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HomeMy WebLinkAboutPLN 13-18DICKERING c4 601 Report to Planning & Development Committee Report Number: PLN 13-18 Date: May 7, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP -2016-04 Zoning By-law Amendment Application A 13/16 702153 Ontario Limited Part Block M, Plan 418 and Block 25, 40M-1366 (527 Gillmoss Road) Recommendation: 1. That Draft Plan of Subdivision Application SP -2016-04, submitted by 702153 Ontario Limited, on lands being Part Block M, Plan 418 and Block 25, 40M-1366, to establish a residential plan of subdivision consisting of 11 lots for detached dwellings, a block for an Open Space Reserve, and a public road as shown on Attachment #3 to Report PLN 13-18, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2. That Zoning By-law Amendment Application A 13/16, submitted by 702153 Ontario Limited, to implement the Draft Plan of Subdivision SP -2016-04, on lands being Part Block M, Plan 418, and Block 25, 40M-1366 be approved, and that the draft Zoning By-law Amendment as set out in Appendix II to Report PLN 13-18 be forwarded to Council for enactment; and 3. That an exception to the Rosebank Neighbourhood Development Guidelines — Precinct No. 3, to allow for minimum lot frontage of 10.5 metres and minimum lot depths of 27.0 metres for single detached dwelling to implement Draft Plan of Subdivision SP -2016-04, be endorsed as set out in Appendix III. Executive Summary: The subject lands are located on the south side of Gillmoss Road, west of the Canadian National Railway (CNR) corridor and east of Rosebank Road within the Rosebank Neighbourhood (see Location Map, Attachment #1). 702153 Ontario Limited has submitted applications for a Draft Plan of Subdivision and a Zoning By-law Amendment to facilitate a residential development of 11 lots for detached dwellings: 9 lots to be accessed through a new internal public road and the remaining 2 lots to front onto Gillmoss Road (see Submitted Draft Plan of Subdivision, Attachment #3). While some of the lots within the draft plan do not meet the minimum lot frontage and lot area requirements as set out in Design Precinct No. 3, staff support the proposed draft plan of subdivision and zoning by-law amendment on the basis that the size and configuration of the proposed lots in combination with the proposed zoning provisions will ensure that the proposed built form will be compatible with the existing neighbourhood. The proposal implements the policies of the Official Plan and is generally consistent with the Rosebank Development Guidelines. Report PLN 13-18 May 7, 2018 Subject: 702153 Ontario Limited (SP -2016-04, A 13/16) Page 2 Metrolinx has advised that it is supportive of reducing its minimum required building setback of 30.0 metres to approximately 24.0 metres from the abutting rail corridor, given that there is an existing embankment ranging 2.5 metres to 8.0 metres in height above the tracks located between the subject property and the tracks. Staff have also explored an option to allow for the possible future northerly extension of Dunn Crescent to intersect with the extension of Gillmoss Road. The applicant has addressed various concerns identified by the community with respect to loss of mature vegetation, grading and drainage, construction management and future maintenance of a remnant parcel of land identified as Block 25. Accordingly, staff recommends that Council approve the Draft Plan of Subdivision Application SP -2016-04, and endorse the implementing conditions of approval, as set out in Appendix I. It is also recommended that the site specific amending by-law as set out in Appendix II, be approved and forwarded to Council for enactment. In addition, staff recommend that an exemption to the Rosebank Development Design Guidelines, to permit a minimum lot frontage of 10.5 metres and a minimum lot depth of 27.0 metres for single detached dwellings within the boundaries of the draft plan of subdivision, be approved. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. 1. Background 1.1 Property Description The subject lands are located on the south side of Gillmoss Road, west of the Canadian National Railway (CNR) corridor and east of Rosebank Road within the Rosebank Neighbourhood (see Location Map, Attachment #1). The subject lands have an area of approximately 0.89 of a hectare with approximately 81.0 metres of frontage along Gillmoss Road. The property contains a detached dwelling and an accessory structure, which are intended to be demolished as part of the redevelopment of the property. There are a number of mature trees located along the westerly and southerly property lines. However, several trees located within the portion of the property to be regraded and developed have been removed by the applicant prior to the submission of the applications. Surrounding land uses to the north, south and west include low density residential development consisting of detached dwellings. To the east, across the CNR corridor, is the Petticoat Creek Conservation Area (see Air Photo Map, Attachment #2). 1.2 Applicant's Proposal The applicant is proposing a residential development consisting of 11 lots for detached dwellings: 9 lots will front onto an internal public road, and 2 lots will front onto Gillmoss Road (see Submitted Draft Plan of Subdivision, Attachment #3). Report PLN 13-18 May 7, 2018 Subject: 702153 Ontario Limited (SP -2016-04, A 13/16) Page 3 Lot frontages will range between 10.5 metres and 35.0 metres, and lot areas will range from 305 square metres to 806 square metres. Based on a conceptual sitting plan, the applicant is proposing a minimum front yard setback of 6.0 metres, a minimum side yard width of 0.6 metres on one side and 1.2 metres of the other side, and a minimum rear yard depth of 7.0 metres. Lots 40.0 metres and greater in depth will have a minimum rear yard depth of 10.0 metres. The proposed detached dwellings will have an approximate building height of 10.0 metres. All of the dwelling units will be designed to accommodating 4 vehicle parking (2 spaces within a garage and 2 spaces on the driveway). The internal public road will have a right-of-way width of 18.0 metres, and will extend from Gillmoss Road southward terminating at a turning circle at the south end of the subject lands. A 0.6 metre wide reserve Open Space Block between the proposed street and the CNR corridor will be conveyed to the City. 2. Comments Received 2.1 February 6, 2017 Public Information Meeting A Public Information Meeting was held on February 6, 2017 at which 6 residents attended. The following is a summary of key concerns and comments: • concerned with the loss/removal of existing mature trees on the subject lands • requested additional information regarding the City's future plans for extending Dunn Crescent further north • requested assurance that their property will not be negatively impacted by grading and storm drainage from the developed site • the resident at 657 Dunn Crescent, located at the southerly end of Dunn Crescent, advised that he currently maintains Block 25, which forms part of the rear areas of proposed Lots 10 and 11, and requested further clarification regarding ownership and future maintenance of this parcel of land • the resident at 633 Dunn Crescent, also indicated a concern regarding current draining issues on this property, and is concerned that the redevelopment of the subject lands may further worsen existing drainage issues within the neighbourhood • a resident requested additional information regarding the applicant's construction management practice to ensure construction impacts such as dust, noise, mud tracking, parking of construction vehicles, and other related construction activities are minimized 2.2 City Departments and Agency Comments 2.2.1 City of Pickering Engineering Services Department • no objection to the proposal • reserved Open Space Block 12 is to be conveyed to the City • require written confirmation from CNR/Metrolinx indicating that a crash wall is not required and that the existing topography is sufficient and appropriate • matters with respect to detailed grading and drainage, stromwater management, construction management/erosion and sediment control, site servicing, detailed right-of-way design, utility locations, easements, tree compensation, fencing details, and -street tree planting will be further reviewed through conditions of draft plan of subdivision approval Report PLN 13-18 May 7, 2018 Subject: 702153 Ontario Limited (SP -2016-04, A 13/16) Page 4 2.2.2 Region of Durham • the proposal is consistent with the Provincial Policy Statement as it will take advantage of existing infrastructure and public services within the neighhbourhood • the proposed development conforms to the Growth Plan by facilitating growth and intensification within the built-up area • the Regional Official Plan designates the subject lands as "Living Areas" which are intended to be used predominately for housing purposes • lands within the "Living Areas" are to be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads • sanitary sewer and municipal water supply is available to service the lands • the submitted Noise Impact Study, prepared by J.E. Coulter Associates Limited, addresses potential noise and vibration impacts from the CNR line, which is identified as a Principal Main line with both freight and passenger train during day and night time periods • the Noise Impact Study indicates modest noise attenuation from the embankment rising from approximately 2.5 metres to 8.0 metres; however, a 2.0 metre high acoustic fence constructed in the side yards of Lots 3 to 11, closing off the gap between the dwelling units, is recommended along with central air conditioning units for Lots 3 to 8 and appropriate warning clauses • as a condition of draft plan approval, the recommendations, mitigation measures, and warning clauses identified in the Noise Impact Study be implemented and included in the subdivision agreement with the City • the Phase One Environmental Site Assessment, prepared by Soil Engineers Ltd., confirmed that the site has low potential for environmental concern, and recommended that no further investigation be done; however, as the study is over 18 months old, the Region will require an updated Record of Site Condition compliant Phase One Report, a Regional Reliance Letter, and a Certificate of Insurance as conditions of draft plan approval • the site is identified as being within an area of archeological potential, and a Stage 1 Archaeological Assessment must be completed by a qualified consultant as a condition of draft plan approval • the proposed development will be serviced by Durham Region Transit (DRT) Bus 107 and 193A with bus stops located on Rosebank Road, north of Cowan Circle and north of Rougemount Drive • as the proposed development is located beyond DRT's maximum walk guideline distance of 400 metres, it is suggested that the proposed development include two pedestrian walkway connections: the first to connect the easterly and westerly portion of Gillmoss Road; and the second between Lots 10 and 11 to provide access to Dunn Crescent • the Region has no objection to the zoning by-law amendment and draft approval of the plan of subdivision subject to the Conditions of Draft Approval provided by the Region Report PLN 13-18 May 7, 2018 Subject: 702153 Ontario Limited (SP -2016-04, A 13/16) Page 5 2.2.3 Durham Catholic District School Board • no objections to the proposal • the students generated by the proposed development will attend Father Fenelon Catholic Elementary School and St. Mary Catholic Secondary School 2.2.4 Durham District School Board • no objections to the proposal • the proposed development is expected to generate 6 pupils and can be accommodated by existing school facilities 3. Planning Analysis 3.1 The proposal conforms to the policies and provisions of the Pickering Official Plan and the Neighbourhood Development Guidelines The subject lands are within the Rosebank Neighbourhood and are designated as "Urban Residential Areas — Low Density Areas" within the Pickering Official Plan, which provides for housing and related uses with a net residential density of up to and including 30 units per net hectare. The proposed development will result in a density of approximately 12.5 units per net hectare, which is within the density range for the lands designated Low Density in the City's Official Plan. The Rosebank Neighbourhood Development Guidelines identify three Design Precincts within the neighbourhood. The proposed development falls within Design Precinct No. 3, which permits semi-detached and single detached dwelling units. The minimum lot frontages for single detached dwellings within this precinct is approximately 15.0 metres and the minimum lot depth is approximately 30.0 metres. The existing residential subdivision immediately to the north, along Gillmoss Road and Cowan Circle, is also within Design Precinct No. 3. This draft plan of subdivision was approved by City Council in 2010 having lots with minimum lot frontages of 11.0 metres. Staff supported this proposal with reduced lot frontages on the basis that the inclusion of the word "approximately" in the Development Guidelines provides for the consideration of minor deviations from the standards expressed in the guidelines, provided the character of the neighbourhood is maintained. Of the proposed eleven lots, ten lots have lot frontages larger than 11.0 metres and four of those lots have lot frontage of greater than 15.0 metres. Only Lot 9 has a slightly reduced lot frontage of 10.5 metres due to the pie shaped configuration of the lot located on a cul-de-sac. Aside from Lots 1 and 2, which have a slightly reduced lot depth of 27.0 metres, all of the remaining lots within the proposed draft plan have lot depths greater than 30.0 metres. The applicant is also proposing a maximum building height of 10.0 metres; whereas existing building heights in the immediate area range between 9.0 metres to 11.0 metres. Report PLN 13-18 May 7, 2018 Subject: 702153 Ontario Limited (SP -2016-04, A 13/16) Page 6 Although some of the lots within the draft plan do not meet the minimum lot frontage and lot area requirements as set out in Design Precinct No. 3, the size and configuration of the proposed lot in combination with the proposed zoning provisions as provided for in the attached draft zoning by-law (see Appendix II) will ensure that the resulting built form will be compatible with the existing neighbourhood. Staff recommend that an exception to the Rosebank Neighbourhood Development Guidelines be approved to permit lots for detached dwellings with minimum lot frontages of 10.5 metres and minimum lot depth of 27.0 metres, within the boundaries of this draft plan. Further the implementing zoning by-law contains specific zoning provisions to address lot frontage, side yards, building heights and other zoning standards to ensure the proposal will be in keeping with the established built form in the immediate neighbourhood. 3.2 Metrolinx supports a reduced building setback from the rail corridor The subject property is located immediately adjacent to the Lakeshore East Rail Corridor. The standard setback requirement for new residential developments adjacent to a CNR corridor is a minimum of 30.0 metres from the property line of the corridor to the main wall of the dwelling. The proposed dwelling units will have a minimum setback of approximately 24.0 metres from the railway corridor. Given the existing topography of the rail corridor in relation to the proposed grading of the property, there is a natural barrier along the shared property line ranging in height approximately from 2.5 metres at the north end to 8.0 metres at the south end above the tracks. This embankment provides a natural safety barrier and a modest level of noise attenuation from the railway corridor, and will mitigate any impacts of the minor reduction in the required 30.0 metre setback. Additional noise attenuation measures and warning clauses as recommended by the Noise Impact Study, prepared by J.E. Coulter Associates, will be included as conditions of draft plan of subdivision approval and within the subdivision agreement with the City. Metrolinx has advised that given the height of the existing natural embankment between the rail corridor and the proposed development, Metrolinx is supportive of the proposed reduced building setbacks from the rail corridor. 3.3 Future northerly extension of Dunn Crescent At the Public Information Meeting, Committee Members requested clarification with respect to the future plans of Dunn Crescent. Engineering staff have explored two options for the. northerly extension of Dunn Crescent. The first option that staff considered was to extend Dunn Crescent further north to connect with proposed Street 'A'. This option was not practically feasible give the significant grade difference of approximately four metres between the existing northerly terminus of Dunn Crescent and the southerly end of proposed Street 'A'. Report PLN 13-18 May 7, 2018 Subject: 702153 Ontario Limited (SP -2016-04, A 13/16) Page 7 The second option would be to extend Dunn Crescent north to intersect with the future extension of Gillmoss Road. This option would require the severance of the rear of the lots fronting onto Rosebank Road, as well as the extension of Gillmoss Road from the existing turning circle to the east of the existing terminus in the west. The result would be a single loaded extension of Dunn Crescent for a majority of its length, and would require a large retaining wall on the lands to the east of the new Dunn Crescent road allowance. No land or reserves will be required from the owners of the subject lands in order to facilitate this option. 3.4 Tree compensation will be required for the loss of existing vegetation Some residents expressed concerns with the loss of mature trees from the subject lands prior to the submission of the applications. The applicant has submitted a Tree Inventory and Preservation Plan, prepared by Cosburn Nauboris Ltd, dated September 1, 2016, which surveyed and evaluated 67 trees along the westerly and southerly boundaries of the subject lands. The consultant has identified a total of 28 trees within the site that can be preserved and protected. Due to the proposed layout of the new lots, roads, grading, including installation of swales and catch basins, 39 trees within the site are recommended to be removed. The health condition of the trees proposed to be removed include poor, fair and good, with various trees highlighted as having poor structure. Staff have reviewed the submitted report and noted that an additional 3 trees at the southeast quadrant of the property between the south property line and Street 'A' can potentially be protected. Appropriate tree protection fencing will be implemented throughout the construction process. As a condition of draft plan approval, an updated Tree Preservation Plan and a compensation planting plan are required to compensate the City for the loss of tree canopy through either payment of cash -in -lieu and/or on-site or off-site replanting. 3.5 Proposed grading and drainage from the development will not impact adjacent properties An area resident expressed concerns that drainages from the subject lands would negatively impact existing properties in the immediate area, should the lands be developed. A Functional Servicing and Stormwater Management Report, prepared by Sabourin Kimble & Associates Ltd, dated August 2016, was submitted in support of the proposal. The proposed development will be graded in accordance with the City's grading criteria and to match existing elevations in the area. Lots 1 and 2 will have front yard swales designed to minimize draining onto Gillmoss Road and will be graded with the rear yard drainage being directed into a side yard swale located in between Lots 4 and 5. Lots 4 to 7 have been designed as front draining lots to empty into the new local storm sewers to be built within the public road. A rear yard swale will be constructed across Lots 8 to 11, which will convey surface run-off to a rear lot catchbasin located on the southwest corner of the site. To avoid standing water and erosion, the use of an underlying sub -drain and rip -rap surface treatment will be explored at the detailed design stage. Report PLN 13-18 May 7, 2018 Subject: 702153 Ontario Limited (SP -2016-04, A 13/16) Page 8 The Recommended Conditions of Approval (see Appendix I) require the applicant to prepare and submit detailed drainage and grading plans. These plans will be reviewed further by City staff to ensure compliance with City's engineering standards. The required detailed drainage and grading plans for the development will ensure that drainage from the development will not impact adjacent properties. Drainage issues are not expected to impact the existing lots surrounding the subject property as a result of this development. 3.6 A construction management plan will be implemented to minimize the impact of construction activities Area residents also requested additional information regarding the applicant's construction management practice to ensure construction impacts such as dust, noise, mud tracking, parking of construction vehicles, and other related construction activities are minimized. The applicant has submitted a preliminary Construction Management plan, prepared by Sabourin Kimble & Associates Ltd, proposes a variety of mitigation measures to be implemented during the construction process in order to minimize any negative noise, dust and traffic impacts. The mitigation measures proposed include a gravel mud mat and a construction staging area, heavy duty sediment fencing and a tree protection zone. The Recommended Conditions of Approval require that the applicant enter into a Subdivision Agreement with the City. A condition of the Subdivision Agreement will require that the applicant implement the measures outlined in the submitted Construction Management and Erosion/Sediment Control Plan as approved by City staff. 3.7 Maintenance of Block 25 The owner 657 Dunn Crescent indicated that they presently maintain an abutting remnant parcel of land to the north, legally identified as Block 25 on Plan 40M-1366, and request further clarification regarding the ownership and future maintenance of this parcel of land. Block 25 was acquired by the applicant and will form part of the rear areas of proposed Lots 10 and 11. The maintenance of this parcel of land will be by the future residents of Lots 10 and 11. 3.8 Technical matters will be addressed as conditions of subdivision approval To ensure appropriate development, the City, Region and agency requirements have been provided as conditions of approval for the subdivision application. Technical matters to be further addressed include, but not limited to: • architectural treatment • crash wall/berm • noise attenuation measures • construction management/erosion and sediment control • stormwater management • on-site grading and drainage • site servicing • fencing • street tree planting and tree compensation • payment of cash -in -lieu of parkland dedication Report PLN 13-18 May 7, 2018 Subject: 702153 Ontario Limited (SP -2016-04, A 13/16) Page 9 The draft conditions of approval set out in Appendix I to this Report, address these (and other) matters. It is recommended that Council endorse these conditions. 4. Conclusion Staff supports the applications for draft plan of subdivision and rezoning. The proposed lot sizes will be in keeping with the established lotting pattern within surrounding neighbourhood. The draft zoning by-law amendment includes site specific provisions for lot frontage, building setbacks and building height to ensure that the resulting building form is compatible with the existing dwellings in the immediate area. Staff recommend that Council approve the submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment applications, subject to conditions of approval as set out in Appendix I, and the zoning by-law amendment as set out in Appendix II. Staff also recommend that an exemption to the Rosebank Development Design Guidelines be approved to permit reduced lot frontage and lot depth within the boundaries of the draft plan of subdivision. 5. Applicant's Comments The applicant has been advised of and supports the recommendations of this report. Appendices Appendix I Draft Conditions of Approval for Subdivision Application SP -2016-04 Appendix II Recommended Zoning By-law Provisions for Zoning By-law Amendment A 13/16 Appendix III Proposed Amendment 6 to the Rosebank Neighbourhood Development Guidelines Attachments 1. Location Map 2. Air Photo Map 3. Submitted Draft Plan of Subdivision Report PLN 13-18 May 7, 2018 Subject: 702153 Ontario Limited (SP -2016-04, A 13/16) Page 10 Prepared By: Approved/Endorsed By: 4,„&„. Amy Emm, MCIP, RPP Catherine Rose, MCIP, RPP Plann-r II Nilesh '.urti, CIP, RPP Manager, Development Review & Urban Design AE: NS:Id Chief Planner 1'A Kyle Bentley, P.Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 4e,;p 23/ 2016 Appendix I to Report PLN 13-18 Recommended Conditions of Approval for Draft Plan of Subdivision SP -2016-04 Recommended Conditions of Approval for Draft Plan of Subdivision SP -2016-04 General Conditions 1. That the Owner shall prepare the final plan generally on the basis of the draft plan of subdivision, prepared by Donald E. Roberts Ltd., identified as Drawing Number 14-8346-2, dated October 24, 2017, which illustrates 11 lots for detached lots, a new public road (`Street A') and a Block for an Open Space Reserve (Block 12). 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 -Plan 3. That the Owner submits a Draft 40M -Plan to the satisfaction of the City Development Department. 40R -Plan 4. That the Owner submits a Draft 40R -Plan indicating the easements required for the rear lot catch basins and for the maintenance of the Gillmoss Road turning circle to the satisfaction of the City. Street Names 5. That street names and signage be provided to the satisfaction of the Region and the City. Development Charges & Development Review & Inspection Fee 6. That the Owner satisfies the City financially with respect to the Development Charges Act. 7. That the Owner satisfies the City with respect to payment for engineering review fees, lot grading review fee and inspection fees. Architectural Control 8. That the Owner submits preliminary model designs for sale to be reviewed and approved by the City's Urban Design Review Consultant. The Owner will be responsible for the City's full cost of undertaking this review. Stormwater 9. 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 Page 2 (SP -2016-04 — 702153 Ontario Limited) 10. That the Owner satisfies the Director, Engineering Services for contributions for stormwater maintenance fees. 11. That the Owner satisfies the Director, Engineering Services for the design and implementation of stormwater management facilities and easements for outfalls and access to the outfalls. 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 authorization from abutting landowners for all off-site grading. 14. That the Owner satisfies the Director, Engineering Services respecting the impact on the existing retaining wall for the construction of the sewers connecting to Dunn Crescent. Geotechnical Investigation 15. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a geotechnical investigation. 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. No on-site works prior to the City issuing authorization to commence works is permitted. A Fill & Topsoil Permit will be required should grading works proceed prior to the execution of a Subdivision Agreement. Construction/Installation of City Works & Services 17. That the Owner satisfies the Director, Engineering Services respecting the construction of roads, curb cuts, storm sewers, sidewalks and boulevard designs through the submission and approval of a site servicing plan. 18. That the Owner satisfy 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. 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. Recommended Conditions of Approval Page 3 (SP -2016-04 — 702153 Ontario Limited) Phasing & Development Coordination 21. That if this subdivision is to be developed by more than one registration, the Owner will be required to submit a plan showing the proposed phasing, all to the satisfaction of the Region of Durham and the City. 22. The owner acknowledges that the adjacent development to the north has not been assumed by the City, therefore the owner will require approval from the adjacent developer to connect into their infrastructure. The Owner agrees that they are responsible for all restoration required outside of their lands. Dedications/Transfers/Conveyances/Reserves 23. That the Owner conveys to the City, at no cost, Block 12 and all road allowances with the proper corner roundings, sight triangles and reserves. 24. That the Owner agrees to lift part of the reserve Block 41, Plan 40M-2469, to provide access for Lots 1 and 2 and for `Street A'. Easements 25. That the Owner provides a 2.0 metre easement on Lots 1 and 2 to provide maintenance access for the existing Gillmoss Road turning circle. 26. That the Owner conveys, to the satisfaction of the City, at no cost, any required easement for works, facilities or user rights that are required by the City. 27. 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. 28. 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. Construction Management Plan 29. That the Owner satisfies the City respecting the submission and approval of a Construction Management/Erosion & Sediment Control Plan, with 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 construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on existing streets, or the proposed public street; Recommended Conditions of Approval Page 4 (SP -2016-04 — 702153 Ontario Limited) (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; (vi) location of construction trailers; (vii) details of the temporary construction access. Fencing 30. 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. 31. That the Owner agrees to install a 1.8 metre high board -on -board wood privacy fence along the west and south property lines, where there is adjacent existing residential lots fronting onto Dunn Crescent, Rosebank Road, and Gillmoss Road. 32. That the Owner agrees to install acoustical fencing as per the Noise Impact Study, prepared by J.E. Coulter Associates Limited, dated September 21, 2016. Landscaping 33. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a street tree -planting plan. 34. That the Owner satisfies the Director, Engineering Services 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 35. That the Owner agrees that prior to final approval of the draft plan, compensation for the loss of tree canopy will be required either through replacement planting or cash -in -lieu, to be paid to the City of Pickering. In accordance with Council Resolution #387/18, approved on January 15, 2018, tree removal compensation is to be calculated in accordance with the City of Pickering Tree Inventory, Preservation and Removal Compensation requirements. Where compensation through replanting is being considered, the Owner will be required to provide a Landscape Plan indicating the location, size and species of all trees, including boulevard trees, to the satisfaction of the Director, Engineering Services. Engineering Plans 36. That the Owner ensures that the engineering plans are coordinated with the streetscape/architectural control guidelines and further that the 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 design statement can be achieved. Recommended Conditions of Approval Page 5 (SP -2016-04 — 702153 Ontario Limited) 37. 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, tree planting; and financially -secure such works. Noise Attenuation 38. That the owner agrees in the subdivision agreement to implement noise control measures and warning clauses as recommended in the Noise Report. Parkland Dedication 39. 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 40. 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 41. 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. Other Approval Agencies 42. That any approvals which are required from the Region of Durham, the Ministry of Transportation 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. 43. That the Owner, through the approval of the Utility Coordination Plan, is to enter into an agreement with Canada Post Corporation for the provision of a Community Mailbox(es) including technical specifications and financial terms. Plan Revisions 44. 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. 45. 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. Recommended Conditions of Approval Page 6 (SP -2016-04 — 702153 Ontario Limited) 46. 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. Notes to Draft Approval 47. This draft approval shall lapse three years from the date the draft approval has been granted if the noted conditions have not been fulfilled, or if it has not been extended by the City of Pickering. Appendix 11 to Report PLN 13-18 Recommended Zoning By-Iaw Provisions for Zoning By-Iaw Amendment A 13/16 The Corporati ftXX/18City of Pickering Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part Block M, Plan 418, and Block 25, Plan 40M-1366 (A 13/16), City of Pickering Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part Block M, Plan 418, and Block 25, 44M-1366, in the City of Pickering to permit the development of 11 lots for detached dwellings accessed from an internal public road; And whereas an amendment to Zoning By-law 2511, 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 Schedule I attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. Area Restricted The provisions of this By-law shall apply to those lands being Part Block M, Plan 418, and Block 25, 40M-1366, in the City of Pickering , designated "S4-14"and "OS" on Schedule I attached hereto. 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. Definitions In this By-law, (1) "Bay, Bow, Box Window" shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (2) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer. By_ Page 3 (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities. (c) "Dwelling, Detached" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures. (3) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey. (4) "Height, Building" shall mean the vertical distance between the established grade, at the front of the house, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height between eaves and ridge. (5) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (b) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line. 'Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon. (h) (c) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot. "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot. (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. B}7C118 - Page 4 totki (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. (f) (g) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wail of the nearest main building or structure on the lot. "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot. (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street. (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot. (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. (8) "Wall, Front" shall mean the wall of the dwelling closest to the front lot line. 5. Provisions (1) Uses Permitted ("OS" Zone) No person shall within the lands zoned "DS" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) preservation and conservation of the natural environment, soil and wildlife; and (b) resource management (2) Uses Permitted ("S4-14" Zone) No person shall within the lands zoned "84-14" on Schedule l attached hereto, use any lot or erect, after, or use any building or structure for any purpose except the following: (a) Detached Dwelling Zone Requirements (" S4-14" Zone) Page 5 No person shall within the lands zoned "S4-14" on Schedule 1 attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions:. "S4-14" Zone (a) Lot Frontage (minimum) 10,5 metres (b) Lot Area (minimum) 300 square metres (c) Front Yard Depth (minimum) 6.0 metres (d) Side Yard Depth (minimum) 1.2 metres one side, and 0.6 of a metre on the other side (e) Flankage Yard Depth (minimum) 2.7 metres (1) Rear Yard Depth (minimum) (i) 7.0 metres (ii) Despite 5(2)(f)(i) above, lots 40 metres or greater in depth, - 10.0 metres (g) Building Height (maximum) 10.0 metres (h) Lot Coverage (maximum) (i) 45 percent (ii) Despite 5(2)(h)(i) above, Tots 40 metres or greater in depth — 35 percent (1) Parking Requirements (minimum) A minimum of 2 parking spaces per dwelling unit for resident, one of which must be provided within an attached private garage. (j) Driveway Width (maximum) Maximum driveway width shall not exceed the width of the exterior walls of the private garage. (k) Garage Requirements Minimum one private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from the front lot line, and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street. By-law NQ /18 Page 6 "S4-14" Zone (1) Interior Garage Size (minimum) (m) Garage Projection (4) Special Provisions Each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres provided; however, the width may include one interior step and the depth may include two interior steps. A maximum 2.0 metres projection beyond the wall containing the main entrance to the dwelling unit, except where a covered and unenclosed porch extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit. The following special provisions shall apply to lands zoned "S4-14" on Schedule I: (a) Obstruction of Yards (maximum): (i) uncovered and covered unenclosed porches and associated stairs not exceeding 1.5 metres in height above established grade may encroach a maximum of 2.0 metres into the minimum required front or flankage yarci; (ii) uncovered balconies, decks and associated stairs, not exceeding 1.5 metres in height above grade may encroach a maximum of 4.0 metres into the required rear yard, provided they are setback 0.6 metres from a side lot line; balconies located above the first floor projecting or inset in the rear are prohibited; bay, box or bow window, with or without foundation, having a width of up to 4.0 metres may encroach a maximum of 0.6 metres into any required yard; and window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eaves troughs, and other similar architectural features are permitted to project a maximum of 0.6 metres into any required yard and are required to be setback 0.6 metres from a side lot line. By-law No. XXXX118 Page 7 6. Model Homes (1) Despite the provisions of Clause 6.1 of By-law 2511, a maximum of 2 model homes, together with not fewer than two parking spaces per Model Home, may be constructed on the lands set out in Schedule l attached to this By-law prior to the division of those lands by registrations of a plan of subdivision or enacting a by-law exempting those lands from the Part Lot Control provisions of the Planning Act. (2) For the purpose of this By-law, "Model Home" shall mean a dwelling unit which is not used for residential purpose, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 7 By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. 8. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXX, 2018. DRAFT Dave Ryan, Mayor DRAFT Debbie Shields, City Clerk Gillmoss Road L Gil!moss Road Schedule 1to- Passed T Day of X XX/18 rr Mayor 1 L Clerk Appendix III to Report PLN 13-18 Amendment 6 to the Rosebank Neighbourhood Development Guidelines Amendment 6 to the Rosebank Neighbourhood Development Guidelines Purpose: Location: Basis: The purpose of this amendment is to permit, as an exception to the 15.0 metre minimum frontage requirement for new lots for single detached dwellings within Design Precinct No.3, minimum frontages of 10.5 metres for new lots for single detached dwellings within the proposed subdivision plan boundaries established by subdivision file SP -2016-04. The subject lands are approximately 0.89 of a hectare in area and are located on the south side of Gillmoss Road, west of the Canadian National Railway (CNR) corridor and east of Rosebank Road. The lands fall within Part Block M, Plan 418 and Block 25, 40M-1366. The amendment has been determined to be appropriate because it will establish a built form which is in character with the immediate neighbourhood. Actual Amendment: The City of Pickering Rosebank Neighbourhood Development Guidelines are hereby amended by: 1. Adding a second paragraph to section A1.1.3, Design Precinct No. 3, as follows: "Despite the minimum frontage requirements for new lots for single detached dwellings within Design Precinct No. 3, new lots for single detached dwellings within subdivision file SP -2016-04 are permitted a minimum frontage of 10.5 metres and a minimum lot depth of 27.0 metres (see Exhibit A)." Cross Reference: Informational Revision to the Official Plan Compendium Document (Related Files: SP -2016-04 and A 13/16) • (Applicant: 702153 Ontario Limited) (Date: May 7, 2017) Exhibit A to Amendment 6 to the Rosebank Neighbourhood Development Guidelines Rosebank Neighbourhood Development Guidelines The following Rosebank Neighbourhood Development Guidelines were adopted by Pickering Council on January 22, 1979, and amended four times: No.1 on February 4, 1985; No. 2 on October 15, 1991; No. 3 on May 4, 1992; No. 4 on October 19, 1992 and No. 5 on July 14, 2010. Section A1.1 As •indicated on the map, the Neighbourhood comprises three design precincts. The following provides detailed guidelines for each of these precincts. A1.1.1 Design Precinct No. 1 Within Precinct No. 1, residential development shall be limited to the provision of single detached dwellings only. All new lots created in this precinct shall have minimum lot frontages of approximately 15.0 metres and minimum lot depths ranging between approximately 33 metres and 60 metres, un less the character of the area is such that a smaller lot frontage or smaller lot depth is desirable. A1.1.2 Design Precinct No. 2 Within Precinct No. 2, residential development shall be limited to the provision of single detached dwellings only. All new lots created in this precinct shall have minimum lot frontages of approximately 15.0 metres and minimum lot depths ranging between approximately 30 metres and 36 metres. A1.1.3 Design Precinct No. 3 Within Precinct No. 3, residential development shall be limited to the provisions of single detached and semi-detached dwellings. All new lots created in this precinct for semi-detached dwellings shall have minimum lot frontages of approximately 10.5 metres and minimum lot depths of approximately 30 metres. New lots for single detached dwellings shall have the same minimum lot dimensions as new lots in Precinct No. 2. Exception Despite the minimum frontage requirements for single detached dwellings within Design Precinct No. 3, new lots for single detached dwellings within the subdivision connecting Cowan Circle and Gillmoss Road (subdivision file SP -2008-02) are permitted a minimum frontage of 11.0 metres. Proposed Despite the minimum frontage requirements for new lots for single detached Exception dwellings within Design Precinct No. 3, new lots for single detached dwellings within subdivision file SP -2016-04 are permitted a minimum frontage of 10.5 metres and a minimum lot depth of 27 metres. ATTACHMENT # I TO REPORT RN [3-1A —N CLEOD CRESC€NT) DAHLIA CRESCENT 11� MAITLAND DRIVE STAGHORN ROAD rr 0 ROUGEMOUNT DRIVE F w w 0 z a ❑ ❑ COWAN CIRCLE HONYCOU STER COURT PW 1 GILLMOSS ROAD O T w ❑ •••••4 om t♦*tt••4 �t tttttt + ►it•+/R+t+t♦t••• ••••••••1••••• +ttttt+ ►t+ttt ttttt, eu _ 0 w NOM AO ROAD SUBJEC T PROPERTY DemAmmonivan1111WIMMINI Location Map FILE: SP -2016-04 and A13/16 PICKERI NG City Development Department APPLICANT: 702153 Ontario Limited PROPERTY DESCRIPTION:Part Block M, Plan 418 and Block 25, 40M-1366 (527 Gillmoss Rd) Date: Jan 18, 2017 ,y..(.q, u.nof R,. Cdrc. yofp...QProdv.dl,•P.ijJnd.rLp.n..4pm .. O9..Plv...,p.iJ..I/',Wrya newel Rawness. IH hL.1..fl ..1 A nuM,l..ythd CM..mRIdiPrCanada, o.n. .fl of tri.111RiLeantdr.w.v1g.teien. d.1 P.}a..d. aer En.l.prEH.I.. a..1.ppl.na.11.1011 ree.rv1d.64.We.p.I Ppwrly A1H.....N Cwponen.i.l Rs poOnes .I .M,'...Eyed., SCALE; 1:5,{)00 THIS IS 004A PLAIT OF S11RV€Y. PN -12 ATTACHMENT #_ TO rrr'oR- # 14'JL]1.�Il� 1 • kkliA kr F441 r44 -a: s-MG/{nr N ROA b C cOWAnr;c1ME- -Q4 4 PICKERING City Development Department Air Photo Map FILE: SP -2016-04 and A13/16 APPLICANT: 702153 Ontario Limited PROPERTY DESCRIPTION:Part Block M, Plan 418 and Block 25, 40M-1366 (5u 27 Gillmoss Rd) ina CoryanVr un of Me CHy of Picke, Praduud pn owl] und,r anfrom• Puw n. Pr1Mar. On,on>,Arn itry Ifioira{Rii»rci.- - �1 Hyltr• rea•rredde Her Maki,/Oaten in Right of Canada, Oepanment or llatwal ReroixctC qp 101. erved: 7uanal Erwerynw,u n n , Mw onl t. aupplaep rk,hlarrrree.; O IAWeyal ProprrfyRunt C,...OM:400n •M n,,u,Phn at right. reamed.; Date: Jan 18, 2017 SCALE: 1:5,000 1141S IS (IOTA PLAN OF SUR.IE Y. PN -12 - Gillmoss Road E 11.1 m E rN 11.1 m E ,11 39.5 m LAT 3 33sm LOT 1N 11.6m LOT 2 11.1m N LOT4 29.3m 52.0 m LOT 5 „F 47.2 -_..... LOT F ,.» 41.5 m •`� Mar 1 zip 46.0 m LOT 7 F LOT 8 ry�9 Lts' 59.4 m LAT 9 F / 2� m 0 39.9m � E LOT 10 34.0m LOCK 25 PIN. 26Jf1-0A5(LV a.` �s 3510 m - 11 7.6 m 49.66 m m N Submitted Draft Plan of Subdivision C4 4 FILE No: SP 2016-04 and A13/16 PICKERING APPLICANT: 702153 Ontario Limited City Development PROPERTY DESCRIPTION: Part Block M, Plan 418 and Block 25, 40M-1366 (527 Gillmoss Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: April 6, 2018 P