THE CORPORATION OF THE TOWNSHIP OF TAY PUBLIC MEETING OF MUNICIPAL COUNCIL. Zoning By-law Amendment 538 CALVERT ST PORT MCNICOLL RINK LOTS

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1 THE CORPORATION OF THE TOWNSHIP OF TAY PUBLIC MEETING OF MUNICIPAL COUNCIL Zoning By-law Amendment 538 CALVERT ST PORT MCNICOLL RINK LOTS FEBRUARY 25 th, :00 P.M. COUNCIL CHAMBERS AGENDA 1. CALL TO ORDER 2. DECLARATION OF PECUNIARY INTEREST 3. STATEMENT OF PUBLIC NOTICE 4. STATEMENT OF CORRESPONDENCE RECEIVED 5. PRESENTATION OF A REPORT BY TOWNSHIP STAFF 5.1 Report from the Director of Planning and Development Re: Official Plan Amendment Number 36 and Zoning By-law Amendment No. 2015ZBA01 536, 538, 540, 542 and 544 Calvert Street, former Port McNicoll Rink lands 6. QUESTION AND CLARIFICATION PERIOD PUBLIC 7. SPEAKERS IN SUPPORT & OPPOSITION 8. QUESTION AND CLARIFICATION PERIOD COUNCIL 9. FINAL STATEMENT BY THE MAYOR 10. ADJOURNMENT Planning and Development 1 February 25, 2014 Committee Agenda

2 STAFF REPORT Department/Function: Chair: Planning and Development Councillor Davie Ritchie Meeting Date: February 11 th, 2015 Report No.: Report Title: PD Official Plan Amendment Number 36 and Zoning By-law Amendment No. 2015ZBA01 536, 538, 540, 542 and 544 Calvert Street, former Port McNicoll Rink lands RECOMMENDATION: 1. THAT report number PD be received for information. 1.0 INTRODUCTION/BACKGROUND 1.1 APPLICATION DETAILS a) Owner: Corporation of the Township of Tay b) Location: Lots 77 to 83 North Side of Broderick Street, Registered Plan 544 e) Official Plan: Open Space Zoning: Open Space f) Official Plan Proposal: The proposed Official Plan Amendment would re-designate the lands from Open Space to Village Residential to facilitate a Zoning By-law Amendment. g) Zoning By-law Application Proposal: The proposed Zoning By-law Amendment would change the zoning from the Open Space OS Zone to the Village Residential Exception Two R2-2 Zone to permit the development of five lots for one detached dwelling per lot. 1.2 SITE DESCRIPTION The subject lands are located on the north side of Calvert Street, being the former rink location in Port McNicoll. _ Council Public Meeting 1 February 25 th, 2015

3 There are five lots in total each having a minimum lot frontage of 17 metres (55.8 feet) a minimum depth of 35.9 metres (118 feet) and an area of approximately square metres (6,757.6 square feet), as shown on the attached Reference Plan. Please note that Parts 5 and 6 combine into one lot. The two most easterly lots, being Part 4 and Parts 5 & 6 have individual sewer and water services to the lots. The remaining 3 lots, being Parts 1, 2 and 3, will have to have the services installed by the purchaser. Surrounding Land Use: North - Village Residential Zone and use South - Open Space Zone housing the Port McNicoll Youth Centre, the Port McNicoll Anglers and Hunters and the Karma Project Community Gardens East - Village Residential Zone and use West Open Space Zone and vacant 2.0 ANALYSIS 2.1 Background The subject property is the location of the Township of Tay former skating rink. Now that the Tay Community Rink has been constructed down the street, this property has been deemed surplus to the Township s needs. 2.2 Internal Departmental Comments a) Clerks: No concerns b) Treasury: No concerns c) Administration: No concerns d) Fire Department: No concerns e) Public Works: No concerns 2.3 Tay Official Plan The subject property is within the Open Space designation in the Township s Official Plan, which does not permit the proposed residential use. As such, an amendment to the Official Plan is required to the Village Residential designation to facilitate the Zoning Amendment and the use of the lots for residential purposes. The Township s Official Plan sets a number of goals and objectives including: Section states the general objectives of the Plan are: to encourage the infilling and completion of existing settlement areas, developments and communities. _ Council Public Meeting 2 February 25 th, 2015

4 Section states that Development in the Village Residential designation shall protect the low-density residential character of the communities and provide for limited medium density development in appropriate locations. Section states that Development proposals within the Village Residential designation will be reviewed with regard to their compatibility with the existing character of the Settlement Area. The subject property is within a predominately low-density neighbourhood and consistent with the surrounding character of the area and community. The applicable County Official Plan, Provincial Policy Statement and Places to Grow for the Greater Golden Horseshoe policies are attached to this report. 2.4 County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow for the Greater Golden Horseshoe Official Plan Amendment 36 and the proposed rezoning conforms to policies 3.5.2, and of the County of Simcoe Official Plan (attached to this report) which among other objectives, encourages the efficient use of land. Section of the Provincial Policy Statement (PPS) requires housing to meet all resident needs. Port McNicoll has one registered plan and one draft plan which consists primarily of waterfront single detached lots, two townhouse blocks and an apartment block. Opportunities for the construction of new dwellings on other than waterfront lots is currently limited in the community. The Official Plan Amendment is consistent with Section and other objectives of the PPS being Sections and 1.5 (attached to this report) including providing healthy active communities through the provision of parkland, etc, in that the Township has recently acquired additional parkland for the community and the Township as a whole and is able to provide some additional lands for residential development. Section 7 of Places to Grow defines the Built-up Area as all lands within the built boundary. The subject lands are located within the Built Boundary. Section General Intensification of Places to Grow states: 1. By the year 2015 and for each year thereafter, a minimum of 40 per cent of all residential development occurring annually within each upper-and single-tier municipality will be within the built-up area. 4. The Minister of Infrastructure, may review and permit an alternative minimum intensification target for an upper- or single-tier municipality located within the outer ring to ensure the intensification target is appropriate given the size, location and capacity of the built-up area. _ Council Public Meeting 3 February 25 th, 2015

5 In Tay s case, the Minister has provided an intensification target of 20 percent. The subject lands are located within the built boundary and therefore via OPA 36, these lands will contribute to the Township s ability to meet the minimum 20% of all new dwellings to be within the built boundary. The proposal also meets Section of Places to Grow. 2.4 Zoning The property is currently zoned Open Space OS. In order to permit the development of a single detached dwelling on each lot, a zoning amendment is required. The Village Residential Exception Two R2-2 Zone requires a minimum lot frontage of 15 metres (49.2 feet) and a minimum lot area of 525 square metres (5,651 square feet). The subject lots meet the aforementioned requirements. 3.0 SUSTAINABILITY PLAN The Severn Sound Sustainability Plan provides a number of strategic directions and goals toward creating more sustainability communities within the Severn Sound Watershed. Strategic direction E.S.6 is to ensure an adequate supply of serviced land available to meet our needs. Goal E.S.6 is to ensure an adequate supply of serviced land available to meet our needs. Goal C.S.11 under Community Wellbeing states to Provide alternative housing types and sizes to meet all demographics, all income levels at all stages of life. Official Plan Amendment Number 36 will assist the municipality in achieving the goals of the Severn Sound Sustainability Plan. 4.0 FINANCIAL/BUDGET IMPACT Traditionally Council has deposited funds raised for parks and recreation into the Parks and Recreation reserve; therefore there is no budgetary impact. 5.0 SUMMARY The proposed Official Plan Amendment and Zoning By-law Amendment generally conforms to the general intent and purpose of the Official Plan, County Official Plan and Provincial Policies and legislation. _ Council Public Meeting 4 February 25 th, 2015

6 6.0 CONCLUSION A recommendation will be held until after the Township receives input from the public on this application. Prepared by; Date Prepared: February 9 th, 2015 Mara Burton, BAA, MCIP, RPP Director of Planning and Development Attachment: 1. Additional Planning Policy 2. Key Map 3. Draft Official Plan 4. Draft Zoning By-law CAO Reviewed: Date: Council Public Meeting 5 February 25 th, 2015

7 County of Simcoe Official Plan: One of the objectives of the County Official Plan stated under Section is to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services. Section is to develop mixed use settlement as strong and economically viable central places. Section states that settlement areas should be planned to accommodate a diversity of land uses, including residential, commercial, industrial, and institutional, to reinforce their traditional role as central places and service centres Section states that where a settlement has municipal water and sewer services, compact development shall be promoted. Provincial Policy Statement: Section Housing of the PPS states: To provide for an appropriate range and mix of housing types and densities required to meet protected requirements of current and future residential of the regional market area, planning authorities shall: a) maintain at all times the ability to accommodate residential growth for a minimum of 10 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and. b) maintain at all times where development is to occur, land with servicing capacity sufficient to provides at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. Section 1.4.3(b) Housing of the PPS states: Planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by: b) permitting and facilitating: 1. all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements; and 2. all formers of residential intensification, including second units, and redevelopment in accordance with policy ; _ Council Public Meeting 6 February 25 th, 2015

8 c) directing the development of new housing towards locations where appropriate levels of infrastructure and public services facilities are or will be available to support current and projected needs; d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in area where it exists or is to be developed; and e) establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Section 1.5(b) Public Spaces, Recreation, Parks, Trails and Open Space of the PPS states: Healthy, active communities should be promoted by: b) Planning and providing for a full range and equitable distribution of publicallyaccessible built and natural settings for recreation, including facilities, parkland, public spaces, open space areas, trails and linkages, and where practical, water-based resources. Places to Grow for the Greater Golden Horseshoe: Section of Places to Grow states that Population and employment growth will be accommodated by a) directing a significant portion of new growth to the built-up areas of the community through intensification b) focusing intensification to intensification areas h) encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of housing types, high quality public open space and easy access to local stores and services. _ Council Public Meeting 7 February 25 th, 2015

9 _ Council Public Meeting 8 February 25 th, 2015

10 AMENDMENT NUMBER 36 TO THE OFFICIAL PLAN FOR THE TOWNSHIP OF TAY _ Council Public Meeting 9 February 25 th, 2015

11 AMENDMENT NO. 36 TO THE OFFICIAL PLAN FOR THE TOWNSHIP OF TAY The attached explanatory text and Schedule A constituting Amendment No. 36 to the Official Plan for the Township of Tay, was prepared and adopted by the Municipal Council of the Township of Tay by By-law Number in accordance with the provisions of Section 17 and 21 of the Planning Act, R.S.O., 1990, as amended, on the 10 th day of September, Mayor, Scott Warnock _ Clerk, Alison Thomas Corporate Seal _ Council Public Meeting 10 February 25 th, 2015

12 THE CORPORATION OF THE TOWNSHIP OF TAY BY-LAW NUMBER "Being a By-law to amend Adopt Official Plan Amendment Number 36 to the Official Plan of the Township of Tay WHEREAS The Corporation of the Township of Tay is empowered to amend its Official Plan as required; and, WHEREAS the process for considering such an Amendment was in accordance with Sections 17 and 21 of the Planning Act, R.S.O c.p.13; WHEREAS the Council of the Corporation of the Township of Tay have deemed it appropriate and in the public interest to amend the Official Plan; NOW THEREFORE be it resolved that: 1. Amendment Number 36 to the Official Plan of the Township of Tay consisting of the attached explanatory text and map schedule, is hereby adopted. 2. The Clerk is hereby authorized and directed to make application to the County of Simcoe under the Planning Act for approval of Amendment Number 36 to the Official Plan for the Township of Tay. 3. This By-law shall come into force and take effect pursuant to the provisions of the Planning Act, R.S.O c.p.13. BY-LAW READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 25 TH DAY OF MARCH, THE CORPORATION OF THE TOWNSHIP OF TAY MAYOR, Scott Warnock CLERK, Alison Thomas _ Council Public Meeting 11 February 25 th, 2015

13 INDEX THE CONSTITUTIONAL STATEMENT PART A THE PREAMBLE 1. Purpose 2. Location 3. Basis PART B - THE AMENDMENT 1. Introduction 2. Details of the Amendment 3. Implementation 4. Interpretation 5. Schedules constituting Part of Amendment No. 36 Schedule A Land Use Map PART C - THE APPENDICES Appendix 1 Background Report Appendix 2 Staff/Committee Reports and Notice of Public Hearing and Minutes of Public Hearing _ Council Public Meeting 12 February 25 th, 2015

14 THE CONSTITUTIONAL STATEMENT The following amendment to the Official Plan for the Township of Tay consists of three parts: Part A The Preamble consists of the purpose, location and basis for the Amendment and does not constitute part of the actual Amendment. Part B The Amendment - consisting of the following text, and Schedule A, constitute Amendment No. 36 to the Official Plan for the Township of Tay. Part C The Appendices consists of information pertinent to this Amendment in the form of background information. This section does not constitute part of the actual Amendment. _ Council Public Meeting 13 February 25 th, 2015

15 PART A - THE PREAMBLE 1.0 PURPOSE The primary purpose of this Official Plan Amendment is to redesignate lands from the Open Space designation to the Village Residential designation. The amendment is required in order to permit the development of the property for residential use recognizing that the property has been deemed surplus to the Township s needs. 2.0 LOCATION The subject lands are located on the north side of Calvert Street west of Eighth Avenue in the settlement area of Port McNicoll. The lands are legally described as Lot 77 to 83 Registered Plan 544, being Parts 1 to 6 Plan 51R and are locally addressed as 536, 538, 540, 542 and 544 Calvert Street. The subject lands are designated Open Space in the Township of Tay Official Plan as shown on Schedule C. 3.0 BASIS 3.1 Background Up until the Township acquired lands to the west of the subject property at the end of Calvert Street and constructed the Tay Community Rink, a National Hockey League sized covered outdoor arena, the subject lands serviced as the outdoor ice rink for the community of Port McNicoll. With the purchase and development of the Tay Community Rink and baseball fields adjacent to the subject lands, the Township of Tay has not used the subject lands for park purposes. Tay Council deemed the lands surplus to their needs at the Council meeting on January 28 th, The newly acquired Tay Community Rink lands consist of 7 hectares (17.4 acres) of land area. The former Port McNicoll rink lands, being the subject lands, consist of 0.3 hectares (0.76 acres) of land. The surrounding lands uses are Village Residential, with the exception of the lands immediately across the street, which house the Port McNicoll Youth Centre, the Port McNicoll Anglers and Hunters and the Karma Project Community Gardens. In order for the lands to be sold for residential purposes, the lands need to be redesignated in the official Plan and rezoned in the Zoning By-law from Open Space to Village Residential. _ Council Public Meeting 14 February 25 th, 2015

16 The subject lands are serviced with municipal sewer and water. The property currently has two service connections. Depending on the nature of the residential use, more services may be required to be installed by the Owner/Developer. 3.2 Provincial Policy Statement (PPS) Section Housing of the PPS states: To provide for an appropriate range and mix of housing types and densities required to meet protected requirements of current and future residential of the regional market area, planning authorities shall: c) maintain at all times the ability to accommodate residential growth for a minimum of 10 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and. d) maintain at all times where development is to occur, land with servicing capacity sufficient to provides at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. Section 1.4.3(b) Housing of the PPS states: Planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by: f) permitting and facilitating: 1. all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements; and 2. all formers of residential intensification, including second units, and redevelopment in accordance with policy ; g) directing the development of new housing towards locations where appropriate levels of infrastructure and public services facilities are or will be available to support current and projected needs; h) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in area where it exists or is to be developed; and i) establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Section 1.5(b) Public Spaces, Recreation, Parks, Trails and Open Space of the PPS states: _ Council Public Meeting 15 February 25 th, 2015

17 Healthy, active communities should be promoted by: c) Planning and providing for a full range and equitable distribution of publicallyaccessible built and natural settings for recreation, including facilities, parkland, public spaces, open space areas, trails and linkages, and where practical, water-based resources. Port McNicoll has one registered plan and one draft plan which consists primarily of waterfront single detached lots, two townhouse blocks and an apartment block. Opportunities for the construction of new dwellings on other than waterfront lots is currently limited in the community. The Official Plan amendment is consistent with the Provincial Policy Statement in that the Township has recently acquired additional parkland for the community and the Township as a whole and is able to provide some additional lands for residential development. 3.3 Places to Grow for the Greater Golden Horseshoe (PTG) The subject lands are located within the Built Boundary as defined by Places to Grow. Section of Places to Grow states that Population and employment growth will be accommodated by c) directing a significant portion of new growth to the built-up areas of the community through intensification d) focusing intensification to intensification areas i) encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of housing types, high quality public open space and easy access to local stores and services. Section General Intensification of Places to Grow states: 2. By the year 2015 and for each year thereafter, a minimum of 40 per cent of all residential development occurring annually within each upper-and single-tier municipality will be within the built-up area. 5. The Minister of Infrastructure, may review and permit an alternative minimum intensification target for an upper- or single-tier municipality located within the outer ring to ensure the intensification target is appropriate given the size, location and capacity of the built-up area. In Tay s case, the Minister has provided an alternative intensification target of 20 percent. Section 7 of Places to Grow is the definitions section. Built-up Area is defined as all lands within the built boundary. _ Council Public Meeting 16 February 25 th, 2015

18 The subject lands are located within the built boundary and therefore via OPA 36, will contribute to the Township s ability to meet the minimum 20% of all new dwellings to be within the built boundary. 3.4 County of Simcoe Official Plan One of the objectives of the County Official Plan stated under Section is to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services. Section is to develop mixed use settlement as strong and economically viable central places. Section states that settlement areas should be planned to accommodate a diversity of land uses, including residential, commercial, industrial, and institutional, to reinforce their traditional role as central places and service centres Section states that where a settlement has municipal water and sewer services, compact development shall be promoted. Official Plan Amendment 36 appears to conform to the objectives of the County of Simcoe Official Plan. 3.5 Tay Official Plan The Township s Official Plan sets a number of goals and objectives including: Section states the general objectives of the Plan are: to encourage the infilling and completion of existing settlement areas, developments and communities. Section states that Development in the Village Residential designation shall protect the low-density residential character of the communities and provide for limited medium density development in appropriate locations. Section states that Development proposals within the Village Residential designation will be reviewed with regard to their compatibility with the existing character of the Settlement Area. The subject property is within a predominately low-density neighbourhood. The development of the lands will respect the surrounding character of the area and community. _ Council Public Meeting 17 February 25 th, 2015

19 3.6 Severn Sound Sustainability Plan The Severn Sound Sustainability Plan provides a number of strategic directions and goals toward creating more sustainability communities within the Severn Sound Watershed. Strategic direction E.S.6 is to ensure an adequate supply of serviced land available to meet our needs. Goal C.S.11 under Community Wellbeing states to Provide alternative housing types and sizes to meet all demographics, all income levels at all stages of life. Goal E.S.6 is to ensure an adequate supply of serviced land available to meet our needs. Official Plan Amendment Number 36 will assist the municipality in achieving the goals of the Severn Sound Sustainability Plan. _ Council Public Meeting 18 February 25 th, 2015

20 PART B THE AMENDMENT 1.0 INTRODUCTION All of this part of the document entitled Part B The Amendment, which consists of the following Schedule A, constitutes Amendment No. 36 to the Official Plan for the Township of Tay. 2.0 DETAILS OF THE AMENDMENT The Official Plan is amended as follows: a) Official Plan Land Use Schedule C of the Official Plan of the Township of Tay, is hereby amended by re-designating the lands within Lots 77 to 83, Registered Plan 544, and locally addressed as 538 Calvert Street, Township of Tay, County of Simcoe, as shown on Schedule A attached hereto, from Open Space designation to the Village Residential designation. 3.0 IMPLEMENTATION The provisions of the Official Plan regarding implementation of the Plan also apply to this amendment. 4.0 INTERPRETATION The interpretation of the Official Plan for the Township of Tay, as amended from time to time, shall apply to this amendment. 5.0 SCHEDULES Schedule A Land Use Map _ Council Public Meeting 19 February 25 th, 2015

21 _ Council Public Meeting 20 February 25 th, 2015

22 THE CORPORATION OF THE TOWNSHIP OF TAY BY-LAW NUMBER "Being a By-law to amend Zoning By-law with respect to lands described as Lots 77 to 83 North Side of Broderick Street, Registered Plan 544 being 536, 538, 540, 542 and 544 Calvert Street. WHEREAS By-law No is the General Zoning By-law of the Corporation of the Township of Tay; and, WHEREAS the Council of the Corporation of the Township of Tay have received an Application to Amend the General Zoning By-law and has approved the Application; and, WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O to enact such amendments; NOW THEREFORE be it enacted as a By-law of the Corporation of the Township of Tay the following: 4. Schedule H to General Zoning By-law No , is hereby further amended by rezoning those lands described as Lots 77 to 83, Registered Plan 544, being Parts 1 to 6 Plan 51R from the Open Space OS Zone to the Village Residential Exception Two R2-2 or Multiple Residential R3 Zone, as shown on Schedule "A" attached hereto, and Schedule "A" attached hereto forms part of this By-law. 5. This By-law shall take effect and come into force in accordance with the provisions of the Planning Act, R.S.O 1990, c.p.13. BY-LAW read a FIRST, SECOND, and THIRD time and finally PASSED this 11 th day of March, THE CORPORATION OF THE TOWNSHIP OF TAY MAYOR Scott Warnock CLERK Alison Thomas _ Council Public Meeting 21 February 25 th, 2015

23 _ Council Public Meeting 22 February 25 th, 2015