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HomeMy WebLinkAboutApril 4, 2022 Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt C. Doody-Hamilton B. McLean D. Pickles Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Cassel - City Clerk C. Rose - Chief Planner D. Jacobs - Manager, Policy & Geomatics N. Surti - Manager, Development Review & Urban Design R. Perera - Deputy Clerk C. Morrison - Principal Planner, Development Review E. Martelluzzi - Senior Planner, Development Review & Heritage I. Lima - (Acting) Planner II 1. Roll Call The City Clerk certified that all Members of Council were present, and participating in- person. 2. Disclosure of Interest No disclosures of interest were noted. Moved by Councillor Ashe Seconded by Mayor Ryan That the rules of procedure be suspended to allow one additional delegation, under Section 4 of the agenda regarding Report PLN 20-22. Carried on a Two-Thirds Vote 1 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 3. Statutory Public Meetings Councillor Pickles, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Land Tribunal (OLT), and may not be entitled to be added as a party to the hearing unless, in the opinion of OLT, there are reasonable grounds to do so. Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 3.1 Information Report No. 06-22 Zoning By-law Amendment Application A 08/21(R1) Tribute (Liverpool) Limited Northwest corner of Highway 401 and Liverpool Road A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Isabel Lima, (Acting) Planner II, provided the Committee with an overview of Zoning By-law Amendment Application A 08/21(R1). Through the ai d of a PowerPoint presentation, Ms. Lima outlined the subject lands, noting that the purpose of the amendment was to facilitate the construction of a high-density, mixed-use development. She further spoke to the revised site plan, planning policy framework, public comments, planning and design comments, and the next steps in the application process. Michael Testaguzza, The Biglieri Group, joined the hybrid electronic meeting via audio connection and noted that Mark Ionga, and Peter Jacovcic, Director, Tribute (Liverpool) Limited, Mansoor Kazerouni, IBI Group, and Ismet Medic, Traffic Expert, WSP, were also connected to the meeting via audio connection. Through the aid of a PowerPoint presentation, Mr. Testaguzza discussed the subject lands, the planning policy framework, the proposed three towers, access points to the site, requested height increases, public benefits of the proposal, and the required zoning amendments. George Turner, 1780 Listowell Crescent, joined the hybrid electronic meeting via audio connection to speak to Zoning By-law Amendment Application A 08/21(R1). Mr. Turner stated that he understood population growth and added that he trusted that the City’s Official Plan would accommodate the growth. He spoke to the 2 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles original proposal from the applicant and noted that the revised proposal had not been amended significantly and that the proposed building heights remain the same as those noted in the original submission. Mr. Turner discussed the proposal setting a precedent, residents becoming disengaged in the planning process, and questioned whether the City’s Official Plan was being developed through public consultation. He referred to a motion pertaining to dissolving the Ontario Land Tribunal (OLT), presented at the March 28, 2022 Council Meeting, and stated that residents believe developers are in charge of the process. He noted that developers needed to be transparent and no ted that Tribute was actively advertising for the proposed development and questioned whether the units being sold were under the premise of the permitted number of storeys. He expressed his support for the part of the proposal allocating 27 units to Habitat for Humanity, and questioned whether Habitat for Humanity had been consulted as they had not submitted comments on the application. Mr. Turner further questioned what would happen to the 27 units being allocated to Habitat for Humanity, should council refuse the requested height amendment. He added that The Biglieri Group had the City listed as a corporate client on their website and that he confirmed with City Staff, that at least since 2017, no billings had been incurred by the City, and that the Company’s website also included outdated images of the building renderings from the original submission. Mr. Turner concluded his delegation by noting that the proposal was deviating from the Official Plan with respect to height restrictions and asked that Committee be cautious in setting a precedent. Michael Testaguzza, The Biglieri Group, responded to comments and questions raised by the delegation by advising that the height being requested was decided upon the context of the site, Habitat for Humanity being a partner in the proposal with respect to the design, and that The Biglieri Group would ensure that their website was updated with the most recent client listing and images of the various applications. A question and answer period ensued between Members of the Committee, Staff, Mr. Testaguzza, Mr. Medic, and Mr. Kezerouni, regarding: • the plans for the Walnut Lane extension going north from Highway 2; • impact to traffic on Liverpool Road and whether traffic studies had been conducted; • impact to birds due to the height of the buildings and bird friendly design guidelines; • whether the grade of the subject site was similar to the grade of the Pickering Town Centre lands in terms of elevation above sea level; • configuration of the three building and whether there was any data on potential wind tunneling; 3 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles • concerns regarding the City also conducting a City Centre Traffic Study Master Plan and which traffic study would be relied upon in considering the application; • the mechanisms in place to ensure that the 27 units for Habitat for Humanity are guaranteed; • indoor and outdoor amenities for the three towers, and whether there was a possibility for the creation of a soccer or baseball field; • whether the proposal could include a prayer room for the future residents; • ownership of lands surrounding the subject site and the proposed park trails requiring the approval of landowners and the Toronto Region Conservation Authority (TRCA); and, • reaching out to other municipalities who worked with Tribute Homes and Habitat for Humanity, to discuss the process to ensure the affordable units were included in development. Staff were requested to provide information on the impact of the City Centre Transportation Study on the transportation impacts of the proposed development. 3.2 Information Report No. 07-22 Official Plan Amendment OPA 21-02/P Zoning By-law Amendment A 13/21 2465 Brock Road Development Inc. 2465 Brock Road A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Elizabeth Martelluzzi, Senior Planner, Development Review & Heritage, provided the Committee with an overview of Official Plan Amendment OPA 21-02/P and Zoning By-law Amendment Application A 13/21. Through the aid of a PowerPoint presentation, Ms. Martelluzzi outlined the subject lands, noting that the purpose of the amendment was to permit a high-density mixed-use development. She further spoke to the applicant’s proposal, planning policy framework, public comments, planning and design comments, and the next steps in the application process. Sacha Singh and, Akil Heywood, 2465 Brock Road Development Inc., and Shakeel Walji, The Sher Corporation, joined the hybrid electronic meeting via audio connection and noted that they were available for questions. George Turner, 1780 Listowell Crescent, joined the hybrid electronic meeting via audio connection in support of the applications. He added that the proposal was not requesting many amendments and that the proposal would be a good view once built. 4 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles Heather Allan, Pickering Resident, joined the hybrid electronic meeting via audio connection in opposition to Official Plan Amendment OPA 21-02/P and Zoning By- law Amendment A 13/21. Ms. Allan discussed concerns regarding impacts to traffic, the lack of recreation facilities in the subject area, and added the porter flights that move through the area was not considered. She further spoke to new stop lights in the area and its impact to traffic flow and stated that schools in the City were over crowded due to new development. Ms. Allan noted that 2465 Brock Road was situated on a hill and that there would be problems pertaining to soil stabilization. She further noted that two access points to the development would create additional construction which would be an issue as Concession Road 3 and Valley Farm Road would be closed in the near future for at least two years. Shakeel Walji, The Sher Corporation, responded to comments and questions raised by the delegation by noting that a traffic study had been conducted, the projection by the Region that Brock Road would become a six-lane road in the future, and the two access points to the site being proposed in consultation with the Region. Catherine Rose, Chief Planner, stated that the traffic signal locations had been carefully planned with the Region for the last 20 years. A question and answer period ensued between Members of the Committee, Staff, and Mr. Walji, regarding: • the two access points into the site and whether one of them would be a stop light with the other being a right only exit; • connectivity between the buildings and whether there would be an elevator feature to the underground parking; • sustainability features offered in the development; • concerns from the cemetery owners adjacent to the site regarding construction and the type of measures that would be taken to minimize the impact of construction to the cemetery; • EV charging stations and EV bikes and how this was being implemented; • work undertaken to ensure the suitability of the soil of the subject lands; • whether the Region indicated the timelines for Brock Road being transformed into a six-lane road; • the announcement of a new school, currently referred to as the Creekside School; • confirmation that School Boards were a commenting agency on the proposal; and, • the design for the Seaton Recreation Complex being in the 2024 capital budget. 5 4. Delegations 4.1 George Turner Re: PLN 17-22 Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) George Turner, 1780 Listowell Crescent, joined the hybrid electronic meeting via audio connection and noted that he had raised questions to City Staff regarding the impact to Units 4 and 5 should Unit 7 be approved and growth in the City Centre and its relation to the job ratio. He added that Staff had advised that the City was tracking new residential growth in the City Centre and that Staff would be addressing policy conformity around such matters in a future recommendation report to Council. Mr. Turner further added that Staff advised that as part of the supplemental report, staff would be recommending a monitoring program with annual reporting for strategic growth areas in Pickering, and questioned whether Council had seen the supplemental report to base their decision on. 4.2 Michael Vani, Weston Consulting Re: PLN 17-22 Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) Michael Vani, Weston Consulting, joined the hybrid electronic meeting via audio connection and noted that he was the agent representing Universal City Seven Developments Inc. Mr. Vani noted that he worked closely with City Staff to refine the application based on the comments received from the public at the January public meeting. He spoke to the adjustments made to the application an d stated that he was in support of staff’s recommendation and was available for questions. 4.3 Paul White, President, Fairport Beach Neighbourhood Association Re: PLN 19-22 Appeals of Council Decisions on Planning Act Applications and Committee of Adjustment Decisions Policy Paul White, President, Fairport Beach Neighbourhood Association, joined the hybrid electronic meeting via audio connection to speak to Report PLN 19-22. He noted that the Association had made a complaint regarding the January 10, 2022 6 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles Special In-camera Meeting of Council to the Ombudsman, and that the complaint had not yet been resolved. He stated that the issue was whether the exemption used under the Municipal Act to move into a closed meeting applied to the subject matter which was being considered. He added that while municipalities were required to have their meetings open to the public, there were provisions in the Act for certain forums to be private, which should be considered carefully. He added that the provision used on January 10th was the provision of litigation or potential litigation which should be r eserved for subject matter of litigation or a reasonable prospect of litigation. He added that David Steele, Pickering West Shore Community Association, and himself, had sent a letter to Council questioning the rationale for holding a closed meeting. Mr. White referred to the draft policy and questioned the need for more in-camera meetings and asked that receipt of appeals should also be s ent to the chairman of the Committee of Adjustment. Mr. White concluded his delegation by stating that allowing process to play out would be more advantageous. 4.4 Matthew Cory, Malone Given Parsons Ltd. Re: PLN 20-22 Envision Durham – Growth Management Study Alternative Land Need Scenarios Summary Report Matthew Cory, Malone Given Parsons Ltd., joined the hybrid electronic meeting via audio connection to speak to Report PLN 20-22, and added that he was present on behalf of the Seaton Landowners Group. Through the aid of a PDF presentation, he added that the different scenarios noted in the Report either increase or decrease low and high density units. He spoke to the need for medium density type of units, modifying the scenarios, and added that Scenario 2 was the right one for land use planning. He asked that the Committee consider the modified scenario 2 which would be in conformity with the growth plan and would provide for a better mix in housing. He expressed concerns regarding an over reliance and an over estimation of supply in apartments stating that this was a deviation from market-based demands for such units. He noted that while there was a reduction to high density housing in the modified scenario 2, the percentage of new units being apartments was still higher than noted by the Region. He concluded his delegation by noting that he would look forward to working with the City and the Region. 5. Planning & Development Reports 5.1 Director, Corporate Services & City Solicitor, Report LEG 08-22 1185497 Ontario Limited – Plan of Subdivision 40M-1912 - Final Assumption of Plan of Subdivision - Lots 1 to 6, Plan 40M-1912 7 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles -Acorn Lane/Brock Road Recommendation: Moved by Councillor Ashe Seconded by Councillor Brenner 1. That works and services required by the Subdivision Agreement within Plan 40M-1912, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2. That 1185497 Ontario Limited be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M- 1912; and, 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 5.2 Director, City Development & CBO, Report PLN 17-22 Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) A question and answer period ensued between Members of the Committee and Staff regarding: • whether comments from residents, regarding exploring opportunities to make the proposed green roofs accessible to future residents for activities such as walking their dogs, would be addressed; • concerns expressed by Durham Regional Police regarding in-building radio coverage for first responders and whether the developers would take on the costs associated with rerouting the signals; • whether the approval of Universal City 7 would impact the approval of Universal City 4 and 5; and, • addressing the questions expressed by the delegate Mr. Turner, prior to the Report coming back to Council for approval. Recommendation: 8 5.3 Director, City Development & CBO, Report PLN 18-22 Envision Durham – Identifying a Regional Natural Heritage System - The Region of Durham Municipal Comprehensive Review A question and answer period ensued between Members of Committee and Staff regarding: 9 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles Moved by Mayor Ryan Seconded by Councillor Ashe 1. That Zoning By-law Amendment Application A 11/21, submitted by Universal City Seven Developments Inc., to permit a 37-storey residential condominium building with approximately 482 residential units at the southwest corner of Sandy Beach Road and future Celebration Drive be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 17-22, be finalized and forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 11/21, to amend City Centre Zoning By-law 7553/17, as amended, to remove the “H6” Holding Symbol on lands being Part of Lot 21, Concession 1, Now Part 3 40R-30834, as set out in Appendix II to Report PLN 17-22, be finalized and forwarded to Council for enactment; 3. That prior to issuing Site Plan Approval, Universal City Seven Developments Inc. shall satisfy the City with a letter from the H6 Landowners’ Group acknowledging that the Owner has either entered into the Universal City Infrastructure Agreement and Cost Sharing Agreement, or the Owner has satisfied all financial obligations under the said Universal City Infrastructure Agreement and Cost Sharing Agreement; and, 4. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider minor variance applications resulting from the processing of future site plan or building permit applications submitted by Universal City Seven Developments Inc., for the lands municipally know as Part of Lot 21, Concession 1, Now Part 3 40R-30834, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Carried Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles • clarification regarding how the Review would impact the City and the environmental components that are part of the Regional Natural Heritage System; • whether the Report was reviewed by Sustainability Staff in City Development; • whether the majority of the lands were in private ownership and whether the Plan would be used to manage the lands through easements; • whether the lands were in the W hitebelt area; • Natural Heritage System not being a designation and rather being a planning tool to add layers to sit on top of primary layers such as residential layers; • the City requesting that the Province protect the Whitevale wetland and remove the area from an urban designation, and any attempt to include the area in the Natural Heritage System contradicting conformity to the Region’s Plan; • a Notice of Motion being the best mechanism to bring forward the matter of protecting the Whitevale wetlands; and, • clarification regarding the Whitebelt not being a natural heritage system. Staff were requested to provide Report PLN 18-22 to Sustainability Staff for their review prior to the Report coming to the April 25, 2022 Council Meeting. Recommendation: Moved by Mayor Ryan Seconded by Councillor Doody-Hamilton That Council support the draft Regional Natural Heritage System (RNHS) for the new Regional Official Plan and endorse staff’s comments contained in Report PLN 18-22. Carried 5.4 Director, City Development & CBO, Report PLN 19-22 Appeals of Council Decisions on Planning Act Applications and Committee of Adjustment Decisions Policy A question and answer period ensued between Members of the Committee and Staff regarding; • the exemptions, under section 239(2) of the Municipal Act, used for the January 10, 2022 Special In-Camera Meeting of Council and the appropriateness of the exemptions; 10 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles • costs associated with hiring external representation for a minor Committee of Adjustment appeal; • whether the draft policy was in the public’s interest and Member’s being able to request an in-camera meeting to consider an appeal; • the community being ill equipped to appear at OLT hearings to defend their position; • results of debates of in-camera matters being announced publicly; and, • ensuring that the Policy is updated to reflect that appeals of Committee of Adjustment decisions are also circulated to the Chair, Committee of Adjustment. Recommendation: Moved by Mayor Ryan Seconded by Councillor Ashe That the Appeals of Council Decisions on Planning Act Applications and Committee of Adjustment Decisions Policy, dated April 25, 2022, be approved as set out in Appendix I to Report PLN 19-22. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Butt Councillor McLean Councillor Doody-Hamilton Councillor Pickles Mayor Ryan 5.5 Director, City Development & CBO, Report PLN 20-22 Envision Durham – Growth Management Study - Alternative Land Need Scenarios Summary Report A question and answer period ensued between Members of Committee and Staff regarding: • the recommendation addressing a balance between the different housing mixes; • Staff’s initial recommendation for scenario 3; • comparison between the different scenarios outlined in the Report; • Kingston Road being a redevelopment area and the proposed unit mix in scenarios 2 and 3 still anticipating a majority of high-density housing; • where the greenfield areas are located in the City; 11 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles • the unit mix breakdown for Seaton being 40% low-density, 40% medium- density, and 20% high-density; • scenario 5 not creating any ramifications for the City as most of the green space was already designated and the intensification already taking place on Kingston Road; • scenario 4 creating a balance and recognizing some growth, in terms of new lands, across the Region; • Durham Regional Environment Advisory Committee recommending Northeast Pickering become part of the greenbelt and the report being referred to the Region’s Planning and Economic Development Committee; • growth being inevitable in Pickering as the City is neighboring Toronto, immigration increasing due to world situations, and the population rising in the GTA; • the responsibility of addressing the needs for growth being the responsibility of the Region and the individual municipalities; • residents wanting a mix of accommodation as opposed to high rise residential buildings; • the City only being a commenting body and the final decision on the final scenario being with the Region; • confirmation that the greenbelt would not be including new community area lands and greenfields; • confirmation that specific lands were not being identified as part of the New Community Area Land; • whitebelt lands not being exclusive to Northeast Pickering; • Staff’s recommendation, noted in Report PLN 20-22, being scenario 3 with modifications; • the revised recommendation being a hybrid between scenario 2 and 3; and, • comparison between the revised recommendation and the staff recommendation noted in Report PLN 20-22. Recommendation: Moved by Councillor Ashe Seconded by Councillor Doody-Hamilton 1. That Council endorse the Staff Comments contained in Section 3 of Report PLN 20-22 as the City’s formal comments on the Envision Durham’s Alternative Land Need Scenarios Summary Report, prepared by Watson & Associates Economists Ltd. and Urban Strategies Inc., dated March 2022, except that Council recommend that the Region, in establishing the new urban area land needs, use a modified Community Area Land Need Scenario 2, with an increased intensification rate of 50%; and an adjusted 12 Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles mix of housing densities within Designated Greenfield Areas, such that the Durham Total New Unit Mix results in an increased percentage of medium density units at approximately 40 – 45%; a reduced amount of high density at approximately to 20 - 25%; maintains the number of low density units at approximately 35 – 40%; and maintains the percentage of secondary units at 3%; and, 2. That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. Carried Later in the Meeting (See the Following Motion) Moved by Councillor McLean Seconded by Councillor Brenner That Report PLN 20-22 be referred back to staff until such time that the Regional Planning and Economic Development Committee has made a decision regarding the Durham Regional Environment Advisory Committee’s recommendation to allocate Northeast Pickering in the greenbelt. Motion Withdrawn The Main Motion was then Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Butt Councillor Doody-Hamilton Councillor McLean Councillor Pickles Mayor Ryan 6. Other Business 6.1 Councillor Brenner asked whether the City had a mechanism to track affordable and rental housing and whether the date was available to the public on the City’s Website. Kyle Bentley, Director, City Development & CBO, advised that the City does not currently have a mechanism in place an d that Staff would look into the matter. Councillor Brenner gave Notice of a Motion regarding a housing strategy mechanism to track affordable and rental housing. Councillor Brenner noted that he may withdraw his Notice of Motion depending on Staff’s findings. 13 6.2 Councillor Pickles gave Notice of a Motion regarding designating the Whitevale Former Gravel Pit/Wetlands. 7. Adjournment Moved by Mayor Ryan Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 10:52 pm. Draft Planning & Development Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 14