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HomeMy WebLinkAboutPLN 04-25Report to Planning & Development Committee Report Number: PLN 04-25 Date: February 3, 2025 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Durham Live Lands (Part of Lots 15 and 16, Concession 1) Recommendation: 1.That Zoning By-law Amendment Application A 03/20 (R1), submitted by PickeringDevelopments (Bayly) Inc., to permit a range of tourism, commercial, and employmentuses on a portion of the Durham Live lands, be approved, and that the draft ZoningBy-law Amendment, as set out in Appendix I to Report PLN 04-25, be finalized and forwarded to Council for enactment. Executive Summary: The purpose of this report is to seek Council approval for a Zoning By-law Amendment application, submitted by Pickering Developments (Bayly) Inc. The portion of the lands to be rezoned is located south of a parcel of land owned by the City, formerly Kellino Street, and east of Squires Beach Road, having an area of approximately 5.3 hectares (see Location Map, Attachment 1). In April 2024, the Ministry of Municipal Affairs and Housing issued Minister Zoning Order (MZO) 164/24 to remove these lands from MZO 607/20. The applicant is proposing to rezone the removed lands from “Urban Reserve (UR)” to “Major Tourist Destination (MTD)” to allow for a range of tourism, commercial, and employment uses (see Submitted Plan, Attachment 3). This rezoning essentially reinstates most of the land use permissions previously permitted under MZO 607/20. In response to feedback from the public and the Planning & Development Committee, the applicant has removed requests to permit new industrial land uses, including laboratories, manufacturing plants, vehicle service facilities, and warehouses and distribution facilities. A complete list of the proposed land uses is found in Attachment 4 of this report. The applicant’s immediate plan is to develop these lands for a driving range with accessory food, beverage, and entertainment facilities. A future Site Plan Approval application will be required for the development. City Development staff support the rezoning application. The proposal conforms with the 2024 Provincial Planning Statement, which supports the intensification of employment uses and encourages compatible mixed-use development to support complete communities. It also conforms to the Regional Official Plan, which permits a wide range of uses on the Durham Live lands, including commercial, industrial, and entertainment uses. Additionally, the proposal PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 2 Durham Live Lands (Part of Lots 15 and 16, Concession 1) conforms to the Prestige Employment land use designation in the Pickering Official Plan, which allows for a range of industrial, commercial, and recreational uses. The applicant has addressed concerns raised by representatives of the Pickering Pentecostal Church. They have committed to considering the potential impacts of future development on the Church in all future development applications for Durham Live. These considerations may include, but are not limited to, noise assessments, traffic studies, and construction management plans. Staff recommend approval of the revised Zoning By-law Amendment Application A 03/20 (R1), and recommend that the implementing zoning by-law, as set out in Appendix I to this report, be approved and forwarded to Council for enactment. Relationship to the Pickering Strategic Plan: The recommendation in this report responds to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Discussion: The purpose of this report is to seek Council approval for a Zoning By-law Amendment application, submitted by Pickering Developments (Bayly) Inc. The applicant proposes to rezone a portion of the Durham Live lands, located south of a parcel of land owned by the City, formerly Kellino Street, and east of Squires Beach Road, from an “Urban Reserve” zone to a “Major Tourist Destination” zone category. This rezoning would permit a range of tourism, commercial, and employment uses. This report highlights how the proposal conforms to the new Provincial Planning Statement, the new Regional Official Plan, and the Pickering Official Plan. Additionally, the report summarizes changes made to the proposal in response to comments received from the public and the Planning & Development Committee at the Statutory Public Meeting. 1. Background 1.1 Property Description The land subject to this rezoning application is part of the Durham Live lands, located east of Squires Beach Road, north of Bayly Street, west of Church Street South, and south of a parcel of land owned by the City, formerly Kellino Street. The specific parcel of land to be rezoned is located south of the parcel of land owned by the City and east of Squires Beach Road, and has an area of approximately 5.3 hectares (see Location Map, Attachment 1). The land is currently used for farming. PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 3 Durham Live Lands (Part of Lots 15 and 16, Concession 1) The uses surrounding the lands to be rezoned are as follows (see Air Photo Map, Attachment 2): North: To the north, across the parcel of land owned by the City, 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), submitted by Porsche Canada. Site Plan Approval was issued in October 2024, and construction of the Porsche Experience Centre is underway. 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 is 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 section of the 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. 1.2 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 PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 4 Durham Live Lands (Part of Lots 15 and 16, Concession 1) Timeline Application Description 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). 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 land subject to this revised application) was rezoned from “MTD” zone and “UR” zone to “Mixed Use Major Tourist and Entertainment Zone”. • The section of land 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 is east of Squires Beach Road was rezoned from “UR” zone to “Mixed Employment Zone”. PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 5 Durham Live Lands (Part of Lots 15 and 16, Concession 1) Timeline Application Description • 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. 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. The land was originally proposed for the TriBro Film Studio, however, a 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 land reverted to the “UR” zone established through By-law 7404/15. 1.3 Applicant’s Revised Proposal On September 27, 2024, the applicant requested to reactivate their dormant 2020 rezoning application. The revised application applies to the section of the Durham Live lands that were removed from MZO 607/20 through MZO 164/24. As noted earlier, the subject lands are located south of a parcel of land owned by the City, formerly Kellino Street, and east of Squires Beach Road, and have an area of approximately 5.3 hectares. The applicant is proposing to rezone these lands from a “UR” zone to an “MTD” zone, to permit a range of 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 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. 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. PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 6 Durham Live Lands (Part of Lots 15 and 16, Concession 1) The applicant has indicated that they have entered into an agreement to develop these lands for a driving range, which will include accessory food, beverage, and entertainment uses. The applicant has indicated that no other land uses are currently proposed for the site. A future application for Site Plan Approval will be required. 2. Comments Received 2.1 Comments received at the November 4, 2024, Statutory Public Meeting A Statutory Public Meeting for the revised application was held on November 4, 2024. At the meeting, two area residents and representatives of the Pickering Pentecostal Church (PPC) shared their comments and concerns. The City has not received any written comments from the public related to this application. Key questions and comments raised by area residents at the meeting included: • questions about what other uses, beyond the driving range, are planned for the site • concerns about preserving the adjacent open space lands • questions about the potential impacts of the proposed industrial land uses on nearby properties, such as the open space lands and the PPC Key concerns raised by representatives of the PPC included: • the potential impacts of the proposed industrial land uses on the Church • concerns that the PPC is not being appropriately considered in the drawings, studies, and reports submitted in support of development applications for Durham Live • concerns about increased traffic on Sandy Beach Road and its impact on the Church’s site access A detailed summary and responses to the concerns raised by the PPC can be found in Section 3.5 of this report. Key questions and comments raised by members of the Planning & Development Committee included: • concerns about the impact of the proposed industrial land uses on surrounding properties, such as the PPC • requests for the applicant to address and respond to the concerns raised by the PPC • requests to ensure that future development on the Durham Live lands does not disrupt the Church’s site access • questions about what compensation the applicant will provide for the removal of environmental features on the site by a previous landowner PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 7 Durham Live Lands (Part of Lots 15 and 16, Concession 1) 2.2 Agency Comments 2.2.1 Region of Durham • no objections to the application • matters relating to archaeological resource potential and potential site contamination must be addressed through the site plan review process • any requirements of the Regional Works Department relating to the provision of Regional services, financial or otherwise, must be addressed through the site plan review process 2.2.2 Toronto and Region Conservation Authority (TRCA) • no objections to the application • TRCA staff are satisfied with the boundaries between the section of lands subject to this revised rezoning application, and the “Natural Heritage and Open Space Zone” established through MZO 607/20 • matters relating to stormwater management and ecosystem compensation must be addressed through the site plan review process 2.2.3 Ministry of Transportation (MTO) • no objections to the application • matters relating to traffic generation must be addressed through the site plan review process 2.2.4 Durham Regional Police – Radio Systems • construction on the subject lands will pose no immediate obstructions issues for the Region’s NextGen radio system and associated microwave links • new buildings will have to be tested for in-building coverage once the buildings are constructed 2.2.5 Enbridge Gas • no objections to the application • Enbridge reserves the right to amend or remove development conditions 2.2.6 Town of Ajax • the traffic volumes anticipated from the future development of these lands, along with their potential impact on Town of Ajax roads/intersections, are a concern • a Traffic Impact Study for the proposed development is required • there are ongoing complaints/concerns from the residents, businesses, and Town of Ajax Council regarding heavy construction vehicles using Church Street to access the Durham Live lands • a Construction Management Plan for the proposed development is required PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 8 Durham Live Lands (Part of Lots 15 and 16, Concession 1) 2.3 Comments from City Departments 2.3.1 Engineering Services • no objections to the application • vehicular access from the subject lands to an open and maintained road must be addressed before site plan approval 2.3.2 Fire Services • no objections to the application 2.3.3 Sustainability In support of this rezoning application, the applicant has submitted a Sustainability Commitment Letter, prepared by Kristy Kilbourne Consulting Inc., dated December 3, 2024. The letter states that, through a future application for Site Plan Approval, any proposed development on the lands will comply with the mandatory Tier 1 performance standards of the Integrated Sustainable Design Standards (ISDS), and, where feasible, incorporate voluntary Tier 2 standards. On a preliminary basis, the applicant has identified mandatory sustainability elements that may be incorporated into the future development, which include, but are not limited to: • incorporation of a green roof, cool roof, or a combination thereof • incorporation of dark sky-compliant exterior lighting • provision of EV chargers or EV rough-in charging infrastructure • minimum 50 percent native plant species for landscaping and 100 percent native plant species for vegetated buffers adjacent to key natural heritage features • incorporation of bird-friendly design treatments Sustainability staff are satisfied with the Sustainability Commitment Letter and will continue to work with the applicant through the site plan review process to ensure conformity with the City’s ISDS standards. The final sustainable design features to be incorporated into the future development will be presented to the Site Plan Review Panel for their feedback prior to the Director, City Development & CBO issuing site plan approval. 3. Planning Analysis 3.1 The proposal conforms to the Provincial Planning Statement (2024) On October 20, 2024, the Ministry of Municipal Affairs and Housing (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). PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 9 Durham Live Lands (Part of Lots 15 and 16, Concession 1) The PPS directs Planning authorities to promote economic development and competitiveness by providing 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 proposal conforms to the new PPS. 3.2 The proposal conforms to the 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 remaining parts of the Plan were subsequently approved by the MMAH on December 13, 2024. On November 5, 2024, the Province announced that, effective January 1, 2025, Durham Region will become an upper-tier municipality without land use planning responsibilities. Pursuant to subsection 70.13(2) of the Planning Act, the Region of Durham Official Plan is deemed to constitute an official plan of the City in respect of any area in the City to which it applies and will remain in effect until the City revokes or amends it. 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 proposal conforms to the new ROP. 3.3 The proposal conforms to the 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 land designated Natural Areas is also identified as being within the “Natural Heritage System”, 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. PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 10 Durham Live Lands (Part of Lots 15 and 16, Concession 1) 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 states that, in February 2015, the Ministry of Natural Resources (MNR) reviewed aerial imagery of the section of land subject to this application, where a former wetland and associated vegetation once existed. Based on their review, MNR staff determined that the wetland and vegetation were removed and that the land was converted to agricultural uses by a previous landowner sometime between 2008 and 2010, and that the removal occurred after the wetland was deemed provincially significant in 2007. Pickering Developments (Bayly) Inc. took ownership of the lands in 2011. As noted in Section 1.2 of this report, the existing open space lands and their associated vegetation protection buffers, adjacent to the section of lands to be rezoned through this application, were rezoned from a “UR” zone to “Natural Heritage and Open Space Zone” through MZO 607/20. TRCA staff have reviewed the revised application and are satisfied with the boundaries between the portion of lands subject to this application and the “Natural Heritage and Open Space Zone”. The TRCA has advised that, through the site plan review process, the applicant will be required to provide ecosystem compensation to the TRCA for the environmental features that were removed from the site by the previous landowner. The applicant’s proposal conforms to the POP. 3.4 The applicant has removed the proposed industrial land uses in response to comments received As noted in Section 1.3 of this report, the applicant is proposing to rezone the lands that were removed through MZO 164/24 to an “MTD” zone. The applicant initially requested to permit the following land uses: • Accessory uses, buildings, and structures • Art Galleries • Banquet Facilities • Bake Shops • Botanical Gardens • Business Support Services • Cafes • Cinemas • Convenience Stores • Commercial Fitness or Recreation Centres • Commercial Schools • Community Centres PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 11 Durham Live Lands (Part of Lots 15 and 16, Concession 1) • Community Gardens • Curling rinks, tennis courts, bowling alleys, or similar recreational facilities • Daycare centres • Dry-cleaner’s distribution centres • Financial Institutions • Museums • Nightclubs • Parking lots • Parking garages • Personal service establishments • Places of amusement • Private clubs • Restaurants • Retail stores and accessory retail sales • Service and repair shops • Spas • Supermarkets • Travel agencies • Travel information centres • Vehicle rental establishments • Laboratories • Manufacturing plants • Medical Offices • Offices • Software development and processing establishments • Vehicle service facilities • Warehouses and distribution facilities During the Statutory Public Meeting, concerns were raised by area residents, representatives of the PPC, and the Planning & Development Committee about the potential impact of the proposed industrial land uses on surrounding sensitive land uses. In response to this feedback, the applicant removed the following proposed land uses from their application: • laboratories • manufacturing plants • vehicle service facilities • warehouses and distribution facilities A revised list of the applicant’s proposed land uses is provided in Attachment 4 of this report. Staff support the proposed land uses requested by the applicant. The implementing by-law, as set out in Appendix I to this report, reinstates most of the land use permissions previously permitted under MZO 607/20. Additionally, staff support the removal of the industrial land uses to address land use compatibility concerns with proposed residential development on adjacent Durham Live lands and with the PPC. PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 12 Durham Live Lands (Part of Lots 15 and 16, Concession 1) 3.5 The applicant has addressed the concerns raised by the Pickering Pentecostal Church (PPC) During the Statutory Public Meeting, representatives of the PPC expressed concerns with the revised application. Following the public meeting, on November 18, 2024, the applicant and their planning consultant met with the PPC representatives at their facility, to further discuss the PPC’s concerns. Below is a summary of the concerns raised by the PPC at the meeting and the applicant's response: Comments from the PPC Applicant’s Response Requested that any development on the Durham Live lands consider potential impacts on the PPC and recognize the existence of the Church as a surrounding land use. The applicant has committed to recognizing the Church as a neighbouring land use in all future drawings, studies, and reports submitted for development applications related to Durham Live. Additionally, the applicant has committed to considering potential impacts on the Church in these submissions, which may include but are not limited to, noise assessments, traffic studies, and construction management plans. During their meeting with the PPC on November 18, 2024, the applicant exchanged contact information with PCC representatives to facilitate better communication between the parties regarding future development applications and ongoing operations at the Durham Live site. Requested that any traffic reports prepared for the development of Durham Live assess the impact of the development on the PPC site, including the Church’s ability to safely enter and exit their site during and after construction. A Site Plan Approval application will be required for the development of the lands. As part of this process, the applicant will be required to submit a Traffic Impact Study, a Construction Management Plan, and other required drawings, studies, and reports. As noted above, the applicant has committed to considering the potential impacts of any future developments on the Durham Live lands on the Church through these submissions. Questioned the impact of the proposed industrial land uses on the Church’s operations (which include weekly services, senior events, and a daycare). As discussed in Section 3.4 of this report, the applicant has removed their request to permit the following industrial land uses on the site: • laboratories • manufacturing plants • vehicle service facilities • warehouses and distribution facilities PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 13 Durham Live Lands (Part of Lots 15 and 16, Concession 1) Comments from the PPC Applicant’s Response Questioned what environmental features existed on the site before the removal of the features by a previous landowner. As discussed in Section 3.3 of this report, the environmental features removed from the site by a previous landowner through farming practices included a PSW and associated vegetation. Through the site plan approval process, the applicant will be required to provide ecosystem compensation to the TRCA for the environmental features that were removed. Staff are satisfied that the applicant has appropriately addressed the concerns raised by the PPC. Through the site plan approval process, staff will continue to ensure that the future development of the site considers potential impacts to the Church. 3.6 Technical matters will be addressed through the Site Plan Approval process A future application for Site Plan Approval will be required for the development of the lands. Through the site plan review process, detailed design issues will be dealt with. These requirements will address matters such as, but not limited to: • traffic impact assessment • ecosystem compensation requirements • architectural treatment • landscaping and fencing • lighting • drainage and grading • site servicing • construction management • sustainability 4. Zoning By-law to be finalized and forwarded to Council for enactment The applicant’s proposal complies with applicable policies in the Provincial Planning Statement, the Regional Official Plan, and the City’s Official Plan. The applicant has further revised their proposal to have regard for the concerns expressed by the public and the Planning & Development Committee. Staff support the revised Zoning By-law Amendment A 03/20 (R1), and recommend that the implementing zoning by-law, as set out in Appendix I to this report, be approved and forwarded to Council for enactment. 5. Applicant’s Comments The applicant has been advised of and concurs with the recommendations of this report. PLN 04-25 February 3, 2025 Subject: Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Page 14 Durham Live Lands (Part of Lots 15 and 16, Concession 1) Appendix Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 03/20 (R1) Attachments 1.Location Map2.Air Photo Map3.Submitted Plan4. Revised List of Proposed Land Uses Prepared By: Original Signed By Isabel Lima Principal Planner, Development Review Original Signed By Nilesh Surti, MCIP, RPP Division Head, 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 No. PLN 04-25 Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 03/20 (R1) The Corporation of the City of Pickering By-law No. XXXX/25 Being a By-law to amend Zoning By-law 8149/24, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lots 15 and 16, Concession 1, Now Part of Lots 2 and 3, and Part 4, 40R-5623 (A 03/20 (R1)) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit tourism, commercial, and employment uses on a portion of the subject lands being Part of Lots 15 and 16, Concession 1, Now Part of Lots 2 and 3, and Part 4, 40R-5623, in the City of Pickering; And whereas an amendment to By-law 8149/24 is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 1 of By-law 8149/24 is hereby amended by adding an “MTD-1” notation, as depicted on Schedule I to this By-law. 2. The provisions of this By-law shall apply to that portion of the lands being Lots 15 and 16, Concession 1, Now Part of Lots 2 and 3, and Part 4, 40R-5623, in the City of Pickering, designated “MTD-1” on Schedule I to this By-law. 3. Section 15.70, Exception Zone 70 of By-law 8149/24 is hereby amended by adding the following text amendments: 1. Section 1, related to Definitions, is amended by re-alphabetizing this section to add new definitions, as follows: a) “Accessory” means a use, building, or structure naturally or normally incidental to, subordinate to or exclusively devoted to a principal use or building or structure and located on the same lot as the principal use, building, or structure. ss) “Software Development and Processing Establishment” means premises used for software development and testing, or for the collection, analysis, processing, storage, or distribution of electronic data. 2. Sections 3 to 5 are amended by re-numbering these sections to add a new section following Section 2, as follows: 3. Provisions (“MTD-1” Zone) a) Permitted Uses (“MTD-1” Zone) No person shall, within the lands designated “MTD-1” Zone on Schedule 1 of By-law 8149/24, use any lot or alter or use any building or structure for any purpose except for the following: i. Accessory uses, buildings, and structures ii. Art galleries iii. Banquet facilities iv. Bake shops By-law No. XXXX/25 Page 2 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. Major tourist establishments xix. Museums xx. Nightclubs xxi. Parking lots xxii. Parking garages xxiii. Personal service establishments xxiv. Places of amusement xxv. Private clubs xxvi. Restaurants xxvii. Retail stores xxviii. Service and repair shops xxix. Spas xxx. Supermarkets xxxi. Travel agencies xxxii. Travel information centres xxxiii. Vehicle rental establishments xxxiv. Medical Offices xxxv. Offices xxxvi. Software development and processing establishments b) Zone Requirements (“MTD-1” Zone) No person shall, within the lands designated “MTD-1” Zone on Schedule 1 of By-law 8149/24, use any lot or alter or use any building or structure except in accordance with the provisions of Sections 15.70.2(d), 15.70.2(e)(vi), and 15.70.2(f) of By-law 8149/24. 3. Section 2(f)(ii), related to Minimum Parking Rates, is amended to add the following text in bold: (iv) Retail Sales, Ancillary / Convenience Store / Retail Store / Service and repair shop / Supermarket 3.5 spaces per 100 square metres of gross leasable floor area (vii) Commercial Fitness/Recreation Centre / Private Club / Place of Amusement / Cafe 5.0 spaces per 100 square metres of gross leasable floor area By-law No. XXXX/25 Page 3 (xvi) Software development and processing establishment 0.25 spaces per 100 square metres of gross leasable floor area 4. By-law 8149/24 is hereby amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 8149/24. 5. This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2025. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk X7 0 ( M T D - 1 ) Bayly Street Ch u r c h S t r e e t S Sq u i r e s B e a c h R o a d Highway 40 1 Pickering Parkway Clerk Mayor N Schedule I to By-Law Passed This Day of XXXX/25XXrd XXXX 2025 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 Ashford Drive Bayly Street Copperstone Drive City DevelopmentDepartment Location MapFile:Applicant:Legal Description: A 03/20 (R1) Date: Jan. 08, 2025 ¯ 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\A 03_20 (R1)\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) Pickering Casino Resort Lands Subject toRevised Zoning By-Law AmendmentA 03/20 (R1) PickeringPentecostalChurch Attachment 2 to Report PLN 04-25 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 Ashford Drive Bayly Street Copperstone Drive Air Photo Map File: Applicant: A 03/20 (R1) Date: Jan. 08, 2025 ¯ 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 DevelopmentDepartment 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) PickeringPentecostalChurch Attachment 3 to Report PLN 04-25 L:\Planning\01-MapFiles\A\2020 Oct. 08, 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 DevelopmentDepartment A 03/20 (R1) Part of Lots 15 and 16, Concession 1 (Durham Live Lands) Pickering Developments (Bayly) Inc. N Pickering Pentecostal Church Attachment 4 to Report PLN 04-25 Zoning By-law Amendment A 03/20 (R1) Revised 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.Major tourist establishments xix.Museums xx.Nightclubs xxi.Parking lots xxii.Parking garages xxiii.Personal service establishments xxiv.Places of amusement xxv.Private clubs xxvi.Restaurants xxvii.Retail stores and accessory retail sales xxviii.Service and repair shops xxix.Spas xxx.Supermarkets xxxi.Travel agencies xxxii.Travel information centres xxxiii.Vehicle rental establishments xxxiv.Medical Offices xxxv.Offices xxxvi.Software development and processing establishments