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HomeMy WebLinkAboutPLN 30-23Report to Planning & Development Committee Report Number: PLN 30-23 Date: September 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP-2020-02 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 450 Finch Avenue Recommendation: 1. That Draft Plan of Subdivision Application SP-2020-02, submitted by Pickering Forest Inc., to establish a residential plan of subdivision, consisting of 31 lots for detached dwellings, 2 part blocks for future development, 1 parkland block, 1 environmental block, 2 public roads, and 1 block for a road widening, as shown on Attachment #4 to Report PLN 30-23, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and 2. That Zoning By-law Amendment Application A 10/20, submitted by Pickering Forest Inc., to implement Draft Plan of Subdivision SP-2020-02, on lands municipally known as 450 Finch Avenue, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix II to Report PLN 30-23, be finalized and forwarded to Council for enactment. Executive Summary: The subject property is located on the north side of Finch Avenue, west of Rosebank Road, and south of the Canadian Pacific Railway corridor, within the Rouge Park Neighbourhood (see Location Map, Attachment #1). Pickering Forest Inc. has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to establish a residential plan of subdivision. The proposal consists of 31 lots for detached dwellings, fronting onto the proposed road extensions of Rougewalk Drive and Mahogany Court (see Revised Draft Plan of Subdivision, Attachment #4). In addition, the applicant is proposing to relocate, and retain, a 1 ½-storey stone dwelling (known as the “Dixon Farmhouse”) within the proposed subdivision, to be restored and designated as a cultural heritage resource under Part IV of the Ontario Heritage Act. The draft plan of subdivision also includes a parkland block to be merged with part blocks within the adjacent Registered Plan of Subdivision to the east, creating a single park block. The total parkland block is approximately 0.095 of a hectare (or 6.3 percent of the developable land area within this plan of subdivision), which is to be conveyed to the City for parkland dedication. To implement the proposed development, the applicant is proposing site-specific zoning standards for the proposed lots. The proposed zoning standards are generally in keeping with the established zoning standards for adjacent development to the west and east (see Zoning Provisions Comparison Chart, Attachment #5). PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 2 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Staff support the applications for draft plan subdivision and zoning by-law amendment. The proposal will result in a residential density of approximately 24 units per net hectare, which complies with the maximum net residential density of up to and including 30 units per net hectare, in accordance with the City’s Official Plan. The design of the proposed road extensions, and the configuration of the lots within the plan of subdivision, have regard for the design objectives of the Rouge Park Neighbourhood Policies and Development Guidelines. The proposed road extensions will provide a cohesive road network between the existing dwellings to the east and the proposed development, which will help to integrate the two subdivisions. The Dixon Farmhouse is proposed to be relocated and retained on site. Vehicular access to the heritage lot is proposed from Finch Avenue, which will ensure the dwelling maintains prominence along Finch Avenue, and increases its visibility as a heritage landmark. In addition, the applicant is proposing to complete a full restoration of the Dixon Farmhouse and construct a two-storey addition at the rear of the dwelling. The applicant is proposing site- specific zoning standards for Heritage Lot 28 to accommodate the retention and relocation of the Dixon Farmhouse. The Heritage Pickering Advisory Committee supports the retention, and relocation, of the Dixon Farmhouse. In accordance with the recommendations of the Heritage Pickering Advisory Committee, the implementing zoning by-law will establish a “H” Holding Symbol for the proposed heritage lot. As a condition of removal of the holding, the Owner will be required to obtain Site Plan Approval for the proposed restoration and addition to the Dixon Farmhouse, through which, the Heritage Pickering Advisory Committee will have additional opportunities to review and comment on the conservation of the dwelling. Staff recommend that Council endorse Draft Plan of Subdivision SP-2020-02, as shown in Attachment #4 to this report, and the conditions of approval set out in Appendix I to this report. In addition, staff recommend that the site-specific implementing by-law, containing the standards set out in Appendix II to this report, be finalized and brought before Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description The subject property is located on the north side of Finch Avenue, west of Rosebank Road, and south of the Canadian Pacific Railway corridor, within the Rouge Park Neighbourhood (see Location Map, Attachment #1). The lands are approximately 2.02 hectares, with frontage along Finch Avenue, Rougewalk Drive, and Mahogany Court. PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 3 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. The lands contain a 1 ½-storey stone dwelling (known as the “Dixon Farmhouse”) and a barn, located at the southeast corner of the property. A shed that existed on the property burned down in 2021. The remaining lands are vacant, with clusters of trees scattered throughout. The abutting property to the east (441 Mahogany Court) is subject to an easement, which provides vehicular access to the subject property onto Finch Avenue. The surrounding land uses are as follows (see Air Photo Map, Attachment #2): North: To the north is the York/Durham trunk sanitary sewer, the Canadian Pacific Railway corridor, and the Enbridge Pipeline. East: Immediately to the east is an established residential subdivision, consisting of single and semi-detached dwellings, fronting onto Rougewalk Drive and Mahogany Court. South: Across Finch Avenue is the Gatineau Hydro Corridor. West: Immediately to the west is a recently constructed residential common element condominium development, consisting of 42 lots for detached dwellings. 1.2 Dixon Farmhouse The Dixon Farmhouse is a 1 ½-storey stone dwelling, designed in a Georgian vernacular style, with a gable roof (see Figure 1 on the next page). In support of these applications, the applicant retained ERA Architects Inc. to complete a heritage evaluation of the property, and prepared a Heritage Impact Assessment. Through their research, ERA Architects concluded that the house was likely built in 1858. The original home had a single-storey, wood-frame rear wing and a front porch (later addition), which spanned the width of the façade. At some point, the rear wing and front porch were removed. Around the mid-1950s, a salvaged portico was added to the rear of the dwelling. The portico (built sometime in the 1870s) originated from another two-storey building, formerly located at the northeast corner of Liverpool Road and Kingston Road. The portico continues to exist at the rear of the dwelling today (see Figure 2 on the next page). PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 4 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Figure 1: Front façade of the Dixon Farmhouse, photographed in July of 2022 1.2.1 Council’s Decision to List the Property on the Heritage Register At the time these applications were submitted in July 2020, the subject property was not listed on the City’s Municipal Heritage Register. As such, the existing structures were not protected from demolition or alteration. Following consultation with the Heritage Pickering Advisory Committee, on February 22, 2021, Council endorsed the recommendations of the Heritage Pickering Advisory Committee to list 450 Finch Avenue on the Municipal Heritage Register. This means that the Owner must give Council 60 days’ notice in writing before the demolition or removal of any building on the property. Figure 2: Rear portico addition, photographed in November of 2020 PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 5 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 1.3 Applicant’s Proposal The applicant has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment, to establish a residential plan of subdivision. The applicant’s original proposal consisted of 31 lots for detached dwellings, fronting onto the proposed extensions of Rougewalk Drive and Mahogany Court (see Original Draft Plan of Subdivision, Attachment #3). To facilitate the original proposal, the applicant was proposing to demolish the Dixon Farmhouse. Following receipt of comments from Council, Heritage Pickering Advisory Committee, City departments, external agencies, and the public, the applicant revised the proposal to ensure the retention of the Dixon Farmhouse on a separate lot within the proposed subdivision. In addition, the revised proposal includes land to be conveyed to the City for parkland dedication. The following is a summary of the revised proposal (see Revised Draft Plan of Subdivision, Attachment #4): Lot/Block Number Land Area Proposed Use Lots 1 to 31 (excluding Lot 28) 1.3 hectares 30 lots for detached dwellings fronting onto the proposed extensions of Rougewalk Drive and Mahogany Court. The proposed lot frontages range between 11.0 and 15.0 metres. Heritage Lot 28 0.08 of a hectare The Dixon Farmhouse is proposed to be retained and relocated to Lot 28, which is 8.8 metres south and 7.0 metres east of the dwelling’s original location. Vehicular access to the lot is proposed from Finch Avenue. Parkland Block 32 0.09 of a hectare These lands are proposed to be merged with part blocks within the adjacent Registered Plan of Subdivision to the east, for the purposes of creating a single park block. The single park block is then proposed to be conveyed to the City, for parkland dedication. The total parkland block is approximately 0.095 of a hectare, which represents 6.3 percent of the developable land area within this plan of subdivision. Part Block 33 & 34 0.03 of a hectare Two part blocks are proposed to be consolidated with part blocks within the adjacent Registered Plan of Subdivision to the east, to form two new lots for detached dwellings. The applicant is not expected to retain ownership of these part blocks. PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 6 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Lot/Block Number Land Area Proposed Use Environmental Block 35 0.001 of a hectare Environmental lands are to be conveyed to the Toronto and Region Conservation Authority (TRCA) and consolidated with adjacent lands to the east owned by the TRCA. Road Widening Block 36 0.08 of a hectare Lands are to be conveyed to the Region of Durham for a road widening and daylight triangles along the frontage of Finch Avenue. Public Road Extensions 0.44 of a hectare Lands are to be conveyed to the City to extend Rougewalk Drive and Mahogany Court. The right-of-way width of the roads is 18.5 metres. Total 2.02 hectares To implement the proposed development, the applicant is proposing site-specific zoning standards. The proposed zoning standards are generally in keeping with the established zoning standards for adjacent development to the west and east (see Zoning Provisions Comparison Chart, Attachment #5). Additionally, the applicant is proposing site-specific zoning standards for Heritage Lot 28, to accommodate the retention and relocation of the Dixon Farmhouse. 2. Comments Received 2.1 January 4, 2021 Statutory Public Meeting and Written Comments An electronic statutory public meeting was held on January 4, 2021, where one neighbouring landowner spoke at the meeting. In addition, the City received written comments from four other neighbouring landowners. Section 3.6 of this report provides a summary of comments/questions raised by neighbouring landowners, and the applicant’s response to these comments/questions. Questions raised by members of the Planning & Development Committee at the meeting primarily related to the Dixon Farmhouse, including: the need for the applicant to take appropriate measures to prevent vandalism of the heritage home; the need to ensure that the heritage home is included on the City’s Municipal Heritage registry; and whether City staff recommended designation of the Dixon Farmhouse. In addition, Committee Members raised questions regarding the provision of sidewalks throughout the proposed subdivision. PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 7 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 2.2 Agency Comments 2.2.1 Region of Durham • no objections to the proposal; • the proposal provides for new housing opportunities within the community, in accordance with the policies and directions of the Regional Official Plan; and • municipal water is available to the subject property from the neighbouring subdivision to the east. 2.2.2 Toronto and Region Conservation Authority (TRCA) • no objections to the proposal; • as a condition of draft plan approval, the applicant will be required to enter into a compensation agreement with the TRCA, and pay the required funds, for the loss of ecosystem and land base features; and • staff will continue to work with the applicant to refine the values associated with the ecosystem and land base compensation requirements. 2.2.3 Durham District School Board • no objections; and • students generated from this development will attend existing neighbourhood schools. 2.2.4 Durham Catholic District School Board • no objections; and • students generated from this development will attend St. Elizabeth Seton Catholic Elementary School and St. Mary Catholic Secondary School. 2.3 Comments from City Departments 2.3.1 Engineering Services • no objections to the proposal; and • matters including, but not limited to, detailed grading and drainage, stormwater management, construction management/erosion and sediment control, site servicing, detailed right-of-way, utility locations, easements, tree compensation, fencing details, and street tree planting will be further reviewed through conditions of draft plan approval. 2.3.2 Sustainability On September 20, 2022, City Council adopted new Integrated Sustainable Design Standards for all new development in the City to replace the 2007 Sustainable Development Guidelines. The new standards consist of two tiers of performance PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 8 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. measures that promote sustainable site and building design. Tier 1 elements are required for all new development applications deemed complete on or after January 1, 2023. Applications deemed complete prior to December 31, 2022, will continue to follow the 2007 Sustainable Development Guidelines and, at a minimum, achieve a minimum Level 1, or 19 points. Given that these applications were received in 2020, before the new standards were enacted, the 2007 Guidelines continue to apply. Sustainability staff have reviewed the submitted Sustainable Development Checklist, prepared by Candevcon East Limited, dated July 2020, and have no objections to the approval of these applications. The proposal aims to achieve a total of 19 points, which achieves the minimum Level 1 required in the guidelines. The applicant has identified the following optional sustainability elements to be incorporated within the development: • provide a minimum of 50 percent of plantings as native and drought-tolerant species, as well as no fertilizer or pesticide use; • provide green upgrade options, to be made available to future homebuyers; • provide Energy Star appliances; and • the proposed dwellings are located within a 250 metre walking distance of an existing transit stop, located at Finch Avenue and Rosebank Road. Sustainability staff are satisfied that the proposal complies with the 2007 Sustainable Development Guidelines. 3. Planning Analysis 3.1 The proposal conforms to the Pickering Official Plan 3.1.1 The proposed development falls within the permitted density range The subject property is located within the Rouge Park Neighbourhood and is designated “Urban Residential Areas – Low Density Area”. This designation primarily permits residential or related uses at a maximum net residential density of up to and including 30 units per net hectare. The proposal will result in a residential density of approximately 24 units per net hectare. The proposal complies with the density requirements within the Official Plan. 3.1.2 The proposed zoning standards are in keeping with the zoning standards for adjacent development The Official Plan states that, in establishing performance standards, regard shall be had for protecting and enhancing the character of established neighbourhoods by considering matters such as building height, yard setbacks and lot coverage. The Official Plan also states that where new development is proposed within an existing neighbourhood or established area, City Council shall encourage building design that reinforces and complements existing built patterns such as form, massing, height proportion, position relative to the street, and building area to site ratio. PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 9 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. To implement the proposed development, the applicant is proposing site-specific zoning standards. Attachment #5 to this report provides a comparison of the proposed zoning standards for this development, and the zoning standards for the existing subdivisions to the west and east. The zoning standards for the proposed lots are in keeping with the standards of the adjacent subdivisions regarding lot size and frontage, yard setbacks, and lot coverage. The zoning standards for the adjacent subdivisions permit a maximum building height of 11.0 metres for dwellings to the west and 12.0 metres for dwellings to the east. However, the actual building height of these dwellings generally range between 7.9 and 10.3 metres for dwellings to the west and 7.5 and 8.0 metres for dwellings to the east. As such, to have regard for the existing built form, while still allowing flexibility for the design of the dwellings, staff are recommending a maximum building height of 10.5 metres for lots along the west side of this subdivision, and 10.0 metres for all other lots (excluding the heritage lot, which permits a maximum building height of 8.0 metres). The applicant has worked with staff to ensure that the proposed zoning standards for the subdivision are in keeping with the zoning standards of the surrounding area. Staff are satisfied that the proposed lot sizes, and recommended zoning standards, will ensure that the size, scale, massing and setbacks of the future dwellings will be in keeping with the surrounding built form. 3.1.3 Compensation to be provided for the removal of environmental features A portion of the property along the north lot line is designated “Open Space System – Natural Areas”. The Natural Areas land use designation is further identified as “Significant Woodlands” and “Rouge-Duffins Wildlife Corridor”. In accordance with the Official Plan, an Environmental Impact Study (EIS) is required for any proposed development located within 120 metres of a key natural heritage or key hydrologic feature. In support of the proposed development, the applicant has submitted a Scoped Environmental Impact Study, dated June 2020, and Addendum Letter, dated April 26, 2022, both prepared by GEI Consultants Ltd. The EIS concludes that there are no significant valleylands, significant wetlands, or Areas of Natural and Scientific Interest located on, or within, 120 metres of the subject property. In addition, no significant wildlife habitat was identified on, or within, 120 metres of the subject lands. However, there are several small unevaluated wetlands present on the property, totalling about 0.15 of a hectare. An unevaluated wetland is not a significant wetland identified by the Ministry of Natural Resources and Forestry (MNRF), but is a wetland that may be identified for conservation by a Municipality or Conservation Authority. The EIS concludes that the unevaluated wetlands are degraded, do not support amphibian breeding, and contain invasive, non-native plant species. As such, 0.346 of a hectare of unevaluated wetland is proposed to be removed on the subject property to facilitate the proposed development. PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 10 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. In accordance with TRCA policies, compensation for the loss of the ecosystem features, and the value of land base upon which they are located, is required. Due to site constraints, the applicant is opting to provide compensation in the form of cash-in-lieu. TRCA staff have reviewed the submitted EIS and Addendum Letter, as well as the proposed compensation measures provided by the applicant, and have no objections to the proposed development. As a condition of draft plan approval, the applicant will be required to enter into an ecosystem compensation agreement with the TRCA, and pay the required funds, before the registration of the draft plan of subdivision. The total required ecosystem compensation is $70,961.76. However, this amount will be refined by the TRCA through conditions of draft plan approval. Additionally, 0.06 of a hectare of woodland is proposed to be removed from the subject property to accommodate the proposed development. The EIS notes that, although the woodlands do not meet the criteria for Significant Woodlands based on MNRF standards, the City’s Official Plan designates a portion of the woodlands (approximately 53 trees) as significant. The applicant has submitted a Revised Tree Inventory Report and Preservation Plan, prepared by GEI Consultants Ltd., dated April 2022. The report concludes that, of the 296 trees inventoried on-site, 50 percent are native to the TRCA watershed. In accordance with the City’s tree compensation requirements, the applicant is proposing to provide 338 trees for compensation, for the removal of 271 trees. Compensation trees are to be native to the TRCA watershed. Boulevard tree planting for municipal right-of-ways may not be considered as part of the tree compensation requirements. Compensation may also be provided as cash-in-lieu. Details regarding tree compensation will be refined through conditions of draft plan approval. The proposal conforms to applicable density, built form and environmental policies within the Official Plan. 3.2 The proposal conforms to the Rouge Park Neighbourhood Policies and Development Guidelines The Rouge Park Neighbourhood Policies and Development Guidelines establish development goals, and provide specific criteria to ensure lands are developed in a cohesive, well-designed neighbourhood. The guidelines state that a network of both public and private roads will be required to provide for permeability, and to facilitate efficient vehicular and pedestrian circulation within the neighbourhood. Additionally, the Rouge Park Neighbourhood Map and Development Guidelines Tertiary Plan show a proposed westerly road extension of Rougewalk Drive, extending west through the subject property and several properties further west, to then connect to Finch Avenue. However, immediately to the west of the subject property is a recently constructed residential common element condominium development, which precludes the extension of Rougewalk Drive beyond the subject property. As such, the applicant is PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 11 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. proposing a westerly extension of Rougewalk Drive through the subject property only, to intersect with Finch Avenue, and an extension of Mahogany Court to connect to the extension of Rougewalk Drive (see Revised Draft Plan of Subdivision, Attachment #4). The proposed road extensions will provide a cohesive road network between the existing dwellings to the east and the proposed development, which will help to integrate the two subdivisions. In addition, the proposed road extensions will provide a second access point between the two subdivisions and Finch Avenue. The Rouge Park Neighbourhood Policies discourage designs which require the use of reverse frontages, berms, and significant noise attenuation fencing adjacent to Finch Avenue. The Guidelines specify that attention to a dwelling’s relationship with the street is important, and that development adjacent to Finch Avenue should establish a strong visual and physical relationship with the street. Further, the guidelines state that homes should feature prominent main entrances that are easily identifiable and visible from the street, and that homes should provide windows and doorways at the front of the house to provide “eyes on the street”. In accordance with the above-noted guidelines, the front yards of the proposed lots are orientated to face Finch Avenue, Rougewalk Drive, and Mahogany Court, with no rear yards facing the street. In addition, the proposed heritage lot, where the Dixon Farmhouse will be relocated to, is proposed to be accessed from Finch Avenue. The heritage lot will be highly visible from Finch Avenue, which will help to develop a strong visual and physical relationship between the subdivision and Finch Avenue. The proposed development has regard for the design objectives of the Rouge Park Neighbourhood Policies and Development Guidelines. As a condition of draft plan approval, the applicant will be required to submit preliminary model designs for the dwellings, to be reviewed and approved by the City’s Urban Design Review Consultant. Through this process, staff will continue to work with the applicant to ensure the design objectives of the Rouge Park Neighbourhood Policies and Development Guidelines are met. 3.3 The Dixon Farmhouse will be retained and relocated to increase its visibility as a heritage landmark along Finch Avenue Policy 8.1 in the Official Plan states that City Council shall respect its cultural heritage, and conserve and integrate important cultural heritage resources from all periods into the community. Policy 8.4 states that City Council, in consultation with its heritage committee, shall implement the provisions of the Ontario Heritage Act, including the designation of heritage sites. Further, Policy 8.9 states that, in consideration of the use and reuse of heritage resources, City Council shall maintain, if possible, the original use of heritage structures and sites, and retain the original location and orientation of such structures. As part of the revised proposal, the applicant is proposing to retain the Dixon Farmhouse and relocate it to Lot 28 of the revised draft plan, which is 8.8 metres south and 7.0 metres east of the dwelling’s original location (see Figure 3 on the next page). PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 12 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. In addition, the applicant is proposing to complete a full restoration of the Dixon Farmhouse, and to construct a two-storey addition, with an integrated garage, at the rear of the dwelling (see Figure 4 on Page 13). To accommodate the rear addition, the applicant is proposing to remove and salvage the non-original portico currently located at the rear of the dwelling (an image of the portico can be found on Page 4, Figure 2). The applicant anticipates salvaging the portico for re-use on-site. If it is not possible to accommodate the portico on-site, then it will be salvaged off-site, in partnership with a local company that salvages historic fabric and architectural materials. Figure 3: Proposed preliminary siting plan for the Dixon Farmhouse In support of the revised proposal, the applicant has submitted a Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated April 8, 2022. The purpose of the HIA is to determine any cultural heritage resources that may be adversely impacted by the proposed development and to recommend an overall approach to conserve the heritage resources. PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 13 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. To minimize the impact of development on the heritage attributes of the Dixon Farmhouse, the HIA recommends several mitigation strategies related to scale, form, massing, and materiality. The recommended mitigation measures include, but are not limited to: • incorporating a rural landscape strategy to screen views of dwellings on adjacent lots, with planting along the west property line designed to obscure views of contemporary housing and conserve the rural character of the site (see Figure 5 on Page 14); • ensuring the built form of adjacent dwellings is compatible with and sympathetic to the Dixon Farmhouse, by including simple contemporary materials that do not replicate or compete with the existing building’s stone (ex., wood cladding); • ensuring the relocation of the Dixon Farmhouse conserves a substantial setback from Finch Avenue, which is characteristic of a farmstead lot, and identified as a heritage attribute (based on the proposed relocation of the dwelling, the Dixon Farmhouse will maintain a 22.6 metre setback from Finch Avenue, which is a slight reduction from the existing setback of 28.7 metres); • ensuring the rear addition is designed to be compatible with, and subordinate to, the existing heritage resource, through strategies including, but not limited to: • a roofline that is no higher than the Dixon Farmhouse’s existing roofline; • location, orientation and roof pitch to reference the typical form and massing of rear wings on historic Ontario farmhouses; • location of an integrated garage so that it is served by a linear driveway past the farmhouse, a typical condition on historic farmsteads, and consistent with the historic condition on-site; and • design of contemporary windows to be proportionate to the windows on the heritage resource. Figure 4: Views of the Dixon Farmhouse and conceptual rear addition PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 14 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 3.3.1 The Heritage Impact Assessment has been reviewed by the City’s Peer Architect The City Development Department retained Branch Architecture to conduct a Peer Review of the submitted HIA. The following is a summary of comments provided by Branch Architecture: • The Dixon Farmhouse property merits designation under Part IV of the Ontario Heritage Act. • The HIA satisfies the City’s Heritage Impact Assessment requirements, and the current proposal provides for the conservation of the cultural heritage value and heritage attributes of the property. The HIA responds to comments provided to date on the cultural heritage interests of the site, provides for the conservation of the heritage attributes of the property, and recommends design measures to mitigate potential impacts of proposed residential development. • The proposed relocation of the Dixon Farmhouse is acceptable given that: • the building will maintain its south- facing orientation, have a deep front yard setback, and be visible from Finch Avenue; • the new landscape design will reflect the site’s historic rural character (see Figure 5, and Figure 6 on the next page); and • a heritage building mover has determined that the building is a good candidate for relocation. • The proposed restoration scope of work is appropriate and reflects the current condition of the building, and the strategy to construct a compatible rear addition is sound. The HIA thoroughly and thoughtfully discusses how each potential impact has been mitigated and the proposed design measures that will mitigate these potential impacts. Figure 5: Conceptual landscape plan for the heritage lot PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 15 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. • The rear portico should be made available for salvage and reuse, but it is not integral to this site. • Before the issuance of a Heritage Permit, a Conservation Plan should be submitted to City staff, and include the following: • a written description of the conservation scope of work, supported by drawings describing the landscape design, and building restoration and rehabilitation; • an explanation of how the adjacent subdivision residences have been designed to be compatible with and sympathetic to the Dixon Farmhouse; and • long-term building conservation and maintenance plan guidelines. Staff concur with Branch Architecture’s analysis. The conceptual proposal for the Dixon Farmhouse will ensure the dwelling maintains prominence along Finch Avenue, signifying it as a heritage landmark. Figure 6: Front view of the Dixon Farmhouse and conceptual rear addition 3.3.2 The Heritage Pickering Advisory Committee supports the retention and relocation of the Dixon Farmhouse On January 18, 2023, the Heritage Pickering Advisory Committee received a presentation from the applicant’s heritage consultant, ERA Architects Inc., regarding their proposal and strategy for retaining and relocating the Dixon Farmhouse. Based on the revised proposal, the Committee endorsed the following recommendations: • That Heritage Pickering Advisory Committee supports the applications for Draft Plan of Subdivision (SP-2020-02) and Zoning By-law Amendment (A 10/20) to retain and relocate the Dixon Farmhouse building onsite, as illustrated in the Heritage Impact Assessment, prepared by ERA Architects Inc., dated April 8, 2022; PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 16 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. • That the implementing zoning by-law amendment include a Holding “H” Symbol on Lot 28, and as a condition of removal of the hold, the Owner shall obtain Site Plan Approval for the proposed relocation, restoration, and addition to the Dixon Farmhouse; • That Heritage Pickering Advisory Committee be consulted on the final siting of the Dixon Farmhouse, the addition, and restoration plan, before the issuance of Site Plan Approval; • That the applicant undertakes the following to prevent vandalism and deterioration of the unoccupied Building: • erect a “no-trespassing” sign in a visible location on the property, indicating that the house is to be preserved on-site and should not be vandalized and/or scavenged; and • install a 2.4 metre fence around the perimeter of the house to protect the building until the completion of construction in the vicinity of the dwelling. • That, as a condition of Draft Plan Approval, the applicant submit a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment, prepared by ERA Architects Inc., dated April 8, 2022, and that the materials be forwarded to the Heritage Pickering Advisory Committee for comment; • That, as a condition of Draft Plan Approval, the applicant provide a Letter of Credit to secure all works included in the approved Conservation Plan, to the satisfaction of the Director, City Development; • That, after the Dixon Farmhouse has been moved to its new location, a reference plan be provided to the City of Pickering to identify the new location of the Dixon Farmhouse, and that Council pass a by-law to designate Lot 28, and identify the heritage features, under Section 29, Part IV of the Ontario Heritage Act; • That, after a designation by-law has been registered on title, a heritage plaque be placed on the building or the site at the owner’s expense; • That the City enter into a Heritage Easement Agreement with the owner to ensure the ongoing maintenance, protection, and repair of the Dixon Farmhouse is in keeping with the Heritage Designation By-law and the Ontario Heritage Act; and • That the comments and discussion of the Heritage Pickering Advisory Committee, from the January 18, 2023 meeting, be included by staff in a future recommendation report to the Planning & Development Committee. 3.3.3 Site Plan Approval will be required for the relocation and proposed rear addition to the Dixon Farmhouse In accordance with the recommendations of the Heritage Pickering Advisory Committee noted above, the implementing zoning by-law will establish a “H” Holding Symbol for the PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 17 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. proposed heritage lot. As a condition of removal of the holding, the Owner will be required to obtain Site Plan Approval for the proposed restoration and addition to the Dixon Farmhouse. Through the site plan review process, the Heritage Pickering Advisory Committee will have additional opportunities to review and comment on the conservation plan, and details regarding the restoration of the dwelling and the landscaping surrounding the building. 3.4 Sidewalks to be provided along the proposed road extensions and Finch Avenue During the statutory public meeting, Committee Members questioned the applicant’s intention to construct sidewalks throughout the proposed subdivision and along the north side of Finch Avenue. The Rouge Park Neighbourhood Development Guidelines state that sidewalks are required on at least one side of all new public roads. In accordance with these guidelines, the applicant will be required to provide a 1.5 metre wide sidewalk along one side of the proposed extensions of Rougewalk Drive and Mahogany Court, to connect to the existing sidewalks along these roads. In addition, the applicant will be required to provide a continuation of a future sidewalk along Finch Avenue. As a condition of draft plan approval, the applicant will be required to submit appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, and sidewalks, to the satisfaction of the City of Pickering Engineering Services Department. 3.5 The applicant is required to pay their proportionate share of the cost of the Rouge Park Neighbourhood Study and Finch Avenue storm sewer As a condition of draft plan approval, the applicant will be required to pay their proportionate share of the cost of the Rouge Park Neighbourhood Study. In addition, the applicant will be required to pay their proportionate share of the cost of the installation of the Finch Avenue storm sewer, from Rosebank Road to Napanee Road. 3.6 Response to comments/questions raised by neighbouring landowners The following is a summary of key comments/questions raised by neighbouring landowners, and the applicant’s response. Comments/Questions from Neighbouring Landowners Applicant’s Response An area resident expressed concerns with the proposed removal of 14 mature, healthy trees which are approximately 30 metres in height, located near the northeast corner of the property. As part of the revised proposal, the applicant has submitted a Revised Tree Inventory Report and Preservation Plan, prepared by GEI Consultants Ltd., dated April 2022. GEI Consultants inventoried 296 trees on the subject property. Under the original proposal, the applicant was proposing to preserve 5 trees and PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 18 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Comments/Questions from Neighbouring Landowners Applicant’s Response remove 291 trees, including several trees located at the northeast corner of the site. In response to the comments received from this area resident, the applicant has revised the proposal to ensure the preservation of 25 trees, including 8 trees located at the northeast corner of the site. GEI Consultants have recommended several tree protection measures to ensure the long-term survival of the 25 trees. These protection measures include, but are not limited to: • installation of tree protection fencing, to prevent physical damage to any tree and to prevent compaction of the soil; • any brush clearing required within a tree protection zone should be completed using hand-operated equipment and should be lifted out and not skidded out; and • horizontal root protection should be used in locations where regular movement of construction equipment through a tree protection zone is anticipated. An area resident expressed concerns about the lack of privacy and increased traffic noise on Mahogany Court as a result of the road being extended, as it will result in through-traffic from Finch Avenue and Rougewalk Drive. In support of the proposed development, the applicant has submitted a Traffic Brief, prepared by Trans-Plan, dated June 22, 2020. The study found that during the weekday morning peak hour (between 7:45 am and 8:30 am) and the weekday afternoon peak hour (5:15 pm and 6:00 pm), the development is anticipated to generate approximately 15 two-way residential trips (between 4 and 9 inbound trips and 6 to 11 outbound trips). The study concludes that the existing and proposed site accesses onto Finch Avenue will continue to operate at acceptable levels for inbound and outbound vehicular movements, without any notable impacts on through roadway traffic on Finch Avenue. The abutting property to the east (441 Mahogany Court) is subject to an easement, which provides The applicant has stated that they intend to remove the easement after draft plan approval has been granted. PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 19 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Comments/Questions from Neighbouring Landowners Applicant’s Response vehicular access to the subject property onto Finch Avenue. Louisville Homes Limited, who is the landowner of 441 Mahogany Court, requested that the applicant remove the easement through these applications. Louisville Homes Limited requires the removal of the easement to construct a detached dwelling on their lot. In addition, Louisville Homes Limited requested that the applicant share the cost of constructing a boundary fence along the shared east property line. In regards to the requested boundary fence, the applicant has stated that the lots within the proposed plan of subdivision are not corner lots and are not adjacent to any municipal open space lands. As such, the applicant has indicated that the construction of boundary fencing is not the responsibility of the applicant. The applicant has stated that the ultimate establishment of boundary fencing will be determined by future homebuyers. On August 1, 2023, the applicant confirmed to the City that this information has been relayed to Louisville Homes Limited. Notwithstanding the applicant’s response above, a portion of the lot owned by Louisville Homes Limited directly abuts the proposed heritage lot, and the provision of fencing around the heritage lot may be required. Through the Site Plan Approval process, staff will work with the applicant to determine the fencing requirements for the heritage lot. Pickering Shores Development Inc., who is the landowner of an abutting property to the east (450 Mahogany Court), expressed concerns related to the applicant’s submitted Functional Servicing and Stormwater Management Report. Their concerns include, but are not limited to: • ensuring the protection of existing municipal services during the construction of the proposed road extensions; • the applicant’s responsibility to relocate or remove existing utilities, such as street lights or watermains, that may be required to complete the road extensions; and • ensuring the applicant works with adjacent landowners to The applicant has acknowledged the comments from Pickering Shores Development Inc. on the Functional Servicing and Stormwater Management Report. As a condition of draft plan approval, the applicant will be required to prepare and submit appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading and streetlights. All plans will be reviewed by City staff to ensure compliance with the City’s engineering standards. PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 20 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Comments/Questions from Neighbouring Landowners Applicant’s Response locate driveway curbs for adjacent lots, during the construction of the road extensions. 4. Technical matters will be addressed through conditions of draft plan approval To ensure appropriate development of the land, the City, Heritage Pickering, Region of Durham, Toronto and Region Conservation Authority, and other external agency requirements have been provided as conditions of draft plan approval. Technical matters to be further addressed include, but are not limited to: • architectural treatment; • noise attenuation measures; • construction management/erosion and sediment control; • on-site grading and drainage; • site servicing; • fencing; • street tree planting and tree compensation; • conveyance of lands for parkland dedication; and • review and approval of a conservation plan for the Dixon Farmhouse. The draft conditions of approval, set out in Appendix I to this report, addresses these, and other matters. It is recommended that Council endorse these conditions. 5. Zoning By-law to be finalized and forwarded to Council for enactment The applicant is proposing to rezone the subject property to establish a residential plan of subdivision, consisting of 31 lots for detached dwellings. Staff recommend that the implementing zoning by-law, containing the standards set out in Appendix II to this report, be finalized and brought before Council for enactment. 6. Mahogany Court When the draft plan of subdivision to the west was registered, it was not clear whether the street named Mahogany (Court) would connect with another street. Therefore, it was given the suffix “Court’. Through the design of draft plan of subdivision SP-2020-02, a logical connection was identified between the west end of Mahogany Court to the north-south extension of Rougewalk Drive. Accordingly, in the future, prior to the registration of draft plan of subdivision SP-2020-02, staff will initiate the process to identify the proper suffix for Mahogany, notify residents on the existing Mahogany Court, Canada Post, other required agencies, as well as the land registry office, with respect to the change to the suffix for Mahogany. PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 21 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 7.Applicant’s Comments The applicant has been advised of and concurs with the recommendations of this report. Appendix Appendix I Recommended Conditions of Approval for Draft Plan of Subdivision SP-2020-02 Appendix II Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 10/20 Attachments: 1.Location Map 2.Air Photo Map 3.Original Draft Plan of Subdivision 4.Revised Draft Plan of Subdivision 5.Zoning Provisions Comparison Chart Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 30-23 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2020-02 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2020-02 General Conditions 1. That the Owner shall prepare the final plan generally on the basis of the draft plan of subdivision, prepared by GHD Inc., as revised and dated March 2022, which illustrates 31 lots for detached dwellings, 2 part blocks for future development, 1 parkland block, 1 environmental block, 2 public roads and 1 block for a road widening. Region of Durham 2. 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. 3. That the Owner shall grant to the Region, any easements required to provide Regional services for this development. The easements shall be in locations and of such widths as determined by the Region. 4. 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. 5. 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. 6. 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. 7. That the Owner shall convey to the Region, free and clear of all encumbrances, a road allowance widening across the total frontage of the plan on Finch Avenue. The widening shall be determined as a distance of 4.94 metres north of the existing streetline; which in turn results a measured distance of 15 metres north of the centreline of the original road allowance. 8. That the Owner shall convey to the Region, free and clear of all encumbrances, a 10.0 metre by 7.5 metre sight triangle on the northeast and northwest of Finch Avenue and Rougewalk Drive. Recommended Conditions of Approval Page 2 SP-2020-02 – Pickering Forest Inc. 9. That the Owner shall submit the report, entitled, “Stage 1 and 2 Archaeological Assessment – 450 Finch Street, Pickering, ON, Part Lot 31, Concession 2, Geographic Township of Pickering, Regional Municipality of Durham Plan 40R-27140”, prepared by Parslow Heritage Consultancy Inc., dated June 25, 2020 to the Ministry of Citizenship and Multiculturalism. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Citizenship and Multiculturalism. 10. That the Owner shall agree in the Pickering Subdivision Agreement to implement the recommendation(s) of the report, entitled “Environmental Noise Assessment – 450 Finch Avenue” prepared by YCA Engineering Ltd., dated May 2020 which specifies noise attenuation measures for the development. The measures shall be included in the Subdivision Agreement and must also contain a full and complete reference to the noise report (i.e., author, title, date and any revisions/addenda) and shall include warning clauses identified in the study. 11. That prior to the finalization of this Plan of Subdivision, the Owner must provide updated Environmental Site Assessment documentation and satisfactory evidence to the Region of Durham in accordance with the Region’s Soil and Groundwater Assessment Protocol. 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 Draft 40M-Plan to the satisfaction of the City Development Department. Street Names 14. That street signage be provided to the satisfaction of the City of Pickering. 15. That the streets be named to the satisfaction of the City of Pickering. Development Charges & Development Review & Inspection Fee 16. That the Owner satisfies the City financially with respect to the Development Charges Act. 17. That the Owner satisfies the City with respect to payment for the Development Services Engineering Review Fee, Residential Lot Grading Review Fee, Road Degradation Fee, and Development Services Inspection Fees and any additional fees which may be applicable. Recommended Conditions of Approval Page 3 SP-2020-02 – Pickering Forest Inc. Cost Recovery 18. That the Owner satisfies the City with payment in the amount of $1,397.50, payable to Vee-An Management, for their proportionate share of the preparation of the Rouge Park Neighbourhood Study. 19. That the Owner satisfies the City with payment in the amount of $48,280.02, payable to Vee-An Management, for their proportionate share of the installation of the Finch Avenue storm sewer from Rosebank Road to Napanee Road. 20. That the Owner provide written confirmation from Marshall Homes (Finch) Ltd. that it is in good standing with respect to the Cost Sharing Agreement, dated October 19, 2021, between the Owner and Marshall Homes (Finch) Ltd., regarding the extension of storm services on Finch Avenue from Rosebank Road westerly to the Lands. No approvals will be granted until such time as such confirmation is received by the City. Architectural Control 21. 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 22. 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. 23. That the Owner satisfy the Director, Engineering Services regarding the revision of stormwater maintenance fees. Grading 24. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a grading control plan. 25. That the Owner satisfies the Director, Engineering Services, respecting authorization from abutting landowners for all off-site grading. Geotechnical Investigation 26. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a geotechnical soils analysis. Fill & Topsoil 27. That the City of Pickering’s Fill & Topsoil By-law prohibits soil disturbance, removal, or importation of material to the site unless a permit has been issued. No on-site works prior to Draft Plan Approval is permitted. A Fill and Topsoil Permit will be required should grading works proceed prior to a Subdivision Agreement. Recommended Conditions of Approval Page 4 SP-2020-02 – Pickering Forest Inc. Construction/Installation of City Works & Services 28. That the Owner satisfies the Director, Engineering Services, respecting the construction of Municipal Services such as roads, curbs, storm sewers, sidewalks, and boulevard designs through the submission and approval of site servicing plan(s). 29. That the Owner satisfy the City respecting arrangements for the provision of all services required by the City. 30. 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. 31. 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 Subdivider. 32. That the Owner satisfy the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required. 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. Dedications /Transfers/Conveyances/Reserves 34. That the Owner conveys to the City, at no cost, any easements and any reserves as required by the City. 35. That the Owner conveys to the City, at no cost, the extensions of the municipal public roads known as Rougewalk Drive and Mahogany Court. Development Blocks 36. That the Owner satisfies the City with respect to a program or undertaking for the disposition of Part Block 33 within Draft Plan of Subdivision SP-2020-02, inclusively, or acquisition of abutting Part Block 63 on Plan 40M-2254 prior to registration. This may require properties merging on title. No building permit shall be requested until any land assembly has been completed to the satisfaction of the City. 37. That the Owner satisfies the City with respect to a program or undertaking for the disposition of Part Block 34 within Draft Plan of Subdivision SP-2020-02, inclusively, or acquisition of abutting Part Block 58 and Part Block 74 on Plan 40M-2254 prior to registration. This may require properties merging on title. No building permit shall be requested until any land assembly has been completed to the satisfaction of the City. Recommended Conditions of Approval Page 5 SP-2020-02 – Pickering Forest Inc. 38. Until such time as the blocks referred to above are developed, the Owner shall keep and maintain those blocks, or so many of them as remain undeveloped, in a clean and orderly fashion, to the satisfaction of the City and at no expense to the City. Easements 39. That the Owner, to the satisfaction of the Director, Engineering Services, provide any required easement for works, facilities or use rights that are required by the City of Pickering. 40. That the Owner conveys any easements to any utility to facilitate the installation of their services in a location(s) satisfactory to the City and the utility. 41. 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. Construction Management Plan 42. That the Owner satisfies the City respecting the submission and approval of a Construction Management, 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; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets, or the proposed public street; (iii) confirmation 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. 43. That the Owner shall agree in the subdivision agreement, in wording acceptable to the City, to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period. Fencing 44. 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. Recommended Conditions of Approval Page 6 SP-2020-02 – Pickering Forest Inc. 45. That the Owner satisfies the City with respect to the provision of fencing for lots and blocks that are: (i) adjacent to or backing on to open space lands; (ii) adjacent to or backing on to any park parcel; (iii) adjacent to any walkway block; (iv) adjacent to or backing on to lands having conflicting zoning, such as agricultural, commercial or recreational; and (v) identified in the Noise Attenuation Report. Landscaping 46. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a boulevard street tree planting plan. Tree Compensation 47. 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 48. That the Owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing, fibre optic conduit and tree planting, and financially-secure such works. 49. That the engineering plans be coordinated with the architectural design objectives. 50. That the Owner ensure that the engineering plans are coordinated with the streetscape/architectural control guidelines and further that the engineering plans coordinate the driveway, street hardware, and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved. Noise Attenuation 51. That the Owner shall agree in the subdivision agreement to implement the recommended noise control measures and warning clauses of the study entitled Environmental Noise Assessment, prepared by YCA Engineering Limited, as dated May 22, 2020. Recommended Conditions of Approval Page 7 SP-2020-02 – Pickering Forest Inc. Parkland Dedication 52. That the Owner shall acquire Part Block 59 and Part Block 61 on Plan 40M-2254 to be combined with Block 32 within Draft Plan of Subdivision SP-2020-02 for the purposes of creating a single park parcel. 53. That the Owner shall convey to the City, at no cost and in a physical condition acceptable to the City, Block 32 within Draft Plan of Subdivision SP-2020-02 and Part Block 59 and Part Block 61 on Plan 40M-2254 for the purposes of parkland dedication, in order to satisfy Section 42(1) of the Planning Act. 54. That prior to the City accepting any park parcel, the Owner shall submit a detailed grading plan that demonstrates the park parcel will function to the satisfaction of the City of Pickering. Fire 55. 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 56. That the Owner enters into a model home agreement with the City, if applicable for this draft plan. All model homes must satisfy all architectural requirements. Heritage 57. That the Owner agrees to retain the Dixon Farmhouse, known municipally as 450 Finch Avenue, and relocate the building to Lot 28 within Draft Plan of Subdivision SP-2020-02. 58. That the Owner agrees to undertake the following to prevent vandalism and deterioration of the unoccupied Building: a) Erect a “no-trespassing” sign in a visible location on the property indicating that the house is to be preserved onsite and should not be vandalized and/or scavenged; and b) Install a 2.4 metre fence around the perimeter of the house to protect the building until the completion of construction in the vicinity of the dwelling. 59. That prior to final approval of the plan, the Owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment, prepared by ERA Architects Inc., dated April 8, 2022, to the satisfaction of the Director, City Development. Recommended Conditions of Approval Page 8 SP-2020-02 – Pickering Forest Inc. 60. That prior to final approval of the plan, the Conservation Plan referenced above shall be peer reviewed by the City’s Heritage Review Consultant. The Owner will be responsible for the City’s full cost of undertaking this review. 61. That the Owner and City acknowledge and agree, that prior to final Site Plan approval, the Owner shall provide final site plan drawings substantially in accordance with the approved Conservation Plan, to the satisfaction of the Director, City Development. 62. That prior to final approval of the plan, the Owner shall provide a Letter of Credit, to secure all works included in the approved Conservation Plan, to the satisfaction of the Director, City Development & CBO. 63. That the Owner and City acknowledge and agree, that prior to final Site Plan approval, the Owner prepare a reference plan illustrating the boundaries of the heritage property. 64. That the Owner agrees to permit the designation of Lot 28 and structures within Draft Plan of Subdivision SP-2020-02 under Part IV of the Ontario Heritage Act, to the satisfaction of the Director, City Development & CBO. 65. That the Owner enter into a Heritage Easement Agreement with the City to ensure the ongoing maintenance, protection and repair of the Dixon Farmhouse is in keeping with the heritage designation by-law and the Ontario Heritage Act. Toronto and Region Conservation Authority 66. That prior to the initiation of final 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 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 and maintenance plans for any stormwater management facilities; iv. an Erosion and Sediment Control Report and Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2006), as amended; Recommended Conditions of Approval Page 9 SP-2020-02 – Pickering Forest Inc. v. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended. b. Site grading, construction sequencing, and erosion and sediment control plans. c. An ecosystem compensation agreement and the required funds for any wetland impacts, to the satisfaction of TRCA, prior to the issuance of any permits under the Conservation Authorities Act. 67. That the Owner agrees in the subdivision agreement, in wording acceptable to the Toronto and Region Conservation Authority (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 65; 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 and off-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; and f. To implement all water balance/infiltration measures as required under the TRCA’s Stormwater Management and Water Balance criteria. Canada Post 68. That the Owner agrees to include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail delivery will be from a designated Community Mailbox. 69. That the Owner will be responsible for notifying the purchaser of the exact Community Mailbox locations prior to the closing of any unit sale. 70. That the Owner agrees to consult with Canada Post Corporation and the City of Pickering to determine suitable location for the placement of Community Mailbox and to indicate these locations on appropriate servicing plans. 71. That the Owner agrees to provide the following for each Community Mailbox site and include these requirements on the appropriate servicing plans: (i) An appropriately sized sidewalk section (concrete pad) for the Community Mailboxes on. (ii) Any required walkway across the boulevard. (iii) Any required curb depressions for wheelchair access. Recommended Conditions of Approval Page 10 SP-2020-02 – Pickering Forest Inc. 72. That the Owner agrees to determine and provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox location(s). 73. That the Owner agrees to provide Canada Post at least 60 business days’ notice prior to the confirmed first occupancy date to allow for the community mailboxes to be ordered and installed at the prepared temporary location. Bell Canada 74. That the Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 75. That the Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. Canadian Pacific Railway 76. That the Owner agrees to include in all offers of purchase and sale, the following clause: Canadian Pacific Railway and/or its assigns or successors in interest has or have a railway right-of-way and/or yard located adjacent to the subject land hereof with operations conducted 24 hours a day, 7 days a week, including the shunting of trains and the idling of locomotives. There may be alterations to, or expansions of, the railway facilities and/or operations in the future, which alterations or expansions may affect the living environment of the residents in the vicinity. Notwithstanding the inclusion of any noise and/or vibration attenuating measures in the design of the development and individual dwellings, Canadian Pacific Railway will not be responsible for complaints or claims arising from the use of its facilities and/or its operations on, over, or under the aforesaid right-of-way and/or yard. Hydro One Networks Inc. 77. That prior to Hydro One Networks Inc. providing its final approval, the Owner must make arrangements satisfactory to Hydro One Networks Inc. for lot grading and drainage. Digital PDF copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to Hydro One Networks Inc. 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. Drainage must be controlled and directed away from the transmission corridor. 78. That any development in conjunction with the subdivision must not block vehicular access to any Hydro One Networks Inc. 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. Recommended Conditions of Approval Page 11 SP-2020-02 – Pickering Forest Inc. 79. That at the Owner’s expense, temporary fencing be placed along the transmission corridor prior to construction, and permanent fencing must be erected where subdivision lots directly abut the transmission corridor after construction is completed. 80. That the costs of any relocations or revisions to Hydro One Networks Inc. facilities, which are necessary to accommodate this subdivision, will be borne by the Owner. The Owner will be responsible for restoration of any damage to the transmission corridor, or Hydro One Networks Inc. facilities thereon, resulting from construction of the subdivision. 81. That the Owner acknowledge that any Hydro One Networks Inc. easement rights must be protected and maintained. Other Approval Agencies 82. That any approvals which are required from the Region of Durham or any utility for the development of this plan be obtained by the Owner and upon request written confirmation be provided to the City as verification of these approvals. 83. That the Owner, through the approval of the Utility Coordination Plan for the location(s), 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 84. 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. 85. 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. 86. 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. 87. 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. 88. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham Recommended Conditions of Approval Page 12 SP-2020-02 – Pickering Forest Inc. 89. Where agencies’ requirements are required to be included in the City of Pickering subdivision agreement, a copy of the agreement should be sent to agencies in order to facilitate their clearance of conditions for final approval of the plan. The addresses and emails of these agencies are: a) Planning Department, Region of Durham, 605 Rossland Road East, Whitby, ON L1N 6A3, applications-precons@durham.ca. b) Planning and Development, Toronto and Region Conservation Authority, 101 Exchange Avenue, Vaughan, ON L4K 5R6, durhamplan@trca.ca. c) Canada Post Corporation, 1860 Midland Avenue, 2nd Floor, Scarborough, ON M1P 5A1, Nadya.singh@canadapost.ca. d) Hydro One Networks Inc., PO Box 4300, Markham, ON L3R 5Z5, LandUsePlanning@HydroOne.com. e) Canadian Pacific Railway, 7750 Ogden Dale Road SE, Calgary, AB T2C 4X9, real_estatecanada@cpr.ca. f) Bell Canada, CA.Circulations@wsp.com. 90. Prior to final approval of the 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 1 to 11, inclusively, have been satisfied; b) The Toronto and Region Conservation, how Conditions 65 and 66, inclusively, have been satisfied; c) Canada Post Corporation, how Conditions 66 and 71, inclusively, have been satisfied; d) Hydro One Networks Inc., how Conditions 75 and 79, inclusively, have been satisfied; e) Canadian Pacific Railway, how Condition 74, inclusively, has been satisfied; and f) Bell Canada, how Conditions 72 and 73, inclusively, have been satisfied. 91. 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 II to Report PLN 30-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 10/20 The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 31, Concession 2, City of Pickering (A 10/20) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 31, Concession 2, in the City of Pickering to permit the development of 31 lots for detached dwellings accessed from a public road and 2 part blocks for future development; And whereas the lands being Blocks 59 and 61, Plan 40M-2254, in the City of Pickering are required to be rezoned to permit a neighbourhood park; And whereas an amendment to Zoning By-law 3036, as amended, is deemed necessary to permit such development; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands being Part of Lot 31, Concession 2, in the City of Pickering, designated “S5-3”, “S5-3-HL”, “NP”, “(H)NP” and “OS-HL” on Schedule I to this By-law. 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 (1) “Balcony” shall mean 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. (2) “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. By-law No. XXXX/23 Page 2 (3) “Corner Rounding” shall mean a lot line of a corner lot at the intersection of two street lines in the form of an arc that joins the front lot line to the exterior side lot line or the rear lot line to the exterior side lot line. (4) “Daylight Triangle” shall mean an area free of buildings, structures, fences and hedges up to 0.9 of a metre in height and which area is to be determined by measuring, from the point of intersection of street lines to a corner lot, the distance along each such street line and joining such points with a straight line. The triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the daylight triangle. (5) “Deck” shall mean a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (6) (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. (b) “Dwelling, detached” shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures. (7) “Dwelling Depth” shall mean a horizontal distance measured from the front wall of a dwelling to the rear wall of a dwelling, excluding any allowable projection. (8) “Front Entrance” shall mean the principal entrance oriented towards the front lot line providing access to the interior of a dwelling from the exterior and does not include an access provided through an attached private garage. In the case of a corner lot, the principal entrance providing access to the interior of a dwelling from the exterior may be oriented towards the side lot line that is adjacent to the street, or abutting on a reserve on the opposite side of which is a street. (9) “Grade” or “Established Grade” shall mean, 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 wall 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” 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. (11) (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. By-law No. XXXX/23 Page 3 (b) “Lot Coverage” shall mean the combined areas of all the buildings on the lot measured at the level of the first floor and expressed as a percentage of the lot area. (c) “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. (12) “Model Home” shall mean a dwelling unit used exclusively for sales display and for marketing purposes pursuant to an agreement with the City of Pickering, and not used for residential purposes. (13) “Neighbourhood Park” shall mean a municipal public park. (14) “Porch” shall mean a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (15) “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. (16) “Storey” shall mean the 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. (17) “Temporary Sales Office” shall mean a temporary building or structure used for the sale of lots or units in a plan of subdivision. (18) “Wall, Front” shall mean a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. (19) “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. (a) “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. (b) “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. (c) “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. (d) “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. By-law No. XXXX/23 Page 4 (e) “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 wall of the nearest main building or structure on the lot. (f) “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. (g) “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. (h) “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. 5. Permitted Uses and Zone Regulations (“S5-3”, “S5-3-HL” and “S5-2” Zones) (1) Permitted Uses (“S5-3”, “S5-3-HL” and “S5-2” Zones) No person shall, within the lands zoned “S5-3”, “S5-3-HL” or “S5-2” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Detached dwelling (2) Zone Requirements (“S5-3” and “S5-3-HL” Zones) No person shall, within the lands zoned “S5-3” or “S5-3-HL” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: “S5-3” Zone “S5-3-HL” (a) Lot Area (minimum) 300 square metres 800 square metres (b) Lot Frontage (minimum) 11.0 metres 20.0 metres (c) Front Yard Depth (minimum) 4.5 metres 20.0 metres (d) Side Yard Width (minimum) 1.2 metres on one side, 0.6 metres on the other side 3.0 metres on one side, 4.5 metres on the other side By-law No. XXXX/23 Page 5 “S5-3” Zone “S5-3-HL” (e) Flankage Side Yard Width (minimum) 2.5 metres – (f) Rear Yard Depth (minimum) 7.5 metres 2.0 metres (g) Building Height (maximum) (i) 10.0 metres (ii) 10.5 metres for the lands in the diagonal hatched area on Schedule I to this By-law 8.0 metres (h) Lot Coverage (maximum) 48 percent 30 percent (i) Parking Requirements (minimum) A minimum of 2 parking spaces per dwelling unit. (j) Driveway Width (maximum) Maximum driveway width shall not exceed the width of the exterior walls of a private garage. (k) Garage Requirements Minimum one private garage per lot attached to the main building, the vehicular entrance of which shall be located no less than 6.0 metres from the front lot line. – (l) Interior Garage Size (minimum) Each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres. However, the width may include one interior step and the depth may include two interior steps. (i) Special Provisions (“S5-3” Zone) (a) uncovered and covered unenclosed porches and associated stairs not exceeding 1.2 metres in height above established grade may encroach a maximum of 2.5 metres into the required front and flankage side yard; (b) uncovered and covered decks and associated stairs not exceeding 2.0 metres in height above established grade may encroach a maximum of 3.0 metres into the required rear yard, provided they are setback a minimum of 0.6 of a metre from the interior side lot line; (c) balconies located above the first floor projecting or recessed in the rear are prohibited; By-law No. XXXX/23 Page 6 (d) stairs to an entrance may encroach to within a minimum of 0.6 of a metre from the interior and flankage side lot line; (e) stairs to a below grade access may encroach a maximum of 2.0 metres into the required rear yard; (f) a 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; (g) window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eaves troughs, and other similar architectural features may encroach a maximum of 0.6 of a metre into any required yard and are required to be setback a minimum of 0.6 of a metre from the interior side lot line; (h) where a lot abuts a daylight triangle, the setback provisions shall be measured as if the daylight triangle did not exist; (i) despite any front yard depth or flankage side yard width requirement, on a corner lot, the setback to a corner rounding shall be 2.0 metres; (ii) Special Provisions (“S5-3-HL” Zone) (a) window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eaves troughs, and other similar architectural features may encroach a maximum of 0.6 of a metre into any required yard; (3) Zone Requirements (“S5-2” Zone) No person shall, within the lands zoned “S5-2” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: “S5-2” Zone (a) Lot Area (minimum) 250 square metres (b) Lot Frontage (minimum) 9.0 metres (c) Front Yard Depth (minimum) 4.5 metres (d) Side Yard Width (minimum) 1.2 metres on one side and 0.6 metres on the other side (e) Flankage Side Yard Width (minimum) 2.7 metres (f) Rear Yard Depth (minimum) 7.5 metres By-law No. XXXX/23 Page 7 “S5-2” Zone (g) Building Height (maximum) 12.0 metres (h) Lot Coverage (maximum) 48 percent (i) Dwelling Unit Requirements Maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres. (j) Parking Requirements (minimum) A. Minimum one private garage per lot attached to the main building, any 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. B. No part of any attached private garage shall extend more than 2.5 metres beyond the wall containing the main entrance to the dwelling unit, except: I. where a covered and unenclosed porch or verandah extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, 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; or II. where a covered and unenclosed porch or verandah extends a minimum of 2.0 metres from the wall containing the main entrance to the dwelling unit and where second storey habitable floor space located above the garage is set back no more than 2.5 metres beyond the vehicular entrance of an attached private garage, no part of any attached private garage shall extend more than 6.0 metres beyond the wall containing the main entrance to the dwelling unit. (i) Special Provisions (“S5-2” Zone) (a) despite Section 5.7 of By-law 3036, uncovered steps and platforms not exceeding 2.0 metres in height shall be permitted to project a maximum of 1.5 metres into a required rear yard; (b) a bay window shall be permitted to project a maximum of 0.6 metres into any required flankage side yard. By-law No. XXXX/23 Page 8 6. Permitted Uses and Zone Regulations (“(H)S5-3-HL” Zone) (1) Permitted Use (“(H)S5-3-HL” Zone) Until such time as the (H) Holding Provision is lifted, the lands shall not be used for any purposes other than the existing lawful uses, located on the land or in existing buildings or structures, provided such uses continue in the same manner and for the same purpose for which they were used on the day this By-law was passed. (2) Zone Requirements (“(H)S5-3-HL” Zone) The (H) Holding Provision shall, upon application by the Owner, be removed from the “S5-3-HL” Zone by City Council passing a By-law under Section 34 of the Planning Act. The following condition shall first be completed to the satisfaction of the City of Pickering: (i) That the Owner obtain Site Plan Approval for the proposed relocation, restoration and addition to the Dixon Farmhouse, known municipally as 450 Finch Avenue. 7. Permitted Uses and Zone Regulations (“NP” Zone) (1) Permitted Uses (“NP” Zone) No person shall, within the lands zoned “NP” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Neighbourhood park 8. Permitted Uses and Zone Regulations (“(H)NP” Zone) (1) Permitted Use (“(H)NP” Zone) Until such time as the (H) Holding Provision is lifted, no person shall, within the lands zoned “(H)NP” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Detached dwelling, subject to the provisions of Section 5(3) of this By-law (2) Zone Requirements (“(H)NP” Zone) The (H) Holding Provision shall, upon application by the Owner, be removed from the “NP” Zone by City Council passing a By-law under Section 34 of the Planning Act. The following condition shall first be completed to the satisfaction of the City of Pickering: (i) That the Owner acquire Part Block 59 and Part Block 61 on Plan 40M-2254 to be formed with Block 32 within Draft Plan of Subdivision SP-2020-02, for the purposes of creating a single park block. By-law No. XXXX/23 Page 9 9. Permitted Uses and Zone Regulations (“OS-HL” Zone) (1) Permitted Uses (“OS-HL” Zone) No person shall, within the lands zoned “OS-HL” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Preservation and conservation of the natural environment, soil and wildlife; (ii) Resource management; (iii) Pedestrian trails and walkways; (2) Zone Requirements (“OS-HL” Zone) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of preservation and conservation of the natural environment, soil and wildlife, resource management, or pedestrian trail and walkway purposes. 10. Model Homes and Temporary Sales Office (1) Despite the provisions of Section 6.1 of By-law 3036, a maximum of three model homes, together with not fewer than three parking spaces per model home, may be constructed on the lands set out in Schedule I to this By-law, prior to the division of these lands by registration of a plan of subdivision. (2) A temporary sales office may be constructed on the lands set out in Schedule I to this By-law, prior to the division of these lands by registration of a plan of subdivision, subject to the following: (i) That the temporary sales office not be permitted until the plan of subdivision has received draft plan approval. (ii) That the temporary sales office comply with the minimum setback provisions of the applicable zone. 11. By-law 3036 By-law 3036, as amended, is hereby further amended only to the extend necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. By-law No. XXXX/23 Page 10 12. 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 XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Finch Avenue Rougewal k D r i v e Clerk Mayor Schedule I to By-LawPassed ThisDay of i N XXXX/23XXrd XXXX 2023 (H)S5-3-HL 70.9m NP OS-HL S5-2 S5-2 S5-3 14.0m 22.1m 2 8 . 4 m 18 5 . 2 m 40 . 5 m 105.8m 21.0m 28 . 5 m 10.7m 10.0m 4 2 . 3 m 15 . 3 m 23.6m 5.2m 19 . 6 m 31 . 8 m 29 . 8 m 4 0 . 6 m 4 . 9 m 5.2m 4.2m3 . 3 m 1 1 . 0 m 3 . 3 m 12 . 0 m 10.6m S5-3 S5-3 14 4 . 8 m 36.8m 24.4m 12.5m27.0m 67 . 9 m 46.5m 12. 5 m 18.0m 4. 9 m 44.7m 54 . 6 m 30.1m 30 . 5 m 18 . 5 m 18.5m (H)NP30 . 3 m 47. 4 m S5-3 Mahogan y C o u r t Attachment #1 to Report PLN 30-23 Finch Avenue Sa u g e e n D r i v e Amberlea Road Ros e b a n k R o a d Wi l d f l o w e r D r i v e Se g u i n S q u a r e SequinPark 1:5,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: SP-2020-02 & A 10/20 THIS IS NOT A PLAN OF SURVEY. Date: Sep. 14, 2022 ¯ E Pickering Forest Inc.450 Finch Avenue SubjectLands L:\PLANNING\01-MapFiles\SP\2020\SP-2020-02_A 10-20 Medallion Homes\SP-2020-20_A 10-20_LocationMap_v2.mxd Attachment #2 to Report PLN 30-23 Finch Avenue R o u g e w a l k D r i ve Sa u g e e n D r i v e Amberlea Road Ma p l e v i e w C o u r t Ros e b a n k R o a d M a h o g a n y C o urt Wi l d f l o w e r D r i v e Se g u i n S q u a r e 1:5,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Air Photo MapFile:Applicant:Municipal Address: SP-2020-02 & A 10/20 THIS IS NOT A PLAN OF SURVEY. Date: Feb. 27, 2023 L:\PLANNING\01-MapFiles\SP\2020\SP-2020-02_A 10-20 Medallion Homes\SP-2020-20_A 10-20_AirPhoto.mxd ¯ E Pickering Forest Inc.450 Finch Avenue SubjectLands Attachment #3 to Report PLN 30-23 Original Draft Plan of Subdivision City Development Department August 15, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2020-02 & A 10/20 Pickering Forest Inc.Applicant: DATE: File No: L:\Planning\01-MapFiles\SP\2020 Municipal Address:450 Finch Avenue N Existing Location of Heritage Home Attachment #4 to Report PLN 30-23 Revised Draft Plan of Subdivision City Development Department August 15, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2020-02 & A 10/20 Pickering Forest Inc.Applicant: DATE: File No: L:\Planning\01-MapFiles\SP\2020 Municipal Address:450 Finch Avenue N Attachment #5 to Report PLN 30-23 Zoning Provisions Comparison Chart Provision Proposed Zoning Standards for the Subject Property (A 10/20) (Proposed detached dwellings, excluding the heritage lot) “S5-2” Zone Standards (Existing detached dwellings to the east, along Rougewalk Drive & Mahogany Court) “SD-7” Zone Standards (Existing semi-detached dwellings to the east, along Mahogany Court) “S4-20” Zone Standards (New detached dwellings to the west, along a Private Road) Lot Area (min) 300 square metres (Proposed lots range between 352 and 786 square metres) 250 square metres (Existing lots range between 343 and 626 square metres) 205 square metres (Existing lots range between 244 and 405 square metres) 300 square metres (Existing lots range between 304 and 622 square metres) Lot Frontage (min) 11.0 metres (Proposed lots range between 11 and 15.1 metres) 9.0 metres (Existing lots range between 10 and 15 metres) 7.0 metres (Existing lots range between 7.0 and 9.0 metres) 11.3 metres (Existing lots range between 11.3 and 23 metres) Front Yard Depth (min) 4.5 metres 4.5 metres 4.5 metres 4.5 metres Side Yard Width (min) 1.2 metres on one side, 0.6 of a metre on the other side 1.2 metres on one side, 0.6 of a metre on the other side 1.2 metres 1.2 metres on one side, 0.6 of a metre on the other side Flankage Side Yard Width (min) 2.5 metres 2.7 metres 2.7 metres 2.5 metres Rear Yard Depth (min) 7.5 metres 7.5 metres 7.0 metres 7.0 metres Building Height (max) (i)10.0 metres (ii)10.5 metres for lots along the west side of the proposed road extension for Rougewalk Drive 12.0 metres (Existing dwellings range between 7.5 and 8.0 metres) 12.0 metres (Existing dwellings range between 7.5 and 8.0 metres) 11.0 metres (Existing dwellings range between 7.9 and 10.3 metres) Lot Coverage (max) 48 percent 48 percent 50 percent 50 percent