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HomeMy WebLinkAboutPLN 39-21Report to Council Report Number: PLN 39-21 Date: October 25, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Two-year Period Exemption Request for Minor Variance Application P/CA 103/21 Universal City Six Developments Inc. 1496 Bayly Street Recommendation: 1. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider Minor Variance Application P/CA 103/21 resulting from the further processing of the Site Plan application, submitted by Universal City Six Developments Inc., for lands municipally known as 1496 Bayly Street, 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 103/21, submitted by Universal City Six Developments Inc., owner of 1496 Bayly Street Road (see Location Map, Attachment #1). The site-specific Zoning By-law 7810/21, enacted by Council on January 25, 2021, permits a minimum building separation of 8.6 metres for a second-storey unit with primary windows. The provision requires the primary window of the second-storey unit to be no larger than 0.9 of a square metre and the lowest point of the window to be located a minimum of 1.8 metres from the floor. The applicant is requesting approval of a minor variance application to maintain the building separation of 8.6 metres for a second-storey unit with larger primary windows, so long as a 1.8-metre high privacy screen is located along the edge of the building between the primary windows and the adjacent building to which the primary window faces. The requested variance is in keeping with the general intent and purpose of the City Centre Neighbourhood Official Plan policies and the City Centre Zoning By-law 7553/17, as amended by By-law 7810/21. The requested variance is minor in nature and desirable for the proposed development, which creates a landmark gateway into Pickering's City Centre while mitigating issues related to privacy and overlook. For these reasons, staff recommend that Council grant the requested exemption. Financial Implications: No direct financial implications are arising from Council's adoption of the recommendation of this report. October 25, 2021 Report PLN 39-21 Subject: Universal City Six Developments Inc. Page 2 1. Discussion Bill 73, the Smart Growth for Our Communities Act, 2015, amended the Planning Act by removing the ability for an applicant to apply for a minor variance for 2 years following thepassing of an applicant-initiated zoning by-law amendment. However, the Planning Actchanges also permit a municipal Council to allow minor variance applications to proceed ona case-by-case basis by Council resolution. The Province indicated that the intent of the amendment is to prevent, for a 2 year period, zoning provisions that Council determines to be important from being reversed through the minor variance process. 2.Proposed Residential Development In February 2020, Universal City Six Developments Inc. submitted Zoning By-lawAmendment Application A 01/20, for the lands located at the northwest corner of SandyBeach Road and Bayly Street within the City Centre Neighbourhood (see Location Map, Attachment #1). On February 21, 2020, the applicant submitted a formal Site PlanApplication S 02/20, which was intended to implement the proposed development. On January 25, 2021, City Council enacted By-law 7810/21, which granted site-specificexemptions to permit the construction of a 26-storey residential condominium buildingconsisting of 302 units, as reflected in the submitted site plan application. On April 26, 2021, City Council granted an exemption in accordance with Section 45 (1.4) ofthe Planning Act, as amended, to permit the Committee of Adjustment to consider MinorVariance Application P/CA 21/21. The purpose of the application was to marginallyincrease the maximum building height from 78 metres (26-storeys) to 79.5 metres(27-storeys) and to eliminate the required minimum 3.0 metre stepback in the main wall of the point tower between the top 6.0 metres and 18.0 metres of a building greater than73.5 metres in height (24-storeys). On May 12, 2021, the Committee of Adjustmentapproved Minor Variance Application P/CA 21/21. This change allowed the applicant toaccommodate an additional 10 residential units for a total of 312 apartment units. Through the detailed design of the proposed building during the site plan review process, the applicant determined that additional units could be accommodated through minor changes tothe floor plan. As a result of the reconfiguration, the primary windows for 2 second-storeyunits have been shifted to face westward, opposite the Universal City Phase 1 developmentlocated on the abutting west property (see Submitted Site Plan, Attachment #2). This change would allow the applicant to accommodate an additional 9 residential units for a total of 321 apartment units. 3.Minor Variance Application P/CA 103/21, Universal City Six Developments Inc. City Centre Zoning By-law 7553, as amended, requires a minimum building separation of11.0 metres if any primary windows or balconies are proposed on a wall facing an adjacent building. The site-specific Zoning By-law 7810/21 granted a provision to reduce the minimum building separation to 8.6 metres for a second-storey unit with primary windows.The provision requires the primary window to be no larger than 0.9 of a square metre andthe lowest point of the window to be located a minimum of 1.8 metres from the floor. The October 25, 2021 Report PLN 39-21 Subject: Universal City Six Developments Inc. Page 3 purpose of this provision was to incorporate a small window into a second-storey unit, to allow the flow of natural light into the unit. To deal with issues related to privacy and overlook, the size of the window was limited, and the location of the window was high enough to ensure there was no direct visibility through the window to an adjacent building. Through the detailed design of the building, the second-storey was reconfigured to allow for a more compact floor plan and the addition of 9 residential units, for a total of 321 apartment units. As a result of the reconfiguration, the primary windows for 2 second-storey units were shifted westward, facing an adjacent building (Universal City One). To ensure the flow of natural light is maintained within these units, the applicant is requesting to provide larger windows. As such, the applicant has submitted Minor Variance Application P/CA 103/21 to maintain the building separation of 8.6 metres for a second-storey unit with larger primary windows, so long as a 1.8-metre high privacy screen is located along the edge of the building between the primary window and the adjacent building to which the primary window faces. The purpose of limiting the size and location of the primary window is to provide adequate privacy between abutting buildings. To mitigate issues with privacy and overlook as a result of the larger windows, the applicant is proposing to locate a 1.8-metre high privacy screen along the west edge of the building between the primary windows and the adjacent building to which the primary windows face. The larger windows will ensure sunlight is still provided within the units, while the screens will ensure privacy between the units and the adjacent building is maintained. The screens will be similar in style and colour to the building, which will help maintain an attractive façade. October 25, 2021 Report PLN 39-21 Subject: Universal City Six Developments Inc. Page 4 The applicant has indicated that the related parking, bicycle parking and amenity space requirements have been increased to reflect the additional number of units, without the need for further variances. The additional 9 residential units will not require any further exceptions to the City Centre Zoning By-law 7553/17, as amended by By-law 7810/21. 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 high-density, mixed-use development. Staff have reviewed the site plan application and consider the larger windows to be desirable for the future occupants of these units, and consider the screens appropriate to mitigate issues related to privacy and overlook. The requested variance is considered to be minor in nature and appropriate for the site. 4.Conclusion It is recommended that Council grant an exemption in accordance with Section 45 (1.4) ofthe Planning Act and permit Minor Variance Application P/CA 103/21, submitted byUniversal City Six Developments Inc., to be considered by the Committee of Adjustmentresulting from the further processing of the site plan or building permit applications. Attachments: 1.Location Map2.Submitted Site Plan October 25, 2021 Report PLN 39-21 Subject: Universal City Six Developments Inc. Page 5 Prepared By: Original Signed By Isabel Lima (Acting) Planner II Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design 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 Attachment #1 to Report #PLN 39-21 Pickering Parkw a y Tatra Drive Drava StreetKr o s n o B ou l e v a r d Re y t a n B o u le v a r d SandyBeachRoadBayly Street Morden Lan e Poprad Av en u eAlliance RoadFordon Aven u e Highway 401 MitchelPark Bayview HeightsPublic School City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: P/CA 103/21 Date: Sep. 27, 2021 Universal City Six Developments Inc.1496 Bayly Street SubjectLands L:\PLANNING\01-MapFiles\PCA\2021\PCA 103-21 Universal City Six Development Inc\PCA103-21_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. Attachment #2 to Report #PLN 39-21 Submitted Site Plan File No: P/CA 103/21 Applicant: Universal City Six Developments Inc. Municipal Address: 1496 Bayly Street CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN.Date: September 22, 2021 Universal City Phase 1 (west adjacent building) 8.6 m separation To maintain a building separation of 8.6 metres for a second storey unit with larger windows to allow for the flow of natural light, so long as a 1.8 metre high privacy screen is located along the edge of the building.