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HomeMy WebLinkAboutPLN 32-20Report to Council Report Number: PLN 32-20 Date: December 14, 2020 From: Kyle Bentley Director, City Development & CBO Subject: Two-year Period Exemption Request for Minor Variance Application P/CA 66/20 Trillium Housing Oak Non-Profit Corporation Part Lot 18, Concession 3 Now Part 1, 40R-29457 (2635 William Jackson Drive) Recommendation: 1.That Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permit the Committee of Adjustment to consider Minor Variance Application P/CA 66/20 resulting from the further processing of the Site Plan or Building Permit applications, submitted by Trillium Housing Oak Non-Profit Corporation, for land municipally known as 2635 William Jackson Drive, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Executive Summary: This report recommends that Council adopt a resolution in accordance with Section 45 (1.4) of the Planning Act, as amended, permitting the Committee of Adjustment to consider Minor Variance Application P/CA 66/20 submitted by Trillium Housing Oak Non-Profit Corporation, owner of 2635 William Jackson Drive (see Location Map, Attachment #1). The applicant is requesting approval of a minor variance application to permit air conditioning units to be located within the front yard for 5 residential blocks along William Jackson Drive and Earl Grey Avenue, whereas the site-specific zoning by-law amendment prohibits air conditioning units to be located between the front wall of a building or a dwelling and a public street. Financial Implications: There are no direct financial implications arising from Council’s adoption of the recommendation of this report. 1. Discussion: Bill 73, the Smart Growth for Our Communities Act, 2015, amended the Planning Act by removing the ability for an applicant to apply for a minor variance for 2 years following the passing of an applicant-initiated zoning by-law amendment. However, the Planning Act changes also permit a municipal Council to allow minor variance applications to proceed on a case-by-case basis by Council resolution. The Province indicated that the intent of the amendment is to prevent, for a 2 year period, zoning provisions that Council determines to be important from being reversed through the minor variance process. Report: PLN 32-20 December 14, 2020 Subject: Trillium Housing Oak Non-Profit Corporation Page 2 2.Proposed Residential Development In 2018, Trillium Housing Oak Non-Profit Corporation submitted applications for Official Plan Amendment and Zoning By-law Amendment for lands located at the southeast corner of William Jackson Drive and Earl Grey Avenue within the Duffin Heights Neighbourhood (see Location Map, Attachment #1). The applicant proposes to develop the subject lands for a residential condominium development consisting of 13 blocks for 216 stacked townhouse units (see Submitted Site Plan, Attachment #2). On June 24, 2019, City Council passed By-law 7705/19 to adopt Amendment 37 to the Pickering Official Plan. The amendment re-designated the subject lands from “Urban Residential Areas – Medium Density Areas” to “Urban Residential Areas – High Density Areas”, and included a site-specific exemption to permit a maximum density of 161 units per net hectare. Council also passed By-law 7706/19 to rezone the subject lands from “C1-ES” to “MD-HD-1”, “NP” and “OS-HL”. Shortly after these approvals, the applicant submitted a Site Plan Application for the development of the lands. During the review of the site plan, staff noted that the location of air conditioning units between the front wall of the stacked townhouse blocks (Buildings A, B, C, J and K) and William Jackson Drive and Earl Grey Avenue, did not comply with the site-specific zoning by-law approved by Council. 3.Minor Variance Application P/CA 66/20, Trillium Housing Oak Non-Profit Corporation On October 14, 2020, the applicant submitted Minor Variance Application P/CA 66/20 requesting that Section 5.(2)(g)(i) of Zoning By-law 7706/19 be varied to permit air conditioning units in the front yard between the front wall of a building or dwelling and a street. The minor variance application falls within the 2 year “time out” provision of the Planning Act. A Council resolution is required to enable the Committee of Adjustment to consider this minor variance application. The applicant has indicated that the variance is required as the layout of the stacked townhouse building is such that the units on the upper floors have a back-to-back configuration. As a result, certain units only have frontage or access to the front of the building, and it is therefore difficult to avoid locating air conditioning units between the front main wall and the street. The applicant is proposing to locate the air conditioning units at grade for the lower units, and on balconies for the upper units. The purpose of restricting the location of air conditioning units is to shield views of the units from a public street and to maintain a high-quality public realm. It is proposed that the air conditioning units located between the main front wall and William Jackson Drive and Earl Grey Avenue will be screened with decorative metal screens shielding all views from the municipal right-of-ways. The decorative metal screens will be similar in style and colour to the buildings and balcony railings to provide an attractive façade and streetscape. Report: PLN 32-20 December 14, 2020 Subject: Trillium Housing Oak Non-Profit Corporation Page 3 The proposed variance is in keeping with the general intent and purpose of the City’s Official Plan and Zoning By-law, which is to permit primarily housing and related uses. Staff have reviewed the site plan application and consider the proposed screening of the air conditioning units to fit in with the architectural design of the building and maintain a high quality public realm. The requested variance is considered to be minor in nature and appropriate for the site. 4.Conclusion Staff are of the opinion that the submitted minor variance application will facilitate the intended use of the subject lands as residential condominium development, and is in keeping with the general intent and purpose of the City’s Official Plan and the site specific zoning by-law amendment. It is recommended that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act and permit Minor Variance Application P/CA 66/20, submitted by Trillium Housing Oak Non-Profit Corporation, to be considered by the Committee of Adjustment resulting from the further processing of the site plan or building permit applications. Report: PLN 32-20 December 14, 2020 Subject: Trillium Housing Oak Non-Profit Corporation Page 4 Attachments: 1.Location Map 2.Submitted Site Plan Prepared By: Approved/Endorsed By: Isabel Lima Catherine Rose, MCIP, RPP Planner I Chief Planner Nilesh Surti, MCIP, RPP Kyle Bentley, P. Eng. Manager, Development Review Director, City Development & CBO & Urban Design IL:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer WilliamJacksonDriveAdirondack Chase Grenwich Glen PureSprings Boulevard B ronzedaleS tr eet Huckleberry Crossing Liat ris DriveCarousel DriveMisthollow Drive Byford Street Penny LaneRex Heath DriveZents Drive Tally Street Kalmar Avenue Hayden LaneNantucket ChaseE arl Grey A v enueBoston GlenPark hurs t CrescentBrock RoadCreekside Park © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City Development Department Location Map File: Applicant: Property Description: P/CA 66/20 Date: Nov. 05, 2020 ¯ E Trillium Housing Oak Non-Profit Corporation Pt Lt 18, Con 3 Now Pt 1, 40R-29457 (2635 William Jackson Drive) Subject Lands L:\PLANNING\01-MapFiles\PCA\2020\PCA 66-20 Trillium Housing\PCA66-20_LocationMap.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. Attachment #1 to Report #PLN 32-20 Submitted Site Plan File No: P/CA 66/20 Applicant: Trillium Housing Oak Non-Profit Corporation Property Description: Pt Lt 18, Con 3 Now Pt 1, 40R-29457 (2635 William Jackson Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT.Date: Dec 2, 2020 Building C Building B Building A Building K Building J to permit air conditioning units in the front yard between the front wall of a building or dwelling and a street Attachment #2 to Report #PLN 32-20