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PLN 17-22
Report to Planning & Development Committee Report Number: PLN 17-22 Date: April 4, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) Recommendation: 1. That Zoning By-law Amendment Application A 11/21, submitted by Universal City Seven Developments Inc., to permit a 37-storey residential condominium building with approximately 482 residential units at the southwest corner of Sandy Beach Road and future Celebration Drive be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 17-22, be finalized and forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 11/21, to amend City Centre Zoning By-law 7553/17, as amended, to remove the “H6” Holding Symbol on lands being Part of Lot 21, Concession 1, Now Part 3 40R-30834, as set out in Appendix II to Report PLN 17-22, be finalized and forwarded to Council for enactment; 3. That prior to issuing Site Plan Approval, Universal City Seven Developments Inc. shall satisf y the City with a letter from the H6 Landowners’ Group acknowledging that the Owner has either entered into the Universal City Infrastructure Agreement and Cost Sharing Agreement, or the Owner has satisfied all financial obligations under the said Universal City Infrastructure Agreement and Cost Sharing Agreement; and 4. 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 permits the Committee of Adjustment to consider minor variance applications resulting from the processing of future site plan or building permit applications submitted by Universal City Seven Developments Inc., for the lands municipally know as Part of Lot 21, Concession 1, Now Part 3 40R-30834, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Executive Summary: Universal City Seven Developments Inc. has submitted a Zoning By-law Amendment application to facilitate the construction of the 37-storey residential condominium building, consisting of 482 dwelling units, located at the southwest corner of Sandy Beach Road and future Celebration Drive (see Location Map, Attachment #1). Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 2 Following the Statutory Public Meeting, the applicant made the following refinements to the proposal: slightly increased the total number of dwelling units from 472 to 482 units; relocated the stairs and air vents associated with the underground parking garage from the front yard to the interior side yard; proposed a site-specific zoning exception to permit a fence for noise attenuation purposes to exceed the maximum podium height of 20 metres; and proposed a site-specific zoning exception to marginally reduce the minimum indoor amenity space requirement from 2.0 square metres to 1.9 square metres per dwelling unit. In addition, through collaboration between the applicant and City staff, the applicant has increased the size of the privately-owned public space (POPS) from 213 square metres to 605 square metres, which is 11 percent of the total land area. The POPS will front future Celebration Drive and will be accessible to residents, visitors and members of the public. City Development staff are in support of the revised plan. The proposal conforms to the City’s Official Plan policies and density requirements. The proposed tower maintains a sufficient separation distance between adjacent towers, to ensure outlook, daylight access and privacy is maintained for residents of all buildings. The proposed increase in building height is not expected to have a significant shadow impact on the surrounding residential properties, or on the proposed public and private amenity spaces on site. The proposed architectural treatment of the building incorporates a wave articulation creating a signature design located at a key point of entry into the Universal City development. Staff will continue to work with the applicant to address any outstanding technical requirements through the Site Plan Approval process. Further, all conditions required for the removal of the “H6” Holding Symbol that applies to the subject property have been addressed to the satisfaction of the City of Pickering. Staff recommend that the “H6” Holding Symbol be lifted. In addition, staff recommend that Site Plan Approval for the proposed development only be issued upon the City receiving confirmation from the trustee of the H6 Landowners’ Group that Universal City Seven Developments Inc. has entered into the Universal City Infrastructure Agreement and Cost Sharing Agreement, which is a condition of the “H6” Holding Symbol. The proposed development will be subject to site plan approval, in which detailed design issues will be dealt with. Through the detailed design stage, minor refinements to the proposed building may be required. As such, staff recommend that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act to permit minor variance applications to be considered by the Committee of Adjustment, resulting from the processing of future site plan or building permit applications, within 2 years of the passing the zoning by-law. Staff recommend that the site-specific implementing by-law, containing the standards set out in Appendix I to this report, be finalized and brought before Council for enactment. Staff recommend that the draft by-law to remove the “H6” Holding Symbol that applies to the subject site, as set out in Appendix II to this report, be finalized and brought forward to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 3 1. Background 1.1 Property Description The subject property is located north of Bayly Street, at the southwest corner of Sandy Beach Road and future Celebration Drive within the City Centre (see Location Map, Attachment #1). The site has an area of approximately 0.52 of a hectare, with approximately 45 metres of frontage along Sandy Beach Road and approximately 49 metres of frontage along future Celebration Drive. The site currently contains a surface parking lot that was formerly owned by Metrolinx to serve the Pickering GO Station. The surrounding land uses are as follows (see Air Photo Map, Attachment #2): North: Across future Celebration Drive is a surface parking lot owned by Metrolinx, which is currently being used for the Pickering GO Station. South: Immediately to the south is Universal City 6, with a building height of 27 storeys. An application for Site Plan Approval is currently under review, and final site plan approval is anticipated to be issued in the first quarter of 2022. East: Across Sandy Beach Road is an industrial building occupied by FedEx and further east are multi-tenant industrial buildings. West: To the west are Universal City 1, 2, and 3, with building heights ranging between 17 and 31 storeys. Site Plan Approval for Universal City 1 was granted in December 2020 and construction is now underway. Site Plan Approval for Universal City 2 was issued on March 3, 2022. A conditional building permit was previously issued for Universal City 2 to commence construction of footings, foundation and slab on grade, under slab and garage roof slab, above-grade structural walls and floor slabs, including plumbing within and below the parking garage. An application for Site Plan Approval has been submitted for Universal City 3, and final site plan approval is anticipated to be issued in the first quarter of 2022. 2. Applicant’s Proposal The applicant has applied for a Zoning By-law Amendment to facilitate the construction of a 37-storey residential condominium building with a 4-storey podium (see Submitted Conceptual Site Plan, Attachment #3, and Submitted Conceptual Renderings, Attachments #4, #5 and #6). Following the Statutory Public Meeting, the applicant made the following refinements to the proposal: • slightly increased the total number of dwelling units from 472 units to 482 units; • relocated the stairs and air vents associated with the underground parking garage from the front yard to the interior side yard; • proposed a site-specific zoning exception to permit a wall or fence for noise attenuation purposes to exceed the maximum podium height of 20 metres; and Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 4 • proposed a site-specific zoning exception to marginally reduce the minimum indoor amenity space requirement from 2.0 square metres to 1.9 square metres per dwelling unit. In addition, through collaboration between the applicant and City staff, the applicant has increased the size of the outdoor at grade privately-owned public space (POPS) from 213 square metres to 605 square metres, which represents approximately 11 percent of the total land area. The POPS is located at the northwest corner of the site, fronting future Celebration Drive. The POPS will be publicly accessible to all residents, visitors and members of the public, but will be maintained and owned by the condominium corporation. This proposal will form Phase 7 of the Universal City development (see Universal City Master Plan, Attachment #7). The purpose of the zoning by-law amendment is to permit an increase to the maximum building height from 25 storeys to 37 storeys, and to permit other minor exceptions to the required zoning standards. Indoor amenity areas are provided within the ground floor, as well as an outdoor amenity area located at grade within the southern portion of the site and along the east property boundary. On Levels 2, 3 and 5, the applicant is proposing to include green roofs for environmental sustainability and stormwater management purposes. Additional indoor and outdoor amenity spaces are proposed on the fifth floor, including an outdoor swimming pool. Vehicular access to and from the site is proposed through a private driveway from future Celebration Drive. The private driveway provides access to the main pedestrian entrance located on the west side of the building, the surface visitor parking spaces, loading area, and entrance to the underground parking garage. Attachment #8 to this report summarizes the key statistical details of the proposal. This development will be subject to site plan approval. 3. Comments Received 3.1 January 10, 2022 Electronic Statutory Public Meeting and Written Comments An electronic Statutory Public Meeting was held on January 10, 2022. No residents spoke at the meeting. Before the public meeting, the City received 4 written comments from the public. The following is a list of key comments and concerns expressed by area residents in written submissions: • concerned with the proposed reduction of the minimum residential parking ratio, stating that because the area is under-serviced by public transit, and cycling is not a safe option, most residents will choose to drive and vehicle parking will overflow onto the GO Transit parking lots and adjacent residential streets; • in light of COVID-19, concerned that high-density structures impair the ability for independently supplied air and certifiable air purification in congregant spaces, specifically in elevators and stairwells; Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 5 • concerned that the proposed increase to the maximum building height will result in privacy and overlook issues; • concerned with an increase in traffic as a result of the proposed development; and • requested the provision of temporary sound barrier walls to mitigate noise impact during construction. Key questions/comments raised by members of the Planning & Development Committee at the electronic Statutory Public Meeting include: • explore opportunities to provide a larger at-grade amenity space for future residents and the public, to accommodate outdoor activities such as pickle ball courts; • explore opportunities to make the proposed green roofs accessible to future residents for activities such as walking their dogs; • ensure sufficient commercial/retail space is being provided within the Universal City development and questioned what type of commercial/retail businesses are expected to serve future residents, visitors and the public; and • explore opportunities for designated parking spots for ride share companies to be included in the proposal. 3.2 Agency Comments 3.2.1 Region of Durham • no objections; • this application has demonstrated consistency and conformity with the applicable Provincial and Regional land use policies; • the applicant is required to submit a Record of Site Condition through the Ministry of the Environment, Conservation and Parks; • the Region will require an acknowledgement letter from the Ministry noting that the Record of Site Condition was filed into the Environmental Site Registry; and • this development application does not present any significant impacts from the perspectives of Regional servicing, transportation, and Durham Region Transit. 3.2.2 Toronto and Region Conservation Authority (TRCA) • no objections; and • the zoning by-law amendment is seeking amendments, which do not impact the TRCA’s policies or programs. 3.2.3 Durham Regional Police, Radio Systems – Communications • construction within the boundaries of the subject property will pose no immediate obstruction issue for the Region’s NextGen radio system and associated microwave links; • in-building radio coverage for First Responders may be an issue in the future if larger buildings are constructed on the subject property; and • larger and newly constructed buildings will have to be tested for in-building coverage once the buildings are completed. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 6 3.2.4 Ministry of Transportation (MTO) • no concerns; and • all MTO Building and Land Use Permits must be applied for prior to construction. 3.2.5 Durham Catholic District School Board • no objections; and • students from this development will attend either Father Fenelon Catholic Elementary School located at 795 Eyer Drive, or St. Mary Catholic Secondary School located at 1918 Whites Road in the City of Pickering. 3.2.6 Durham District School Board • no objections; and • students generated from this development will be accommodated in neighbourhood schools. 3.3 Comments from City Departments 3.3.1 Engineering Services • no objections to the proposed zoning by-law amendment application; and • technical matters related to grading, drainage, servicing, and landscaping will be addressed through the site plan approval process. 3.3.2 Sustainability • the submitted Revised Sustainable Development Report indicates the proposed development satisfies the required points, and achieves Level 2 with 46 optional points of the City’s current Sustainable Development Guidelines, which exceeds the required minimum of Level 1; • the applicant proposes the following optional sustainability measures to achieve Level 2 of the City’s Sustainable Development Guidelines: • integrating innovative elements (for example rainwater re-use); • use of native plant species for at least 50 percent of the landscaped area; • intensification within an Urban Growth Centre; • walkability; • location in proximity to higher-order transit facilities; • integrates greywater and/or stormwater systems to capture and reuse at least 25 percent of stormwater; and • heat island reduction through use of highly reflective roofing; • staff will be requesting further details from the proponent to confirm how the proposed sustainability measures have been, or will be, met through the site plan review process. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 7 4. Planning Analysis 4.1 The proposed development conforms to the Pickering Official Plan Policies The subject lands are designated “Mixed Use Areas – City Centre” within the Pickering Official Plan. This designation permits high-density residential uses, retailing of goods and services, offices and restaurants, hotels, convention centres, community, cultural and recreational uses, community gardens and farmers’ markets. The designation permits a minimum net residential density of 80 units per hectare and no maximum density; a maximum gross leasable floorspace for the retailing of goods and services of up to and including 300,000 square metres; and a maximum Floor Space Index of over 0.75 and up to and including 5.75. The City Centre Neighbourhood includes specific policies with respect to enhancements to the public realm; active uses at grade; performance criteria for tall buildings to minimize adverse impacts concerning shadowing, sky view, privacy, and transition to established low-density development; and pedestrian network and mobility. The proposed development contributes to the transformation of the City Centre into a more liveable, walkable and human-scaled neighbourhood by providing features such as: a publicly accessible park where people can gather; enhanced landscaping along Sandy Beach Road and future Celebration Drive; and pedestrian accesses to the site, indoor and outdoor amenity areas and the residential units at grade. In addition, the proposed tower provides adequate stepbacks and podium height to help create a human scale at street level and reduce shadow impacts. The tower provides sufficient spacing between adjacent buildings to ensure views and privacy for residents is maintained, and to minimize any shadowing and wind tunnel impacts on adjacent development, streets and public spaces. The proposal conforms to the policies within the Pickering Official Plan. 4.2 The requested increase in building height is consistent with the approved City Centre Urban Design Guidelines The applicant is proposing to increase the maximum building height from 77 metres (approximately 25 storeys) to 117 metres (37 storeys). The City Centre Urban Design Guidelines provide design direction for intensification, to guide buildings and private development. The proposed 37-storey residential building maintains the key urban design objections of the Guidelines by: • locating the building along the street edge and at the corner of the property to create an active and attractive streetscape; • providing a high-quality architectural design at the key intersection of Sandy Beach Road and future Celebration Drive; • articulating the building face through recessions, projections and change of materials; • providing appropriate screening and buffering through landscaping for the residential units at grade; Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 8 • providing sufficient separation distances between adjacent towers, to ensure outlook, daylight access and privacy for residents; • locating the tower portion of the building closer to the street corner, which provides greater separation from adjacent towers and allows for greater infiltration of light onto the amenity areas; • creating weather protection at the building main entrance and for pedestrians along Sandy Beach Road and future Celebration Drive through architectural design (waved design of balconies and awnings); • locating surface parking and loading spaces within the interior side yard of the building, and waste and recycling facilities within the building; • providing short-term bicycle parking at grade and close to the building main entrance, as well as bicycle parking within the building and underground parking garage; • designing the building with a defined base, middle and top sections to emphasize human-scale dimensions, reduce the appearance of bulk and create an interesting skyline; and • providing outdoor amenity spaces at grade and green roofs, resulting in the site having approximately 38 percent landscaped coverage. The intersection of Sandy Beach Road and future Celebration Drive acts as a key community gateway, providing a point of entry into the Universal City development. The combination of the proposed building height and the high-quality architectural design will ensure a visually prominent building that creates a distinct street corner. The City Centre Neighbourhood policies encourage the highest of buildings to locate on sites along or in proximity to Highway 401 and higher-order transit stations. The site is located within approximately 200 metres of Highway 401, and 500 metres of the Pickering GO Station and 7 Durham Region Transit bus stops. The tower portion of the proposed building maintains a minimum separation distance of approximately 50 metres to the adjacent tower to the west (Universal City 2), and 47 metres to the tower to the south (Universal City 6), which will ensure outlook, daylight access and privacy is maintained for residents of all the buildings. In addition, based on the submitted shadow study, the proposed building is not expected to cast shadows beyond Bayly Street, and will therefore not impact the low-density residential dwellings located on the south side of Bayly Street. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 9 An area resident expressed concerns related to privacy and overlook affecting the low- density residential dwellings to the south, as a result of the proposed increase to the maximum building height. In response to these comments, the applicant has provided a pedestrian view of the proposed building from the south side of Bayly Street, where the existing low-density dwellings are located (see Figure 1). The view of the proposed 37-storey building will be substantially blocked by UC 6. The additional building height will not be visible to the average pedestrian standing on the south side of Bayly Street. In addition, the applicant has indicated that the building has been located towards the northern edge of the property, to achieve the largest separation distance between the high-density development and the low-density dwellings (approximately 100 metres). Staff support the applicant’s request to increase the maximum building height. Through the site plan review process, staff will continue to ensure the site design and architectural treatment of the building is consistent with the City Centre Urban Design Guidelines. Figure 1: View of the proposed building from the south side of Bayly Street 4.3 Adequate parking is provided for the future residents of Universal City 7 The proposed development includes a total of 321 residential parking spaces and 73 visitor spaces. The City Centre Zoning By-law requires a minimum of 0.8 spaces per dwelling unit and an additional 0.15 spaces per dwelling unit for visitors. The applicant is requesting to amend the residential parking rate from 0.8 spaces to 0.65 spaces per dwelling unit, which is a reduction in the required parking by 65 spaces. The proposal also includes 242 indoor and outdoor bicycle parking spaces, and is close to the Pickering GO Station (approximate 9-minute walk) and at least 7 Durham Region Transit bus stops. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 10 To support the proposed reduction in residential parking, the applicant has submitted a Transportation Brief, prepared by BA Group. The Brief identified that the proposed reduction is appropriate, for the following reasons: • the reduction is based on the parking sales trend observed for Universal City 1, 2 and 3, which saw an overall parking demand of 0.71 spaces per unit, and to date Universal City 6 has seen an overall parking demand of 0.58 spaces per unit; • recent residential buildings within the Greater Toronto Area have received parking reduction approvals when located in proximity to an existing transit hub; • the reduction is consistent with Ontario’s New Five Year Climate Change Action Plan, which supports reduced single-passenger vehicle trips, eliminating minimum parking requirements (especially in transit corridors), and supports cycling, walking and use of transit; • the proposed development has access to many non-automobile modes of travel, including the Pickering GO Train, GO Regional bus services and multiple Durham Region bus services; and • the implementation of sustainable Transportation Demand Management (TDM) measures for all Universal City phases, to reduce overall reliance on single- occupancy vehicles while promoting more active modes of transportation, by: • providing sidewalks and cycling routes along all new public and private streets within the project area, including along future Celebration Drive; • allowing purchasers to only pay for the amount of parking they require; and • advertising the different modes of transportation available (i.e., Go Transit, indoor bicycle lockers). In addition, the Durham Regional Official Plan (DROP) identifies the site as being within a Commuter Station Area for the Pickering GO Station. The DROP indicates that in support of existing and future transit services, development adjacent to transportation hubs shall provide for facilitates that support non-automobile modes of travel, including walkways, trails and other pedestrian and cycling facilities; limited surface parking; and the potential redevelopment of existing surface parking. During the statutory public meeting, Committee members encouraged the applicant to explore opportunities for designated parking spots for ride share companies to be included in the proposal. The applicant has indicated that opportunities to provide parking spaces for ride-share companies to benefit the entire Universal City development are being explored and will be dependent on a suitable ride-share company wanting to operate in the area. Staff support the applicant’s request to reduce the minimum parking ratio, which is consistent with the City Centre objective to create a pedestrian-focused neighbourhood and support alternative modes of travel. The applicant has also demonstrated the appropriateness of a reduced ratio through previous phases that have requested a reduced ratio, based on the demand for parking spaces. The proposed parking ratio is appropriate to accommodate the parking needs for this development. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 11 4.4 Requested site-specific zoning exemptions The subject lands are zoned “City Centre Two – CC2” within the City Centre By-law 7553/17, as amended. Uses permitted include a broad range of residential and non-residential uses, such as apartment dwellings, townhouse dwellings, commercial, office, retail, community, recreational and institutional uses. The City Centre Zoning By-law also includes various requirements for building setback, podium heights for tall buildings, size of the tower floor plate, building separation, building setbacks, landscaping, indoor and outdoor amenity requirements, and vehicular and bicycle parking. In addition to the applicant’s request to increase the maximum building height and reduce the residential parking rate, the applicant is also requesting the following technical site-specific exceptions: • remove the main wall stepback requirement, whereas the by-law requires a minimum main wall stepback of 3.0 metres between the top 6.0 and 18.0 metres of a point tower for buildings equal to and greater than 73.5 metres (approximately 24 storeys); • permit a minimum balcony size requirement of 4.0 square metres (see Figure 2 below), whereas the by-law requires a minimum balcony depth of 1.5 metres; Figure 2: Example of proposed waved balconies • slightly reduce the minimum required continuous length of a building along a street line from 60 percent of the street frontage to 55 percent; • reduce the minimum width requirement for a landscaped area between a surface parking area and an existing residential development from 3.0 metres wide to 0.6 metres wide; • slightly reduce the minimum indoor amenity space requirement from 2.0 square metres to 1.9 square metres per dwelling unit; and • permit structures used for noise attenuation to exceed the maximum podium height of 20.0 metres. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 12 The purpose of the exceptions to the main wall stepback and balcony depth requirement is to create a distinctive architectural design, which is achieved through a podium and tower stepback, and stepbacks on the upper floors. In addition, the tower features a waved balcony design which further articulates the building face. The purpose of reducing the length of the building along the street line is to maximize the size of the privately-owned public space fronting future Celebration Drive. The exception to the width of the landscaped area is required due to the irregular shape of the parcel, which creates a reduced landscaped area along the west property line between the surface parking on the site and the landscaped area on the adjacent Universal City 2 site. The slight reduction to the indoor amenity space is to accommodate a larger privately-owned outdoor public space on the site. The proposal includes 935 square metres of indoor amenity space, whereas the exception accounts for a reduction of 48.2 square metres of indoor amenity space. The purpose of the noise attenuation structures on the podium is to ensure a comfortable environment for residents using the outdoor amenity space located on the podium. Staff are supportive of the requested exceptions. 4.5 Proposed road network will adequately accommodate the traffic generated by the Universal City Master Plan In 2019, the applicant submitted a comprehensive Transportation Master Plan (TMP), prepared by BA Group, for the entire Universal City development, in support of the Universal City Precinct Plan. This Plan was approved by Council in December 2019. At the time, the subject site was owned by Metrolinx, and was not considered part of the Universal City development. As such, the TMP identified the site as Parcel I of adjacent Metrolinx lands, with an estimated residential development of 493 units. As part of this rezoning application, the applicant has submitted a Transportation Brief, prepared by BA Group, to revise the findings of the TMP to reflect the proposed development on the lands and to ensure the development will have no negative traffic impacts on the road network. Currently, the intersection of Bayly Street and Sandy Beach Road functions below capacity, and site-generated traffic volumes will require modest signal timing improvements in the future (increase signal timing during peak hours from 100 seconds to 120 seconds). The study anticipates that by 2037, the Universal City development will be fully built, along with Durham Live. To accommodate the anticipated traffic volumes, Bayly Street will need to be widened to 6 or 7 lanes. Staff are supportive of the recommended improvements, and have no concerns with the projected traffic generated by the proposed development. 4.6 Enlarged privately-owned public space to be provided on-site At the statutory public meeting, Committee members requested that the applicant explore opportunities to provide a larger at-grade amenity space for future residents and the public. Through collaboration between the applicant and City staff, the applicant has revised the proposal to increase the at-grade green space from 213 square metres to 605 square metres, representing 11 percent of the total site area. The privately-owned Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 13 public space (POPS) is located at the northwest corner of the site, fronting future Celebration Drive, and will be publicly accessible to residents, visitors and members of the public. Programming and detailed design of the POPS will be confirmed through the site plan review process. However, the applicant has prepared a preliminary conceptual plan for the space (see Figure 3 below). In addition, the applicant will be providing cash-in-lieu of parkland to satisfy parkland dedication requirements within the Planning Act. Figure 3: Submitted Conceptual Park Plan In addition, the Universal City Master Plan includes a 1,450 square metre public piazza to be conveyed to the City for future residents of the Universal City development, located north of future Celebration Drive. The plan below (Figure 4) shows the location of the POPS in relation to the proposed public piazza. In addition, each building within the Universal City Development will have dedicated outdoor and indoor amenity areas, including outdoor pools, party rooms, and green roofs. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 14 Figure 4: Proposed parkland within the Universal City Development During the statutory public meeting, Committee members encouraged the applicant to explore opportunities to make the proposed green roofs accessible to future residents. The applicant has indicated that the purpose of the green roofs is for environmental sustainability and to form part of the building’s stormwater management facilities. As such, the green roofs are unable to be accessible to residents. 4.7 Sufficient commercial space will be provided for residents within the Universal City development At the statutory public meeting, Committee members requested confirmation that there is sufficient commercial/retail space provided within the Universal City development to serve future residents, visitors and the public. The proposed development does not include commercial space on site. Universal City 1, 2 and 3 include a total of approximately 948 square metres of grade-related commercial space. Within Universal City 4 and 5, 842 square metres of grade-related commercial space is proposed, resulting in a total of approximately 1,790 square metres of commercial/retail space within the entire Universal City development. The applicant has indicated that the commercial space is located in proximity to the proposed public piazza, in order to ensure the commercial uses are viable and will have the best exposure to all residents within the overall development. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 15 In addition, Committee members questioned what type of commercial/retail businesses are expected to operate within the Universal City development. The applicant has indicated that though commercial tenants cannot be confirmed until closer to occupancy dates, it is the applicant’s intent to secure the largest range of commercial tenants to benefit future residents. Staff are satisfied that sufficient commercial space will be provided within the Universal City development to provide convenient services for future residents, visitors and the public. 4.8 The building’s heating, ventilation and air conditioning system (HVAC) system will comply with all applicable regulations within the Ontario Building Code An area resident expressed concerns related to high-density structures impairing the ability for independently supplied air and certifiable air purification in congregant spaces, specifically in elevators and stairwells. The applicant has indicated that the proposed HVAC system for the building will comply with all applicable regulations within the Ontario Building Code, to ensure the supplied air and air purification within the building is acceptable. 4.9 Exemption to the 2 year time-out period for minor variance applications 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. The proposed development will be subject to site plan approval, in which detailed design issues will be dealt with. This includes matters such as, but not limited to: refining building design and materials; finalizing landscaping; controlling drainage and grading; and detailing site servicing. Through the detailed design stage, minor refinements to the proposed building may be required. As such, staff recommend that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act to permit minor variance applications to be considered by the Committee of Adjustment resulting from the processing of future site plan or building permit applications. 4.10 Conditions of the “H6” Holding Symbol are satisfied Within the City Centre By-law 7553/17, as amended, the site is subject to an “H6” Holding Symbol, which requires the following conditions to be satisfied before the holding symbol is lifted: • a block development plan (also referred to as a Precinct Plan), approved by City Council, has been prepared to demonstrate the orderly development of the lands providing details regarding such matters as: street and block pattern; pedestrian, Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 16 landscape and open space connections; parking strategy; community uses such as parks, community centres and other public uses; conservation and enhancement of natural features; public and private street right-of-way design; and phasing of the proposed development; • a comprehensive transportation study has been conducted to assess the impact on the transportation system and appropriate road infrastructure is in place to support the development of the lands; • cost-sharing agreements for matters such as community uses, public parks, municipal roads and infrastructure, are made between the participating landowners; • an Environmental Impact Study and a detailed engineering design and restoration plan for the rehabilitation of the Krosno Creek valley corridor has been completed to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority; and • the execution of an Agreement to ensure that the restored and rehabilitated Krosno Creek valley corridor, to include 6.0 metres from the long-term stable top of bank, will be conveyed into public ownership upon completion of the works, to the satisfaction of the City of Pickering. As part of this rezoning application, the applicant is requesting to remove the “H6” Holding Symbol that applies to the property. The conditions of the “H6” Holding Symbol have been addressed by the applicant, as follows: • City Council approved the Universal City Precinct Plan, prepared by Weston Consulting, in December of 2019; • a comprehensive Transportation Master Plan, prepared by BA Group, was submitted to the City for the entire Universal City development, in support of the Universal City Precinct Plan; the Precinct Plan was received and accepted by the Region of Durham and the City as part of the Universal City Precinct Plan review; • the applicant has provided confirmation from the trustee of the H6 Landowners’ Group that Universal City Seven Developments Inc. has initiated the process to be added as a party to the Universal City Infrastructure Agreement and Cost Sharing Agreement, and that the trustee does not object to the “H6” Holding Symbol being lifted; • a Scoped Environmental Impact Study, prepared by Savanta Inc., which assessed the potential impacts of the proposed development on the natural heritage features and associated functions, has been received and accepted by the Toronto and Region Conservation Authority (TRCA) and the City as part of the Universal City Precinct Plan review; • detailed engineering design and restoration plans for the rehabilitation of the Krosno Creek valley corridor, prepared by Geomorfix and Schaeffers, has been reviewed and approved by the TRCA and the City; and • the executed Master Development Agreement secures for the conveyance of the Krosno Creek valley corridor prior to issuance of site plan approval for Universal City 3 and 4. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 17 All of the conditions required for the removal of the “H6” Holding Symbol from the subject site have been addressed to the satisfaction of the City of Pickering. Staff recommend that the “H6” Holding Symbol that applies to the property be lifted. In addition, staff recommend that Site Plan Approval for the proposed development only be issued upon the City receiving written confirmation from the trustee of the H6 Landowners’ Group that Universal City Seven Developments Inc. has become a party to the Universal City Infrastructure Agreement and the Cost Sharing Agreement, or has satisfied all financial obligations under the said Universal City Infrastructure Agreement and Cost Sharing Agreement. 4.11 Technical matters will be addressed through site plan approval Detailed design issues will be dealt with through the site plan approval process. These requirements will address matters such as, but not limited to: • refining building design and materials; • finalizing landscaping; • detailed design of the privately-owned public space; • requiring construction management/erosion and sediment controls; • controlling drainage and grading; and • detailing site servicing. 5. Zoning By-law to be finalized and forwarded to Council for enactment The applicant is requesting site-specific exceptions to facilitate the development of a high-density residential condominium building. Staff support the rezoning application and recommend that By-law 7553/17 be amended to permit the site-specific exceptions. Staff recommend that the site-specific implementing by-law, containing the standards set out in Appendix I to this report, be finalized and brought before Council for enactment. As discussed in Section 4.10 of this report, staff support the request to remove the “H6” Holding Symbol, and recommend that the draft by-law to remove the “H6” Holding Symbol that applies to the property, as set out in Appendix II to this report, be finalized and brought forward to Council for enactment. Further, staff recommend that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act to permit minor variance applications to be considered by the Committee of Adjustment resulting from the processing of future site plan or building permit applications. 6. Applicant’s Comments The applicant has been advised of and concurs with the recommendations of this report. Report PLN 17-22 April 4, 2022 Subject: Universal City Seven Developments Inc. Page 18 Appendices Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 11/21 Appendix II Recommended Draft Zoning By-law to Remove the “H6” Holding Symbol A 11/21 Attachments: 1. Location Map 2. Air Photo Map 3. Submitted Conceptual Site Plan 4. Submitted Conceptual Rendering – Facing Southwest 5. Submitted Conceptual Rendering – Facing Northwest 6. Submitted Conceptual Rendering – North Podium Face 7. Universal City Master Plan 8. Summary of Key Details of Proposal Prepared By: Original Signed By Isabel Lima (Acting) 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 IL:NS:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 17-22 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 11/21 The Corporation of the City of Pickering Draft By-law No. XXXX/22 Being a By-law to amend Zoning By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 21, Concession 1, Now Part 3 40R-30834, in the City of Pickering (A 11/21) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a high-density residential condominium building on lands being Part of Lot 21, Concession 1, Now Part 3 40R-30834, City of Pickering; And whereas an amendment to By-law 7553/17, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 6, Exceptions, and Schedule 7 of Zoning By-law 7553/17, as amended, is further amended by adding a new Exception E16 as follows: 6.16.1 Zone Provisions The following regulations apply: a) Notwithstanding Section 4.2 b) ii) and Schedule 5, related to Maximum Building Height, the height of a building or structure shall not exceed a building height of 117 metres (37-storeys). b) Notwithstanding Section 3.1, Table 1, related to Parking Space Requirements, the minimum parking ratio shall be 0.65 parking spaces per apartment dwelling unit for residents, and 0.15 parking spaces per apartment dwelling unit for visitors. c) Notwithstanding Section 4.2 j) i) and ii) related to Minimum Main Wall Stepback for Buildings greater than 37.5 metres and buildings equal to and greater than 73.5 metres, the minimum main wall stepback shall not apply. d) Notwithstanding Section 4.2 k) i) related to Balcony Requirements, the minimum area of a balcony is 4 square metres. e) Notwithstanding Section 4.2 l), related to Continuous Length of Buildings along a Street Line, a minimum 55 percent of the street frontage of a lot along Celebration Drive must be occupied by a building. f) Notwithstanding Section 3.7 b), related to Surface Parking Spaces, a minimum 0.6 metre wide landscaped area shall be required and permanently maintained between the west lot line and the parking spaces or aisles. g) Notwithstanding Section 4.2 o) i) related to Amenity Space Requirements for Apartment Dwellings, a minimum of 1.9 square metres of indoor amenity space is required per apartment dwelling unit. h) Notwithstanding Section 4.2 f) ii) related to Podium Requirements for Buildings greater than 37.5 metres, structures on the podium for noise attenuation purposes may exceed the maximum podium height of 20.0 metres. By-law No. XXXX/22 Page 2 2. Schedule 7, Exceptions, of Zoning By-law 7553/17, as amended, is further amended by adding an E16 notation as depicted on Schedule I to this By-law. 3. That By-law 7553/17, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7553/17, as amended. 4. That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2022. ___________________________________ ___________________________________ Draft David Ryan, Mayor Draft Susan Cassel, City Clerk Bayly Street Sa n d y B e a c h R o a d Alliance Road Reytan Boulevard Clerk Mayor Schedule I to By-LawPassed ThisDay of N XXXX/22XXth XXXX 2022 E16 Highway 401 Kros n o B o u l e v a r d Appendix II to Report PLN 17-22 Recommended Draft Zoning By-law to Remove the “H6” Holding Symbol A 11/21 The Corporation of the City of Pickering Draft By-law No. XXXX/22 Being a By-law to amend Zoning By-law 7553/17, as amended, to remove the holding provision “H6” (A 11/21) W hereas Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, permits a Council to pass a by-law prohibiting the use of land, buildings or structures within a defined area or areas; Whereas Section 36 of the Planning Act, R.S.O. 1990, c.P.13, as amended, permits a Council to pass a by-law to specify the use to which lands, buildings or structures may be put at such time in the future as the hold symbol is removed by amendment to the by-law; Whereas Zoning By-law 7553/17 is the governing By-law of The Corporation of the City of Pickering pertaining to the subject lands; Whereas the Council of the Corporation of the City of Pickering has deemed it advisable to amend Zoning By-law 7553/17; Whereas it has been confirmed to Council that all of the conditions required for the removal of the H6 Holding Symbol from the subject lands have been addressed to the satisfaction of the City; and Now therefore the Council of The Corporation of the City of Pickering enacts as follows: 1. That By-law 7553/17 is hereby further amended as follows: 1.1 Schedule 8 of By-law 7553/17, as amended, is further amended by removing the “H6” Holding symbol for the lands outlined on Schedule I attached hereto. 2. That By-law 7553/17, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7553/17, as amended. 3. That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2022. ___D___raft_____ ________________________ _______________________ David Ryan, Mayor Susan Cassel, City Clerk D___raft________ _ Bayly Street Sa n d y B e a c h R o a d Highway 401 Poprad Avenue Alliance Road Reytan Boulevard Clerk Mayor Schedule I to By-LawPassed ThisDay of N XXXX/22XXth XXXX 2022 RemoveH6HoldSymbol 66m 78 m 78 m 66m Kros n o B o u l e v a r d H6 H6 Attachment #1 to Report #PLN 17-22 K r o s n o B o u l e v a r d Drava Street Bayly Street R e y t a n B o u l e v a r d Tatra Dri ve Sa n d y B e a c h R o a d Morden Lan e G l e n a n n a R o a d Poprad A v e n u e Pickering Park w a y Al l i a n c e R o a d Fordon A ve n u e Highway 401 MitchelPark City DevelopmentDepartment Location MapFile:Applicant:Property Description: A 11/21 Date: Mar. 11, 2022 Universal City Seven Developments Inc Future Celebration Drive Part of Lot 21, Concession 1, Now Part 3 40R-30834 SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 11-21 - UC7\A11_21_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. Bayview HeightsPublic School Sa n d y B e a c h R o a d Al l i a n c e R o a d Attachment #2 to Report #PLN 17-22 Tatra Drive Regan Place K r o s n o B o u l e v a r d R e y t a n B o u l e v a r d D r a v a Street Sandy Beac h Roa d Morden Lan e Bayly Street Al l i a n c e R o a d G l e n a n n a R o a d Pickering Park w a y Garvolin Avenue Poprad Avenue Fordon Avenue Highway 401 Air Photo MapFile:Applicant: Date: Mar. 11, 2022 L:\PLANNING\01-MapFiles\A\2021\A 11-21 - UC7\A11_21_AirPhoto.mxd 1:5,000 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 SubjectLands A 11/21Universal City Seven Developments IncPart of Lot 21, Concession 1, Now Part 3 40R-30834Property Description: Celebration Drive Bayview HeightsPublic School Attachment #3 to Report #PLN 17-22 Submitted Revised Site Plan City Development Department March 11, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 11/21 Universal City Seven Developments Inc.Applicant: Property Description: DATE: File No: Part of Lot 21, Concession 1, Now Part 3 40R-30834 L:\Planning\01-MapFiles\A\2021 Attachment #4 to Report #PLN 17-22 Submitted Conceptual Rendering - Facing Southwest City Development Department March 11, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 11/21 Universal City Seven Developments Inc.Applicant: Property Description: DATE: File No: Part of Lot 21, Concession 1, Now Part 3 40R-30834 L:\Planning\01-MapFiles\A\2021 Attachment #5 to Report #PLN 17-22 Submitted Conceptual Rendering - Facing Northwest City Development Department March 11, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 11/21 Universal City Seven Developments Inc.Applicant: Property Description: DATE: File No: Part of Lot 21, Concession 1, Now Part 3 40R-30834 L:\Planning\01-MapFiles\A\2021 Attachment #6 to Report #PLN 17-22 L:\Planning\01-MapFiles\A\2021 March 11, 2022DATE: Applicant: Property Description: File No: Submitted Conceptual Rendering - North Podium Face FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 11/21 Part of Lot 21, Concession 1, Now Part 3 40R-30834 Universal City Seven Developments Inc. Attachment #7 to Report #PLN 17-22 Universal City Master Plan City Development Department March 11, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 11/21 Universal City Seven Developments Inc.Applicant: Property Description: DATE: File No: Part of Lot 21, Concession 1, Now Part 3 40R-30834 L:\Planning\01-MapFiles\A\2021 Attachment #8 to Report #PLN 17-22 Summary of Key Details of Proposal (A 11/21) Proposal Total Area of Land 0.52 of a hectare Gross Floor Area (GFA) 34,505 square metres Net Floor Area (NFA) 29,663 square metres Number of Residential Units 482 residential units Floor Space Index (FSI) 5.75 Tower Floor Plate Size 840.4 square metres Number of Storeys and Building Heights 37 storeys 116.3 metres Unit Types 1 Bedroom: 157 units 1 Bedroom plus Den: 170 units 2 Bedroom: 104 units 2 Bedroom plus Den: 39 units 3 Bedroom: 12 units Vehicular Parking Resident – 321 spaces at a minimum ratio of 0.65 parking spaces per unit Visitor – 73 spaces at a ratio of 0.15 parking spaces per unit Total – 394 spaces Bicycle Parking 242 spaces at a ratio of 0.5 spaces per unit Private Amenity Area Indoor – 935 square metres Outdoor – 964 square metres Total – 1,899 square metres Privately-Owned Public Space 605 square metres