Zoning Bylaw Amendment & Discretionary Use - 3215 & 3310 Lakeview Avenue - PL202000181 & PL20200018

The applicants, Regina Public School Board and Regina Catholic School Board, propose to develop a new joint-use school on the current Argyle School and L’Arche Park sites located at 2941 and 3215 Lakeview Avenue. Additionally, the applicants propose to develop an off-site parking lot on the southeast corner of Kinsmen Park South located at 3310 Lakeview Avenue to support the construction of the joint-use school. To accommodate these developments, the applicants are applying for: 

·         Council to authorize an exchange of the municipal reserve Parcel R6 (L’Arche Park), civically known as 3215 Lakeview Avenue, for lands of equal or greater value being Block 83, Plan FJ4373 , civically known as 3301 Garnet Street (St. Pius School Site), and rezone Parcel R6 (L’Arche Park) from PS – Public Service Zone to I – Institutional Zone to develop the proposed Argyle School/St. Pius School joint-use building.

·         To rezone proposed Parcel E, located at the southeast corner of Kinsmen Park South, civically known as 3310 Lakeview Avenue from PS – Public Service Zone to I – Institutional Zone.

·         To amend The Regina Zoning Bylaw, 2019-19 to include “Transportation, Parking Lot” as a discretionary use in specific circumstances within the I – Institutional Zone, which is the Zone that will apply to the proposed Parcel E.

·         For discretionary use approval of a “Transportation, Parking Lot” development on proposed Parcel E to accommodate a surface parking lot serving the proposed joint school site.

In 2019, the Ministry of Education (Ministry) approached the City of Regina (City) about the possibility of building a new Argyle /St. Pius joint-use school on the current Argyle School and Parcel R6 (L’Arche Park) site, with the required parking being accommodated across the street on a portion of Kinsmen Park South due to the site limitations. The City currently operates two baseball diamonds on L’Arche Park. This parcel of land is owned by the Government of Saskatchewan. In August 2019, Council instructed Administration to negotiate a suitable solution to meet the needs of all parties.

A solution was reached whereby the Ministry would transfer the title of Parcel R6 (L’Arche Park) to the school boards to develop the new joint-use school. Additionally, the Ministry will provide the City approximately 4.73 acres of land at the current St. Pius school site in exchange for Parcel E (southeast portion of Kinsmen Park) and to accommodate the loss of our ball diamonds at L’Arche Park.

In February 2020, City Council approved (CR20-14) the sale of proposed Parcel E (southeast corner of Kinsmen Park South) based on this negotiated agreement. Section 199 (3) of The Planning and Development Act, 2007 requires City Council to authorize the exchange by adopting a municipal bylaw and requires the City to designate the lands it receives in exchange as a municipal reserve.

The Regina Zoning Bylaw, 2019-19 (Zoning Bylaw) classifies a school as “Institution, Education”, which is permitted in the I-Institutional Zone of the Zoning Bylaw. Therefore, the proposed Argyle School/St. Pius School joint-use building does not require City Council’s approval. However, an off-site parking lot is classified as “Transportation, Parking Lot” land use within the Zoning Bylaw, where parking stalls are built on a separate lot to meet a land use’s minimum parking requirements on another parcel. The I – Institutional Zone prohibits “Transportation, Parking Lot” as principal land use, thus requires a Zoning Bylaw amendment.

These applications are being considered under The Planning and Development Act 2007, Design Regina: The Official Community Plan Bylaw 2013-48 (OCP) and the Zoning Bylaw.

Financial Impacts

The proposed off-site parking lot on proposed Parcel E (southeast corner of Kinsmen Park South) will utilize approximately 0.489Ha (1.2 acres) (See Appendix A-1). The community will also lose two programmable ball diamonds and 1.429Ha (3.53 acres) of public greenspace (currently L’Arche Park) because of the proposed joint-use school.

In exchange for the transfer of title for proposed Parcel E, the Ministry has agreed to replace the 1.918 Ha (4.73 acres - parking area and L’Arche Park) with land from the St. Pius School site and provide two ball diamonds of equal quality to those lost.

Also, the Ministry has stated the parking lot on proposed Parcel E would be available to the public as parking space during off-school hours.

The applicants will be responsible for the cost of any new or changes to existing infrastructure that may be required to directly or indirectly support the parking lots and joint-use school.

Policy/Strategic Impact

The proposal supports the following goals and objectives of Design Regina: The Official

Community Plan Bylaw 2013-48 (OCP).

·         Section D11, Goal 1, Policy 11.4: Encourage school boards and developers to locate schools such that the safety and level of activity of children is optimized including, but not limited to…

The proposal to move the parking lot into the southeast portion of Kinsmen Park South improves children’s safety on the playground by eliminating the parking lot (vehicle movements) and increasing the playground’s functional size.

·         Section D11, Goal 1, Policy 13.1: Develop community resources to provide opportunities for social activities, events and programming for Regina residents.

The OCP identifies schools as an essential community resource. The proposed off-site caveated parking lot supports developing a joint-use school building without changing the community’s overall allocation of open space, which, in return, helps enhance the neighbourhood’s social sustainability. 

·         Section D7, Goal 2, Policy 9.8: Encourage and facilitate partnerships to enable Policies 9.6 and 9.7.

Policies 9.6 and 9.7 within Section D7, Goal 2, recommend that the City should partner with other stakeholders to improve the accessibility of recreation facilities, programs and services. The Ministry has stated the proposed parking lot would be available as parking space during off-school hours, which will improve the accessibility of Kinsmen Park South.

Accessibility Impacts

The proposed Argyle School/St. Pius School joint-use school development requires two accessible parking stalls to meet the minimum accessible parking stall requirements within The Regina Zoning Bylaw-2019-19. These two stalls will be provided on the joint-use school site.

The proposed off-site parking lot development on proposed Parcel E requires a curb-cut and sloped access to the Kinsmen Park South to ensure that it remains accessible to the park users. 

Alternative options would be to:

1.      Approve the application with specific amendments to the proposed plan.

2.      Refer the proposal back to Administration. If City Council has specific concerns with the request, it may refer it back to Administration for further review and direct that the application be reconsidered by Regina Planning Commission or brought back directly to Council following such review.

3.      Deny the Zoning Bylaw amendment and discretionary use applications. Development of an off-site parking lot on proposed Parcel E (southeast corner of Kinsmen Park South) will not proceed, and there will be no need to transfer the title of this parcel to the school boards if City Council denies the applications.

The applicant and other interested parties will receive a copy of the report and notification of

their right to participate as a delegation at the Council meeting when the application is

considered following The Public Notice Policy Bylaw, 2020. Public notice of the public hearing that is required to be conducted upon consideration of the proposed bylaws will also be given per The Public Notice Policy Bylaw, 2020. The applicant will receive written notification of City Council’s decision.

Proposal

City Council has previously authorized the transfer of the proposed Parcel E (southeast corner of Kinsmen Park South) (See Appendix A-1) to the applicants, Regina Public School Board and Regina Catholic School Board, further to CR20-14.  That report also contemplated the proposed exchange of Parcel R6 (L’Arche Park) in return for the lands described as Block 83, Plan FJ4373 (being the current St. Pius school site located at 3301 Garnet Street). The applicants propose to rezone these parcels from PS – Public Service to I – Institutional Zone. The applicants intend to consolidate Parcel R6 with the existing Argyle School site to facilitate the development of the proposed Argyle School/St. Pius School joint-use building (See Appendix A-5), and develop an off-site parking lot on the proposed Parcel E to accommodate motor vehicle parking requirements for the proposed Argyle School/St. Pius School joint-use building (See Appendix A-4). This arrangement will allow the applicants to develop a typical two-storey school building design on the current Argyle School site and L’Arche Park parcel while maximizing the playground’s functional area. 

The surrounding land uses include residential development to the east, Kinsman Park to the north and west and proposed Argyle School/St. Pius School joint-use site to the south.

Park Space

Parcel R6 (currently L’Arche Park) has an area of 1.429Ha (3.53 acres) containing two programmable ball diamonds and public greenspace.

The proposed off-site parking lot on proposed Parcel E (southeast corner of Kinsmen Park South) will utilize 0.489Ha (1.2 acres) (See Appendix A-1), for a total of 1.918 Ha (4.73 acres) of open space impacted by this development.

On February 26, 2020, City Council considered report CR20-14 and directed Administration to ensure no net loss in open space or recreation facilities due to the transfer of these parcels to the Ministry (or school boards). Therefore, in exchange for these parcels, the Ministry has agreed to transfer a minimum of 1.918Ha (4.73 Acres) to replace L’Arche Park and the impacted portion of Kinsmen Park South with land from the current St. Pius School site. Also, two ball diamonds of equal quality to those lost will be rebuilt at the Province’s cost at Leboldus High School. As a result, there will be no net loss of green space or recreational facilities to the community.

Zoning Bylaw Amendments

·         Rezoning Parcel R6 and proposed Parcel E

Both Parcel R6 and proposed Parcel E are currently zoned PS – Public Service (See Appendix A-1). The PS zone can also be modified to accommodate proposed development on these parcels. However, Administration recommends rezoning both parcels to the I – Institutional Zone because it is consistent with the existing Argyle School lot's zoning designation. As a result, all parcels will be subject to the same land use and development standards.

·         Amendment to I – Institutional Zone

The proposed amendment to The Regina Zoning Bylaw, 2019-19 would, if approved, add “Transportation, Parking Lot” to the I - Institutional Zone as a discretionary use, providing Council with the discretion to consider this land-use on a case-by-case basis where the ‘I’ Zone applies.

Chapter 2 of The Regina Zoning Bylaw, 2019-19 defines “Transportation, Parking Lot” as:

“an outdoor land use where motor vehicles that are registered, insured and in working order are parked outdoors or in primarily unenclosed areas for temporary intervals.”

“Transportation, Parking Lot” land use is currently prohibited in the ‘I’ Zone. Administration has assessed the proposed amendment to The Regina Zoning Bylaw, 2019-19, concluding that “Transportation, Parking Lot” is compatible with other land-uses allowed in the ‘I’ Zone. Typical land uses within ‘I’ Zone include school, hospital, humanitarian service institution, religious institution, open space etc., which generally involve a lot of surface parking.

However, to discourage new stand-alone surface parking lots (i.e. without a store-front or active use), Administration proposes to add additional land use-specific restrictions (See Appendix A-3). Under these restrictions, a “Transportation, Parking Lot” will be considered a principal use on lot zone ‘I’ only when it accommodates long-term shared parking or off-site parking from adjacent land uses, which must meet the key regulations for an off-site caveated parking lot contained in section 1F.3.2 of the Zoning Bylaw.

This approach allows development of the proposed parking lot on proposed Parcel E (southeast corner of Kinsmen Park), which is necessary to meet the minimum parking requirements of the proposed Argyle School/St. Pius School joint-use building. Furthermore, the ‘I’ Zone is found in many locations throughout the city. Administration recognizes that there may be other locations, such as proposed Parcel E, where a “Transportation, Parking Lot” may be deemed appropriate and where it can be demonstrated and legally arranged that shared parking or off-site parking is suitable.

Inclusion of this land use in the I – Institutional Zone is consistent with mixed-use zones, which also identify “Transportation Parking Lot” as a discretionary use only when it permits long-term shared parking or off-site parking under specific conditions.

Including “Transportation, Parking Lot” land use as a discretionary use in the I – Institutional Zone, therefore, will provide Council with greater flexibility to consider potentially appropriate locations on a case-by-case basis, which may support:

•          Enhanced land use diversity

•          Adaptive re-use of underutilized parcels zoned I – Institutional

•          Discouraging surface lots where motor vehicle parking is not the principal use

Discretionary Use Application

The applicants have also submitted a discretionary use application to develop a “Transportation, Parking Lot” on proposed Parcel E (southeast corner of Kinsmen Park South). It will utilize approximately 1.2 acres (0.489Ha) area and is intended to be used as a surface parking lot to meet the parking requirements of the proposed Argyle School/St. Pius School joint-use building. The Zoning Bylaw classifies such parking arrangement as “Off-site Caveated Parking”. This application is contingent on the Zoning Bylaw amendment being approved.

The proposed off-site parking lot will accommodate a total of 113 parking stalls, out of which two will be dedicated to the daycare land use on the main school site. All required accessible parking stalls will be provided on the main school site to meet the Zoning Bylaw requirements around accessible parking stalls. The land use and zoning related details of this proposal on proposed Parcel E are provided in the following tables:

The key regulations for an off-site caveated parking lot are contained in clause 1F.3.2 (b) of the Zoning Bylaw:

3.2 OFF-SITE CAVEATED PARKING

(1) Parking stalls built on a separate lot may be used to meet a lot’s minimum motor vehicle parking requirements using off-site caveated parking provided that:

(a)               a “Transportation, Parking Lot” or “Transportation, Parking Structure” land use is listed as a permitted or discretionary use on the lot where the parking stalls are built; and

(b)               the caveated parking area is located within 150 metres of the lot with the land use for which the parking is. This shall be measured from the closest point of the lot for which the parking is being provided to the furthest caveated parking stall.

The proposed off-site parking lot is located on the north side of Lakeview Avenue, directly across from the proposed joint-use building and all parking stalls are well within the required 150 metres distance.

The applicants have also stated that the proposed off-site parking lot would be available as parking space during off-school hours for the Kinsmen Park South users. Accordingly, the proposal includes a curb-cut and sloped access to the Kinsmen Park South to ensure that it remains accessible to the park users.  An agreement providing for caveated and shared use of the proposed parking lot will be executed between the City and the applicants before issuing a Development Permit as per the Zoning Bylaw requirements.

Based on Administration’s evaluation of the proposal, development standards and criteria established in Part 1E.3 of the Zoning Bylaw, the development is suitable at the proposed location for the following reasons:

·         As noted above, “Transportation, Parking Lot” is deemed to be compatible with other land uses allowed in the I - Institutional Zone.

·         The land-use is generally compatible with existing land uses on adjacent properties, including City recreational facilities and park space.

·         The land-use is also not intensive regarding parking and traffic and would be compatible with surrounding land uses.

Traffic

Administration reviewed a Traffic Impact Assessment submitted to support the joint-use school development, which included the proposed parking lot on proposed Parcel E. Access to the proposed surface parking lot will be provided from Kings Road. It is classified as a local roadway and the proposed access aligns with Assiniboine Avenue to create a four-legged intersection. The development will result in an increase in traffic in the area, but the applicant has shown that the road network has capacity to handle the increased traffic and has submitted mitigation measures to Administration’s satisfaction. The mitigation measures include but are not limited to:

·         the addition of a sidewalk along the west side of Kings Road from the parking lot entrance to the intersection with Lakeview Avenue;

·         A widened 2.25 m sidewalk along the south side of Lakeview Avenue;

·         Curb extensions on the south side of Lakeview Avenue and Kings Road;

·         Zebra crossing pavement markings at the intersection of Lakeview Avenue and Kings Road;

·         U-turn prohibited signs at the entrance to the school zone; and,

·         A stop sign on the south leg of Kings Road and Lakeview Avenue (internal parking loop)

Community Engagement

In accordance with the public notice requirements of The Public Notice Policy Bylaw, 2020,

neighbouring property owners within 75 metres of the proposed development received

written notice of the application and public notification signs were posted on the subject

sites. A summary of public feedback and Administration’s response is provided in Appendix B.

·         On August 26, 2019, City Council authorized Administration to continue discussions on a potential joint-use school site in the Lakeview neighbourhood based on the proposed terms outlined in the report (CR19-75).

·         On February 26, 2020, City Council approved the transfer of a portion of the Kinsmen Park South (approximately 1.2 acres) to the Ministry of Education and authorized the Administration to conclude negotiations with the relevant parties to ensure the conditions stated in the report are met (CR20-14).

City Council’s approval is required pursuant to Part V of The Planning and Development Act, 2007.

Respectfully Submitted,              Respectfully Submitted,

{Signature}

Prepared by: Amar Guliani, City Planner II