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HomeMy WebLinkAboutInformation Report 03-24Information Report to Planning & Development Committee Report Number: 03-24 Date: November 4, 2024 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Durham Live Lands (Part of Lots 15 and 16, Concession 1) 1.Purpose of this Report The purpose of this report is to provide preliminary information regarding a revised application for Zoning By-law Amendment, submitted by Pickering Developments (Bayly) Inc., to permit various tourism, commercial, and employment uses on a section of the Durham Live lands. This report is intended to assist members of the public and other interested stakeholders with understanding the proposal. The Planning & Development Committee will hear public delegations on the revised application, ask questions for 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 completion of a comprehensive evaluation of the proposal. 2.Property Location and Description The lands subject to the revised rezoning application are part of the Durham Live lands, located east of Squires Beach Road, north of Bayly Street, west of Church Street South, and south of Durham Live Avenue/Tribro Studios Avenue. The specific parcel of land to be rezoned is on the south side of Tribro Studios Avenue, east of Squires Beach Road, and has an area of approximately 5.3 hectares (see Location Map, Attachment 1). This land is currently used for farming. The uses surrounding the lands to be rezoned are as follows (see Air Photo Map, Attachment 2): North: To the north, across Tribro Studios Avenue, are open space lands that include Duffins Creek tributaries and wetlands, as well as the Pickering Casino Resort. Further north are the Metrolinx/Canadian National rail lines and Highway 401. East: To the east are vacant Durham Live lands. In June 2024, the applicant submitted pre-consultation applications for these lands, proposing a mixed- use development containing residential, commercial, retail, and entertainment uses. Additionally, lands at the northwest corner of Bayly Street and Church Street South are subject to an application for Site Plan Approval (S 07/22), Information Report 03-24 Page 2 submitted by Porsche Canada. Construction of the Porsche Experience Centre is underway, with final site plan approval expected by November 2024. The Centre is scheduled to open in the first half of 2025. Further east, across from Church Street South, located in the Town of Ajax, is a warehouse/distribution centre that is under construction. South: To the south are open space lands containing significant woodlands, Duffins Creek tributaries, and a Provincially Significant Wetland (PSW). At the northeast corner of Bayly Street and Squires Beach Road are the Pickering Pentecostal Church and an industrial parcel containing truck storage. West: To the west are more open space lands containing significant woodlands, Duffins Creek tributaries, and a PSW. Further west is a portion of Durham Live lands, located east of Squires Beach Road, which is zoned for mixed employment uses. Additional land owned by Durham Live is located on the west side of Squires Beach Road. 3. Zoning History The following table provides a summary of previous Zoning By-law Amendment Applications and Minister’s Zoning Orders (MZOs) that apply to the Durham Live Lands. Timeline Application Description July 2017 Zoning By-law Amendment Application A 03/14 In July 2017, the Ontario Municipal Board approved Zoning By-law 7404/15 for the entire Durham Live Lands. The site-specific by-law rezoned the eastern section of the Durham Live Lands (including where the Pickering Casino Resort and Porsche Experience Centre are located) to “Major Tourist Destination (MTD)” zone with three holding provisions. The remainder of the Durham Live Lands were rezoned to “Urban Reserve (UR)” zone. October 2018 Removal of Holding Application A 06/18 In October 2018, Council approved Zoning By-law 7661/18 to remove the “(H-1)” Holding Provision from the eastern section of the Durham Live Lands (including where the Pickering Casino Resort and Porsche Experience Centre are located). January 2020 Removal of Holding Application A 16/19 In January 2020, Council approved Zoning By-law 7735/19 to remove the “(H-2)” Holding Provision from the eastern section of the Durham Live Lands (including where the Pickering Casino Resort and Porsche Experience Centre are located). Information Report 03-24 Page 3 Timeline Application Description March 2020 Original Zoning By-law Amendment Application A 03/20 In March 2020, the applicant originally applied for a Zoning By-law Amendment to rezone the remainder of the Durham Live Lands (excluding the additional land owned by Durham Live located on the west side of Squires Beach Road) from “UR” zone to “MTD” zone and “Natural Heritage System (NHS)” zone. A public meeting for the original proposal was held in June 2020. October 2020 Minister’s Zoning Order 607/20 In October 2020, the Minister of Municipal Affairs and Housing (MMAH) issued MZO 607/20 to rezone the Durham Live lands as follows: • The easterly section of the Durham Live lands (including the section of lands subject to this revised application) was rezoned from “MTD” zone and “UR” zone to “Mixed Use Major Tourist and Entertainment Zone”. • The section of lands containing significant woodlands, Duffins Creek tributaries, PSW, and their associated vegetation protection buffers were rezoned from “UR” zone to “Natural Heritage and Open Space Zone”. • A western section of the lands that are east of Squires Beach Road was rezoned from “UR” zone to “Mixed Employment Zone”. • Additional land owned by Durham Live, located on the west side of Squires Beach Road, was rezoned from “UR” zone to “Warehousing and Logistics Zone”. July 2021 Minister’s Zoning Order 515/21 In July 2021, the MMAH issued MZO 515/21 to remove the additional land owned by Durham Live, located on the west side of Squires Beach Road, from MZO 607/20. As a result of removing the lands from the MZO, the zoning for this parcel reverted to the “UR” zone established through By- law 7404/15. Information Report 03-24 Page 4 Timeline Application Description April 2024 Minister’s Zoning Order 164/24 In April 2024, the MMAH issued MZO 164/24 to remove the section of lands subject to this revised application from MZO 607/20. These lands were originally proposed for the TriBro Film Studio. The film studio has since been developed at 915 Sandy Beach Road. As a result of removing these lands from the MZO, the zoning for this section of lands reverted to the “UR” zone established through By-law 7404/15. 4. Applicant’s Revised Proposal On September 27, 2024, the applicant requested to reactivate their dormant 2020 rezoning application. The applicant is proposing revisions to the rezoning application for the section of the Durham Live lands that were recently removed by MZO 164/24. As noted earlier, these lands, located on the south side of Tribro Studios Avenue and east of Squires Beach Road, and have an area of approximately 5.3 hectares. The applicant is proposing to rezone these lands from “UR” zone to a “MTD” zone, to permit various tourism, commercial, and employment uses (see Submitted Plan, Attachment 3). The full list of proposed land uses can be found in Attachment 4 of this report. The proposed area of land to be rezoned is identical to the area of land that was rezoned to “Mixed Use Major Tourist and Entertainment Zone” through MZO 607/20, and subsequently removed through MZO 164/24. The applicant has indicated that they have entered into an agreement with LaunchPad Golf to develop these lands for a driving range. A future application for Site Plan Approval will be required. 5. Policy Framework 5.1 Provincial Planning Statement (2024) On October 20, 2024, the MMAH issued a new Provincial Planning Statement (PPS), replacing both the Provincial Policy Statement (2020), and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). The PPS directs Planning authorities to promote economic development and competitiveness by providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long-term needs. The PPS also encourages the intensification of employment uses and compatible, compact, mixed- use development to support the achievement of complete communities. The applicant’s revised proposal conforms to the new PPS. Information Report 03-24 Page 5 5.2 Durham Regional Official Plan “Envision Durham" On May 17, 2023, Durham Regional Council adopted the new Official Plan “Envision Durham”, as amended. The MMAH approved the Official Plan in part on September 3, 2024. The new Regional Official Plan (ROP) designates the section of lands subject to this rezoning application as “Employment Areas” and includes them in the Urban System. This designation permits a variety of employment uses, including but not limited to, manufacturing, warehousing, major facilities, hotels, service industries, and limited associated retail and ancillary facilities. Policy 10.3.5 of the ROP allows for additional uses on the Durham Live lands, including but not limited to, certain residential, retail, entertainment, and personal service uses, in accordance with the provisions of MZO 607/20, as amended by MZO 515/21. The applicant’s revised proposal conforms to the new ROP. 5.2 Pickering Official Plan The Pickering Official Plan (POP) designates the section of lands subject to this rezoning application as “Employment Areas – Prestige Employment”, and a small section of the lands as “Open Space Systems – Natural Areas”. The section of lands designated Natural Areas are also identified as being within the “Natural Heritage System” and containing “Significant Woodlands” and “Wetlands”. The Prestige Employment designation permits various industrial uses (including manufacturing, warehousing, research and development facilities, etc.), limited commercial uses serving the area (including offices, personal service uses, restaurants, hotels, etc.), and community, cultural, and recreational uses. The Natural Areas designation allows for conservation, environmental protection, restoration, education, passive recreation, and similar uses. Development or site alteration may only be permitted in key natural heritage and/or key hydrologic features for purposes such as forest, fish, and wildlife management, conservation, flood, and erosion control, and other similar environmental protection and restoration projects. Minor recreational and educational uses, such as non-motorized trails, footbridges, and picnic facilities are also permitted. In support of the original rezoning application submitted in 2020, the applicant submitted an Environmental Impact Study (EIS), prepared by Beacon Environmental Limited, dated February 2020. The EIS stated that the environmental features identified on the section of land subject to this application no longer exist, as the features were removed by a previous landowner through farming activities. Staff will assess the revised proposal against the policies of the POP during the continued processing of this application. Information Report 03-24 Page 6 5.3 Zoning By-law 2511, as amended by By-law 7404/15 The lands subject to this revised application are zoned “UR” zone with Zoning By-law 2511, as amended by By-law 7404/15. Permissible uses within the “UR” zone include: • outdoor recreational uses without buildings or structures; • preservation and conservation of the natural environment, soil, and wildlife; and • existing lawful uses. As noted in Section 4 of this report, the applicant is proposing to rezone these lands to an “MTD” zone to permit various tourism, commercial, and employment uses. The proposed area of land to be rezoned is identical to the area of land that was rezoned to “Mixed Use Major Tourist and Entertainment Zone” through MZO 607/20, and subsequently removed through MZO 164/24. There are 34 permitted land uses within the “Mixed Use Major Tourist and Entertainment Zone”, in which the applicant is proposing to permit 21 of those land uses, and remove 13 of those land uses. The applicant is proposing to remove the following land uses: • apartment dwellings • amphitheater • arena • convention or conference centre • film studio • gaming establishment/casino • home-based business • hotel • major tourist establishment • performance arts centre • restaurant plaza • stadium • waterpark/wave pool In addition, the applicant is proposing to permit the following new land uses: • laboratories • manufacturing plants • software development and processing establishments • vehicle service facilities • warehouses and distribution facilities A full list of the applicant’s proposed land uses can be found in Attachment 4 of this report. The applicant is also proposing that the zoning regulations (including minimum parking requirements, maximum building height, and maximum gross floor area) for the “MTD” zone established through Zoning By-law 7404/15 apply to these lands. Information Report 03-24 Page 7 6. Comments Received 6.1 Public Comments Notice of the Hybrid Electronic Statutory Public Meeting regarding this revised rezoning application was provided through a mailing to all properties within 150 metres of the subject property. Four Public Meeting Notice Signs were erected at the property on October 3, 2024. As of the date of this report, no written or verbal comments have been received from the public. 6.2 Agency Comments The revised rezoning application was circulated to the following agencies for their review and comment: Canadian National Railway, Durham Regional Police – Radio Systems, Durham Region Transit, Elexicon Energy, Enbridge Gas, Canada Post, Hydro One, Metrolinx, Ministry of Municipal Affairs & Housing, Ministry of Transportation, Toronto and Region Conservation Authority, Region of Durham, and Town of Ajax. As of the date of this report, written comments have been received from the following agencies: 6.2.1 Enbridge Gas • Enbridge Gas does not object to the proposed application. However, we reserve the right to amend or remove development conditions. 6.2.2 Ministry of Transportation (MTO) • The Ministry would prefer to see a report on the anticipated traffic generation from a “Major Tourist Destination” zone and any other high-level plans. • Any impact on environmental features within MTO lands will need to be addressed by the applicant. 6.2.3 Durham Regional Police – Radio Systems • Construction in the subject area will pose no immediate obstruction issues for the Region’s NextGen radio system and associated microwave links. 6.3 City Department Comments The revised rezoning application was circulated to the following City Departments for their review and comment: Engineering Services, Fire Services, and Sustainability. As of the date of this report, written comments have been received from the following departments: Information Report 03-24 Page 8 6.3.1 Fire Services • Fire Services has no objections to the revised application. 7. Planning & Design Section Comments The following is a summary of key concerns and issues that have been identified by staff for further review and consideration. These matters, and others identified through the circulation and review of the revised proposal, are required to be addressed by the applicant before a final recommendation report to the Planning & Development Committee: • in consultation with the Toronto and Region Conservation Authority, ensure that the adjacent lands zoned “Natural Heritage and Open Space Zone”, established through MZO 607/20, are adequately protected Further issues may be identified following receipt and review of comments from the circulated departments, agencies, and the public. The City Development Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies, and the public. 8. Information Received Updated reports submitted in support of the revised application are listed below and available for viewing on the City’s website at pickering.ca/devapp or in person by appointment at the office of the City of Pickering, City Development Department: • Planning Justification Memorandum, prepared by Kristy Kilbourne Consulting Inc., dated September 2024 • Draft Zoning By-law, prepared by Kristy Kilbourne Consulting Inc. 9. Procedural Information 9.1 General • written comments regarding this proposal should be directed to the City Development Department • 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 be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk 10. Owner/Applicant Information The Owner of this property is Pickering Developments (Bayly) Inc., who is represented by Kristy Kilbourne Consulting Inc. Information Report 03-24 Page 9 Attachments: 1.Location Map 2.Air Photo Map 3.Submitted Plan 4.List of Proposed Land Uses Prepared By: Approved/Endorsed By: Catherine Rose, MCIP, RPP Chief Planner Isabel Lima Senior Planner Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design IL:jc Original Signed By Original Signed By Original Signed By Ch u r c h S t r e e t S Highway 40 1 Pickering Parkway No t i o n R o a d Be e c h l a w n D r i v e Sq u i r e s B e a c h R o a d As hford Drive Durham Live Avenue Bayly Street Copperstone Drive Tribro Studios Avenue City Development Department Location MapFile:Applicant:Legal Description: A 03/20 (R1) Date: Oct. 07, 2024 ¯ E Pickering Developments (Bayly) Inc. Part of Lots 15 and 16, Concession 1 (Durham Lands Owned byPickering Development (Bayly) Inc. L:\PLANNING\01-MapFiles\A\2020\A 03-20 Durham LIve\A03_20 (R1)_LocationMap.mxd 1:8,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Kings Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King 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. Live Lands) Lands Subject to Revised Zoning By-Law Amendment A 03/20 (R1)Pickering Casino Resort Attachment 1 to Information Report 03-24 Ch u r c h S t r e e t S Highway 40 1 Pickering Parkway No t i o n R o a d Be e c h l a w n D r i v e Sq u i r e s B e a c h R o a d As hford Drive Bayly Street Copperstone Drive Air Photo MapFile:Applicant:A 03/20 (R1) Date: Oct. 17, 2024 ¯ Pickering Developments (Bayly) Inc. L:\PLANNING\01-MapFiles\A\2020\A 03-20 Durham LIve\A 03_20 (R1)\A03_20 (R1)_AirPhoto.mxd 1:8,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Kings Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King 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 Development Department E Lands Owned byPickering Development (Bayly) Inc. Lands Subject toRevised Zoning By-Law AmendmentA 03/20 (R1)Pickering Casino Resort Legal Description:Part of Lots 15 and 16, Concession 1 (Durham Live Lands) Attachment 2 to Information Report 03-24 L:\Planning\01-MapFiles\A\2020 Oct. 17, 2024DATE: Applicant: Legal Description: File No: Submitted Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 03/20 (R1) Part of Lots 15 and 16, Concession 1 (Durham Live Lands) Pickering Developments (Bayly) Inc. N Attachment 3 to Information Report 03-24 Zoning By-law Amendment A 03/20 (R1) List of Proposed Land Uses The applicant is proposing to rezone a portion of the Durham Live Lands from “Urban Reserve Zone” to a “Major Tourist Destination Zone” category to permit the following uses: i.Accessory uses, buildings, and structures ii.Art Galleries iii.Banquet Facilities iv.Bake Shops v.Botanical Gardens vi.Business Support Services vii.Cafes viii.Cinemas ix.Convenience Stores x.Commercial Fitness or Recreation Centres xi.Commercial Schools xii.Community Centres xiii.Community Gardens xiv.Curling rinks, tennis courts, bowling alleys, or similar recreational facilities xv.Daycare centres xvi.Dry-cleaner’s distribution centres xvii.Financial Institutions xviii.Museums xix.Nightclubs xx.Parking lots xxi.Parking garages xxii.Personal service establishments xxiii.Places of amusement xxiv.Private clubs xxv.Restaurants xxvi.Retail stores and accessory retail sales xxvii.Service and repair shops xxviii.Spas xxix.Supermarkets xxx.Travel agencies xxxi.Travel information centres xxxii.Vehicle rental establishments xxxiii.Laboratories xxxiv.Manufacturing plants xxxv.Medical Offices xxxvi.Offices xxxvii.Software development and processing establishments xxxviii.Vehicle service facilities xxxix.Warehouses and distribution facilities Attachment 4 to Information Report 03-24