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PLN 17-21
Report to Planning & Development Committee Report Number: PLN 17-21 Date: April 6, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP-2019-03 Draft Plan of Condominium Application CP-2019-04 Zoning By-law Amendment Application A 13/19 10046043 Canada Inc. & C. Wang Lots 14, 29 and 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492 (1950 and 1952 Fairport Road) Recommendation: 1.That Zoning By-law Amendment Application A 13/19, submitted by 10046043 Canada Inc. and C. Wang, to facilitate a residential common element condominium development consisting of 27 detached dwellings and 3 lots for detached dwellings fronting Fairport Road, on lands located on the west side of Fairport Road, south of Taplin Drive, be approved and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 17-21 be finalized and forwarded to Council; and 2.That Draft Plan of Subdivision Application SP-2019-03, submitted by 10046043 Canada Inc. and C. Wang, to establish 3 lots for detached dwellings fronting Fairport Road, a single development block to permit a residential common element condominium, an open space block, a road widening, and 2 blocks for future development, as shown on Attachment #4 to Report PLN 17-21, and the implementing conditions of approval, as set out in Appendix II, be endorsed. Executive Summary: 10046043 Canada Inc. and C. Wang have submitted applications for Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium to facilitate a residential infill development located on the west side of Fairport Road, south of Taplin Drive (see Location Map and Air Photo Map, Attachments #1 and #2). The infill development consists of 3 freehold lots for detached dwellings, and a common element condominium development consisting of 27 detached dwellings (see Submitted Conceptual Plan, Attachment #3; Submitted Draft Plan of Subdivision, Attachment #4; and Submitted Draft Plan of Condominium, Attachment #5). Following the Statutory Public Meeting on January 13, 2020, the applicants have revised the conceptual site plan to address concerns raised by the City and the area residents including revising the development standards for the 3 lots along Fairport Road based on the recommendations of the Infill and Replacement Housing Study; increasing the number of visitor parking spaces from 7 to 12 parking spaces; identifying the snow storage areas; increasing the private road width to 6.5 metres to accommodate two-way traffic; correcting the location of Dunbarton Creek; and ensuring all drainage that flows to this site is accommodated. Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 2 The proposal represents a logical and orderly development that is in keeping with the built form within the immediate area and is compatible with the established housing forms within this neighbourhood. The proposal is consistent with Provincial Plans and conforms to the Durham Regional Official Plan. Furthermore, the development is consistent with the City’s Official Plan and the Dunbarton Neighbourhood policies and also addresses the applicable urban design requirements as outlined in the Dunbarton Neighbourhood Development Guidelines. Accordingly, staff recommends that Council approve Zoning By-law Amendment Application A 13/19, and Draft Plan of Subdivision Application SP-2019-03 and the related conditions of approval. 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 lands comprise 2 properties located on the west side of Fairport Road, south of Taplin Drive, having a combined area of approximately 2.42 hectares with approximately 40 metres of frontage along Fairport Road and 3.0 metres of frontage along Taplin Drive (see Location Map, Attachment #1). The subject lands currently contain 2 detached dwellings that are proposed to be demolished. The westerly portion of the subject lands are environmentally sensitive lands forming part of the Dunbarton Creek valley lands. Surrounding land uses include (see Air Photo Map, Attachment #2): North: Immediately to the north are existing detached dwellings fronting onto Taplin Drive. East and South: Immediately to the east and south are detached dwellings fronting onto Fairport Road. West: To the west is the Dunbarton Creek and associated valley lands and significant woodlands. Further west are detached dwellings fronting onto the east side of Spruce Hill Road. 1.2 Applicant’s Proposal The applicants have submitted applications for Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium to facilitate a common element condominium consisting of 27 detached dwellings and 3 freehold lots for detached dwelling (see Submitted Conceptual Plan, Attachment #3). Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 3 The table below summarizes the various blocks/lots to be created through the draft plan of subdivision and their proposed uses (see Submitted Draft Plan of Subdivision, Attachment #4): Lot/Block Number Land Area Proposed Use Lots 1, 2 and 3 0.14 hectares 3 freehold lots for detached dwellings fronting Fairport Road Block 4 1.52 hectares Common element condominium development block Block 5 0.73 hectares Dunbarton Creek and associated valley lands and buffer to be conveyed to the City of Pickering and rezoned to an appropriate open space zone category. Block 6 and 7 0.03 hectares Blocks of land to be conveyed to the neighbouring properties or remain vacant, under the same ownership. Block 8 0.003 hectares Road widening Total 2.423 hectares The 3 freehold lots for detached dwellings fronting Fairport Road (Lots 1 to 3) will each have a minimum lot area of 430 square metres and a minimum lot frontage of 13.5 metres. A common element condominium development consisting of 27 detached dwellings fronting an internal private road proposed within Block 4. The common element features include: the community mailbox; the private outdoor amenity space; the water meter room; visitor parking areas; the private road; and, the internal pedestrian walkway (see Submitted Draft Plan of Condominium, Attachment #5). The parcels of tied lands (POTLs) will have a minimum lot area of 350 square metres and a minimum lot frontage of 12.0 metres. All of the detached dwellings are proposed to be 9.0 metres (2-storeys) in height. Vehicular access to the internal private road will be provided through a full-movement access from the west side of Fairport Road. A 1.5 metre wide pedestrian walkway is proposed along one side of the private road. Residential parking is provided at a ratio of 2 parking spaces per dwelling unit. Visitor parking for the common element condominium development is provided at a rate of 0.25 parking spaces per unit. Through collaboration between City staff and the applicants, the following changes have been made to the proposal: • increased the number of visitor parking spaces from 7 spaces to 12 spaces; • increased the width of the private road from 6.0 metres to 6.5 metres to ensure conformity with City standards; • updated all studies and drawing to illustrate the corrected location of Dunbarton Creek; • revised the Functional Servicing Report to include the drainage pipe located at 1966 Fairport Road that travels across 1952 Fairport Road to 1954 Fairport Road to ensure existing drainage patterns are accommodated; Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 4 •revised the zoning performance standards for the 3 lots along Fairport Road to be consistent with the recommendations of the Infill and Replacement Housing Study (reduced lot coverage, increased front yard setback, and increased side yard setbacks); and •identif ied the snow storage areas. Except for the 3 lots fronting Fairport Road, the development will be subject to site plan approval. 2.Comments Received 2.1 Public Open House, Statutory Public Meeting and Written Comments On November 21, 2019, a Public Open House meeting was hosted by the City Development Department to inform area residents about the development proposal. Approximately 55 people attended the public open house. Subsequently, the Statutory Public Meeting was held on January 13, 2020, where 10 people attended the Public Meeting. In addition, the City has received 16 written comments. The following is a list of key comments and concerns expressed by the area residents at the meetings, and in written submissions: •concerned that the proposal will result in a negative impact on the existing natural features, species, and current water drainage patterns; •commented that several trees were previously removed and the proposal will remove additional trees; •concerned that the development will further increase traffic congestion along Fairport Road; •commented that there is an insufficient number of visitor parking spaces provided for the common element condominium development; •commented that the subject lands have contaminated soil and requested clarification that these lands will be remediated before the proposed development proceeding; and •requested clarification regarding the accurate location of the creek and associated buffers. Detailed responses to the various comments and concerns received are listed above are included in Attachment #6 to this report. 2.2 City Departments & Agency Comments 2.2.1 Region of Durham •no objection to the proposed development as it is consistent with the Provincial Policy Statement conforms with the Growth Plan and conforms with the Regional Official Plan; and •the Region’s conditions of draft approval must be complied with prior to clearance by the Region for registration, including mandatory air conditioning and noise warning clauses, and filing a Record of Site Condition with the Ministry of the Environment, Conservation and Parks. Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 5 2.2.2 Engineering Services Department • no objections to the proposed applications for Draft Plan of Subdivision, Draft Plan of Condominium and Zoning By-law Amendment; and • the owner shall satisfy all requirements, financial and otherwise of the City of Pickering including, among other matters, the execution of a subdivision agreement and a site plan agreement between the owner and the City concerning the provision and installation of services, grading drainage, utilities, tree compensation, construction management, cash-in-lieu of parkland, noise attenuation, landscaping and any other matters. 2.2.3 Toronto and Region Conservation Authority • staff are satisfied with the development limits and therefore have no objection to the approval of the application for Zoning By-law Amendment; • no objections to the proposed applications for Draft Plan of Subdivision and Draft Plan of Condominium subject to TRCA’s recommended conditions of approval; • TRCA staff have reviewed the proposed buffers from Dunbarton Creek and the associated hazardous lands and will require planting of native species within the proposed buffer; and • technical matters related to grading, drainage, servicing, erosion and sediment control, and buffer planting will be addressed through the site plan approval process. 2.2.4 Durham District School Board • no objections to the proposal; and • students generated from this development will attend existing neighbourhood schools. 2.2.5 Durham Catholic District School Board • no objections to the proposal; and • students generated from this development will attend Father Fenelon Catholic Elementary School and St. Mary Catholic Secondary School. 3. Planning Analysis 3.1 The proposal is consistent with the Provincial Policy Statement and Growth Plan The Provincial Policy Statement 2020 (PPS) provides provincial policy direction on land use planning. The PPS provides for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment. The PPS supports improved land use planning and management, which contributes to a more effective and efficient land-use planning system. The PPS indicates that healthy, livable and safe communities are to be sustained by, among other matters, promoting efficient development and land use patterns and accommodating an appropriate range and mix of residential. The PPS also supports the maintenance, restoration or where possible, improved linkages between natural heritage Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 6 features and hydrological features. The proposed development promotes modest residential intensification and provides appropriate density where existing infrastructure and public service facilities are available while protecting and restoring Dunbarton Creek and the associated valleylands. The proposed development is consistent with the PPS policies that encourage the efficient use of land, infrastructure and planned public service facilities while protecting the Natural Heritage System. The proposed development is consistent with the PPS. A Place to Grow: The Growth Plan for the Greater Golden Horseshoe, 2020 sets out a planning vision for growth throughout the Greater Golden Horseshoe. The subject lands are located within the “built-up area" of the City of Pickering. The proposed development provides for a compact form of development that conforms to the Plan. 3.2 The proposed development falls within the permitted density within the Official Plan The subject lands are located within the Dunbarton Neighbourhood and are designated as “Urban Residential Areas – Low Density Areas” and “Open Space System – Natural Areas” in the Pickering Official Plan. “Low Density Areas” primarily provide for residential or related uses at a maximum net residential density of up to and including 30 units per net hectare. The proposal will result in a net residential density of approximately 18 units per net hectare, which falls within the permitted density range. 3.3 The proposed lotting fabric and recommended zone standards will ensure the proposed dwellings will be in keeping with the established neighbourhood and the Dunbarton Neighbourhood Guidelines The Official Plan states that in establishing performance standards, regard shall be had to protecting and enhancing the character of established neighbourhoods by considering matters such as building height, yard setbacks, lot coverage, access to sunlight, parking provisions and traffic implications. The Official Plan also states that where new development is proposed within an existing neighbourhood or established area, City Council shall encourage building design that reinforces and complements existing built patterns such as form, massing, height proportion, position relative to the street, and building area to site ratio. The policies for the Dunbarton Neighbourhood also state that in the established residential area between Spruce Hill Road and Appleview Road, including Fairport Road and Dunbarton Road, development should be encouraged and where possible, required to be compatible with the character of the existing neighbourhood. In addition to the Official Plan policies and the Dunbarton Neighbourhood policies, there are development guidelines to ensure redevelopment is consistent with the existing neighbourhood (the Dunbarton Neighbourhood Guidelines). The Guidelines state that lots along Fairport Road, north of Dunbarton Creek, can only be developed for detached dwellings with minimum lot frontages of 13.5 metres. For development proposed on new internal roads, the guidelines state that only detached dwellings are permitted on lots with a minimum frontage of 12.0 metres and with consistent building setbacks with recent subdivision standards (front yard minimums of 4.5 metres and side yard minimums of 0.6/1.2 metres). The Guidelines also encourage new roads to connect with existing streets to minimize dead ends. Other Guidelines that apply to new detached dwellings within the Dunbarton Neighbourhood include: Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 7 • establish maximum dwelling height of 9.0 metres; • minimize garage projections from the front wall of dwellings to ensure high-quality residential streetscapes; • permit detached garages in the side or rear yards where appropriate; • provide sidewalks on at least one side of each street; • discourage reverse frontage lots, except where necessary due to grading constraints or for other technical reasons; and • encourage preservation and planting of trees. The proposed zoning standards have been reviewed against the existing zoning provisions and the Dunbarton Neighbourhood Development Guidelines to ensure the massing, height and scale of the proposed built form complements the existing built form of the neighbourhood. Attachment #7 to this report includes a table comparing the proposed and existing zoning standards. The proposed lot frontages and recommended zoning standards for the 3 lots along Fairport Road are consistent with the Dunbarton Development Guidelines and will result in detached dwellings that maintain a consistent streetscape along Fairport Road. The common element condominium portion of the development consisting of 27 lots for detached dwellings is consistent with the development guidelines for the Dunbarton Neighbourhood. The proposed lots meet the minimum lot frontage requirement of 12.0 metres and the recommended zoning standards are consistent with other recent residential development within the neighbourhood, including a minimum front yard setback of 4.5 metres and minimum side yards of 0.6 and 1.2 metres. Since the 27 lots front onto an internal private road and have no frontage along Fairport Road, the proposed development will not impact the established streetscape or pattern of development along Fairport Road. Staff are of the planning opinion that the proposed common element condominium will complement the existing development within the Dunbarton Neighbourhood. Through the site plan approval process, staff will continue to work with the applicant to further review the detailed urban design and architectural matters in accordance with the Dunbarton Neighbourhood Development Guidelines including: detailed building location and siting; internal pedestrian circulation and connections; architectural design and materials; and the location of community mailboxes, water meter room, hydro transformers, gas meters and other utilities. 3.4 The proposal is consistent with the recommendations of the Infill and Replacement Housing Study On September 28, 2020, Council endorsed the recommendations of the Infill and Replacement Housing in Established Neighbourhoods Study (the Infill Study). The Infill Study recommendations provided direction on the future evolution of the City’s identified established neighbourhood precincts (Neighbourhood Precincts) so that neighbourhood precinct character is properly considered through the development and building approval processes for infill and replacement housing. Also at that meeting, Council adopted Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts to support and enhance neighbourhood precinct characteristics and to assist staff, developers and the public to evaluate and prepare development or redevelopment applications. Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 8 Since Council’s endorsement, staff has initiated an Official Plan Amendment and Zoning By-law Amendment to implement the recommendations of the Infill Study. A Statutory Public Meeting was held on January 4, 2021. The Information Report included a draft amendment to the Pickering Official Plan and draft Zoning By-law Amendments (the “draft Infill By-law”). One of the proposed policies states that when considering an application for development of Infill or Replacement Dwellings within an Established Neighbourhood Precinct, Council shall require the development to fit in, complement and be compatible with the character of the Established Neighbourhood Precinct. The Urban Design Guidelines are intended to assist in reinforcing the sense of character of the proposed Established Neighbourhood Precinct by addressing compatibility of new homes with adjacent, existing houses, as well as the streetscape. The Urban Design Guidelines specifically relate to the elements of built form, streetscape and neighbourhood composition. Through the site plan approval process, staff will review the proposed residential common element development against these guidelines. The subject lands are located within a proposed Established Neighbourhood Precinct within the Dunbarton Neighbourhood. Staff have reviewed the proposed zoning standards for the 3 lots along Fairport Road against the draft Infill by-law given that these lots have the greatest impact on the streetscape. As a result of this review, the applicant has agreed to reduce the maximum lot coverage from 38 percent to 33 percent, increased the minimum front yard depth from 4.5 metres to 7.5 metres, and increased the minimum flankage yard width from 3.4 metres to 4.5 metres. The recommended zoning performance standards for the 3 lots along Fairport Road are generally consistent with the draft Infill Zoning By-law and current zoning standards within the neighbourhood (see Existing and Proposed Zoning Standards Table, Attachment #7 and Zoning Map, Attachment #8). Staff are satisfied that the recommended zoning standards will result in a built form that fits in with the established streetscape character along Fairport Road. 3.5 The proposed development will not negatively impact the lands part of the Natural Heritage System The western portion of the subject lands are part of the Natural Heritage System containing Dunbarton Creek, associated hazardous lands, and Significant Woodlands, which are designated “Open Space System – Natural Areas” within Pickering’s Official Plan. The Official Plan requires proposed development or site alteration within these features or within 120 metres of these features to complete an Environmental Impact Study (EIS). The applicants have submitted an EIS, prepared by Beacon Environmental, dated April 2019. The Study assessed the extent of natural features (watercourse and valleylands) that are located on the south-western portion of the subject property, and the potential impacts to these features from the proposed development. Pickering’s Official Plan requires a 30 metre minimum vegetation protection zone (VPZ) from the stable top of bank and from the limits of the hazard lands. Beacon Environmental and TRCA have staked the limits of the natural feature and the required minimum VPZ, and have identified that a minimum 30 metre VPZ is required from the Creek, and a minimum Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 9 10 metre VPZ is required from the limits of the hazard lands (which includes the top of bank, dripline, long-term stable top of slope, and floodline). The applicants propose to encroach within the dripline buffer (106 square metres) and watercourse buffer (42 square metres). The EIS provides recommended mitigation measures to ensure the proposal has no negative impacts on the natural features, which includes a 200 square metre buffer enhancement, natural feature protection (installing a fence to restrict access), edge management planting in the buffer to the natural features, and erosion and sediment controls during construction. TRCA has reviewed the EIS and agrees with the mitigation measures recommended. As a part of the detailed design stage, the proposed mitigation measures will be implemented. 3.6 Remediation of contaminated soil before conveying lands to the City Pickering’s Official Plan requires applicants to undertake investigative and restorative actions where contaminated lands are suspected. The applicants submitted a Phase One Environmental Site Assessment (ESA), prepared by Terrapex, dated July 19, 2019, which identified an area of potential concern that warranted further investigation. A Phase Two ESA was conducted to test the soil and groundwater, which concluded that remediation of both fill and native soils on the western portion of the site would be required. The Region has required the applicants to submit a Record of Site Condition indicating the lands have been remediated of any contamination before final approval of the draft plan of subdivision. Also, the City will require the applicants to remediate the lands to be conveyed to the City (Dunbarton Creek and associated valleylands) before the registration of the draft plan of subdivision. 3.7 Applicant to provide tree planting to replace trees historically removed without a permit within the City’s tree protection area In 2015, the previous landowner of 1952 Fairport Road removed a significant number of trees from the property, 20 of which were within the City of Pickering’s Tree Protection Area (By-law 6108/03). An order was issued requiring the previous landowner to rehabilitate the lands and to replant 100 trees within the TRCA screening area or in an area approved under a development agreement between the landowner and the City of Pickering. The order to comply was issued to the previous landowner and does not apply to the current owner. However, the new landowner has indicated that they will replant the 100 trees within the required buffer area. Therefore, as a condition of draft plan approval, the City will require 100 trees to be planted within the western portion of the site. 3.8 Traffic generated by this development will have minimum impact on Fairport Road In support of the proposal, a Traffic Assessment Study, prepared by Candevcon Limited, dated May 6, 2019, was submitted, which evaluated the traffic impacts generated by the proposed residential development on the existing road network and analyzed the location of the proposed vehicular access for the private condominium development from Fairport Road. Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 10 The proposed 27 unit residential condominium development will access Fairport Road from an un-signalized intersection and is expected to generate 7 trips inbound and 22 trips outbound (29 vehicular trips) during the AM peak hour (7:30 am to 8:30 am) and 20 trips inbound and 12 trips outbound (32 vehicular trips) during the PM peak hour (4:30 pm to 5:30 pm). The generated traffic is anticipated to have minimal impacts on the Fairport Road and Glenanna Road intersection and will operate at an excellent service level for two-way stop control intersections. The proposed vehicular access to the private condominium development will operate as an un-signalized intersection with a stop sign. The consultant has indicated that the location of the proposed access is optimal as it is the furthest away from the Fairport Road and Glenanna Road intersection so that it will not interfere with the traffic operation of that existing intersection. The City’s Engineering Department has reviewed the study and agrees with the conclusions of the consultants that no further improvements to the existing road network are required to accommodate this development. 3.9 Sufficient number of parking spaces are proposed to support the development Several residents expressed concerns that the proposed number of visitor parking spaces is inadequate for this development. The City’s standard parking for the detached dwelling is 2 spaces per unit (typically 1 parking space within a private garage, and 1 parking space on the driveway). For condominium development, located outside of the City Centre, the City’s visitor parking standard is 0.25 visitor parking spaces per detached dwelling. The applicant is proposing double car garages to accommodate 2 parking spaces within the private garages, and 2 parking spaces on the driveway. The applicants have also increased the number of visitor parking spaces from 7 spaces to 12 spaces, which results in a visitor parking ratio of 0.44 visitor parking spaces per detached dwelling. Staff are satisfied that the proposed parking ratio is well above the City's requirements and sufficient to accommodate the parking requirements of this development without impact available on-street parking on nearby streets. 3.10 Technical matters will be addressed as conditions of subdivision approval and through site plan approval 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: • drainage and grading; • site servicing; • noise attenuation; • cash-in-lieu of parkland; • tree planting within the Dunbarton Creek and associated valley land buffer; • tree compensation; • requirements for Construction Management Plan; • landscaping; • resident, visitor and accessible parking spaces; • emergency vehicle access; • waste management collection; • location of community mailboxes; and • location of water meter room, hydro transformers, gas meters and other utilities. Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 11 3.11 Draft Approval of the Draft Plan of Condominium is delegated to the Director, City Development Applications for standard and common element condominiums are delegated to the Director, City Development & CBO for final approval. No further approvals are required at this time. 3.12 Conclusion The applicant’s proposal is consistent with the City’s Official Plan and the Dunbarton Neighbourhood policies and also addresses the applicable urban design requirements as outlined in the Dunbarton Neighbourhood Development Guidelines. The applicant has worked with City staff and external agencies to address various environmental, traffic, lotting, and zoning performance requirements. The applicant is requesting to rezone the subject lands to appropriate zone categories with site-specific performance standards to facilitate the proposal. To ensure an appropriate site design, the zoning by-law will have site-specific provisions including, but not limited to, maximum building height, minimum lot frontage and area, minimum building setbacks, minimum interior garage size, and minimum number of resident and visitor parking spaces. Staff supports the rezoning application and recommends that a site-specific implementing by-law, attached as Appendix I to this Report be finalized and brought before Council for enactment. Also, it is recommended that the Conditions of Approval for Draft Plan of Subdivision attached as Appendix II to this report be endorsed by Council. 3.13 Applicant’s Comments The applicant has been advised of and concurs with the recommendations of this report. Appendices Appendix I Draft Zoning By-law for Zoning By-law Amendment Application A 13/19 Appendix II Recommended Conditions of Approval for Draft Plan of Subdivision SP-2019-03 Attachments: 1. Location Map 2. Air Photo Map 3. Submitted Conceptual Plan 4. Submitted Draft Plan of Subdivision 5. Submitted Draft Plan of Condominium 6. Responses to Resident Submissions 7. Existing and Proposed Zoning Standards Table 8. Zoning Map Report PLN 17-21 April 6, 2021 Subject: 10046043 Canada Inc. & C. Wang Page 12 Prepared By: Original Signed By Tanjot Bal, MCIP, RPP Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO TB:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 17-21 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 13/19 The Corporation of the City of Pickering By-law No.xxxx/21 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Lots 14, 29 and 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492, in the City of Pickering. (A 13/19) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Lots 14, 29 and 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492 in the City of Pickering to permit 3 freehold lots for detached dwellings and a common element condominium development consisting of 27 detached dwellings; 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. Schedule I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Lots 14, 29 and 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492, in the City of Pickering, designated “S3-17”, “R4-23” and “OS-HL” on Schedule I to this By-law. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) “Air Conditioner” means any mechanical equipment which is required for residential use and must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. (2) “Balcony” means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. Draft By-law No. XXXX/21 Page 2 Draft (3) “Basement” means a portion of a building below the first storey. (4) “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. (5) “Condominium, Common Element” means spaces and features owned in common by all stakeholders in a condominium and may include private streets, walkways and parking and amenity areas. (6) “Deck” means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (7) “Grade” or “Established Grade” means, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building and when used with reference to a structure shall mean the average elevation of the finished surface of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment. (8) “Parapet Wall” means the portion of an exterior wall extending above the roof. (9) “Porch” means a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (10) "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; (11) “Street, Private” means: (a) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; (b) a private road condominium, which provides access to individual freehold lots; (c) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; (d) a private right-of-way over private property, that affords access to lots abutting the private street, but is not maintained by a public body and is not a lane. (12) “Wall, Front” means a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. By-law No. XXXX/21 Page 3 Draft (13) “Water Meter Building” means a building or structure that contains devices supplied by the Region of Durham which measures the quantity of water delivered to a property. (14) (a) "Front Yard Depth" means the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (b) "Rear Yard Depth" means the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (c) "Side Yard Width" means the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Flankage Side Yard Width" means the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot. 5. Provisions (1) (a) Uses Permitted (“S3-17” and “R4-23” Zone) No person shall within the lands designated “S3-17” and “R4-23” on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following (i) Detached dwelling (b) Zone Requirements (“S3-17” and “R4-23” Zone) No person shall within the lands designated “S3-17” and “R4-23” on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: “S3-17” Zone “R4-23” Zone (i) Lot Area (minimum) 350 square metres 430 square metres (ii) Lot Frontage (minimum) 12.0 metres 13.5 metres (iii) Front Yard Depth (minimum) 4.5 metres 7.5 metres By-law No. XXXX/21 Page 4 Draft “S3-17” Zone “R4-23” Zone (iv) Side Yard Width (minimum) 1.2 metres, and 0.6 of a metre on the other side 1.5 metres (v) Flankage Side Yard Width (minimum) 3.0 metres 4.5 metres (vi) Rear Yard Depth (minimum) 7.5 metres (vii) Building Height (maximum) 9.0 metres (viii) Lot Coverage (maximum) 38 percent 33 percent (ix) Parking Requirements (minimum) A minimum of 2 residential parking spaces per dwelling unit, one of which must be provided within an attached private garage, and 0.25 visitor parking spaces per dwelling unit A minimum of 2 residential parking spaces per dwelling unit, one of which must be provided within an attached private garage (x) Driveway Width (maximum) Maximum driveway width shall not exceed the width of the exterior walls of the private garage (xi) Garage Requirements Minimum one private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6 metres from the front lot line (l) Interior Garage Size (minimum) Each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres provided; however, the width may include one interior step and the depth may include two interior steps (m) Garage Projection A maximum of 1.5 metres projection beyond the wall containing the main entrance to the dwelling unit By-law No. XXXX/21 Page 5 Draft (2) Special Provisions (“S3-17” and “R4-23” Zone) (a) Projections such as window silts, chimney breasts, fireplaces, belt courses, cornices, plasters, eaves, eave troughs and other similar architectural features may be permitted in any required yard, provided that no such feature projects into the required yard more than 0.6 of a metre or half the distance of the required yard, whichever is less; (b) Porches and associated stairs not exceeding 1.5 metres in height above established grade may encroach a maximum of 2.0 metres into the required front yard. (c) Decks and associated stairs not exceeding 1.0 metre in height above grade may encroach a maximum of 2.0 metres into the required rear yard provided they are setback 0.6 of a metre from a side lot line; (d) A bay, box or bow window, with or without foundations, having a maximum width of 4.0 metres may encroach into any required yard to a maximum of 0.6 of a metre or half the distance of the required yard, whichever is less; (e) Air conditioners are permitted on a lot provided they are located in the rear yard or side yard or on a balcony or roof. In addition, such units shall not be located any closer than 0.6 of a metre to a side lot line and shall not be located on any easement in favour of the City; (f) Despite any front yard depth, rear yard depth or flankage side yard width requirement; on a corner lot, the setback to a corner rounding at the front, rear, side or flankage of a lot shall be 2.5 metres; (g) A water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from “S3-17” and “R4-23” zone use provisions and zone requirements. 6. Provisions (1) (a) Uses Permitted (“OS-HL” Zone) No person shall within the lands designated “OS-HL” on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Preservation and conservation of the natural environmental, soil and wildlife. By-law No. XXXX/21 Page 6 Draft (b) Zone Requirements (“OS-HL” 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. 7. 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 Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 8. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2021. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk Draft Draft Fairport RoadGlenanna Road Taplin Drive S3-17 R4-23 OS-HL 17. 9 m 1 8 . 1m27.7m29.4m 33 . 2 m36.2m45.3m Clerk Mayor Schedule I to By-LawPassed ThisDay of i NXXXX/21XXrd XXXX 202188.2m56.1m71.9m73.5m 46.1m28.9m43.2m15.2m10.3m43.2m31.9m 32.1m 64.0m 67.0m97.0m 0.3m 23.1m 29.0m Appendix II to Report PLN 17-21 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2019-03 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2019-03 General Conditions 1. That the Owner shall prepare the final plan generally on the basis of the approved draft plan of subdivision, prepared by Brian Moss & Associates Ltd., identified as Drawing Number 2821595 DP-2, revised and dated May 20, 2020, which illustrates 3 lots for detached dwellings, a condominium block for 27 single-detached dwellings, an open space block, a 3.0 metre wide road widening, and two blocks for future development. Region of Durham 2. That the Owner shall name road allowances included in this draft plan to the satisfaction of the Region of Durham and the City of Pickering. 3. That the Owner shall submit plans showing the proposed phasing to the Region of Durham and the City of Pickering for review and approval if this subdivision is to be developed by more than one registration. 4. That the Owner shall grant to the Region of Durham, any easements required to provide Regional Services for this development and these easements shall be in locations and of such widths as determined by the Region. 5. That prior to final approval, the Owner is required to submit a Record of Site Condition (RSC) to the Region of Durham, the City of Pickering, and the Ministry of Environment, Conservation and Parks (MECP). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MECP. 6. That the Owner shall agree in the City of Pickering Subdivision Agreement to implement the recommendation of the report, entitled, “Environmental Noise Assessment,” prepared by YCA Engineering Ltd., dated May 2019, which specifies noise attenuation measures for the development. The measures shall be included in the Subdivision Agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/agenda) and shall include warning clauses identified in the study. 7. That the Owner shall submit the report, entitled, “Stage 1 and 2 Archaeological Assessment of 1950 and 1952 Fairport Road,” prepared by This Land Archaeology Inc., June 25, 2018 to the Ministry of Heritage, Sport, Tourism and Culture Industries. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Heritage, Sport, Tourism and Culture Industries. 8. 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 Recommended Conditions of Approval Page 2 (SP-2019-03) – 10046043 Canada Inc. & C. Wang standards and requirements of the Region of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region of Durham, and are to be completed prior to final approval of this plan. 9. That prior to entering into a Subdivision Agreement, the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed development. 10. That the Owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, the execution of a Subdivision Agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other Regional services. Subdivision Agreement 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-Plan 12. That the Owner submits a Draft 40M-Plan to the satisfaction of the City Development Department. Dedications/Transfers/Conveyances 13. That the Owner shall convey to the City, at no cost Block 5 (Open Space) and Block 8 (Road Widening). Street Names 14. That street names and signage be provided to the satisfaction of the Region of Durham and the City of Pickering. 15. That municipal addressing be assigned as per the City’s addressing By-law 7686/19. Pre-Condition Survey 16. That the Owner submits a pre-condition survey for 1952 to 1960 Fairport Road to the satisfaction of the City. The surveys must be prepared by a qualified professional and must be undertaken prior to any site works commencing. Development Charges & Development Review & Inspection Fee 17. That the Owner satisfies the City financially with respect to the Development Charges Act. 18. That the Owner satisfies the City with respect to payment for engineering review fees, residential lot grading review fee and development services inspection fees. Recommended Conditions of Approval Page 3 (SP-2019-03) – 10046043 Canada Inc. & C. Wang Architectural Control 19. That the Owner submits preliminary model designs for sale to be reviewed and approved by the City’s Urban Design Review Consultant. The Owner will be responsible for the City’s full cost of undertaking this review. Stormwater 20. That the Owner satisfies the Director, Engineering Services, respecting the stormwater drainage and management system to service all the lands in the subdivision and any provision regarding easements. 21. That the Owner satisfies the Director, Engineering Services, for contributions for stormwater maintenance fees. 22. That the Owner satisfies the Director, Engineering Services for the design and implementation of stormwater management facilities and easements for outfall and access to the outfalls. Grading 23. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a grading and drainage plan. 24. That the Owner satisfies the Director, Engineering Services, respecting the authorization from abutting land owners for all off-site grading. Geotechnical Investigation 25. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a geotechnical soils analysis. Fill & Topsoil 26. 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. No on-site works prior to the City issuing authorization to commence works is permitted. A Fill & Topsoil Permit will be required should grading works proceed prior to the execution of a Subdivision Agreement. Construction/Installation of City Works & Services 27. That the Owner satisfies the Director, Engineering Services, respecting the construction of roads with curbs, storm sewers, sidewalks and boulevard designs. 28. That the Owner satisfy the City respecting arrangements for the provision of all services required by the City. Recommended Conditions of Approval Page 4 (SP-2019-03) – 10046043 Canada Inc. & C. Wang 29. 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. 30. That the Owner agrees that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Owner. Easements 31. That the Owner conveys, to the satisfaction of the City, at no cost, any required easement for works, facilities or user rights that are required by the City. 32. 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. 33. 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 any time after draft approval. 34. That the Owner submits a Draft 40R-Plan indicating the easements required for the maintenance of Block 5 (Open Space) to the satisfaction of the City. Construction Management Plan 35. That the Owner satisfies the City respecting the submission and approval of a Construction Management/Erosion & Sediment Control Plan, with such Plan to contain, among other matters: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements for these controls; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on existing streets, or the proposed public street; (iii) insurance that the City’s Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; and (vii) details of the temporary construction access. Recommended Conditions of Approval Page 5 (SP-2019-03) – 10046043 Canada Inc. & C. Wang Fencing 36. That the Owner satisfies the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works. 37. That the Owner agrees to install a 1.8 metre high board-on-board wood privacy fence along the property lines, where there is adjacent existing residential lots fronting onto Taplin Road or Fairport Road, including along the rear lot line for Block 1, 2 and 3 and flankage of Block 1, to the satisfaction of the Director, Engineering Services. Landscaping 38. That the Owner submit tree planting plan, including the location of boulevard trees, to the satisfaction of the City. Tree Compensation 39. That the Owner agrees that prior to final approval of the draft plan, compensation for the loss of tree canopy will be required either through replacement planting or cash-in-lieu, to be paid to the City of Pickering. In accordance with Council Resolution #387/18, approved on January 15, 2018, tree removal compensation is to be calculated in accordance with the City of Pickering Tree Inventory, Preservation and Removal Compensation requirements. Where compensation through replanting is being considered, the Owner will be required to provide a Landscape Plan indicating the location, size and species of all trees, to the satisfaction of the Director, Engineering Services. 40. That the Owner agrees that prior to final approval of the draft plan, 100 trees be replanted as compensation for the 20 trees removed from within the City of Pickering’s Tree Protection Area (By-law 6108/03) within the Toronto and Region Conservation Authority’s screening area or in an area approved by the City. Engineering Plans 41. That the Owner ensures that the engineering plans are coordinated with the streetscape/architectural drawings and further that the engineering plans coordinate the location of driveways, street hardware and street trees to ensure that conflicts do not exist and that asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved. 42. That the Owner satisfies the City respecting the submission of appropriate engineering drawings that detail, among other things: City services, roads, storm sewers, sidewalks, tree planting; and financially-secure such works. 43. That the Owner ensures the engineering plans are coordinated with the architectural design objectives. Recommended Conditions of Approval Page 6 (SP-2019-03) – 10046043 Canada Inc. & C. Wang Noise Attenuation 44. That the Owner shall agree in the subdivision agreement to implement the recommended noise control measures and warning clauses of the study entitled, “Environmental Noise Assessment,” prepared by YCA Engineering Limited, as dated May 2019. Parkland Dedication 45. That the Owner satisfies the City with respect to the payment of cash-in-lieu in accordance with the parkland dedication requirements of the Planning Act. Model Homes 46. That the Owner enters into a model home agreement with the City, if applicable for this draft plan. All model homes must satisfy all architectural requirements. Toronto and Region Conservation Authority 47. Prior to the initiation of grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the owner shall submit the following to The Toronto and Region Conservation Authority and the City of Pickering for review and approval: a. A detailed Stormwater Management Report to include a detailed design for the storm drainage system for the proposed development including: i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate Low Impact Development stormwater management practice to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design and maintenance plans for any stormwater management facilities; iv. an Erosion and Sediment Control Report and Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2006), as amended; v. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended. b. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating, among others, how all vegetation in the natural heritage system will be protected from grading and construction impacts. c. Landscaping plans for Open Space Buffer Block 5. Recommended Conditions of Approval Page 7 (SP-2019-03) – 10046043 Canada Inc. & C. Wang 48. That the owner agrees in the subdivision agreement, in wording acceptable to the TRCA: a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition No. 1; b. To agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA; c. To design and implement on and off-site erosion and sediment control; d. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA; e. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA; f. To implement all water balance/infiltration measures identified in the approved SWM Report. g. To provide a letter of credit to the City of Pickering for the full cost of the landscaping identified in Condition No. 1(c). h. To install fences along the boundary of the development lots and Open Space Buffer Block 5. Canada Post 49. That the Owner agrees to include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail delivery will be from a designated Community Mailbox. 50. The Owner will be responsible for notifying the purchaser of the exact Community Mailbox locations prior to the closing of any unit sale. 51. That the Owner agrees to consult with Canada Post Corporation to determine suitable location for the placement of Community Mailbox and to indicate these locations on appropriate servicing plans. 52. The Owner will provide the following for each Community Mailbox site and include these requirements on the appropriate servicing plans: • An appropriately sized sidewalk section (concrete pad) to place the Community Mailboxes on. • Any required walkway across the boulevard. • Any required curb depressions for wheelchair access. 53. The Owner further agrees to determine and provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox Recommended Conditions of Approval Page 8 (SP-2019-03) – 10046043 Canada Inc. & C. Wang locations. This will enable Canada Post to provide mail delivery to the new homes as soon as they are occupied. 54. The Owner further agrees to provide Canada Post at least 60 days’ notice prior to the confirmed first occupancy date to allow for the community mailboxes to be ordered and installed at the prepared temporary location Other Approval Agencies 55. That any approvals which are required from the Region of Durham, 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. 56. That the Owner, through the approval of the Utility Coordination Plan, is to enter into an agreement with Canada Post Corporation for the provision of a Community Mailbox(es) including technical specifications and financial terms. Plan Revisions 57. That the Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of approval may require revisions to the satisfaction of the City, to implement or integrate any recommendation resulting from studies required as conditions of approval. 58. That the Owner revises the draft plan as necessary to the satisfaction of the City, to accommodate any technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include revising the number of residential building lots or reconfiguring the roads or lots to the City’s satisfaction. 59. That the Owner agrees to implement the requirements of all studies that are required by the City for the development of this draft plan of subdivision to the satisfaction of the City. Attachment #1 to Report PLN 17-21 Glenanna Road Finch Avenue Parkside DriveNew StreetHuntsmillDriveDarwin DriveAspen Road Gablehurst CrescentFairport RoadEagleviewDriveHolbrook CourtSpruce Hill RoadRegal Crescent Taplin Drive Silver Spruce DriveErinGatePark J. McphersonPark DuncannonRavine DalewoodRavine 1:4,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Property Description: SP-2019-03, CP-2019-04 & A 13/19 THIS IS NOT A PLAN OF SURVEY. Date: Jan. 20, 2021 ¯E10046043 Canada Inc & C. Wang Lots 14, 29 & 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 3 40R-30492 (1950 & 1952 Fairport Rd) SubjectLands L:\PLANNING\01-MapFiles\SP\2019\SP-2019-03, CP-2019-04 & A013-19 10046043 Canada Inc\SP-2019-03_LocationMap.mxd 1952 1950 Attachment #2 to Report PLN 17-21 Glenanna Road Finch Avenue Parkside DriveNew StreetHuntsmillDriveDarwin DriveAspen Road Gablehurst CrescentFairport RoadEagleviewDriveHolbrook CourtSpruce Hill RoadRegal Crescent Taplin Drive Silver Spruce Drive1:4,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Air Photo MapFile:Applicant: THIS IS NOT A PLAN OF SURVEY. Date: Jan. 20, 2021 SubjectLands EL:\PLANNING\01-MapFiles\SP\2019\SP-2019-03, CP-2019-04 & A013-19 10046043 Canada Inc\SP-2019-03_AirPhoto.mxd ¯ SP-2019-03, CP-2019-04 & A 13/1910046043 Canada Inc & C. Wang 1952 1950 Property Description:Lots 14, 29 & 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 3 40R-30492 (1950 & 1952 Fairport Rd) Attachment #3 to Report PLN 17-21 L:\Planning\01-MapFiles\SP\2019 March 03, 2021DATE: Applicant: Property Description: File No: Submitted Conceptual Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2019-03, CP-2019-04 & A 13/19 10046043 Canada Inc & C. Wang Lots 14, 29 & 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489, and Part 3 40R-30492 (1950 & 1952 Fairport Rd) N Lot 1 Lot 2 Lot 3 Attachment #4 to Report PLN 17-21 L:\Planning\01-MapFiles\SP\2019 Jan 20, 2021DATE: Applicant: Property Description: File No: Submitted Draft Plan of Subdivision FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2019-03, CP-2019-04 & A 13/19 10046043 Canada Inc & C. Wang Lots 14, 29 & 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 3 of 40R-30492 (1950 & 1952 Fairport Rd) N Attachment #5 to Report PLN 17-21 L:\Planning\01-MapFiles\SP\2019 Jan 20, 2021DATE: Applicant: Property Description: File No: Submitted Draft Plan of Condominium FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2019-03, CP-2019-04 & A 13/19 10046043 Canada Inc & C. Wang Lots 14, 29 & 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 3 of 40R-30492 (1950 & 1952 Fairport Rd) N Responses to Resident Submissions Please find responses to public submissions regarding the redevelopment of 1950 and 1952 Fairport Road below. Concern Response The drainage feature, identified in the Environmental Impact Study prepared by Beacon Environment, at the north end of the Site was not tested. The applicants have advised that during site visits completed by Alston Associates, the geotechnical division of Terrapex, the drainage feature (i.e., ditch) was not tested because it was dry. This suggested that the feature only manages water on the northern portion of the site, originating from the site or properties to the north, during storm events and snowmelts. Since the ditch only contained water intermittently and was not in the vicinity of the polycyclic aromatic hydrocarbon (PAH) impacted soil, it was not identified as a potential environmental concern and was not considered to be an area of potential environmental concern under Ontario Regulation 153/04. What will happen to the contaminated soil on the subject lands? The applicants will be required to enter into a subdivision agreement with the City. As per the Region’s draft conditions of subdivision approval, prior to registration of the subdivision, a Record of Site Condition (RSC) is required. In order to file the RSC, the applicants will be required to remediate the soil. Correct location of the Dunbarton Creek and associated setbacks The City of Pickering’s Official Plan identifies that a portion of the subject lands are part of the Natural Heritage System, comprised of key hydrological and key natural heritage features (Dunbarton Creek and associated valleylands). The Official Plan states no development is permitted within these features and if development is proposed within 120 metres of these features, an environmental report is required to determine the minimum vegetation protection zone (i.e. buffer). Although the Official Plan states the minimum VPZ for significant valleylands is 10 metres from the stable top of bank, an environmental study can determine if the minimum VPZ can be reduced without negatively affecting the Natural Heritage System. The Environmental Impact Study prepared by Beacon Environmental, identifies the Top of Bank plus the VPZ, the Dripline plus the VPZ, and the Long-Term Stable Top of Bank plus VPZ. The dripline plus VPZ identified by Beacon differs from the dripline plus VPZ identified by TRCA. TRCA has reviewed the EIS and has no concerns with Beacon’s findings. TRCA has indicated that the location of the creek would not alter the TRCA staked top of bank. Attachment #6 to Report PLN 17-21 Concern Response In addition, TRCA has reviewed the proposed buffer encroachment and buffer enhancement, and has no concerns with Beacon’s findings. As part of the EIS, the consultant studied the features to determine if in fact the features are part of the Natural Heritage System. Beacon has concluded a small portion of the identified Significant Woodland which extends east along the southern property limits was not staked by TRCA. This forest community is small, fragmented and is not a continuous forest. Based on this information, these trees are not part of the feature. Capacity of the infiltration structure At the detail review process, the City will review the proposed storm system to ensure the storm water storage has been sized to accommodate current and future flows. Erosion to the creek must be considered in the calculated setbacks. The Geotechnical Report assumes 8.0 metres of erosion potential of the creek and factors that into the long-term stable slope calculation. This assumption is based on in-field conditions. The TRCA has reviewed the geotechnical report and are satisfied with the findings. Drainage from existing properties flows onto 1952 Fairport Road The City has required the applicant to revise the Functional Grading Plan to show topographical information for the neighbouring properties. Using this information, the applicant must demonstrate how external flows will be accommodated in the grading, stormwater and servicing strategy. The accommodation of external flows will be required to be formalized through appropriate condominium declarations and/or easements. Proposed grading and impact on 1954 Fairport Road The City and applicant have met with the landowner of 1954 Fairport Road. The applicant has indicated that the changes in grading for 1950 and 1952 Fairport Road will not impact the current drainage patterns in the area, including the drainage for the lots along the west side of Fairport Road. Who is responsible for management of stormwater system The overall management of the storm water system will be the ongoing responsibility of the condominium corporation. Impact of the proposed development on Dunbarton Creek TRCA staff conducted sites to stake the floodline, top of bank and drip line. The consultants applied a 10 metre buffer to the drip line. TRCA has reviewed the proposed development limits and are satisfied that sufficient setbacks are proposed from the creek and associated hazardous lands. In addition, access to the creek will be restricted through the installation of a fence. Concern Response Decreased water pressure issues All current water pressure issues and concerns should be directed to the Regional Works Department. The City’s Engineering Staff and the Region of Durham have reviewed the proposal and no concerns have been raised regarding municipal water. The proposed development will connect to existing municipal water. Existing wildlife and species at risk The Ministry of Environment, Conservation and Parks is satisfied that species at risk have been evaluated and provided for. One bat box will be installed on site. Proposed use of Block 6 and 7 (3.0 metre future development block along Taplin Drive) The applicant has indicated that these lands will be offered to adjacent landowners to be merged with their lands. If these landowners are not interested, the lands will remain vacant and owned by the current landowner. The proposed development will result in large homes with reduced rear yard amenity space and high lot coverage. A detailed analysis was conducted on the proposed development and the existing neighbourhood. There has been infill developments within the Dunbarton Neighbourhood, therefore Staff have ensured similar development standards are maintained and the development is in conformity with the neighbourhood Development Guidelines. Existing schools are capacity The proposed development was circulated to the Public and Separate School Boards. The school boards provide comments regarding the capacity of existing schools based on the number of students that would be generated by the proposal. Both school boards have indicated that they have no objections and the generated students can be accommodated within the existing schools. Historic tree removal on 1952 Fairport Road The previous landowner removed approximately 20 trees within the regulated Tree By-law Area. Therefore an order was issued to plant 100 trees. The current landowner has agreed to plant the 100 trees in the buffer areas between the valley and residential lots. The scope of this work will be determined at the site plan approval stage. The proposal cause traffic issues on Fairport Road. The traffic calculations within the submitted traffic study are wrong. The standard used to calculate the traffic generated by this proposed development derives from standards that apply to all of North America. The report is based on traffic generated during peak AM and PM conditions for single family homes. The table shows trips generated (in peak conditions) of .75 per unit (AM) and 1 per unit (PM). There are additional trips generated throughout various times during the day including ‘near’ the peak hour. Concern Response Insufficient visitor parking spaces are provided within proposed common element development The applicant has revised the conceptual site plan to increase the number of visitor parking spaces from 7 spaces to 12 spaces, an additional 5 spaces. What is the developments contribution to the City Through the development agreement, the City will ensure the developer constructs or pays all requirements. The developer will pay cash-in-lieu (of parkland) and development charges. Noise from air conditioner units Air conditioners will be placed in locations (typically within the side or rear yard) to reduce any disturbance to existing neighbours. Construction hours The City of Pickering has a by-law to regulate noise (By-law 6834/08). The applicant will be required to abide by the By-law regarding the permitted hours of construction (prohibited between the hours of 7:00 pm and 7:00 am, all day on Sundays and statutory holidays). Wind borne dirt during construction As a condition of draft plan of subdivision approval, the City requires the applicant to prepare and submit a construction management/erosion and sediment control plan. During construction, the applicant will be required, among other matters, to control mud and dust on all roads with and adjacent to the site. Mud and dust can be controlled by washing roads to reduce dust in the community. If the applicant does not follow the approved plan, the City may hire a contractor to complete this work, at the applicants cost. Fencing along southern limits of property As a condition of subdivision approval, the applicants will be required to install fences along the boundary of the development lots and Open Space Buffer Block 5. In addition, the applicants will be required to install privacy fencing along the property lines, where there are adjacent existing residential lots. Will there be a stop sign or traffic light when existing the private road? There will be a stop sign for exiting the private road. Future redevelopment of 1942 Fairport Road The development will not create new limitations for the future development of 1942 Fairport Road. Issues during construction If there are any issues during construction, residents can contact the City’s Customer Care. Engineering Services and By-law Enforcement will review the issue and ensure the developer constructs as per the approved construction management plan and any applicable City by-laws. Concern Response Errors in the submitted Planning Rationale Report The lot size analysis included lots on Fairport Road, Spruce Hill Drive and Taplin Drive. Upon more detailed review, it was identified that there are four lots on the south side of Taplin Drive that are 21 to 24.6 metres in width. Most other lots fall in the described range of 13.7 to 18.2 metres. Planning Staff have included the correct lot size measurements in our review. What is the proposed zone? The applicant has requested site-specific residential zone categories. Please see the attached draft site-specific Zoning By-law for the proposed development. Snow Storage and removal Snow storage locations (2) have been shown on the concept plan. Provisions will be included in the site plan agreement to ensure the future condominium corporation will be responsible to remove excess snow off site. Attachment #7 to Report PLN 17-21 Existing and Proposed Zoning Standards Table Provision Proposed Zoning Standard (Condo) 1815 Fairport Road Common Element Condo (S3-13 Zone in By-law 7284/13) Proposed Zoning Standard (Subdivision) Fairport Road west side R4 Zone Fairport Road east side (S2 and S4 Zone in By-law 1826/84) Use Detached dwelling Detached dwelling Detached dwelling Detached dwelling Detached dwelling Lot area (min) 350 m² 350 m² 430 m² 460 m² 400 m² Lot Frontage (min) 12.0 m 12.0 m 13.5 m 15.0 m 13.5 m Front Yard (min) 4.5 m 4.5 m 7.5 m 7.5 m 4.5 m Side Yard Width (min) 1.2 metres on one side and 0.6 metres on the other side 1.2 m one side and 0.6 m other side 1.5 m 1.5 m both sides 1.2 m both sides or 1.8 m one side and no minimum other side Rear Yard Depth (min) 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m Flankage side yard (min) 3.0 m Fairport Road: 3.0 m Otherwise: 2.7 m 4.5 m n/a 2.7 m Building Height (max) 9.0 m 9.0 m for lots along Fairport and abutting any existing residential 10.0 m otherwise 9.0 m 18.0 m 12.0 m Lot Coverage (max) 38 % 38 % 33% 33% 38% Driveway Min 2 private garage located a min 6.0 m from front lot line Min 1 private garage located a min 6.0 m from front lot line Min 2 private garage located a min 6.0 m from front lot line n/a Min 1 private garage located a min 6.0 m from front lot line Right of way width of private street 7.0 m 8.5 m n/a n/a n/a Visitor parking 0.25 parking spaces per unit 0.3 parking spaces per unit n/a n/a n/a Attachment #8 to Report PLN 17-21 Eagleview DriveLongbowDrive RambleberryAvenueFairport RoadAppleview RoadBonita AvenueParkside DriveSpruce Hill RoadEastbank RoadCri c k e t L a n e Huntsmill DriveS t r o u d s L a n e GlenannaRoa d New StreetBrook s h ireSquareGrayabbeyCourtAspen Road HelmSt r eet Gablehurs t Cres c ent Pebble C o u rtWingarden CrescentHedgerow PlaceUnaRoadMillbank Road Heathside CrescentWood ruffCr e s c e n t HolbrookCourt Shade Master DriveVoyager Avenue Falconwood WayTaplin Drive MountcastleCres cent Silver Spruce DriveRedbirdCrescent O S - H LR4S3-7S-SDR4-1 S3-7 S3-13 S4 R4 S2 SD -AB S3 S4 S3-7 R3SD R4-12R4-9R4 S4S2S2 R3 R4 S2ES R4-9S2S-SDR4 S4 SD S4 S2S2 R3 SD S2 R3 S3-7S2 S2S4 R3 S1S2 ESS4 S4 R4-9 S 3 - 7 SDS1 S2 S4 S4S2-15 S2 S2-11 S3-7 R3 R4 S2 S2 S3-7 S1S4 S2 S1S2 S3-7 S2 R4-1 R4-8S3-7 S2 S4 S1 S1 S2 S2S4S1 ES (H)S3-7R3 R4 OS-HL S-SD S4 S4-5 R4 S2 S1 S2 R3 OS-HLS2 S4-5 S-SD S4 S2 S2 CP CP S2OS-HL S1 S3-7 S3-7 S4-9 S4R4 R4 R3 S3 S2 S4R3 S2 S3-7 R3 S3-10S3-7R4 S4NP S4 I(C)-DN S4 R3 S-SD S4 S1S4 S4 R3 S2S4-5 SD R3 S2 S4S3-7R3 R3 S3-7 S2 S1 S4 S-SD S3-7 S4S2 S4 R4 S4 S3-7S2 NP S2 S4S1 OS-HLS2S3-7 S1 R4-9 S4 S4 S2 NP R4 S2 S4S2R4R4-9 S2 S-SD S4 S1 R4-9 SD S1 OS-HL S4 SD S2-15 S2 S3-7S3-7 S2 S3-7 S2 S4 S 4 R3 1:6,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment THIS IS NOT A PLAN OF SURVEY. Date: Mar. 16, 2021 SubjectLands EZoning MapFile:Applicant:Property Description: SP-2019-03, CP-2019-04 & A 13-1910046043 Canada Inc & C. Wang This zoning map is a graphical representation of the zoning schedules and is not a plan of survey. The zoning schedules in Zoning By-Law 3036, as amended, are the official schedules. In any situation where the zoning schedules are found to differ from this map, the text of thesigned By-Law, as amended, will take precedence in the interpretation of zoning. ¯ Lots 14, 29 & 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492