05-23 March 6, 2023 Subject: Zoning By-law Amendment Application A 10/22 Page 2 The subject lands, having a total land area of approximately 7.2 hectares, are located at the southwest corner of Tillings Road and Scenic Lane Drive, within the Duffin Heights Neighbourhood (see Figure 1: Location Map below). The intention is to sell approximately 2.8 hectares of the property to the Durham District School Board (DDSB) to facilitate the construction of a public elementary school. Figure 1: Location Map In December of 2022, the DDSB applied for Site Plan Approval to permit the construction of a new two-storey public elementary school on the northeastern portion of the subject property. For the DDSB to receive Provincial funding to acquire the lands, and to obtain a building permit to construct the new school, the site is required to be zoned to an appropriate zone category that permits an elementary school and related uses. Immediately to the west of the proposed school, the City is proposing a future public park. As part of this application, the City is proposing to rezone the northwestern portion of the property to permit a public park. The remainder of the property to the south, containing a significant woodlot and a tributary of the Ganatsekiagon Creek, is proposed to be rezoned to an open space zone category. A detailed description of the proposed amendment is included in Information Report 01-23, which is provided as Appendix II to this report. PLN 05-23 March 6, 2023 Subject: Zoning By-law Amendment Application A 10/22 Page 3 2.February 6, 2023 Statutory Public Meeting and Written Comments A statutory public meeting was held on February 6, 2023. No residents spoke at the meeting. Before the public meeting, the City received written comments from one resident, who requested that a public library be attached to the new elementary school. The following is a summary of key questions/comments raised by Committee members during the statutory public meeting, and staff’s response. Questions from Committee Members Staff’s Response Requested an update regarding the timelines to complete the remediation works. All of the remediation work for this property has been completed and the site is clean. The City’s contractors, who were demolishing the existing buildings on the site, have dismantled all buildings and structures and are now off the site. The City has submitted a Risk Assessment Report to the Ministry of the Environment, Conservation and Parks (the Ministry). The report is currently under review and awaiting the Ministry to issue the Record of Site Condition. What are the next steps for the Durham District School Board (DDSB)? The DDSB has applied for Site Plan Approval, and the plans are currently under review. The DDSB is looking to begin construction in the Summer of 2023, and open the school in September 2024. The approval of the City Initiated Zoning By-law Amendment is required for the DDSB to receive Provincial funding to acquire the lands. Will the northwestern portion of the property, where the future park is proposed, remain under City ownership? The City will retain ownership of the northwestern portion of the property, which is identified as future parkland. The remaining southern portion of the property, which contains natural heritage features, will also be retained in the City’s ownership. 3.The proposed amendments conform to the Pickering Official Plan The Pickering Official Plan designates the majority of the subject property as “Urban Residential Areas – Medium Density Areas”. Small portions of the property along the western and eastern lot lines are designated as “Open Space System – Natural Areas”. Community uses such as schools, childcare facilities and parks are permissible uses within the Urban Residential Areas land use designation. In addition, the Duffin Heights Neighbourhood Map identifies the northeastern portion of the subject property as a site for a proposed public elementary school. Notwithstanding the Official Plan designating the majority of the property as “Urban Residential Areas – Medium Density Areas”, Schedule III B to the Official Plan further identifies the southern portion of the property as “Significant Woodlands” and containing PLN 05-23 March 6, 2023 Subject: Zoning By-law Amendment Application A 10/22 Page 4 a “Permanent and/or Intermittent Stream”. To protect the significant woodlot and tributary, the City is proposing to rezone the southern portion of the property to an appropriate open space zone category. The zoning amendments are in keeping with the City’s Official Plan policies. Furthermore, the proposed school and park are much needed community facilities for the Duffin Heights Neighbourhood that will serve existing and future students and residents. 4. Zoning By-law to be forwarded to Council for enactment Staff recommend that Council approve Zoning By-law Amendment Application A 10/22, and that the implementing zoning by-law, containing the standards set out in Appendix I to this report, be finalized and brought before Council for enactment. Appendices Appendix I Recommended Implementing Zoning By-law Amendment A 10/22 Appendix II Information Report 01-23 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 05-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 10/22 The Corporation of the City of Pickering Draft By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended by By-law 6577/05, to implement the Official Plan of the City of Pickering, Region of Durham, being Part Lot 20, Concession 3 S, Now Part 2, 40R-2208, and Parts 1 and 2, 40R-9418, City of Pickering (A 10/22) Whereas the Council of the Corporation of the City of Pickering initiated an application to permit a public elementary school and public park for the lands being Part Lot 20, Concession 3 S, Now Part 2, 40R-2208, and Parts 1 and 2, 40R-9418; And whereas an amendment to Zoning By-law 3037, as amended by By-law 6577/05, 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 reference 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 3 S, Now Part 2, 40R-2208, and Parts 1 and 2, 40R-9418, in the City of Pickering, designated “ES”, “NP” 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. Definitions In this By-law, (1) “Building” means a structure occupying an area greater than 10 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (2) “Day Care Centre” means indoor and outdoor premises where more than five children are provided with temporary care and/or guidance for a continuous period but does not provide overnight accommodation and are licensed in accordance with the applicable Provincial Act. By-law No. XXXX/23 Page 2 Draft (3) “Gross Floor Area” means the total area of each floor whether located above, at or below grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. (4) “Gross Leasable Floor Area” means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floor areas if any; expressed in square metres and measured from the centre line of joint partitions and from outside wall faces. (5) “Landscaped Area” means an outdoor area on a lot comprising trees, plants, decorative stonework, retaining walls, walkways, or other landscape or architectural elements, excluding aisles and areas for loading, parking or storing of vehicles. (6) “Neighbourhood Park” means a municipal public park. (7) “School, Elementary” means a place of instruction maintained and operated under the jurisdiction of a public authority, and may also include a day care centre as an accessory use. (8) “Structure” means anything that is erected, built or constructed of parts joined together with a fixed location on the ground, or attached to something having a fixed location in or on the ground and shall include buildings, walls or any sign, but does not include fences below six feet in height or in ground swimming pools. 5. Permitted Uses and Zone Regulations (“ES” Zone) (1) Permitted Uses (“ES” Zone) No person shall, within the lands zoned “ES” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Elementary School b) Day Care Centre (2) Zone Regulations (“ES” Zone) No person shall, within the lands zoned “ES” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot Frontage i) minimum – 30.0 metres b) Front Yard Setback i) minimum – 3.0 metres c) Interior Side Yard Setback i) minimum – 1.5 metres By-law No. XXXX/23 Page 3 Draft d) Rear Yard Setback i) minimum – 7.5 metres e) Flankage Side Yard Setback i) minimum – 3.0 metres f) Building Height i) maximum – 12.5 metres for an elementary school ii) maximum – 10.5 metres for a day care cente (3) Vehicular Parking Regulations (“ES” Zone) a) Minimum Parking Requirements Elementary School 1.5 spaces per classroom Day Care Centre 3.5 spaces per 100 square metres of gross leasable floor area 6. Permitted Uses (“NP” Zone) (1) Permitted Uses (“NP” Zone) No person shall, within the lands zoned “NP” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Neighbourhood park 7. Permitted Uses and Zone Regulations (“OS” Zone) (1) Permitted Uses (“OS” Zone) No person shall, within the lands zoned “OS” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Perseveration and conservation of the natural environment b) Stormwater management (2) Zone Regulations (“OS” Zone) No buildings or structures shall be permitted to be erected except where buildings or structures are used only for purposes of perseveration and conservation of the natural environment and/or stormwater management. By-law No. XXXX/23 Page 4 Draft 8. By-law 3037 By-law 3037, as amended by By-law 6577/05, 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 this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037. 9. Effective Day That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 27th day of March, 2023. ________________________________ Draft Kevin Ashe, Mayor ________________________________ Draft Susan Cassel, City Clerk Ti l l i n g s R o a d Elmsley Drive Scenic Lane Drive Te a k M e w s Dersan Street Clerk Mayor i N XXXX/23Schedule I to By-Law Passed This 27th Day of March 2023 ES 14 0 . 1 m 201.8m NP OS 200.7m 14 2 . 8 m 102.4m 94 . 8 m 312.3m 101.4m 13 8 . 7 m 96 . 0 m Appendix II to Report PLN 05-23 Information Report 01-23 Information Report to Planning & Development Committee Report Number: 01-23 Date: February 6, 2023 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application 10/22 City Initiated 2570 Tillings Road 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for Zoning By-law Amendment, initiated by the City, to rezone the subject lands to permit a future public elementary school and a future public park. 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 proposed amendment. Planning & Development Committee will hear public delegations on the application, ask questions of clarification and identify any planning matters. This report is for information and no decision 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. Property Location and Description The subject property, having a total land area of approximately 7.2 hectares, is located at the southwest corner of Tillings Road and Scenic Lane Drive, within the Duffin Heights Neighbourhood (see Location Map, Attachment #1). The property is currently owned by the City, and was previously occupied by the City’s Operations Centre. The existing structures on the property have been demolished. The intention is to sell approximately 2.8 hectares of the property to the Durham District School Board to facilitate the future construction of a public elementary school. The surrounding land uses are as follows (see Air Photo Map, Attachment #2): North: To the north, across Scenic Lane Drive, are existing detached, semi-detached, and townhouse dwellings. East: To the east, across Tillings Road on the north and south sides of Dersan Street, are woodlots owned by the Province of Ontario. Information Report 01-23 Page 2 South: Immediately to the south is a vacant, wooded parcel that is privately owned. Further south is a stormwater management pond owned by the City of Pickering. West: To the west are lands owned by the City of Pickering containing significant woodlands. 3. Proposed City-Initiated Zoning By-law Amendment In December of 2022, the Durham District School Board (DDSB) submitted an application for Site Plan Approval (File: S 17/22) to permit the construction of a new two-storey public elementary school on the northeastern portion of the subject property (see the Submitted Site Plan from the DDSB, Attachment #3). The proposed new school is anticipated to accommodate 536 students, and will include four new childcare rooms with 73 childcare spaces. The DDSB has advised that the new school is tentatively scheduled to open in September 2024. For the DDSB to receive Provincial funding to acquire the lands, and to obtain a building permit to construct the new school, the site is required to be zoned to an appropriate zone category that permits an elementary school and related uses. Currently, the subject property is zoned “A – Rural Agriculture Zone” within Zoning By-law 3037, as amended by By-law 6577/05. Permissible uses within the “A” Zone include a detached dwelling, home occupation, various agricultural uses, public or private parks, and agricultural-related business uses. Prior to the passing of Amending By-law 6577/05, institutional uses (including schools) were permitted with the “A” Zone. In 2005, the City initiated a zoning by-law amendment application (File A 15/05) to restrict institutional uses on lands zoned Rural Agriculture within the City. At the time, staff determined that the continued permission of institutional uses on agricultural lands on an ‘as-of-right’ basis did not conform with policies in the Pickering Official Plan, and risked potential conflict with surrounding urban and rural uses. Therefore, Zoning By-law 6577/05 was passed, which removed institutional uses as a permitted use on lands zoned Rural Agriculture, while existing institutional uses continued to be permitted. In addition, it was determined that new institutional uses could be permitted through site-specific rezoning applications, as this would allow Council to ensure that individual developments conform with Official Plan policies, and are compatible with nearby land uses. As such, the City is proposing administrative changes to the existing zoning by-law to permit an elementary school and related uses on the northeastern portion of the property. Immediately to the west of the proposed school, the City is proposing a future public park. As part of this rezoning, the City is also proposing to rezone the northwestern portion of the property to permit a public park. The future park will have an area of approximately 1.4 hectares. A preliminary proposal for the park includes a children’s playground, walking paths and a potential tennis/pickleball court. The remainder of the property to the south, which contains a significant woodlot, is proposed to be rezoned to an appropriate open space zone category. Information Report 01-23 Page 3 4. Pickering Official Plan The Pickering Official Plan designates the majority of the subject property as “Urban Residential Areas – Medium Density Areas”. A small portion of the property along the western lot line is designated as “Open Space System – Natural Areas”. Community uses such as schools, childcare facilities and parks are permissible uses within the Urban Residential Areas land use designation. The Duffin Heights Neighbourhood Map identifies the subject property as a site for a proposed public elementary school. The proposed amendment conforms to the policies within the Pickering Official Plan. 5. Notification of Statutory Public Meeting Notice of the Statutory Public Meeting regarding this application was provided through a mailing to all properties within 150 metres of the subject property (in total, notice was mailed to 105 property owners). In addition, a public meeting notice sign was erected at the property on January 5, 2023. As of the date of this report, no written or verbal comments have been received from the public. 6. Planning & Design Section Comments The subject property was always intended for the use of a future public elementary school. The proposed school is a much needed community facility for the Duffin Heights Neighbourhood that will serve existing and future students. Furthermore, the proposed park will provide additional public open space that will serve the growing neighbourhood. To achieve the DDSB’s deadlines to obtain funding approval from the Province and acquire the lands from the City to enable the construction of the school, City staff intend to bring forward a recommendation report to the March 6, 2023 Planning & Development Committee meeting for approval, and to the March 27, 2023 Council meeting for Council to enact the implementing zoning by-law. 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. Information Report 01-23 Page 4 8. Owner/Applicant Information The City is the current owner of the property and the applicant. Attachments: 1. Location Map 2. Air Photo Map 3. Submitted Site Plan 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: January 20, 2023 Attachment #1 to Information Report 01-23 Dersan Street Ti l l i n g s R o a d Bruny Avenue Winville Road Edgecroft Drive Elmsley Drive Scenic Lane Drive Palmer's Sawmill Road 1:4,000 SCALE: © 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, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 10/22 THIS IS NOT A PLAN OF SURVEY. Date: Jan. 11, 2023 City of Pickering2570 Tillings Road SubjectLands L:\PLANNING\01-MapFiles\A\2022\A 10-22 City of Pickering\A10_22_LocationMap.mxd Future School Site Open Space Lands Future Park Attachment #2 to Information Report 01-23 Dersan Street Ti l l i n g s R o a d Bruny Avenue Winville Road Edgecroft Drive Elmsley Drive Scenic Lane Drive Palmer's Sawmill Road Te a k M e w s Air Photo MapFile:Applicant:Municipal Address:Date: Jan. 11, 2023 L:\PLANNING\01-MapFiles\A\2022\A 10-22 City of Pickering\A10_22_AirPhoto.mxd 1:4,000 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 SubjectLands Future School Site Open Space Lands Future Park A 10/22City of Pickering2570 Tillings Road Attachment #3 to Information Report 01-23 L:\Planning\01-MapFiles\A\2022 January 13, 2023DATE: Applicant: Municipal Address: File No: Submitted Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 10/22 2570 Tillings Road City of Pickering