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HomeMy WebLinkAboutNovember 13, 2019-C~of-p](KERJNG Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Samantha O'Brien, Assistant Secretary-Treasurer 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, November 13, 2019 7:00 pm Council Chambers That the agenda for the Wednesday, November 13, 2019 meeting be adopted. 3. Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 10th meeting of the Committee of Adjustment held Wednesday, October 9, 2019 be adopted. Carried Unanimously Page 1 of 7 4. Reports 4.1 PICA 60119 & PICA 61119 Unique AT Holding 1470 Bayly Street PICA 60119 (Phase Two) Committee of Adjustment Meeting Minutes Wednesday, November 13, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 7553117, as amended by By-law 7707119, to permit: • a maximum building height of 82 metres, whereas the by-law requires a maximum building height of 77 metres • a minimum 1.98 square metres of indoor amenity space per apartment dwelling unit, whereas the by-law requires a minimum 2.0 square metres of indoor amenity space per apartment dwelling unit • a minimum 1.92 square metres of outdoor amenity space per apartment dwelling unit, whereas the by-law requires a minimum 2.0 square metres of outdoor amenity space per apartment dwelling unit The applicant requests approval of this application for increased building height, and a decrease in indoor and outdoor amenity space. These variances are required to obtain Site Plan Approval for a high-rise mixed-use building, consisting of 336 dwelling units, and associated amenity space, 393 square metres of retail space at grade, 334 underground parking spaces, and 10 accessible parking spaces at grade. PICA 61119 (Phase Three) The applicanfrequests relief from Zoning By-law 7553117, as amended by By-law 7707119, to permit: • a maximum building height of 91 metres, whereas the by-law requires a maximum building height of 77 metres • a minimum 1.94 square metres of outdoor amenity space per apartment dwelling unit, whereas the by-law requires a minimum 2.0 square metres of outdoor amenity space per apartment dwelling unit • · a minimum apartment dwelling parking requirement of 0.74 spaces per dwelling unit and an additional 0.15 of a space per dwelling unit for visitors, whereas the by-law requires a minimum apartment dwelling parking requirement of 0.8 spaces per dwelling unit and an additional 0.15 of a space per dwelling unit for visitors The applicant requests approval of this application for increased building height, a decrease in outdoor amenity space and a decrease in the total number of parking spaces for the dwelling units. These variances are required to obtain Site Plan Approval for a high-rise mixed-use building, with 370 dwelling units and associated amenity space, 393 square metres of retail space at grade, with 345 underground parking spaces and 10 accessible parking spaces at grade .. Page 2 of 7 -C~0f-Pl(KERlNG Committee of Adjustment Meeting Minutes Wednesday, November 13, 2019 7:00 pm Council Chambers The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from the City's Building Services Section expressing no comments on the application. Written comments were received from Regional Councillor Ward 1, Kevin Ashe, expressing support of staff's recommendation to the application. Written comments were received from Regional Councillor Ward 2, Bill McLean, expressing support for the application. Written comments were received from City Councillor Ward 2, Ian Cumming, expressing no objections to this application. Written comments were received from City Councillor Ward 3, Shaheen Butt, in support of the proposed height increase for the application. Ryan Guetter, of Weston Consulting, was present to represent the application. No further representation was present in favour of or in objection to the application. Ryan Guetter spoke in support of the application stating the reasons behind the requested variances are to differentiate height amongst the towers, as well as optimize the underground parking supply generated through the demand in sales. He went on to state the associated Krosno Creek open space allows for additional planting and landscaping, as well as rooftop amenity designs. In response to questions from Committee Members, Ryan Guetter stated the intent for future development of additional towers to be located north of the public road, pending submission and approval of any required applications. The forecast is consistent with the master plan that includes a total of five towers, where the additional two towers are designed to be on one podium. Given that the applications address. a diversity amongst building heights, and appears to meet the four tests of the. Planning Act as outlined and documented by the City Development Department, Sean Wiley moved the following motion: Page 3 of 7 -C~0f-Pl(KERlNG Moved by Sean Wiley Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, November 13, 2019 7:00 pm Council Chambers That application PICA 60119 (Phase Two) and PICA 61119 (Phase Three) by Unique AT Holding, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. 4.2 PICA 65119 M. Brown 87 Finch Avenue Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 6578105 to permit a minimum east side yard setback of 1.2 metres, whereas-the by-law requires 3.0 metres. The applicant requests approval of this variance in order to obtain a building permit to construct a detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department stating no objection to the requested reduction in side yard setback. There are concerns with the configuration of the driveway as illustrated on the submitted plan, however further review and approval of the driveway will occur at the building permit application stage. Written comments were received from the City's Building Services Section expressing no comments on the application. Written comments were received from Parks Canada addressing a conference call that took place between City staff and Parks Canada on November 1, 2019, discussing new construction information submitted by the applicant. Parks Canada has since withdrawn their objections to the requested variance subject to conditions outlined in their letter dated November 6, 2019 (see Attachment #4 in the Report to the Committee of Adjustment for application PICA 65119). A letter was received from the TRCA dated November 11, 2019, expressing no objections on the application having evaluated the proposed work and after conducting a site visit. Previous permit approval was granted by the TRCA on July 14, 2017, and reissued on April 30, 2019 (see Attachment #5 and Attachment #6 in the Report to the Committee of Adjustment for the application PICA 65119). Page 4 of 7 -C~0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, November 13, 2019 7:00 pm Council Chambers Written comments were received from Regional Councillor Ward 3, David Pickles, expressing support of staff's recommendation to the application and acknowledgment of the applicant's arrangements to address Parks Canada's concerns. Michael Brown, applicant, was present to represent the application. Richard Scott, of Parks Canada, was also present in support of the application. No further representation was present in favour of or in objection to the application. Michael Brown spoke in support of the application indicating the purpose of the resubmission was to allow for time to contact Parks Canada and offer solutions to address their concerns. It gave opportunity for further discussion between the applicant, Parks Canada, TRCA and City staff. Michael Brown outlined he understands that the primary concern of Parks Canada is the encroachment onto Parks Canada lands, where he has provided a Construction Management Plan, to their satisfaction. Richard Scott of Parks Canada stated there have been several conversations between Parks Canada and the applicant since the previous meeting where measures have been proposed through best practices to address all concerns. Richard Scott indicated the lands adjacent to the subject property have recently been conveyed from TRCA to Parks Canada. Michael Brown has shown a willingness to work with Parks Canada and ensure all at-risk species are not impacted during construction. Richard Scott also acknowledged receipt of additional information from the applicant and has no concerns with the proposed variance. In response to questions raised by Committee Members, Richard Scott indicated there is an ecologist with Parks Canada that will be responsible for monitoring the species of the lands owned by Parks Canada. They will create general monitoring reports that will be forwarded to the City for record keeping. The ecologists will also advise the contractors to be mindful of the property. If enforcement is required, Parks Canada Works with TRCA depending on the nature of the concern. The jurisdiction ends at the property line where there is no authority to enforce the Construction Management Plan, however Parks Canada has reviewed the plans and are satisfied. When asked about the proximity of the at-risk species to the property line, Richard Scott stated it depends on the nesting season and those located in the immediate vicinity as part of the entire lot. Richard Scott stated there is no concern that overspill of debris onto the property line will occur and negatively impact the lands. In response to questions from Committee Members, Michael Brown stated he will undertake practices outlined in the Construction Management Plan that satisfy Parks Canada and has agreed to the conditions outlined in the November 6, 2019 letter. Furthermore, both a silt fence and a structural metal fence will temporarily be erected on the property line during construction. Page 5 of 7 -C0J0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, November 13, 2019 7:00 pm Council Chambers Michael Brown indicated he has spoken to the contractor responsible for masonry and has stated he will oversee all construction and advise all trades persons of the sensitivity of the adjacent lands, and narrowing of the scaffolding is proposed. When asked about future plans for the property Michael Brown indicated it is his intent to live on the property once construction is complete. He advised there are no future plans to erect a permanent fence around the entire perimeter of the property. There will however be one for a pool enclosure as part of the City requirements. Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Tom Copeland That application PICA 65/19 by M. Brown, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the staff Report to the Cor:nmittee of Adjustment dated November 13, 2019). 2. That the applicant obtain a building permit for the proposed construction by November 12, 2021 or this decision shall become null and void. 3. That prior to the issuance of a building permit the owner shall erect a silt and temporary metal construction fence, along the east property line to the satisfaction of Parks Canada. 4. That prior to the issuance of a building permit the owner shall enter into an agreement with Parks Canada, to implement requested mitigations outlined in their letter dated November 6, 2019, in order to protect the environmental integrity of the Rouge National Urban Park. Carried Unanimously 5. Other Business 5.1 Adoption of 2020 Meeting Schedule Moved by Tom Copeland Seconded by Eric Newton That the Committee of Adjustment Meeting Schedule for 2020 be adopted. Carried Unanimously Page 6 of 7 -Cfit;of-p](KERJNG Adjournment Moved by Eric Newton Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, November 13, 2019 7:00 pm Council Chambers That the 11th meeting of the 2019 Committee of Adjustment be adjourned at 7:33 pm and the next meeting of the Committee of Adjustment be held on Wednesday, December 11, 2019. Carried Unanimously Date Chair Page 7 of 7