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HomeMy WebLinkAboutPLN 30-19Cfy �t DICKERING Report to Council Report Number: PLN 30-19 Date: December 16, 2019 From: Kyle Bentley Director, City Development & CBO Subject: Two-year period Exemption Request for Minor Variance Application P/CA 03/20 9004897 Canada Inc. (Stonepay) Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547 Recommendation: 1. That Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permit the Committee of Adjustment to consider Minor Variance Applications resulting from the further processing of the Site Plan or Building Permit applications submitted by 9004897 Canada Inc. (Stonepay), for Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547 before the second anniversary of the day on which an applicant initiated zoning by-law amendment was enacted for the subject lands. Executive Summary: This report recommends that Council adopt a resolution in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, permitting the Committee of Adjustment to consider a Minor Variance Application submitted by 9004897 Canada Inc. (Stonepay), owner of Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547 (see Location Map, Attachment #1). The applicant is requesting approval of a minor variance application to permit air conditioning units to be located within the front yard for 2 residential blocks along Palmer's Sawmill Road; whereas the site-specific zoning by-law amendment prohibits air conditioning units to be located between the front wall of a building or a dwelling and a public street. Financial Implications: There are no direct financial implications arising from Council's adoption of the recommendation of this report. 1. Discussion: Bill 73, the Smart Growth for Our Communities Act, 2015, amended the Planning Act, R.S.O. 1990; c. P. 13 by removing the ability for an applicant to apply for a minor variance for 2 years following the passing of the applicant's initiated zoning by-law amendment. However, the amendment also permits municipal Council to allow minor variance applications to proceed on a case-by-case basis by Council resolution. The Province indicated that the intent of the amendment is to prevent, for a 2 year period, zoning provisions that Council determines to be important from being reversed through the minor variance process. Report: PLN 30-19 December 16, 2019 Subject: 9004897 Canada Inc. (Stonepay) Page 2 2. Proposed Residential Development In 2017, 9004897 Canada Inc. (Stonepay) submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment for lands located north of Third Concession Road, south of Dersan Street, east of Tillings Road and west of Brock Road within the Duffin Heights Neighbourhood (see Location Map, Attachment #1). The applicant proposes to develop the subject lands for a phased residential condominium development consisting of 4 blocks of 726 units including a mix of street townhouses, stacked townhouses and back-to-back townhouses (see Submitted Overall Concept Plan, Attachment #2). On December 1, 2017 Stonepay filed appeals to its applications for Draft Plan of Subdivision and Zoning By-law Amendment to the Local Planning Appeal Tribunal (LPAT) on the basis that the City did not make a decision on the applications within the prescribed timelines as set out in the Planning Act. On June 25, 2018, City Council adopted Resolution #458/18 that the LPAT be advised that City of Pickering supports Draft Plan of Subdivision Application SP -2017-02 and Zoning By-law Amendment Application A 05/17 submitted by Stonepay. On July 31, 2019, the LPAT ordered that the appeals be allowed in part, that the draft plan of subdivision be approved subject to conditions, and that Zoning By-law 7710/19 be enacted. Shortly after that approval, the applicant submitted a Site Plan Application for the first phase of the development (see Submitted Phase 1 Site Plan, Attachment #3). During the review of the site plan, staff noted that the location of air conditioning units between the front main wall of stacked townhouse Buildings 1 and 2, and Palmer's Sawmill Road did not comply with the site-specific zoning by-law approved by the LPAT. 3. Minor Variance Application P/CA 03/20, 9004897 Canada Inc. (Stonepay) On November 29, 2019, the applicant submitted Minor Variance Application P/CA 03/20 requesting that Section 5.(1)(2)(g) of Zoning By-law 7710/19 be varied to permit air conditioning units in the front yard between the front wall of a building or dwelling and a street. The minor variance application falls within the 2 year "time out" provision of the Planning Act. A Council resolution is required to enable the Committee of Adjustment to consider this minor variance application. The applicant has indicated that the variance is required as certain units only have frontage or access to the front of the building. This results from the nature of the stacked townhouse built form where it is difficult to avoid locating air conditioning units between the front main wall and the street. Report: PLN 30-19 Subject: 9004897 Canada Inc. (Stonepay) December 16, 2019 Page 3 The applicant is proposing to locate the air conditioning units on unit balconies or on top of porticos. The intent of the provision restricting the location of air conditioning units is to shield views of the units from a public street and to maintain a high-quality public realm. It is proposed that air conditioning units located between the main front wall and Palmer's Sawmill Road will be screened with decorative metal panels shielding all views from the municipal right-of-way. The decorative metal panels will match seamlessly with the balcony railings to provide an attractive facade and streetscape. The proposed variance is in keeping with the general intent and purpose of the City's Official Plan and Zoning By law, which is to permit primarily housing and related uses. Staff have reviewed the site plan application for Phase 1 and consider the proposed residential development to have been designed to appropriately accommodate the site and maintain a high quality public realm. The requested variance is considered to allow appropriate development for the site and to be minor. 4. Conclusion Submitted rendering of the decorative metal panels to screen air conditioning units. Staff are of the opinion that the submitted minor variance application will facilitate the intended use of the subject lands as residential condominium development, and is in keeping with the general intent and purpose of the City's Official Plan and the site specific zoning by-law amendment. It is recommended that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P. 13, and permit Minor Variance Application P/CA 03/20, submitted by 9004897 Canada Inc. (Stonepay) to be considered by the Committee of Adjustment along with any other Minor Variance Applications resulting from the further processing of site plans or building permit applications. Report: PLN 30-19 December 16, 2019 Subject: 9004897 Canada Inc. (Stonepay) Page 4 Attachments: 1. Location Map 2. Submitted Overall Concept Plan 3. Submitted Phase 1 Site Plan Prepa Approved/Endorsed By: Nilesh Su i, MCIP, RPP Manager, Development Review & Urban Design NS:Id Catherine Rose, MCIP, RPP Chief Planner Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Tony Prevedel, P. Eng. 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(Stonepay) Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5 40R-28547 (Tillings Road) The Corporation of the City of Pickering Produced (in part) under license from: ©Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada. Deparhnent of Natural Resources. Pll rights reserved.; ©Teranet Enterprises Inc and Its suppliers all rights reserved.; ©Municipal Property Assessment Corporation and Its suppliers all rights reserved.; Date: Nov. 29, 2019 SCALE: 1:10,000 THIS IS NOTA PLAN OF SURVEY. L:\PLANNING\01-MapFiles\PCA\2020\PCA03-2O - 9004807 Canada Inc. (Stonepay)\PCA03-20_LontionMap.mxd Attachment #2 to Report #PLN 30-19 --..'4--C-Or-L., BROCK ROAD BROCK ROAD I - ' (Phase AESDFNT61! Psora® MED USEOEVELOPMENt _ _ - ;� ""ki... 1 ,n i i.t al albii ilt Cilli 4/49401/- I i �a��aa �aa \ JJJ0.MMMMMM . '9hgid �.EA4 Rd.MW� 6i�9: :i'Al�'.>F PUHMIM �� f 'LAI ■■ = 1 g �. - �_. 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DATE: Nov 29, 2019 L:\Planning\01-Map F i les\PCA\2019 Attachment #3 to Report #PLN 30-19 PALMER'S SAWMILL ROAD To permit air conditioning units in the front yard between the front wall of a building or a dwelling and a street Muir LB:IfILDINu f RIiIAT iiOAO-"B"- � a 993733 d Q xmn:5311 173733::::13:133733: 4-PRIVATEROAD-T - s- - Rrn w w r h ' I Li r { BUILDING 6 BUILDfNG PICKERING City Development Department Submitted Phase 1 Site Plan File No: P/CA 03/20 Applicant: 9004807 Canada Inc. (Stonepay) Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5 40R-28547 (Tillings Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Nov 29, 2019 L:\Planning\01-MapFiles\PCA\2020