HomeMy WebLinkAboutPLN 13-17 C4 og Report to
PiCKERiNG Council
Report Number: PLN 13-17
Date: June 12, 2017
From: Kyle Bentley
Director, City Development & CBO
Subject: Official Plan Amendment Application OPA 15-002/P
Zoning By-law Amendment Application A 12/15
2399478 Ontario Inc.
Plan 388, Part of Lots 2 and 3
(1956 Altona Road)
Recommendations:
1. That Official Plan Amendment Application OPA 15-002/P, submitted by
2399478 Ontario Inc., to re-designate the lands being Plan 388, Part of Lots 2 and 3,
from "Urban Residential Areas — Low Density Areas" to "Urban Residential —
Medium Density Areas" to allow a condominium development consisting of
27 townhouse units, be approved, and that the draft by-law to adopt Amendment 30 to
the Pickering Official Plan as set out in Appendix Ito Report PLN 13-17 be
forwarded to Council for enactment; and
2. That Zoning By-law Amendment Application A 12/15, submitted by
2399478 Ontario Inc., to facilitate a residential condominium development
consisting of 27 townhouse units on lands being Plan 388, Part of Lots 2 and 3, be
approved, and that draft Zoning By-law Amendment as set out in Appendix II to
Report PLN 13-17 be forwarded to Council for enactment.
Executive Summary: The subject property is located on the west side of Altona Road,
north of the Hydro Corridor and south of Finch Avenue in the Rouge Park Neighbourhood
(see Location Map, Attachment#1).
The applicant's original proposal was for a residential condominium development
consisting of 73 stacked, back-to-back townhouse units within three multi-unit
residential blocks, accessed through an internal private road (see Original Concept
Plan, Attachment#3). The proposal had a residential density of approximately 130
units per net hectare, and required an Official Plan Amendment to re-designate the
easterly developable portion of the subject lands from "Urban Residential Areas —
Low Density Areas" to "Urban Residential Areas — High Density Areas".
Report PLN 13-17 June 12, 2017
Subject: 2399478 Ontario Inc. (OPA 15-002/P & A 12/15) Page 2
In response to concerns that the proposal over-developed the site, the applicant revised
the form and density of the development (see Revised Concept Plan, Attachment #4).
The revised proposal requires an Official Plan Amendment to re-designate the easterly
developable portion to "Urban Residential Areas — Medium Density Areas". The key
revisions include:
• reducing the total number of units from 73 units to 27 units
• revising the type of units from stacked back-to-back townhouses to block, lane and
back-to-back townhouses
• refining the limits of development resulting in a slightly smaller developable area of
0.57 of a hectare
• decreasing the density in the original proposal from 130 units per net hectare to
47.4 units per net hectare in the revised proposal
• introducing a micro-grid energy generation system (solar panels) and battery storage
area, with the possibility of an additional future micro-grid energy generation facility
in the future
In light of the revisions to the proposal, staff support the proposed residential
development as it is in keeping with the emerging medium density form of development
along Altona Road. Accordingly, staff recommends that Council approve Official Plan
Amendment Application OPA 15-002/P, and Zoning By-law Amendment Application A 12/15.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
1. Background
1.1 Property Description
The subject property is vacant and is located on the west side of Altona Road, north of
the Hydro Corridor and south of Finch Avenue, in the Rouge Park Neighbourhood
(see Location Map, Attachment#1). The property has an area of approximately
2.4 hectares with approximately 44.5 metres of frontage along Altona Road.
The subject property is heavily treed. The western portion of the property
contains significant open space lands associated with the Petticoat Creek Valley
and the Townline Provincially Significant Wetland Complex (see Air Photo,
Attachment#2). Surrounding land uses include:
north: townhouses under construction and environmentally sensitive lands
associated with the Petticoat Creek Valley and the Townline Provincially
Significant Wetland Complex
east: across Altona Road, townhouses under construction
south: a Hydro Corridor and further south low density residential development
Report PLN 13-17 June 12, 2017
Subject: 2399478 Ontario Inc. (OPA 15-002/P & A 12/15) Page 3
west: the Townline Provincially Significant Wetland Complex and
Petticoat Creek Valley lands to the west
1.2 Applicant's Original Proposal
The applicant's original proposal was for a high density condominium
development consisting of 73 stacked, back-to-back townhouse units within
three multi-unit residential blocks accessed through an internal private road, with
vehicular access from Altona Road (see Original Concept Plan, Attachment#3).
This proposal required the easterly developable portion of the subject lands to be
re-designated from "Urban Residential Areas—Low Density Areas"to "Urban
Residential Areas — High Density Areas". Details of the original proposal
included:
• two residential blocks of 4-storeys (approximately 14.0 metres in height)
with two units of 2-storeys stacked above each other
• one residential block having 3-storeys (approximately 10.5 metres in height)
with a single storey through unit on the first floor and a 2-storey unit above
• a single underground level of resident parking with visitor parking at grade
• vehicular access provided through a 6.5 metre wide private road off
Altona Road
• a small parkette in the north area of the site
• an internal pedestrian pathway system
1.3 Applicant's Revised Proposal
In response to concerns and comments received from commenting agencies, the
applicant has submitted a revised concept plan (see Revised Concept Plan,
Attachment#4). The revised concept plan proposes a medium density
condominium development consisting of 27 townhouse units within four
residential blocks. Specifically, the key changes to the proposal include:
• the limit of development with a 6.0 metre buffer has been defined to the
satisfaction of the Toronto and Region Conservation Authority resulting in a
net developable area of 0.57 of a hectare
• total number of units have been reduced to 27 units consisting of 6 rear lane
townhouse units, 9 traditional townhouse units, and 12 back-to-back units
• the site density has been reduced to 47.4 units per net hectare
• the required amendment to the Official Plan is to designate the subject lands
to "Urban Residential Areas — Medium Density Areas" rather than
"Urban Residential Areas — High Density Areas"
• all parking is provided at grade proposing resident parking at two spaces
per unit (block and back-to-back townhouses at one space within the
garage and one space on the driveway, and lane townhouses at two spaces
within the garage) and visitor parking at a ratio of 0.25 spaces per unit
• building heights have been revised from 3 and 4-storeys to 3-storeys
• an outdoor amenity area is partially located within the 6.0 metre buffer
Report PLN 13-17 June 12, 2017
Subject: 2399478 Ontario Inc. (OPA 15-002/P &A 12/15) Page 4
• a micro-grid energy system was introduced as part of the development (see
Section 3.5 of this report for more details on the proposed micro-grid energy
system)
A draft plan of condominium application will be submitted at a later date. The
development will be subject to site plan approval.
2. Comments Received
2.1 Public Information Meeting and Written Submissions
The Public Information Meeting was held on November 9, 2015 at which no
members of the public attended the meeting to voice their comments regarding
the proposed residential development. No comments have been received from the
public as a result of circulation of the public notice of the application.
2.2 City Departments and Agency Comments
2.2.1 Region of Durham
• the Regional Official Plan designates the subject lands as "Living Areas"
and "Major Open Space Areas"
• "Living Areas" shall be used predominately for housing purposes and are to
be developed in a compact form through higher densities and by intensifying
and redeveloping existing areas, particularly along arterial roads
• "Major Open Space Areas" shall be for conservation, and a full range of
agricultural, agricultural-related and secondary uses
• the proposed development supports infill development within the urban area,
consistent with the policies and direction of the Regional Official Plan
• in accordance with Regional By-law 11-2000, the Official Plan Amendment
application is exempt from Regional approval
• sanitary sewer and municipal water supply is available to service the
proposed lots
• the Stage 1 & 2 Archaeological Assessment, prepared by This Land
Archaeology Inc., recommended no further archeological assessment
required, and that a clearance letter from the Ministry of Culture, Tourism
and Sport has been provided
• as the Phase Two Environmental Site Assessment (ESA), prepared by
Terrapex, concluded that concentrations of two contaminants exceeded
Provincial Ministry standards, the Region requires a Record of Site Condition
(RSC) and a clearance letter from the Ministry of the Environment and
Climate Change (MOECC) prior to site plan approval
Report PLN 13-17 June 12, 2017
Subject: 2399478 Ontario Inc. (OPA 15-002/P & A 12/15) Page 5
• the Revised Environmental Noise Assessment prepared by
YCA Engineering Ltd., recommends mandatory air conditioning for Block 1
(lane townhouses), provision for adding future air conditioning for Block 2
(block townhouses) and Block 4 (back-to-back townhouses), and appropriate
warning clauses for indoor and outdoor sound levels included in all offers of
purchase and sale for dwelling units in Block 1 (lane townhouses), Block 2 (block
townhouses) and Block 4 (back-to-back townhouses)
• Altona Road is identified as a Type 'B' Arterial Road, the Region has
confirmed that the current property line is acceptable at 1956 Altona Road
and that a 3.0 metre road widening is not required
• the Region also concurs with the recommendations of the Traffic Study
prepared by GHD that the construction of right and left turning lanes on
Altona Road are not required
2.2.2 Toronto and Region Conservation Authority
• the subject lands are partially located within a Toronto and Region
Conservation Authority (TRCA) Regulated Area of the Petticoat Creek
Watershed, a permit is required from the TRCA prior to any development
taking place
• additional land base and ecosystem compensation for impacts to the natural
heritage system have been agreed to between the applicant and TRCA
• conveyance of the valley portion to the TRCA will be required
• a geotechnical brief addressing site grading and future maintenance
(including a cross-section drawing from the limits of the north side of the road
to the mid-bottom of the slope on the adjacent property) of the access road
along the south property boundary is required at site plan approval
• the functional site servicing report and associated grading and servicing
plans must show the revised limits of development (grading or stormwater
management controls must not be shown beyond the limit of development)
• all development including the proposed limit of conveyance must be
adequately buffered from the top of bank
• the proposed energy battery storage area must be 6.0 metres from the
long term stable slope line
2.2.3 Durham Catholic District School Board
• the students generated from the proposed development will attend
St. Monica Catholic Elementary School and St. Mary Catholic Secondary School
2.2.4 Durham District School Board
• the students generated from the proposed development will attend
Elizabeth B. Phin Public School and Dunbarton High School
Report PLN 13-17 June 12, 2017
Subject: 2399478 Ontario Inc. (OPA 15-002/P &A 12/15) Page 6
2.2.5 Engineering Services Department
• no objection to the proposal
• matters with respect to grading and drainage, tree preservation and
protection, fencing details and requirements, stormwater management
details and construction management requirements will be further reviewed
through the Site Plan Approval process
• the applicant may be required to enter into a development agreement
with the City of Pickering for off-site works such as the provision and
installation of roads, services, grading, drainage, easements, cost sharing, as
well as securities and insurance
• on-site works prior to Site Plan Approval will not be permitted, unless the City
has issued a permit under the Fill and Topsoil Disturbance By-law
3. Planning Analysis
3.1 The amendment to the Official Plan to increase the density on the subject
lands is appropriate
The subject lands are within the Rouge Park Neighbourhood. The easterly
developable portion of the subject lands are designated "Urban Residential Areas—
Low Density Areas", and the westerly non-developable portion of the subject
lands are designated "Open Space System — Natural Areas".
The Low Density designation provides for housing at a residential density of
up to and including 30 units per net hectare. The policies of the Official Plan
state that City Council shall encourage a broad diversity of housing by form,
location, size, tenure, and cost within the neighbourhoods and villages of the
City, so that the housing needs of existing and future residents can be met as
they evolve over time.
The smaller developable area and reduced number of units results in a net
residential density of 47.4 units per hectare. The "Urban Residential Areas —
Medium Density Areas" designation provides for housing at a net residential
density of over 30 units and up to and including 80 units per net hectare. The
City's Official Plan requires that density be calculated on the basis of
net residential density, which excludes all lands to be conveyed to public
ownership such as valley lands, public roads, and road widenings.
The proposal is an infill residential project that is in keeping with recently
approved residential development along Altona Road north of the Hydro Corridor
which is of medium density residential form. The proposal will also provide for a
mix of housing form and tenure, and will assist the City in achieving its
intensification targets. The proposal is also consistent with the Provincial Policy
Statement and conforms to the Growth Plan for the Greater Golden Horseshoe.
For these reasons, re-designating the easterly developable portion of the subject
Report PLN 13-17 June 12, 2017
Subject: 2399478 Ontario Inc. (OPA 15-002/P & A 12/15) Page 7
lands from Low Density Residential to Medium Density Residential is appropriate
in order to facilitate the development of the developable portion of the subject lands.
3.2 Revisions to the proposal achieve compatibility with the surrounding
community
In reviewing the revised proposal, staff considered various matters such as the
proposed uses; arrangement of uses on the site; building height and setbacks;
the limit of the developable area; landscaping; parking, and traffic implications.
The reduction in the overall number of units is a result of a further refinement of
the developable area, and replacement of stacked townhouses with block, lane
and back-to-back townhouse dwellings.
The proposed condominium townhouse development is similar in terms of
building form and height to the residential developments that are under
construction to the north of the subject site and to the east across Altona Road.
Appropriate outdoor amenity areas are provided in the form of a communal
amenity area in the northwest area of the subject site, rear yards for the block
townhouses, and uncovered decks above the garages for the lane townhouses.
Resident parking is provided at two spaces per unit (block and back-to-back
townhouses at one space within the garage and one space on the driveway, and
lane townhouses at two spaces within the garage) and visitor parking at a ratio of
0.25 spaces per unit.
The revisions proposed by the applicant will ensure that the proposal is
compatible with the emerging community.
3.3 The revised proposal will have minimal traffic impact on Altona Road and
surrounding road network
The applicant submitted a Proposed Access Location Traffic Impact Brief,
prepared by GHD, dated March 9, 2015, in support of the original proposal. The
Brief determined that the original proposal of 73 units would generate 7 inbound
and 34 outbound automobile weekday trips, and 32 inbound and 16 outbound
automobile weekend trips. Based on the estimated trips, the Brief recommends
that the proposed location of the driveway on Altona Road is appropriate, and
that neither a southbound right-turn lane nor a northbound left-turn lane are
required. The Brief concluded that the existing road network can easily
accommodate the estimated future traffic that would be generated from the site
with minimal traffic operational impact.
Regional Works and City Engineering Services have reviewed the submitted
Traffic Impact Brief and are satisfied that the revised proposal will not have any
significant impact on Altona Road.
Report PLN 13-17 June 12, 2017
Subject: 2399478 Ontario Inc. (OPA 15-002/P & A 12/15) Page 8
3.4 Environmental lands and associated buffers will be conveyed to the
Toronto and Region Conservation Authority
The TRCA is in agreement with the staked top of slope, staked dripline of
vegetation, and the long term stable top of slope shown on the revised proposal.
Subject to appropriate mitigation and compensation, the TRCA has also
permitted minor encroachment of some development into the natural features
area, such as the communal amenity area, and the condominium road. The
lands below the greater of either the long term stable top of slope or staked
dripline including a 6.0 metre buffer will be conveyed to the TRCA. These
conveyed lands are recommended to be zoned to an Open Space Hazard Lands
zone category restricting the use of the lands to preservation, conservation, and
resource management, amenity area, and access driveway.
3.5 The proposed development is to be energy efficient
In partnership with Veridian Connections, Opus One, and the Ontario Ministry of
Energy, the applicant is proposing that the development contain a community
energy micro-grid consisting of roof top solar panels, community battery storage,
individual homeowner battery storage, coordination with the electric distribution grid,
and community electric vehicle charging. Power will be generated from roof top
solar panels (or a potential future small scale electrical generation facility) and
either stored in the on-site batteries for later use by the future condominium
corporation, or made available to the grid to serve other developments within 10
to 15 kilometers. Some of the benefits of such a project include:
• increased reliability of services and backup power
• reduced long term homeowner energy costs
• reduced greenhouse gas emissions
• operational improvements to the smart electricity grid
• community access to energy data
• reduced long term condominium fees from net metering of solar and
lease payments from Veridian
The proposed community micro-grid site (energy storage batteries and a future
gas generation facility) located west of Block 3 (block townhouses) is within the
valley corridor and is 6.0 metres from the long term stable top of slope. These
lands will be in the ownership of the future condominium corporation and are
recommended to be zoned within an Open Space zone category restricting the
use of lands to community micro-grid battery storage and energy generation.
Access to the community micro-grid will be by way of a 3.0 metre wide
condominium driveway located within the 6.0 metre natural area buffer.
Report PLN 13-17 June 12, 2017
Subject: 2399478 Ontario. Inc. (OPA 15-002/P & A 12/15) Page 9
3.6 Technical matters will be addressed through site plan approval
The development will be subject to site plan approval. Technical matters to be
further addressed include, but are not limited to:
• construction management/erosion and sediment control
• stormwater management
• noise mitigation measures including noise warning clauses
• on-site grading
• a geotechnical brief addressing site grading and future maintenance of the
access road along the south property boundary
• site servicing
• landscaping
• submission of a RSC and clearance letter from the MOECC
• street tree planting along the internal private road and along Altona Road
• tree compensation
• payment of cash-in-lieu of parkland dedication
• architectural review
3.7 Staff support the proposed Official Plan Amendment and recommend that a
zoning by-law be finalized and forwarded to Council for enactment
Based on the revised concept plan, staff supports the site specific Official Plan
Amendment to re-designate the subject lands from "Urban Residential Areas —
Low Density Areas" to "Urban Residential Areas — Medium Density Areas", and
recommends that the By-law to adopt Amendment 30 be forwarded to Council for
enactment (see Appendix I).
Also based on the revised concept plan, staff supports the request to rezone the
subject lands to appropriate residential, open space and open space hazard
lands zone categories to permit the proposed residential development. Staff
recommends that the site specific implementing by-law, as set out in Appendix II
of this Report, be approved and forwarded to Council for enactment.
3.8 Applicant's Comments
The applicant has been advised of the recommendations of this report.
Report PLN 13-17 June 12, 2017
Subject: 2399478 Ontario Inc. (OPA 15-002/P & A 12/15) Page 10
Appendices
Appendix I Draft By-law to Adopt Amendment 30 to the Pickering Official Plan
Appendix II Draft Implementing Zoning By-law
Attachments
1. Location Map
2. Air Photo Map
3. Original Concept Plan
4. Revised Concept Plan
5. Submitted Preliminary Building Elevations (Block 1 — Altona Road)
Prepared By: Approved/Endorsed By:
i I
Deborah Wylie, MCIP, RPP Catherine Rose, MCIP, RPP
Principal Planner— Development Review Chief Planner
'76
1,
Nilesh Surti, MCIP, RPP Kyle Bentley, P.Eng.
Manager, Development Review Director, City Development & CBO
& Urban Design
DW:Ic
Recommended for the consideration
of Pickering Cit Council •
/' //
Tony Prevedel, P.Eng.
Chief Administrative Officer
Appendix Ito
Report PLN 13-17
Draft By-law to Adopt Amendment 30 to the Pickering Official Plan
for Official Plan Amendment Application OPA 15-002/P
The Corporation of the Cit., a,, 'ickering
By-la VW' a%/- 7
Being a By-law to adopt Amendment 30 to the
Official Plan for the City of Pickering (OPA 15-002/P)
Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and
21(1), the Council of The Corporation of the City of Pickering may, by by-law, adopt
amendments to the Official Plan for the City of Pickering;
And whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal
Affairs and Housing has by order authorized Regional Council to pass a by-law to
exempt proposed area municipal official plan amendments from its approval;
And whereas on February 23, 2000.Regional Council passed By-law 11/2000 which
allows the Region to exempt proposed area municipal official plan amendments from its
approval;
And whereas the Region has advised that Amendment 30 to the City of Pickering
Official Plan is exempt from Regional approval;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That Amendment 30 to the Official Plan for the City of Pickering, attached hereto as
Exhibit "A", is hereby adopted;
2. That the City Clerk is hereby authorized and directed to forward to the
Regional Municipality of Durham the documentation required by Procedure: Area
Municipal Official Plans and Amendments.
3. This By-law shall come into force and take effect on the day of the final passing
hereof.
By-law passed this 12th day of June, 2017.
DRAFT ..
• David Ryan, Mayor
Fla •
DebbieDebbie PeR,Ay Clerk
Exhibit "A" to By-law 7569/17
Recommended Amendment 30
to the City of Pickering Official Plan
Amendment 30 to the Pickering Official Plan
Purpose: The purpose of this amendment is to re-designate the lands located
on the west side of Altona Road, north of the Hydro Corridor and
south of Finch Avenue from "Urban Residential Areas — Low
Density Areas"to "Urban Residential Areas— Medium Density Areas"
to facilitate a residential condominium development.
Location: The site specific amendment affects the lands located on the
west side of Altona Road, north of the Hydro Corridor and south of
Finch Avenue described as Plan 388, Part of Lots 2 and 3,
City of Pickering.
Basis: Through the review of Official Plan Amendment Application 15-002/P,
and Zoning By-law Amendment Application A 12/15, City Council
determined that the Amendment facilitates a development that is
compatible with the surrounding community, and is an appropriate
intensification project in Pickering's urban area. The Amendment is
consistent with the policies of the Provincial Policy Statement 2014,
and conforms to the Growth Plan for the Greater Golden Horseshoe
and the Durham Regional Official Plan.
Actual The City of Pickering Official Plan is hereby amended by:
Amendment:
1. Amending Schedule I — Land Use Structure by replacing the
"Urban Residential Areas — Low Density Areas"
designation with "Urban Residential Areas — Medium
Density Areas" designation for lands located on the west
side of Altona Road, north of the Hydro Corridor and south of
Finch Avenue, as illustrated on Schedule 'A' attached to this
amendment.
Implementation: The provisions set forth in the City of Pickering Official Plan, as
amended, regarding the implementation of the Plan shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the City of Pickering Official Plan, as
amended, regarding the interpretation of the Plan shall apply in
regard to this Amendment.
OPA 15-002/P
A 12/15
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, Appendix II to
Report PLN 13-17
Recommended Draft Zoning By-law
For Zoning By-law Amendment Application A 12/15
The Corporation of the City of Pickering
By-I 0. 4u$017
Being a By-law to amend Re acted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering,
Region of Durham, Plan 388, Part of Lots 2 and 3, City of Pickering
(OPA 15-002/P and A 12/15)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Plan 388, Part of Lots 2 and 3, in the City of Pickering
to permit the development of a condominium consisting of block townhouse and back-
to-back townhouse units accessed from a private road;
And whereas an amendment to By-law 3036, as amended, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I, II and Ill
Schedules I, II and III 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, Plan 388, Part of
Lots 2 and 3 in the City of Pickering, designated "MD-H16", "OS-1", and "OS-HL-6"
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 equipment.
(2) "Amenity Area" means a communal outdoor area located anywhere on a
lot, or the roof of a parking structure, private garage or any other building
which includes landscape area and is designed to accommodate play
Bt,,- 0/17
s
Page 2
equipment, but which may also include areas of decking, decorative
paving or other similar surface.
(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
ten square metres and consisting of any combination of walls, roof and
floor but shall not include a mobile home.
(7) "Building 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.
(8) (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, Back-to-Back Townhouse" means a building containing a
minimum of four units that is divided vertically and where each unit is
divided by common walls, including a common rear wall without a
rear yard setback, and whereby each unit has an independent
entrance to the unit from the outside accessed through the front yard
or exterior side yard.
(c) "Dwelling, Block Townhouse" means a residential use building
containing three or more attached principal dwelling units divided
vertically, and where all dwelling units are accessed from a
public road, private street, laneway or condominium aisle.
(d) "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;
By-la A 7 flu
Page 3
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.
(9) "Grade" or "Established Grade" means the average elevation of the
• finished level of the ground adjoining all exterior walls of a building.
(10) "Lands, Subject" means the lands subject of this by-law.
(11) "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.
(12) "Parapet Wall" means the portion of an exterior wall extending above the roof.
(13) "Parking Lot" means a lot or portion thereof provided for the parking of
motor vehicles accessory or incidental to the main use.
(14) "Porch" means a roofed deck or portico structure attached to the exterior
wall of a building. A basement may be located under the porch.
(15) "Premises" means the whole or part of lands, buildings or structures, or
any combination of these.
(16) "Primary Entrance Door" means the principal entrance by which the
resident enters or exits a dwelling unit.
(17) "Private garage" means an enclosed or partially enclosed structure for the
storage of one or more vehicles, in which structure no business or service
is conducted for profit or otherwise.
(18) (a) "Street" means a right-of-way or roadway that is used by vehicles
and includes a public highway and a private street within a
condominium.
(b) "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 private right-of-way over private property, that affords
access to lots abutting a private street; but is not maintained
by a public body and is not a lane.
By-lad 7• Page 4
(19) "Structure" means anything that is erected, built or constructed of parts
ground,together with a fixed location on the g , or attached to
something having a fixed location in or on the ground and shall include
buildings, walls or any sign, but does notinclude fences below six feet in
height or inground nd swimmin9p
pools. •
(20) "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. .
5. Provisions
(1) Uses Permitted ("MD-H16" Zone)
(a) No person shall within the lands zoned "MD-H16" on Schedule Ito
this By-law, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) Dwelling, Block Townhouse
(ii) Dwelling, Back-to-Back Townhouse
(2) Zone Requirements ("MD-H16" Zone)
No person shall within the lands zoned "MD-H16" on Scheduled 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 sixty percent of the length of the
build-to-zone along the Altona Road frontage as illustrated on
Schedule II attached hereto, contains a building or part of a
building;
(b) Minimum and Maximum Number of Dwelling Units:
(i) Minimum Number of Dwelling Units 17
(ii) Maximum Number of Dwelling Units 46
(c) Building Height (maximum): 11.0 metres
By-I..0 % fi.0/1
Page 5
(d) Parking Requirements (minimum):
(i) 2.0 parking spaces per dwelling unit plus 0.25 of a parking
. space per dwelling unit for visitors
(e) Driveway Width (maximum):
(i) Block Townhouse Dwelling and 3.7 metres
Back-to-Back Townhouse
Dwelling:
(ii) Despite 5.2(e)(i) above, Maximum Driveway Width shall not
apply for the lands in the hatched area A as shown on
Schedule III to this By-law.
(f) Garage Requirements:
(i) Block Townhouse Dwelling and Minimum 1 private garage
Back-to-Back Townhouse per dwelling unit attached
Dwelling: 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) Despite 5.2(f)(i) above, a minimum 1 private garage per
dwelling unit attached to the main building for the lands in the
hatched area A as shown on Schedule III to this By-law.
(g) Interior Garage Size (minimum):
(i) Block Townhouse Dwelling and A private garage shall have.
Back-to-Back Townhouse a minimum width of 2.9
Dwelling: 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.
:, f5/40/17
:, Page 6
(ii) Despite 5.2(g)(i) above, a private garage shall have a
minimum width of 5.2 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 for the lands in the
hatched area A as shown on Schedule Ill to this By-law.
(3) Special Provisions ("MD-H16" Zone)
(a) Despite Section 5.(2)(a)(i) of this By-law, projections including
balconies, uncovered and covered porches, decks, 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, provided that no such feature
projects a maximum of 1.8 metres from the main wall of the building
and is wholly within the "MD-H16" zone as identified on Schedule Ito
this By-law.
(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 or the Toronto and Region Conversation Authority.
(d) Amenity Area — a minimum 140 square metres as generally identified
as the hatched area B on Schedule Ill attached hereto on lands
zoned "MD-H16" and "OS-HL-6" as identified on Schedule I attached
hereto.
(e) Despite the provisions of Section 5.6 of By-law 3036, as amended,
the requirement for the frontage on a public street shall be satisfied
by establishing frontage on a private street.
(f) Despite the provisions of Sections 5.22 and 6.5(iv) of By-law 3036,
as amended, shall not apply to the lands zoned "MD-H16" on
Schedule I attached hereto.
(g) Despite provision 5.(1)(a) and 5.(2) of this By-law, a water meter
building required by the Region of Durham for the purpose of
measuring the quantity of water delivered shall be exempt from the
"MU-H16" zone use provisions and zone requirements.
By VO 7 Page 7
6. Provisions
(1) Uses Permitted ("OS-1" Zone) ,
( (a) No person shall within the lands zoned "OS-1" on Schedule Ito this
By-law, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(i) Community micro-grid battery storage
(ii) Community micro-grid energy generation
(b) Zone Requirements (OS-1 Zone)
(i) No buildings or structures shall be permitted to be erected,
nor shall the placing or removal of fill be permitted, except
where buildings or structures are used only for purposes of
community micro-grid battery storage and community
micro-grid energy generation.
7. Provisions
(1) Uses Permitted ("OS-HL-6" Zone)
(a) No person shall within the lands zoned "OS-HL-6" on Schedule I to
this By-law, use any lot or erect any buildings or structures for any
purpose except the following:
(i) Preservation and conservation of the natural environment,
soil and wildlife
(ii) Resource management, including pedestrian and/or bicycle
trails
(iii) Amenity Area — a minimum 140 square metres as generally
identified as the hatched area B on Schedule III attached
hereto on lands zoned "MD-H16" and "OS-HL-6" as identified
on Schedule I attached hereto
(iv) Access driveway as generally illustrated on Schedule Ill
attached hereto
Byv. 'lam '' 0/17 Page 8
(b) Zone Requirements (OS-HL-6 Zone)
(i) No buildings or structures shall be permitted to be erected,
nor shall the placing or removal of fill be permitted, except
where buildings or structures are used only for purposes of
flood and erosion control, resource management, or
pedestrian and/or bicycle trails.
8. Model Homes
(1) A maximum of 1 block, together with not fewer than 2 parking spaces per
Model Home, may be constructed on the lands zoned "MD-H16"
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.
9. By-law 3036
By-law 3036, 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, II and Ill to this By-law. Definitions and subject matters
not specifically dealt with in this By-law shall be governed by relevant provisions
of By-law 3036, as amended.
10. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 12th day of June, 2017.
DRAFT
David Ryan, Mayor
DRAFT
Debbie Shields, City Clerk
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