HomeMy WebLinkAboutPLN 19-16 C4 a Report to
``''�'^��d'' Planning & Development Committee
P ICKERING
Report Number: PLN 19-16
Date: December 5, 2016
From: Kyle Bentley
(Acting) Director, City Development
Subject: Draft Plan of Condominium Application CP-2016-01
Zoning By-law Amendment Application A 5/16
Madison Liverpool Limited
Block Q of Plan M-15, Parts 1 to 5, Plan WR74
(747 Liverpool Road)
Recommendation:
1. That Zoning By-law Amendment Application A 5/16, submitted by Madison Liverpool Limited,
to facilitate a residential common element condominium development on lands being Block Q
of Plan M-15, Parts 1 to 5, Plan WR74, be approved, and that the draft Zoning By-law
Amendment as set out in Appendix Ito Report PLN 19-16 be forwarded to Council for
enactment;
2. That the community benefits to be provided by Madison Liverpool Limited through the
bonusing provisions of Section 37 of the Planning Act R.S.O. 1990, for lands being Block Q
of Plan M-15, Parts 1 to 5, Plan WR74, be approved as outlined in Report PLN 19-16, and
included in the provisions of the implementing Zoning By-law;
3. That the Mayor and City Clerk be authorized to enter into a Section 37 agreement with
Madison Liverpool Limited to secure the improvement of the Frenchman's Bay Ratepayers
Memorial Park as outlined in Report PLN 19-16 prior to site plan approval, in accordance
with Section 37 of the Planning Act R.S.O. 1990, and on terms satisfactory to the Director,
Corporate Services & City Solicitor, which agreement shall be registered against title to the
subject lands; and
4. That a reserve fund entitled Section 37 be established to hold funds collected under
Section 37 of the Planning Act R.S.O.'1990 for the improvement of the Frenchman's Bay
Ratepayers Memorial Park.
Executive Summary: Madison Liverpool Limited has submitted applications for Zoning
By-law Amendment and Draft Plan of Condominium for the development of a common element
condominium on lands located on the east side of Liverpool Road, north of Commerce Street, in
the Bay Ridges Neighbourhood (see Location Map, Attachment#1). These lands were the site of
the Holy Redeemer Catholic Elementary School, which was officially closed in December 2015,
and the building was demolished early in 2016. The applicant originally proposed a total of 71 units
consisting of 14 detached dwellings, and 57 townhouse units accessed from an internal private
road (see Original Submitted Concept Plan, Attachment #2).
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 2
In response to identified concerns, the applicant revised their proposal (see Revised Concept
Plan, Attachment #6). The key revisions to their proposal include:
• reducing the total number of units from 71 units to 67 units
• reducing the height of the detached dwellings from 3 storeys to 2 storeys
• widening the detached dwellings to accommodate 4 vehicles (2 vehicles within a garage
and 2 vehicles on the driveway)
• closing the privately owned walkway to Foxglove Avenue and conveying a portion of the
walkway to the abutting landowners
• removing the retaining walls along most of the property line that is shared with the adjacent
Frenchman's Bay Ratepayers Memorial Park, and
• providing an accessible walkway to the park
The applicant is requesting the use of the Bonus Zoning policies of the Official Plan, which allow
City Council to permit an increase in density not exceeding 25 percent of the permitted density in
return for the provision of specific services, facilities or matters. The applicant is proposing a
17.2 percent increase (or an equivalent of 10 units) over the permitted maximum density of 30 units
per net hectare. In return for the increased density, the applicant is proposing to enhance the
adjacent Frenchman's Bay Ratepayers Memorial Park, which park is operated by the City
pursuant to a long term lease.
Staff supports the revisions to the original proposal. The reduction in the total number of units, the
reduction in the height of the detached dwellings, widening the detached dwellings to provide
additional vehicular parking, and additional landscaping opportunities along the east property line
will ensure that the residential development will be compatible with the surrounding area. In
addition, the enhancement of the park is appropriate and will benefit the surrounding community.
Accordingly, staff recommends that the site specific amending by-law as set out in Appendix I, be
approved and forwarded to Council for enactment. As required by the Bonus Zoning policies, the
implementing zoning by-law will specify the amount of the cash contribution the applicant is to
provide to the City for the park enhancement, and the requirement for an agreement, to be
registered on title, between the owner and the City specifying the density increase and the benefit
provided.
Financial Implications: No direct costs to the City are anticipated as a result of the
recommendations of this report. The applicant is requesting the use of the Bonus Zoning policies
of the Official Plan for increased density in return for a $275,000.00 contribution to be used to
enhance the adjacent Frenchman's Bay Ratepayers Memorial Park.
1. Background
1.1 Property Description
The subject lands are located on the east side of Liverpool Road, north of Commerce
Street, in the Bay Ridges Neighbourhood (see Location Map, Attachment #1). The subject
lands have an area of approximately 1.9 hectares with approximately 110 metres of
frontage along Liverpool Road. The lands were the site of the Holy Redeemer Catholic
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 3
Surrounding land uses include low density residential development consisting of
detached and semi-detached dwellings and townhouse units in the form of bungalows, and
one-and-a-half storey and two-storey dwellings. Abutting the subject lands to the south is
the City maintained Frenchman's Bay Ratepayers Memorial Park, a single-storey office
building and two detached dwellings fronting Liverpool Road.
1.2 Applicant's Proposal
The applicant proposes to develop the subject lands for a residential common element
condominium. The original proposal included a total of 71 units consisting of 14 detached
dwellings, and 57 townhouse units accessed from an internal private road (see Original
Submitted Concept Plan, Attachment#2). Vehicular access to the development is from
Liverpool Road, which will be aligned with Ilona Park Drive. All buildings were proposed to
be 3 storeys in height with flat roofs (see Original Submitted Conceptual Elevations,
Attachments #3, #4, and #5).
Based on comments received from City staff, agencies and area residents, the applicant
has made a number of revisions to the original proposal. The following are the revisions to
the original concept plan (see Revised Concept Plan, Attachment #6, and Revised
Submitted Conceptual Elevation — Single Detached Dwelling, Attachment#7):
• reduced the total number of units from 71 units to 67 units
• reduced the number of detached dwellings from 14 units to 10 units (the number of
townhouse units remain unchanged at 57 units)
• reduced the height of the detached dwellings from 3 storeys to 2 storeys
• increased the width of the detached dwellings to accommodate 4 vehicles (2 spaces
within the garage and 2 spaces on the driveway)
• closed the privately owned pedestrian walkway to Foxglove Avenue and a portion of
the lands are intended to be conveyed to the adjacent landowners
• reduced the front yard setback of the townhouses fronting onto Liverpool Road from
6.0 metres to 4.5 metres
• revised the townhouses that abut the Frenchman's Bay Ratepayers Memorial Park to
have walkouts to the rear yards eliminating the need for retaining walls along most of
the shared property line
• provided an accessible pedestrian walkway to the park
The revised proposal retains the proposed detached dwellings backing onto existing detached
dwellings along Foxglove Avenue and Commerce Street; preserves a 4.5 metre wide buffer
area along the eastern property line to maintain privacy for the adjacent residential lots fronting
Hewson Drive and retains the required visitor parking rate of 0.25 spaces per unit.
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 4
The proposed minimum lot frontage and unit sizes are as follows:
Lot Frontage (minimum) Unit Sizes
Original Revised Original Revised
Proposal Proposal Proposal Proposal
Detached 203 — 226 252 square
dwellings 9.4 metres 13.2 metres square metres metres
Townhouses 6.0 metres 6.0 metres 177 — 200 177 — 200
square metres square metres
The revised concept proposing a total of 67 units is a 17.2 percent increase over the
maximum density permitted by the Low Density designation of the Pickering Official Plan.
The applicant is requesting the use of the Bonus Zoning policies of the Official Plan, which
allow City Council to permit an increase in height or density in return for the provision of
specific services, facilities or matters. The community benefit proposed by the applicant is
the enhancement of the Frenchman's Bay Ratepayers Memorial Park, which is adjacent the
subject lands to the south. The City operates the park pursuant to a long term lease.
2. Comments Received
2.1 May 17, 2016 Open House; June 20, 2016 Public Information Meeting and Written
Submissions
An Open House meeting was held on May 17, 2016 at the East Shore Community Centre
to allow area residents an opportunity to learn about the proposal, as well as review and
comment on the plans that the applicant has submitted. Approximately 22 households were
represented at the meeting. The Public Information Meeting was held on June 20, 2016 at
which 37 households attended to voice their comments regarding the proposed
development.
The following is a summary of key concerns and comments:
• commented that the proposal is too dense for the surrounding neighbourhood and that
the proposed 3 storey dwelling units are not compatible with the abutting single-storey
detached dwellings
• concerned about privacy for the abutting residents as a result of the proposed 3 storey
units and second-storey balconies in the rear yard, and requested that balconies in the
rear yard not be permitted
• commented that the proposed contemporary architectural design of the proposed
dwelling units is not in keeping with the nautical theme along Liverpool Road
• concerned that the proposal will result in increased traffic and will further aggravate the
existing traffic congestion on Liverpool Road
• requested that the submitted transportation brief be revised to consider traffic
generated from summertime activities at the waterfront
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 5
• concerned that two parking spaces per dwelling unit is insufficient for the size of the
proposed dwelling units
• concerned that the proposed number of visitor parking spaces is insufficient to support
the development and visitor parking will spill over to adjacent roads
• concerned that the pedestrian walkway to Foxglove Avenue will facilitate parking to spill
over onto Foxglove Avenue
• requested that the proposed retaining wall along the south property line abutting the
park be reduced
• requested that the Foxglove Avenue walkway be closed and graded at the developer's
cost, and the lands conveyed to the abutting two property owners
2.2 City Departments & Agency Comments
2.2.1 Region of Durham
• the Regional Official Plan (ROP) designates the subject lands as "Living Areas"; lands
within this designation shall be used predominantly for housing purposes and
incorporate a variety of housing types, sizes and tenures
• the proposed development is permitted by the ROP as it supports infill development,
provides an alternative housing stock and is consistent with the policies and direction of
the ROP
• the Region has no objection to draft approval of the condominium plan subject to the
Conditions of Draft Approval for the Condominium provided by the Region
• prior to final approval, the Region will require that the Ministry of Culture, Tourism and
Sport provide a letter clearing the Stage 1 & 2 Archeological Assessment
• staff have reviewed the Phase 1 and Phase 2 Environmental Site Assessment reports,
prepared by CCI Group, and acknowledge that a Record of Site Condition was filed
with the Ministry of the Environment and Climate Change, as such the Region will
require no further information or studies
• sanitary sewer and municipal water supply is available to service the proposed
development
2.2.2 City of Pickering Engineering & Public Works Department
• no objection to the proposal
• matters with respect to grading and drainage, tree preservation and protection, fencing
details and requirements, and stormwater management requirements will be further
reviewed through the Site Plan Approval process
• the applicant will be required to enter into a development agreement with the City for all
offsite works
2.2.3 Durham District School Board
• no objection to the development proposal
• approximately 27 elementary students could be generated from the proposed
development
• the proposed development is within the boundary area of Sir John A. Macdonald Public
School and Pine Ridge Secondary School
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 6
2.2.4 Durham Catholic District School Board
• no objection to the development proposal
• approximately 11 elementary students could be generated from the proposed
development
• the proposed development is within the boundary area of Father Fenton Catholic
Elementary School and St. Mary Catholic Secondary School
3. Planning Analysis
3.1 Revisions to the proposal address various concerns identified by area residents and
achieves compatibility with the surrounding community
The applicant has revised the proposal to address a number of concerns raised by the
community and comments provided by the City and agencies.
The revised concept plan continues to propose detached dwellings backing onto existing
detached dwellings along Foxglove Avenue and Commerce Street. In addition to
widening the proposed detached dwellings to accommodate for 2 garage parking spaces
and 2 driveway parking spaces, the applicant has reduced the height of these dwellings
from 3 storeys to 2 storeys (approximately 9.0 metres in height) creating a compatible
relationship between the proposed and existing detached dwellings along Foxglove
Avenue, Hewson Drive and Commerce Street. The reduction in height of the proposed
dwellings also addresses privacy concerns raised by the area residents.
The location of the townhouse units will have minimal adverse impact on the surrounding
community. Townhouse blocks are located within the interior of the site, adjacent the
Frenchman's Bay Ratepayers Memorial Park and fronting Liverpool Road. As noted above,
the applicant has reduced the front yard setbacks for the townhouse units fronting Liverpool
Road from 6.0 metres to 4.5 metres. The reduced setbacks will not impact the existing
residences on the west side of Liverpool Road with respect to privacy and shadowing. The
reduced building setbacks will further enhance the streetscape and create a pedestrian
friendly environment along Liverpool Road.
Also included in the revisions is the closing of the privately owned walkway to Foxglove
Avenue. The applicant has advised that they will regrade the lands at their expense and
convey it to the abutting two property owners. Closing the walkway addresses residents'
concerns of overflow visitor parking on adjacent streets.
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 7
To reduce privacy impacts for the residences fronting Hewson Drive, a 4.5 metre wide
landscaped buffer area has been provided along the east property line. In addition, the
side yard setback of the most northerly townhouse unit fronting onto Liverpool Road has
been slightly increased to assist in the preservation of a mature tree.
Residents expressed concerns over the loss of privacy if second-storey balconies were
permitted and requested that balconies in the rear yards of the detached dwellings not be
permitted. Staff recommend that the draft by-law (see Appendix I Draft Implementing
Zoning By-law) prohibit rear balconies above the first floor on the detached dwellings.
The applicant has worked with City staff to respond to the various concerns identified by
area residents. The reduction in the total number of units, the reduction in the height of the
detached dwellings, widening the detached dwellings to provide additional vehicular
parking, and additional landscaping opportunities along the east property line will ensure
the proposal is compatible with the surrounding area.
3.2 The proposal will have minimal traffic impact effects on the operation of Liverpool
Road and surrounding road network
To address concerns raised by area residents related to traffic volumes generated by the
recreational and commercial attractions at the waterfront, the applicant's traffic consultant
undertook additional traffic counts at the intersection of Liverpool Road and Commerce
Street during the 2016 summer period around the evenings of the Waterfront Concert
Series. A revised Transportation Brief, prepared by Stantec, dated August 24, 2016 was
submitted that reviewed both the characteristics and operations of the existing
transportation network serving the subject site, and investigated summer traffic conditions.
The revised Brief found that from a transportation perspective, the former school use
represented a more intense form of development than the proposed residential
development having more noticeable impacts on the existing street system, including
higher volumes of pedestrian crossing traffic. The table below compares the potential peak
hour trip generation by the former elementary school and the revised residential
development, which illustrates that the former school generated greater traffic than the
proposed residential land use during peak hours:
Vehicle Trips
Land Use AM Peak Hour PM Peak Hour
(8 — 9 AM) (4:30 — 5:30 PM)
Proposed Residential
Development (57 Townhouse 33 40
Units & 10 Detached Dwellings)
Former Elementary School 184 61
(409 Students)
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 8
The revised Brief concluded that the proposed development does not require any road or
traffic control improvements at the proposed site access or on Liverpool Road. The main
conclusions of the Brief included that:
• existing weekday peak hour traffic conditions on Liverpool Road in the vicinity of the
subject site are characterized by relatively low traffic volumes that are well within
capacity
• the proposed development will have negligible impact on traffic operation on Liverpool
Road, and will have less of a traffic impact compared to the former elementary school
use on the site, and
• the area intersections will continue to operate at good levels of service with the
additional traffic generated by the recreational and commercial attractions at the
waterfront
Engineering Services have reviewed the revised Traffic Brief and concur that the proposal
will not have an operational impact on Liverpool Road.
3.3 Revisions are proposed to the enhancements of the Frenchman's Bay Ratepayers
Memorial Park to address area residents' concerns
Area residents expressed a number of concerns with the applicant's original proposed
enhancements to the Frenchman's Bay Ratepayers Memorial Park. They were concerned
that the parking area proposed would be used for parking by the residents of the new
development. It was also suggested that the City explore ways to reduce the proposed
retaining wall along the south property line abutting the park, and to provide a pedestrian
walkway to the park.
In response to comments received from area residents, City staff propose a redesign of the
park that addresses many of the concerns. Changes include the removal of the soccer
pitch and associated parking area, provision of an accessible pedestrian walkway to and
through the park, and removal of the retaining wall for most of the property line shared with
the park. The revised park design also includes walkways, play structures, a gazebo,
seating areas, and a multi-use court (see Revised Conceptual Park Redevelopment Plan,
Attachment#9). The applicant supports the revised park plan.
The applicant's proposal to reprogram and enhance the Frenchman's Bay Ratepayers
Memorial Park will benefit the surrounding community as well as the broader residential
community. Enhancement of the park will allow the provision of programmed outdoor
space for the existing and future residents of the Bay Ridges community.
3.4 The applicant's request meets the Bonus Zoning provisions of the Official Plan
The Bonus Zoning provisions of the Pickering Official Plan permit City Council to pass
by-laws that grant an increase in height of a building or an increase in density not
exceeding 25 percent of the density permitted by the Official Plan providing:
• the density (or height) bonus is given only in return for the provision of specific services,
facilities or matters as specified in the by-law
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 9
• the surrounding areas experiencing the increased density benefit from the positive
impacts of the exchange
• the effects of the density bonus are in conformity with the general intent of the Official
Plan, and
• as a condition of granting a density or height increase, the owner enter into an
agreement with the City that is registered on title and addresses the provision and
timing of the benefit provided
The applicant's revised proposal of 67 units is a 17.2 percent increase over the permitted
maximum density of the of "Urban Residential Areas— Low Density Areas" designation of
30 units per net hectare. In return for the increased density, which will permit an additional
10 units, the applicant proposes to provide a cash contribution for the enhancement of the
adjacent Frenchman's Bay Ratepayers Memorial Park. City staff recommend that the City
undertake the construction to rebuild the park to achieve cost savings, reduce
administrative and design costs, and to have more control over timing for the completion of
the park for late 2017.
Based on a review of the bonus zoning best practices of 13 municipalities, staff propose
that the applicant's contribution be determined as a reasonable portion of the increased
value resulting from the increased density. The increased value can be determined as the
difference in the price paid by the applicant for the property at the end of 2015 and the
property value resulting from the increased density. Several municipalities including
Mississauga, Ottawa and Vaughan use a range of 20 to 35 percent of the increase in land
value to determine the applicant's contribution. This range has attained a level of
acceptance within the development industry. The cost for the City to construct the staff's
redesign of the park is estimated to be $275,000.00 including contingencies or
approximately 23.4 percent of the increase in land value, which is within the range
generally accepted by the industry.
As required by the Official Plan Bonus Zoning policies, it is recommended that the
implementing zoning by-law specify that:
• the applicant provide a cash contribution to the City in the amount of$275,000.00 for
the capital improvement to the park, and
• the required agreement between the owner and the City will be registered on title of the
subject lands and will specify the amount of the capital cash contribution provided by
the applicant, and the improvements to be undertaken with the contribution money
As noted above, the enhancements to the park will address comments made by the public
and provide opportunities for passive and active park activities that will be enjoyed by the
immediate surrounding community.
Staff intend to develop, for Council's consideration, a policy and associated procedures for
the approach described above to implement the Bonus Zoning policies of the Pickering
Official Plan.
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 10
3.5 The proposal provides an opportunity for an improved Liverpool Road streetscape
as envisioned by the Liverpool Road Waterfront Node Development Guidelines
The Liverpool Road Waterfront Node Development Guidelines envision streetscape
improvements along Liverpool Road across the front of the proposed development that
consist of wider sidewalks, banners, hanging flower baskets, tree planning and traffic
calming measures. To achieve a stronger streetscape as envisioned by the Guidelines,
City staff requested that the front yards for the townhouse units fronting Liverpool Road be
slightly reduced. Through the Site Plan Approval process, staff will further review the
proposed elevations and landscaping along Liverpool Road to ensure the policies of the
Guidelines are implemented.
3.6 All Technical Matters will be addressed through the Site Plan Approval Process
The development will be subject to site plan approval. A site plan application has been
received and is under review. Technical matters to be addressed through site plan
approval will include, but not limited to:
• construction management/erosion and sediment control
• access
• stormwater management
• noise mitigation measures including noise warning clauses
• on-site grading
• site servicing
• fencing
• building material details
• exterior lighting
• payment of cash-in-lieu of parkland dedication
• landscaping
• street tree planting along the internal private road and the boulevard
• architectural control
• any other City and agency requirements
3.7 Draft Approval of Draft Plan of Condominium is delegated to Director, City
Development
The proposal is to be developed as a common element condominium which refers to a
development where each dwelling unit is individually owned (freehold ownership), and
where amenities or physical features are collectively owned and maintained by the unit
owners as tenants in common. The common element features include, but are not limited
to, the internal private road, sidewalks, visitor parking areas, community mailboxes, and the
water meter room (see Revised Draft Pan of Condominium, Attachment #8). As the subject
lands are part of a registered Plan of Subdivision, the applicant proposed to create the
privately owned parcels and the parcels for the common elements of the development
through a process called "lifting of part lot control".
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 11
In accordance with Council Policy and Delegation By-law 7306/01, the Director, City
Development has the authority to grant draft plan approval for plans of condominium.
Therefore, no further approvals are required from City Council.
3.8 Staff support the proposal and recommend that a zoning by-law be finalized and
forwarded to Council for enactment
The applicant is requesting to rezone the subject lands from a "R4".— One-Family Detached
Dwelling Fourth Density Zone to an appropriate residential zone category to facilitate the
proposal. Staff supports the rezoning application and recommends that the site specific
implementing by-law, as set out in Appendix I, be approved and forwarded to Council for
enactment. The implementing by-law also addresses Bonus Zoning provisions including
the amount of the cash contribution to be provided by the applicant, the timing of the
completion of the park construction, and the requirement for a Bonus Zoning Agreement
and its registration on title of the subject lands.
3.9 Applicant's Comments
The applicant concurs with the recommendations of this report. •
Appendix
Appendix I Draft Implementing Zoning.By-law
Attachments
1. Location Map
2. Original Submitted Concept Plan
3. Original Submitted Conceptual Elevation — Single Detached Fronting on Internal Private
Road
4. Original Submitted Conceptual Elevation — Rear Lane Townhouses Fronting Liverpool Road
5. Original Submitted Conceptual Elevation —Townhouses Fronting Internal Private Road
6. Revised Concept Plan.
7. Revised S ubmitt ed, Co n ceptua l Elevation —
Single Detached Fronting on Internal Private
Road
8. Revised Draft Plan of Condominium
9. Revised Conceptual Park Redevelopment Plan
Report PLN 19-16 December 5, 2016
Subject: Madison Liverpool Limited Page 12
Prepared By: Approved/Endorsed By:
AI .
Deborah Wye, MCIP, RPP Catherine Rose, MCIP, RP
Princi•al Pla ner— Development Review Chief Planner
.14 , 7//et /' //‘ .
Nile S ,rti, MCIP, RPP Kyl i Bentley, P.E •.
Manager, Development Review (Acting) Director, City Development
& Urban Design
DW:NS:Id
Recommended for the consideration
of Pickering City Council
40 //i . WC121-. zit ZD c,
Tony Prevedel, P.Eng.
Chief Administrative Officer
Appendix I to
Report PLN 19-16
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Recommended Draft Zoning By-law
for Zoning By-law Amendment Application A 5/16
•
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The Corporation of tkae ity of Pickering
B -!la' "No. XXXX/16
Y
Being a By-law to amend Restricted Area (Zoning) By-law 2520, as
amended, to implement the Official Plan of the City of Pickering,
Region of Durham, Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74
(A 5/16)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74, in the
City of Pickering to permit the development of a common element condominium
consisting of detached dwellings and townhouse units accessed from a private road;
Whereas the Official Plan for the City of Pickering contains provisions relating to the
authorization of increases in density of development;
Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the
Planning Act, may authorize increases in density (or height) of development beyond
those otherwise permitted by the by-law in return for the provision of such facilities,
services or matters as are set out in the by-law;
Whereas Subsection 37(3) of the Planning Act provides that where an owner of land
elects to provide facilities, services and matters in return for an increase in density (or
height) of development, the municipality may require the owner to enter into one or
more agreements with the municipality dealing with the facilities, services and matters;
Whereas the owner of the subject lands has elected to provide the facilities, services
and matters hereinafter set out;
And whereas the increase in density beyond that otherwise permitted on the aforesaid
lands by By-law 2520, as amended, is permitted in return for the provision of the
facilities, services and matters set out in this By-law, and will be secured an agreement
between the owner of the land and the City of Pickering;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule
Schedule I to this By-law with notations and references shown thereon are
hereby declared to be part of this By-law.
•
By-law No. XXXX/16 Page 2
to"-N, riAOT
tow-1-1
2. Area Restricted
The provisions of this By-law shall apply to those lands in, Block Q, Plan M-15,
Parts 1 to 5, Plan 40WR74 in the City of Pickering, designated "S2-17",
"MD-H12" and "MD-H13" on Schedule Ito 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
In this By-law,
(1) "Air Conditioner" means any mechanical equipment which is required for
residential domestic use and which must be installed outdoors including
central air conditioning units, heat pumps, heat exchange units,
emergency generators and other such equipments.
(2) "Balcony" means an attached covered or uncovered platform projecting
from the face of an exterior wall, including above a porch, which is only
directly accessible from within a building, usually surrounded by a
balustrade or railing, and does not have direct exterior access to grade.
(3) "Bay, Bow, Box Window" means a window that protrudes from the main
wall, usually bowed, canted, polygonal, segmental, semicircular or square
sided with window on front face in plan; one or more storeys in height,
which may or may not include a foundation; may or may not include a
• Y Y foundation; Y Y
window seat; and may include a door.
(4) "Condominium, Common Element" means spaces and features owned in
common by all shareholders in a condominium and may include private
streets, walkways, and parking and amenity areas.
(5) "Deck" means 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" means a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(b) "Dwelling, Detached" means a single dwelling which is freestanding,
separate and detached from other main buildings or structures;
(c) "Dwelling, Multiple — Horizontal" means a building containing three or
more dwelling units attached horizontally by an above-grade wall or
• walls;
3
By-law No. XXXX/16 Page
(d) "Dwelling Unit" means one or more habitable rooms occupied or
capable of being occupied as a single, independent, and separate
housekeeping unit containing a separate kitchen and sanitary facilities.
(7) "Floor Area — Residential" means the area of the floor surface contained
within the outside walls of a storey or part of a storey.
(8) "Gross Floor Area — Residential" means the aggregate of the floor areas of
all storeys of a building or structure, or part thereof as the case may be,
other than a private garage, an attic, or a cellar.
(9) "Height, Dwelling" means 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.
(10) "Lands, Subject" means the lands subject of this by-law.
(11) (a) "Lot" means an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as
the case may be, together with any accessory buildings or structures,
or a public park or open space area, regardless of whether or not
such lot constitutes the whole of a lot or block on a registered plan of
subdivision;
(b) "Lot Area" means the total horizontal area within the lot lines of a lot;
(c) "Lot Frontage" means 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;
(d) "Lot, Through" means a lot bounded on opposite sides by a street.
(12) "Parapet Wall" means the portion of an exterior wall extending above the
roof.
(13) "Porch" means a roofed deck or portico structure attached to the exterior
wall of a building. A basement may be located under the porch.
(14) "Private garage" means an enclosed or partially enclosed structure for the
storage of one or more vehicles, in which structure no business or service
is conducted for profit or otherwise.
(15) "Street, Private" means:
a) a right-of-way or roadway that is used by vehicles and is maintained by
a condominium corporation;
By-law No. XXXX/16 Page 4
b) a private road condominium, which provides access to individual
freehold lots;
c) a private right-of-way over private property, that affords access to lots
abutting the private street;
but is not maintained by a public body and is not a lane.
(16) "Wall, Front" means the wall of the dwelling closest to the front lot line.
(17) "Water Meter Building" means a building or structure that contains devices
supplied by the Region of Durham which measures the quality of water
delivered to a property.
(18) (a) "Yard" means 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;
(b) "Front Yard" means 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;
(c) "Front Yard Depth" means the shortest horizontal dimension of a
front yard of a lot between the front lot line and the nearest wall of the
nearest main building or structure on the lot;
(d) "Rear Yard" means 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;
(e) "Rear Yard Depth" means the shortest horizontal dimension of a rear
yard of a lot between the rear lot line of the lot, or where there is no
rear lot line, the junction point of the side lot lines, and the nearest
wall of the nearest main building or structure on the lot;
(f) "Side Yard" means 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;
(g) "Side Yard Width" means the shortest horizontal dimension of a side
yard of a lot between the side lot line and the nearest wall of the
nearest main building or structure on the lot;
(h) "Flankage Side Yard" means a side yard immediately adjoining a
street or abutting on a reserve on the opposite side of which is a
street;
•
By-law No. XXXX/16 rbstz.F4u P age 5
(i) "Flankage Side Yard Width" means 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.
5. Provisions
„
(1) Uses Permitted ( S2-17», "MD-H12" and "MD-H13" Zones)
(a) No person shall within the lands zoned "S2-17" on Schedule Ito
this By-law, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) Detached Dwelling
(b) No person shall within the lands zoned "MD-H12" and "MD-H13" 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) Multiple Dwelling — Horizontal
(2) Zone Requirements ("S2-17", "MD-H12" and MD-H13" Zones)
No person shall within the lands zoned "S2-17", "MD-H12" and MD-H13"
on Schedule I to this By-law, use any lot or erect, alter, or use any building
except in accordance with the following provisions:
"S2-17" Zone MD-H12 "MD-H13" Zone
Zone
(a) Number of •
Dwelling Units 57 dwelling units
(maximum)
(b) Lot Frontage 13.2 metres 6.0 metres
(minimum)
(c) Lot Area 350 square
(minimum) metres 150 square metres
(d) Front Yard
Depth 4.5 metres
(minimum)
(e) Side Yard Depth 1.5 metres except where
(minimum) dwellings on abutting lots share
1.2 metres a common wall, no interior side
yard shall be required adjacent
to that wall on either lot
By-law No. XXXX/16 n f Page 6
11JI
"S2-17" Zone M Zone "MD-H13" Zone
(f) Rear Yard
Depth 7.5 metres 7.5 metres 6.0 metres
(minimum)
(g) Flankage Yard
Depth not applicable 2.7 metres
(minimum)
(h) Building Height
(maximum) 9.0 metres 12.0 metres
(i) Driveway Width
(maximum) 6.0 metres 3.7 metres
(j) Parking 4.0 parking 2.0 parking spaces per dwelling
Requirements spaces per unit
(minimum) dwelling unit
(k) Visitor Parking
Requirements 0.25 of a parking space per dwelling unit
(minimum)
(I) Garage Minimum 1 private garage per lot attached to the
Requirements main building, the vehicular entrance of which
shall be located not less than 6.0 metres from the
common element condominium street
(m) Interior Garage A private A private garage shall have a
Size (minimum) garage shall minimum width of 3.0 metres
have a and a minimum depth of 6.0
minimum width metres provided, however, the
of 5.5 metres width may include 1 interior
and a minimum step and the depth may include
depth of 6.0 2 interior steps
metres
provided,
however, the
width may
include 1
interior step
and the depth
may include 2
interior steps
By-law No. XXXX/
pi• le • -
16 Page 7
(3) Special Provisions ("S2-17", "MD-H12" and "MD-H13" Zones)
(a) Projections such as window sills, chimney breasts, fireplaces, belt
courses, cornices, pilasters, eaves, eave troughs and other similar
architectural features may be permitted in any required yard,
provided that no such feature projects into the required yard more
than 0.6 metres or half the distance of the required yard, whichever is
less;
(b) A porch, uncovered deck or balcony may encroach into any required
front yard to a maximum of 2.0 metres or half the distance of the
required yard, whichever is less;
(c) A porch, uncovered deck or balcony may encroach into any required
flankage yard to a maximum of 2.0 metres;
(d) A porch or uncovered deck may encroach into any required rear yard
to a maximum of 2.0 metres;
(e) Stairs to a porch or uncovered deck may encroach to within 0.3 metres
of the front lot line or flankage lot line; to within 1.0 metres of a rear
lot line; and to within 0.6 metres of a side lot line;
(f) A bay, box or bow window, with or without foundation, having a
maximum width of 4.0 metres may encroach into any required yard to
a maximum of 0.6 metres or half the distance of the required yard,
whichever is less;
(g) Air conditioners are permitted on a lot provided they are located in
the rear yard or side yard or on a balcony or roof. In addition, such
units shall not be located any closer than 0.6 metres to a side lot line
and shall not be located on any easement in favour of the City;
(h) A balcony located 'above the first floor projecting or inset in the rear
wall of a building on lands zoned "S2-17" on Schedule I to this By-law
are prohibited;
(i) Outdoor Private Amenity Area for lands zoned "MD-H13" on
Schedule I to this By-law:
(i) a minimum of 14 square metres of outdoor private amenity area
shall be provided on the balcony above the garage and located
at the rear of the dwelling unit;
(ii) accessory structures such as pergolas, sheds or other similar
structures shall not be permitted on the balcony above the
garage at the rear of the dwelling unit;
•
By-law No. XXXX/16 Page 8
(iii) the outdoor private amenity area located above the garage at
the rear of the dwelling unit shall not be enclosed.
(4) Special Regulations ("S2-17", "MD-H12" and "MD-I-113" Zones)
(a) Despite the provisions of Section 5.6 of By-law 2520, as amended,
the requirement for the frontage on a public street shall be satisfied
by establishing frontage on a common element condominium street
for the lands on Schedule I to this By-law;
(b) Despite Section 5.(4)(a) above, the lot line abutting Liverpool Road
shall be deemed to be the Front Lot Line for the lands Zoned
"MD-H13" on Schedule Ito this By-law;
(c) Despite provision 5.(1)(b) and 5.(2) of this By-law, a water meter
building required by the Region of Durham for the purpose of
measuring the quantity of water delivered shall be exempt from
"MD-H12" zone use provisions and zone requirements;
(d) Section 6.3 of By-law 2520, as amended, shall not apply to the lands
zoned "S2-17", "MD-H12" and "MD-H13" on Schedule Ito this
By-law;
(e) Section 6.6a)(iv) of By-law 2520, as amended, shall not apply to the
lands zoned "MD-H13" on Schedule Ito this By-law;
(f) Sections 5.20 and 6.5 of By-law 2520, as amended, shall not apply to
the lands zoned "MD-H12" and "MD-H13" on Schedule Ito this
By-law.
6. Section 37 Provisions
(a) An indexed cash contribution of$275,000.00 to be paid to the City prior to
site plan approval, to be allocated towards capital improvements to the
Frenchman's Bay Ratepayers Memorial Park;
(b) The cash contribution identified in Section 6.(a) of this By-law shall
be indexed in accordance with the most current Statistics Canada
Non-Residential Construction Price Index reported quarterly by Statistics
Canada, calculated from the date of passing of this by-law to the date of
payment by the owner;
(c) In the event the cash contribution referred to in Section 6.(a) of this By-law
has not been used for the intended purposes within 3 years of the By-law
coming into force and effect, the cash contribution may be redirected for
another purpose, at the discretion of the Director, City Development, in
consultation with the Ward Councillor(s), provided that the purposes will
benefit the community in the vicinity of the lands;
By-law No. XXXX/16 Page 9
(d) Pursuant to Section 37 of the Planning Act, and subject to compliance with
this By-law, the increase in density of the development is permitted
beyond that otherwise permitted on the subject lands shown on Schedule I
to this By-law in return for the provision by the owner, at the owner's
expense of the facilities, services and matters set out in Section 6.(a) of
this By-law and which are secured by one or more agreements pursuant
to Subsection 37(3) of the Planning Act that are in a form and registered
on title to the lands, to the satisfaction of the City Solicitor;
(e) The owner shall not use, or permit the use of, a building or structure
erected with an increase in density pursuant to this By-law unless all
provisions and obligations in this By-law are met; and
(f) Despite Section 5.(2)(a) of this By-law, an additional 10 dwelling units are
permitted upon execution and registration on title of a Section 37
agreement pursuant to Section 6.(d) of this By-law.
7. Model Homes
(1) A maximum of 2 model homes, together with not fewer than 2 parking
spaces per Model Home, may be constructed on the lands zoned "S2-17"
as set out in Schedule I attached to this By-law prior to the division of
• those lands by lifting of part lot control;
(2) A maximum of 1 block, together with not fewer than 2 parking spaces per
Model Home, may be constructed on the lands zoned "MD-H12" as set out
in Schedule I attached to this By-law prior to the division of those lands by
lifting of part lot control;
(3) A maximum of 1 block, together with not fewer than 2 parking spaces per
Model Home, may be constructed on the lands zoned "MD-H13" as set out
in Schedule I attached to this By-law prior to the division of those lands by
lifting of part lot control;
(4) For the purpose of this By-law, "Model Home" shall mean a dwelling unit
which is not used for residential purpose, but which is used exclusively for
sales, display and marketing purposes pursuant to an agreement with the
City of Pickering.
8. By-law 2520
By-law 2520, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the area
set out in Schedule I 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 2520, as amended.
By-law No. XXXX/16 Page 10
ingaVi
9. Effective Date
• This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this XX day of XXXX, 2016.
—1311f) APV
David Ryan, Mayor
•
pRIAPV
Debbie Shields, City Clerk
•
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Location Map
Cily of FILE No:CP-2016-01 and A 05/16
PICKERING APPLICANT: Madison Liverpool Limited
PROPERTY DESCRIPTION: Block Q of Plan M15, Parts 1 to 5, Plan 40WR74
City Development (747 Liverpool Road) DATE: May 30,2016
Department eta soara�:
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C`d of FILE No: CP 2016-01 and A 05/16
PICKERING APPLICANT Madison Liverpool Limited
PROPERTY DESCRIPTION: Block Q of Plan M15, Parts 1 to 5, Plan 40WR74 (747 Liverpool Road)
City Development
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE:May 20,2016
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C4,./ FILE No: CP 2016-01 and A 05/16
PICKERING APPLICANT: Madison Liverpool Limited
PROPERTY DESCRIPTION: Block Q of Plan M15, Parts 1 to 5, Plan 40WR74 (747 Liverpool Road)
City Development
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING DATE'May 20,2016
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Original Submitted Conceptual Elevation - Rear Lane Townhouses Fronting Liverpool Road
C4,/ FILE No: CP 2016-01 and A 05/16
PICKERING APPLICANT: Madison Liverpool Limited
PROPERTY DESCRIPTION: Block Q of Plan M15, Parts 1 to 5, Plan 40WR74 (747 Liverpool Road)
City Development
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE:May 20,2016
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Cry,,/ FILE No: CP 2016-01 and A 05/16
P 1 C K E R 1 N G APPLICANT: Madison Liverpool Limited
PROPERTY DESCRIPTION: Block Q of Plan M15, Parts 1 to 5, Plan 40WR74 (747 Liverpool Road)
City Development
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE:May 20,2016
TOTAL NUMBER OF UNITS
REDUCED FROM 71 TO 67
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YARD TO EXISTING WALKWAY
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Revised Concept Plan
Gtj,i-.__ FILE No: CP-2016-01 and A 05/16
PICKERING APPLICANT: Madison Liverpool Limited
PROPERTY DESCRIPTION: Block Q of Plan M15, Parts 1 to 5, Plan 40WR74 (747 Liverpool Road)
City Development
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. I DATE:Oct.27,2016
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(4 c/ FILE No: CP 2016-01 and A 05/16
PICKERING APPLICANT: Madison Liverpool Limited
PROPERTY DESCRIPTION: Block Q of Plan M15, Parts 1 to 5, Plan 40WR74 (747 Liverpool Road)
City Development
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING DATE:May 20,ZO1 F)
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city b,i-- FILE No: CP-2016-01 and A 05/16
PICKERING APPLICANT: Madison Liverpool Limited
PROPERTY DESCRIPTION: Block Q of Plan M15, Parts 1 to 5, Plan 40WR74 (747 Liverpool Road)
City Development
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWINO AT THE CITY OFPICRERING
CITY DEVELOPMENT DEPARTMENT. DATE:Oct.28,2016
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Revised Conceptual Park Redevelopment Plan
FILE No: CP-2016-01 and A 05/16
PICKERING APPLICANT: Madison Liverpool Limited
PROPERTY DESCRIPTION: Block Q of Plan M15, Parts 1 to 5, Plan 40WR74 (747 Liverpool Road)
City Development
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE:Nov 17,2016