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HomeMy WebLinkAboutPLN 22-21Report to Council Report Number: PLN 22-21 Date: April 26, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Two-year period Exemption Request for Minor Variance Application P/CA 21/21 Universal City Six Developments Inc. Part of Lot 21, Concession 1 South, Now Part 2, 40R-18785 (1010 Sandy Beach Road) Recommendation: 1. That Council grants 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 Application P/CA 21/21, resulting from the further processing of the Site Plan or Building Permit applications submitted by Universal City Six Developments Inc., for lands municipally known as 1010 Sandy Beach 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 Minor Variance Application P/CA 21/21, submitted by Universal City Six Developments Inc., for 1010 Sandy Beach Road (see Location Map, Attachment #1). The applicant is requesting approval of a minor variance application to marginally increase the maximum building height from 78 metres (26-storeys) to 79.5 metres (27-storeys), and to the eliminate the required minimum 3.0 metre stepback in the main wall of the point tower between the top 6.0 metres and 18.0 metres of a building greater than 73.5 metres in height (24-storeys). The requested variances are in keeping with the general intent and purpose of the City Centre Neighbourhood Official Plan policies, the City Centre Urban Design Guidelines, and the City Centre Zoning By-law 7553/17, as amended. The requested variances are minor in nature and desirable for the proposed development, which creates a landmark gateway into Pickering's City Centre while improving the architectural design of the building and the public realm along Bayly Street and Sandy Beach Road. For these reasons, staff recommend that Council grant the requested exemption. Financial Implications: No direct financial implications are arising from Council's adoption of the recommendation of this report. Report PLN 22-21 April 26, 2021 Subject: Universal City Six Developments Inc. Page 2 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 2 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 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 Residential Development In February 2020, Universal City Six Developments Inc. submitted Zoning By-law Amendment Application A 01/20, for the lands located at the northwest corner of Sandy Beach Road and Bayly Street within the City Centre Neighbourhood (see Location Map, Attachment #1). On February 21, 2020, the applicant submitted a formal site plan application (S 02/20), which was intended to implement the proposed development (see Submitted Site Plan, Attachment #2, and Original Submitted Rendering, Attachment #3). On January 25, 2021, City Council enacted By-law 7810/21, which granted site-specific exemptions to permit the construction of a 26-storey residential condominium building consisting of 302 units as reflected in the site plan application. The implementing by-law included a maximum height requirement of 78 metres (26-storeys), and a minimum parking ratio of 0.71 parking spaces per dwelling unit for residents and 0.15 parking spaces per dwelling unit for visitors. Following Council’s enactment of By-law 7810/21 and through the detailed review of the architectural drawings, the applicant was able to find efficiencies in the design of the building by slightly redistributing ceiling heights throughout the building and marginally increasing the overall building height from 78 metres (26-storeys) to 79.5 metres (27-storeys). This change allows the applicant to accommodate an additional 10 residential units for a total of 312 apartment units (see Revised Rendering, Attachment #4). When By-law 7810/21 was drafted, staff and the applicant inadvertently overlooked providing a site-specific amendment to grant an exemption to Section 4.2 j) ii) of the City Centre Zoning By-law 7553/17, which requires a minimum 3.0 metre stepback in the main wall of the point tower, between the top 6.0 metres and 18.0 metres, for building equal to and greater than 73.5 metres in height. No changes have been made to the siting of the building. Therefore, the applicant is requesting this additional variance be included to address the missing provision. Report PLN 22-21 April 26, 2021 Subject: Universal City Six Developments Inc. Page 3 3. Minor Variance Application P/CA 21/21, Universal City Six Developments Inc. On March 10, 2021, the applicant submitted Minor Variance Application P/CA 21/21 requesting the following variances: • to permit a maximum building height of 79.5 metres (27-storeys); whereas Zoning By-law 7553/17, as amended by By-law 7810/21, requires a maximum building height of 78.0 metres (26-storeys); and • to permit a 0.0 metre stepback between the top 6.0 metres and 18.0 metres of a point tower for buildings equal to and greater than 73.5 metres; whereas Zoning By-law 7553/17 requires a minimum 3.0 metre stepback between the top 6.0 metres and 18.0 metres of a point tower for buildings equal to and greater than 73.5 metres. 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. 4. Requested Variances Result in a Development that is consistent with the City Centre Urban Design Guidelines The subject property is within the City Centre Neighbourhood. City Centre has guidelines to provide direction on the design of new development within the City Centre. The applicant is proposing a signature building that provides a gateway condition with increased heights, massing and high-quality architectural design at the corner of Sandy Beach Road and Bayly Street. This site has been identified as a gateway location and is appropriate for increased building heights. For tall buildings, the Guidelines recommend the top of towers to be attractively designed using setbacks, articulation, and other means to contribute positively to the skyline. The applicant is proposing a high-quality architectural design of the building, including the upper storeys of the point tower, by creating a waved design of balconies and canopies to create a bold entry point into the City Centre. The proposal is consistent with the building design objectives of the City Centre Urban Design Guidelines. 5. Minor Increase in Building Height will not Create any other Non-compliances with the City Centre Zoning By-law 7553/17 The City Centre Zoning By-law 7553/17, as amended by By-law 7810/21, requires a minimum parking ratio of 0.71 parking spaces per dwelling unit and 0.15 visitor parking spaces per dwelling unit. The applicant is proposing to provide a total of 269 parking spaces for Universal City Phase Six by reconfiguring the underground parking to accommodate an additional 9 vehicular parking spaces for the 10 additional residential units. The applicant has indicated that the original configuration of the 3-level underground parking structure was located outside of the 10.0 metres by 10.0 metres Region’s daylighting triangle at the intersection of Bayly Street and Sandy Beach Road. After discussions with the Region of Durham Works Department, it was determined that parking on levels P2 and P3 of the underground parking garage can be located within Report PLN 22-21 April 26, 2021 Subject: Universal City Six Developments Inc. Page 4 this daylight triangle, subject to the applicant entering into a stratification agreement with the Region of Durham. As a result, the applicant has redesigned the 3-level underground parking to accommodate the additional parking. In addition to minimum vehicle parking requirements, the City Centre Zoning By-law has minimum requirements for indoor and outdoor amenity spaces and bicycle parking. The applicant has indicated that the additional 10 dwelling units will require 5 bicycle parking spaces, and 40 square metres of indoor and outdoor amenity space, which can all be provided on-site. The additional 10 residential units will not require any further exceptions to the City Centre Zoning By-law 7553/17. As noted above, when drafting the site-specific exception, staff and the applicant overlooked the zoning requirement for point tower stepbacks for tall buildings within the City Centre Zoning By-law. This requested variance does not represent a change in the architectural design of the building as previously presented to the Planning & Development Committee on December 7, 2020, which has always shown the siting of the building in its current design and did not include stepbacks at the upper levels. Staff are supportive of granting relief from Section 4.2 j) ii) of the City Centre Zoning By-law 7553/17, requiring a minimum 3.0 metre stepback in the main wall of the point tower between the top 6.0 metres and 18.0 metres for buildings equal to and greater than 73.5 metres in height. 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 21/21, submitted by Universal City Six Developments Inc. as a result of further processing of the site plan or building permit applications, to be considered by the Committee of Adjustment. Attachments: 1. Location Map 2. Submitted Site Plan 3. Original Submitted Rendering 4. Revised Rendering Report PLN 22-21 April 26, 2021 Subject: Universal City Six Developments Inc. Page 5 Prepared By: Tanjot Bal, MCIP, RPP Planner II Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Catherine Rose, MCIP, RPP Chief Planner Kyle Bentley, P. Eng. Director, City Development & CBO TB:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer   aaPickering P ar k w a y Highway 4 0 1 Bayly Street Poprad Av e n u eTatra A v e nu e Kr o s n o B o u le va rd Rey t a n B o u le va rd Morden L a n e oad Dr i ve Fordon SubjectProperty Drava Street Bayview HeightsPublic SchoolMitchelPark hRSndyBeacAlli nce Road Location MapFile No: P/CA 21/21Applicant: Universal City Six Developments Inc. City Development Property Description: Part of Lot 21, Concession 1 South, Now Part 2 Department 40R-18785 (1010 Sandy Beach Road) Date: Mar 30, 2021 © 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, Department of Natural Resources. All rights reserved.; SCALE: 1:4,000© Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; THIS IS NOT A PLAN OF SURVEY. L:\PLANNING\01-MapFiles\A\2020\A 01-20 Universal City (Phase 6)\A01_20_LocationMap.mxd Attachment #1 to Report #PLN 22-21 Attachment #2 to Report #PLN 22-21 N City Development Department Submitted Site Plan File No: S 02/20 Applicant: Universal City Six Developments Inc. Property Description: Part of Lot 21, Concession 1 South, Now Part 2, 40R-18785 (1010 Sandy Beach Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Mar 30, 2021 L:\Planning\01-MapFiles\A\2020 City Development Department Original Submitted Rendering File No: S 02/20 Applicant: Universal City Six Developments Inc. Property Description: Part of Lot 21, Concession 1 South, Now Part 2, 40R-18785 (1010 Sandy Beach Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Mar 30, 2021 L:\Planning\01-MapFiles\A\2020 Attachment #3 to Report #PLN 22-21 L:\Planning\01-MapFiles\S\2020 Mar 30, 2021DATE: Applicant: Property Description: File No: Revised Rendering FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department S 02/20 Universal City Six Development Inc. Part of Lot 21, Concession 1 South, Now Part 2, 40R-18785 (1010 Sandy Beach Road) Attachment #4 to Report #PLN 22-21