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HomeMy WebLinkAboutPLN 20-18cr PICKERING Report to Planning & Development Committee Report Number: PLN 20-18 Date: June 18, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP -2017-02 Zoning By-law Amendment Application A 05/17 9004807 Canada Inc. (Stonepay) Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547 Recommendation: 1. That the Local Planning Appeal Tribunal be advised that the City of Pickering supports Draft Plan of Subdivision Application SP -2017-02, submitted by 9004807 Canada Inc. an lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, to establish four blocks for residential use, a 0.62 of a hectare block for a village green, a block for a stormwater management pond, a block for a local road (Street `A'), a block for a Type `C' Arterial Road (Palmer's Sawmill Road), and a block for a collector road (Tillings Road extension), as shown on Attachment #5 to Report PLN 20-18, and that the Local Planning Appeal Tribunal grant draft plan approval of the draft plan, subject to the recommended draft conditions as set out in Appendix I to Report PLN 20-18; 2. That the Local Planning Appeal Tribunal be advised that the City of Pickering supports Zoning By-law Amendment Application A 05/17, submitted by 9004807 Canada Inc. to implement the Draft Plan of Subdivision SP -2017-02 and to facilitate a residential condominium development, and that the Local Planning Appeal Tribunal approve the zoning by-law amendment set out in Appendix II to Report PLN 20-18; 3. That the community benefits to be provided by 9004807 Canada Inc. through the bonusing provisions of Section 37 of the Planning Act R.S.O. 1990, for lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, Plan 40R-28547, be approved by the Local Planning Appeal Tribunal as set out in Section 9 of the Zoning By-law Amendment; 4. That the Mayor and City Clerk be authorized to enter into a Section 37 agreement with 9004807 Canada Inc. to secure funding for the future construction of the village green within the Draft Plan of Subdivision SP -2017-02, as outlined in Report PLN 20-18 prior to site plan approval for the first phase of development, in accordance with Section 37 of the Planning Act R.S.O. 1990, on terms satisfactory to the Director, Corporate Services & City Solicitor, which agreement shall be registered against title to the subject lands; 5. That the Director, Corporate Services & City Solicitor and staff be authorized to attend a Local Planning Appeal Tribunal Pre -Hearing Conference, and any subsequent hearings, to support Draft Plan of Subdivision Application SP -2017-02 and Zoning By-law Amendment Application A 05/17 as endorsed by Council; and Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 2 That the Director, Corporate Services & City Solicitor be authorized to sign Minutes of Settlement which include the proposed Zoning By-law Amendment and Conditions of Draft Plan Approval on the City's behalf, subject to such other revisions as are acceptable to the Director, Corporate Services & City Solicitor. Executive Summary: The purpose of this report is to obtain Council's endorsement of Draft Plan of Subdivision Application SP -2017-02 and Zoning By-law Amendment Application A 05/17, submitted by 9004807 Canada Inc. ("Stonepay"), to implement a residential condominium development consisting of a mix of stacked units, back-to-back stacked townhouses and street townhouses on lands located north of Third Concession Road, south of Dersan Street, east of Tillings Road and west of Brock Road (see Location Map, Attachment #1). On December 1, 2017 Stonepay filed appeals to its applications for Draft Plan of Subdivision and Zoning By-law Amendment to the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board) on the basis that the City did not make a decision on the applications within the prescribed timelines as set out in the Planning Act. A pre -hearing conference is expected to be scheduled for late summer or early autumn 2018. Should Council approved the above -noted recommendations, the applicant and the City will prepare minutes of settlement and mutually request the Local Planning Appeal Tribunal to approve the minutes of settlement at the pre -hearing conference. The applicant has revised their proposal in an effort to resolve key concerns identified by the City, the Region and TRCA prior to the pre -hearing conference (see Revised Draft Plan of Subdivision and Revised Conceptual Site Plan, Attachments #5 and #6). The key revisions include: • reducing the total number of dwelling units from 764 units to 726 units • increasing the size of the village green (park block) from 0.48 of a hectare to 0.62 of a hectare, and relocating the village green adjacent to the hydro corridor to provide for an integrated and larger open space system • introducing 62 three-storey street townhouses • eliminating a local road south of Palmer's Sawmill Road • improving internal circulation, site design and layout 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 an increase of 22 units over the permitted maximum density of 80 units per net hectare. In return for the increased density, the applicant will be providing a community benefit in the amount of $260,300.00 to be used towards enhancing the park features in the new village green located within the proposed draft plan of subdivision. City Development staff are in support of the revised concept plan submitted by Stoneypay. The revised concept plan is consistent with the policies for the Duffin Heights Neighbourhood and represents logical and orderly development. In addition, the enhancement of the new village green within the proposed draft plan will benefit the existing community and the future residents. Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 3 Staff recommend that Council endorse the submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment and request that the Local Planning Appeal Tribunal grant approval of the draft plan, subject to conditions of approval as set out in Appendix I, and approve the zoning by-law amendment as set out in Appendix II. Staff also recommend that Council authorize the Director, Corporate Services & City Solicitor to attend the pre -hearing conference and any subsequent meetings, and be authorized to sign Minutes of Settlement on the City's behalf. 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 $260,300.00 contribution to be used towards enhancements within the proposed village green. 1. Discussion 1.1 Property Description The subject lands are located north of Third Concession Road, south of Dersan Street, east of Tillings Road and west of Brock Road within the Duffin Heights Neighbourhood (see Location Map, Attachments #1). The subject lands have an area of approximately 12.42 hectares. The site is presently vacant and the trees along the westerly portion of the property within the established development limits have been removed following issuance of a Topsoil Removal, Fill Placement, Erosion and Sediment Control Permit (see Air Photo Map, Attachment #2). Surrounding land uses include: North: Abutting the subject lands to the north is a hydro corridor, and woodlots on the north and south side of Dersan Street owned by Infrastructure Ontario. To the northwest is the City's Operation Centre and a residential subdivision consisting of detached, semi-detached and townhouse dwellings. East: Immediately to the east (along the west side of Brock Road) are vacant lands for which the City has received three development proposals. Adjacent to the hydro corridor, applications submitted by Duffins Point Inc. have been approved for a 14,000 square metre commercial development, which is presently under construction. North of Palmer's Sawmill Road, applications submitted by Madison Brock Limited, have been approved for a residential condominium development consisting of various stacked dwellings and street townhouses. Immediately to the north of Madison Brock Limited, the City has received applications submitted by Brock Dersan Developments Inc., proposing a residential condominium development consisting of street townhouses, back-to-back stacked townhouses and two apartment buildings. South: Immediately to the south is a hydro corridor, and further south is the Third Concession Road, Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 4 West To the west are valley lands associated with Ganatsekiagon Creek and an existing stormwater management pond, which serves the north-western portion of the Duffin Heights community, 1.2 Applicant's Original and Revised Proposal The applicant has submitted applications for draft plan of subdivision and zoning by-law amendment to facilitate a residential condominium development consisting of a mix of stacked townhouses, back-to-back stacked townhouses and street townhouses. The zoning by-law amendment also requests a density bonus to increase the maximum allowable density, in exchange for the provision of a community benefit. The original draft plan of subdivision proposed four development blocks for residential use consisting of 764 stacked and back-to-back stacked townhouse units. The original plan also included: two park blocks; a stormwater management block; two new local roads; an arterial road (Palmer's Sawmill Road); and a collector road (southerly extension of Tillings Road) (see Original Draft Plan of Subdivision and Original Conceptual Site Plan, Attachments #3 and #4). Proposed Blocks 3 and 4 (residential blocks) and Block 5 (village green) also fronted onto a new north -south local road (Four Season Lane) to be constructed by Madison Brock Limited. Through collaboration between City staff, external agencies and the applicant, a revised concept plan has been submitted that addresses a number of concerns with respect to: the overall design and layout of the proposal; the location and size of the village green; refinements to public roads; building setbacks and separation distance; and pedestrian connectivity (see Revised Draft Plan of Subdivision and Revised Conceptual Site Plan, Attachments #5 and #6). Specifically, the following key changes have been made to the original proposal: • reducing the total number of dwelling units from 764 units to 726 units (a reduction of 38 units); • increasing the land area of the village green (park block) from 0.48 of a hectare to 0.62 of a hectare, and relocating the village green to be adjacent to the hydro corridor to provide for an integrated and larger open space system • introducing 62 three-storey street townhouses • eliminating a local road south of Palmer's Sawmill Road • reducing the length of townhouse blocks and increasing the building separation between certain blocks to accommodate pedestrian walkways • reconfiguring the internal private roadway network and refining building locations to reduce retaining walls and restrict grading works to be within the development limits • relocating some visitor parking spaces to eliminate potential circulation conflict The table below provides a comparison of the development details between the original concept plan and the revised concept plan: Report PLN 20-18 Subject: 9004807 Canada Inc, (Stonepay) June 18, 2018 Page 5 Details of the Applications Original Pian Revised Plan Total net developable area 8.77 hectares 8.81 hectares Total net density 87.1 units per hectare 82.4 units per hectare Total Number of Units proposed 764 units 726 units Stacked Townhouses 516 units 564 units Back -to -Back Stacked Townhouses 248 units 100 units Street Townhouses None 62 units Total Number of Visitor Parking Spaces 160 parking spaces (0.2 spaces per unit) 147 parking spaces (0.2 spaces per unit) Within the four residential blocks, the applicant is proposing four different types of townhouses. The table below outlines the differences between the four types of townhouses and the parking ratio for the different townhouse units: Type Housing T olo yp 9Y Unit Width (metres) No, of Units Parking Ratio Type 'A' Stacked Townhouses 9.3 321 2 spaces per unit (one space in a private garage and one space on a dedicated driveway) Type 'B' 12,6 243 Type C Back-to-back Stacked Townhouses (Rear Loaded — vehicular access at the rear of the dwelling units) 6.5 100 1.66 spaces per unit (some units will have parking spaces within driveways/garages, and some wi1I be located in nearby designated surface parking spaces) Type `E' Street Townhouses 5.5 62 2 spaces per unit (one space in a private garage and one space on a dedicated driveway) Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 6 2. Comments Received 2.1 September 5, 2017 Public Information Meeting and Written Comments A Public Information Meeting was held an September 5, 2017 at which no members of the public attended the meeting to voice their comments regarding the proposed residential development. No comments have been received from the public as a result of circulation of the public notice of the applications. 2.2 City Departments and Agency Comments 2.2.1 Region of Durham • no objection to the proposal subject to the conditions of draft approval of the plan of subdivision provided • the proposed townhouse development is consistent with the policies of the Provincial Policy Statement that encourage the efficient use of land, infrastructure and planned public service facilities • the applications comply with the objectives of the Growth Plan • the Regional Official Plan designates the subject lands as "Living Areas", which are intended to be used predominantly for housing purposes with a mix of housing types, sizes, and tenure • sanitary sewer servicing is available to the subject site to service the proposed development from the existing sanitary sewer located on Tillings Road; however, the sanitary sewer design as proposed in the Functional Servicing Report shall be revised to allow potential sanitary sewer connections and sewage flow from a portion of the future mixed use development and proposed commerical development on the west side of Brock Road to alleviate flow to the Duffin Heights Sanitary Sewer Pumping Station • water supply to the proposed development will be provided through the extension of Valley Farm Road, to be named Palmer's Sawmill Road, and extending the existing 300 mm watermain westerly within the new right-of-way • the Region recommends the overall design for municipal servicing be coordinated and agreed to by all parties prior to finalizing the Functional Servicing Report • as a condition of approval, the Region requires the owner to submit for review and approval, a revised acoustic report, and requires all recommended noise control measures to be included in the subdivision agreement • as a condition of approval, the Region will require a completed Reliance Letter and Certificate of Insurance to extend reliance to the Region for the Environmental Site Assessment Reports and the Landfill Impact Assessment • as a condition of approval, the Region requires the Ministry of Tourism, Culture and Sport's clearance letter indicating all cultural heritage resource requirements at the site have been met Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 7 2.2.2 Toronto and Region Conservation Authority (TRCA) • no objections to the proposal subject to the conditions of draft approval of the plan of subdivision provided • TRCA has reviewed the proposal and provided technical comments on the hydrology, stormwater management and drainage to ensure the criteria of the Duffin Heights Environmental Servicing Plan are met • as a condition of approval, the owner shall provide $85,415.00 plus HST to the City, representing the owner's contribution to compensate for the loss of 5.5 hectares of vegetation on-site which shall be used in combination with City of Pickering funding in agreement with TRCA for the purpose of installing enhanced reforestation on 5.5 hectares of public lands within the Duffins Creek watershed within the City of Pickering • an edge management plan shall be prepared and implemented for lands along the western property line • a restrictive covenant shall be placed over the rear yards of all blocks created adjacent to provincially -owned valley lands to the west and shall have the effect of prohibiting the removal of fences along the lot line of all subject development blocks and the installation of gates or other access through the fences along the lot line of all development blocks 2.2.3 City of Pickering Engineering Services Department • no objections to the proposal subject to the conditions of draft approval of the plan of subdivision provided • the owner shall satisfy all requirements, financial and otherwise of the City of Pickering including, among other matters, the execution of a subdivision agreement between the owner and the City concerning the provisions and installation of roads, stormwater management facility, services, grading, drainage, utilities, construction management, parkland dedication, fencing, noise attenuation and other matters 2.2.4 Hydro One Networks Inc. (HONI) • no objections to the proposal subject to the conditions of draft approval of the plan of subdivision provided • subject property is abutting onto a HONI high voltage transmission corridor • HONI requires the owner to discuss all aspect of the development design and ensure all the HONI's technical requirements are met to it satisfaction and acquire the applicable agreements 2.2.5 Durham Catholic District School Board • no objections to the proposed development • students from this development will aftend St. Wilfrid Catholic Elementary School located at 2360 Southcott Road and St. Mary Catholic Secondary School located at 1918 Whites Road Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc, (Stonepay) Page 8 2.2.6 Durham District School Board • no objections to the proposed development • should he proposed development proceed prior to the opening of a school in the Duffin Heights Neighbourhood, students generated from this development can be accommodated in the system in existing schools 3. Planning Analysis 3.1 The revised proposal is consistent with the Duffin Heights Neighbourhood Policies and Development Guidelines The Duffin Heights Neighbourhood policies of the Pickering Official Plan require a broad mix of housing by form, location, size and affordability within the neighbourhood. New development is required to demonstrate how the proposal is consistent with the Duffin Heights Environmental Servicing Plan (ESP) to the satisfaction of the Region, City and the TRCA. As a condition of approval, the landowners are required to become a party to the cost sharing agreement for Duffin Heights or receive an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the benefitting landowner has made satisfactory arrangements to pay its proportion of the shared development costs. The Duffin Heights Neighbourhood Development Guidelines provide design objectives for the neighbourhood. The Tertiary Pian identifies the lands as residential. The intent of the Guidelines is to further the objectives of the Official Plan and to achieve the following: • an accessible pedestrian -oriented residential areas, distinct in character and harmonious with the larger neighbourhood • a streetscape which is attractive, safe and encourages social interaction with the neighbourhood • a central focus to the neighbourhood which is safe, lively and attractive • a diversity of uses to support neighbourhood and City functions, and • a mix of housing types, forms, affordability and tenure on a variety of lot frontages The revised draft plan of subdivision and concept plan conforms with the Duffin Heights Neighbourhood policies and Development Guidelines. The revised draft plan provides for a larger village green relocated adjacent to the hydro corridor and woodlot creating a continuous parks/open space system that will be a central focal area for this neighbourhood. To ensure early delivery of the village green, and coordinate construction with works in the adjacent hydro corridor, the applicant will be required to include Block 5 (the village green/parkland) in the first phase of registration of the plan. The revised concept plan also provides for a greater mix of housing types consisting of three different types of housing forms including stacked townhouse, back-to-back stacked townhouses and street townhouses with a variety of unit widths and building heights. The overall design and layout of the revised concept plan facilitates a pedestrian -oriented residential development by creating an attractive urban streetscape along public roads, allowing for convenient pedestrian circulation through an enhanced internal pathway connections, improved internal vehicular circulation and additional landscaped areas. Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 9 Through the site plan approval process, staff will continue to work with the applicant to further review detailed urban design and architectural matters in accordance with the Duffin Heights Neighbourhood Development Guidelines including: building location and siting; internal pedestrian circulation and connections; internal landscaping, location of visitor parking spaces; architectural design; and location of community mailboxes and water meter rooms. 3.2 The applicant's request meets the Bonus Zoning provisions of the Official Plan The Pickering Official Plan designates the subject lands as "Urban Residential Areas — Medium Density Areas" within the Duffin Heights Neighbourhood. The permitted residential density range for Medium Density is over 30 units and up to and including 80 units per net hectare. The proposed development will result in a density of approximately 87 units per net hectare, which is not within the permissible density range. The applicant has made a request for Bonus Zoning (Density Bonusing) to allow for an additional 22 units, an approximate three percent increase in density. Section 37 of the Planning Act authorizes municipalities with appropriate Official Plan provisions to pass zoning by-laws for increases in height or density beyond what is permitted by the zoning by-law, in return for the provision by the applicant of community benefits. The City's Official Plan contains such policy provisions which 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, such as but not limited to: additional open space or community facilities; assisted or special needs housing; the preservation of heritage buildings or structures; or the preservation of natural heritage features and functions • when considering an increase in density or height, and allowing the provision of benefits off-site, the positive impacts of the exchange should benefit the social/cultural, environmental and economic health of surrounding areas experiencing the increased height andlor density • the effects of the density or height bonus have been reviewed and determined by Council to be in conformity with the general intent of the Official Plan, by considering matters such as: • the suitability of the site for the proposed increase in density and/or height in terms of -parking, landscaping, and other site-specific requirements • the compatibility of any increase in density and/or height with the character of the surrounding neighbourhood, and • as a condition of granting a density or height bonus, the City requires the benefiting landowner(s) to enter into one or more agreements, registered against the title of the lands, dealing with the provision and timing of specific facilities, services or matters to be provided in return for the bonus Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 10 The applicant's revised proposal of 726 units is a 3 percent increase over the permitted maximum density of the of "Urban Residential Areas -- Medium Density Areas" designation of 80 units per net hectare. Based on a review of the bonus zoning best practices from other GTA municipalities and recently approved request for density bonusing by Madison Liverpool, 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 between the current appraisal of the property and the property value resulting from the increased density. Several municipalities 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 design and construct village green and the future soccer pitches within the abutting hydro corridor is estimated to be approximately $600,000.00. The applicant has prepared and submitted a land appraisal report, prepared by Wagner, Andrews & Krovacs Ltd., dated May 9, 2018, to assist in determining the cash contribution for the community benefit in exchange for an additional 22 dwelling units. Based on a reasonable portion of the increased land value resulting from the increased density, the applicant has agreed to a cash contribution required for the community benefit of $260,300.00. This contribution represents 35 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 $260,300.00 for the capital improvement towards an enhanced village green located within the draft plan of subdivision, 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 will specify the improvements to be undertaken with the contribution money The applicant has worked collaboratively with the City. Several iterations of the concept plan were prepared to ensure that the additional increase in density satisfactorily addressed the City's objective of exhibiting quality urban design; providing the required parkland dedication to serve the Duffin Height's Neighbourhood; conforming to the Duffin Heights Neighbourhood policies and Design Guidelines; and satisfying the requirements of the City, the Region and the TRCA. The proposed development is considered good planning, and the increase in the maximum density in return for the provision of community benefit, is appropriate. 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. Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 11 3.3 Tree Compensation On February 24, 2017 the City issued a Topsoil Removal, Fill Placement, Erosion and Sediment Control Permit to remove the trees along the westerly portion of the subject lands within the established development limits. TRCA has advised that the forested area that was on the property was a 5.5 hectare section of a larger woodland that is over 20 hectares in size. The applicant has agreed to provide a financial compensation in the amount of $85,415.00 plus HST to the City for the loss of vegetation on-site. The funds will be used in combination with City of Pickering and TRCA for the purpose of installing enhanced reforestation on 5,5 hectares of public lands within the Duffins Creek watershed within the City of Pickering. 3.4 Future parklands west of Brock Road in the Duffin Heights Neighbourhood City Council Resolution #323117 directed staff to work with developers and agencies to plan and provide appropriate outdoor recreation areas/parks in the Duffin Heights Neighbourhood. As noted earlier in this report, the applicant has increased the land area of the village green (park block) from 0.48 of a hectare to 0.62 of a hectare, and relocated the village green to be adjacent to the hydro corridor in order to provide for an integrated and larger open space system. The City intends to enter into a long term lease of hydro corridor lands to the west of Brock Road for playing fields and a soccer pitch. In addition, a public school with outdoor playing fields is anticipated to be located on the decommissioned City Operations Centre. Surplus City -owned land from the Operations Centre site, not required by the school board, is also anticipated to be developed for public park purposes. These planned improvements will increase the parkland available to existing and future residents living to the west of Brock Road. 3.5 The applicant is required to become a party to the Duffin Heights cost sharing agreement or pay their proportionate share of the development costs The owner has been made aware of the requirement within the Duffin Heights Neighbourhood Policies to become a party to the cost sharing agreement for Duffin Heights or receive an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the benefiting landowner has made satisfactory arrangements to pay its proportionate share of the development costs. A condition of draft approval addresses this requirement. 3.6 Technical matters will be addressed as conditions of subdivision approval and through site plan approval Site plan applications will be required for each block of development. Detailed design issues will be dealt with through the subdivision agreement and site plan approval process. These requirements will address matters such as, but not limited to: • construction management/erosion and sediment control • stormwater management Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 12 • noise mitigation measures • drainage and grading • site servicing • building design • landscaping • resident, visitor and accessible parking spaces • waste management collection • location of Community Mailboxes • preparation and review of the detailed design of municipal road; and • securities for the construction of municipal road and stormwater management facility 3.7 Council is requested to support the conditions of draft plan approval and draft zoning by-law amendment for presentation to Local Planning Appeal Tribunal (LPAT) Over the past few months, both staff and the applicant have addressed various issues, many of which in turn have been resolved through the attached conditions of draft plan of subdivision and draft zoning by-law amendment. Staff recommend that Council endorse the submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment applications and request that the Local Planning Appeal Tribunal grant draft plan approval of the draft plan, subject to conditions of approval as set out in Appendix I, and approve the zoning by-law amendment as set out in Appendix IL Staff also recommend that Council authorize the Director, Corporate Services & City Solicitor to attend the Pre -hearing conference and any subsequent meetings, and be authorized to sign Minutes of Settlement on the City's behalf. Appendices: Appendix I Recommended Conditions of Approval for Draft Plan of Subdivision SP -2017-02 Appendix II Recommended Zoning By-law Provisions for Zoning By-law Amendment A 05/17 Attachments: 1. Location Map 2. Air Photo Map 3. Original Draft Plan of Subdivision 4. Original Conceptual Plan 5. Revised Draft Plan of Subdivision 6. Revised Conceptual Site Ran Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 13 Prepared By: Cristina Celebre, MCIP, RPP Principal PI.: nner, Development Review Nile S• rti, CIP, RPP Manager, Development Review & Urban Design CC:NS:Id Approved/Endorsed By: Catherine Rose, MCIP, RPP Chief Planner Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng• Chief Administrative Officer 1.€4,1w 41 20/8 Appendix I to Report No. PLN 20-18 Recommended Conditions of Approval for Draft Plan of Subdivision SP -2017-02 Recommended Conditions of Draft Approval June 18, 2018 Plan of Subdivision: SP -2017-02 9004807 Canada Inc. (Stonepay) (Part of Lots 19 and 20, Concession 3, and Now Parts 1 to 5, 40R-28547) City of Pickering General 1. That the Owner shall prepare the final plan, and shall include a land use table, generally on the basis of the approved draft plan of subdivision prepared by The Biglieri Group Ltd. identified as Project No. 15336 for lands being Part of Lots 19 and 20, Concession 3, and Now Parts 1 to 5, 40R-28547 City of Pickering, which illustrates 4 blocks for residential development (Blocks 1, 2, 3 and 4), 0.62 hectare village green (Block 5), stormwater management pond (Block 6) and roads (Street `A', Tillings Road and Palmer's Sawmill Road). Region of Durham 2. That the Owner shall prepare the final plan on the basis of the approved draft plan of subdivision, prepared by The Biglieri Group Ltd., identified as Project No. 15336, dated March 27, 2017, which illustrates 4 blocks for 726 townhouse units, a village green block, a stormwater management pond block and roads. 3. That the Owner shall name road allowances included in this draft plan to the satisfaction of the Region of Durham and the City of Pickering. That the Owner shall submit plans showing the proposed phasing to the Region of Durham and the City of Pickering for review and approval if this subdivision is to be developed by more than one registration. 5. That the Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the Region of Durham. 6. That the Owner shall submit a Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA) for the subject site. The findings of the Phase One ESA could also necessitate the requirement for an RSC Compliant Phase Two ESA and an RSC through the Ministry of the Environment and Climate Change, accompanied by any additional supporting information. Prior to final approval, the Owner must provide a completed Regional Reliance Letter and Certificate of Insurance to support the RSC Compliant ESA report(s). 7 That the Owner shall submit to the Region of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on projected traffic volumes provided by the Region of Durham Planning and Economic Development Department, and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment and Climate Change guidelines. The Owner shall agree in the Subdivision Agreement to implement the recommended noise control measures. The Agreement shall contain a full and complete reference to the noise report (i.e., author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. Recommended Conditions of Approval (SP -2017-02) Page 2 9004807 Canada Inc. (Stonepay) 8. That the Owner shall provide the Region of Durham with an archaeological clearance letter from the Ministry of Tourism, Culture and Sport for WSP Canada Inc.`s report entitled, Stage 1 Archaeological Assessment, dated December 10, 2014, and Archeoworks Inc.'s report entitled, Stage 2 Archaeological Assessment, dated August 25, 2015. 9. That the Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region of Durham, and are to be completed prior to final approval of this plan. 10. That prior to entering into a subdivision agreement, the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 11. That the Owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. Subdivision Agreement 12. 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 13. That the Owner submits a 40M -Plan to the satisfaction of the City Development Department. Zoning 14. That the implementing by-law for Zoning By-law Amendment Application A 05/17 becomes final and binding. Street Names and House Numbers 15. That street names and signage be provided to the satisfaction of the Region and the City. 16. That house numbers are assigned as per the City's addressing conventions. Development Charges & Development Review Inspection Fee 17. That the Owner satisfies the City financially with respect to the Development Charges Act. Recommended Conditions of Approval (SP -2917-92) Page 3 9004807 Canada Inc, (Stonepay) 18. That the Owner satisfies the City with respect to payment for development review and inspection fees. Dedications/Transfers/Conveyances 19. That the Owner conveys to the City, at no cost: i, road allowances, Street 'A', Tillings Road and Palmer's Sawmill Road along with the proper corner roundings and sight triangles to the City and any other easements as required; ii. 0.3 metre reserve(s) as required by the City. Stormwater 20. That the Owner satisfies the Director, Engineering Services respecting interim storm drainage and stormwater management measures for the drainage of Street 'A', Tillings Road and Palmer's Sawmill Road as well as any off-site drainage to the satisfaction of the City. 21. That the Owner satisfies the Director, Engineering Services that all stormwater management, and erosion and sedimentation control structures are operating and will be maintained in good repair during the construction period for Street 'A', Tillings Road and Palmer's Sawmill Road. 22. That the owner satisfies the Director, Engineering Services to implement all water balance/infiltration measures identified in the approved Duffin Heights Environmental Servicing Pian and Functional Servicing and Stormwater Management Report. 23. That the owner shall prepare and submit a detailed design and maintenance plans for the stormwater management facility to the satisfaction of the Director, Engineering Services, 24. That prior to the initiation of grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the Owner shall submit the following to the Toronto and Region Conservation Authority (TRCA) and the City of Pickering for review and approval: a. A revised FSSR consistent with the Duffin Heights ESP as approved by the TRCA and City of Pickering. b. The FSSR shall include a detailed design for the storm drainage system for the proposed development including: i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate stormwater management practices to be used to treat stormwater to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design and maintenance plans for any stormwater management facilities; Recommended Conditions of Approval (SP -2017-02) Page 4 9004807 Canada Inc. (Stonepay) iv, an Erosion and Sediment Control Plan, consistent with the Erosion and Sediment Control Guidelines for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007), as amended; v, location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended; vi. plans illustrating how the design of the stormwater management facility considers wildlife passages and innovative design features such as wetland forebays and outlets. c. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating among other matters how all vegetation in the natural heritage system will be protected from grading and construction impacts. d, A landscape plan for Block 6 (stormwater management facility). Grading 25. That the Owner satisfies the Director, Engineering Services respecting submission and approval of a grading control plan for Street 'A', Tillings Road and Palmer's Sawmill Road. 26. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a geotechnical soils analysis for Street 'A', Tillings Road and Palmer's Sawmill Road. 27. That the Owner satisfies the Director, Engineering Services respecting authorization from abutting landowners for all offsite grading. Fill & Topsoil 28. 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 29. That the Owner satisfies the Director, Engineering Services respecting the submission of appropriate engineering drawings for Street 'A', Tillings Road and Palmer's Sawmill Road that detail, among other things, City services, construction of roads with curbs, storm sewers, pedestrian walkways/sidewalks, boulevard design, lot grading, streetlights, fencing and tree planting, and financially secure such works. 30, That the Owner satisfies the City respecting arrangements for the provision of all services required by the City for Street At, Tillings Road and Palmer's Sawmill Road. 31. 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 for Street `A', Tillings Road and Palmer's Sawmill Road. Recommended Conditions of Approval (SP -2017-02) Page 5 9004807 Canada Inc. (Stonepay) 32. 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 for Street 'A', Tillings Road and Palmer's Sawmill Road. Phasing & Development Coordination 33. 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. 34. That if this subdivision is to be developed by more than one registration, Block 5 shall be conveyed to the City as part of the first registration. Easements 35. That the Owner convey to the City, at no cost, any easements as required, and any reserves as required by the City. 36. That the Owner conveys any easements 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. 37. That the Owner arrange 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 at any time after draft approval. That the Owner satisfies the Director, Engineering Services with any required on-site or off-site easements for works, facilities or use rights that are required by the City. Construction Management Plan 38. That the Owner make arrangements with the City respecting a construction management plan for Street `A', Tillings Road and Palmer's Sawmill Road, such Plan to contain, among other things: 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 materials during servicing and construction of Street `A', Tillings Road Extension and Palmer's Sawmill Road, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on existing streets; 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; and vii. details of the temporary construction access. Recommended Conditions of Approval (SP -2017-02) Page 6 9004807 Canada Inc. (Stonepay) Fencing 39. 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. 40. That the Owner agrees to submit a landscape fencing plan, to the satisfaction of the Director, Engineering Services. This plan shall include a 1.5 metre black vinyl chain link fence on the southwest limit of the village green (Block 5) and the north limit of the stormwater management facility (Block 6). 41. That a restrictive covenant be placed over the rear yards of all lots created adjacent to Block 5 (village green) and Block 6 (stormwater management facility). The restrictive covenant shall have the effect of prohibiting: 1) the removal of fences along the lot lines of development blocks; and 2) the installation of gates or other access through the fences along the lot line of all development blocks. Landscaping 42. That the Owner submits a tree preservation/street tree planting plan to the satisfaction of the Director, Engineering Services. This is to include boulevard plantings along Street 'A', Tillings Road and Palmer's Sawmill Road, as well as an edge management plan along the protected woodiot west of Tillings Road. Engineering Plans 43. That the Owner satisfy the City of Pickering respecting arrangements necessary to provide for coordination of services and roads with adjacent lands. Parkland Dedication 44. That the Owner shall convey to the City Block 5 (village green — minimum 0.62 of a hectare) at no cost and in a physical condition acceptable to the City for parkland dedication, to the satisfaction of the City, in order to satisfy Section 42(1) of the Planning Act, as part of the first registration of the plan. Fire 45. That the Owner agrees that no development will proceed on any lands until adequate services are available including adequate water pressure to the satisfaction of the City's Fire Services Department. Recommended Conditions of Approval (SP -2017-02) Page 7 9004807 Canada Inc, (Stonepay) Duffin Heights Cost Sharing 46, That the Owner satisfy, to the satisfaction of the City of Pickering, all matters required by the Duffin Heights Environmental Servicing Plan, including but not limited to the following: i. Functional Servicing and Stormwater Report; ii. Monitoring Report; iii. Compensation Report; iv. Fish Habitat Restoration Fund contribution; v. Watershed System Monitoring and Management Fund contribution; and vi. Adaptive Management Fund contribution. 47. That the Owner satisfies the City with a letter from the Trustee for the Duffin Heights Landowners Group Inc. acknowledging that the Owner continues to be a Participating Owner pursuant to the cost sharing agreement for Duffin Heights and that the Owner has made all payments due under the said cost sharing agreement. Toronto and Region Conservation Authority 48. That prior to the initiation of grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the Owner shall submit the following to TRCA and the City of Pickering for review and approval: a. A detailed Stormwater Management Report to include a detailed design for the storm drainage system for the proposed development including: i, plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate Low Impact Development stormwater management practices to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design, thermal mitigation and maintenance plans for any stormwater management facilities; iv. an Erosion and Sediment Control Report and Plans, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007), as amended; b, Revised Water Balance calculations and, if required, mitigation measures. c. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating, among other matters, how vegetation within 10.0 metres of the west property boundary on Blocks 2 and 6 will be protected to the extent practical from grading and construction impacts. Recommended Conditions of Approval (SP -2017-02) Page 8 9004807 Canada Inc. (Stonepay) d. An Environmental Impact Study and detailed plans for the Tillings Road extension, to TRCA satisfaction. e. Landscaping plans for Block 6 (stormwater management facility). 49. That the Owner shall provide a letter of credit to the City of Pickering for the full cost of the landscaping identified in Condition 48(e). 50. That the Owner shall obtain all necessary permits required pursuant to Ontario Regulation 166/06, as amended, prior to registration. 51. That the Owner shall enter into an agreement with the TRCA committing to undertake a monitoring program of the sensitive reach GGC-2 (Ganatsekiagon south of Rossland Road), if necessary, to TRCA's satisfaction and prior to the issuance of any TRCA permits. 52. That the Owner shall provide a letter of credit to the TRCA for the full cost of the implementation of the monitoring program identified in Condition 51, prior to the issuance of any TRCA permits. 53. That prior to the registration of this Draft Plan of Subdivision or any phase thereof, the Owner shall provide $85,415.00 plus HST to the City of Pickering, representing the Owner's contribution to compensate for the loss of 5.5 hectares of vegetation on-site, which shall be used in combination with City of Pickering funding in agreement with TRCA for the purpose of installing enhanced reforestation on 5.5 hectares of public lands within the Duffins Creek watershed within the City of Pickering. The amount of funds will increase every year by the cost of living allowance if not provided prior to the first anniversary of the date of approval of these conditions. 54. That the Owner shall revise the grading and servicing plans to maintain the vegetation within 6.0 metres east of the western property line to the extent possible, and prepare and implement an Edge Management Plan along this boundary to TRCA's satisfaction, prior to the issuance of any TRCA permits. 55. That the Owner shall provide a letter of credit to the TRCA for the full cost of the Edge Management Plan identified in Condition 54. 56. That the Owner shall install fences along the boundary of the development lots and adjacent provincially -owned valley lands to the west. 57. A restrictive covenant shall be placed over the rear yards of all blocks created adjacent to the provincially -owned valley lands to the west, concurrent with or prior to registration. The restrictive covenant shall have the effect of prohibiting: 1) the removal of fences along the lot line of all subject development blocks; and 2) the installation of gates or other access through the fences along the lot line of all development blocks. 58. That the Owner agrees in the subdivision agreement, in wording acceptable to the TRCA: a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition 48. Recommended Conditions of Approval (SP -2017-02) Page 9 9004807 Canada Inc. (Stonepay) b. To agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA. c. To design and implement on-site erosion and sediment control. d. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA. e. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA. f. To erect a permanent fence, to the satisfaction of the City of Pickering and TRCA, along the boundary of the development blocks and the provincially -owned valley lands to the west. g. To implement all water balance/infiltration measures identified in the approved SWM Report. h. To commit to provide appropriate information to all perspective buyers of lots adjacent to the publicly owned natural heritage system through all agreements for purchase and sale, sales information, and community maps to ensure that the land Owners are well informed that private use and/or access to the open space blocks shall not be permitted, and reflect the intent of the following: "The open space adjacent to the subject property is considered to be part of the publicly owned natural heritage system and will be maintained for environmental protection, and public use purposes. Please note that uses such as private picnics, barbeque or garden areas; and/or the dumping of refuse (e.g. grass/garden clippings, household compostable goods, garbage etc.) are not permitted on these lands. In addition, access to the valley corridor such as private rear yard gates and/or ladders are prohibited." To agree that the City of Pickering will not assume the Subdivision until the TRCA provides written confirmation that the monitoring program of the sensitive reach GGC-2 and the Edge Management Plan has been completed to their satisfaction and that the TRCA have released the letters of credit for same. 59. That the Draft Plan of Subdivision be red -line revised in order to meet the requirements of the TRCA's conditions, if necessary. This may include adjustments to the Block 6 (stormwater management facility), and/or the townhouse blocks to address outstanding technical issues. 60. That the Owner will be required to provide a TRCA clearance fee prior to TRCA clearing any of the Draft Plan conditions. The current clearance fee applicable to this proposal is $16,600.00 and is subject to change. Recommended Conditions of Approval (SP -2017-02) Page 10 9004807 Canada Inc. (Stonepay) Hydro One Networks inc. 61. That the developer must contact Maria Agnew., HONI Senior Real Estate Coordinator at 905.946.6275 to discuss all aspects of the draft plan of subdivision design, and ensure all of HONI's technical requirements are met to HONI's satisfaction. 62. That prior to HONI providing its final approval, the developer must make arrangements satisfactory to HONI for lot grading and drainage. Two copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to HONi for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. 63. That any development in conjunction with the subdivision must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. 64. That at the developer's expense, temporary fencing must be placed along the easement corridor during construction, and permanent fencing must be erected where subdivision lots directly abuts the transmission corridor. 65. That the costs of any relocations or revisions to HONI facilities which are necessary to accommodate this subdivision will be borne by the developer. 66. That the easement rights of HONI and its legal predecessors are to be protected and maintained. Model Homes 67. That the Owner enters into a model home agreement with the City, if applicable for this draft plan. All model horses must be iri compliance with the approved site plan drawings. Other Approval Agencies 68. 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. Plan Revisions 69. 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. 70. 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 (SP -2017-02) Page 11 9004807 Canada Inc. (Stonepay) 71. 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 1. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. 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. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the City of Pickering subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Commissioner of Planning and Economic Development, Planning Division, Regional Municipality of Durham, 605 Rossland Road East, P.O. Box 623, Whitby, ON L1 N 6A3, 1.800.372.1102; (b) Toronto and Region Conservation Authority, Planning and Development, 101 Exchange Avenue, Vaughan, ON L14K 5R6, 1.888.872.2344. 5. Prior to final approval of this plan for registration, the Director, City Development & CBO for the City of Pickering shall be advised in writing by: (a) The Region of Durham, how Conditions 2 to 11, inclusively have been satisfied; (b) TRCA, how Conditions 48 to 60, inclusively have been satisfied; and (c) Hydro One Networks Inc., how Conditions 61 to 66, inclusively have been satisfied. 6. The transmission lines abutting this subdivision operate at either 500,000, 230,000 or 115,000 volts. Section 188 of Regulation 213191 pursuant to the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the developer's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Appendix!! to Report No. PLN 20-18 Recommended Zoning By-Iaw Provisions For Zoning By-Iaw Amendment A05!17 The Corporati E3 Firof Pickering XXX/18 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, City of Pickering (A 05/17) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, in the City of Pickering to permit residential uses consisting of block townhouses and stacked townhouses, parkland and stormwater management uses; Whereas the Official Plan for the City of Pickering contains provisions relating to the authorization of increase 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 provisions 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 3037, as amended, is permitted in return for the provisions of the facilities, services and matters set out in this By-law, and will be secured an agreement between the owner of the lands and the City of Pickering; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I and II Schedules I and II to this By-law 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 being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, in the City of Pickering, designated "MU -MD -2", "NP" and "OS -HL" on Schedule 1 to this By-law. By- M'' 1 18 Page 2 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) "Amenity Area" means an outdoor area located anywhere on a lot, or the roof of a parking structure, private garage or any other building which includes landscaped area, but which may also include areas of decking decorative paving or other similar surface and includes a balcony, porch or deck and which has direct access from the interior of the dwelling unit. (2) "Balcony" means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. (3) "Bay, Bow, Box Window" means 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. (4) "Building" means a structure occupying an area greater than 10.0 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (5) "Build -to -Zone" means an area of land in which all or part of a building elevation of one or more buildings is to be located. (6) "Deck" means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (7) (a) "Dwelling" means a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" means a residential unit that: i) consists of a self-contained set of rooms located in a building or structure; ii) is used or intended for use as a residential premises; iii} contains kitchen and bathroom facilities that are intended for the use of the unit only; and iv) is not mobile home or any vehicle. B - X118 Page 3 (0) "Dwelling, Block Townhouse" means a residential use building containing three or more attached principal dwelling units divided vertically, and where all dwelling units are located on one lot and accessed from a private street, laneway or common condominium aisle. (d) "Dwelling, Stacked" means a residential use building of four or fewer storeys in height containing three or more principal dwelling units where the units are divided horizontally and vertically, and in which each dwelling unit has an independent entrance to the interior unit. (8) "Front Wall" means a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. (9) "Grade" or "Established grade" means, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building and when used with reference to a structure shall mean the average elevation of the finished surface of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment. (10) "Height, Building" means the vertical distance between the established grade, 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 level between eaves and ridge. (11) "Landscaped Area" means an outdoor area comprising trees, plants, decorative stonework, retaining walls, walkways, or other landscape or architectural elements, excluding aisles, private streets, driveways, porches, decks, and areas for loading, parking or storing of vehicles. (12) "Lane" means a thoroughfare not intended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public or private open space. The lane may be maintained by a condominium corporation as a private road condominium or by a government authority. (13) "Neighbourhood Park" means a municipal public park. (14) "Parapet Wall" means the portion of an exterior wall extending above the roof. (15) "Porch" means a roofed deck or portico structure attached to the exterior wall of a building; a basement may be located under the porch. (16) "Primary Entrance Door" means the principal entrance by which the resident enters or exists a dwelling unit. By-law ;P l A17 CX/18 Page 4 j ti � (17) "Private Garage" means 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. (18) "Storey" means that portion of a building other than a basement, cellar or attic, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it. (19) "Street" mean a public highway but does not include a lane. Where a 0.3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purposes of determining setbacks the street shall be deemed to include the 0.3 metre reserve and/or the daylight triangle; however, nothing herein shall be interpreted as granting a public right of access over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purposes under the Municipal Act. (20) "Street, Private" means: i) a right-of-way or roadway, that is used by vehicles and is maintained by a condominium corporation; ii) a private road condominium, which provides access to individual freehold lots; iii) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; iv) a private right-of-way over private property, that affords access to Tots abutting the private street, but is not maintained by a public body and is not a lane. (21) "Water Meter Building" means a building or structure that contains devices supplied by the Region of Durham which measures the quantity of water delivered to a property. 5. Provisions ("MU -MD -2" Zone) (1) Uses Permitted ("MU -MD -2" Zone) No person shall within the lands zoned "MU -MD -2" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) Block Townhouse Dwelling (b) Stacked Dwelling (2) Zone Requirements ("MU -MD -2" Zone) No person shall within the lands zoned "MU -MD -2" on Schedule I to this Bylaw, use any lot or erect, alter, or use any building except in accordance with the following provisions: By-law 1 X118 Page 5 Q (a) Number of Dwelling Units: (i) Minimum number of dwelling units: 264 units (ii) Maximum number of dwelling units: 704 units (iii) Minimum number of Block Townhouse Dwelling units: 62 (b) Building Location and Setbacks: (i) No building or part of a building, or structure shall be erected outside of the building envelope as illustrated on Schedule II attached hereto. (ii) No building, or portion of a building, or structure shall be erected within the building envelope, unless a minimum of 60 percent of the length of the build -to -zone along the frontages of Street 'A', Palmer's Sawmill Road, Four Season's Lane and Tillings Road, as illustrated on Schedule II attached hereto, contains a building or part of a building. (iii) The separation distance between the front wall of a building or a dwelling where it faces the front wall of another building or a dwelling shall be a minimum of 11.0 metres. (iv) The minimum separation distance between the exterior walls of buildings or dwellings, except for the front wall, shall be a minimum of 3.0 metres. (v) Despite Section 2(b)(iv) above, where a sidewalk is located between buildings or dwellings, the minimum separation distance between the exterior walls of buildings or dwellings, except for the front wall, shall be a minimum of 4.5 metres. (vi) Maximum length of a block of Townhouse Dwellings or a block of Stacked Dwellings shall be 51 metres. (c) Building Height (maximum): (i) Block Townhouse — 12.0 metres (ii) Stacked Townhouse — 14.0 metres (d) Parking Requirements ("MU -MD -2" Zone): The minimum parking rates for the uses permitted in a "MU -MD -2" Zone shall be provided in accordance with the following provisions: Unit Type Residential Rate Visitor Parking Rate (i) Block Townhouse A minimum of 2.0 parking spaces per dwelling unit a minimum of 0.2 of a parking space per dwelling unit (ii) Stacked Townhouse a minimum of 1.50 parking spaces per dwelling unit /18 Page 5 (e) Special Parking Provisions ("MU -MD -2" Zone): (i) Any vehicular entrance for an enclosed private garage shall be located a minimum of 5,0 metres from the private street that provides vehicle access to the private garage. (ii) 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. (iii) Each surFace parking space, not within a private garage or on a driveway shall have a minimum width of 2.6 metres and a minimum depth of 5.3 metres. (iv) No parking lot or parking space shall be permitted within 4.5 metres of a street. (v) The minimum right-of-way width for a private street shall be 6.5 metres. (fy Landscape Area and Private Residential Amenity Area (i) Minimum landscape area requirements — 20 percent (ii) Minimum Private Residential Amenity Area -- 4.5 square metres per dwelling unit (iii) Minimum Balcony depth — 1.5 metres (g) Air Conditioners (1) Air conditioner units shall not be located between the front wall of a building or a dwelling and a street. (3) Projections ("MU -MD -2" Zone) (a) Despite Section 5(2)(b)(i), stairs, covered and uncovered porches and platforms, uncovered decks, bay, box and bow windows, balconies, eaves, canopies, window sills and other similar features are permitted to project beyond the building envelope as illustrated on Schedule II, but not closer than 1.5 metres to any lot line; (b) Despite Sections 5(1) and 5(2) of this By-law, a water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from the "MU -MD -2" zone use provisions and zone requirements; (c) Section 5.19.2 of By-law 3037, as amended, shall not apply to the lands zoned "MU -MD -2" on Schedule I attached hereto, iX XI18 Page 7 6. Provisions ("OS -HL" Zone) (1) Uses Permitted ("OS -HL" Zone) No person shall within the lands zoned "OS -HL" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (1) Resource Management, including a Stormwater Management Facility 7 Provisions ("NP" Zone) (1) Uses Permitted ("NP" Zone) No person shall within the lands zoned "NP" on Schedule 1 attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Neighbhourhood Park 8. Restrictions on the Parking and Storage of Vehicles No person shall use any lot for the parking or storage of vehicles except in accordance with the following provisions: (1) Number of Vehicles: (i) A maximum of 2 vehicles, only 1 of which may be a trailer, are permitted to park on a driveway. (2) Size of Vehicles: (3) (1) for those vehicles parked on any driveway, the maximum permissible height is 2.6 metres, and the maximum permissible length is 6.0 metres; (ii) height is measured from the established grade immediately beside the vehicle up to the vehicle's highest point, which excludes lights, antennas and other such items ancillary to the vehicle's body. Location of Vehicles: (i) No part of any yard except a driveway is to be used for the parking or storage of vehicles and no vehicle is to encroach onto any Street or Private Street. (4) Inoperative Vehicles: (i) The parking or storage of an inoperative vehicle is not permitted unless it is entirely within a fully enclosed building or structure. XXXX/18 Page 8 (5) (6) Construction Vehicles: (i) The parking or storage of a construction vehicle or a commercial vehicle is not permitted, unless it is entirely within a fully enclosed building or structure. Oversize Vehicles: (i) A vehicle that exceeds the maximum permissible vehicle size provisions of Section 8(2), is permitted to park temporarily for the sole purpose of delivering to, servicing or constructing the premises 9. Section 37 Provisions (a) An indexed cash contribution of $260,300.00 to be paid to the City prior to the issuance of site plan approval for the first phase, to be allocated towards a new Village Green within the Draft Plan of Subdivision and/or soccer pitches within the abutting hydro corridor; (b) The cash contribution identified in Section 9(a) of this By-law shall be indexed in accordance with the most current Statistics Canada Non -Residential Construction Price Index reported quarterly by Statistics Canada, calculated from the date of passing of this by-law to the date of payment by the owner; (c) In the event the cash contribution referred to in Section 9(a) of this By-law has not been used for the intended purposes within 3 years of the By-law coming into force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Director, City Development, in consultation with the Ward Councillor(s), provided that the purposes will benefit the community in the vicinity of the lands; (d) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in density of the development is permitted beyond that otherwise permitted on the subject lands shown on Schedule to this By-law in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Section 5(a) of this By-law and which are secured by one or more agreements pursuant to Subsection 37(3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor; The owner shall not use, or permit the use of, a building or structure erected with an increase in density pursuant to this By-law unless all provisions and obligations in this By-law are met; and Despite Section 5(2)(a) of this By-law, an additional 22 dwelling units are permitted upon execution and registration on title of a Section 37 agreement pursuant to Section 9(d) of this By-law. /18 Page 9 10. Model Homes (1) For the purposes of this By-law, "Model Home" shall mean a dwelling unit which is not used for residential purposes, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. (2) A maximum of 2 Block, together with not fewer than 4 parking spaces per Model Home, may be constructed on the lands zoned MU -MD -2 as set out in Schedule 1 attached to this By-law prior to the division of these lands by registration of a plan of subdivision, 11 By-law 3037 By-law 3037, 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 3037, as amended. 12. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. ❑ersan Street Block 4 Block 3 MU -MD -2 a MU -MD -2 U. E O 0 / \ - Palmer's Sawmill Road 1, Block2 M ,6 9D OS -HL Season's Lane 0 Schedule I to By -Law FT 0 0 0 William Jackson Drive --•-- Building Envelope Build to Zone Schedule to By -Law DRAFT Brock Road ATTACHMENT 0 / TO RF PORT !r PLNI 11 ■I Wnaa X1111111111111 j �IIIIIIIIIIIIIl ; 1`((!11II1rIIIrIuhII .2;11111[1111 f11I1l I11ImII11II - `yi1111mI1I11r11I1i .1111111111 �0111IIIIIIIIIII1ti 111111111111 — MI IIIII•Il 1 [I R H 111{li1F r�rr■k r. 11111111111111111 1II11IIIIIIIIIIII!- �I.i�yrnr�.lerer- r 1I1111iyllllllllrr•= minimum II]IIIIIJIIIlllli = _ G ' 1II1IIIIIIEI 1 .i. ... •«*.t•. i�ttt+tt•! . ♦tttt.• itttt•t: �••ttt•t rpt+trtt+tttltl+t� LIIh\ ;$•+:t«tt�♦�t*1:444 • • • Subject ; ;• •;, Lands; Ott+•...t.♦t•4 ►,t•••••••••. .,t;t t*•,t❖.•t•t;, 440,At•0•t•t•t•t•4.4 t•ttt••ttI •t••t•••t +�tt•t•tt4 tttt•tttt*tt• 4 ••t•tttt••4 4❖t A '1+104.41♦•• ;t4 .!.; S rep 1 `611111 60 6.4 PICKERI NG City Development Department 004 "mill 111 1�� �►1►���a�11 .�� .. _ u ►►►►►411.3 �11111,11'�r�.= =C'�� n_uoroi lNli6114111-F- 11"►►��1Mr�1�l��.:.�1111111I► ♦,- Location Map File: SP -2017-02 and A 05/17 D 0 a It 111111111, 211111111111 fit �,0 r 1111111111==C11u1111� olio., I'L.`,,,,�11■111r1111111a= 1111111116 t_-Irllllllu ; IIIIIIIIa= tiil "Y /'Yn •iHi uni =11i1111ifultll /Illi/:: .11III111II111III1111IIIIII1111111 = .1111/Sr �1ilI1I1111lllNlgli1111= c Ittruaulll« 11miuIjIiiiE IIIIIIIttIIIIIIE1I1IIIIIIIIIIIIIIIIIIII1. rr.IFrrs2Arefi +� sf?" -,� • Mism dor Im NMI UM 1010 4111 Applicant:9004807 Canada Inc. (Stonepay) Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5 40R-28547 7 Tho CorPere6Pn of ue Cir} erfr.Kmy Pnduced 4n ,.nand, Frena. 1.. 5 riser. Prirenr,a+adnMnw,.r, Kara' R..errtas AIIriManrerv.A Aller Mah.ry the Queen 11 WI! Canada. Deaarlrtr.l/el naval lin t-- s A16416rcermd; *no .r Ea,orprl.ae Ir. and II&![] iyr. a' .04...Ned,13 ,Aereprai. piepe1Y nswa,mne[oryorahen.nf na.psen aldykannned, Date: May. 25, 2018 SCALE: 1:10,000 T. 15 NOT al p.hrlgFguRYSY ATTACHMENT # TO WW1 _ PLA d0--10 ./4,74a31KfiONVE Ill + �SI1411Ir!IIIIIRJ 477p iipir 1I'l!114c )i11ii!1I pIl/ImillilliPIIIRE--.- ll]1fa1 il!IR1114 i!mpLI ti�� �`ii11111I'I' illif.1 �BrulnyAveni�e� 13 rm! Iii 111 r1 r`�...i'.l��sa�-.11linH�' 1 1�i;" 41111111IriNf11I111111I AIR WinvilleRaad- 11,11 \k`IIPIAVS!!!:M331/C1 1: tril!r951i55}!155}1 • fft11i1111”1]1a119in ,, (111511ripli1115: Q "' . 4 9,1 d 511511}1917M7' r.7,-; ullniir.c.11111111#1. 11111111/111',11.11.,•,,, i Calico -Mews Lrirll!!!! T Rex Heath -Drive V. fii, tgli ',:177<t' ��VIII11117,41- '',111111011Fcii ti 15111) .y I,ix, ^- 1 t+;Parmtist#Crescent `� "��#i'31l111a—_:. a ne�r��>w. �"QaK ti flln„:-fmi114111151)0Tiliiiiii11111it1j r Wim_ —1E1 r: 11?,1° iil la ilii m I. 1 , m t•-I11.II:•111,'1.",l.111]1II11111fII!e'jj'zi '- };11)1u!1 is iisi ; ;re1111?!?11ib '1r:.•, iiir• efird Air Photo Map File: SP -2017-02 and A 05/17 P1CKE R1 NG City Development Department Applicant: 9004807 Canada Inc. (Stonepay) Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5 40R-28547 Date: May. 25, 2018 ❑TFeCerewau.nelC..�xy.lPickeenpProNwe6,l p.Iqunderlbmuawnl=7PRK.I,O.fami�MNyella)tAalflewu.p. All er•n l Ethnn.A Hn M.p.1y Ihe❑e.pninfl d• n1Cred . ihp.Rm.n&11.W ReawAea MAo.r...n.d. OT.r.ne1 EN.ryifu1 Inc and ik.rrcrOYnfII rlgM.n..rvS..CUUNve.r Dfly R.u..RlfCeryaa(.,.V bncnplinafr'.Ntnpwm.c. SCALE: 1:10,0001 TIIi8 ISNOT APLAJI 01 SURVEY =m1 N K 1: 1 4\ . \ • 4119.9 _ Wold soNMLL d JD'GCGNDMISW :e3 \`\ 1l i t ■ PRI -vr r orxtx1, avO'i 310009 T •A .1. ymylr 2�fglom • •M'O'kl 3Fl(MIth mm ;'1 o; 2 J 0V01:1X70219 -e• • c �6 P1CKERING City Development Department Original Draft Plan of Subdivision FILE No: SP -2017-02 and A 05/17 APPLICANT: 9004807 Canada Inc. (Stonepay) PROPERTY DESCRIPTION: Part of Lots 19 and 20, Concession 3, Parts 1 to 5, 40R-28547 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE:August 17, 2017 LEGEND J1 TOWNHOUSES TYPEW TYPES' TYPE 'C' TYPE (Refer to section 3 of ,„/ Report PLN 05-17 for ,/ further information) 41 •-•-• .1.2••:•••••-•ra e NW' •,D,-.4 . ArL-43.1rmtit I 111.111.:1111. Ir.1.1.11.1.T.IFIr.r -17.1 -.• • • ,,,,, r. '..E11111 trrrur.r.inin 0 Ell • TTTrnTmT ; • • L • • ToCiasria2 4:5515•Mi a2X1R AMR/ cz:v PICKERING City Development Department Original Conceptual Site Plan FILE No: SP -2017-02 and A 05/17 APPLICANT: 9004807 Canada inc. (St:onepay) PROPERTY DESCRIPTION: Part of Lots 19 and 20, Concession 3, Parts 1 to 5. 40R-28547 FULL SCALE CDPIES DF THIS PLAN ARE AVAILABLE FOR VIEWING AT TME CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE:August 17, 2017 -4-- NOISN31X3 " OVOH SONnZIL L L1"_M-L IJP e lalGOLNI a+uL5u9 Z )40019 V }10018 \ * 1 \ 1f.13.H1S \ wNd 71317d 5 NO079 J ctk • G� 9 )100-19 }1OO1 £ 30019 'M'O'8 3lffllfld wyvn;.v3rs PICKERING City Development Department Revised Draft Pian of Subdivision FILE No: SP -2017-02 and A 05/17 APPLICANT: 9004807 Canada Inc. (Stonepay) PROPERTY DESCRIPTION: Part of Lots 19 and 20, Concession 3, Parts 1 to 5, 40R-28547 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 23, 2018 LEGEND TOWNHOUSES TYPE 'A' TYPE '6' TYPE 'C' TYPE E' • .N.D3 3I%.5 \ Li.131122, rn.7.11.1.11] r1 -1-[1..11...1i 11 \ • 'a, 7ord-r—.• \ \ ki. 1111=3 ELL'OW [ I '. 1TTTi L Lau 7T777,7] ••• =ILE Lir: !I -F.1177: .V..0aLLS CF-Liirri= 4v.c.10... .`1171717.] 7171 • •:-7-7 - '15 fi Jr; 7.1 0 3*,1071 .1.51113.1713023P1 [EMT C950.1214.. PICKERING City Development Department Revised Conceptual Site Plan FILE No: SP -2017-02 and A 05/17 APPLICANT: 9004807 Canada Inc. (Stonepay) PROPERTY DESCRIPTION: Part of Lots 19 and 20, Concession 3, Parts 1 to 5, 40R-28547 FULL SCALE COPIES OF T1 -11S PLAN ARE AVAILABLE FOR V EWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 15. 2018