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HomeMy WebLinkAboutPLN 25-18-C/pof-p](KERJNG From: Subject: Kyle Bentley Director, City Development & CBO Two-year period Exemption Request for Minor Variance Application PICA 87/18 Duffins Point Inc. 2460 and 24 70 Brock Road Recommendation: Report to Council Report Number: PLN 25-18 Date: September 17, 2018 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 Duffins Point Inc., for 2460 and 2470 Brock Road 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 Duffins Point Inc., owner of 2460 and 2470 Brock Road. The applicant is requesting approval of a minor variance to expand the list of permitted uses on the subject property to include an accessory outdoor garden centre. Financial Implications: Not Applicable 1. Discussion: Bill 73, the Smarl Growth for Our Communities Act, 2015, amended the Planning Act, R.S.O. 1990; c. P. 13 by removing the ability to apply for a minor variance for 2 years following the passing of an applicant 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. 2. Proposed Retail/Commercial Development In 2015, Duffins Point Inc. submitted applications for Official Plan Amendment and Zoning By-law Amendments for lands located on the west side of Brock Road, north of the Hydro corridor in the Duffin Heights Neighbourhood (see Location Map, Attachment #1). Report: PLN 25-18. Subject: Duffins Point Inc. September 17, 2018 Page 2 The applicant proposes to develop the subject lands for a retail/commercial centre consisting of 3 buildings having a total gross floor area of approximately 13,500 square metres with a broad range of uses, including but not limited to, commercial fitness/recreational centre, day care centre, financial institution, medical office, office, personal service shop, restaurant, retail store and supermarket. On June 27, 2016, City Council recommended that Official Plan Amendment Application OPA 15-001/P to permit a single-storey commercial building with a drive-through facility be approved and that Zoning By-law Amendment Application A 06/15 to facilitate a retail/commercial development be endorsed. On September 19, 2016 the applicant submitted a site plan application. The applicant has been working with staff to further refine the proposal based upon leasing and tenant requirements. On June 20, 2018, Council adopted Official Plan Amendment No. 33 to permit the establishment of a single-storey commercial building with a drive-through, and enacted a site specific zoning by-law amendment rezoning the subject lands to facilitate the development of a retail/commercial centre with a broad range of uses. 3. Minor Variance Application PICA 87/18, Duffins Point Inc. On August 23, 2018, the applicant submitted a Minor Variance Application PICA 87/18 requesting that the list of permitted uses on the subject lands be expanded to include an outdoor garden centre as an accessory use to a Retail Store use. This minor variance application falls within the 2 year "time out" provision of the Planning Act. Thus, a Council resolution is required to enable the Committee of Adjustment to consider this minor variance application. The applicant has indicated that they have secured a tenant (Home Hardware) who requires the use of an outdoor garden centre. The area of the proposed outdoor outdoor garden centre is approximately 240 square metres located internal to the site (see Submitted Site Plan, Attachment #2). The proposed outdoor garden centre will be accessory to a retail store. The proposed use is in keeping with the general intent and purpose of the City's Official Plan and Zoning By-law, which is to permit a broad range uses servicing a larger area including: retailing of goods and services; offices; restaurants; and community, cultural and recreational services. The proposed commercial development has been designed to provide sufficient on-site parking to accommodate the uses permitted within the site specific zoning by-law and the proposed outdoor garden centre. 4. Conclusion Staff are of the opinion that the submitted minor variance application will facilitate the intended use of the subject lands as a retail/commercial 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 PICA 87/18, submitted by Duffins Point Inc. to be considered by the Committee of Adjustment along with any other Minor Variance Application resulting from the further processing of the site plan or building permit applications. Report: PLN 25-18 Subject: Duffins Point Inc. Attachments: 1. Location Map 2. Submitted Site Plan Prepared By: Deborah Wyli , MCIP, RPP Principal Planner, Development Review ·, MCIP, RPP Manager, Development Review DW:NS:ld Recommended for the consideration of Pickering City Council September 17, 2018 Page 3 Approved/Endorsed By: /~·~ Catherine Rose, MCIP, R~~ Chief Planner Kyle Bentley, P. Eng. Director, City Development & CBO Tony Prevedel, P. Eng. Chief Administrative Officer -1/-tt,wte, t--------,--l..~I o: 0::: ATTACHMENT# / TO REPORT# PL~ cl,5-/B ~-. C/lL----7' 0) :§ f= ·~ Third Concession Road Location Map -Oq;{)f-File: PICA 87/18 PlCKERlNG Applicant: Duffins Point Inc. City Development Property Description: Part Lot 19 Concession 3 Department Part 1 40R-26764 (2460 Brock Road) e l,;Orpora on o· tn-e L.;1tyo 1-'ltKenng roaucea (tnpa1 )UMert1cense om:1&>uueens 1-'nn er,un ano "'"'"'u o! Na ura1 ttesource11. ~llrJ",lhts reserved.;© Her Ma}esty the Oueen In Right of Canada, Department ol llalural Resources.Al rights reserved.; i::,Teranet Enterprises Inc, and its suppliers all rights reserved.;© Munlclpal Property Assessment Corporation and is. supp[ers all rlghb reserved.; Part 1 40R-2548 and Date: Sep. 06, 2018 SCALE: 1 :5,000 I THIS IS llOT A PLAtl OF SURVEY. Accessory Outdoor Garden Centre ,/ I I \ \ -C~0f- p](KERJNG City Development Department I ,/"7"\ -........... ~ ------=~i:---- \ \ \ \ --~----~, ( ~~---~~~~. ~ Submitted Site Plan FILE No: P/CA 87/18 APPLICANT: Duffins Point Inc. \ \ LANDSCAPED AREA \ 2 ACRE ~F>AF-')<ll~AR:"A \ CN , ... ,·roRO ,_o~•> ., PRQC'ERF \ \ \ \ \ \ \ \ \ \ \ \ \ ---- \ \ \ \ \ ~~ PROPERTY DESCRIPTION: Part Lot 19 Concession 3, Part 1 40R-2548 and Part 1 40R-26764 (2460 and 24 70 Brock Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. , DATE: Sept 11, 2018 :n l> IT' _, -,:,_, 0)::, :no _, ::i:: ~ 5 rn 2 _, 'II>