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HomeMy WebLinkAboutPLN 21-22Report to Council Report Number: PLN 21-22 Date: April 25, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Two-year Period Exemption Request for Minor Variance Application P/CA 66/22 JMPM Holdings Limited & Stuart Mark Golvin 1635 Bayly Street Recommendation: 1. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990, P.13 as amended, and permits the Committee of Adjustment to consider Minor Variance Application P/CA 66/22, submitted by JMPM Holdings Limited & Stuart Mark Golvin, for lands municipally known as 1635 Bayly Street, 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, as amended, permitting the Committee of Adjustment to consider Minor Variance Application P/CA 66/22, submitted by JMPM Holdings Limited & Stuart Mark Golvin, owner of 1635 Bayly Street (see Location Map, Attachment #1). The site-specific Zoning By-law 7828/21, enacted by Council on March 22, 2021, expanded the list of permitted uses within the existing “MC-21” zone. The site-specific zoning by-law permits warehouse use. However, it does not permit outdoor storage. The request for this minor variance application, despite a zoning by-law amendment having been passed within the last two years, is to permit an outdoor storage area associated with a proposed warehouse use (see Approved Site Plan, Attachment #2, and Submitted Conceptual Site Plan, Attachment #3). The outdoor storage area is proposed to be screened along Dillingham Road with a wooden fence and enhanced landscaping (see Conceptual Landscape Plan, Attachment #4 and Landscape Rendering, Attachment #5). Given the configuration of the subject lands with frontages along Bayly Street and Dillingham Road, and that outdoor storage is a prohibited use in the City's Official Plan on the northerly portion of subject lands, there are limited areas to locate the outdoor area while meeting operational requirements of the prospective tenant. Should Council grant the exemption, and the Committee of Adjustment approved the requested minor variance, the applicant will be required to submit a site plan application. Staff will work with the applicant to enhance the landscape buffer along Dillingham Road, and upgrade the perimeter fencing for the proposed outdoor storage area to ensure the exposure of the outdoor storage area is minimized. Staff recommend that Council grant the requested exemption. Report PLN 21-22 April 25, 2022 Subject: JMPM Holdings Limited & Stuart Mark Golvin Page 2 Financial Implications: No direct financial implications are 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 by removing the ability for an applicant to apply for a minor variance for two years following the passing of an applicant-initiated zoning by-law amendment. However, the Planning Act changes also permit a municipal Council to allow minor variance applications to proceed on a case-by-case basis by Council resolution. The Province indicated that the amendment intends to prevent, for a two year period, zoning provisions that Council determines to be important, from being reversed through the minor variance process. 2. Property Description The subject lands are located on the south side of Bayly Street, west of Brock Road within the Brock Industrial Neighbourhood (see Location Map, Attachment #1). The subject lands comprise two properties having a combined area of approximately 2.7 hectares, with frontages along Bayly Street and Dillingham Road. In 2012, the City issued Site Plan Approval, along with subsequent amendments in 2015 and 2017, to facilitate the development of the subject lands for seven separate buildings. The subject property currently supports three industrial/commercial buildings, and future phases include an additional four buildings to be constructed at a later date (see Approved Site Plan, Attachment #2). 3. Council Approved Site-Specific By-law 7828/21 on March 22, 2021 In November 2018, JMPM Holdings Limited & Stuart Mark Golvin applied for a Zoning By-law Amendment to permit additional employment uses, as well as limited personal service and retail uses serving the immediate designated employment area. In addition, specific modifications to the Special Regulations of the site-specific zoning by-law were also made related to limiting personal service and retail uses. Outdoor storage was not included as a permitted use on these lands. On March 22, 2021, Council enacted a site-specific Zoning By-law 7828/21, which expanded the list of permitted uses within the existing “MC-21” zone. 4. Proposed Warehouse Facility and Outdoor Storage Area (Building ‘E’) After the approval of the site-specific zoning by-law amendment, the applicant has been in discussions with a prospective tenant for Building ‘E’ (see Submitted Conceptual Site Plan, Attachment #3). The tenant is a division of the Federal government, which receives and auctions off seized properties, including but not limited to, automobiles and boats. As part of the operation, the tenant requires permission for an outdoor storage area to store large items. Report PLN 21-22 April 25, 2022 Subject: JMPM Holdings Limited & Stuart Mark Golvin Page 3 The applicant is proposing a 4,105 square metre single-storey warehouse building with a 3,000 square metre outdoor storage area fronting Dillingham Road. The outdoor storage area will be set back a minimum of 10 metres from the front lot line. An opaque wooden fence, along with enhanced landscaping, is proposed along Dillingham Road to screen the proposed outdoor storage area (see Conceptual Landscape Plan, Attachment #4 and Landscape Rendering, Attachment #5). The height of the proposed wooden fence has not been determined by the applicant. However, the intent is to screen the outdoor storage area as much as possible. Staff will work with the applicant to ensure the most appropriate screening measures are implemented. 5. Outdoor Storage Restrictions within Zoning By-law 2511 The request for this minor variance application, despite a zoning by-law amendment having been passed within the last two years, is to permit an outdoor storage use associated with a proposed warehouse use, whereas the site-specific zoning by-law does not permit outdoor storage. Within the City’s Official Plan, the property has a split designation. The northerly portion of the site is designated as “Employment Areas – Mixed Employment” and the southerly portion is designated as “Employment Areas – General Employment”. The location of the proposed warehouse building straddles the boundary of the designations. However, the entirety of the proposed outdoor storage area is located within the General Employment designation. Outdoor storage is a permissible use within the General Employment designation. As noted above, outdoor storage is not a permitted use on the subject lands. However, within Zoning By-law 2511, outdoor storage is only permitted within the “M2” and “M2S” industrial zones, subject to the following specific regulations in the by-law: • an open storage area shall only be permitted in a rear yard, or not closer than 9.0 metres to any street line, provided that such storage area is not visible from a street; • an open storage area shall not exceed more than 30 percent of the lot area exclusive of the parking area, and shall not exceed the ground floor area of buildings upon the lot; and • an open storage area can be used for only: • the temporary storage of products manufactured, assembled or used on the premises; • the storage of tanks and containers of liquids, gases or other similar materials in the commercial or manufacturing process; and • the storage of materials used in the industrial operation excluding bulk open storage of sand, gravel, stone, coal and construction material or other similar material or products. Other industrial properties immediately south of the subject property have an outdoor storage area, including the abutting property to the southwest at 974 Dillingham Road. All properties along Dillingham Road that contain an outdoor storage area are zoned “M2” within Zoning By-law 2511. Report PLN 21-22 April 25, 2022 Subject: JMPM Holdings Limited & Stuart Mark Golvin Page 4 The general intent of the by-law regulations for outdoor storage is to restrict the size and visibility of outdoor storage areas to limit the visual impact on the streetscape, and to restrict the materials stored to be associated with the main industrial use of the property. Given the configuration of the subject lands with frontages along Bayly Street and Dillingham Road, and that outdoor storage is a prohibited use in the City's Official Plan on the northerly portion of subject lands, there are limited areas to locate the outdoor storage area, while meeting operational requirements of the prospective tenant. Furthermore, the proposed outdoor storage area is generally in keeping with the outdoor storage area zoning provisions of the M2 zone category. Should Council grant the exemption, and the Committee of Adjustment approve the requested minor variance, the applicant will be required to submit a site plan application. Through the site plan review process, staff will continue to work with the applicant to enhance the landscape buffer along Dillingham Road and upgrade the perimeter fencing for the outdoor storage area, to minimize the exposure of the outdoor storage area from Dillingham Road. 6. Conclusion It is recommended that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act and permit Minor Variance Application P/CA 66/22, submitted by JMPM Holdings Limited & Stuart Mark Golvin, to be considered by the Committee of Adjustment. Should Council grant the exemption, Minor Variance Application P/CA 66/22 will be scheduled to be heard at the Wednesday, May 11, 2022 Committee of Adjustment meeting. Attachments: 1. Location Map 2. Approved Site Plan 3. Submitted Conceptual Site Plan 4. Conceptual Landscape Plan 5. Landscape Rendering (View from Dillingham Road) Report PLN 21-22 April 25, 2022 Subject: JMPM Holdings Limited & Stuart Mark Golvin Page 5 Prepared By: Original Signed By Felix Chau Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, 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 FC:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment #1 to Report #PLN 21-22 B ro c k R o a d Dillingham Road Sa l k R o a d Orangebrook Court Bayly Street Plummer Street Quigley Street Don BeerArena Location MapFile:Applicant:Municipal Address: P/CA 66/22 Date: Mar. 22, 2022 JMPM Holdings Limited & Stuart Mark Golvin1635 Bayly Street HydroLands SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 66-22 JMPM Holdings Limited & Stuart Mark Golvin\PCA66-22_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © 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, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment HydroLands Attachment #2 to Report #PLN 21-22 Approved Site Plan File No: P/CA 66/22 Applicant: JMPM Holdings Limited & Stuart Mark Golvin Municipal Address: 1635 Bayly Street FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT.Date: March 28, 2022 Attachment #3 to Report #PLN 21-22 Submitted Conceptual Site Plan City Development Department April 6, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. P/CA 66/22 JMPM Holdings Limited & Stuart Mark GolvinApplicant: Municipal Address: DATE: File No: 1635 Bayly Street L:\Planning\01-MapFiles\A\2022 Attachment #4 to Report #PLN 21-22 L:\Planning\01-MapFiles\A\2022 April 6, 2022DATE: Applicant: Municipal Address: File No: Conceptual Landscape Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department P/CA 66/22 1635 Bayly Street JMPM Holdings Limited & Stuart Mark Golvin Attachment #5 to Report #PLN 21-22 L:\Planning\01-MapFiles\A\2022 April 6, 2022DATE: Applicant: Municipal Address: File No: Landscape Rendering (View from Dillingham Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department P/CA 66/22 1635 Bayly Street JMPM Holdings Limited & Stuart Mark Golvin