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HomeMy WebLinkAboutDecember 5, 2016 Planning & Development Committee Agenda Monday, December 5, 2016 Council Chambers 7:00 pm Chair: Councillor Brenner For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. -Cit; P1CKER1NG Planning & Development Committee Agenda Monday, December 5, 2016 Council Chambers 7:00pm Chair: Councillor Brenner 2. 2. That Zoning By-law Amendment Application A 18/16, submitted by Altona Land Development Corporation to facilitate a residential common element condominium development consisting of 22 townhouse units on lands being Part of Lot 33, Range 3, BFC, be approved, and that draft Zoning By-law Amendment as set out in Appendix II to Report PLN 18-16 be 3. That Draft Plan of Subdivision Application SP-2015-08, submitted by Altona Land Development Corporation, on lands Part of Lot 33, Range 3, BFC, to establish a single development block to facilitate a common element condominium, as shown on Attachment #2 to Report PLN 18-16, and the implementing conditions of approval, as set out in Appendix Ill, be endorsed. (Acting) Director, City Development, Report PLN 19-16 Draft Plan of Condominium Application CP-2016-01 Zoning By-law Amendment Application A 5/16 Madison Liverpool Limited Block Q of Plan M-15, Parts 1 to 5, Plan WR74 (7 4 7 Liverpool Road) Recommendation 45-77 1. That Zoning By-law Amendment Application A 5/16, submitted by Madison Liverpool Limited, to facilitate a residential common element condominium development on lands being Block Q of Plan M-15, Parts 1 to 5, Plan WR74, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 19-16 be forwarded to Council for enactment; 2. That the community benefits to be provided by Madison Liverpool Limited through the bonusing provisions of Section 37 of the Planning Act R.S.O. 1990, for lands being Block Q of Plan M-15, Parts 1 to 5, Plan WR74, be approved as outlined in Report PLN 19-16, and included in the provisions of the implementing Zoning By-law; 3. That the Mayor and City Clerk be authorized to enter into a Section 37 agreement with Madison Liverpool Limited to secure the improvement of the Frenchman's Bay Ratepayers Memorial Park as outlined in Report PLN 19-16 prior to site plan approval, in accordance with Section 37 of the -Cit; Planning & Development Committee Agenda Monday, December 5, 2016 Council Chambers 7:00pm Chair: Councillor Brenner Pl KER1NG Planning Act R. S. 0. 1990, and on terms satisfactory to the Director, Corporate Services & City Solicitor, which agreement shall be registered 4. That a reserve fund entitled Section 37 be established to hold funds collected under Section 37 of the Planning Act R.S.O. 1990 for the improvement of the Frenchman's Bay Ratepayers Memorial Park. (II) Other Business (Ill) Adjournment --Cdp.of-- PJCKERJNG Report to Planning & Development Committee From: S~bject: Kyle Bentley (Acting) Director, City Development Report Number: PLN 18-16 Date: December 5, 2016 Official Plan Amendment Application OPA 15-005/P Zoning By-law Amendment Application A 18/15 Draft Plan of Subdivision Application SP-20 15-08 Draft Plan of Condominium Application CP-2015-03 Altona Land Development Corporation (Geranium Homes) Part of Lot 33, Range 3, BFC (1484 and 1498 Altona Road) Recommendation: 1. That Official Plan Amendment Application OPA 15-005/P, submitted by Altona Land Development Corporation, to re-designate the lands being Part of Lot 33, Range 3, BFC, from "Urban Residential Areas-Low Density Areas" to "Urban Residential-Medium Density Areas" to allow a common element condominium development consisting of 22 townhouse units, be approved, and that the draft by-law to adopt Amendment 28 to the Pickering Official Plan as set out in Appendix I to Report PLN 18-16 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 18/16, submitted by Altona Land Development Corporation to facilitate a residential common element condominium development consisting of 22 townhouse units on lands being Part of Lot 33, Range 3, BFC, be approved, and that draft Zoning By-law Amendment as set out in Appendix II to Report PLN 18-16 be forward to Council for enactment; and 3. That Draft Plan of Subdivision Application SP-2015-08, submitted by Altona Land Development Corporation, on lands Part of Lot 33, Range 3, BFC, to establish a single development block to facilitate a common element condominium, as shown on Attachment #2 to Report PLN 18-16, and the implementing conditions of approval, as set out in Appendix Ill, be endorsed. Executive Summary: The subject lands are located at the southwest corner of Altona Road and Twyn Rivers Drive, in the Rougemount Neighbourhood (see Location Map, Attachment #1 ). The applicant's is proposing to re-designate the subject lands from "Urban Residential Areas -Low Density Areas" to "Urban Residential Areas -Medium Density Areas" to facilitate a common element condominium development. The original concept plan consisted of 32 three-storey townhouse having a density of 44.4 units per net hectare (see Original Submitted Concept Plan, Attachment #4). 1 2 Report PLN 18-16 December 5, 2016 Subject: Altona Land Development Corporation (Geranium Homes) Page 2 In response to identified concerns, the applicant revised their proposal (see Revised Concept Plan, Attachment #7). The key revisions to their proposal include: • reducing the total number of units from 32 units to 22 units, resulting in a decrease in density from 44.4 units per net hectare to 32.1 units per net hectare • increasing the width for all townhouse units • accommodating 4 vehicle parking (2 spaces within a garage and 2 spaces on the driveway) for Townhouse Blocks 4 and 5 • reducing the building height for Townhouse Blocks 4 and 5 from 3 storeys to 2 storeys • providing a 3.0 metre wide municipal walkway from Richardson Street to St. Monica Catholic School and to Altona Road • increasing the minimum rear yard setbacks for Townhouse Blocks 4 and 5 • providing an outdoor amenity area and removing the parallel visitor parking spaces along the common element road In light of the revisions to the proposal, staff supports the proposed residential development as it is compatible with the surrounding residential community and implements the policies of the Official Plan. Accordingly, staff recommends that Council approve Official Plan Amendment Application OPA 15-005/P, Zoning By-law Amendment Application A 3/15, and Draft Plan of Subdivision SP-2015-02 and the related conditions of approval. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description The subject lands comprise 5 properties, with a combined area of approximately 0.73 of a hectare, located at the southwest corner of Altona Road and Twyn Rivers Drive, in the Rougemount Neighbourhood (see Location Map, Attachment #1 ). Altona Land Corporation has ownership of 4 properties and has requested to purchase the remaining property from the City of Pickering to consolidate all the lands into a single development block (see Ownership Map, Attachment #2). The subject lands currently support a detached dwelling fronting Altona Road. Mature trees are located along the west property line and along the southerly portion of the subject lands. Surrounding land uses include low density residential development consisting of 2 storey detached dwellings to the north, · south and east. St. Monica Catholic Elementary School is located immediately to the west (see Air Photo, Attachment #3). Report PLN 18-16 December 5, 2016 Subject: Altona Land Development Corporation (Geranium Homes) Page 3 1.2 Applicant's Proposal The applicant's is proposing to re-designate the subject lands from "Urban Residential Areas -Low Density Areas" to "Urban Residential Areas -Medium Density Areas" to facilitate a common element condominium development. The applicant's original proposal included a total of 32 three-storey townhouse units accessed from an internal private road with. vehicular access from Altona Road (see Original Submitted Concept Plan, Attachment #4). The original concept plan illustrated 5 townhouse blocks. Blocks 1, 2 and 3 were rear-loaded townhouse units fronting onto Twyn Rivers and Altona Road with vehicular access from the internal private road. The rear-loaded units provided for 2 internal parking spaces and 2 external driveway parking spaces. Blocks 4 and 5 were front-loaded townhouse units with pedestrian and vehicular access from the internal private road. Parking for the front loaded units were provided 1 internal parking space and 1 external driveway space. A total of 8 visitor spaces, a water meter room and a pedestrian connection to Altona Road were also illustrated on the original concept plan. In response to concerns and comments received from area residents, the applicant has submitted a revised concept plan (see Revised Concept Plan, Attachments #7). Specifically, the key changes to the proposal include: • total number of townhouse units have been reduce from 32 units to 22 units, resulting in a reduction in the site density from 44.4 units per net hectare to 32.1 units per net hectare • proposed townhouse Blocks 1, 2 and 3 have been widened from 5.8 metres to a minimum of 7.3 metres, and Blocks 4 and 5 have been widened from 6.0 metres to a minimum of 9.1 metres • Blocks 4 and 5 accommodate 4 vehicles (2 spaces within the garage and 2 spaces on the driveway) • building heights for Townhouse Blocks 4 and 5 have been reduced from 3 storeys to 2 storeys, and the building setbacks from the west property have also been increased by approximately 3.0 metres • a 3.0 metre wide public pedestrian connection has been provided from Richardson Street to St. Monica Catholic School and to Altona Road • an outdoor amenity area has been provided To facilitate the proposal, the applicant has submitted applications for revised Draft Plan of Subdivision and revised Draft Plan of Condominium. The purpose of the Draft Plan of Subdivision application is to create a single development block. This is a technical requirement to allow the applicant to create the privately owned parcels and the parcels for the common elements of the development through a process called "lifting part lot control" (see Revised Draft Plan of Subdivision, Attachment #8). 3 4 Report PLN 18-16 December 5, 2016 Subject: Altona Land Development Corporation (Geranium Homes) Page 4 The draft plan of condominium is to create the tenure of the parcels in the development. Common element features include, but are not limited to: the private road; the outdoor amenity area; visitor parking; community mailboxes; and water meter room (see Revised Draft Plan of Condominium, Attachment #9). 2. Comments Received 2.1 Open House Meetings, Public Information Meeting and Written Submissions An Open House meeting was held on February 18, 2016 to allow area residents to learn more about the proposal, as well as review and comment on the plans that the applicant has submitted. A total of 25 households were represented at this meeting. The Public Information Meeting was held on April 11, 2016 at which 34 households attended the meeting to voice their comments regarding the proposed residential development. Specifically the concerns identified are as follows: • commented that the proposal for 3 storey townhouse units on a private road is not consist with the surrounding large lot residential properties containing 2 storey detached dwellings • commented that the proposal is too dense for the existing low density residential neighbourhood • requested that the informal walkway to St. Monica Catholic Elementary School should be made into a permanent pedestrian connection with appropriate lighting to allow safe and convenient access to the school without having to walk along Altona Road and Twyn Rivers Drive • requested that garbage be collected from the internal private road for the townhouse units fronting Altona Road and Twyn Rivers Drive • requested that the existing mature trees, particularly along the west property line abutting the school should be protected • concerned that the increase in population will put a strain on the existing community facilities within the neighbourhood and negatively impact all of the existing residents • concerned about privacy for the abutting residents to the south and west as a result of the proposed 3 storey townhouse units • commented that the proposed townhouse blocks are sited too close to the abutting residential properties to the south and west • concerned that the proposal will result in increased traffic • concerned that the proposed retaining wall along the south property line may limit or preclude the abutting lands to the south from redeveloping in the future • commented that the proposal will decrease existing property values within the immediate community • requested that the speed limit on Altona Road be reduced to 50 km/h to better facilitate safe turning movements from the site • commented that red light cameras should be installed at the intersection of Altona Road and Twyn Rivers Drive Report PLN 18-16 December 5, 2016 Subject: Altona Land Development Corporation (Geranium Homes) Page 5 Subsequent to the above-noted Open House and Public Information meeting, a second Open House Meeting was held on November 3, 2016 to allow the area residents an opportunity to review and comment on the revisions to the proposal. Residents from approximately 17 households attended this meeting. A number of residents acknowledged some of the changes made by the applicant, but felt that the introduction of townhouse units on the subject lands was not consistent with the established character of the surrounding neighbourhood that consisted of wide lots (approximately 50 feet) with 2 storey detached dwellings. The following is a summary of the concerns and comments provided by the residents: • commented that the revised proposal for townhouse units is not consistent with the surrounding large lot residential properties consisting of detached dwellings • commented that the revised proposal remains too dense for the existing low density residential neighbourhood • commented that the community prefers existing zoning for 10 lots for detached dwellings • some residents were concerned that the proposed public walkway from Richardson Street to Altona Road is not warranted given that there is an existing pedestrian walkway from Richardson Street to Littleford Street, while other residents supported the additional pedestrian walkway to Altona Road • commented that the existing walkway from Richardson Street to Littleford Street is inadequately maintained • inquired whether the area residents can purchase the City-owned lands 2.2 City Departments and Agency Comments 2.2.1 Region of Durham • the Regional Official Plan (ROP) designates the subject lands as "Living Areas", which shall be used predominately for housing purposes • in accordance with Regional By-law 11-2000, the Official Plan Amendment application is exempt from Regional approval • the Stage 1 & 2 Archeological Assessment, prepared by Amick Consultants Limited, recommended no further archeological assessment be required • the Region will require the applicant to submit a Stage 1 & 2 Archeological Assessment to the Ministry of Culture, Tourism and Sport for their approval · and clearance • the Phase 1 and Phase 2 Environmental Site Assessment (ESA) reports, prepared by Golder Associates, meet the Ministry of the Environment and Climate Change's standards; therefore, the Region will not require a Record of Site Condition • sanitary sewer and municipal water supply is available to service the proposed development • the proposed development supports infill development within the urban area, consistent with the policies and direction of the ROP 5 6 Report PLN 18-16 December 5, 2016 Subject: Altona Land Development Corporation (Geranium Homes) Page 6 2.2.2 Durham Catholic District School Board • no objection to the proposal • the students generated from the proposed development will attend St. Monica Catholic Elementary School and St. Mary Catholic Secondary School 2.2.3 Durham District School Board • no objection to the proposal • the students generated from the proposed development can be accommodated within existing Durham District School Board facilities 2.2.4 Engineering and Public Works Department • no objection to the proposal • matters with respect to grading and drainage, tree preservation and protection, fencing details and requirements, stormwater management details and construction management requirements will be further reviewed through the Site Plan Approval process • the applicant is required to enter into a subdivision agreement with the City of Pickering concerning the provision and installation of roads, services, grading, drainage, easements, cost sharing, as well as securities and insurance · • on-site works prior to Draft Plan of Subdivision Approval will not be permitted, unless the City has issued a permit under the Fill and Topsoil Disturbance By-law · · 3. Planning Analysis 3.1 An amendment to the Official Plan to increase the density on the subject lands is required as a result of walkways being conveyed to the City A number of residents expressed concerns that the revised proposal is still too dense for the community. The City's Official Plan designates the subject lands as "Urban Residential Areas -Low Density Areas" within the Rougemount Neighbourhood. Lands within this designation are intended primarily for housing at a net residential density of up to and including 30 units per net hectare. The policies of the Official Plan state that City Council shall encourage a broad diversity of housing by form, location, size, tenure, and cost within the neighbourhoods and villages of the City, so that the housing needs of existing and future residents can be met as they evolve over time. As noted earlier, the applicant has reduced the total number of units from 32 units to 22 units, which translates to a gross density of 30.1 units per hectare. The City's Official Plan requires that density be calculated on the bas.is of net residential density, which excludes all lands to be conveyed to public ownership such as public roads, road widenings, and public walkways. Report PLN 18-16 December 5, 2016 Subject: Altona Land Development Corporation (Geranium Homes) Page 7 Due to the conveyance of the pedestrian walkways, the net developable area of the subject lands has been reduced, resulting in a slight increase in density of approximately 32.1 units per net hectare. Due to the conveyance of the pedestrian walkways to public ownership, an amendment to the City's Official Plan to re-designate the subject lands to Medium Density Residential is still required. The revised concept proposes a total of 22 units representing a 2.1 percent increase (1 additional unit) over the maximum density permitted by the Low Density designation of the Pickering Official Plan. Re-designating the subject lands to Medium Density with a maximum of 22 units is appropriate, and the introduction of townhouses into this neighbourhood will achieve Council's goal of creating communities with a broad range of housing form. 3.2 Revisions to the proposal achieve compatibility with the surrounding community Area residents also expressed that the proposed 3 storey townhouse units are not compatible with the existing 2 storey detached dwellings. In particular they identified privacy concerns due to the 3 storey building height, reduced rear yard setbacks for Blocks 4 ,and 5, and the loss of existing vegetation along the west property line. In evaluating the compatibility of new developmentproposals adjacent to established development, consideration is given to such matters as the proposed uses, arrangement of uses on the site, building height, building orientation, lot coverage, yard setbacks, access to sunlight, landscaping and screening, parking and traffic implications. · Staff has reviewed the revised proposal against these matters. As noted earlier, the total number of units have been reduced from 32 units to 22 units. The reduction in the overall number of units is a result of wider townhouse units, which will accommodate 2 garage parking spaces and 2 driveway parking spaces. In addition, the building heights for Townhouse Blocks 4 and 5, located closest to the existing residential development to the west, have been reduced from 3 storeys to 2 storeys, and the building setbacks from the west property line have been increased by approximately 3.0 metres. The reduction in building height along with an increase in rear yard setback addresses privacy concerns raised by area residents. The applicant explored opportunities to retain the existing trees along the west property line abutting the school and existing residences. Due to the requirement for a rear yard swale and appropriate privacy fencing, the preservation of the requested trees was not feasible. Staff will work with the applicant to identify opportunities to compensate for the loss of the existing trees with additional on-site tree planting. 7 8 Report PLN 18-16 December 5, 2016 Subject: Altona Land Development Corporation (Geranium Homes) Page 8 Some residents requested that the existing informal pedestrian pathway through the subject lands to St. Monica Catholic Elementary School be maintained. The revised concept plan illustrates a 3.0 metre wide pedestrian walkway from Richardson Street to St. Monica Catholic Elementary School and to Altona Road. These lands are intended to be conveyed to the City as public walkways and will become municipal walkways to be owned and maintained by the City. The proposed pedestrian walkways will formalize and provided a safe connection to St. Monica Catholic Elementary School for parents and students. Furthermore, the proposed walkways encourage walkability within the neighbourhood and gives pedestrian alternative choices for getting to their destination points. The revisions proposed by the applicant will ensure that the proposal is compatible with the existing community. · 3.3 The revised proposal will have minimal traffic impact on Altona Road and surrounding road network · A number of area residents expressed concerns regarding the impact of increase traffic levels that will result from the proposed development. To address this matter, the applicant has submitted a Transportation Review Report, prepared by BA Group, dated September 16, 2016 in support of the revised toncept plan. The revised report also included·additional traffic count surveys taken at peak hours during the school year. The conclusion of the Traffic Review indicated that the proposal will generate 15 to 17 two-way vehicle trips during the weekday morning and afternoon peak hours, respectively. However, during afternoon peak hours, the northbound queuing on Altona Road is expected to occasionally extend beyond the location of the proposed private road access to the development. Engineering Services have reviewed the submitted Traffic Review Report and are satisfied that the proposal will not have any operation impact on Altona Road or the intersection of Altona Road and Twyn Rivers. 3.4 Technical matters will be addressed as conditions of subdivision approval and through site plan approval To ensure appropriate development, the City, Region and agency requirements have been imposed as conditions of approval for the subdivision application. The conditions of approval set out in Appendix Ill to this Report, address these (and other) matters. It is recommended that Council endorse these conditions. Report PLN 18-16 December 5, 2016 Subject: Altona Land Development Corporation (Geranium Homes) Page 9 Additionally, the development will be subject to site plan approval. Technical matters to be further addressed include, but are not limited to: • construction management/erosion and sediment control • stormwater management • noise mitigation measures including erection of a noise attenuation fence and noise warning clauses • on-site grading • site servicing • landscaping • street tree planting along the internal private road and along Altona Road and Twyn Rivers • tree compensation • payment of cash-in-lieu of parkland dedication • architectural control 3.5 Draft Approval of Draft Plan of Condominium is delegated to Director, City Development The proposal is to be developed as a common element condominium which refers to a development where each dwelling unit is individually owned (freehold ownership), and where amenities or physical features are collectively owned and maintained by the unit owners as tenants in common. Common element features include, but are not limited to, the internal private road, sidewalks, visitor parking areas, community mailboxes, and the water meter room. In accordance with Council Policy and Delegation By-law 7306/13, the Director, City Development has the authority to grant draft plan approval for plans of condominium. Therefore, no further approvals are required from City Council. 3.6 Staff support the proposed Official Plan Amendment and recommend that a zoning by-law amendment be finalized and forwarded to Council for enactment Based on the revised concept plan, staff supports the site specific Official Plan · Amendment to re-designate the subject lands from Low Density Areas to Medium Density Areas, with a maximum of 22 residential units, and recommends that the By-law to adopt Amendment 28 be forwarded to Council for enactment (see Appendix 1). The applicant is requesting to rezone the subject lands from a "S3" Single Detached 3 zone to an appropriate residential zone category to facilitate the proposal. Staff supports the rezoning application and recommends that the site specific implementing by-law, containing the standards outlined in Appendix II, be forwarded to Council for enactment. 3. 7 Applicant's Comments The applicant has been advised of the recommendations of this report. 9 Appendix I to Report PLN 18-16 Draft By-law to Adopt Amendment 28 to the Pickering Official Plan for Official Plan Amendment Application OPA 15-005/P 11 Exhibit "A" to By-law ___ _ Recommended Amendment 28 to the City of Pickering Official Plan 13 14 Purpose: Location: Basis: Actual Amendment: Amendment 28 to the Pickering Official Plan The purpose of this amendment is to re-designate the lands located at the southwest corner of Altona Road and Twyn Rivers Drive from "Urban Residential Areas -Low Density Areas" to "Urban Residential Areas -Medium Density Areas" to facilitate a residential common element condominium development, and to add· a new policy to the Rougemount Neighbourhood policies restricting the maximum number of residential units. The amendment affects the lands located at the southwest corner of Altona Road and Twyn Rivers Drive described as Range 3, Part Lot 33, 40R-29042 Parts 1 and 2, Plan 40M-1515 Blocks 85, 86, 90 and Part Blocks 84, 94, 95 Except 40R-25893 Parts 3 and 5 and 40R-28842 Parts 1 to 4, City of Pickering. Through the review of Official Plan Amendment Application 15-005/P, Zoning By-law Amendment Application A 18/15, Draft Plan of Subdivision SP-2015-08 and Draft Plan of Condominium CP-2015-03, the City requested that the pedestrian walkways from Richardson Street to St. Monica Catholic Elementary School and to Altona Road be conveyed to public ownership. As a result, the net developable area of the subject lands has been reduced, resulting in a residential density of approximately 32.1 units per net hectare that is slightly higher than the maximum permitted density of 30 units per net he.ctare in the Low Density Areas designation. The Amendment facilitates a development that is compatible with the surrounding community, and an appropriate infill project in Pickering's urban area. The Amendment is consistent with the policies of the Provincial Policy Statement 2014, and conforms to the Growth Plan for the Greater Golden Horseshoe and the Durham Regional Official Plan. This amendment to the Pickering Official Plan to permit a site specific exception by re-designating the subject lands from "Urban Residential Areas-Low Density Areas" to "Urban Residential Areas -Medium Density Areas", with a maximum 22 units permitted, is appropriate, complies with the general intend of the Official Plan and is aligned with Provincial policies ' ' The City of Pickering Official Plan is hereby amended by: 1. Amending Schedule I -Land Use Structure by replacing the "Urban Residential Areas-Low Density Areas" designation with "Urban Residential Areas -Medium Density Areas" designation for lands located at the southwest corner of Altona Road and Twyn Rivers Drive, as illustrated on Schedule 'A' attached to this amendment; Implementation: Interpretation: OPA 15-005/P A 18/15 SP-2015-08 CP-2015-03 2. Revising Section 11.7, Rougemount Neighbourhood policies, in Chapter Eleven, Urban Neighbourhoods, by moving the word "and" at the end of subsection (d) to the end of subsection (e), and adding a new subsection (f) to read as follows: "(f) despite Table 6 of Chapter Three-Land Use, permit a maximum of 22 residential units on the lands located at the southwest corner of Altona Road and Twyn Rivers Drive that are designated "Urban Residential Areas -Medium Density Areas." The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. The numbering of the policy sections in this amendment is subject to change in accordance with the sequencing of approvals. The provisions set forth in the.City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. Altona Land Development Corporation 15 Recommended Draft Zoning By-law Appendix II to Report PLN 18-16 for Zoning By-law Amendment Application A 18/15 17 18 The Corporati , By-1 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Range 3, Part Lot 33, 40R-29042 Parts 1 and 2, Plan 40M-1515 Blocks 85, 86, 90 and Part Blocks 84, 94, 95 Except 40R-25893 Parts 3 and 5, and 40R-28842 Parts 1 to 4, City of Pickering (A .18/15) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Range 3, Part Lot 33, 40R-29042 Parts 1 and 2, Plan 40M-1515 Blocks 85, 86, 90 and Part Blocks 84, 94, 95 Except 40R-25893 Parts 3 and 5, and 40R-28842 Parts 1 to 4 in the City of Pickering to permit a common element condominium development; And whereas an amendment to Zoning By-law 3036, as amended, is required to permit such uses; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands on Range 3, Part Lot 33, 40R-29042 Parts 1 and 2, Plan 40M-1515 Blocks 85, 86, 90 and Part Blocks 84, 94, 95 Except 40R-25893 Parts 3 and 5, and 40R-28842 Parts 1 to 4 in the City of Pickering, designated "MD-H14" and "MD-H15" on Schedule I attached hereto. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) "Air Conditioner'' means any mechanical equipment which is required for residential domestic use and which must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. Recommended Conditions of Approval for Draft Plan of Subdivision SP-2015-08 Appendix Ill to Report PLN 18-16 27 28 General Conditions Recommended Conditions of Approval for Draft Plan of Subdivision SP-2015-02. 1 . That the Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Malone Given Parsons, dated December 17,2015, revised September 14, 2016, identified as Range 3, Part Lot 33, 40R-29042 Parts 1 and 2, Plan 40M-1515 Blocks 85, 86, 90 and Part Blocks 84, 94, 95 Except 40R-25893 Parts 3 and 5, and 40R-28842 Parts 1 to 4, which illustrates one development block, one block to be conveyed to the City of Pickering, two blocks for 0.3 metre reserves, and one block for a retaining wall. Subdivision Agreement 2. That the Owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City's requirements,. financial and otherwise, which shall include, but not necessarily be limited to the conditions outlined in this document. 40M-Pian 3. That the Owner submits a Draft 40M-Pian to the satisfaction of the City Development Department. Zoning 4. That the implementing by-law for Zoning By-law Amendment Application A 18/15 becomes final and binding. Street Names 5. That street names and sign age be provided to the satisfaction of the Region and the City. Development Charges & Inspection Fee 6. That the Owner satisfies the City financially with respect to the Development Charges Act. 7. That the Owner satisfies the City for contributions for development review and inspection fees. Stormwater 8. That the Owner satisfies the Director, Engineering Services respecting the stormwater drainage and management system to service all the lands in the subdivision, and any provision regarding easements. Recommended Conditions of Approval Page2 (SP-2015-08-Altona Land Development Corporation) 9. That the Owner satisfies the Director, Engineering Services for contributions for stormwater management facilities maintenance fees. 10. .That the Owner agrees to cost sharing for downstream stormsewer oversizing and/or quality control measures will be addressed in the subdivision agreement. 11. That the Owner satisfies the Director, Engineering Services that all stormwater management facilities, and erosion and sedimentation control structures are operating, and will be maintained and in good repair during the construction period. Grading 12. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a grading control plan. 13. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a geotechnical soils analysis. 14. That the Owner satisfies the Director, Engineering Services respecting authorization from abutting landowners for all off-site grading. 15. That the Owner obtains authorization from the Region of Durham for grading within the Altona Road right-of-way. Fill & Topsoil 16. That the Owner acknowledges that the City's Fill & Topsoil Disturbance By-law prohibits vegetation or soil disturbance, vegetation or soil removal or importation to the site unless a permit has been issued. No on-site works prior to draft plan approval is permitted. A Fill & Topsoil Disturbance Permit will be required should vegetation removal or grading works proceed prior to the subdivision agreement being executed. Construction/Installation of City Works & Services 17. That the Owner satisfies the Director, Engineering Services respecting the construction of roads, storm sewers, sidewalks and boulevard designs through a site servicing plan. 18. That the Owner satisfies the City respecting arrangements for the provision of all services required by the City. 19. That the Owner satisfies the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services. 29 30 Recommended Conditions of Approval Page 3 (SP-2015-08-Altona Land Development Corporation) 20. That the Owner agrees that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Owner. Dedications/Transfers/Conveyances . 21. That the Owner conveys to the City, at no cost: (i) Block 2 for public walkway purposes Purchase of City owned lands 22. That the Owner shall acquire and merge the City owned parcel, legally described as Part of Block 84, 94, 95 and all of Block 90, Plan 40M-1515, being Parts 1 to 4 on 40R-28842, with the balance of the lands within the draft plan of subdivision prior to final approval of the draft plan. Easements 23. That the Owner conveys to the City, at no cost, any easements as required and any reserves as required by the City. 24. That the Owner conveys any easement to any utility provider to facilitate the installation of their services in a location( s) to the satisfaction of the City and the utility provider. 25. That the Owner arranges, at no cost to the City, any easements required on third party lands for servicing, and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request any time after draft approval. 26. That the Owner satisfies the Director, Engineering Services with any required easement for works, facilities or use rights that are required by the City. Construction Management Plan 27. That the Owner makes arrangements with the City respecting a construction management plan, such Plan to contain, among other matters: (i) · details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls as per the City's Erosion & Sediment Control Guideline for Urban Construction; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on existing streets, proposed public streets, or the right-of-way to abutting properties along Richardson Street or Altona Road; Recommended Conditions of Approval Page 4 (SP-2015-08-Altona Land Development Corporation) (iii) assurance that the City's Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing and existing trees to be retained; (vi) location of construction trailers; and (vii) details of the temporary construction access. Fencing 28. That the Owner satisfies the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works. 29. That the Owner agrees to install a 1.8 metre high board-on-board wood privacy fence along the south and west property lines abutting existing residential. Landscaping 30. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a street tree-planting plan. 31. That the Owner satisfies the Director, City Development with the submission of a tree preservation plan which will illustrate the protection of trees and other natural features where appropriate, with specific attention to preservation in all public open spaces prior to the approval of a preliminary grading plan. Tree Compensation 32. That the Owner agrees that prior to final approval of the draft plan, or any phase thereof, compensation for the loss of tree canopy will be required either through cash-in-lieu and/or replanting. Compensation will be required for the removal of trees numbers 470, 474 to 478, 486, 487, 489, 491 and 492 as they have a caliper of 15 em or greater. Where replanting is considered, the applicant will be required to provide four copies of a Landscape Plan/Replanting Plan to the satisfaction of the Engineering Services Department illustrating the required 28 new tree plantings. Should the site not provide adequate space for the planting of all 28 trees, cash-in-lieu will be required at a cost of $500 per tree. Engineering Plans 33. That the Owner ensures that the engineering plans are coordinated with the streetscape/siting and architectural control statement, and further, that the engineering plans coordinate the driveway, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/siting and architectural control guidelines can be achieved. 31 32 Recommended Conditions of Approval Page 5 (SP-2015-08-Altona Land Development Corporation) 34. That the Owner satisfies the City respecting the submission of appropriate engineering drawings that detail, among other things: City services; roads; storm sewers; sidewalks; lot grading; streetlights; fencing and tree planting; and financially-secure such works. Noise Attenuation 35. That the Owner satisfies the requirements of the Ministry of Environment regarding the approval of a noise study recommending noise control features to the satisfaction of the Region of Durham and the City of Pickering. 36. That the Owner agrees in the subdivision agreement to implement noise control measures and warning clauses as recommended in the noise report as approved by the City of Pickering. Parkland Dedication 37. That the Owner satisfies the City with respect to the payment of cash-in-lieu in accordance with the parkland dedication requirements of the Planning Act. Fire 38. That the Owner agrees that no development will proceed on any land until adequate services are available including adequate water pressure to the satisfaction of the City's Fire Services Department. Model Homes 39. That the Owner enters into a model home agreement with the City, if applicable for this draft plan. All model homes must satisfy all requirements of the siting and architectural design statement. ' Canada Post 40. That the Owner, through the approval of the Utility Coordination Plan for the location, enters into an agreement with Canada Post Corporation for the . provision of a Community Mailbox including technical specifications, notice requirements and financial terms. 41. That the Owner agrees to determine and provide a suitable temporary Community Mailbox location, if required, to the satisfaction of the City. Other Approval Agencies 42. That any approvals which are required from the Region of Durham or any utility for the development of this plan be obtained by the Owner, and upon request written confirmation be provided to the City as verification of these approvals. Recommended Conditions of Approval Page 6 (SP-2015-08-Altona Land Development Corporation) Plan Revisions 43. That the Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of approval may require revisions, to the satisfaction of the City, to implement or integrate any recommendation resulting from studies required as conditions of approval. 44. That the Owner revises the draft plan, as necessary to the satisfaction of the City, to accommodate any technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include revising the number of residential building lots or reconfiguring the roads or lots to the City's satisfaction. 45. That the Owner agrees to implement the requirements of all studies that are required by the City for the development of this draft plan of subdivision to the satisfaction of the City. 33 ~C4Jof­ PJCKERJNG Report to Planning & Development Committee Report Number: PLN 19-16 Date: December 5, 2016 From: Subject: Kyle Bentley (Acting) Director, City Development Draft Plan of Condominium Application CP-2016-01 Zoning By-law Amendment Application A 5/16 Madison Liverpool Limited Block Q of Plan M-15, Parts 1 to 5, Plan WR7 4 (7 4 7 Liverpool Road) Recommendation: 1. That Zoning By-law Amendment Application A 5/16, submitted by Madison Liverpool Limited, to facilitate a residential common element condominium development on lands being Block Q of Plan M-15, Parts 1 to 5, Plan WR74, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 19-16 be forwarded to Council for enactment; 2. That the community benefits to be provided by Madison Liverpool Limited through the bonusing provisions of Section 37 of the Planning Act R.S.O. 1990, for lands being Block Q of Plan M-15, Parts 1 to 5, Plan WR74, be approved as outlined in Report PLN 19-16, and included in the provisions of the implementing Zoning By-law; 3. That the Mayor and City Clerk be authorized to enter into a Section 37 agreement with Madison Liverpool Limited to secure the improvement of the Frenchman's Bay Ratepayers Memorial Park as outlined in Report PLN 19.,.16 prior to site plan approval, in accordance with Section 37 of the Planning Act R. S. 0. 1990, and on terms satisfactory to the Director, Corporate Services & City Solicitor, which agreement shall be registered against title to the subject lands; and 4. That a reserve fund entitled Section 37 be established to hold funds collected under Section 37 of the Planning Act R.S.O. ·1990 for the improvement of the Frenchman's Bay Ratepayers Memorial Park. Executive Summary: Madison Liverpool Limited has submitted applications for Zoning By-law Amendment and Draft Plan of Condominium for the development of a common element condominium on lands located on the east side of Liverpool Road, north of Commerce Street, in the Bay Ridges Neighbourhood (see Location Map, Attachment #1 ). These lands were the site of the Holy Redeemer Catholic Elementary School, which was officially closed in December 2015, and the building was demolished early in 2016. The applicant originaiJy proposed a total of 71 units consisting of 14 detached dwellings, and 57 townhouse units accessed from an internal private road (see Original Submitted Concept Plan, Attachment #2). · 45 46 Report PLN 19-16 December 5, 2016 Subject: Madison Liverpool Limited Page 2 In response to identified concerns, the applicant revised their proposal (see Revised Concept Plan, Attachment #6). The key revisions to their proposal include: • reducing the total number of units from 71 units to 67 units • reducing the height of the detached dwellings from 3 storeys to 2 storeys • widening the detached dwellings to accommodate 4 vehicles (2 vehicles within a garage and 2 vehicles on the driveway) • closing the privately owned walkway to Foxglove Avenue and conveying a portion of the walkway to the abutting landowners • removing the retaining walls along most of the property line. that is shared with the adjacent Frenchman's Bay Ratepayers Memorial Park, and • providing an accessible walkway to the park The applicant is requesting the use of the Bonus Zoning policies of the Official Plan, which allow City Council to permit an increase in density not exceeding 25 percent of the permitted density in return for the provision of specific services, facilities or matters. The applicant is proposing a 17.2 percent increase (or an equivalent of 10 units) over the permitted maximum density of 30 units per net hectare. In return for the increased density, the applicant is proposing to enhance the adjacent Frenchman's Bay Ratepayers Memorial Park, which park is operated by the City pursuant to a long term lease. Staff supports the revisions to the original proposal. The reduction in the total number of units, the reduction in the height of the detached dwellings, widening the detached dwellings to provide additional vehicular parking, and additional landscaping opportunities along the east property line . will ensure that the residential development will be compatible with the surrounding area. In addition, the enhancement of the park is appropriate and will benefit the surrounding community. Accordingly, staff recommends that the site specific amending by-law as set out in Appendix I, be approved and forwarded to Council for enactment. As required by the Bonus Zoning policies, the implementing zoning by-law will specify the amount of the cash contribution the applicant is to provide to the City for the park enhancement, and the requirement for an agreement, to be registered on title, between the owner and the City specifying the density increase and the benefit provided. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. The applicant is requesting the use of the Bonus Zoning policies of the Official Plan for increased density in return for a $275,000.00 contrib.ution to be used to enhance the adjacent Frenchman's Bay Ratepayers Memorial Park. 1. Background 1.1 Property Description The subject lands are located on the east side of Liverpool Road, north of Commerce Street, in the Bay Ridges Neighbourhood (see Location Map, Attachment #1 ). The subject lands have an area of approximately 1.9 hectares with approximately 110 metres of frontage along Liverpool Road. The lands were the site of the Holy Redeemer Catholic Report PLN 19-16 Subject: Madison Liverpool Limited December 5, 2016 Page 3 Surrounding land uses include low density residential development consisting of detached and semi-detached dwellings and townhouse units in the form of bungalows, and one-and-a-half storey and two-storey dwellings. Abutting the subject lands to the south is the City maintained Frenchman's Bay Ratepayers Memorial Park, a single-storey office building and two detached dwellings fronting Liverpool Road. 1.2 Applicant's Proposal The applicant proposes to develop the subject lands for a residential common element condominium. The original proposal included a total of 71 units consisting of 14 detached dwellings, and 57 townhouse units accessed from an internal private road (see Original Submitted Concept Plan, Attachment #2). Vehicular access to the development is from Liverpool Road, which will be aligned with Ilona Park Drive. All buildings were proposed to be 3 storeys in height with flat roofs (see Original Submitted Conceptual Elevations, Attachments #3, #4, and #5). - Based on comments received from City staff, agencies and area residents, the applicant has made a number of revisions to the original proposal. The following are the revisions to the original concept plan (see Revised Concept Plan, Attachment #6, and Revised Submitted Conceptual Elevation -Single Detached Dwelling, Attachment #7): • reduced the total number of units from 71 units to 67 units • reduced the number of detached dwellings from 14 units to 10 units (the number of townhouse units remain unchanged at 57 units) • reduced the height of the detached dwellings from 3 storeys to 2 storeys • increased the width of the detached dwellings to accommodate 4 vehicles (2 spaces within the garage and 2 spaces on the driveway) · • closed the privately owned pedestrian walkway to Foxglove Avenue and a portion of the lands are intended to be conveyed to the adjacent landowners • reduced the front yard setback of the townhouses fronting onto Liverpool Road from 6.0 metres to 4.5 metres • revised the townhouses that abut the Frenchman's Bay Ratepayers Memorial Park to have walkouts to the rear yards eliminating the need for retaining walls along most of the shared property line • provided an accessible pedestrian walkway to the park The revised proposal retains the proposed detached dwellings backing onto existing detached dwellings along Foxglove Avenue and Commerce Street; preserves a 4.5 metre wide buffer area along the eastern property line to maintain privacy for the adjacent residential lots fronting Hewson Drive and retains the required visitor parking rate of 0.25 spaces per unit. 47 48 Report PLN 19-16 Subject: Madison Liverpool Limited The proposed minimum lot frontage and unit sizes are as follows: December 5, 2016 Page 4 Lot Frontage (minimum) Unit Sizes Original Revised Original Revised Proposal Proposal Proposal Proposal Detached 9.4 metres 13.2 metres 203-226 252 square dwellings square metres metres Townhouses 6.0 metres 6.0 metres 177-200 177-200 square metres square metres The revised concept proposing a total of 67 units is a 17.2 percent increase over the maximum density permitted by the Low Density designation of the Pickering Official Plan. The applicant is requesting the use of the Bonus Zoning policies of the Official Plan, which allow City Council to permit an increase in height or density in return for the provision of specific services, facilities or matters. The community benefit proposed by the applicant is the enhancement of the Frenchman's Bay Ratepayers Memorial Park, which is adjacent the subject lands to the south. The City operates the park pursuant to a long term lease. 2. Comments Received 2.1 May 17, 2016 Open House; June 20, 2016 Public Information Meeting and Written Submissions An Open House meeting was held on May 17, 2016 at the East Shore Community Centre to allow area residents an opportunity to learn about the proposal, as well as review and comment on the plans that the applicant has submitted. Approximately 22 households were represented at the meeting. The Public Information Meeting was held on June 20, 2016 at which 37 households attended to voice their comments regarding the proposed development. The following is a summary of key concerns and comments: • commented that the proposal is too dense for the surrounding neighbourhood and that the proposed 3 storey dwelling units are not compatible with the abutting single-storey detached dwellings • concerned about privacy for the abutting residents as a result of the proposed 3 storey units and second-storey balconies in the rear yard, and requested that balconies in the rear yard not be permitted • commented that the proposed contemporary architectural design of the proposed dwelling units is not in keeping with the nautical theme along Liverpool Road • concerned that the proposal will result in increased traffic and will further aggravate the existing traffic congestion on Liverpool Road • requested that the submitted transportation brief be revised to consider traffic generated from summertime activities at the waterfront Report PLN 19-16 December 5, 2016 Subject: Madison Liverpool Limited Page 5 • concerned that two parking spaces per dwelling unit is insufficient for the size of the proposed dwelling units • concerned that the proposed number of visitor parking spaces is insufficient to support the development and visitor parking will spill over to adjacent roads • concerned that the pedestrian walkway to Foxglove Avenue will facilitate parking to spill over onto Foxglove Avenue • requested that the proposed retaining wall along the south property line abutting the park be reduced . • requested that the Foxglove Avenue walkway be closed and graded at the developer's cost, and the lands conveyed to the abutting two property owners 2.2 City Departments & Agency Comments 2.2.1 Region of Durham • the Regional Official Plan (ROP) designates the subject lands as "Living Areas"; lands within this designation shall be used predominantly for housing purposes and incorporate a variety of housing types, sizes and tenures • the proposed development is permitted by the ROP as it supports infill development, provides an alternative housing stock and is consistent with the policies and direction of the ROP • the Region has no objection to draft approval of the condominium plan subject to the Conditions of Draft Approval for the Condominium provided by the Region • prior to final approval, the Region will require that the Ministry of Culture, Tourism and Sport provide a letter clearing the Stage 1 & 2 Archeological Assessment • staff have reviewed the Phase 1 and Phase 2 Environmental Site Assessment reports, prepared by CCI Group, and acknowledge that a Record of Site Condition was filed with the Ministry of the Environment and Climate Change, as such the Region will require no further information or studies • sanitary sewer and municipal water supply is available to service the proposed development 2.2.2 City of Pickering Engineering & Public Works Department • no objection to the proposal • matters with respect to grading and drainage, tree preservation and protection, fencing details and requirements, and stormwater management requirements will be further reviewed through the Site Plan Approval process • the applicant will be required to enter into a development agreement with the City for all offsite works 2.2.3 Durham District School Board • no objection to the development proposal • approximately 27 elementary students could be generated from the proposed development • the proposed development is within the boundary area of Sir John A. Macdonald Public School and Pine Ridge Secondary School 49 50 Report PLN 19-16 December 5, 2016 Subject: Madison Liverpool Limited 2.2.4 Durham Catholic District School Board • no objection to the development proposal • approximately 11 elementary students could be generated from the proposed development Page 6 • the proposed development is within the boundary area of Father Fenlon Catholic Elementary School and St. Mary Catholic Secondary School 3. Planning Analysis 3.1 Revisions to the proposal address various concerns identified by area residents and achieves compatibility with the surrounding community The applicant has revised the proposal to address a number of concerns raised by the community and comments provided by the City and agencies. The revised concept plan continues to propose detached dwellings backing onto existing detached dwellings along Foxglove Avenue and Commerce Street. In addition to ·widening the proposed detached dwellings to accommodate for 2 garage parking spaces and 2 driveway parking spaces, the applicant has reduced the height of these dwellings from 3 storeys to 2 storeys (approximately 9.0 metres in height) creating a compatible relationship between the proposed and existing detached dwellings along Foxglove Avenue, Hewson Drive and Commerce Street. The reduction in height of the proposed dwellings also addresses privacy concerns raised by the area residents. The location of the townhouse units will have minimal adverse impact on the surrounding community. Townhouse blocks are located within the interior of the site, adjacent the Frenchman's Bay Ratepayers Memorial Park and fronting Liverpool Road. As noted above, ·the applicant has reduced the front yard setbacks for the townhouse units fronting Liverpool Road from 6.0 metres to 4.5 metres. The reduced setbacks will not impact the existing residences on the west side of Liverpool Road with respect to privacy and shadowing. The reduced building setbacks will further enhance the streetscape and create a pedestrian friendly environment along Liverpool Road. Also included in the revisions is the closing of the privately owned walkway to Foxglove Avenue. The applicant has advised that they will regrade the lands at their expense and convey it to the abutting two property owners. Closing the walkway addresses residents' concerns of overflow visitor parking on adjacent streets. Report PLN 19-16 Subject: Madison Liverpool Limited December 5, 2016 Page 7 To reduce privacy impacts for the residences fronting Hewson Drive, a 4.5 metre wide landscaped buffer area has been provided along the east property line. In addition, the side yard setback of the most northerly townhouse unit fronting onto Liverpool Road has been slightly increased to assist in the preservation of a mature tree. Residents expressed concerns over the loss of privacy if second-storey balconies were permitted and requested that balconies in the rear yards of the detached dwellings not be permitted. Staff recommend that the draft by-law (see Appendix I Draft Implementing Zoning By-law) prohibit rear balconies above the first floor on the detached dwellings. The applicant has worked with City staff to respond to the various concerns identified by area residents. The reduction in the total number of units, the reduction in the height of the detached dwellings, widening the detached dwellings to provide additional vehicular parking, and additional landscaping opportunities along the east property line will ensure the proposal is compatible with the surrounding area. 3.2 The proposal will have minimal traffic impact effects on the operation of Liverpool Road and surrounding road network To address concerns raised by area residents related to traffic volumes generated by the recreational and commercial attractions at the waterfront, the applicant's traffic consultant undertook additional traffic counts at the intersection of Liverpool Road and Commerce Street during the 2016 summer period around the evenings of the Waterfront Concert Series. A revised Transportation Brief, prepared by Stantec, dated August 24, 2016 was submitted that reviewed both the characteristics and operations of the existing transportation network serving the subject site, and investigated summer traffic conditions. The revised Brief found that from a transportation perspective, the former school use represented a more intense form of development than the proposed residential development having more noticeable impacts on the existing street system, including higher volumes of pedestrian crossing traffic. The table below compares the potential peak hour trip generation by the former elementary school and the revised residential development, which illustrates that the former school generated greater traffic than the proposed residential land use during peak hours: Vehicle Trips land Use AM Peak Hour PM Peak Hour (8-9 AM) (4:30 -5:30 PM) Proposed Residential Development (57 Townhouse 33 40 Units & 10 Detached Dwellings) Former Elementary School 184 61 ( 409 Students) 51 52 Report PLN 19-16 December 5, 2016 Subject: Madison Liverpool Limited Page 8 The revised Brief concluded that the proposed development does not require any road or traffic control improvements at the proposed site access or on Liverpool Road. The main conclusions of the Brief included that: • existing weekday peak hour traffic conditions on Liverpool Road in the vicinity of the · subject site are characterized by relatively low traffic volumes that are well within capacity • the proposed development will have negligible impact on traffic operation on Liverpool Road, and will have less of a traffic impact compared to the former elementary school use on the site, and • the area intersections will continue to operate at good levels of service with the additional traffic generated by the recreational and commercial attractions at the waterfront Engineering Services have reviewed the revised Traffic Brief and concur that the proposal will not have an operational impact on Liverpool Road. 3.3 Revisions are proposed to the enhancements of the Frenchman's Bay Ratepayers Memorial Park to address area residents' concerns Area residents expressed a number of concerns with the applicant's original proposed enhancements to the Frenchman's Bay Ratepayers Memorial Park. They were concerned that the parking area proposed would be used for parking by the residents of the new development. It was also suggested that the City explore ways to reduce the proposed retaining wall along the south property line abutting the park, and to provide a pedestrian walkway to the park. In response to comments received from area residents, City staff propose a redesign of the park that addresses many of the concerns. Changes include the removal of the soccer pitch and associated parking area, provision of an accessible pedestrian walkway to and through the park, and removal of the retaining wall for most of the property line shared with the park. The revised park design also includes walkways, play structures, a gazebo, seating areas, and a multi-use court (see Revised Conceptual Park Redevelopment Plan, Attachment #9). The applicant supports the revised park plan. The applicant's proposal to reprogram and enhance the Frenchman's Bay Ratepayers Memorial Park will benefit the surrounding community as well as the broader residential community. Enhancement of the park will allow the provision of programmed outdoor space for the existing and future residents of the Bay Ridges community. 3.4 The applicant's request meets the Bonus Zoning provisions of the Official Plan The Bonus Zoning provisions of the Pickering Official Plan permit City Council to pass by-laws that grant an increase in height of a building or an increase in density not exceeding 25 percent of the density permitted by the Official Plan providing: • the density (or height) bonus is given only in return for the provision of specific services, facilities or matters as specified in the by-law Report PLN 19-16 December 5, 2016 Subject: Madison Liverpool Limited Page 9 • the surrounding areas experiencing the increased density benefit from the positive impacts of the exchange • the effects of the density bonus are in conformity with the general intent of the Official Plan, and • as a condition of granting a density or height increase, the owner enter into an agreement with the City that is registered on title and addresses the provision and timing of the benefit provided The applicant's revised proposal of 67 units is a 17.2 percent increase over the permitted maximum density of the of "Urban Residential Areas-Low Density Areas" designation of 30 units per net hectare. In return for the increased density, which will permit an additional 1 0 units, the applicant proposes to provide a cash contribution for the enhancement of the adjacent Frenchman's Bay Ratepayers Memorial Park. City staff recommend that the City undertake the construction to rebuild the park to achieve cost savings, reduce administrative and design costs, and to have more control over timing for the completion of the park for late 2017. Based on a review of the bonus zoning best practices of 13 municipalities, staff propose that the applicant's contribution be determined as a reasonable portion of the increased value resulting from the increased density. The increased value can be determined as the difference in the price paid by the applicant for the property at the end of 2015 and the property value resulting from the increased density. Several municipalities including Mississauga, Ottawa and Vaughan use a range of 20 to 35 percent of the increase in land value to determine the applicant's contribution. This range has attained a level of acceptance within the development industry. The cost for the City to construct the staff's redesign of the park is estimated to be $275,000.00 including contingencies or approximately 23.4 percent of the increase in land value, which is within the range generally accepted by the industry. As required by the Official Plan Bonus Zoning policies, it is recommended that the · implementing zoning by-law specify that: • the applicant provide a cash contribution to the City in the amount of $275,000.00 for the capital improvement to the park, and • the required agreement between the owner and the City will be registered on title of the subject lands and will specify the amount of the capital cash contribution provided by the applicant, and the improvements to be undertaken with the contribution money As noted above, the enhancements to the park will address comments made by the public and provide opportunities for passive and active park activities that will be enjoyed by the immediate surrounding community. Staff intend to develop, for Council's consideration, a policy and associated procedures for the approach described above to implement the Bonus Zoning policies of the Pickering Official Plan. 53 54 Report PLN 19-16 December 5, 2016 Subject: Madison Liverpool Limited Page 10 3.5 The proposal provides an opportunity for an improved Liverpool Road streetscape as envisioned by the Liverpool Road Waterfront Node Development Guidelines The Liverpool Road Waterfront Node Development Guidelines envision streetscape improvements along Liverpool Road across the front of the proposed development that consist of wider sidewalks, banners, hanging flower baskets, tree planning and traffic calming measures. To achieve a stronger streetscape as envisioned by the Guidelines, City staff requested that the front yards for the townhouse units fronting Liverpool Road be slightly reduced. Through the Site Plan Approval process, staff will further review the proposed elevations and landscaping along Liverpool Road to ensure the policies of the Guidelines are implemented. 3.6 All Technical Matters will be addressed through the Site Plan Approval Process The development will be subject to site plan approval. A site plan application has been received and is under review. Technical matters to be addressed through site plan approval will include, but not limited to: • construction management/erosion and sediment control • access • stormwater management • noise mitigation measures including noise warning clauses • on-site grading • site servicing • fencing • building material details • exterior lighting • payment of cash-in-lieu of parkland dedication • landscaping • street tree planting along the internal private road and the boulevard • architectural control • any other City and agency requirements 3.7 Draft Approval of Draft Plan of Condominium is delegated to Director, City Development The proposal is to be developed as a common element condominium which refers to a development where each dwelling unit is individually owned (freehold ownership), and where amenities or physical features are collectively owned and maintained by the unit owners as tenants in common. The common element features include, but are not limited to, the internal private road, sidewalks, visitor parking areas, community mailboxes, and the water meter room (see Revised Draft Pan of Condominium, Attachment #8). As the subject lands are part of a registered Plan of Subdivision, the applicant proposed to create the privately owned parcels and the parcels for the common elements of the development through a process called "lifting of part lot control". Report PLN 19-16 December 5, 2016 Subject: Madison Liverpool Limited Page 11 In accordance with Council Policy and Delegation By-law 7306/01, the Director, City Development has the authority to grant draft plan approval for plans of condominium. Therefore, no further approvals are required from City Council. 3.8 Staff support the proposal and recommend that a zoning by-law be finalized and forwarded to Council for enactment · The applicant is requesting to rezone the subject lands from a "R4" -One-Family Detached Dwelling Fourth Density Zone to an appropriate residential zone category to facilitate the proposal. Staff supports the rezoning application and recommends that the site specific implementing by-law, as set out in Appendix I, be approved and forwarded to Council for enactment. The implementing by-law also addresses Bonus Zoning provisions including the amount of the cash contribution to be provided by the applicant, the timing of the completion of the park construction, and the requirement for a Bonus Zoning Agreement and its registration on title of the subject lands. 3.9 Applicant's Comments The applicant concurs with the recommendations of this report. Appendix Appendix I Draft Implementing Zoning. By-law Attachments 1. Location Map 2. Original Submitted Concept Plan 3. Original Submitted Conceptual Elevation-Single Detached Fronting on Internal Private Road 4. Original Submitted Conceptual Elevation-Rear Lane Townhouses Fronting Liverpool Road 5. Original Submitted Conceptual Elevation-Townhouses Fronting Internal Private Road 6. Revised Concept Plan 7. Revised Submitted. Conceptual Elevation -Single Detached Fronting on Internal Private Road 8. Revised Draft Plan of Condominium 9. Revised Conceptual Park Redevelopment Plan 55 Recommended Draft Zoning By-law Appendix I to Report PlN 19-16 for Zoning By-law Amendment Application A 5/16 57 58 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74 (A 5/16) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74, in the City of Pickering to permit the development of a common element condominium consisting of detached dwellings and townhouse units accessed from a private road; Whereas the Official Plan for the City of Pickering contains provisions relating to the authorization of increases in density of development; Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in density (or height) of development beyond those otherwise permitted by the by-law in return for the provision of such facilities, services or matters as are set out in the by-law; Whereas Subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in density (or height) of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; Whereas the owner of the subject lands has elected to provide the facilities, services and matters hereinafter set out; And whereas the increase in density beyond that otherwise permitted on the aforesaid lands by By-law 2520, as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law, and will be secured an agreement between the owner of the land and the City of Pickering; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I to this By-law with notations and references shown thereon are hereby declared to be part of this By-law.