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HomeMy WebLinkAboutMay 8, 2017 Planning & Development Committee Agenda Monday, May 8, 2017 Council Chambers 7:00 pm Chair: Councillor Brenner For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. --Cl:fof-- Pl( ER1NG Planning & Development Committee Agenda Monday, May 8, 2017 Council Chambers-7:00pm Chair: Councillor Brenner Part 'A' Information Reports Pages Subject: Information Report No. 03-17 1-8 Zoning By-law Amendment Application A 04/17 Request for Red-Line Revision of Draft Approved Plan of Subdivision SP-2008-11 (R) 1133373 Ontario Limited and Lebovic Enterprises Limited Part of Lots 22, 23, 24 and 25, Concession 4 Seaton Community, City of Pickering Subject: Information Report No. 04-17 9-19 Zoning By-law Amendment Application A 14/16 R. & S. Cross Part of Lot 3, Plan 12, Now Part 1 Plan 40R5734 (4993 Brock Road) Part 'B' Planning & Development Reports 1. Director, City Development & CBO, Report PLN 08-17 Zoning By-law Amendment Application A 08/16 Icon Dunfair Limited Part of Lot 29, Range 3 BFC 1464 and 1466 Whites Road Recommendation For information related to accessibility requirements please contact: Linda Roberts · 905.420.4660 extension 2928 lroberts@pickering.ca Pages 20-31 -C4Jof-- P1CKER1NG Planning & Development Committee Agenda Monday, May 8, 2017 Council Chambers-7:00 pm Chair: Councillor Brenner That Zoning By-law Amendment Application A 08/16, submitted by Icon Dunfair Limited, to facilitate a residential condominium development consisting of 92 stacked back-to-back townhouse units on lands being Part of Lot 29, Range 3 BFC, be endorsed subject to the provisions contained in Appendix I to Report PLN 08-17, and that staff be authorized to finalize and forward an implementing Zoning By-law Amendment to Council for enactment. 2. Director, City Development & CBO, Report PLN 09-17 32-71 Draft Plan of Subdivision Application SP-2014-01 Draft Plan of Condominium Application CP-2014-01 Zoning By-law Amendment Application A 01/14 Lebovic Enterprises Limited and 1320991 Ontario Ltd. Part of Lots 18 and 19, Con. 3 and Part of Lots 4,5,7 and 8, R.P. 585 2610, 2630, 2650 and 2663 Brock Road Recommendation 1. That the Ontario Municipal Board be advised that the City of Pickering supports Draft Plan of Subdivision Application SP-2014-01, submitted by Lebovic Enterprises Limited and 1320991 Ontario Ltd., on lands being Part of Lot 19, Con. 3 and Part of Lots 4, 5, 7 and 8, R.P. 585, to establish two blocks for residential development for a total of 144 units, a block for future development and two blocks for .a local road, and that the Ontario Municipal Board grant draft plan approval of the draft plan, subject to the recommended draft conditions as set out in Appendix I to Report PLN 09- 17; , 2. That the Ontario Municipal Board be advised that the City of Pickering supports Zoning By-law Amendment Application A 01/14, submitted by Lebovic Enterprises Limited and 1320991 Ontario Ltd., to implement the Draft Plan of Subdivision SP-2014-01 and to facilitate a residential condominium development, and that the Ontario Municipal Board approve the zoning by-law amendment set out in Appendix II to Report PLN 09-17; 3. That the Director, Corporate Services & City Solicitor and staff be authorized to attend the Ontario Municipal Board Pre-Hearing Conference on May 23, 2017, and any subsequent hearings, to support Draft Plan of Subdivision Application SP-2014-01 and Zoning By-law Amendment ·Application A 01/14 as endorsed by Council; and --Ci:/of-- PJCKERJNG Planning & Development Committee Agenda Monday, May 8, 2017 Council Chambers-7:00pm Chair: Councillor Brenner 4. That the Director, Corporate Services & City Solicitor be authorized to sign Minutes of Settlement which include the proposed Zoning By-law Amendment and Conditions of Draft Plan Approval on the City's behalf, subject to such other revisions as are acceptable to the Director, Corporate Services & City Solicitor. (II) Other Business (Ill) Adjournment 2 Information Report No. 03-17 Page 2 For the remnant parcel, the lands currently support a detached dwelling. The surrounding land uses include: North: across Whitevale Road are additional lands owned by the applicant that have received draft approval for Plan of Subdivision SP-2008-12 and were rezoned to implement the draft plan; the lands are currently used for agricultural activities and open space, and are proposed to be used' for a stormwater management facility East and West: lands owned by the applicant that are approved for the development of a Community Node block in draft approved plan of subdivision SP-2008-12 South: lands owned by the applicant that are approved for the development of townhouse dwellings in draft approved plan of subdivision SP-2008-12 3. Applicant's Proposal The original plan of subdivision SP-2008-11 was draft approved by the Ontario Municipal Board (OMS) in December 2013. The related zoning that implements the subdivision, being the Seaton Zoning By-law 7364/14, was confirmed by the Province through an Order in Council in March 2014. Since these approvals, the landowner has commenced detailed engineering design for the draft plan of subdivision. The existing topography is challenging and altering the proposed grading to a more workable design resulted in modifications to roads and lotting fabric of the approved draft plan of subdivision. The majority of the draft plan of subdivision and zoning remains unchanged as the revisions mostly affect the area in the central portion of the draft plan, west of Sideline 22. The overall lot yield and land uses are consistent with the approved draft plan (see Submitted Revised Draft Plan of Subdivision, Attachment #2). The other part of the application is to amend the zoning by-law for a remnant parcel of land in the Community Node block. This parcel, municipally know as 1255 Whitevale Road, is designated Mixed Use Areas-Community Node by the Pickering Official Plan. These lands were not owned by any of the Seaton Landowners Group and were not zoned as part of the Seaton Zoning By-law. Now that these lands have been acquired by Lebovic Enterprises Limited, who control the abutting lands zoned Community Node, the applicant is requesti11g the lands be rezoned to Community Node to ensure the lands can be developed in a comprehensive fashion in the future (see Submitted Plan-1255 Whitevale Road, Attachment #3). 4. Policy Framework 4.1 Central Pickering Development Plan The Central Pickering Development Plan (CPDP) sets out the principles and goals that outline the general development vision for the overall Seaton Urban Area, including the integration of new sustainable urban development while ensuring the protection, maintenance, and enhancement of the natural heritage system. The objectives and policies of the CPDP are designed to achieve the vision of Seaton. The subject applications conform to the intent of the CPDP. Information Report No. 03-17 Page 3 4.2 Regional Official Plan The Seaton Community falls under 'Special Policy Area A (Pickering)', in the Durham Regional Official Plan. These lands shall be developed in accordance with the CPDP and implementing Neighbourhood Plans. The design, structure, and uses proposed in the subject applications are consistent with those permitted in the CPDP and the Neighbourhood Plans. The applications comply with the Durham Regional Official Plan. 4.3 Pickering Official· Plan The subject lands are within the Seaton Urban Area Boundary in the Pickering Official Plan. The Official Plan contains policies governing various land use designations, such as Residential Area~, Mixed Use Areas, and Open Space Systems, all of which are located in the subject lands. The Official Plan establishes various policies for such matters as density, intensity of land use, and sustainability. Official Plan Amendment 22 further defines the land use designations as well as establishes policies for such matters as the Seaton Natural Heritage System, cultural heritage, sustainable development, servicing, and urban design. The applications comply with the policies and provisions of the Pickering Official Plan. 4.4 Seaton Zoning By-law 7364/14 Seaton Zoning By-law 7364/14 implements the City's Official Plan Amendment 22, which brought the Official Plan into conformity with the Central Pickering Development Plan. A zoning by-law amendment is required to implement the proposed red-line revisions to the approved draft plan of subdivision. The applicant is only proposing amendments to the zoning schedules modifying certain zoning boundaries. No changes are proposed to the zoning categories or performance standards. The proposed rezoning is only for lands in the central area of the draft plan located west of Sideline 22. Zoning for the remaining lands within the draft plan remain unchanged. The zoning amendment for the parcel of land at 1255 Whitevale Road is to remove the "A"-Agricultural Zone in Zoning By-law 3037 and rezone the parcel as "CN"-Community Node in Seaton Zoning By-law 7364/14. 5. Comments Received 5.1 Resident Comments As of the writing of this report, no comments or concerns have been received from the public. 5.2 Agency Comments As of the writing of this report, no comments or concerns have been received from any agency. 3 4 Information Report No. 03-17 5.3 City Departments Comments 5.3.1 Engineering Services Comments As of the writing of this report, no comments or concerns have been received from Engineering Services. 5.3.2 Planning & Design Section Comments Page4 The following matters have been identified by staff for further review and consideration: • ensuring the applications will implement the City's Official Plan and the Seaton Neighbourhood policies • ensuring the proposal is consistent with the City's urban design goals and objectives in the Seaton Sustainable Place-Making Guidelines • ensuring the Community Node lands can be properly integrated with the approved land uses • ensuring the revised road pattern and lotting fabric achieve City design standards • ensuring that required technical submissions and reports meet City standards The City Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies, and public. 6. Information Received Copies of the plans and studies listed below are available for online viewing at pickering.ca/devapp or in person at the office of the City of Pickering, City Development Department: • Revised Draft Plan of Subdivision • Phase One Environmental Site Assessment Report, prepared by SPL Consultants Limited, dated May 17,2013 7. Procedurallnformation 7.1 General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by.,.law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 10 Information Report No. 04-17 Page 2 3. Applicant's Proposal The applicant is proposing to demolish the existing detached dwelling and coach house, and construct a new three-storey building containing two independent dwelling units. The new building is proposed to be constructed on the existing foundation, with the exception of a slight enlargement of the building footprint on the east and west sides of the building (see Submitted Plan, Attachment #3). The proposed building will have an overall height of approximately 1 0 metres from the established grade to the peak of the roof. Each dwelling unit will have a separate entrance from grade (see Submitted East and West Elevations, and Submitted North and South Elevations, Attachments #4 and #5). A total of four parking spaces (two for each unit) are proposed in support of the development. Two parking spaces will be provided within a shared internal garage, accessed from a new driveway, and two spaces will be provided in the rear yard, accessed from the existing driveway. To accommodate the additional driveway, the applicant is proposing to relocate an existing mature tree within the municipal boulevard or plant a new tree. 4. Policy Framework 4.1 Region of Durham Official Plan The subject property is designated "Rural Settlements -Hamlets" within the Durham Regional Official Plan (DROP). Lands designated Rural Settlements-Hamlets consist of predominantly single-detached housing, community facilities, and employment and commercial uses that meet the immediate needs of the residents of the hamlet and surrounding rural area. The plan also states that lands within hamlets shall be developed in a way that will complement existing building types. The applicant's proposal conforms to the policies and provisions of the DROP. 4.2 Pickering Official Plan The subject property is designated "Rural Settlements-Oak Ridges Moraine Rural Hamlets" within the Hamlet of Claremont. This designation recognizes settlements located on the Oak Ridges Moraine with historic roots as social and service centres for the surrounding area, and provides for a variety of uses including residential, employment, and commercial. The policies for the Hamlet of Claremont further designate this property as "Hamlet Commercial". This designation provides for a variety of permissible uses including retail, office, business, personal service, employment, residential, and home occupations. The Claremont policies encourage business uses to locate in the hamlet commercial area surrounding Central Street and Brock Road and also encourage a wider variety of housing forms within the Hamlet, particularly to meet the needs of young people and senior citizens. The proposed development complies with the policy requirements of the Official Plan. Information Report No. 04-17 Page 3 4.3 Zoning By-law 3037 The subject property is currently zoned "ORM-C2" -Oak Ridges Moraine General Commercial Zone, within Zoning By-law 3037, as amended by By-law 6640/06. The "ORM-C2" Zone restricts the uses of the subject lands to: an automobile service station; bake shop; business office; clinic; day nursery; dry cleaning station; financial institution; hotel; parking station; personal service shop; place of amusement; professional office; public parking lot; restaurant; retail store; taxi cab stand; and an accessory dwelling unit. A stand-alone residential dwelling is not permitted within the "ORM-C2" zone category. The applicant has requested that the subject property be rezoned to an appropriate residential zone category in order to permit two separate dwelling units, when the by-law only permits a dwelling unit accessory to a commercial use. 5. Comments Received 5.1 Resident Comments Resident at 4985 Brock Road • has verbally indicated that they do not support the proposed development Resident at 1642 Central Street • concerned the proposed three-storey building will have an impact on the streetscape and will not be in keeping with the established one-and two-storey building heights of the surrounding area • questioned if the septic system will adequately service two dwelling units 5.2 Agency and City Department Comments Region of Durham - Planning & Economic Development Department Region of Durham - Health Department • the subject property is in close proximity to Central Street, a designated Type 'B' arterial road in the DROP • require a Noise Impact Study to be submitted to identify traffic levels for the affected residential units and to recommend the necessary noise attenuation measures and warning clauses for the development • require the Site Screening Questionnaire (SSQ) to be completed and signed by the property owner • additional comments will be provided when the above-noted information is submitted to the satisfaction of the Region • require information on the daily sewage flow for both the existing residential units and the proposed dwelling units and details of how they 11 12 Information Report No. 04-17 Durham Catholic District School Board Durham District School Board Engineering Services Department Fire Services Comments Page4 were calculated • require details of existing private sewage system and the type of well that is located on the property • comments will be provided when the above-noted information is submitted • no objection to the development proposal • students from this development will attend St. Wilfred Catholic Elementary School and St. Mary Catholic Secondary School • no objection to the development proposal • students from this development will attend Claremont Public School and Uxbridge Secondary School • the applicant shall demonstrate that the roof and any portion of the proposed building will not overhang or encroach onto the adjacent property to the north • the applicant shall indicate the downspout discharge locations and show that drainage can be conveyed to the road without adversely affecting adjacent properties • two driveway entrances are not supported by staff as the proposed driveway on the north portion of the site is located too close to the existing driveway at 1703 Central Street, and the existing driveway on the property appears to provide sufficient space for four parking spaces (two cars in tandem) • no objection to the proposal 6. Planning & Design Section Comments The following matters have been identified by staff for further review and consideration: • exploring alternative site and building designs to eliminate the need for a second driveway entrance from Brock Road and protect a mature tree within the municipal boulevard • evaluating building setbacks, particularly the north side yard width, to ensure that the proposed roof and overhangs do not encroach onto the abutting property to the north and that a sufficient setback is provided to accommodate building maintenance, grading, and drainage • evaluating the appropriateness of the proposed building height and massing, and architectural design to ensure that the proposal will reinforce and complement the existing pattern of development within the immediate area Information Report No. 04-17 Page 5 • identifying the appropriate performance standards for a residential zone category • evaluating whether the subject property or existing building has any heritage value in accordance with the Ontario Heritage Act • ensuring that the property can accommodate a private septic system for two independent dwelling units • ensuring the additional information requested by the Region of Durham with respect to noise and private services is submitted, and any further comments generated from this information are addressed • further issues may be identified following receipt and review of comments from the circulated departments, agencies, and public The City Development Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies, and public. 7. Information Received Copies of the plans and studies listed below are available for online viewing at pickering.ca/devapp or in person at the office of the City of Pickering, City Development Department: • Proposed Site Plan, prepared by Avtech Designs, dated May 2016 • Proposed Front and Rear Elevations, prepared by Avtech Designs, dated May 14, 2016 • Proposed Side Elevations, prepared by Avtech Designs, dated May 14, 2016 • Planning Rationale Report, prepared by Miller Planning Services, dated December 2016 • Site Screening Questionnaire, prepared by Robb Hudson, P. Eng., dated November 2, 2016 8. Procedural Information 8.1 General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 9. Owner/Applicant Information The owners of this property are Robert and Shannon Cross and are represented by Peter Barton of Avetch Designs. 13 Attachment n ' to _ Information Report# Cl\-l f II ~~ ~ f--- f---f------- /) L l (> I I I-I lll lll a::: I A NF ~ I I H I-L (/) ~I I I ~ _..,___ 1---- f--- f-------p: ~ 1 I I rRFF-l I I I i -. ; I-~ J__:~ I~ 1= I- r IU!r 1----(/)....._____ I-r---~ f----UJ P-I--UJ 1-r-------f----f----a::: 1-- I I- I rT n -1----(/)1-- I )-, tr= ~1....-..L- CENTRAL STREET lll a::: a}~ m trn~ ~ 1------ ~SUBJECT-1-1----of-----__] ~\PROPERTY WELbJ.!:::!GTON STREET -~ -_l - f------- I 1----I- c-0 lll (§ -lll r----/) -1----a::: a::: -I-lll :.:: f---(/) ~ > (2 0 z 0 0 0 a::: I-f---0 Ill (/) .J (/) 0 z z I <{ > 0 ::J I v I== / j / ACORN LANE / ...-II / / ,7/ v _~.----v .__ -~/ -1------I / 7/· Location Map -04of -File: A 14/16 PlCKERlNG Applicant: R. & S. Cross City Development Property Description: Part of Lot 3, Plan 12, Now Part 1 Plan 40R-5734 Department 4993 Brock Road) Date: Apr. 19 2017 ©The Corporation of the City of Pickering Produced (in part) under license from: ©Queens Printer, Ontario Ministry of Natural Resources. SCALE: 1:5,000 I ~~;~~~:~e:~t~re~i::s~~~-~~~~:~ ~~:~~~~=~tri=~1:1r~~C~~~~~ ~e:n~~~m~n~r~o~~u~~s~::~~~~o~11:r~~i~nr:~~~~:~~ooliers all ri hts reserved.: THIS IS NOT A PtAN OF SURVEY. PN-RU 15 Report PLN 08-17 Subject: Icon Dunfair Limited (A 08/16) Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. 1.0 Background 1.1 Property Description May 8, 2017 Page 2 The subject lands comprise 2 properties, with a combined area of approximately 0.70 of a hectare, located at the southwest corner of Whites Road and Dunfair Street, in the Woodlands Neighbourhood (see Location Map, Attachment #1 ). The lands are currently occupied by a detached dwelling, which will be demolished in order to facilitate the proposed development. Surrounding uses include: Dunbarton High School and associated sports facilities and fields to the north and west; an existing commercial development to the west fronting Kingston Road; an automobile service station with an automatic car wash and drive-through restaurant to the south. To the east, across Whites Road, are vacant lands intended to be developed for a 14-storey apartment building, and on the northeast corner of Kingston Road and Whites Road is an existing automobile service station. 1.2 Applicant's Proposal The applicant is proposing a condominium development consisting of 92 stacked back-to-back townhouse dwelling units within 4 blocks accessed through an internal private road. The residential blocks will be 4 storeys (approximately 16.5 metres in height) with 2-storey units stacked on top of 2-storeys. Each unit will have its own entrance at grade. The lower units will have a raised outdoor terrace accessed from the ground floor, and the upper units will have a rooftop amenity area. The proposed plan also illustrates a common outdoor amenity area with seating and landscaping located at the southwest corner of the site (see Submitted Site Plan, Attachment #2). A total of 111 parking spaces are proposed to be provided on-site. Resident parking is proposed at a ratio of 1.0 parking space per dwelling unit for a total of 92 spaces located in an underground parking area, accessed below Blocks 2 and 4. Visitor parking is provided at a rate of 0.2 spaces per unit for a total of 19 spaces located at grade. Vehicular access is from Dunfair Street. A 7.5 metre wide road widening along a portion of the site is also provided to accommodate the future widening of Whites Road. An application for Site Plan Approval has been submitted and is currently under review. 21 22 Report PLN 08-17 Subject: Icon Dunfair Limited (A 08/16) 2.0 Comments Received 2.1 September 12, 2016 Public Information Meeting May 8, 2017 Page 3 A Public Information Meeting was held on September 12, 2016 at which an area resident attended. The following is a summary of key concerns and comments: • concerned that the proposed wood privacy fence will not alleviate noise and odour from the adjacent gas station/car wash and requested a brick fence along the south property line • concerned with the proposed amenity area location and requested that it be relocated • concerned that proposed walkways are not accessible to persons with disabilities • concerned with where snow storage will be located on-site In addition, the following comments and concerns were identified by members of the Planning & Development Committee: • concerned that the proposed development is not accessible to persons with disabilities • concerned that the ratio of one space per unit for resident parking is insufficient 2.2 City Departments and Agency Comments 2.2.1 City of Pickering Engineering Services Department • no objection to the proposal • matters with respect to grading and drainage, fencing details, stormwater management details, construction management requirements, snow storage location and landscaping requirements will be further reviewed through the site plan approval process 2.2.2 Region of Durham • the Regional Official Plan designates the subject lands as "Living Areas" with a "Regional Corridor" overlay; these lands shall be used predominately for housing purpos.es and are to be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads • sanitary sewer and municipal water supply is available to service the lands • the submitted Noise Impact Assessment, which evaluates noise from transportation sources, and the submitted Noise Feasibility Study, which evaluates noise from stationary sources, such as the abutting car wash to the south, are required to be updated using the Ministry of Environment and Climate Change (MOECC) standards • the Stage 1 and Stage 2 Archaeological Assessment states that no further archaeological works are required • the Phase One and the Phase Two Environmental Site Assessments confirmed that the site has been remediated to the standards of MOECC and that the Record of Site Condition will be filed with the MOECC in the near future • prior to the issuance of final site plan approval, a copy of the MOECC Acknowledgement Letter is required to be provided to the Region of Durham • the Region has no objection to the approval of the rezoning application, as all further technical matters will be dealt with through the concurrent site plan application Report PLN 08.,17 May 8, 2017 Subject: Icon Dunfair Limited (A 08/16) Page 4 3.0 Planning Analysis 3.1 The proposal conforms to the density provisions of the Pickering Official Plan The Pickering Official Plan designates the subject lands as "Mixed Use Areas -Mixed Corridors" within the Woodlands Neighbhourhood. Lands within this designation are intended primarily for residential, retail, community, cultural and recreational uses. The permitted residential density range for Mixed Corridors is between 30 units per net hectare and 140 units per net hectare, with maximum Floor Space Index (FSI) of up to and including 2.5. Following the conveyance to the Region of the Whites Road widening, the land area will be reduced to 0.66 of a hectare. The proposed development will result in a density of 140 units per net hectare with an FSI of 1.6, which is within the permissible density range. 3.2 The proposal is consistent with the policies of the Woodlands Neighbhourhood and the urban design objectives of the Northeast Quadrant Development Guidelines The Woodlands Neighbourhood policies of the Pickering Official Plan require new development to establish buildings on Whites Road close to the street edge, with the front doors facing the street, and with a specified percentage of their front walls required to be located within build-to-zones. The neighbourhood policies also require that new dwellings along the Whites Road frontage have a minimum of four functional storeys. The Northeast Quadrant Development Guidelines state that new residential development shall be integrated into the area in a manner that is both respectful of the character of the existing neighbourhood and serves as an interface between this area and the surrounding lands. The proposed 4-storey stacked back-to-back townhouse development adjacent to Whites Road will provide for a strong identifiable urban image. The building fagades along Whites Road for Blocks 1 and 2 have been further enhanced with additional windows and covered porches (see Submitted Conceptual Building Elevation Plan, Attachment #3). The proposed building design contains well-proportioned architectural elements, materials and massing configuration supportive of the contemporary architectural style. The building material is mostly brick construction with fibre cement siding and stone accents on all sides facing Whites Road and Dunfair Street. The zoning by-law will include a provision for a build-to-zone and will require that approximately 60 percent of the build-to-zone be occupied by buildings. Each unit has its own entrance at grade connected to an internal pedestrian pathway providing access to sidewalks along Whites Road and Dunfair Street. The private driveway and underground garage access are screened from the street and utilities are enclosed within the underground garage. In addition, required landscape improvements along Whites Road and Dunfair Street will contribute to an enhanced streetscape. The proposal complies with the policies of the Woodland Neighbourhood and is consistent with the urban design objectives of the Northeast Quadrant Development Guidelines. 23 24 Report PLN 08-17 Subject: Icon Dunfair Limited (A 08/16) May 8, 2017 Page 5 3.3 The proposal will have minimal traffic impact on the operation of Whites Road and surrounding road network The Region of Durham has reviewed the submitted Traffic Study and is in general agreement with the consultant's findings that the proposed development will have minimal impact on Whites Road, and on the intersection of Whites Road and Dunfair Street. However, the study did identify that there are existing turning delays experienced at the intersection of Dunfair Street and Whites Road during the morning and afternoon peak hours. It is anticipated that the current delays at the intersection of Whites Road and Dunfair Street will become worse with general traffic growth in the future, the addition of the proposed site traffic, and the planned widening of Whites Road from four to six lanes. The Region of Durham has advised that intersection of Whites Road and Dunfair Street is not a candidate for signalization because it is too close to the existing traffic signals at Whites Road and Sheppard Avenue to the north, and Whites Road and Kingston Road to the south. Therefore, poor operational conditions and associated safety problems are expected to result in a need to restrict the intersection of Whites Road and Dunfair Street to right turns only in the future. City Development staff have explored whether the Region would consider restricting the intersection of Whites Road and Dunfair Street to right turns only, prior to the commencement of this development. The Region has advised that the widening of Whites Road to six lanes from just north of Kingston Road to Finch Avenue is projected for 2023 construction in the 2016 Capital Budget and Nine Year Forecast. Currently, there is no Environmental Assessment (EA) or preliminary design for the widening of Whites Road. Turning restrictions will be further reviewed through the EA process. The Region recommends that a clause be included in the site plan agreement and registered on title that the Region may restrict Dunfair Street at Whites Road to right-in/right-out turns only in the future at the Region's discretion and without compensation. Therefore, potential purchasers of units within this development shall be notified of this condition with a warning clause in the Agreement of Purchase and Sale. Engineering Services have reviewed the Traffic Study and concur with the Region's comments. City Development staff will ensure that the site plan agreement and the condominium declaration will include a statement advising purchasers that the intersection of Dunfair Street and Whites Road will be restricted in the future. 3.4 Sufficient resident and visitor parking is available to support the development As part of the Traffic Study, a parking justification analysis was provided in support of the proposed development. As noted above, the applicant is proposing a ratio of 1 parking space per dwelling unit for a total of 92 spaces for residents, and a ratio of 0.2 spaces per unit for a total of 19 spaces for visitor parking for a total of 111 parking spaces. Report PLN 08-17 May 8, 2017 Subject: Icon Dunfair Limited (A 08/16) Page 6 The consultant has indicated that based on their review of other municipal parking by-laws for a similar built form, the proposed parking ratio is sufficient to support the development. The consultant has also indicated that the area is well served by existing transit and Kingston Road is currently being redeveloped as a Bus Rapid Transit (BRT) route. The development is also located in close proximity to retail and service commercial uses and well served by existing and planned improvements to the active transportation network (sidewalks and walkways). City Development staff are satisfied that sufficient parking will be provided to accommodate the parking demands of the proposed residential condominium development. 3.5 The proposal has been revised to provide for barrier free pedestrian connections Concerns were expressed that the proposed development is not accessible to persons with disabilities. In response, the applicant has revised the original plan to provide a barrier free pedestrian connection from Whites Road as well as a connection from Dunfair Street into the development. Curb depressions on sidewalks throughout the site have also been added to allow for complete movement in the common areas including outdoor amenity space area, visitor parking and garbage areas. An accessible parking space is also provided at grade. The applicant has indicated that this type of housing form is not designed to be accessible. Stairs are located throughout the site including connections from one block to another, the underground resident parking area, and most individual units. In instances where accessible design is possible, the applicant would be willing to work with potential purchasers. 3.6 Appropriate noise attenuation measures will be implemented An area resident expressed a concern that the proposed wood privacy fence along the south property line will not alleviate noise and odour from the adjacent gas station/car wash and requested that a brick fence be installed. A Noise Impact Assessment and a Noise Feasibility Study were submitted in support of the proposal. Mitigation measures recommended by the consultants include a 1.8 metre high wood privacy fence along the south and southwest property lines, but a 2.4 metre high acoustic fence immediately abutting the automatic car wash (see Submitted Site Plan, Attachment #2). Other mitigation measures recommended include noise barrier around the perimeter of the rooftop amenity space and central air conditioning. As noted in Section 2.2.2 of this report, the Region has advised that the submitted Noise Impact Assessment and Noise Feasibility Study are required to be updated using MOECC standards and to address Region's technical comments. The applicant has recently submitted the revised studies, which are currently under review by the Region. Any further comments or changes to the proposed noise mitigation measures can be implemented through the current site plan review process. City Development staff are satisfied that appropriate noise mitigation measures will be implemented to ensure that future residents are not adversely impacted from the operation of existing automobile service station and associated car wash and drive-through facility to the south. 25 26 Report PLN 08-17 May 8, 2017 Subject: Icon Dunfair Limited (A 08/16) Page 7 3. 7 Other matters identified by an area resident have been addressed An area resident raised a concern that the proposed common outdoor amenity area should be relocated. Staff find the location of the amenity area appropriate. The amenity area is located at the southwest corner of the site screened from Whites Road with a pedestrian connection to the area. Enhanced landscaping is proposed along the perimeter of the common area including 2.4 metre high wood acoustic fence and a 1.8 metre high wood privacy fence as recommended by the noise consultant. Another concern that was also expressed was how snow storage will be managed. Through the site plan review process, the applicant is required to identify snow storage areas on the site plan. The site plan agreement and the condominium declaration will include a clause that the condominium corporation will be required to remove snow from the site in the event that a snowfall exceeds storage capacity. 3.8 Technical matters will be addressed through the site plan approval process A site plan application has been submitted and is currently under review. The following detailed design issues and technical matters will be further reviewed including: • architectural treatment • landscaping and fencing • noise attenuation measures • lighting • pedestrian circulation and connections • outdoor amenity design • drainage and grading • site servicing • construction management plan • snow storage/removal • garbage • Whites Road widening 3.9 Zoning By-law will be finalized and forwarded to Council for enactment The zoning by-law will have site specific provisions including, but not limited to, build-to-zone provision, maximum building height, number of dwelling units, minimum private amenity area per unit, minimum outdoor amenity area, and minimum number of resident and visitor parking spaces. Staff supports the rezoning application, and recommends that a site specific implementing by-law, containing the standards attached as Appendix I to this Report, be finalized and brought before Council for enactment. 3.10 Applicant's Comments The applicant supports the recommendations of this report. 28 Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 08/16 Appendix I to Report PLN 08-17 That the implementing zoning by-law permit the establishment of stacked townhouse dwellings in accordance with the following provisions: 1 . Permitted Use a) Stacked Back-to Back Townhouse Dwellings 2. Number of Dwelling Units: a) maximum number of units 92 3. All buildings and structures shall be located entirely within a building envelope with a minimum setback of 3.0 metres from all lot lines 4. A 3.0 metre wide build-to-zone adjacent to Whites Road 5. No building or portion of a building or structure shall be erected within the building envelope, unless a minimum of 60 percent of the entire length of the build-to-zone is occupied by a continuous portion of the exterior wall of a building 6. Stairs; cover and uncovered porches and platforms; bay, box and bow windows; balconies, box windows; eaves; canopies, window sills and other similar features are permitted to project beyond the building envelope, but no closer than 0.6 of a metres to any lot line 7. Minimum Building Height of 12.0 metres and 4 storeys 8. Minimum 10.0 square metres of private outdoor amenity space is required per dwelling unit 9. Minimum 300 square metres for private park area (outdoor amenity area) 10. Minimum 1.0 parking space per dwelling unit and an additional 0.2 of a space per dwelling unit for visitors 11. Minimum separation between buildings-10.0 metres 12. Provisions to permit model homes, if required. ATTACHMENT# / TO REPOR1 # 'PLI'\ o$~ 17 FOXWOOD TRAIL !z 1S)) '\.( I I I I tJ I 1----1---1 r r r---:----~ / 0 r---l I I l tj WEYBURN SQUARE -:---<( r---I -1---0 -,, ~ fir-t---1---0:: \ 1----1---...----1 COBBLERS COURT -0 ~ :---/; 0 -g-~ ~-1---0 -1----s g -/ '---:-----w 'I I ---'--c:l -s -'---~ t----or---0:: Wl...--w I II l1l ------J SHADYBROOK DRIVE 2 II I I I <( I L -'_.._ .....--J I I I SHEPPARD AVENUE I I \ / 0\ 1 ~ D [E§ ~ ~ J--i\ iii _.J ::J ~~ I L 0 ~ ~ <( @\_.-l..-)/ 0 T 0:: (/) SUBJECT lU • f-I PROPERTY ~ s ~ , v 1--- 1--- '-- 1---1----STEEPLE HILL I ~:.a\ ~~ o~>-\l '0\G0 0~~ s" ~~0 / v ~Y) v EYER DRIVE Location Map -04Jof-File: A 08/16 PlCKERlNG Applicant: Icon Dunfair Limited City Development Property Description: Part of Lot 29, Range 3 BFC Department (1464 and 1466 Whites Road) Date: Mar. 30, 2017 The Corporat1on of the City of Pickenng Produced {!n part) under license from: @Queens Printer, Ontano Mmistry of Natural Resources. SCALE: 1:5,000 II rights reserved.f© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; PN-2 Teranet Enterprises Inc. and its supp\lers an rights reserved.:© Municipal Property Assessment Corporation and Its suppners all rights reserved.: THIS IS NOT A PLAN OF SURVEY. 29 32 -C~of----­ PlCKERJNG Report to Planning & Development Committee From: Subject: Kyle Bentley Director, City Development & CBO Draft Plan of Subdivision Application SP-2014-01 Draft Plan of Condominium Application CP-2014-01 Zoning By-law Amendment Application A 01/14 Lebovic Enterprises Limited and 1320991 Ontario Ltd. Report Number: PLN 09-17 Date: May 8, 2017 Part of Lots 18 and 19, Con. 3 and Part of Lots 4, 5, 7 and 8, R.P. 585 (261 0, 2630, 2650 and 2663 Brock Road) Recommendations: 1. That the Ontario Municipal Board be advised that the City of Pickering supports Draft Plan of Subdivision Application SP-2014-01, submitted by Lebovic Enterprises Limited and 1320991 Ontario Ltd., on lands being Part of Lot 19, Con. 3 and Part of Lots 4, 5, 7 and 8, R.P. 585, to establish two blocks for residential development for a total of 144 units, a block for future development and two blocks for a local road, and that the Ontario Municipal Board grant draft plan approval of the draft plan, subject to the recommended draft conditions as set out in Appendix I to Report PLN 09-17; 2. That the Ontario Municipal Board be advised that the City of Pickering supports Zoning By-law Amendment Application A 01/14, submitted by Lebovic Enterprises Limited and 1320991 Ontario Ltd., to implement the Draft Plan of Subdivision SP-2014-01 and to facilitate a residential condominium development, and that the Ontario Municipal Board approve the zoning by-law amendment set out in Appendix II to Report PLN 09-17; 3. That the Director, Corporate Services & City Solicitor and staff be authorized to attend the Ontario Municipal Board Pre-Hearing Conference on May 23, 2017, and any subsequent hearings, to support Draft Plan of Subdivision Application SP-2014-01 and Zoning By-law Amendment Application A 01/14 as endorsed by Council; and 4. That the Director, Corporate Services & City Solicitor be authorized to sign Minutes of Settlement which include the proposed Zoning By-law Amendment and Conditions of Draft Plan Approval on the City's behalf, subject to such other revisions as are acceptable to the Director, Corporate Services & City Solicitor. Report PLN 09-17 May 8, 2017 Subject: Lebovic Enterprises Limited, et al. (SP-2014-01, CP-2014-01, A 01/14) Page 2 Executive Summary: The purpose of this report is to obtain Council's endorsement of Draft Plan of Subdivision Application SP-2014-01 and Zoning By-law Amendment Application A 01/14, submitted by Lebovic Enterprises Limited and 1320991 Ontario Ltd., ("Lebovic"), to implement a residential condominium development consisting of 90 townhouse units, 54 stacked units, a future development block, and local roads on lands located on the east and west sides of Brock Road north of Dersan Street/William Jackson Drive and south of Zents Drive/Rex Heath Drive (see Location Map, Attachment #1 ). On December 15, 2017, Lebovic filed appeals to its applications for Draft Plan of Subdivision and Zoning By-law Amendment to the Ontario Municipal Board (OMB) on the basis that the City did not make a decision on the applications within the prescribed timelines as set out in the Planning Act. A pre-hearing conference is scheduled for Wednesday May 23, 2017. The applicant has revised their proposal in an effort to resolve key concerns identified by the City and the Region prior to the pre-hearing conference (see Revised Submitted Concept Plan-Parcel A and Revised Submitted Concept Plan -Parcels B and C, Attachments #5 and #6). The key revisions include: • replacing the three-storey live-work units fronting Brock Road with four-storey stacked units • amending the tenureship of the proposal from a common element condominium to a traditional condominium development • removing vehicular access from Brock Road • providing larger common outdoor amenity areas • improving internal circulation, site design and layout Subsequent to the Public Information Meeting held on September 2, 2014, the lands municipally known as 2620 Brock Road North (see Location Map, Attachment #1) were sold to 2545623 Ontario Inc., (Ten key). Tenkey has been working with Lebovic and City staff to ensure that the three separate parcels on the west side of Brock Road are developed in a logical and coordinated manner. City Development staff are in support of the revised proposal submitted by Lebovic. The revised concept plan is consistent with the policies for the Duffin Heights Neighbourhood and represents a logical and orderly development. Through the Site Plan Approval process, staff will work with the applicant to further review detailed urban design and architectural matters including, but not limited to: Brock Road streetscape; internal pedestrian circulation and connections to Brock Road; programming of outdoor private park; internal landscaping; and architectural design. Staff recommend that Council endorse the submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment and request that the Ontario Municipal Board grant approval of the draft plan, subject to conditions of approval as set out in Appendix I, and approve the zoning by-law amendment as set out in Appendix II. Staff also recommend that Council authorize the Director, Corporate Services & City Solicitor to attend the pre-hearing conference and any subsequent meetings, and be authorized to sign Minutes of Settlement on the City's behalf. 33 34 Report PLN 09-17 May 8, 2017 Subject: Lebovic Enterprises Limited, et al. (SP-2014-01, CP-2014-01, A 01/14) Page 3 Financial Implications: No direct costs to the City are anticipated as a result of the proposed amendment. 1. Background 1.1 Property Description The subject lands consist of three separate properties located along Brock Road between Zents Drive/Rex Heath Drive and Dersan Street/William Jackson Drive within the Duffin Heights Neighbourhood (see Location Map, Attachment #1 ). Parcel A 2663 Brock Road Parcel Band Parcel C 2610, 2630, and 2650 Brock Road • located on the east side of Brock Road, north of the hydro corridor and west of William Jackson Drive • the property has an area of approximately 1 .0 hectare with 126 metres of frontage along Brock Road and 20 metres of frontage along William Jackson Drive • to the north of the subject lands is a residential development presently under construction proposed by Averton (Brock Three) Ltd., et al., consisting of two 8-storey mixed use apartment buildings with grade related commercial and a mix of back-to-back townhouses and stacked townhouses • to the south is a hydro corridor, and further south is a residential development consisting of a mix of traditional, stacked and back-to-back townhouse dwellings • to the east, across William Jackson Drive, is a neighbourhood park, a mix of townhouse dwellings and the Pickering Golf Club • to the west, across Brock Road, are additional lands subject to this application • the subject property currently supports a sales trailer • located on the west side of Brock Road between Zents Drive and Dersan Street • Parcel B has an area of approximately 1.15 hectares with approximately 91 metres of frontage along Brock Road • Parcel C has an area of 0.93 of a hectare with approximately 19 metres of frontage along Brock Road, and 20 metres frontage on Dersan Street • to the north of the subject lands are large, older residential lots containing detached dwellings on lands designated as "Mixed Corridor" within the City's Official Plan • to the south is a hydro corridor and the Devi Mandir Temple • to the east, across Brock Road, are additional lands subject to this application and stacked townhouses • to the west, is a woodlot, which is designated as "Natural Areas" within the City's Official Plan Report PLN 09-17 May 8, 2017 Subject: Lebovic Enterprises Limited, et al. (SP-2014-01, CP-2014-01, A 01/14) Page 4 1.2 Applicant's Proposal • between Parcels B and C is a residential lot containing a detached dwelling, which has been recently purchased by 2545623 Ontario lnc.,(Tenkey) • Parcels B and C are currently vacant The applicant is proposing to develop the subject properties for a residential condominium development. The original proposal included a common element condominium development consisting of a total of 27 three-storey live-work units fronting Brock Road and 127 three-storey townhouse units accessed from an internal private road (see Original Submitted Concept Plan -Parcel A and Original Submitted Concept Plan -Parcels B and C, Attachments #2 and #3). Based on comments received from City Staff and agencies, the applicant has made a number of revisions to the original proposal. Key changes include: • replacing the three-storey live-work units fronting Brock Road with four-storey stacked units • amending the tenureship of the proposal from a common element condominium to a traditional condominium development • removing vehicular access from Brock Road • providing larger common outdoor amenity areas • providing additional resident parking for the stacked townhouse units Below is a summary of the revised proposal on each on parcel. Parcel A • 27 four-storey stacked units fronting Brock Road and 2663 Brock Road 20 three-storey rear loaded townhouse units fronting onto internal private roads (total 47 units) • vehicular access is proposed from William Jackson Drive • for the stacked townhouse units, providing 3 resident parking spaces (2 in a garage; one in the driveway); for the other townhouse units, providing 2 resident parking spaces; 24 parking spaces for visitors • Approximately 30 square metres of outdoor amenity area Parcel Band Parcel C 2610,2630, and 2650 Brock Road • Parcel B: 21 four-storey stacked units fronting Brock Road and 32 three-storey rear loaded townhouse units fronting onto internal private roads (total 53 units) • Parcel C: 6 four-storey stacked units fronting Brock Road, and 25 three-storey rear loaded townhouse units and 13 conventional townhouse units fronting onto internal private roads (total 44 units) • vehicular access is to be provided from the proposed north-south local road • for the stacked townhouse units, providing 3 resident parking spaces (2 in a garage; one in the driveway); for the other townhouse units, providing 2 resident parking spaces; Parcels B and C, providing 18 and 12 visitor parking spaces respectively 35 36 Report PLN 09-17 May 8, 2017 Subject: Lebovic Enterprises Limited, et al. (SP-2014-01, CP-2014-01, A 01/14) Page 5 • a 20 metre wide local road is proposed along the west side of Blocks B and C, forming part of a new north-south road that will eventually connect from Dersan Street to Zents Drive • approximately 1 ,400 square metres of outdoor amenity area provided on Parcel B To facilitate the proposal, the applicant has submitted revised applications for Draft Plan of Subdivision and Draft Plan of Condominium. The revised Draft Plan of Subdivision application applies only to Parcels B and C in order to facilitate two blocks for residential development, a future development block and two blocks for a local road (see Original Submitted Draft Plan of Subdivision and Revised Submitted Draft Plan of Subdivision, Attachments #4 and #7). The Draft Plan of Condominium is to create the tenure of the parcels in the development. As noted above, the applicant is proposing to amend the tenureship of the proposal from a common element condominium to a traditional condominium development. 2. Comments Received 2.1 September 2, 2014 Public Information Meeting and Written Comments Prior to the Public Information Meeting the following written comments were received: Previous Owner of 2620 Brock Road North (located between Parcels B and C) • concerned about the impact on wildlife in the immediate area • seeking clarification regarding the future local road traversing her property • questions related to traffic flow • concerned about the potential impact the proposed development could have on her lands related to servicing, such as the existing water flow and septic bed • questions related to future designation of her property At the September 2, 2014 Public Information Meeting, the following comments and concerns were identified by area residents: • the proposed buildings would be sited too close to the street restricting the ability to widen Brock Road in the future • the proposal will result in increased traffic on Brock Road • additional information requested on the plans for future schools in the area 2.2 City Departments & Agency Comments 2.2.1 City of Pickering Engineering Services Department • no objection to the proposal, subject to the conditions of draft approval outlined in Appendix I to this report Report PLN 09-17 May 8, 2017 Subject: Lebovic Enterprises Limited, et al. (SP-2014-01, CP-2014-01, A 01/14) Page 6 • technical matters with respect to grading, drainage, servicing, fencing details and requirements, stormwater management details, the retaining wall adjacent to Devi Mandir Temple, vehicular access locations along the proposed north/south local road and final design of the proposed north/south local will be further reviewed at detailed design stage and through the site plan approval process • the applicant is required to enter into a subdivision agreement with the City for all off-site works including provisions for installation of services, easements, grading, drainage and other local services, as well as the conveyance of the proposed local north/south local road to the City 2.2.2 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 should be developed in a compact form through higher densities, particularly along arterial roads such as Brock Road • the Regional Official Plan also designates the subject lands as "Regional Corridor"; lands in this designation are to develop as higher-density mixed use areas, supporting higher order transit services and pedestrian oriented development • the density of the proposed revised development is approximately 48 units per hectare, less than the long-term density target of 60 units per hectare in the ROP • the Region recognizes that a portion of the site is constrained by the site's configuration; however, the applicant and the City are encouraged to explore any opportunities to increase the density and diversify the uses of the proposed development in accordance with the requirements of the ROP • the proposal represents an infill residential development that will assist the City of Pickering in achieving intensification targets and would appear to be consistent with the Provincial Policy Statement • the proposed development conforms to the Growth Plan by facilitating growth, intensification and a mix of uses in the built-up area • the submitted Environmental Site Assessment Report, prepared by Marshall Macklin Monaghan Limited, dated October 2007, is 9 years old and can no longer be considered a current reflection of the subject property's conditions; therefore as a condition of Draft Plan Approval, the Region requires a Phase One ESA report accompanied by a Reliance letter and Certificate of Insurance • a revised Noise Impact Study, prepared by YCA Engineering, dated October 2015, recommended noise abatement measures, which are consistent with the noise guideline provided by the Ministry of the Environment and Climate Change (MOECC) • the recommendations, mitigation measures and warning clauses identified in the noise report must be implemented and included in the subdivision agreement/site plan agreement • sanitary sewer and municipal water supply is available to service the proposal • the Region has no objection to the zoning by-law amendment and draft approval of the plan of subdivision subject to the Conditions of Draft Approval provided by the Region 37 38 Report PLN 09-17 May 8, 2017 Subject: Lebovic Enterprises Limited, et al. (SP-2014-01, CP-2014-01, A 01/14) Page 7 2.2.3 Toronto and Region Conservation Authority • no objection to draft approval of the subdivision plan subject to the provided conditions of draft plan approval • no objection to the approval of the zoning by-law amendment application 2.2.4 Durham District School Board • no objections to the proposal • approximately 35 elementary pupils could be generated by this development • it is intended that any pupils generated by this proposal be accommodated within existing school facilities until such that a school facility can be justified and constructed within the immediate community area • request that the following "Notice to Parents" be inserted in all agreements of purchase and sale between the Owner and all prospective homebuyers: "Students from this development may have to attend existing schools. Although an elementary school site designation is located in the area, a school may not be constructed for some time, if at all, and then only if construction of the school can be justified." 2.2.5 Durham Catholic District School Board • no objections to the proposal • students generated from this development will attend St. Wilfrid Catholic School located at 2380 Southcott Road 3. Planning Analysis 3.1 The revised concept plan is within the density range of the Official Plan and is consistent with the policies for the Duffin Heights Neighbourhood The subject lands are designated "Mixed Use Area -Mixed Corridor" in the Pickering Official Plan, which permits a density range of over 30 units up to and including 140 units per net hectare, and a maximum floor space index of 2.5. The revised concept plan proposes a total of 150 units for a residential density of approximately 48.7 units per net hectare. The Duffin Heights Neighbourhood policies for the Mixed Corridor designation require new developments to provide: • a strong and identifiable urban image by establishing buildings closer to the street, providing safe and convenient pedestrian access, and requiring all buildings to be multi-storey, and • higher intensity multi-unit housing forms on lands adjacent to Brock Road, while restricting grade related residential development to lands adjacent to collector or local road Report PLN 09-17 May 8, 2017 Subject: Lebovic Enterprises Limited, et al. (SP-2014-01, CP-2014-01, A 01/14) Page 8 The revised concept plan illustrates four-storey stacked units with a minimum setback of 5 metres and a maximum setback of 8 metres from Brock Road. The proposed buildings will be sited close to the street, which will help establish a well-defined street wall and create a positive pedestrian friendly building presence along Brock Road. The balance of the lands will be developed for traditional (front-loaded) and rear-loaded three-storey townhouses. Through the Site Plan Approval process, staff will work with the applicant to further review detailed urban design and architectural matters in accordance with the Duffin Heights Neighbourhood Development Guidelines including: Brock Road streetscape; internal pedestrian circulation and connections to Brock Road; programming of outdoor private park; internal landscaping; and architectural design. 3.2 New owners of 2620 Brock Road North will be working with the applicant to ensure the lands on the west side of Brock Road are developed in an integrated manner The lands municipally known as 2620 Brock Road North, located between Parcels B and C on the west side of Brock Road, have been recently purchased by 2545623 Ontario Inc., (Tenkey), who are represented by Grant Morris Associates Ltd. City Development staff facilitated a meeting between Tenkey and Lebovic to ensure that the three separate parcels on the west side of Brock Road are developed in a coordinated manner and the proposed north/south local road is completed in a timely manner. Tenkey is proposing to develop their property for a residential condominium development consisting of 30 stacked units with access from a private street immediately to the north on Parcel C of the Lebovic lands (the Ten key design is illustrated on the Revised Submitted Concept Plan-Parcels Band C, Attachments #5). Tenkey has advised that they intend to use the same engineering consultants and architectural design firm to ensure that grading, drainage, stormwater management, vehicular access and architectural design are coordinated between Tenkey and Lebovic. 3.3 Technical matters will be addressed as conditions of subdivision approval and through site plan approval Site plan applications will be required for each block of development. Detailed design issues will be dealt with through the subdivision agreement and site plan approval process. These requirements will address matters such as, but not limited to: • construction management/erosion and sediment control • stormwater management • noise mitigation measures • drainage and grading • site servicing • building design • landscaping • resident, visitor and accessible parking spaces • waste management collection • location of Community Mailboxes 39 40 Report PLN 09-17 May 8, 2017 Subject: Lebovic Enterprises Limited, et al. (SP-2014-01, CP-2014-01, A 01/14) Page 9 • preparation and review of the detailed design of the north-south local road; and • securities for the construction of the local road 3.4 Draft Approval of the Draft Plan of Condominium is delegated to the Director, City Development In accordance with Council Policy and Delegation By-law 7306/13, the Director, City Development has the authority to grant draft plan approval for plans of condominium. Therefore, no further approvals are required from City Council. 3.5 Council is requested to support the conditions of draft plan approval and draft zoning by-law amendment for presentation to the Ontario Municipal Board (OMB) Over the past few months, both staff and Lebovic have addressed various issues, many of which in turn have been resolved through the attached conditions of draft plan of subdivision and draft zoning by-law amendment. Staff recommend that Council endorse the submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment applications and request that the OMB Board grant draft plan approval of the draft plan, subject to conditions of approval as set out in Appendix I, and approve the zoning by-law amendment as set out in Appendix II. Staff also recommend that Council authorize the Director, Corporate Services & City Solicitor to attend the Pre-hearing conference and any subsequent meetings, and be authorized to sign Minutes of Settlement on the City's behalf. Appendices: Appendix I Recommended Conditions of Approval for Draft Plan of Subdivision SP-2014-01 Appendix II Recommended Zoning By-law Attachments: 1 . Location Map 2. Original Submitted Concept Plan -Parcel A 3. Original Submitted Concept Plan -Parcels B and C 4. Original Submitted Draft Plan of Subdivision 5. Revised Submitted Concept Plan -Parcel A 6. Revised Submitted Concept Plan -Parcels B and C 7. Revised Submitted Draft Plan of Subdivision Recommended Conditions of Approval for Draft Plan of Subdivision SP-2014-01 42 Appendix I to Report PLN 09-17 Proposed Conditions of Draft Approval Plan of Subdivision: SP-2014-01 Lebovic Enterprises and 1320991 Ontario Ltd. 2610, 2630, 2650 & 2663 Brock Road April 26, 2017 (Part of Lot 19, Concession 3, and Part of Lots 4, 5, 7 and 8, Registered Plan 585) City of Pickering General 1. That the Owner shall prepare the final plan, and shall include a land use table, generally on the basis of the approved draft plan of subdivision prepared by GHD Inc. identified as Drawing No. 11227 -DP2 for lands being Part of Lot 19, Concession 3, and Part of Lots 4, 5, 7 and 8 Registered Plan 585, City of Pickering, which illustrates 2 blocks for residential development (Blocks 1 and 2), a block future development block (Block 3), and two blocks for a public road (Street 'A' and Street 'B'). Region of Durham 2. That the Owner shall prepare the final plan and shall include a land use table on the basis of the approved draft plan of subdivision, prepared by GHD Inc., identified as Drawing No. 11227-DP2, Plotted October 6, 2015, which illustrates 2 development blocks, a reserve block and roads. 3. That the Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the City of Pickering. 4. That the Owner shall submit plans showing the proposed phasing to the Region and the City of Pickering for review and approval if this subdivision is to be developed by more than one registration. 5. That the Owner shall grant to the Region, any easement required to provide Regional services for this development and these easements shall be in locations and of such widths as determined by the Region. 6. 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 Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 43 44 Proposed Conditions of Approval (SP-2014-01) Page2 7. That prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 8. That the Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality 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 roads, services, drainage and other services. 9. That prior to final approval, the Owner is required to submit a Phase One Environmental Site Assessment (ESA) report, as well as a signed Regional Reliance Letter and Certificate of Insurance to the Region's satisfaction in support of the aforementioned Phase One ESA report. Alternattively, a signed Record of Site Condition (RSC) may be submitted to the Ministry of the Environment and Climate Change (MOECC). Should A RSC be filed, the Region will require a copy of the RSC and any other supporting documentation, including the MOECC's Acknowledgement Letter. 1 0. That the Owner shall agree in the City of Pickering Subdivision Agreement to implement the recommendations of the report, entitled "Environmental Noise Assessment, Lebovic-Duffin Heights Mixed Use Sites, Part of Lot 19, Concession 3, City of Pickering" prepared by YCA Engineering Limited, originally dated July, 2013 and revised October, 2015, 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 revised noise (i.e., author, title, date and any revisions/addenda) and shall include any required warning clauses indentified in the study. Subdivision Agreement 11. That the Owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City's requirements, financial and otherwise, which shall include, but not necessarily be limited to the conditions outlined in this document. 40M-Pian 12. That the Owner submits a 40M-Pian to the satisfaction of the City Development Department. Zoning 13. That the implementing by-law for Zoning By-law Amendment Application A 01/14 becomes final and binding. Proposed Conditions of Approval (SP-2014-01) Page 3 Street Names and House Numbers 14. That street names and signage be provided to the satisfaction of the Region and the City. 15. That house numbers are assigned as per the City's addressing conventions. Development Charges & 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 development review and inspection fees. Dedications/Transfers/Conveyances 18. That the Owner conveys to the City, at no cost: (i) road allowances, Street 'A' and Street '8' along with the proper corner roundings and sight triangles to the City and any other easements as required, (ii) 0.3 metre reserve across the east side of Street 'A' from the north limit of the water booster station to the north limit of Block 3, and (iii) 0.3 metre reserve across the north limit of Street '8'. Stormwater 19. That the Owner satisfies the Director, Engineering Services respecting interim storm drainage and stormwater management measures for the drainage of Street 'A' and Street '8' as well as any offsite drainage to the satisfaction of the City. 20. That the Owner satisfies the Director, Engineering Services that all stormwater management, and erosion and sedimentation control structures are operating and will be maintained in good repair during the construction period for Street 'A' and Street '8'. 21. That the owner satisfies the Director, Engineering Services to implement all water balance/infiltration measures identified in the approved Master Environmental Servicing Plan and Functional Servicing and Stormwater Managment Report. Grading 22. That the Owner satisfies the Director, Engineering Services respecting submission and approval of a grading control plan for Street 'A' and Street '8'. 45 46 Proposed Conditions of Approval (SP-2014-01) 23. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a geotechnical soils analysis for Street 'A' and Street 'B'. 24. That the Owner satisfies the Director, Engineering Services respecting authorization from abutting landowners for all offsite grading. Page 4 25. That the Owner satisfies the Director, Engineering Services respecting drainage of the low area within the woodlot to the west of Street 'A'. 26. That the Owner satisfies the Director, Engineering Services respecting the grade difference from the travelled portion of Street 'A' and Street 'B' and the west right-of-way limit, and indicate how the grade difference will be accommodated considering the positive boulevard grade to the limit of the right-of-way. Fill & Topsoil 27. That the Owner acknowledges that the City's Fill & Topsoil Disturbance By-law prohibits vegetation or soil disturbance, vegetation or soil removal or importation to the site unless a permit has been issued. No on-site works prior to draft plan approval is permitted. A Fill & Topsoil Disturbance Permit will be required should vegetation removal or grading works proceed prior to the subdivision agreement being executed. Construction/Installation of City Works & Services 28. That the Owner satisfies the Director, Engineering Services respecting the submission of appropriate engineering drawings for Street 'A' and Street 'B' that detail, among other things, City services, construction of roads with curbs, storm sewers, pedestrian walkways/sidewalks, boulevard design, lot grading, streetlights, fencing and tree planting, and financially secure such works. 29. That the Owner satisfies the City respecting arrangements for the provision of all services required by the City for Street 'A' and Street 'B'. 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 for Street 'A' and Street 'B'. 31. That the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Owner for Street 'A' and Street 'B'. Easements 32. That the Owner convey to the City, at no cost, any easements as required, and any reserves as required by the City. Proposed Conditions of Approval (SP-2014-01) Page 5 33. That the Owner conveys any easements to any utility provider to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility provider. 34. That the Owner arrange at no cost to the City any easements required on third party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after draft approval. That the Owner satisfies the Director, Engineering Services with any required on-site or off-site easements for works, facilities or use rights that are required by the City. Construction Management Plan 35. That the Owner make arrangements with the City respecting a construction management plan for Street 'A' and Street 'B', such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls as per the City's Erosion & Sediment Control Guideline for Urban Construction; (ii) addressing the parking of vehicles and the storage of construction materials during servicing and construction of Street 'A' and Street 'B', and ensuring that such locations will not impede the flow of traffic or emergency vehicles on existing streets; (iii) assurance that the City's Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; and (vii) details of the temporary construction access. Landscaping 36. That the Owner submits a tree preservation/street tree planting plan to the satisfaction of the Director, Engineering Services. This is to include boulevard plantings along Brock Road, Street 'A' and Street 'B', as well as an edge management plan along the protected woodlot west of Street 'A' and Street 'B'. Engineering Plans 37. That the Owner satisfy the City of Pickering respecting arrangements necessary to provide for coordination of services and roads with adjacent lands. 47 48 Proposed Conditions of Approval (SP-2014-01) Page6 Parkland Dedication 38. That the Owner shall satisfy its obligation to provide parkland or cash in lieu thereof by its compliance with the provisions of the Duffin Heights Master Parks Agreement. Fire 39. That the Owner agrees that no development will proceed on Blocks 1 to 3, inclusively, until adequate services are available including adequate water pressure to the satisfaction of the City's Fire Services Department. Duffin Heights Cost Sharing 40. That the Owner satisfy, to the satisfaction of the City of Pickering, all matters required by the Duffin Heights Environmental Servicing Plan, including but not limited to the following: (i) Functional Servicing and Stormwater Report (ii) Monitoring Report (iii) Compensation Report (iv) Fish Habitat Restoration Fund contribution (v) Watershed System Monitoring and Management Fund contribution; and (vi) Adaptive Management Fund contribution. 41. That the Owner satisfies the Director, City Development & CBO with a letter from the Trustee for the Duffin Heights Landowners Group Inc. acknowledging that the Owner continues to be a Participating Owner pursuant to the cost sharing agreement for Duffin Heights and that the Owner has made all payments due under the said cost sharing agreement. Other Approval Agencies 42. That the Owner obtains all necessary permits from the Toronto and Region Conservation Authority pursuant to Ontario Regulation 166/06, as amended to permit the construction of Street 'A' and Street 'B'. 43. That any approvals which are required for the construction of Street 'A' and Street 'B' from the Region of Durham, the Toronto and Region Conservation Authority, 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. Proposed Conditions of Approval (SP-2014-01) Page 7 Toronto and Region Conservation Authority 44. That prior to the initiation of topsoil stripping, grading, installation of servicing or other site alteration, and prior to the registration of the affected phase of this Draft Plan of Subdivision, the Owner shall prepare an Environmental Impact Statement (EIS) to TRCA and City of Pickering satisfaction that addresses the following issues, as outlined in the Duffin Heights Environment and Servicing Plan (ESP): (i) an Edge Management Plan shall be prepared for the woodland to the west to address the north/south road impacts to the forest edge, (ii) the amount of forest habitat to be lost as part of the construction of the north/south road shall be quantified and the compensation must be determined based on the terrestrial compensation equation outlined in the ESP plus annual cost increases since the date of adoption of the ESP, and (iii) the detailed design plans for the north/south road shall include the necessary design features as outlined in the Duffin Heights Fish Habitat Compensation Plan to promote wetland habitat within the tableland woodland. The applicant shall consult with TRCA's Restoration Services prior to initiating the detailed design for the north/south road. 45. That prior to the initiation of topsoil stripping, grading, installation of servicing or other site alteration, and prior to the registration of the affected phase of this Draft Plan of Subdivision, the Owner shall submit a revised Functional Servicing and Stormwater Management Report to address the comments in TRCA letter of June 9, 2016, to TRCA's satisfaction. 46. That prior to the initiation of the installation of servicing and prior to the registration of the affected phase of this Draft Plan of Subdivision, the Owner shall prepare and submit a detailed engineering submission to include: (i) a description of the storm drainage system (quantity, quality and erosion control) for Street 'A' and Street 'B', (ii) plans illustrating how this drainage system will tie into surrounding drainage systems (ie., how external flows will be accommodated, the design capacity of the receiving system), (iii) appropriate stormwater management techniques which may be required to control minor and major flows, (iv) implementation of the Low Impact Development measures, and 49 50 Proposed Conditions of Approval (SP-2014-01) Page 8 (v) the location, description and details of all outlets and other facitlities or works which may require permits from the TRCA pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06). 47. That the Owner agrees in the subdivision agreement, in wording acceptable to the TRCA: (i) to carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the reports and details of the plans referenced in Conditions 67 and 68, (ii) to implement erosion, sediment and topsoil management consistent with the Erosion Sediment Control Plans at all times, (iii) to install and 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, (iv) to obtain all necessary permits from the TRCA pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06), as amended, to the satisfaction of the TRCA, and (v) to provide the Owner's contribution to the compensation plan identified in ESP per Condition 66 (ii). 48. That this draft plan of subdivision be subject to red-line revision(s) in order to meet the requirements of Condition 67, if necessary, to the satisfaction of the TRCA. Hydro One Networks Inc. 49. That prior to final approval, a copy of the lot grading and drainage plan, showing existing and final grades, must be submitted in triplicate to HONI for review and approval. 50. That any development in conjunction with the subdivision must not block vehicular access to any HONI facilities located on the right of way. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the right-of-way. 51. That temporary fencing must be placed along the easement corridor during construction. Permanent fencing must be erected where subdivision lots directly abut the HONI easement at the developer's expense. Proposed Conditions of Approval (SP-2014-01) Page 9 52. That the developer shall make arrangements satisfactory to HONI for any encroachments and/or any uses of the hydro right-of-way. Separate proposals including detailed lighting and site servicing plans shall be submitted in triplicate to HONI for future road crossings. The developer must contact HONI Senior Real Estate Coordinator at 905.946.6275 to begin the process of acquiring a Construction and Encroachment Agreement. 53. That the costs of any relocations or revisions to HONI facilities which are necessary to accommodate this subdivision will be borne by the developer. 54. That the easement rights of HONI and its legal predecessors are to be protected and maintained. Notes to Draft Approval 1. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodi9ally and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 3. Where agencies' requirements are required to be included in the City of Pickering subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Commissioner of Planning and Economic Development, Planning Division, Regional Municipality of Durham, 605 Rossland Road East, P.O. Box 623, Whitby, ON L 1 N 6A3, 1.800.372.11 02; (b) Toronto and Region Conservation Authority, Planning and Development, 5 Shoreham Drive, Downsview, ON M3N 1 S4, 1.888.872.2344. 4. Prior to final approval of this plan for registration, the Director, City Development for the City of Pickering shall be advised in writing by: (a) The Region of Durham, how Conditions 2 to 10, inclusively have been satisfied, (b) TRCA, how Conditions 44 to 48, inclusively have been satisfied, and (c) Hydro One Networks Inc., how Conditions 49 to 54, inclusively have been satisfied. 51 52 Proposed Conditions of Approval (SP-2014-01) Page 10 5. The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 188-Proximity-of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors is 3 metres (1 0 feet). It is the developer's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Recommended Draft Zoning By-law Appendix II to Report PLN 09-17 For Zoning By-law Amendment Application A 01-14 53 54 ickering Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lots 18 and 19, Concession 3 and Part of Lots 4, 5, 7 and 8, Registered Plan 585, City of Pickering (A 01/14; SP-2014-01; CP-2014-01) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lots 18 and 19, Concession 3 and Part of Lots 4, 5, 7 and 8, Registered Plan 585, in the City of Pickering to permit the development of a condominium consisting of townhouse, lane townhouse and stacked townhouse units accessed from a private road; And whereas an amendment to By-law 3037, as amended by By-law 6577/05, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I and II Schedules I and II to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in, Part of Lots 18 and 19, Concession 3 and Part of Lots 4, 5, 7 and 8, Registered Plan 585 in the City of Pickering, designated "MU-29" and "MU-30" 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 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. Page 2. (2) "Amenity Area" means an outdoor area located anywhere on a lot, or the roof of a parking structure, private garage or any other building which includes landscape area, but which may also include areas of decking, decorative paving or other similar surface and includes a balcony, porch or deck and which has direct access from the interior of the dwelling unit. (3) "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. (4) "Basement" means a portion of a building below the first storey. (5) "Bay, Bow, Box Window" means a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (6) "Building" means a structure occupying an area greater than 10 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (7) (a) "Dwelling" means a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling, Block Townhouse" means a residential use building containing three or more attached principal dwelling units divided vertically, and where all dwelling units are located on one lot and accessed from a private street, laneway or common condominium aisle; (c) "Dwelling Unit" means a residential unit that i) consists of a self-contained set of rooms located in a building or structure; ii) is used or intended for use as a residential premises; iii) contains kitchen and bathroom facilities that are intended for the use of the unit only; and iv) is not a mobile home or any vehicle. (d) "Dwelling, Stacked" means a residential use building of four or fewer storeys in height containing three or more principal dwelling units where the units are divided horizontally and vertically, and in which each dwelling unit has an independent entrance to the interior. (8) "Grade" or "Established Grade" means the average elevation of the finished level of the ground adjoining all exterior walls of a building. 55 56 Page 3 (9) "Height" means the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. When the regulation establishes height in storeys, means the number of storeys. The height requirements of this By-law shall not apply to roof top mechanical penthouses. (1 0) "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, Corner" means a lot situated at the intersection of two or more streets or upon two parts of the same street having an angle of intersection not exceeding 135 degrees. (c) "Lot, Through" means a lot bounded on opposite sides by a street. (12) "Lane" means a thoroughfare not intended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public or private open space. The lane may be maintained by a condominium corporation as a private road condominium or by a government authority. (13) "Mobile Home" means a prefabricated building that is designed to be made mobile and is intended to provide permanent residence but does not include any trailer otherwise defined in this By-law. (14) "Parapet Wall" means the portion of an exterior wall extending above the roof. (15) "Parking Lot" means a lot or portion thereof provided for the parking of motor vehicles accessory or incidental to the main use. (16) "Porch" means a roofed deck or portico structure attached to the exterior wall of a building. A basement may be located under the porch. (17) "Premises" means the whole or part of lands, buildings or structures, or any combination of these. (18) "Primary Entrance Door" means the principal entrance by which the resident enters or exits a dwelling unit. (19) "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. (20) (a) "Storey" means that portion of a building other than a basement, cellar, or attic, included between the surface of any floor, and the surface of the floor, roof deck or ridge next above it. (b) "Storey, First" means the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade. (21) (a) "Street" means a public highway but does not include a lane. Where a 0.3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purposes of determining setbacks the street shall be deemed to include the 0.3 metre reserve and/or the daylight triangle, however, nothing herein shall be interpreted as granting a public right of access over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purposes under the Municipal Act. (b) "Street Line" means the dividing line between a lot and a street. (c) "Street, Private" means: i) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; ii) a private road condominium, which provides access to individual freehold lots; iii) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; iv) a private right-of-way over private property, that affords access to lots abutting a private road; but is not maintained by a public body and is not a lane. (22) "Structure" means anything that is erected, built or constructed of parts joined together with a fixed location on the ground, or attached to something having a fixed location in or on the ground and shall include buildings, walls or any sign, but does not include fences below six feet in height or inground swimming pools. (23) "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. 57 58 Page 5 5. Provisions (1) Uses Permitted ("MU-29" and "MU-30" Zones) (a) No person shall within the lands zoned "MU-29" 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) Dwelling, Stacked (ii) Dwelling, Block Townhouse (b) No person shall within the lands zoned "MU-30" 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) Dwelling, Stacked (2) Zone Requirements ("MU-29" and "MU-30" Zones) No person shall within the lands zoned "MU-29" and "MU-30" on Schedule I to this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a) Building Location and Setbacks: (i) No building or part of a building, or structure shall be erected outside of the building envelope as illustrated on Schedule II attached hereto; (ii) No building or portion of a building or structure shall be erected unless a minimum of 60 percent of the length of the build-to-zone along the Brock Road frontage, and a minimum of 60 percent of the length of the build-to-zone along the Street 'A' frontage, as illustrated on Schedule II attached hereto, contains a building or part of a building; (iii) Minimum separation between buildings: 3.0 metres; (b) Minimum and Maximum Number of Dwelling Units for Parcels A, B and C identified on Schedule II of this By-law: (i) Parcel A A. Minimum Number of Dwelling Units 31 B. Maximum Number of Dwelling Units 142 Page 6 (ii) Parcels B A. Minimum Number of Dwelling Units 35 B. Maximum Number of Dwelling Units 161 (iii) Parcel C A. Minimum Number of Dwelling Units 28 B. Maximum Number of Dwelling Units 131 (c) Building Height (maximum): 13.0 metres (d) Parking Requirements {minimum): (i) Block Townhouse Dwelling: 2.0 parking spaces per dwelling unit plus 0.2 of a parking space per dwelling unit for visitors (ii) Stacked Dwelling: 2.0 parking spaces per dwelling unit plus 0.2 of a parking space per dwelling unit for visitors (e) Driveway Width (maximum): (i) Block Townhouse Dwelling: 3.7 metres (f) Garage Requirements: (i) Block Townhouse Dwelling: Minimum 1 private garage per unit attached to the main building, the vehicular entrance of which shall be located a minimum of 6 metres from the private street that provides vehicle access to the private garage. (ii) Stacked Dwelling: Any vehicular entrance for an enclosed private garage shall be located a minimum of 6 metres from the private street that provides vehicle access to the private garage. 59 60 Page 7 (g) Interior Garage Size (minimum): (i) Block Townhouse Dwelling: A private garage shall have a (iii) Stacked Dwelling: minimum width of 2.9 metres and a minimum depth of 6.0 metres; however, the width may include 1 interior step and the depth may include 2 interior steps. Each parking space within a private garage for stacked dwelling units shall have a minimum width of 2.7 metres and a minimum depth of 6.0 metres; however, the width may include 1 interior step and the depth may include 2 interior steps. (3) Special Provisions ("MU-29" and "MU-30" Zones) (a) Despite Section 5.(2)(a)(i) of this By-law, architectural projections including balconies, covered porches, platforms and awnings, window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other similar architectural features may project outside the building envelope identified on Schedule II of this By-law, to a maximum of 2.5 metres from the main wall of the building, and uncovered steps may project outside the required building envelope to the lot line. (b) The minimum pavement width for a private street shall be 6.5 metres. (c) Air conditioners shall not be located any closer than 0.6 metres to the building envelope and shall not be located on any easement in favour of the City. (d) Amenity Area (minimum)-5.0 square metres per dwelling unit (e) Private Parks: (i) Parcel A-minimum total area shall be 1 00 square metres (ii) Parcel B-minimum total area shall be 1,000 square metres (iii) Parcel C -not applicable 62 Page 9 (6) Oversize Vehicles: ·A vehicle that exceeds the maximum permissible vehicle size provisions of Section 7.(2), is permitted to park temporarily on a lot for the sole purpose of delivering to, servicing or constructing the premises on that lot. 7. Model Homes (1) A maximum of 2 blocks, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned "MU-29" and "MU-30" as set out in Schedule I attached to this By-law. (2) For the purpose of this By-law, "Model Home" shall mean a dwelling unit which is not used for residential purpose, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 8. By-law 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedules I and II 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 3037, as amended. 9. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. J:\BYlAWS\A 01-14.doc