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HomeMy WebLinkAboutCAO 02-21Report to Council Report Number: CAO 02-21 Date: March 22, 2021 From: Marisa Carpino Chief Administrative Officer Subject: Request for Partial Revocation of Minister’s Zoning Order 607/20 -Lands Located West of Squires Beach Road, North of Bayly Street -File: A-1440-001 Recommendation: 1.That the letter to Mayor Ryan, from the Minister of Municipal Affairs and Housing, dated March 12, 2021, asking if the City would like the Minster to consider amending Minister’s Zoning Order 607/20 to exclude the portion of the lands that would allow for the construction of a distribution centre, be received; 2.That the Minister of Municipal Affairs and Housing be requested to revoke Minister’s Zoning Order 607/20 from the lands located west of Squires Beach Road, municipally known as 1802 Bayly Street, in the City of Pickering; 3.That the Mayor be authorized to write to the Minister of Municipal Affairs and Housing, in response to the Minister’s letter, to make the formal request on behalf of Council; and 4.That Council’s resolution on this matter be forwarded to: the Pickering-Uxbridge MPP, the Honourable Peter Bethenfalvy; the MPP for Ajax, the Honourable Rod Phillips; the Region of Durham; the Toronto and Region Conservation Authority; and Triple Properties. Executive Summary: On October 30, 2020, the Minister of Municipal Affairs and Housing (the “Minister”) responded to a request from the City of Pickering by enacting Minister’s Zoning Order 607/20 (the “MZO”) on the Durham Live lands. The map that accompanied the MZO is provided as Attachment #1. The MZO established a number of new uses on the lands, including permission for a major warehouse/distribution centre on the lands west of Squires Beach Road (1802 Bayly Street). This facility was anticipated to have significant employment opportunities and economic benefits. The company originally interested in the site has recently indicated that they are no longer considering the use of the property at 1802 Bayly Street. The Minister has reached out to the Mayor, essentially inviting the City to reconsider its position on the use of an MZO on the lands at 1802 Squires Beach Road. Staff recommend that Council request that the Minister revoke the MZO as it applies to the lands west of Squires Beach Road. The MZO will remain in place on the lands east of Squires Report CAO 02-21 March 22, 2021 Subject: Request for Partial Revocation of MZO 607/20 Page 2 Beach Road. The Minister must conduct a mandatory consultation prior to amending the Order. Should the Order be amended as recommended, the zoning on the lands west of Squires Beach Road. would revert to “UR” – Urban Reserve, as identified in the City’s Zoning By-law 2511 as amended by By-law 7404/15. The only permissible uses in zone “UR” are: •outdoor recreation uses without buildings or structures; •preservation and conservation of the natural environment, soil and wildlife; or •existing lawful uses located on the land, or in existing buildings or structures, provided they continue in the same manner as prior to the passing of By-law 7404/15. Financial Implications: The recommendations of this report present no financial implications to the City. Discussion: On May 13, 2020, Pickering City Council passed Resolutions #293/20 to #295/20, requesting that the Minister of Municipal Affairs and Housing (the “Minister”) use his authority to pass a Minister’s Zoning Order (“MZO”) on the Durham Live lands. The request to City Council came as a submission from Durham Live to add additional uses to complement the Casino Pickering Resort, such as major retail use, a film studio and limited residential. Additionally, Durham Live indicated they had interest from a major distribution centre and production facility that required approximately 30 hectares of land. It was anticipated that this facility would generate substantial short and long-term economic benefits, as well as generate a significant number of jobs. On October 30, 2020, the Minister enacted MZO 607/20. Among other matters, the MZO established a “Warehouse and Logistics” zone on land located west of Squires Beach Road, municipally known as 1802 Bayly Street. (The map that accompanied the MZO is provided as Attachment #1). This property was approximately 25 hectares in size. The establishment of the Warehouse and Logistics zone would allow the project to move directly to the site plan approval and building permits application processes. It has now come to the Minister’s attention that this major company has indicated they no longer intend to pursue 1802 Bayly Street as the location for its facility. On March 12, 2021, the Minister wrote to Mayor Ryan asking if the City would like the Minister to consider amending the MZO to exclude those lands that would allow for the construction of a distribution centre (see Attachment #2). If an amendment to the MZO is requested by the City, there is a requirement for the Minister to undertake a public consultation prior to making a decision. In the absence to the Zoning Order on 1802 Bayly Street, the zoning of the lands would revert to “UR” – Urban Reserve, as identified in the City’s Zoning By-law 2511, as amended by By- law 7404/15. The only permissible uses are: outdoor recreation uses without buildings or structures; preservation and conservation of the natural environment, soil and wildlife; or Report CAO 02-21 March 22, 2021 Subject: Request for Partial Revocation of MZO 607/20 Page 3 existing lawful uses located on the land, or in existing buildings or structures, provided they continue in the same manner as prior to the passing of By-law 7404/15. Staff recommends that Council pass a resolution that the Minister of Municipal Affairs and Housing be requested to revoke Minister’s Zoning Order 607/20 from lands located west of Squires Beach Road, in Pickering, with the MZO remaining in place on the lands east of Squires Beach Road., and authorize the Mayor to respond to the Minister’s letter accordingly. Attachments: 1. Map 239 for Minister’s Zoning Order 607/21 2.Letter from the Minister of Municipal Affairs and Housing to Mayor Ryan, dated March 12, 2021 Prepared By: Approved/Endorsed By: Catherine Rose, MCIP, RPP Kyle Bentley, P. Eng. Chief Planner Director, City Development & CBO CR:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By Original Signed By Original Signed By E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E HIGHWAY 40 1 BAYLY STREET CHURCH STREET SOUTHSQUIRES BEACH ROADKELLINO STREET PICKERING PARKWAY SILICONE DRIVENOTION ROADCOPPERSTONE DRIVEBAYLY STREET WEST ASHFORD DRIVELARKSMERE COURT HIGHWAY 40 1 HIGHWAY 40 1 HIGHWAY 401 Information provided by the Ministry of Municipal Affairs and Housing, under licence with the Ministry of Natural Resources.© 2020, Queen's Printer for Ontario. 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G:\GIS_All\LEGAL_SERV\LGL_ADV_004\MZO\MZOs\MZO_239\MZO_239_20200617.mxd P a r t o f L o t s 1 5 , 1 6 a n d 1 7 , C o n c e s s i o n 1 P a r t o f L o t s 1 5 , 1 6 a n d 1 7 , C o n c e s s i o n 1 C i t y o f P i c k e r i n g , R e g i o n a l M u n i c i p a l i t y o f D u r h a m C i t y o f P i c k e r i n g , R e g i o n a l M u n i c i p a l i t y o f D u r h a m 0 140 28070 Metres K LEGEND MAP No. 239 Map filed at the office of the Ontario Ministry of Municipal Affairs and Housing, 777 Bay St., Toronto, Ontario, Planning Act Ontario Regulation: Date: Original Signed By: Land Subject to Zoning Order Parcel Boundary Roads Mixed Employment Zone Mixed Use Major Tourist and Entertainment Zone E E E E E E E E Natural Heritage and Open Space Zone Warehousing and Logistics ZoneMinister of Municipal Affairs and Housing October 30, 2020 607/20 Attachment #1 to Report #CAO 02-21 234-2021-1476 March 12, 2021 Your Worship Mayor Dave Ryan City of Pickering mayor@pickering.ca Dear Mayor Ryan: As you know, in response to a request made by the City of Pickering with the support of the Region of Durham, I made a Minister’s Zoning Order (MZO) under Section 47 of the Planning Act, for a site located at 1802 Bayly Street in the City of Pickering, which would allow for the construction of a distribution centre, among other uses. It is my understanding that a Fortune 50 company intended to utilize the lands for a significant employment opportunity – which would help drive the economic recovery of the City of Pickering and employ 2,000 Ontarians. However, it has now come to my attention that the Fortune 50 company reportedly has indicated that it no longer intends to pursue its potential use of the site. Given this new development, I am writing to ask if the City of Pickering would like me to consider amending the MZO to exclude the portion of lands that would allow for the construction of the distribution centre, now that the Fortune 50 company has apparently backed out. As you know, every MZO made on non-provincial land has been at the request of the local municipality, and if the City of Pickering no longer wishes to have the MZO in place for the distribution centre, I will issue the mandatory public notice to consult on amending the MZO which is a pre-condition to an amendment Thank you for your consideration, and all the work you are doing to keep your residents safe and ensuring that the City of Pickering plays a leading role in Ontario’s economic recovery. Sincerely, Steve Clark, Minister c.John Henry, Durham Regional Chair john.henry@durham.ca Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél.: 416 585-7000 Attachment #2 to Report #CAO 02-21