HomeMy WebLinkAboutDecember 5, 2016
Planning & Development
Committee Agenda
Monday, December 5, 2016
Council Chambers
7:00 pm
Chair: Councillor Brenner
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-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).
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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).
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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
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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.
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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.
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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.
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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). ·
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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.
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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
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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)
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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.
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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.