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HomeMy WebLinkAboutPLN 14-13eit, o0 Report to Planning & Development Committee PICKERING Report Number: PLN 14 -13 Date: June 10, 2013 From: Thomas Melymuk Director, City Development Subject: Zoning By -law Amendment Application A 3/13 OPB Realty Inc. (Pickering Town Centre) 1355 Kingston Road Recommendation: That Zoning By -law Amendment Application A 3/13, submitted by OPB Realty Inc., to permit a seasonal outdoor Farmers' Market use on lands municipally known as 1355 Kingston Road, be approved, and that the draft zoning by -law, as set out in Appendix I to Report PLN 14 -13 be forwarded to City Council for enactment. Executive Summary: For each of the past two years, the applicant has obtained approval from the Committee of Adjustment for a minor variance application to permit the operation of a temporary seasonal open air market (Farmers' Market) on the Pickering Town Centre lands. This spring, the applicant submitted a zoning by -law amendment application to permit an outdoor seasonal Farmers' Market on the Pickering Town Centre lands, annually. The proposed Farmers' Market will be situated in the parking lot to the east of the shopping centre immediately across from the Pickering Civic Complex and Central Library, and will be in operation once a week, from June 1St to October 31St , every year (see Location Map and Applicant's Submitted Plan, Attachments #1 and #2). Staff has had an opportunity to evaluate and monitor the operation of the Farmers' Market over the last two years. It is concluded that the proposed zoning by -law amendment application to permit a Farmers' Market conforms to the policies and provisions of the Pickering Official Plan and is consistent with the goals and urban design objectives of the Pickering Downtown Core Development Guidelines. Staff recommends that the application be approved, and the implementing zoning by -law, attached as Appendix I, be forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PLN 14 -13 June 10, 2013 Subject: OPB Realty Inc. (Pickering Town Centre) (A 3/13) Page 2 1. Background In 2011 and 2012, OPB Realty Inc., the owner of the Pickering Town Centre, submitted minor variance applications to the Committee of Adjustment to permit a temporary seasonal open air market (Farmers' Market). Based on the operational success of the Farmers' Market at the Pickering Town Centre, City staff requested that the applicant submit a zoning by -law amendment to permit, on a permanent basis, a seasonal Farmers' Market use on the subject lands. 1.1 Property Description The subject property is a major commercial site that has frontages along Kingston Road, Liverpool Road, Pickering Parkway and Glenanna Road (see Location Map, Attachment #1). The property is approximately 22 hectares in area . The property currently supports the Pickering Town Centre shopping mall, the north terminus of the pedestrian bridge connecting to the GO Station, a GO Transit parking structure, an office building, Durham /Centennial College, a vacant commercial building (formally occupied by Golden Griddle) and a proposed commercial building (to be occupied by Jack Astor's). Surrounding land uses include a variety of retail commercial uses of different scales, high density residential and office uses, and the Pickering Civic Complex and Central Library. 1.2 Applicant's Proposal The applicant proposes to amend the zoning by -law to permit a seasonal outdoor Farmers' Market. The proposed Farmers' Market will be situated within the parking lot to the east of the Pickering Town Centre shopping mall, across from the Pickering Civic Complex and Central Library (see cross - hatched area on Location Map, Attachment #1). The Farmers' Market will be in operation once a week, annually from June 1St to October 31St. The overall concept plan for the Farmers' Market includes temporary structures for different vendors, storage pods and an entertainment stage (see Applicant's Submitted Plan, Attachment #2). No exterior changes to the existing buildings are proposed in connection with this use. Report PLN 14 -13 June 10, 2013 Subject: OPB Realty Inc. (Pickering Town Centre) (A 3/13) Page 3 2. Comments Received 2.1 At the April 8, 2013 Public Information Meeting and in written submission No public were present at the meeting to express their support or concerns for this proposal. Committee members raised the following questions to be addressed by City Development Staff: • will the approval of this application prohibit vendors from setting up elsewhere and also whether there are any regulations for ensuring local produce • will there be sufficient supply of parking available during the operation of the Farmers' Market; and • what is the definition of "locally grown food" In response, staff prepared a memorandum to the Chief Administrative Officer. This memo, dated May 15, 2013, was recently circulated to all members of Council. In brief, operation of a Farmers' Market in Pickering requires zoning, and a business license from the City if it is operated for profit. Both the Region of Durham Health Department and the Province of Ontario inspect and regulate farmers' markets, primarily from a health and food safety perspective. Staff is recommending a definition for Farmers' Market that requires the food to be locally grown in Ontario. The concern regarding sufficient supply of parking spaces during the operation of the Farmers' Market would be required for any site seeking zoning, and for the Pickering Town Centre proposal, this issue is addressed in section 3.2 of this Report. 2.2 City Departments & Agency Comments Region of Durham • the Region of Durham Planning Department has advised that the proposal to permit a Farmers' Market is permitted by the policies of the Regional Official Plan • the application has been screened in accordance with the terms of the provincial plan review responsibilities • the application generally conforms with the Growth Plan of the Greater Golden Horseshoe • the proposed amendment does not present any significant Regional transportation or transit impacts Engineering & • no comments or concerns Public Works Economic • the Economic Development Office fully supports this Development application • uses such as this are integral to the development of a vibrant downtown • the proposed use will create a healthy gathering space where residents of all ages that can come together and be engaged by the agricultural, artistic and cultural communities Report.PLN 14 -13 June 10, 2013 Subject: OPB Realty Inc. (Pickering Town Centre) (A 3/13) Page 4 the location of this market is appropriate as visitors can access the market by various modes of transportation including walking, cycling, public bus and train transit and personal vehicle the Farmers' Market will also positively affect the overall economic health of the downtown as it draws more visitors and shoppers to the area 3. Planning Analysis 3.1 The proposed Farmers' Market use complies with the Pickering Official Plan and the Downtown Core Development Guidelines The Official Plan designates the subject property as "Mixed Uses Areas — Downtown Core" within the Town Centre neighbourhood. This designation is the City's main focus for business, employment, entertainment, shopping, major community and cultural uses, major indoor recreations facilities, and high density residential accommodation. The Downtown Core has the widest range of permissible uses in the City, and is intended to permit development at the greatest scale and intensity. The proposed Farmers' Market use complies with the policies of the Pickering Official Plan. The Downtown Core Development Guidelines provide a framework that supports the long -term vision for the downtown as: a major regional landmark and a destination point; a strong civic and cultural focus for Pickering; and having a range of uses including housing, employment, retail and entertainment that would support the creation of a safe, comfortable, and inviting pedestrian environment. The proposed Farmers' Market supports the urban design objectives of the Downtown Core by creating an inviting and lively pedestrian environment along Glenanna Road and reinforcing the Downtown as a destination. 3.2 Sufficient parking supply is available to support the seasonal Farmers' Market and the Pickering Town Centre The proposed seasonal outdoor Farmers' Market will occupy a total of 90 parking spaces, which represents a temporary removal of 2% of the overall supply of parking on the Pickering Town Centre site. During the operation of the Farmers' Market, a total of 4,153 parking spaces will be available. The applicant has advised that over the past two years during the operation of the seasonal Farmers' Market that there was a sufficient supply of on -site parking to serve the Farmers' Market and the Pickering Town Centre. Staff are satisfied that as a temporary use, the Farmers' Market will not unduly impact the functionality of the site during its operation. Further, a more than adequate supply of parking will be maintained on the property to serve the users of the site while the Farmers' Market is operational. Report PLN 14 -13 June 10, 2013 Subject: OPB Realty Inc. (Pickering Town Centre) (A 3/13) Page 5 3.3 Sustainability Implications Staff's review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below the Level 1 standard. Given the small scope of the zoning by -law amendment application, which is to permit a seasonal outdoor Farmers' Market, there is limited opportunities to achieve Level 1. By hosting a Farmers' Market, the Pickering Town Centre shows its commitment to sustainability by helping local farmers, encouraging community access to and support for locally grown food, and supporting local food banks through charitable donation of food products. Further opportunities exist on the subject lands to implement additional sustainable options through future development. 3.4 By -law to be forwarded to Council The subject lands are currently zoned "MCA -1, MCA- 1/CO -2 and MCA -1 /GSY by Zoning By -law 3036 as amended by By -law 5994/02, which permits a variety of commercial uses. The draft zoning by -law attached as Appendix I to this Report expands the list of permitted uses to include a Farmers' Market use on the subject lands. The draft by -law establishes a new definition for an outdoor Farmers' Market where the majority of the vendors must be primary producers of farm products grown within the Province of Ontario. The new definition will distinguish a Farmers' Market from a Flea Market. The draft by -law also includes provisions exempting a Farmers' Market operating outdoors from requiring additional parking, and reducing the minimum number of required parking spaces to be provided on the subject lands while the Farmers' Market is in operation. It is recommend that the draft by -law be finalized and forwarded to Council for enactment. Appendix Appendix I Draft By -law Attachments 1. Location Map 2. Applicant's Submitted Plan Report PLN 14 -13 June 10, 2013 Subject: OPI3 Realty Inc. (Pickering Town Centre) (A 3/13) Prepared By: cv Mila Yeung Planner II Nilesh Surti, MCIP, RPP Manager Development Review & Urban Design MY:ld Recommended for the consideration of Pickering City Council Approved /Endorsed By: Catherine Rose, MCIP, RPP (Acting) Chief Planner Thomas Mely uk, kelp, R Director, City Deveropment Tony Prevedel, P.Eng. Chief Administrative Officer Page 6 Appendix I to Report PLN 14 -13 Draft Implementing Zoning By -law Amendment Application A 3/13 The Corporation of the Ci of Pickering By -I Being a by -law to amend Restricted Area (Zoning) By -law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lots 21 and 22, Concession 1, Part 2 -20, 22 -24, & Part of Parts 1, 21, 40R -8355 and Parts 1 & 2, 40R -8513, in the City of Pickering (A 3/13). Whereas the Council of The Corporation of the City of Pickering deems it desirable to add a Farmers' Market use to the permitted uses for the subject property being Part of Lots 21 and 22, Concession 1, Part 2 -20, 22 -24, & Part of Parts 1, 21, 40R -8355 and Parts 1 & 2, 40R -8513 in the City of Pickering. And whereas amendment to By -law 3036 as amended by By -law 5994/02 is therefore deemed necessary-, Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows.. 1. Area Restricted The provision -of this By -law shall apply to those lands in Part of Lots 21 and 22, Concession 1, Part 2 -20, 22 -24, & Part of Parts 1, 21, 40R -8355 and Parts 1 & 2, 40R -8513, in the City of Pickering. 2. -Text Amendment Section 4 — Definitions, of By -law 3036, as amended by By -law 5994/02, is hereby amended by renumbering and re- alphabetizing the subsections in order to incorporate the new definitions as follows- (13) "Farmers' Market" shall mean a building, part of a building or open area where a majority of the vendors shall be primary producers of agricultural products grown within the Province of Ontario that are offered for sale directly to the general public, but may also feature other vendors who offer prepared foods and artisan crafts as well as provide entertainment and community information, but shall not include a Flea Market; (15) "Flea Market" shall mean a building or part of a building in which stalls or sales area are set aside and rented or otherwise provided where groups of individual sellers offer goods, new and used, for sale to the public; By -law Page 2 Clause section 5. (1)(a), Uses Permitted ("MCA-1", "MCA -2 ", "MCA-1/CO-2" Zones), of By -law 3036 as amended by By -law 5994/02, is hereby amended by renumbering and re- alphabetizing this subsection in order to incorporate the new use permitted: (xi) Farmers' Market 3. Subclause 5. (2)(a)(v), Parking Requirements, of By -law 3036 as amended by By -law 5994/02, is hereby amended by incorporating the following subparagraphs: N (1) Despite paragraphs A above, a Farmers' Market use operating outdoors shall be exempt from providing any required parking spaces; (11) Despite the parking requirement of subclause 5.(2)(a)(v) the total number of required parking spaces to be provided on -site may be reduced by 90 spaces, while the Farmers' Market use is operating outdoors; (111) Farmers' Market use shall only be permitted to operate outdoors between June 1st to October 31St within a calendar yea r. 3. By -law 3036 By -law 3036, as amended by By -law 5994/02, is hereby further amended only to the extent necessary to give effect to the provisions of this By -law as set out in the Section 1, Area Restricted, and Section 2, Text Amendment, above. Definitions and subject matters not specifically dealt with in this By -law shall be governed by relevant provisions of By -law 3036, as amended. 4. Effective Date The By -law shall come into force in accordance with the provisions of the Planning Act. By -law passed this day of 2013. R 0 David Ryan, Mayor Debbie Shields, City Clerk ATTACHMENT #_—L_TO REPORT # P-N 1q-13 Q ° BRANDS COURT > J 0 C 0 Q W J 0 GLENANNA ROAD J 0 d > Q NORSN w a POE ESPY P� ESPLANA c�Fl �_NE JCD TO PERMIT PICKERING A FARMEUSE QRKET 922 CIVIC COMPLEX y AND PARK ENTRAL LIBRARY S ESP�P�PpE -CNE SUBJECT Q PROPERTY 0 0 D J 0 a n w qp1 P'� N\ONW City of Pickering City Development Department PROPERTY DESCRIPTION 1355 Kingston Road & 1815 Liverpool Road Con 1 Pt Lot 21, 22, 40R -8355, Part 2- 2D 22 -24 Pt. of Pts. 1 21 & 40R -85i 3 Pt. 2 OWNER OPB Realty Inc. DATE May 8, 2013 DRAWN BY JB FILE No. A 03/13 SCALE 1:5,000 CHECKED BY MY oTerc netrcEntcrpriaea Inc. and its suppliers. All rights Reserved. Not a plan of survey. 2005 .PAC and its sup lies. All ri hta Reserved. Not a plan of Surve PN_o N V s ='ss Pickering Town Centre ,r Entrance 4 Sears ATTACHMENT #_ :�2 _TO REPORT # PLN /9-13 Information Compiled from Applicant's Submitted Plan A 03/13 OPB Realty Inc. t ��p`aea N This map was produced by The City Of Pickering City Development Department, Planning Information Services Mapping And Design, Mar. 7, 2013. Farmers' Market „� �P PICKEPoNG ;LAM j h g TQVJ CENTRE y -5` SEARS �,tt\ ZELLERS t ��p`aea N This map was produced by The City Of Pickering City Development Department, Planning Information Services Mapping And Design, Mar. 7, 2013.