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HomeMy WebLinkAboutPLN 29-22Report to Planning & Development Committee Report Number: PLN 29-22 Date: June 6, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 08/21 (R1) Tribute (Liverpool) Limited Northwest corner of Highway 401 and Liverpool Road Recommendation: 1. That Zoning By-law Amendment Application A 08/21 (R1), submitted by Tribute (Liverpool) Limited, to permit a high-density, mixed-use development, consisting of 3 residential towers having heights of 46, 49, and 53 storeys, containing a total of 1,779 units and 1,155 square metres of commercial space at grade, located at the northwest corner of Highway 401 and Liverpool Road, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 29-22, be finalized and forwarded to Council for enactment; and 2. 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 Tribute (Liverpool) Limited, for the lands located at the northwest corner of Highway 401 and Liverpool 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: Tribute (Liverpool) Limited has submitted a Zoning By-law Amendment application to facilitate the construction of three mixed-use towers, having heights of 46 storeys (approximately 142 metres) for Tower A, 53 storeys (approximately 166 metres) for Tower B, and 49 storeys (approximately 154 metres) for Tower C. The portion of lands subject to this rezoning application is located at the northwest corner of Highway 401 and Liverpool Road, within the City Centre (see Location Map, Attachment #1). To address comments received from the City, the applicant revised the proposal to include the conveyance of approximately 0.24 of a hectare of land to the City for parkland dedication. This represents 12 percent of the total land area subject to this rezoning application. The parkland is located at the northeast corner of the site, on the north side of what is currently being referred to as the future extension of Walnut Lane. The Pine Creek valleylands, and associated vegetation buffer, will also be conveyed to a public authority. To address additional comments received from the City, the applicant is also proposing to provide 27 (two and three-bedroom) affordable housing units to Habitat for Humanity GTA, for a fraction of the cost. Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 2 In addition to the revisions noted above, the applicant has made the following refinements to the proposal: increased the total number of dwelling units from approximately 1,318 units to 1,779 units; increased the commercial/retail gross floor area from approximately 674 square metres to 1,155 square metres; slightly increased the heights of the proposed towers to accommodate additional height clearance for structural components of the buildings, however, the number of storeys for each tower has not changed; and proposed a new site-specific zoning exception to permit structures (such as mechanical equipment, architectural features, landscape features and wind/noise attenuation structures) on the podiums to project beyond the maximum podium height. City Development staff are in support of the revised proposal. The development conforms to the City’s Official Plan policies. The proposed towers maintain sufficient separation distances between the building faces to ensure views and privacy are maintained for future residents, and to minimize shadowing and wind tunnel impacts on surrounding properties, streets and public spaces. The proposed increases in building height are not expected to have a significant shadow impact on the surrounding low-density residential properties on the north side of Kingston Road. The proposed architectural design of the buildings incorporates varied articulations at the top of each tower, and variations in façade treatment, creating a signature design located at a key viewpoint from Highway 401 and Liverpool Road. Staff will continue to work with the applicant to address any outstanding technical requirements through the site plan approval process. Staff have no objection to the applicant’s request to amend the definition of “Lot Area” to permit the portion of lands for the future Walnut Lane road extension, and the proposed park block immediately north of the road extension, to be included in the calculation of lot area. The site- specific exception conforms to the objectives of the City Centre Neighbourhood policies, which is to encourage the highest mix and intensity of uses within the City Centre. The proposed development will be subject to site plan approval, in which detailed design issues will be addressed. Through the detailed design stage, minor refinements to the proposed buildings 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 two 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. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 3 1. Background 1.1 Property Description The subject property is located at the northwest corner of Highway 401 and Liverpool Road, within the City Centre (see Location Map, Attachment #1). The property has a total area of approximately 4.2 hectares, while the portion of lands subject to this zoning by-law amendment application has an area of approximately 2.0 hectares. The site has frontage along Liverpool Road at the northeast corner of the property. The site is currently vacant. The property is bisected by Pine Creek, a north-south watercourse that drains into Frenchman's Bay and Lake Ontario to the south. The portion of lands subject to the rezoning application is located to the east of Pine Creek. An existing Region of Durham sanitary sewer runs diagonally through the site along the east side of the property. The surrounding land uses are as follows (see Air Photo Map, Attachment #2): North: To the north are several commercial plazas, which contain uses such as a grocery store, pharmacies, financial institutions, restaurants, retail stores, and medical offices. At the northeast corner of the site is an existing driveway access from Liverpool Road, providing vehicular access for the north abutting commercial plaza that fronts Liverpool Road. East: Immediately to the east is Liverpool Road and a Highway 401 westbound off-ramp, which exits onto Liverpool Road. North of the off-ramp are two eight-storey office buildings, with commercial/retail uses at grade. South: Immediately to the south is Highway 401 and a westbound on-ramp. Further south is a Canadian National railway track and an automobile service station with an associated convenience store and restaurant. West: To the west, across Pine Creek, are several commercial plazas, which contain uses such as a grocery store, pharmacies, restaurants, retail stores, medical offices, professional offices, and automobile service shops. Also to the west is Walnut Lane, which provides vehicular access for the commercial properties west of Walnut Lane. 2. Applicant’s Proposal In June of 2021, the applicant submitted a Zoning By-law Amendment application to develop the lands east of Pine Creek for three mixed-use towers, having heights of 40-storeys each. Following the statutory public meeting for this proposal (held on October 4, 2021), the applicant revised the Zoning By-law Amendment application to facilitate the phased construction of three mixed-use towers having heights of 46-storeys for Tower A, 53-storeys for Tower B, and 49-storeys for Tower C. The revised proposal features Towers A and B connected by a 6-storey podium, and Tower C being a standalone building with a 6-storey podium (see Submitted Revised Site Plan, Attachment #3, and Submitted Conceptual Renderings, Attachments #4 and #5). All towers will have below and above-grade parking structures that are interconnected. Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 4 The revised proposal also includes the conveyance of approximately 0.24 of a hectare of land to the City for parkland dedication, located on the north side of what is currently being referred to as the future extension of Walnut Lane. The Pine Creek valleylands and associated vegetation buffer will also be conveyed to the City. The applicant is also proposing to provide 27 (two and three-bedroom) affordable housing units to Habitat for Humanity GTA, for a fraction of the cost. A second statutory public meeting was held on April 4, 2022, for the revised Zoning By-law Amendment application. In addition to the revisions noted above, the applicant made the following refinements to the proposal: • increased the total number of dwelling units from 1,318 units to 1,779 units as a result of the proposed increases in building height; • increased the commercial/retail gross floor area from approximately 674 square metres to 1,155 square metres; • slightly increased the proposed heights of Towers B and C (from 163 metres to 166 metres for Tower B, and 151 metres to 154 metres for Tower C) to accommodate additional height clearance for structural components of the buildings; however, the number of storeys for each tower has not changed; and • proposed a new site-specific zoning exception to permit structures (such as mechanical equipment, architectural features, landscape features, and wind/noise attenuation structures) on the podiums to project beyond the maximum podium height. Commercial uses are proposed at grade for all three towers, fronting the future extension of Walnut Lane. A daycare facility, with approximately 264 square metres of outdoor amenity space, is proposed to be located at the northeast corner of Tower C. Vehicular and pedestrian access to and from the site is proposed along Walnut Lane, where the road is planned to extend through the site. The City has initiated a Municipal Class Environmental Assessment Study to extend Walnut Lane from the section currently constructed on the south side of Kingston Road, which provides driveway access to the west abutting commercial plaza. Attachment #9 to this report summarizes the key statistical details of the revised proposal. An application for Site Plan Approval for the three towers has been submitted and is currently under review. 3. Comments Received 3.1 April 4, 2022, Hybrid Statutory Public Meeting and Written Comments A hybrid Statutory Public Meeting was held on April 4, 2022, where one resident spoke at the meeting. The City also received three written comments from the public. Key comments/questions raised by area residents and members of the Planning & Development Committee related to increased traffic; extension of Walnut Lane; impacts due to increased building heights; Tribute’s commitment to providing affordable house units; building design; and indoor and outdoor amenity features to be provided within Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 5 the development. Attachment #8 to this report provides a comprehensive list of comments/questions raised by area residents and Committee members, and detailed responses to these comments/questions. 3.2 Agency Comments 3.2.1 Region of Durham • no objections; • through future site servicing agreements, the applicant must demonstrate that there is sufficient sanitary servicing capacity to enable the partial and full development of the site to the satisfaction of the Region; and • the applicant must satisfy the Region’s noise study requirements; matters related to archaeological study; and soil and groundwater assessment, will be addressed through the site plan approval process. 3.2.2 Toronto and Region Conservation Authority • no objections; and • the owner shall convey the significant valleylands plus buffer into public ownership for long-term preservation. 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. 3.2.4 Ministry of Transportation (MTO) • the proposed full moves easterly driveway entrance does not comply with MTO policy; • MTO may consider the eastern entrance viable as a right-in/right-out access with a raised median along Walnut Lane, or elimination of the eastern entrance; • further study is required as the site is significant and Walnut Lane will become a cut-through option to the Highway from surrounding residential and commercial traffic; • an updated traffic impact study must demonstrate that queueing will not be a concern; • the configuration of Walnut Lane requires examination within the ongoing Municipal Class EA process to include all traffic generation from various surrounding origins; • the west entrance could trigger an intersection warrant if broader background traffic is expected; and • considering the present zoning conditions, a conceptual master plan showing the entire developable area is required for further review and should include any potential/proposed development along Walnut Lane. Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 6 The comments received from MTO will be addressed by the applicant through the site plan review process. 3.2.5 Durham Catholic District School Board • no objections; and • students generated from this development will be accommodated at Father Fenelon Catholic Elementary School located at 795 Eyer Drive, and St. Mary Catholic Secondary School located at 1918 Whites Road. 3.2.6 Durham District School Board • no objections. 3.3 Comments from City Departments 3.3.1 Engineering Services • no objections to the proposed zoning by-law amendment application; • technical matters related to grading, drainage, servicing, and landscaping will be addressed through the site plan approval process; and • the applicant will be required to enter into an agreement with, and to the satisfaction of, the City, to ensure the fulfillment of the City’s requirements, financial and otherwise, which shall include the design, construction and conveyance of the Walnut Lane extension, in its entirety, including the crossing of Pine Creek, as per the Municipal Class Environmental Assessment study. 3.3.2 Sustainability • the submitted Sustainable Development Report indicates the proposed development achieves 32 points of the City’s Sustainable Development Guidelines, which exceeds the required minimum of Level 1; • the applicant proposes the following optional sustainability measures: • providing a minimum of 75 percent of plantings as native species; • intensification of a vacant site with an increased density and mix of residential and commercial uses; • provision of enhanced amenities and residential units within walking distance of a wide variety of surrounding land uses; • support for alternative transportation through the provision of two electric vehicle charging stations in the visitors parking of each building and ten rough-in spots in the residential section of each building; • provision of laneways for access, avoiding interruptions along the street frontage; and • the site’s proximity to a transit stop (within a 250-metre distance); • 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 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 7 4. Planning Analysis 4.1 The proposed development conforms to the Pickering Official Plan Policies The portion of lands subject to this rezoning application is 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 Floorspace 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 street-facing façades along the Walnut Lane extension and locating main building entrances and windows along the street; • providing a public park on the north side of Walnut Lane extension where future residents and the public can gather; • enhancing the natural heritage feature through the rehabilitation of Pine Creek; • providing commercial uses at grade fronting the Walnut Lane extension, to create an active frontage and to promote a vibrant and safe street life; • providing landscaping along surface parking areas and fronting the future extension of Walnut Lane; and • providing pedestrian access to the site, and the commercial units at grade. In addition, 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 directly north of Highway 401, and 500 metres from the Pickering GO Station and 10 Durham Region Transit bus stops. The proposal conforms to the policies within the Pickering Official Plan. 4.2 The proposed development is consistent with the approved City Centre Urban Design Guidelines The City Centre Urban Design Guidelines provide design direction for intensification, to guide buildings and private development, as well as investments in public infrastructure in the City Centre. The proposed high-density mixed-use buildings achieves the key urban design objectives of the Guidelines by: Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 8 • locating the buildings along the street edge, and at a prominent corner to create an active and attractive streetscape; • aligning the buildings to create a consistent street wall with minimal gaps between the buildings, except to allow for pedestrian access and an internal driveway; • providing weather protection at the entrances of the commercial units and building main entrances; • locating the main building entrances along the street edge to ensure the entrances are highly visible and accentuated through design; • providing appropriate screening of the surface parking through landscaping and locating the parking at the rear and side of the buildings; • providing bicycle parking for future residents, visitors, and the public; • providing an outdoor amenity space at grade, as well as providing passive open space through the rehabilitation of Pine Creek; • providing variation in façade treatment, building materials, and colours to create an appealing and interesting streetscape; • providing adequate stepbacks of the towers and podium heights, to help create a human scale at street level and reduce shadow impacts; • providing a minimum of 25 metres separation between the building faces, and providing maximum tower floor plate sizes of 850 square metres, to ensure views and privacy are maintained for future residents, and to minimize shadowing and wind tunnel impacts on surrounding properties, streets and public spaces; • providing various recessions, projections, and change of materials on each building, to ensure an attractive design that contributes positively to the skyline; and • orienting the towers to ensure sunlight is optimized for the private outdoor amenity areas located on the podiums. The proposal is consistent with the City Centre Urban Design Guidelines. Through the site plan review process, staff will continue to ensure the site design and architectural treatment of the buildings is consistent with the City Centre Urban Design Guidelines. 4.3 The requested increases to building height will have acceptable shadow impacts on surrounding low-density residential properties, and on the public and private outdoor amenity areas The applicant has submitted a shadow study, prepared by IBI Group, in support of the proposed development. The study includes March, June, September, and December hourly between 9:18 am and 6:18 pm. During the months of March, June, and September, the proposed buildings are not expected to cast shadows beyond Kingston Road, where existing low-density residential dwellings are located. During December, the buildings are expected to cast minimal shadows on some of the low-density residential dwellings north of Kingston Road, between 9:18 am and 10:18 am. Between 11:18 am and 4:18 pm, the proposed buildings are not expected to cast shadows on the dwellings to the north. Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 9 Shadowing impacts on the proposed park are expected to vary throughout the day. In general, the buildings are expected to cast shows on the park during the morning hours, while the park is expected to have access to the sun during the afternoon hours. Shadowing impact on the private outdoor amenity space located on the podiums is expected to be minimal, as the orientation of the towers allows the podiums to have southern exposure. Staff support the applicant’s request to increase the maximum building height, given that the development will create minimal shadowing impacts on the low-density residential properties to the north of Kingston Road. 4.4 The proposed site-specific exception to amend the definition of “Lot Area” The applicant is requesting to amend the definition of “Lot Area” in the Zoning By-law to permit the portion of lands for the future Walnut Lane road extension and the proposed park block immediately north of the road extension to be included in the calculation of lot area. The applicant has indicated that the Pickering Official Plan identifies a private street going through the subject lands, which would have been included in the total lot area, and therefore included in the calculation of Floor Space Index (FSI). The City has initiated a Municipal Class Environmental Assessment Study to alternatively extend Walnut Lane eastward through the subject lands to connect to Liverpool Road. A portion of the subject lands will be conveyed to the City of Pickering for the future road extension, and a future public park. The lot area of the subject lands will be reduced, and as a result, the total buildable gross floor area of the subject lands will decrease. Accordingly, the applicant is requesting that the portion of lands for the future Walnut Lane road extension, and the proposed park block immediately north of the road extension, be included in the calculation of the lot area. Staff support the applicant’s request to amend the definition of “Lot Area” to permit the portion of lands for the future Walnut Lane road extension and the proposed park block to be included in the calculation of lot area. The site-specific exception conforms to the objectives of the City Centre Neighbourhood policies, which is to encourage the highest mix and intensity of uses within the City Centre. The conveyance of lands to the City for the future Walnut Lane road extension is required to service existing, approved, and proposed development in the City Centre, and will ensure a pedestrian-friendly street that accommodates all road users (including vehicles, public transit, cyclists and pedestrians). 4.5 Requested site-specific zoning exceptions The portion of lands subject to this rezoning application is zoned “City Centre One – CC1” 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 Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 10 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 requests to increase the maximum building height and amend the definition of lot area, 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 structures (such as mechanical equipment, architectural features, landscape features and wind/noise attenuation structures) on the podiums to project beyond the maximum podium height, whereas the by-law permits a maximum podium height of 20 metres; and • add a provision to permit stacked bicycle parking (see Figure 1 below), whereas the by-law only includes minimum parking space dimensions for horizontal and vertical bicycle parking spaces. Figure 1: Proposed stacked bicycle parking Though the applicant is requesting to remove the main wall stepback requirement between the top 6.0 and 18.0 metres of a tower, the buildings will still maintain a distinctive architectural design. This is achieved by providing a podium and tower stepback; providing varied rooflines at the top of each tower; proposing varied heights of each tower; and providing variation in façade treatment, building materials, and colours. In addition, the balconies on the towers have been designed to project beyond the building face (see Figure 2 below), which further articulates the building faces. Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 11 Figure 2: Proposed balcony design on Tower B The proposed structures that may project beyond the maximum podium height (such as mechanical equipment, architectural features, landscape features and wind/noise attenuation structures) will contribute to the functionality of the outdoor amenity area located on the podium and will ensure a comfortable environment for residents using the space. The proposed stacked bicycle parking will allow for a more compact and efficient system for providing bicycle parking spaces. Staff are supportive of the requested exceptions. 4.6 The existing and proposed road network will adequately accommodate the traffic generated by the proposed development During the statutory public meeting, Committee members questioned what volume of traffic would be travelling northward along Walnut Lane from this development. As part of the associated site plan application, the applicant has submitted a Traffic Impact Study, prepared by WSP Canada Inc. The applicant’s traffic consultant has indicated that the trip generation forecast for vehicles travelling northbound along the extension of Walnut Lane is 62 in the AM peak hour (between 8:00 am and 9:00 am) and 17 in the PM peak hour (between 5:00 pm and 6:00 pm). The study concludes that the trip generation forecasts resulting from the proposed development can be readily accommodated by the existing and proposed road network. Committee members also requested further clarification on the proposed plans for the extension of Walnut Lane north of Kingston Road. In 2017, the City initiated a Municipal Class Environmental Assessment (Class EA) study to extend Walnut Lane from the section presently constructed south of Kingston Road, eastward through the subject lands, to connect to Liverpool Road. One of the recommendations of the Class EA study is to prohibit vehicles from travelling northbound through the intersection at Kingston Road and Walnut Lane. Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 12 A draft of the Municipal Class EA report was circulated to external agencies on February 16, 2022, for their review and comment, including agencies such as the Ministry of Transportation, Toronto and Region Conservation Authority, Region of Durham, and Ministry of the Environment, Conservation and Parks. The draft report is being updated to reflect the comments received from these agencies. The updated report is expected to be presented to Council at the June 27, 2022 Council meeting. After the project updates are presented to Council, the report will be circulated to the public for a 30-day public review period. Following completion of the EA study, a detailed design of the road extension will begin. Construction of the Walnut Lane extension is tentatively scheduled to begin in late 2023, subject to Council’s budget approval. An area resident expressed concerns related to traffic, as there is no Liverpool Road off-ramp travelling eastbound, which will lead to added traffic on Bayly Street. The applicant’s traffic consultant has indicated that it is expected that vehicles travelling eastbound on Highway 401 will utilize the Whites Road off-ramp, and then travel along Kingston Road and the future extension of Walnut Lane to access the site. This route would require a single left-turn movement. Alternatively, if a vehicle utilizes the Whites Road off-ramp and then travels along Bayly Street, Liverpool Road and Walnut Lane to access the site, four left-turn movements would be required. As such, the applicant's traffic consultant expects travel on Kingston Road to be a more attractive route than Bayly Street. The applicant’s submitted Traffic Impact Study has been reviewed by the City's Engineering Services Department, the Region of Durham, and the Ministry of Transportation, and the reviewers are generally satisfied that the traffic generated from this development will have minimal impact on the operation of the Liverpool Road and Highway 401 interchange, and along Kinston Road and Liverpool Road. 4.7 Twenty-seven units will be provided to Habitat for Humanity GTA for affordable housing As part of the development, the applicant is proposing to provide 27 (two and three-bedroom), affordable housing units to Habitat for Humanity GTA (“Habitat GTA”), for a fraction of the cost. Nine units within each building will be provided to Habitat GTA. On April 25, 2022, the City received a letter from Habitat GTA, outlining their commitment to acquire 27 units from the applicant for affordable housing (see Attachment #7, Letter from Habitat Humanity GTA). The letter confirms that an agreement is in place between Habitat GTA and the applicant to acquire these units. In addition, Habitat GTA has reviewed the current floor plans, and is satisfied with the size and location of the proposed units. Habitat GTA has indicated that they will be selling the 27 units to qualified working, lower-income families. A number of the units will be included in Habitat GTA’s partnership with the BlackNorth Initiative on the BlackNorth Homeownership Bridge Program. Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 13 Habitat GTA’s homeownership model is structured so that families have the opportunity to turn what would otherwise be rental payments into mortgage payments. Appreciation of the units is based on a formula reflective of inflation, thus enabling Habitat GTA to be able to buy back these homes in the future, and retain affordability from one homeowner to the next. 4.8 Uses/activities proposed for the public and private indoor and outdoor amenity areas During the statutory public meeting, Committee members requested further clarification as to what uses/activities are planned for the proposed public and private indoor and outdoor amenity areas. Within the buildings, a total of 3,579 square metres of private indoor amenity area is proposed, and 4,388 square metres of private outdoor amenity area is proposed on the podiums. Programming and detailed design of the private amenity areas will be confirmed through the site plan review process. However, the applicant has indicated that the areas are currently planned to include: outdoor seating areas; indoor and outdoor fitness areas; indoor and outdoor play areas; a theatre; games room; and indoor and outdoor dining areas. As previously noted, the applicant will be conveying approximately 0.24 of a hectare of land to the City for parkland dedication. This represents 12 percent of the total land area subject to this rezoning application. The applicant’s conceptual design for the public park includes a walkway, native landscaping, a fitness area with exercise equipment, public art, a seating area, and a lookout area overlooking Pine Creek (see Figure 3 below). In addition, on the portion of lands to the west of Pine Creek, the applicant is exploring opportunities to convey these lands to the City for additional parkland that would include a public trail system with open green space (see Submitted Conceptual Park Plan, Attachment #6). Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 14 Figure 3: Submitted Conceptual Park Plan 4.9 The proposed buildings will be designed to be bird-friendly During the statutory public meeting, Committee members requested further details regarding the bird-friendly design of the buildings. The applicant has indicated that the implementation of a bird-friendly design will be addressed through the site plan review process. The applicant’s architect has also indicated that, through best practices, bird-friendly design is primarily focused at the first 16 to 18 metres (approximately 6-storeys) of a building. The proposed buildings will use bird-friendly glass through the use of frit, which is a pattern on the glass that is visible to birds, but does not obscure visibility from a dwelling unit. Through the site plan review process, staff will continue to ensure the proposed buildings utilize bird-friendly design. 4.10 The areas surrounding the subject lands are predicted to experience acceptable wind conditions for pedestrian uses During the statutory public meeting, Committee members questioned what wind impacts the proposed development may create. The applicant submitted a Pedestrian Level Wind Study, prepared by Gradient Wind Engineering Inc., as part of the associated site plan application. The study concludes that the proposed development may produce windy conditions at grade. However, most areas surrounding the buildings are predicted to experience conditions that are considered acceptable for the intended pedestrian uses throughout the year. Conditions over surrounding sidewalks, walkways, surface parking areas, and building access Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 15 points are considered acceptable, without the need for mitigation. The proposed internal driveway is expected to experience greater wind impacts, and mitigations measures (such as wind barriers and/or landscaping) may be required. The study also concludes that wind conditions surrounding the proposed park, on the north side of the extension of Walnut Lane, will be acceptable for the intended pedestrian uses. The northwest and southeast corners of the park are expected to experience greater wind impacts, and further investigation is required to determine an appropriate strategy to improve wind conditions in these areas. A full review of the submitted Wind Study will be completed as part of the site plan review process, and required mitigation measures will be confirmed and implemented through the site plan agreement. 4.11 Choice Properties REIT Ontario Properties Limited has raised concerns related to noise On April 10, 2022, the City received a letter from Zelinka Priamo Ltd., who is the planning consultant for the north abutting property owner (1792 Liverpool Road). The lands are owned by Choice Properties REIT Ontario Properties Limited (“CP REIT”) and leased by Loblaw Properties Limited (“Loblaws”). CP REIT and Loblaws expressed concerns about the noise that the existing Loblaws store generates as a part of routine operations, which may impact the proposed development on the subject lands. CP REIT and Loblaws requested that this rezoning application be deferred to allow for further discussions with the applicant and that a peer review of the applicant's Noise Study is undertaken. On April 18, 2022, the applicant’s lawyer, Cassels Brock & Blackwell LLP, provided a response letter to CP REIT and Loblaws. The applicant’s letter states that through this rezoning application, no amendment is being sought to permit the residential land use, density, or setbacks to the property lines, among other matters that may relate to noise impact concerns. The applicant’s letter also states that the nearest proposed tower on the subject lands is located over 50 metres away from the generator associated with the Loblaws grocery store. The applicant’s Noise and Vibration Study, prepared by Gradient Wind Engineering Inc., concludes that the site experiences high background noise levels from Highway 401 and Liverpool Road, and not from the grocery store. Staff are not aware of any further correspondence between the applicant and CP REIT/Loblaws. 4.12 Exemption to the two 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 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 Report PLN 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 16 intent of the amendment is to prevent, for a two-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. 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. 4.13 Technical matters will be addressed through site plan approval Detailed design issues will be addressed through the site plan approval process. These requirements will address matters such as, but are not limited to: • refining building design and materials; • finalizing landscaping; • securing the conveyance of the public park and open space lands associated with Pine Creek into public ownership; • detailed design of the public park; • 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, mixed-use development. 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. 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 29-22 June 6, 2022 Subject: Tribute (Liverpool) Limited Page 17 Appendix Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 08/21 (R1) Attachments: 1. Location Map 2. Air Photo Map 3. Submitted Revised Site Plan 4. Submitted Conceptual Rendering – Facing South 5. Submitted Conceptual Rendering – Tower C Entrance 6. Submitted Conceptual Park Plan 7. Letter from Habitat Humanity GTA 8. Staff’s Response to Comments/Questions from Committee Members and Area Residents 9. Summary of Key Details of Proposal Prepared By: Original Signed By Isabel Lima 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:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 29-22 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 08/21 (R1) 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 23, Concession 1, Parts 3 to 16 40R-21642, Part 2 40R-27540, and Parts 2 and 3 40R-30718, in the City of Pickering (A 08/21 (R1)) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a high-density, mixed-use development on lands being Part of Lot 23, Concession 1, Parts 3 to 16 40R-21642, Part 2 40R-27540, and Parts 2 and 3 40R-30718, 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. Schedule 2, Land Use Categories, of Zoning By-law 7553/17, as amended, is further amended by rezoning the lands depicted on Schedule I to this By-law from City Centre One (CC1) to Open Space (OS). 2. Section 6, Exceptions, and Schedule 7 of Zoning By-law 7553/17, as amended, is further amended by adding a new Exception E18 as follows: 6.18.1 Zone Provisions The following regulations apply: a) For the purpose of calculating Floor Space Index (FSI) for Section 4.2 a) and Schedule 3 related to minimum FSI, the area illustrated with diagonal hatching on Figure 6.18.2 (a) shall be considered a lot. b) Notwithstanding Section 4.2 b) ii) and Schedule 5, related to Maximum Building Height, the height of a building or structure wholly located within the area identified by the dashed lines as shown on Figure 6.18.2 (b) is specified by the number following the HT symbol as shown on Figure 6.18.2 (b). 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 f) ii) related to Podium Requirements for Buildings greater than 37.5 metres, the following building elements may exceed the maximum podium height: i) equipment used for the functional operation of the building and structures including electrical, utility, mechanical and ventilation equipment, enclosed stairwells roof access, maintenance equipment storage, chimneys, vents, and window washing equipment; ii) architectural features, parapets, elements and structures associated with a green roof; By-law No. XXXX/22 Page 2 Draft iii) planters, landscaping features, guard rails, divider screens on a balcony and/or terrace; and iv) trellises, pergolas and unenclosed structures providing safety or wind/noise protection to rooftop amenity space. e) Notwithstanding Section 3.9 b) and e) related to Bicycle Parking Space Requirements, the required bicycle parking spaces may be stacked bicycle parking spaces, subject to the following dimensions: i) a minimum length of 1.8 metres and a minimum width of 0.45 metres. 6.18.2 Special Site Figures Figure 6.18.2 (a) Figure 6.18.2 (b) By-law No. XXXX/22 Page 3 Draft 3. Schedule 7, Exceptions, of Zoning By-law 7553/17, as amended, is further amended by adding an E18 notation as depicted on Schedule II to this By-law. 4. 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. 5. 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 Highway 401 Li v e r p o o l R o a d Pickering Parkway Kingsto n R o a d N Clerk Mayor Schedule I to By-LawPassed ThisDay of XXXX/22 XXrd XXXX 2022 CC1 to OS CC1 Highway 401 Li v e r p o o l R o a d Pickering ParkwayKingsto n R o a d Clerk Mayor Schedule II to By-LawPassed ThisDay of N XXXX/22XXrd XXXX 2022 E18 Attachment #1 Report #PLN 29-22 Li v e r p o o l R o a d Kingsto n R o a d St Martins Dri ve B a y l y Street P ic k ering Parkway Highway 401 Storringto n S t r e e t DouglasRavine South Pine CreekRavine Location MapFile:Applicant:Municipal Address: A 08/21 (R1) Date: Mar. 08, 2022 Tribute (Liverpool) LimitedHighway 401 and Liverpool Road (Northwest corner) Portion of LandsSubject to Rezoning L:\PLANNING\01-MapFiles\A\2021\A 08-21 Tribute (Liverpool) Limited\A08_21_LocationMap_Focus.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 Lands Owned by Tribute(Liverpool) Limited Attachment #2 Report #PLN 29-22 Li v e r p o o l R o a d Wa l n u t L a n e Gle ndale Dri v e Poprad Avenue Tatra Drive Be g l e y S t r e e t B a y l y Street B r o n t e S q u a re Wayfarer Lane A l b a c o r e M a n o r Tanzer Court Kin g sto n R o a d St M a r t i n s D r i v e Sa n g r o L a n e S t o rri n g t o n S tr e et Charl o tte C ircle Li s t ow e l l C r e s c e nt Highway 401 Picke ri n g P a r k w a y Air Photo MapFile:Applicant:Municipal Address: A 08/21 (R1) Date: Mar. 08, 2022 Tribute (Liverpool) LimitedHighway 401 and Liverpool Road (Northwest corner) L:\PLANNING\01-MapFiles\A\2021\A 08-21 Tribute (Liverpool) Limited\A08_21_AirPhoto_Focus_v2.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 Portion of LandsSubject to Rezoning Lands Owned by Tribute(Liverpool) Limited Attachment #3 Report #PLN 29-22 L:\Planning\01-MapFiles\A\2021 May 17, 2022DATE: Applicant: Municipal Address: File No: Submitted Revised Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 08/21(R1) Highway 401 and Liverpool Road (Northwest corner) Tribute (Liverpool) Limited Commercial/Retail Parking Spaces Future Park Daycare Outdoor Amenity Space Entrance Easterly Walnut Lane Road Extension Westerly Entrance Tower C Tower B Tower A N Attachment #4 Report #PLN 29-22 Submitted Conceptual Rendering - Facing South City Development Department March 8, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 08/21 (R1) Tribute (Liverpool) LimitedApplicant: Municipal Address: DATE: File No: Highway 401 and Liverpool Road (Northwest corner) L:\Planning\01-MapFiles\A\2021 Attachment #5 Report #PLN 29-22 L:\Planning\01-MapFiles\A\2021 March 8, 2022DATE: Applicant: Municipal Address: File No: Submitted Conceptual Rendering - Tower C Entrance FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 08/21(R1) Highway 401 and Liverpool Road (Northwest corner) Tribute (Liverpool) Limited Attachment #6 Report #PLN 29-22 L:\Planning\01-MapFiles\A\2021 March 8, 2022DATE: Applicant: Municipal Address: File No: Submitted Conceptual Park Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 08/21(R1) Highway 401 and Liverpool Road (Northwest corner) Tribute (Liverpool) Limited Habitat GTA | 155 Bermondsey Road, Toronto, ON M4A 1X9 1 T: (416) 755 7353 | F: (416) 916 2333 | info@habitatgta.ca | habitatgta.ca Attachment #7 Report #PLN 29-22 April 25, 2022 Mr. Nilesh Surti Manager, Development Review and Urban Design City of Pickering City Development Department One The Esplanade Pickering, Ontario L1V 6K7 Dear Mr. Surti, Re: Tribute Communities development – VuPoint Project The purpose of this letter is to provide information to Pickering Council and Planning Staff with regards to our arrangement with Tribute Communities as related to the VuPoint project located at the north-west corner of Liverpool and Highway 401. I can confirm that Habitat GTA (Habitat GTA) has an agreement in place with Tribute Communities to acquire 27 units in the aforementioned development, particularly in phases 1 and 2 of the project. Further, we have reviewed the floor plans provided to date for the 27 units and are satisfied with the size and location of the proposed units. This project builds on the success of an earlier collaboration between Tribute Communities and Habitat GTA in a Toronto project. In that high rise project, an entire floor is now home to families who have been able to become homeowners as a result of the Tribute Communities / Habitat GTA partnership. I have had the opportunity to meet with a number of those families. All of them talk about the immeasurable change in their family’s well-being and future possibilities they have experienced as a result of living in homes that they own, that they can afford, that are safe, and that have delivered a sense of community beyond anything that that was possible in their previous rental accommodations. While Habitat GTA has a long history in Durham Region and a rapid growth in homes in Oshawa and Clarington, our work in Pickering has been limited. Thus, we were absolutely thrilled when Tribute approached us in 2021 and proposed the opportunity of partnering with us to build on our successful partnership in Toronto and bring this transformational opportunity to families in Pickering. The 27 units made possible through this project will be sold by Habitat GTA to qualified working, lower income families. Our unique homeownership model is structured so that families have the opportunity to turn what would otherwise be rental payments into mortgage payments, thus building equity while having the securing and affordability of their own home. Appreciation on these homes is based on a formula reflective of inflation, thus enabling Habitat GTA to be in a position to buy back these homes in the future and retain affordability from one homeowner to the next. Thus, the ripple impact of this Tribute – Habitat GTA partnership will be felt for generations to come in this exciting VuPoint development. Habitat GTA | 155 Bermondsey Road, Toronto, ON M4A 1X9 2 T: (416) 755 7353 | F: (416) 916 2333 | info@habitatgta.ca | habitatgta.ca Notably, a number of these homes will be included in our partnership with the BlackNorth Initiative on the BlackNorth Homeownership Bridge Program. This program is specifically targeted at the Black population, a community that makes up 11% of the population of Pickering. Should you have any questions about our work at Habitat GTA or this partnership with Tribute Communities, I invite you to contact Joshua Benard, our Vice President of Real Estate Development at Joshua.benard@habitatgta.ca. In partnership Ene Underwood CEO Attachment #8 Report #PLN 29-22 Staff’s Response to Comments/Questions from Committee Members and Area Residents Below is a summary of key questions raised by area residents during the statutory public meeting and in written submissions, and the applicant or staff's response. Questions from Area Residents Applicant or Staff’s Response An area resident questioned if the applicant will be providing the affordable housing units to Habitat for Humanity GTA at a fraction of the applicant’s cost, or the selling price cost. The applicant has indicated that the details of the agreement between Habitat for Humanity GTA and the applicant are still being finalized. As such, details regarding the selling price of the units, maintenance fees and parking spaces have not yet been determined. An area resident questioned how property taxes and maintenance fees will be calculated for the affordable housing units. An area resident questioned if parking spaces will be provided for the affordable housing units and if the parking spaces will also be provided to Habitat for Humanity GTA at a fraction of the cost. An area resident questioned if approval for the proposed increases to building height is not granted, if the applicant will still provide 27 affordable housing units to Habitat for Humanity GTA. The applicant has indicated that the affordable housing units are being proposed as part of a public benefits package through the rezoning application, in addition to other proposed public benefits. This includes conveying 0.24 of a hectare of land to the City for parkland dedication; conveying the Pine Creek valleylands and associated vegetation buffer to a public authority; and exploring opportunities to convey the portion of lands to the west of Pine Creek to the City for additional parkland that would include a public trail system with open green space. An area resident questioned if Habitat for Humanity GTA will be contacted to provide their comments on the proposal. Habitat for Humanity GTA provided a letter to the City, dated April 25, 2022, outlining their commitment to acquiring 27 units from the applicant for affordable housing. Below is a summary of key questions/matters raised by Committee members during the statutory public meeting, and the applicant or staff’s response. Questions from Committee Members Applicant or Staff’s Response Committee members requested further details as to which municipalities the applicant has previously facilitated a development where units were provided to Habitat for Humanity. In their letter to the City, Habitat for Humanity GTA confirmed a previous partnership between the applicant and Habitat GTA in the City of Toronto. As part of a high-rise development, the applicant provided an entire floor of units to Habitat GTA. Habitat GTA stated that they have met with a number of the families that live in these units, and that “all of them talk about the immeasurable change in their family’s well-being and future possibilities they have experienced as a result of living in homes that they own, that they can afford, that are safe, and that have delivered a sense of community beyond anything that that was possible in their previous rental accommodations”. Committee members questioned if the grade of the subject property is higher in elevation than the Pickering Town Centre site. The applicant has indicated that the subject site has a range in elevation between 87 and 91 metres above sea level. The Pickering Town Centre site has a range in elevation between 85 and 88 metres above sea level. The applicant has indicated that the difference between equal-height buildings on each of these sites would generally be undetectable. Committee members requested the applicant explore opportunities to provide a multi-faith/prayer room within the buildings. The applicant has indicated that a series of multi-purpose rooms will be provided within the indoor amenity space of each building and that the use of such rooms will be determined by the future condominium board. Committee members requested clarification on the differences between the applicant’s submitted traffic impact study in support of this application, and the Transportation Master Plan being undertaken by the City for the entire City Centre. A fulsome response to this question was provided in a Memo to Council, dated April 21, 2022 (CAO 25-22). In summary, the applicant’s submitted traffic impact study assesses the adequacy of the existing and future transportation system to accommodate the additional traffic that is generated by the proposed development. It also assesses transportation impacts generated by the development, and recommendations to mitigate these impacts. Questions from Committee Members Applicant or Staff’s Response The City Centre Transportation Master Plan being undertaken by the City is similar but at a much larger scale, over a larger study area. The Master Plan will look at all proposed or potential development or redevelopment within the City Centre, at the 10-year and 20-year development horizons. The Transportation Master Plan will include a comprehensive transportation impact study, a transportation network review and preparation of road functional design plans. Summary of Key Details of Proposal (A 08/21 (R1)) Proposed Towers A, B and C Gross Floor Area (GFA) Approximately 127,196 square metres Net Floor Area (NFA) Approximately 105,889 square metres Commercial/Retail Gross Floor Area Approximately 1,155 square metres Number of Residential Units Approximately 1,779 units Number of Affordable Housing Units Total of 27 units; 9 in each building Floor Space Index (FSI) Approximately 5.72 Number of Storeys and Building Heights Tower A: 142 metres or 46 storeys Tower B: 166 metres or 53 storeys Tower C: 154 metres or 49 storeys Vehicular Parking Resident: 1,455 spaces Visitor/Retail: 266 spaces Total: 1,721 spaces Bicycle Parking 892 spaces Private Amenity Area Indoor: 3,579 square metres Outdoor: 4,388 square metres Total: 7,967 square metres Parkland Dedication 2,409 square metres