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HomeMy WebLinkAboutDecember 22, 1992 .. - 79 - MINUTES of the 16th Special Meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Tuesday, December 22,1992 Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough Mrs. C. Scorer PRESENT "W' Mrs. Eva McDougall, Secretary- Treasurer Mrs. Lynda Taylor, Assistant Secretary-Treasurer Mr. Chris R. Wong, Senior Planner The Special Meeting convened at 6:45 p.m. in the Committee Room of the Civic Complex. ALSO PRESENT 1. P /CA - 56/92 - Discovery Place Limited Part of Lot 21, Concession 1, Parts 10 and 11, 40R-I0070 Town of Pickering The applicant requests relief from the provisions of: (a) Section 5(I)(b)(i) - Schedule II of By-law 2349/87 to permit the establishment of a minimum 0.0 metre yard setback from The Esplanade North; whereas the By-law requires that a dwelling provide a minimum yard setback of 14.0 metres from The Esplanade North; and (b) Section 5(I)(b)(iii) of By-law 2349/87 to permit a residential lot coverage of 36 percent to be provided by the proposed development; whereas the By-law requires that residential lot coverage not exceed a maximum of 20 percent. Approval of this variance application is required to permit the construction of a residential development (garden apartments and apartment buildings) on the subject property. The Secretary- Treasurer outlined comments received from the following: '-" (1) (2) (3) (4) (5) (6) Planning Department, comment from August 12, 1992 meeting; memorandum to the Secretary- Treasurer of the Committee of Adjustment, dated December 4, 1992, from Chris Wong, Senior Planner, recommending deferral of the application; Concerned Owners of Durham Condominium Corporation Nos. 93 and 106; Mrs. Sophia Campitelli as Representative; letter dated August 10, 1992; letter included in Agenda as per request in letter; and Petition; Owners/Residents of Durham Condominium Corporation Nos. 93 and 106; indicated opposition to the proposed project; dated August 12, 1992; and Concerned Owners of Durham Condominium Corporation Nos. 93 and 106; letter and Submission; dated December 9,1992. N.B. PLEASE NOTE THAT THE ABOVE-NOTED SUBMISSION IS AVAILABLE FOR VIEWING AT THE PLANNING DEPARTMENT, ONE THE ESPLANADE, PICKERING, ONTARIO, LIW 6K7, AND THE SUBMISSION WILL ALSO BE AVAILABLE TO THE MEMBERS OF THE COMMITTEE OF ADJUSTMENT PRIOR TO THE PUBliC HEARING OF DECEMBER 16, 1992 Memorandum dated December 4, 1992 to the Secretary-Treasurer, Committee of Adjustment from Chris R. Wong, Planning Department, Town of Pickering, recommending deferral of the application; and Memorandum to the Secretary-Treasurer, dated December 21, 1992, from Chris R. Wong, Planning Department, Town of Pickering. Mr. Steve Upton was present to represent the applicant. Mrs. D. Wallace and Mr. and Mrs. Campitelli, were present as representative of Durham Condominium Corporation Nos. 93 and 106. Several other residents were present in objection to the application. Mr. Upton indicated that when the variance application was submitted, that the intent was to permit residential lot coverage of 36%, because of a miscalculation 30% lot coverage was shown in the Notice of Public Hearing as circulated. He stated that Tridel had several meetings with the Council of the Town of Pickering and Staff of the Town of Pickering to enable a better understanding of the project. He indicated that Council had revised Tridel's plan for the subject property. He noted that he was now concerned with the application before the Committee of Adjustment, and that the decision was in the Committee of Adjustment's hands now. ...... -- ....... - 80 - Mrs. Wallace indicated that there were development concerns related to the project. She noted that the developer had meet with people from both Condominium Corporations. Mr. Campitelli indicated that the Condominium Corporations had spent five months on the project, and had submitted a file to the Committee of Adjustment on the concerns of the residents. Mr. Bhuta inquired as to the number of units that were pre-sold by Discovery Place Limited. Mr. Upton stated that some units were sold conditionally, and that generally most people would start purchasing the units when the project had received all development approvals which would hopefully be early 1993. Mr. Bhuta asked if there was difficulty in the sale of the units. Mr. Upton replied that there was not really a problem in the sale of the units, and that the problems were related to market conditions and completion of approvals for the project. He stated that Tridel's other developments, such as in Vaughan, where the prices of units were higher, that they were not experiencing any problem with the sale of the units. He also indicated that similar development proposals in Scarborough City Centre area was favourably welcomed. Mr. Bhuta inquired as to the average price of the units. Mr. Upton stated that the average price ranged from $129,000. to $169,000. per unit at the present time. Ms. Archer stated that Tridel and the Council of the Town of Pickering had reached a compromise on the project which had taken considerable time. Ms. Archer asked Mr. Upton if Tridel was willing to abide by what was put forth by Council. Mr. Upton indicated that Tridel was willing to abide by Council, but at the present time Tridel had not had sufficient time to analyze the situation, as Tridel had again met with Council on December 21, 1992. Mr. Puterbough stated that the Development Plan for the Town Centre area was being amended by Council, but that in fact it should have been the actual zoning by-law pertaining to the property that should have been reviewed. Mr. Puterbough stated that according to Ministry of Municipal Affairs and Housing Guidelines for reviewing variance applications, it is important to establish whether the existing zoning created undue hardship for the applicant. Mr. Puterbough asked Mr. Upton what the undue hardship Tridel had faced that required the variance application on the property. Mr. Upton indicated that their undue hardship is the current economic recession, and the variances were required to enable the economical sale of a product. He stated that high-rise condominiums are presently very hard to market, so their alternative to high-rise development is in the form of the Casitas which otTer ground related living. He indicated they had received a good response to the type of housing, and that the form of housing is not unique in that the form is many years old, but is an upscale version. He stated that Tridel maintains quality in their development, and that this style of housing is an alternative type of housing which is presently quite marketable. Mr. Upton stated the project is for 185 units which are three-storeys to five-storeys high. Mr. Puterbough asked Mrs. Wallace what the major concerns of the residents of Durham Condominium Corporation No. 93 and 106 were. Mrs. Wallace indicated that one of the major concerns was the internal road pattern since the roads were very narrow. She indicated a great deal of the parking would be on the side of the street, and that the parking would be difficult to control. Mrs. Wallace stated that emergency vehicles would have difficulty in entering the site. She stated that the residents were opposed to the project in general. Mr. Puterbough asked Mrs. Taylor how the parking issue would be decided. Mrs. Taylor stated that the parking on the site would be subject to Site Plan Approval, and that the parking would have to comply with isle widths and placement on the site, etc. Ms. Archer stated the fire route would also be addressed in the Site Plan Approval process. Mrs. Kerr asked if the two high-rise buildings would be built last. Mr. Upton indicated that in fact they would be built last on the site. Mr. Upton explained that they would in fact be building the two high-rise buildings as the approvals for easement with respect to parking/vehicle access would have to be obtained at the outset of the approval process as vehicle access was from The Esplanade North. Mr. Upton stated that Tridel is committed to __ building the high-rise condominiums. Mrs. Kerr indicated that no recreational or other facilities were available in the development. Mr. Upton indicated that recreational facilities were not included because of the cost factor in the total price of the units. The project would not require large monthly maintenance fees because of that factor. He indicated that other facilities are available nearby in the Town Centre area. - 81 - Mrs. Wallace stated that the residents do not agree with the garden apartment concept, and that the project would be too congested. She indicated that the project of Tridel's in Vaughan was a higher quality project. She stated that the lot density and lot coverage was too high. Mrs. Wallace and Mr. Campitelli indicated that they had a problem with the zoning by-law as it relates to accumulative unit counts/lot coverage. Mr. Campitelli indicated that when the Casitas were sold that the units would become a condominium corporation, and therefore Discovery Place Limited would not own the land any longer. Mr. Campitelli indicated that a larger number of units could then be built on the remaining land. Mrs. Taylor indicated that the development of the remaining piece of property would have to coincide with the other number of units built on the site. Mrs. Taylor indicated that the zoning by-law referred to entire project as to percent of lot coverage, setbacks, and also that the property had to comply with the Official Plan. Mr. Campitelli stated that he felt that the interpretation of the by-law was as he considered it. '-" ....... Mrs. Scorer asked if the two variances as applied for, were the only variances required for the project. Mrs. Taylor indicated that the development had not gone through the Site Plan Approval process, but they were the only variances to the application. Mr. Upton indicated that the project would possibly attract empty-nesters, professionals and retired people. Mr. Upton noted that the project was an alternative form of housing which was not presently in the Town Centre Community. Mr. Puterbough noted that Tridel had many discussions with the Council of the Town of Pickering in dealing with the Development Plan, and that he felt that the Town and Tridel had reached a good compromise which was fair and reasonable. DECISION: Moved by Mrs. Scorer, seconded by Mr. Puterbough, and carried unanimously that - this application, P /CA 56/92, be APPROVED AS REVISED, on the grounds that the revised variances to permit a minimum setback from The Esplanade North of 3.6 metres, and to permit a maximum lot coverage of 30% are minor in nature for the following reasons: a compromise has been reached from the applicant's originally submitted plan; the low-rise development introduces a new form of housing to the Town Centre Community; the revised variances are in keeping with the intent of the Council of the Town of Pickering amended Town Centre Development Plan; the property does not remain vacant; and the revised variances are desirable for the appropriate development of the subject lands, and in keeping with the general purpose and intent of the Durham Regional Official Plan, the Pickering District Plan and Sections 5(I)(b)(i) - Schedule II and 5(I)(b)(iii) of Zoning By-law 3036, as amended by By-laws 2349/87 and 2837/88, subject to the following conditions: 1. That the applicant obtain site plan approval from the Planning Department within one year of this decision or this decision shall become null and void. 2. That the variance approval to reduce the minimum building setback apply only to The Esplanade North property line of the subject site. 2. ADJOURNMENT MOTION: Moved by Ms. Archer, seconded by Mrs. Scorer and carried unanimously that- the 16th Special Meeting of the Committee of Adjustment be adjourned at 7:20 p.m., and the next regular meeting of the Committee of Adjustment be held on Wednesday, January 13, 1993. / ) iLf:??/.c.:/;;.c/ /,,>) / ;'J 'ij DAm / '-" (? ~~:..J;:l rv CHAIRMAN dt e/w/,-_/ /;/' ,! /c /~d ( .....~ v--' TARY-TREAS