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HomeMy WebLinkAboutSeptember 5, 2023Planning & Development Committee Meeting Agenda September 5, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Cook For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Due to the Council Chamber dome roof replacement and in accordance with the City’s Procedure By-law, the City of Pickering is holding electronic Council and Committee Meetings. Members of the public may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. Page 1.Call to Order/Roll Call 2.Disclosure of Interest 3.Statutory Public Meetings Statutory Public Meetings are held to receive input and feedback on certain types of planning applications. Due to the Council Chamber dome roof replacement and the need to meet electronically, members of the public looking to provide a verbal delegation to Members of the Planning & Development Committee may do so through a virtual connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. Delegates are allotted a maximum of 5 minutes to make their delegation. Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 3.1 Information Report No. 08-23 1 Request for Red-Line Revision of Draft Plan of Subdivision Application SP-2009-11 (R2) Revised Zoning By-law Amendment Application A 08/23 Mattamy (Seaton) Limited Part of Lots 21 and 22, Concession 4 Seaton Community 3.2 Information Report No. 09-23 15 Draft Plan of Subdivision Application SP-2023-02 Zoning By-law Amendment Application A 05/23 Planning & Development Committee Meeting Agenda September 5, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Cook For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Seaton TFPM Inc. Part of Lots 21 and 22, Concession 5 Seaton Community 3.3 Information Report No. 10-23 27 Zoning By-law Amendment Application A 06/23 Taccgate Developments Inc. North and south sides of Taunton Road between Burkholder Drive and Peter Mathews Drive, and on the east side of Peter Mathews Drive Seaton Community 4. Delegations Due to the Council Chamber dome roof replacement and the need to meet electronically, members of the public looking to provide a verbal delegation to Members of the Planning & Development Committee may do so through a virtual connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. Delegates are allotted a maximum of 5 minutes to make their delegation. Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 4.1 Robert Montemarano, President, Pickering Forest Inc. and Beachview Homes (Virtual) Scott Waterhouse, Planning Manager, GHD (Virtual) Re: Report PLN 30-23 Draft Plan of Subdivision Application SP-2020-02 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 450 Finch Avenue 4.2 Wayne Madden, Pickering Resident (Virtual) Re: Report PLN 29-23 City Initiated Official Plan Amendment 49 - Changes to the policies and regulations for Additional Dwelling Units - File: OPA 23-002/P Planning & Development Committee Meeting Agenda September 5, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Cook For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 4.3 Alexey Soldatenko, Pickering Resident (Virtual) Re: Report PLN 31-23 Zoning By-law Amendment Application A 09-16(R) Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Southeast corner of Finch Avenue and Altona Road (1985 and 1999 Altona Road, and 323, 327 and 331 Finch Avenue) 4.4 Amanda Lazaridis, Louisville Homes Limited (Virtual) Re: Report PLN 30-23 Draft Plan of Subdivision Application SP-2020-02 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 450 Finch Avenue 4.5 Rumeal Evans, Pickering Resident (Virtual) Re: Report PLN 29-23 City Initiated Official Plan Amendment 49 - Changes to the policies and regulations for Additional Dwelling Units - File: OPA 23-002/P 4.6 Steve Edwards, Planning Lead, GHD (Virtual) Tony Mauro, President, 702153 Ontario Limited (Virtual) Daniel Ronco, Planner, 702153 Ontario Limited (Virtual) Re: Report PLN 31-23 Zoning By-law Amendment Application A 09-16(R) Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Southeast corner of Finch Avenue and Altona Road (1985 and 1999 Altona Road, and 323, 327 and 331 Finch Avenue) 5. Planning & Development Reports 5.1 Director, City Development & CBO, Report PLN 29-23 49 City Initiated Official Plan Amendment 49 - Changes to the policies and regulations for Additional Dwelling Units - File: OPA 23-002/P Recommendation: Planning & Development Committee Meeting Agenda September 5, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Cook For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Official Plan Amendment Application OPA 23-002/P, initiated by the City of Pickering, to amend existing policies and introduce new policies related to additional dwelling units, as set out in Exhibit ‘A’ to Appendix I to Report PLN 29-23, be approved; 2. That the Draft By-law to adopt Amendment 49 to the Pickering Official Plan, to amend existing policies and introduce new policies to the Pickering Official Plan with regard to additional dwelling units, as set out in Appendix I to Report PLN 29-23, be enacted; 3. That Zoning By-law Amendment Application A 04/23, initiated by the City of Pickering, to implement Official Plan Amendment 49, be approved, and that the Recommended Draft Zoning By-law Amendments as set out in Appendices ll to VII to Report PLN 29-23 be finalized and forwarded to Council for enactment; 4. That the Additional Dwelling Unit Registration By-law, as set out in Appendix VIII to Report PLN 29-23, be enacted; and, 5. That a copy of the staff report, the adopting by-law, and two copies of the adopted Amendment be forwarded to the Region of Durham. 5.2 Director, City Development & CBO, Report PLN 30-23 113 Draft Plan of Subdivision Application SP-2020-02 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 450 Finch Avenue Recommendation: 1. That Draft Plan of Subdivision Application SP-2020-02, submitted by Pickering Forest Inc., to establish a residential plan of subdivision, consisting of 31 lots for detached dwellings, 2 part blocks for future development, 1 parkland block, 1 environmental block, 2 public roads, and 1 block for a road widening, as shown on Attachment #4 to Report PLN 30-23, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and, 2. That Zoning By-law Amendment Application A 10/20, submitted by Pickering Forest Inc., to implement Draft Plan of Subdivision Planning & Development Committee Meeting Agenda September 5, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Cook For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca SP-2020-02, on lands municipally known as 450 Finch Avenue, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix II to Report PLN 30-23, be finalized and forwarded to Council for enactment. 5.3 Director, City Development & CBO, Report PLN 31-23 164 Zoning By-law Amendment Application A 09-16(R) Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Southeast corner of Finch Avenue and Altona Road (1985 and 1999 Altona Road, and 323, 327 and 331 Finch Avenue) Recommendation: 1. That Zoning By-law Amendment Application A 09/16(R), submitted by 702153 Ontario Limited, to facilitate a residential common element condominium, development consisting of 48 townhouse units, on the lands located at the southeast corner of Finch Avenue and Altona Road, be approved subject to the zoning provisions contained in Appendix I to Report PLN 31-23, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and, 2. That Draft Plan of Subdivision Application SP-2016-01(R), submitted by 702153 Ontario Limited, to establish a development block to facilitate a common element condominium; an open space block, and two road widening blocks, as shown in Attachment #6 to Report PLN 31-23, and the implementing conditions of approval, as set out in Appendix II, be endorsed. 6. Member Updates on Committees 7. Other Business 8. Adjournment Information Report to Planning & Development Committee Report Number: 08-23 Date: September 5, 2023 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Request for Red-Line Revision of Draft Plan of Subdivision Application SP-2009-11 (R2) Revised Zoning By-law Amendment Application A 08/23 Mattamy (Seaton) Limited Part of Lots 21 and 22, Concession 4 Seaton Community 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding a request for a red-line revision of Draft Plans of Subdivision and a revised Zoning By-law Amendment, submitted by Mattamy (Seaton) Limited, to permit the implementation of a residential draft plan of subdivision. This report contains general information on the applicable Official Plan, and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. The Planning & Development Committee will hear public delegations on the applications, ask questions of clarification, and identify any planning issues. This report is for information, and no decision on these applications is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Development Review Process The City has revised the planning review process for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision and Site Plan Approval as a result of the Provincial changes to the Planning Act, through Bill 109. Council approved the new planning review process on May 23, 2023, and is in effect for all application submissions received after June 30, 2023. The new process introduces a mandatory pre-submission stage, which occurs before an actual development application is submitted to the City. This adjustment is aimed at ensuring the City meets the Planning Act approval/decision timelines and prevents the need to refund application fees. The subject applications were submitted on May 24, 2023. As such, the new planning review process is not applicable to these applications. - 1 - Information Report 08-23 Page 2 3. Background Information and Previous Approvals The original Plan of Subdivision, submitted by Mattamy (Seaton) Limited, was draft approved by the Ontario Municipal Board (OMB) in December 2013. The related zoning by-law that implemented the subdivision, Seaton Zoning By-law 7364/14, was approved by the OMB on December 17, 2013, and further approved on January 24, 2014. The decisions of the OMB were confirmed by the Province, through an Order to Council in March 2014. In 2018, Mattamy (Seaton) Limited, submitted a request for a red-line revision to the Draft Approved Plan of Subdivision. The applicant added a remnant parcel into the approved subdivision plan, and made select design modifications for lands within the plan located north and south of Alexander Knox Road. Council endorsed the revised Draft Plan of Subdivision, and the related proposed amendments to the conditions of draft plan of subdivision approval. Also, a site-specific Zoning By-law Amendment was passed by Council. Subsequently, in 2022, Council passed a technical housekeeping zoning by-law amendment to correct certain zoning category boundaries. The Local Planning Appeal Tribunal (the “LPAT”, formerly the OMB) approved the red-line revision to the Draft Plan of Subdivision on March 12, 2019, and further revised their approval on July 23, 2021. On December 2, 2021, final approval of the revised Draft Plan of Subdivision was granted by the Director, City Development & CBO. The first phase of the Plan is registered as Plan 40M-2710. 4. Property Location and Description The lands subject to the application are approximately 34.59 hectares in size, are currently vacant, and are located within Seaton Neighbourhood 19, Wilson Meadows (see Location Map, Air Photo Map and Neighbourhood 19: Wilson Meadows Neighbourhood Plan, Attachments #1, #2 and #3). The surrounding land uses include: North: Agricultural lands are owned by Seaton TFPM Inc. (Mattamy Homes is one of four developers who comprise Seaton TFPM Inc.), which are currently subject to applications for a Draft Plan of Subdivision and Zoning By-law Amendment (files SP-2023-02 and A 05/23). These lands are designated “Low Density Types 1 and 2 Areas”, “Medium Density Areas”, “Neighbourhood Park” and “Elementary School”. East: Lands owned by Infrastructure Ontario and are designated as “Seaton Natural Heritage System”. South: The first phase of the Mattamy (Seaton) Limited subdivision plan (Registered Plan 40M-2710) consisting of detached dwellings and townhouse units that are currently under construction and/or occupied. West: Lands owned by Infrastructure Ontario and are designated as “Seaton Natural Heritage System”. - 2 - Information Report 08-23 Page 3 5. Applicants’ Proposal (2023) Mattamy (Seaton) Limited is requesting a second revision to the draft approved plan of subdivision, along with an amendment to the existing zoning by-law, to implement the revisions to the draft plan. The revisions are shown in red line markups illustrated on Attachment #4, Submitted Redline Draft Plan of Subdivision. The applicant is requesting these revisions to address grading constraints located on the westerly portion of the plan, and to introduce townhouses in the northerly portion of the plan. The update to the housing mix includes an increase of street townhouses, and a reduction of detached dwellings, rear-lane townhouses and live-work townhouses. The following table provides a comparison of the unit types of the 2018 Draft Plan (approved in 2021), and the submitted redlined draft plan. The first phase of the plan, (Registered Plan 40M-2710) has been deducted from the unit totals. Unit Types Approved Draft Plan (2018/2021) Submitted Draft Plan (2023) Change in the Number of Units Detached Dwellings 413 400 Reduction of 13 units Rear-Lane Detached Dwellings 2 2 No change Street Townhouses 142 221 Increase of 79 units Rear-Lane Townhouses 20 22 Increase of 2 units Live-Work Townhouses 10 6 Reduction of 4 units Total 587 651 Increase of 64 units Details of the submitted revised draft plan are found in the table below: Land Use Total Blocks Area (Hectares) Residential 74 18.53 Public Park 2 1.38 Trailhead/ Terminal View / Open Space 7 0.22 Elementary School 1 2.66 Stormwater Management Facility, Servicing Access & Emergency Flow 3 1.45 Road Widening 1 0.025 Roads 10.32 Total 88 Blocks 34.59 Hectares - 3 - Information Report 08-23 Page 4 The proposed uses are the same as those previously approved, including residential uses, an elementary school block, a village green, a neighbourhood park, a stormwater facility and open spaces. The revised draft plan is illustrated on Attachment #5, Submitted Redline Draft Plan of Subdivision (Clean Version). The neighbourhood park block, 1.03 hectares in size, is located along the northerly boundary of the plan aligned with the proposed park block located within the draft plan of subdivision application submitted by Seaton TFPM Inc., which is currently under review. The neighbourhood park blocks will have a combined size of 2.0 hectares. Primary access to the proposed development is provided from Alexander Knox Road, and the future Peter Mathews Drive (Sideline 22). Additional connections include a future east-west road, Nathaniel Hastings Drive, and additional connections from existing local roads within the first phase of the development plan. The applicant is proposing amendments to the zoning by-law schedule to modify certain zoning boundaries to reflect the change in unit types being proposed and realign certain boundaries to reflect the new draft plan. 5.1 Affordable Housing The applicant indicates in their submission that the mix of housing types will provide an opportunity to serve all sizes, incomes and ages of households. The proposal provides for a range of housing forms including detached dwellings and a variety of townhouse types. 6. Policy Framework 6.1 Durham Regional Official Plan The subject lands are located within the Seaton Urban Area, and are designated as Special Policy Area A in the Regional Official Plan (ROP). The ROP policy refers to the now revoked Central Pickering Development Plan (the “CPDP”, which was revoked by the Province of Ontario in December 2022). The subject site is designated “Community Area” in the new ROP, which was adopted by Regional Council in May 2023 and forwarded to the Province for approval. Community Areas are intended to offer a complete living environment and are comprised of housing, commercial uses, offices, institutional uses, community uses, and public service facilities, as well as a range of cultural and recreational uses. The proposal will add a variety of housing types to the Seaton Urban Area and conforms to the policies of the ROP. 6.2 Pickering Official Plan The subject lands are designated “Urban Residential Areas – Low Density Areas” and “Urban Residential Areas – Medium Density Areas” in the Pickering Official Plan (POP). The subject lands are within the Seaton Urban Area. Chapter 11 of the Official Plan further refines the land use designations as well as establishes policies for such matters as the Seaton natural heritage system, sustainable development, servicing, - 4 - Information Report 08-23 Page 5 population targets and urban design. The subject lands are located within Neighbourhood 19: Wilson Meadows Neighbourhood Plan (see Attachment #3). The Neighbourhood is planned to have a range of low to medium land use densities, and include a variety of residential built forms. The lands subject to the application are designated “Seaton Urban Area – Low Density Type 1 Areas”, “Seaton Urban Area – Medium Density Areas”, including lands designated for an “Elementary School”; “Village Green”, and “Neighbourhood Park”. The Neighbourhood Plan also identifies lands for a Stormwater Management Facility, Trailheads and Terminal Views. The revised draft plan of subdivision is generally reflective of the land use designations in Neighbourhood 19 of the Official Plan. 6.2.1 Seaton Sustainable Place-Making Guidelines The Seaton Sustainable Place-Making Guidelines address the urban design guidelines contained within the CPDP (revoked in December 2022) and expand upon the key design elements such as setting out minimum standards and benchmarks for plans of subdivision and site plans and listing the range of matters that are to be addressed in the development of the lands. The Guidelines also provide direction on the design of the public realm, built forms and green infrastructure and buildings. The applications will be assessed against the policies and provisions of the Seaton Sustainable Place-Making Guidelines during the further processing of the applications. 6.3 Zoning By-law 7364/14 The Seaton Zoning By-law 7364/14, was approved by the OMB on December 17, 2013 and further amended on January 24, 2014. A zoning by-law amendment is required to implement the proposed red-line revisions to the approved draft plan of subdivision. The applicant is proposing amendments to the zoning schedules and modifying certain zoning boundaries. No changes are proposed to the zoning categories or performance standards. In accordance with the Pickering Official Plan, Chapter 11, Seaton Urban Area, the completion of a future transportation planning study is to be undertaken by the Seaton landowners, and completed before development proceeding beyond the Seaton first phase of development. An “H” Hold Zone will therefore be required for lands beyond the first phase of development. 7. Comments Received 7.1 Notice of Electronic Statutory Public Meeting Notice of the Electronic Statutory Public Meeting regarding this application was provided through a mailing of all properties within 150 metres of the entire subject lands. Public Meeting Notice Signs were erected on July 26, 2023, and installed at 3 locations including the intersections of Alexander Knox Road and Brigadier Avenue, Brigadier Avenue and Longspur Trail and Kerrydale Avenue and Swordbill Street. - 5 - Information Report 08-23 Page 6 7.2 Resident Comments As of writing this report, no comments or concerns have been received on the revised applications. 7.3 Agency Comments 7.3.1 Region of Durham • the proposed development is consistent with the policies of the Provincial Policy Statement, contributes to providing greater housing options for the community and maintains the objectives of the Growth Plan for the Greater Golden Horseshoe; • the lands are designated as Special Policy Area A in the Regional Official Plan. The ROP policy refers to the now revoked Central Pickering Development Plan; • the subject site is designated “Community Area” in the new ROP, which was adopted by Regional Council in May 2023 and forwarded to the Province for approval; • the proposal will add an array of housing types to the Seaton Urban Area and conforms to the policies of the ROP; • the lands located in the draft plan are within both the Phase 1 and Phase 2 servicing areas of the Seaton Community; • the revised Environmental Noise Assessment submitted is generally acceptable to the Region subject to minor revisions, and the Region’s condition of approval requires the Owner through the subdivision to implement the noise attenuation measures; • updated Environmental Site Assessment documents are required to confirm that the site meets the applicable Site Condition standards; • archaeological Clearances letters from the Province are required; • Durham Region Transit identified four bus stop locations within the plan, and request that sidewalks be built in tandem with the development so that residents can rely on a strong pedestrian network from day one; and • the Region of Durham 2013 conditions of draft approval remain applicable, including Regional Services conditions. 7.3.2 Toronto and Region Conservation Authority As of writing this report, no comments or concerns have been received on the revised applications. 7.3.3 Durham District School Board (DDSB) • DDSB staff have reviewed the red‐line revision to the draft plan of subdivision and under the mandate of the DDSB, and have no objection; and • students generated from this development will attend existing neighbourhood schools. 7.4 City Department Comments 7.4.1 Engineering Services As of writing this report, no comments or concerns have been received on the revised applications. - 6 - Information Report 08-23 Page 7 7.4.2 Sustainability • the applicant has submitted a Sustainable Place-Making Checklist, prepared by Korsiak Urban Planning, dated March 2023, and this document references the previously approved Urban Design and Sustainability Brief which was part of the original Draft Plan application; • the development proposal satisfies the general intent of the Official Plan policies related to the Seaton Sustainable Place-Making Guidelines for Neighbourhood 19; and • the Integrated Sustainable Design Standards (ISDS) Tier performance measures do not apply to these applications. However, the applicant is encouraged to build to sustainable building performance standards, whether by following the ISDS or the enhanced benchmarks in the Seaton Sustainable Place-Making Guidelines to reflect today's best practices. 8. Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance that have been identified by staff for further review and consideration. These matters, and others identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant before a final recommendation report to Planning & Development Committee: • ensure the applications will implement the City’s Official Plan and the Seaton Neighbourhood policies; • ensure the proposal is consistent with the City’s urban design goals and objectives in the Seaton Sustainable Place-Making Guidelines; • ensure the revised road pattern and lotting fabric achieve City design standards; • ensure the coordination of streets, parks and residential blocks with the new Seaton TFPM Inc. application to the north; • review the size of the proposed parkland blocks given the increase in the number of townhouse units proposed from the original plan; • review the arrangement of blocks for detached and townhome dwellings to ensure that on-street parking is adequate to support visitor parking; • ensure garages are appropriately sized to meet the needs of residents; and • ensure that the proposed development contains appropriate sustainable development components as well as encourage enhanced benchmarks in the Seaton Sustainable Place-Making Guidelines to reflect today's best practices. Further issues may be identified following receipt and review of comments from the circulated departments, agencies and the public. The City Development Department will conclude its position on the applications after it has received and assessed comments from the circulated department, agencies and the public. 9. The Local Planning Appeal Tribunal (formerly the OMB) is the Approval Authority for this Revision to the Draft Plan of Subdivision As the subject draft plan of subdivision was approved by the OMB, the Local Planning Appeal Tribunal (LPAT) is the approval authority for the requested revision. If Council supports the requested revision, it is anticipated that the Owner and the City will - 7 - Information Report 08-23 Page 8 approach the LPAT to approve the requested revision. The City of Pickering is the approval authority for the amendment to the zoning by-law. 10. Information Received Copies of the plans and studies submitted for the revised application listed below are available for viewing on the City’s website at pickering.ca/devapp or in person at the office of the City of Pickering, City Development Department: • Redlined Draft Plan of Subdivision, prepared by Korsiak Urban Planning, dated May 9, 2023; • Functional Servicing and Stormwater Management Report, prepared by R.J. Burnside Ltd., dated April, 2023; • Hydrogeological Assessment, prepared by R.J. Burnside Ltd., dated August 2013; • Arborist Report, prepared by R. J. Burnside Ltd., dated March 14, 2023; • Phase 1 ESA, prepared by Pinchin Ltd., dated April 2017; • Noise Study, prepared by YCA Engineering Ltd., dated April 2023; • Parking Plan, prepared by Korsiak Urban Planning, dated May 9, 2023; • Traffic Impact Study, prepared by BA Group, dated March 2023; • Geotechnical Report, prepared by AME, dated April 2011; • Stage 3 Archaeological Assessment, prepared by Archaeological Services Inc., dated September 2011; • Stage 4 Archaeological Assessment, prepared by Archaeological Services Inc., dated January 2008; • Sustainable Development Guidelines Checklist, prepared by Korsiak Urban Planning, dated May 9, 2023; • Planning Rationale Report, prepared by Korsiak Urban Planning, dated May 2023; and • Affordable Housing Information, prepared by Mattamy Homes, dated May 2023. 11. Procedural Information 11.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Statutory Public Meeting; • all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; • any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and • any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. - 8 - Information Report 08-23 Page 9 12.Owner/Applicant Information The owner of the subject lands is Mattamy (Seaton) Limited, and is represented by Korsiak Urban Planning. Attachments: 1.Location Map 2.Air Photo Map 3. Neighbourhood 19: Wilson Meadows Neighbourhood Plan 4.Submitted Redline Draft Plan of Subdivision 5.Submitted Redline Draft Plan of Subdivision (Clean Version) Prepared By: Original Signed By Cristina Celebre, MCIP, RPP Principal Planner, Strategic Initiatives Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner CC:ld Date of Report: August 18, 2023 - 9 - Attachment #1 to Information Report 08-23 P e t e r Matthews Drive City Development Department Location MapFile:Applicant:Legal Description: SP-2009-11 (R2) and A08/23 Date: Aug. 15, 2023 Mattamy (Seaton) Limited Part of Lots 21 and 22, Concession 4, and Part of SubjectLands L:\PLANNING\01-MapFiles\SP\2009\SP-2009-11 Mattamy (Seaton-Whitevale)\SP-2009-11(R2), A008_23_LocationMap.mxd 1:9,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © TeranetEnterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. Lots 21, 22 and 23, Concession 5 Alexander Knox RoadWhitevale Road Si d e l i n e 2 0 Mu l b e r r y L a n e Th u n d e r b i r d P r o m e n a d e Ho l l y b e r r y T r a i l Skybird Lane Stillmeadow Lan e Br i g a d i e r A v e n u e Kerrydale Avenue Future Alexan d e r K n o x R o a d F u t u r e P e t e r M a t t h e w s Dr i v e 40M-2710(Phase 1) - 10 - Attachment #2 to Information Report 08-23 S t illm e a d owLane T urnstone Boulevard Thunderbird Promenade Sw o r d b i l l S t r e e t Alexander Knox Road Br i g a d i e r A v e n u e Mu l b e r r y L a n e Ho l l y b e r r y T r a i l Si d e l i n e 2 0 WillowridgePath P eter Matthews Drive Whitevale Road Highway 407 Air Photo MapFile:Applicant:Legal Description: SP-2009-11 (R2) and A08/23 Date: Aug. 15, 2023 Mattamy (Seaton) Limited Part of Lots 21 and 22, Concession 4, and Part of L:\PLANNING\01-MapFiles\SP\2009\SP-2009-11 Mattamy (Seaton-Whitevale)\SP-2009-11(R2), A008_23_AirPhoto_v2.mxd 1:9,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Kings Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King 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 Development Department Lots 21, 22, and 23, Concession 5 F u t u r e P e t e r M a t t h e w s D r i v e Future Nathaniel Hastings Drive Future A l e x a n d e r K n o x R o a d SubjectLands Ownership Mattamy (Seaton) Limited Seaton TFPM Inc. Future Roads Mu l b e r r y L a n e 40M-2710(Phase 1) - 11 - Attachment #3 to Information Report 08-23 Neighbourhood 19: Wilson Meadows Neighbourhood Plan City Development Department July 11, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2009-11(R2), A 08-23 Mattamy (Seaton) LimitedApplicant: Legal Description: DATE: File No: Part of Lots 21 and 22, Concession 4, and Part of L:\Planning\01-MapFiles\SP\2009 Lots 21, 23, and 23, Concession 5 N Subject Lands - 12 - Attachment #4 to Information Report 08-23 Submitted Redline Draft Plan of Subdivision City Development Department August 3, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2009-11(R2), A 08-23 Mattamy (Seaton) LimitedApplicant: Legal Description: DATE: File No: Part of Lots 21 and 22, Concession 4, and Part of L:\Planning\01-MapFiles\SP\2009 Lots 21, 23, and 23, Concession 5 N - 13 - Attachment #5 to Information Report 08-23 Submitted Redline Draft Plan of Subdivision (Clean Version) City Development Department August 17, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2009-11(R2), A 08-23 Mattamy (Seaton) LimitedApplicant: Legal Description: DATE: File No: Part of Lots 21 and 22, Concession 4, and Part of L:\Planning\01-MapFiles\SP\2009 Lots 21, 23, and 23, Concession 5 N - 14 - Information Report to Planning & Development Committee Report Number: 09-23 Date: September 5, 2023 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Draft Plan of Subdivision Application SP-2023-02 Zoning By-law Amendment Application A 05/23 Seaton TFPM Inc. Part of Lots 21 and 22, Concession 5 Seaton Community 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding applications for Draft Plans of Subdivision and Zoning By-law Amendment, submitted by Seaton TFPM Inc., to facilitate the development of a residential draft plan of subdivision. This report contains general information on the applicable Official Plan, and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. The Planning & Development Committee will hear public delegations on the applications, ask questions of clarification, and identify any planning issues. This report is for information, and no decision on these applications is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Development Review Process The City has revised the planning review process for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision and Site Plan Approval as a result of the Provincial changes to the Planning Act, through Bill 109. Council approved the new planning review process on May 23, 2023, and is in effect for all application submissions received after June 30, 2023. The new process introduces a mandatory pre-submission stage, which occurs before an actual development application is submitted to the City. This adjustment is aimed at ensuring the City meets the Planning Act approval/decision timelines and prevents the need to refund application fees. The subject applications were submitted on April 11, 2023. As such, the new planning review process is not applicable to these applications. 3. Background Information and Previous Proposal In 2015, Ontario Infrastructure and Land Corporation (OILC) submitted applications seeking approval of draft plans of subdivision and related zoning by-law amendments for the developable OILC lands in each of the Seaton Neighbourhoods, including the subject lands - 15 - Information Report 09-23 Page 2 located in Neighbourhood 19: Wilson Meadows Neighbourhood. A Statutory Pubic Meeting was held on October 5, 2015, to consider the draft plans of subdivision and related zoning amendment applications. In 2018, the subject lands were sold by OILC to Seaton TFPM Inc., and Seaton TFPM Inc. has now decided to submit new applications. Seaton TFPM Inc. is a consortium of developers being, TACC Developments, Fieldgate Homes, Paradise Homes, and Mattamy Homes. 4. Property Location and Description The lands subject to these applications are located north of Alexander Knox Road, and west of Sideline 20 within Seaton Neighbourhood 19: Wilson Meadows (see Location Map, Attachments #1). The lands are approximately 19.69 hectares in size and are currently used for agricultural purposes (see Air Photo Map, Attachment #2). Surrounding land uses include: North: Immediately north are lands owned by Infrastructure Ontario (IO) and are designated as “Seaton Natural Heritage System”. Across the Seaton Natural Heritage System is the Highway 407 corridor. South: Lands to the south are owned by Mattamy (Seaton) Limited (one of the four developers who comprise of Seaton TFPM Inc.) and are currently subject to applications for a red-line revision Draft Plan of Subdivision and Zoning By-law Amendment (files SP-2009-11(R2) and A 08/23). These lands are designated as “Low Density Type 1 Area”, “Medium Density Areas”, and “Neighbourhood Park”. East: Immediately to the east are lands owned by IO and are designated Seaton Natural Heritage System. West: Lands to the west are owned by IO and designated Seaton Natural Heritage System; and lands that form part of the Mattamy (Seaton) Limited application for a red-line revision Draft Plan of Subdivision and Zoning By-law Amendment (files SP-2009-11(R2) and A 08/23). These lands are designated “Medium Density Areas”. 5. Applicant’s Proposal Seaton TFPM Inc. has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to facilitate a residential plan of subdivision. The plan proposes a total of 381 residential units. A residential block (block 25) is also proposed to be rezoned, and is anticipated to be a condominium development containing a minimum of 33 townhouse units. These lands will be subject to future draft plan of condominium and site plan applications. - 16 - Information Report 09-23 Page 3 The table below summarizes the types and number of dwellings being proposed (not including the residential block 25). Residential Types Number of Units Detached Dwellings 218 units Street Townhouse Dwellings 89 units Back-to-back Townhouse Dwellings 52 units Rear-Lane Townhouse Dwellings 22 units Total 381 The proposal also includes blocks for an elementary school, park, stormwater management facility, and trail heads. The proposed draft plan of subdivision proposes to create a total of 32 blocks as illustrated on Attachment #4, Submitted Draft Plan of Subdivision. The table below provides land use details of the draft plan of subdivision: Land Use Total Blocks Area (hectares) Residential 26 10.23 Natural Heritage System 1 0.03 Stormwater Management Facility 1 1.68 Elementary School 1 2.57 Park 1 0.98 Trail Head 2 0.08 Municipal ROW 4.12 Totals 32 19.69 The neighbourhood park block is 0.98 of a hectare in size, and is located along the southerly boundary of the lands to align with the proposed park block located within the draft plan of subdivision to the south. That draft plan, submitted by Mattamy (Seaton) Limited, is also currently under review. The neighbourhood park will have a combined size of 2.0 hectares. Primary access to the proposed development will be provided from the future Peter Matthews Drive (Sideline 22). Additional connections include the future east-west road, Nathaniel Hastings Drive, and additional connections from existing and future local roads within the Wilson Meadows Neighbourhood Plan. The intent of the zoning by-law amendment is to rezone the lands to an appropriate zone category to permit the proposed uses and establish appropriate development standards. 5.1 Affordable Housing The applicant indicates in their submission that the mix of housing types will provide an opportunity to serve all sizes, incomes, and ages of households. The proposal provides for a range of housing forms including detached dwellings, and a variety of townhouse types. The proposal also includes a residential block, anticipated to be of condominium - 17 - Information Report 09-23 Page 4 development containing townhouse units, that will further expand the range of housing forms. 6. Policy Framework 6.1 Durham Regional Official Plan The subject lands are located within the Seaton Urban Area, and are designated as Special Policy Area A in the Regional Official Plan (ROP). The ROP policy refers to the now revoked Central Pickering Development Plan (the “CPDP”, which was revoked by the Province of Ontario in December 2022). The subject lands are designated as “Community Area” in the new ROP, which was adopted by Regional Council in May 2023, and forwarded to the Provinces for approval. Community Areas are intended to offer a complete living environment, and comprise housing, community uses, offices, institutional uses, and public service facilities, as well as a variety of cultural and recreational uses. The future Peter Matthews Drive is designated a “Regional Arterial Road Type B” and will connect with Highway 7. A future Highway 407 interchange is also planned. The proposal conforms to the policies of the ROP. 6.2 Pickering Official Plan The subject lands are designated “Urban Residential Areas – Low Density Areas” and “Urban Residential Areas – Medium Density Areas” in the Pickering Official Plan. The lands are located within the Seaton Urban Area. Chapter 11 of the Official Plan further refines the land use designations as well as establishes policies for such matters as the Seaton natural heritage system, cultural heritage, sustainable development, servicing, population targets and urban design. The subject lands are located within Neighbourhood 19: Wilson Meadows Neighbourhood Plan (see Attachment #3). The Neighbourhood is planned to have a range of low to medium land use densities, and include a variety of residential built forms. The lands subject to the application are designated as “Seaton Urban Area – Low Density Types 1 and 2 Areas”; “Seaton Urban Area – Medium Density Areas”, including lands designated for an “Elementary School”; and “Neighbourhood Park”. The Neighbourhood Plan also identifies lands for a Stormwater Management Facility, Trailheads and Terminal Views. The applicant’s proposal will be assessed against the policies and provisions of the Official Plan during the future processing of the applications. 6.2.1 Seaton Sustainable Place-Making Guidelines The Seaton Sustainable Place-Making Guidelines address the urban design guidelines contained within the CPDP (revoked December 2022), and expand upon the key design elements, set out minimum standards and benchmarks for plans of subdivision and site plans, and list the range of matters that are to be addressed in the development of the lands. The Guidelines also provide direction on the design of the public realm, built form, and green infrastructure and buildings. - 18 - Information Report 09-23 Page 5 The applications will be assessed against the policies and provisions of the Seaton Sustainable Place-Making Guidelines during the further processing of the applications. 6.3 Zoning By-law 3037 The subject lands are zoned “A” – Rural Agricultural Zone within Zoning By-law 3037, as amended, which currently permits a detached dwelling, home occupation, and various agricultural and related uses. The applicant is requesting to remove the subject lands from Zoning By-law 3037 and add them to the Seaton Zoning By-law 7364/14. Appropriate zone categories and provisions will be implemented to facilitate the implementation of the draft plan of subdivision. In accordance with the Pickering Official Plan, Chapter 11, Seaton Urban Area, the completion of a future transportation planning study is to be undertaken by the Seaton landowners, and completed before development proceeding beyond the Seaton first phase of development. An “H” Hold Zone will therefore be required for the lands. 7. Comments Received 7.1 Notice of Electronic Statutory Public Meeting Notice of the Electronic Statutory Public Meeting regarding this application was provided through a mailing of all properties within 500 metres of the entire subject site. Given that the lands do not have frontage on a municipal road, the Notice of the Public Meeting was placed in the Weekly Community Page on August 17, 2023, and August 31, 2023. 7.2 Resident comments As of writing this report, no comments or concerns have been received on the applications. 7.3 Agency Comments The applications have been circulated to the Region of Durham – Planning & Economic Development Department (Region) and the school boards. At the time of writing this report, no written comments have been received from these commenting agencies. 7.4 Toronto and Region Conservation Authority (TRCA) TRCA has provided the following key comments based on their role as a conservation authority: • further information is required as it relates to the on-site water management; and • submission of an Environmental Impact Statement required. 7.5 City Department Comments 7.5.1 Engineering Services As of writing this report, no comments have been received on the applications. - 19 - Information Report 09-23 Page 6 7.5.2 Sustainability • the applicant has submitted a Sustainability Place-Making Checklist, prepared by Korsiak Urban Planning. However, a Sustainability Development Report is required indicating how the proposal achieves Level 1; and • staff encourage the applicant to strive for “Enhanced” levels of sustainability to align with the City’s community sustainability goals and objectives. 8. Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance that have been identified by staff for further review and consideration. These matters, and others identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant before a final recommendation report to Planning & Development Committee: • ensure the applications will implement the City’s Official Plan and the Seaton Neighbourhood policies; • ensure the proposal is consistent with the City’s urban design goals and objectives in the Seaton Sustainable Place-Making Guidelines; • ensure the road pattern and lotting fabric achieve City design standards; • ensure the coordination of streets, parks and residential blocks with the application to the south, submitted by Mattamy (Seaton) Limited; • ensure that the proposed neighbourhood park block is appropriately designed and sized given the increase in the number of townhouse units in the application to the south of the lands Mattamy (Seaton) Limited; • review the suitability of the street townhouse Blocks 18 and 19 located along the frontage of the neighbourhood park, as the location of the townhouse blocks limit park frontage on a municipal road; • ensure the school board is satisfied with the school block size and frontage, given the limited frontage along municipal roads; • review the arrangement of blocks for detached and townhomes to ensure that on-street parking is adequate to support visitor parking; • ensure garages are appropriately sized to meet the needs of residents; • ensure that the submitted Functional Site Servicing Report is consistent with the Seaton Master Environmental Servicing Plan to the satisfaction of the Region, the City, and TRCA; and • ensure the proposed development contains appropriate sustainable development components, as well as encourage enhanced benchmarks in the Seaton Sustainable Place-Making Guidelines to reflect today’s best practices. Further issues may be identified following receipt and review of comments from the circulated departments, agencies, and the public. The City Development Department will conclude its position on the applications after it has received and assessed comments from the circulated department, agencies, and the public. - 20 - Information Report 09-23 Page 7 9. Information Received Copies of the plans and studies submitted for the revised application listed below are available for viewing on the City’s website at pickering.ca/devapp, or in person at the office of the City of Pickering, City Development Department: • Draft Plan of Subdivision, prepared by Korsiak Urban Planning, dated February 8, 2023; • Functional Servicing and Stormwater Management Report, prepared by R.J. Burnside Ltd., dated March, 2023; • Hydrogeological Assessment, prepared by R.J. Burnside Ltd., dated August 2013; • Arborist Report, prepared by R. J. Burnside Ltd., dated March 13, 2023; • Phase I ESA Update, prepared by Pinchin Ltd., dated March 2, 2020; • Phase II ESA Update, prepared by Pinchin Ltd., dated March 13, 2020; • Noise Study, prepared by YCA Engineering Ltd., dated February 10, 2023; • Parking Plan, prepared by Korsiak Urban Planning, dated March 24, 2023; • Traffic Impact Study, prepared by BA Group, dated March 24, 2023; • Geotechnical Report, prepared by AME, dated August 9, 2012; • Archaeological Assessment, prepared by Archaeological Assessment Ltd., dated September 2005; • Sustainable Development Guidelines Checklist, prepared by Korsiak Urban Planning, dated May 9, 2023; • Planning Rationale Report, prepared by Korsiak Urban Planning, dated March 2023; and • Affordable Housing Information, prepared by Mattamy Homes, dated May 2023. 9.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Hybrid Electronic Statutory Public Meeting; • all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; • any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and • any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. 10. Owner/Applicant Information The owner of the subject lands is Seaton TFPM Inc. (Seaton TFPM Inc. is a consortium of developers being, TACC Developments, Fieldgate Homes, Paradise Homes, and Mattamy Homes, and is represented by Korsiak Urban Planning. Attachments: 1. Location Map 2. Air Photo Map 3. Neighbourhood 19: Wilson Meadows Neighbourhood Plan 4. Submitted Draft Plan of Subdivision - 21 - Information Report 09-23 Page 8 Prepared By: Original Signed By Cristina Celebre, MCIP, RPP Principal Planner, Strategic Initiatives Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner CC:ld Date of Report: August 18, 2023 - 22 - Attachment #1 to Information Report 09-23 B rigadier A ve n u e Alexander Knox Road Highw ay 407 City Development Department Location MapFile:Applicant:Legal Description: SP-2023-02 & A 005/23 Date: Aug. 03, 2023 ¯ Seaton TFPM Inc. Part of Lots 21 and 22, Concession 5 SubjectLands L:\PLANNING\01-MapFiles\SP\2023\SP-2023-02, A 005-23 Seaton TFPM Inc\SP-2023-02, A 005-23_LocationMap_v2.mxd 1:8,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Si d e l i n e 2 0 F u t u r e P e t e r M a t t h e w s D r i v e - 23 - Attachment #2 to Information Report 09-23 S t illm e a d owLane T urnstone Boulevard Thunderbird Promenade Sw o r d b i l l S t r e e t Alexander Knox Road Br i g a d i e r A v e n u e Mu l b e r r y L a n e Ho l l y b e r r y T r a i l Si d e l i n e 2 0 WillowridgePath P eter Matthews Drive Whitevale Road Highway 407 Air Photo MapFile:Applicant:SP-2023-02 & A 005/23 Date: Aug. 14, 2023 ¯ Seaton TFPM Inc. L:\PLANNING\01-MapFiles\SP\2023\SP-2023-02, A 005-23 Seaton TFPM Inc\SP-2023-02, A 005-23_AirPhoto_v2.mxd 1:9,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City Development Department Legal Description:Part of Lots 21 and 22, Concession 5 F u t u r e P e t e r M a t t h e w s D r i v e Ownership Seaton TFPM Inc. Mattamy (Seaton) Limited Future Nathaniel Hastings Drive Future A l e x a n d e r K n o x R o a d Future Roads E E SubjectLands - 24 - Attachment #3 to Information Report 09-23 City Development Department July 12, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT.DATE: L:\Planning\01-MapFiles\SP\2023 Neighbourhood 19: Wilson Meadows Neighbourhood Plan SP-2023-02 & A 005/23 Seaton TFPM Inc.Applicant: Legal Description: File No: Part of Lots 21 and 22, Concession 5 N Subject Lands - 25 - Attachment #4 to Information Report 09-23 L:\Planning\01-MapFiles\SP\2023 August 17, 2023DATE: Applicant: 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-2023-02 & A 005/23 Seaton TFPM Inc. Legal Description:Part of Lots 21 and 22, Concession 5 N - 26 - Information Report to Planning & Development Committee Report Number: 10-23 Date: September 5, 2023 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application A 06/23 Taccgate Developments Inc. North and south sides of Taunton Road between Burkholder Drive and Peter Mathews Drive, and on the east side of Peter Mathews Drive Seaton Community 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for Zoning By-law Amendment, submitted by Taccgate Developments Inc., to facilitate future residential condominium developments on three separate properties in the area of Taunton Road and Peter Matthews Drive, within the Lamoreaux Neighbourhood. This report contains general information on the applicable Official Plan, and other related policies, and identifies matters raised to date. This report is intended to assist members of the public, and other interested stakeholders, to understand the proposal. The Planning & Development Committee will hear public delegations on the application, ask questions of clarification, and identify any planning issues. This report is for information, and no decision on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Development Review Process The City has revised the planning review process for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision and Site Plan Approval applications, as a result of the Provincial changes to the Planning Act, through Bill 109. Council approved the new planning review process on May 23, 2023, and is in effect for all application submissions received after June 30, 2023. The new process introduces a mandatory Pre-submission stage, which occurs before an actual development application is submitted to the City. This adjustment is aimed at ensuring the City meets the Planning Act approval/decision timelines and prevents the need to refund application fees. The subject application was submitted on May 10, 2023. As such, the new planning review process does not apply to this application. - 27 - Information Report 10-23 Page 2 3. Property Location and Description The subject lands consist of three separate sites, situated on the north and south sides of Taunton Road, between Burkholder Drive and Peter Matthews Drive (Sites A and B), and on the east side of Peter Matthews Drive, south of Taunton Road (Site C). Sites A, B and C have a combined area of approximately 19.98 hectares. They are located within the Lamoreaux Neighbourhood, in the Seaton Community (see Location Map, Attachment #1). For Site A, the City has issued a Topsoil Removal, Fill Placement, and Erosion and Sediment Control permit, to allow the applicant to regrade the site. The lands between Sites B and C, on the south side of Taunton Road, are currently vacant. However, the City is currently reviewing a Site Plan Application (file S 06/23), submitted by Seaton Commercial Development Limited, to develop these lands for a future commercial plaza (see Air Photo Map, Attachment #2). Surrounding land uses include: North: The lands located north of Site A are owned by Infrastructure Ontario (IO) and are designated as Seaton Natural Heritage System. Further north, are lands owned by 1133373 Ontario Inc. These lands have been approved for a residential subdivision that includes a total of 1,089 dwelling units, including detached and semi-detached dwellings, and townhouse units, as well as parks, schools, and open spaces. East: To the east of Site A, across Peter Matthews Drive, on the north side of Taunton Road, and to the east of Site C, across Aquarius Trail, are lands owned by IO and are designated as Seaton Natural Heritage System. South: To the south of Site B, across Marathon Avenue, is a residential subdivision that is currently under construction consisting of detached dwellings and townhouse units. West: To the west of Site A, on the north side of Taunton Road, are lands owned by IO, which are designated as Seaton Natural Heritage System. Further west, is the extension of Burkholder Drive. West of Site B, at the southwest corner of Taunton Road and Burkholder Drive, is the Mattamy Homes sales office. West of the sales office, is a residential condominium development consisting of 3-storey townhouse units. 4. Applicant’s Proposal Currently, all three sites are zoned to allow for a mix of commercial and residential uses, including live-work units, and, block townhouses and back-to-back townhouses in conjunction with apartment dwellings. The purpose of this application is not to eliminate the permitted commercial uses. Instead, the applicant intends to broaden the range of housing choices by adding a street townhouse dwelling to the list of permitted housing types. Additionally, the applicant is seeking to establish zoning standards that would make it possible to create freehold lots with a common element condominium tenure. Lastly, the applicant requests a site-specific exception to permit block townhouses, back-to-back townhouses, and street townhouses to be construction without the concurrent construction of an apartment building. - 28 - Information Report 10-23 Page 3 Each of the three sites will be developed individually. The applicant has indicated that Site A will be the initial focus of development, and has already submitted a Site Plan Application (file S 04/23), which is currently under review (see Concept Plan – Site A, and Condo Structure – Site A, Attachments #3 and #4). To support the rezoning request, the applicant has also submitted preliminary demonstration plans for Sites B and C. These plans are intended to show how these sites could potentially be developed in the future. The purpose of these demonstration plans is to help determine the appropriate zoning standards to be included in the implementing zoning by-law. Once the rezoning is approved, the applicant will need to submit applications for Draft Plan Condominium for each site. This step is necessary to establish the common elements within the respective plans. A detailed description of each site is discussed below. 4.1 Site A – North Parcel The submitted conceptual site plan illustrates a common element condominium development, consisting of a mix of townhouses, a future development block, which may contain a mixed-use apartment building, three private park blocks, two new public roads, and a network of private streets. The two local roads will have a right-of-way width of 17 metres. Street A is an east-west road, providing a connection between Peter Matthews Drive and Burkholder Drive. Street B is a north-south street, providing a connection between Taunton Road and Street A. Site A includes a total of 4 development blocks, of which 3 blocks will include a mix of townhouses, and one development block may contain a future mixed-use apartment building. All four blocks will be developed in phases. As noted above, a site plan application has been submitted, and is currently under review for the 3 development blocks containing the townhouses. The table below summarizes the key details of the Site A proposal: Provision Proposal Net Developable Area 9.18 hectares Residential Density 90 units per net hectare Total Number of Units 823 dwelling units Townhouses • 78 back-to-back townhouses • 84 street-townhouses • 105 rear-lane townhouses • 120 dual frontage townhouses Total: 387 townhouse units Private Parks • 840 square metres (west park) • 3,870 square metres (central park) • 1,720 square metres (east park) Total: 6,430 square metres - 29 - Information Report 10-23 Page 4 Provision Proposal Townhouse Vehicle Parking Resident Parking: • 2.0 parking spaces per unit for a total of 774 parking spaces Visitor Parking: • be provided at a minimum rate of 0.25 parking spaces per unit • A total of 102 parking spaces to be provided on-site of which 7 will be barrier-free spaces (providing a surplus of 5 spaces) Apartment Building • approx. 7,670 square metres • approx. 436 apartment units • approx. 654 parking spaces for residents and visitors The proposed townhouses will be 3 storeys in height, and have lot frontages ranging between 4.5 metres and 6.4 metres (see Typical Elevations: Dual Frontage Towns, Rear Lane Towns, Street Towns, and Back to Back Towns, Attachments #5 to #8). All three private park blocks are located north of Street A. Beneath each private park will be a below-grade stormwater storage chamber to contain the required storm flows on-site. The applicant has indicated that all three private parks will be publicly accessible, and maintained by the condominium corporation. As noted in the table above, 2 resident parking spaces are provided per townhouse unit. For the rear lane townhouse unit type, 2 spaces are proposed in the garage, and for the remainder of townhouse unit types, 1 parking space is located in a private garage and 1 is located on the driveway. Parallel visitor parking is provided within the private road right-of-way, and in dedicated parking areas distributed throughout the development. The proposed public roads can also accommodate another 39 on-street visitor parking spaces. All required resident and visitor parking for the future apartment building will be contained within the mixed-use development block to be further detailed by the applicant in a future submission. Vehicular access to each development block will be provided from proposed Streets A and B. 4.2 Site B – Southwest Parcel The submitted demonstration plan identifies a common element condominium development, containing a future apartment building at the southeast corner of Taunton Road and Burkholder Drive, various forms of townhouses, having access from an internal private road network, live-work units fronting a new north-south public road (split with the neighbouring commercial site), and two private parks (see Demonstration Plan – Site B, Attachment #9). - 30 - Information Report 10-23 Page 5 The table below summarizes the key details of the proposal: Provision Proposal Net Developable Area 5.69 hectares Residential Density 83 units per net hectare Total Number of Units 472 dwelling units Townhouse • 102 back-to-back townhouses • 36 street-townhouses • 72 dual-frontage townhouses • 12 live-work townhouses Total: 222 units Private Parks • 2,550 square metres (west park) • 890 square metres (east park) Total: 3,440 square metres Townhouse vehicle parking Resident Parking: • 2.0 spaces per unit for a total of 444 parking spaces Visitor Parking: • be provided at a minimum rate of 0.25 parking spaces per unit • a total of 57 parking spaces of which 7 are barrier-free spaces (providing a surplus of 1 space) Apartment Building • approx. 3,660 square metres • approx. 250 apartment units • approx. 376 parking spaces for residents and visitors Resident and visitor parking for the development is provided in the same general configuration as Site A. An additional 19 on-street parking spaces are proposed within the public road right-of-way. These spaces are intended to support the live-work units fronting the new street. The north-south road will provide a connection between Taunton Road and Marathon Avenue. Additional vehicular access to the site is provided from Burkholder Drive to the west. 4.3 Site C – Southeast Parcel The submitted demonstration plan identifies a common elements condominium development, containing various forms of townhouses, a future apartment building at the southeast corner of Taunton Road and Peter Matthews Drive, three private parks, and a network of private streets (see Demonstration Plan – Site C, Attachment #10). - 31 - Information Report 10-23 Page 6 The table below summarizes the key details of the proposal: Provision Proposal Net Developable Area 4.15 hectares Residential Density 93 units per net hectare Total Number of Units 386 dwelling units Townhouses • 38 back-to-back townhouses • 44 street-townhouses • 54 dual-frontage townhouses Total: 136 units Private Parks • 616 square metres (west park) • 1,030 square metres (south park) • 980 square metres (east park) Total: 2,626 square metres Townhouse Vehicle Parking Resident Parking: • 2.0 spaces per unit for a total of 272 parking spaces Visitor Parking: • be provided at a minimum rate of 0.25 parking spaces per unit • a total of 37 visitor parking spaces of which 2 are barrier- free spaces (providing a surplus of 3 spaces) Apartment Building • approx. 4,130 square metres • approx. 250 apartment units • approx. 376 parking spaces for residents and visitors Resident and visitor parking for the development is provided in the same general configuration as Site A. Vehicular access is proposed from Peter Matthews Drive and Aquarius Trail. 5. Policy Framework 5.1 Durham Regional Official Plan The Durham Regional Official Plan (DROP) identifies the subject property as being within ‘Specific Policy Area A (Pickering)’. The DROP policies refer to the now revoked Central Pickering Development Plan (revoked December 2022). A new DROP was adopted by Regional Council in May 2023 and forwarded to the Province for approval. The new DROP designates the subject site as a “Community Area”, which is intended to offer a complete living environment, and comprises housing, commercial uses, offices, institutional uses, community uses, public service facilities, and a variety of cultural and recreational uses. The proposal conforms to the policies of the new DROP. - 32 - Information Report 10-23 Page 7 5.2 Pickering Official Plan The subject lands are designated “Community Node”; and “Mixed Corridor on Schedule I of the Pickering Official Plan (POP). The subject site is further designated on Schedule VIII – Neighbourhood 16: Lamoreaux as: “Community Node”, “Mixed Corridor Type 2” with a “Gateway Site” symbol, and “Potential Multi-Use Area” (see Attachment #11). Chapter 11 of the Official Plan further specifies the land use designations and establishes policies for such matters as the Seaton natural heritage system, sustainable development, servicing, population targets and urban design. The Lamoreaux Neighbourhood is planned to have a broad range of land use densities, including commercial and mixed-use, and a variety of residential built forms with densities ranging including low, medium and high density. 5.2.1 Affordable Housing Section 6.4 of the Pickering Official Plan states that City Council shall require a minimum of 25 percent of new residential construction, on a City-wide basis, to be of forms that would be affordable to households of low or moderate incomes. Under the Official Plan, affordable is defined as annual housing costs (rent or mortgage payments) that do not exceed 30 percent of gross household income. The applicant has advised that no affordable housing units are proposed as part of this application. The applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications. 5.2.2 Seaton Sustainable Place-Making Guidelines The Seaton Sustainable Place-Making Guidelines address the urban design guidelines contained expand upon the key design elements such as setting out minimum standards and benchmarks for plans of subdivision and site plans, and list the range of matters that are to be addressed in the development of the lands. The Guidelines also provide direction on the design of the public realm, built forms and green infrastructure and buildings. Each site will be assessed against the policies and provisions of the Seaton Sustainable Place-Making Guidelines during the further processing of this application and subsequent site plan applications. 5.3 Zoning By-law 7364/14 The Seaton Zoning By-law 7364/14, was approved by the Ontario Municipal Board (OMB) on December 17, 2013 and January 24, 2014. As noted in Section 4 of this report, the requested rezoning application is to add a street townhouse dwelling to the list of permitted housing types; establish zoning standards that would allow the creation of freehold lots with a common element condominium tenure; and add an exception to permit block townhouses, back-to-back townhouses, and street - 33 - Information Report 10-23 Page 8 townhouses to be construction without the concurrent construction of an apartment building. Additionally, the applicant is requesting adjustments to the zoning performance standards for the live-work units within the Community Node-Pedestrian Predominant (CN-PP) zone category, to increase building height, and reduce the minimum private amenity area, and reduce the flankage yard setback for the live-work units. Lastly, the applicant is requesting to add a definition for “Private Park”. 6 Comments Received 6.1 Public Comments Notice of the Electronic Statutory Public Meeting, regarding this application, was provided through a mailing of all properties within 150 metres of the combined area of the 3 parcels. Six Public Meeting Signs were erected at the three properties on July 31, 2023. As of writing this report, the City has received 2 written and 2 verbal comments. The residents commented that the Seaton Community lacks basic commercial services such as grocery stores, restaurants, gas stations and medical facilities. They stated that new residential development should not be supported until such time as essential commercial services are established to service existing and future residents in the Seaton Community. In addition, they requested Council to consider the impact these new developments will have on traffic congestion, infrastructure capacity, and potential strain on emergency services. 6.2 Agency Comments 6.2.1 Region of Durham, Planning & Economic Development Department • Durham Region has no objection to the proposed rezoning application, subject to Regional Works Department comments supporting the development. 6.2.2 Region of Durham, Works Department • As of writing this report, no comments have been received for the application. 6.2.3 Durham Region Transit • In future submissions, the applicant is requested to provide more detail regarding the internal pedestrian network within and external to each site. • The applicant is to demonstrate how users of the adjacent commercial site will access future transit stops at Sites A, B, and C. • Sidewalks shall be constructed along Burkholder Drive, Taunton Road, Peter Matthews Drive, Marathon Avenue, Aquarius Trail, and along all proposed public streets and private roads in conjunction with the construction of the development. • On Site A, an accessible and well-lit pedestrian pathway should be provided from the southeast corner of the site to the future transit stops located at Taunton Road and Peter Matthew Drives. • On Site B, an accessible pedestrian connection to Taunton Road should be provided at the east end of the dual frontage townhouses along Taunton Road. - 34 - Information Report 10-23 Page 9 • On Site C, the pedestrian walkway located on the south park block, connecting to Marathon Avenue, shall be fully accessible and provide adequate lighting for pedestrian visibility and safe access to future transit services. 6.2.4 Toronto and Region Conservation Authority • As of writing this report, no comments have been received for the application. 6.2.5 Durham District School Board • DDSB has reviewed the application and has no objections to the proposed amendments. • It is requested that building unit counts (including bedroom allocations) be provided to determine accurate student yields. • Students generated from this development will attend neighbouring schools. 6.2.6 Durham Catholic District School Board • DCDSB has reviewed the application and has no objections to the proposed amendments. • Students generated from this development will attend neighbouring schools. 6.3 City Department Comments 6.3.1 Engineering Services • As of writing this report, no comments have been received on the application. 7 Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance that have been identified by staff for further review and consideration. These matters, and others identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant before a final recommendation report to Planning & Development Committee: • ensure the application implements the City’s Official Plan and the Seaton Neighbourhood policies; • ensure the proposal is consistent with the City’s urban design goals and objectives in the Seaton Sustainable Place-Making Guidelines; • ensure appropriate density provisions are included in the implementing zoning by-law to meet the minimum density requirement as required in the Community Node and Mixed Corridor Type 2 designations; • require the development blocks containing an apartment building to include a minimum gross leasable floor area for commercial/retail uses to achieve the intent of the Mixed Corridor Type 2 designation; - 35 - Information Report 10-23 Page 10 • explore whether the interior garage size can be increased to ensure residents can adequately park a vehicle and accommodate internal storage, bikes and waste containers; • ensure sufficient space is provided within the development for snow storage areas, utilities, hydro transformers, light standards, water meter room, community mailboxes and municipal waste collection; • require that the appropriate setbacks are applied to allow for sufficient space for projections, encroachments, soft landscaping, pedestrian walkways, and grading as well as to ensure the final built form achieves a high-quality public realm; • ensure each development block provides the minimum required visitor parking spaces and are appropriately distributed within each block; • evaluate the design of the pedestrian connections to ensure they are appropriate within the sites and connect to Taunton Road and planned transit stops; • ensure the size and location of the private park blocks within Site A are appropriate to service the future residents within this development; • provide a concept plan illustrating the future programming for the proposed private park areas; and • ensure that the proposed development contains appropriate sustainable development components. Further issues may be identified following receipt and review of comments from the circulated departments, agencies and the public. The City Development Department will conclude its position on the applications after it has received and assessed comments from the circulated department, agencies and the public. 8. Information Received Copies of the plans and studies submitted in support of the application(s) are listed below and available for viewing on the City’s website at pickering.ca/devapp or at the offices of the City of Pickering, City Development Department: • Planning Rationale Report, prepared by Korsiak Urban Planning, dated May 2023; • Draft Zoning By-law Amendment and Schedule, prepared by Korsiak Urban Planning dated May 2023; • Overall Concept Plan, prepared by Hunt Design, dated March, 2023; • Site Plan – Site A, prepared by Hunt Design, dated March, 2023; • Typical Townhouse Elevations, prepared by Hunt Design, dated March, 2023; • Parcel of Tied Land Plan for Site A, prepared by Hunt Design, dated March, 2023; • Renderings, prepared by Hunt Design, dated March, 2023; and • Survey, prepared by J.D. Barnes, dated March, 2020. 9. Procedural Information 9.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Statutory Public Meeting; - 36 - Information Report 10-23 Page 11 •all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; •any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and •any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. 10.Ow ner/Applicant Information The owner of the subject lands is Taccgate Developments Inc., who is being represented by Korsiak Urban Planning. Attachments: 1.Location Map 2.Air Photo Map 3.Concept Plan – Site A 4. Condo Structure – Site A 5. Elevation – 4.5M Typical Dual Frontage Towns 6. Elevation – 6.0M Typical Rear Lane Towns 7. Elevation – 6.0M Typical Street Towns 8. Elevation – 6.4M Typical Back-to-back Townhouse 9.Demonstration Plan – Site B 10.Demonstration Plan – Site C 11.Neighbourhood 16: Lamoreaux Neighbourhood Plan Prepared By: Original Signed By Liam Crawford Planner II Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner LC:ld Date of Report: August 18, 2023 - 37 - Attachment #1 to Information Report 10-23 H i b i s c u s D r i v e Marathon Avenue B urkholderDrive Cameo Street Pe t e r M a t t h e w s D r i v e CactusCresce nt Taunton Road City Development Department Location MapFile:Applicant:Property Desc: A 06/23 Date: May. 23, 2023 ¯ E Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 SubjectLands L:\PLANNING\01-MapFiles\A\2023\A 06-23 Taccgate Developments Inc\A06_23_LocationMap.mxd 1:6,500 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Kings Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. E CB A E Bu r k h o l d e r D r i v e Aquarius T r a i l De l p h i n i u m T r a i l Ap r i c o t L a n e At h e n a P a t h Azalea Avenue - 38 - Attachment #2 to Information Report 10-23 Skyridge Bou l e v a r d H i b i s c u s D r i v e Marathon Avenue D r a g o n f l y Avenue Bu r k h o l d e r D r i v e Cameo Street B e l cou r t S t reet Fa l l H a r v e s t C r e s c e n t Azale a A v e n u e De l p h i n i u m T r a i l Ti g e rlil y T r a il Pe t e r M a t t h e w s D r i v e Ke y s t o n e M e w s Chat ea u C o urt F a s h i o nL a n e Ca r i n a T e r r a c e T a n g r e e n T r a i l Cit r i n e S t r e e t Sp i n d l e M e w s An g o r a S t r e e t CeriseManor At hena Pat h Cac t us Crescen t Taunton Road Ap r i c o t L a n e O r e n d a S treet So l s t i c e M e w s A q u a r i u s T r a i l Air Photo MapFile:Applicant:Legal Description: A 06/23 Date: Aug. 17, 2023 ¯ Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of L:\PLANNING\01-MapFiles\A\2023\A 06-23 Taccgate Developments Inc\A06_23_AirPhoto_v2.mxd 1:6,500 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Kings Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and itssuppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City Development Department E E CB A Blk 188, 40M-2671 CommercialLands E SubjectLands - 39 - Attachment #3 to Information Report 10-23 L:\Planning\01-MapFiles\A\2023 DATE: Applicant: Legal Description: File No: Concept Plan - Site A FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 06/23 Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 N August 17, 2023 Taunton Road Pe t e r M a t t h e w s D r i v e Street A St r e e t B B u r k h o l d e r D r i v e - 40 - Attachment #4 to Information Report 10-23 L:\Planning\01-MapFiles\A\2023 DATE: Applicant: Legal Description: File No: Condo Structure - Site A FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 06/23 Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 N August 17, 2023 Taunton Road Pe t e r M a t t h e w s D r i v e S t r e e t B B u r k h o l d e r D r i v e Street A - 41 - Attachment #5 to Information Report 10-23 L:\Planning\01-MapFiles\A\2023 DATE: Applicant: Legal Description: File No: Elevation - 4.5M TYPICAL Dual Frontage Towns FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 06/23 Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 August 9, 2023- 42 - Attachment #6 to Information Report 10-23 L:\Planning\01-MapFiles\A\2023 DATE: Applicant: Legal Description: File No: Elevation - 6.0M TYPICAL Rear Lane Towns FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 06/23 Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 August 9, 2023- 43 - Attachment #7 to Information Report 10-23 L:\Planning\01-MapFiles\A\2023 DATE: Applicant: Legal Description: File No: Elevation - 6.0M TYPICAL Street Towns FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 06/23 Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 August 9, 2023- 44 - Attachment #8 to Information Report 10-23 L:\Planning\01-MapFiles\A\2023 DATE: Applicant: Legal Description: File No: Elevation - 6.4M TYPICAL Back-to-back Towns FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 06/23 Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 August 9, 2023- 45 - Attachment #9 to Information Report 10-23 L:\Planning\01-MapFiles\A\2023 DATE: Applicant: Legal Description: File No: Demonstration Plan - Site B FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 06/23 Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 N August 17, 2023 Taunton Road St r e e t B B u r k h o l d e r D r i v e Marathon Avenue - 46 - Attachment #10 to Information Report 10-23 L:\Planning\01-MapFiles\A\2023 DATE: Applicant: Legal Description: File No: Demonstration Plan - Site C FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 06/23 Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 N August 17, 2023 Taunton Road Marath o n A v e n u e Pe t e r M a t t h e w s D r i v e Aq u a r i u s T r a i l - 47 - Attachment #11 to Information Report 10-23 L:\Planning\01-MapFiles\A\2023 DATE: Applicant: Legal Description: File No: Neighbourhood 16: Lamoreaux Neighbourhood Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 06/23 Taccgate Developments Blk 76, 40M-2664 & Blks 187 197, 203, Part of Blk 188, 40M-2671 N August 9, 2023 Subject Lands - 48 - Report to Planning & Development Committee Report Number: PLN 29-23 Date: September 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: City Initiated Official Plan Amendment 49 - Changes to the policies and regulations for Additional Dwelling Units - File: OPA 23-002/P Recommendation: 1. That Official Plan Amendment Application OPA 23-002/P, initiated by the City of Pickering, to amend existing policies and introduce new policies related to additional dwelling units, as set out in Exhibit ‘A’ to Appendix I to Report PLN 29-23, be approved; 2. That the Draft By-law to adopt Amendment 49 to the Pickering Official Plan, to amend existing policies and introduce new policies to the Pickering Official Plan with regard to additional dwelling units, as set out in Appendix I to Report PLN 29-23, be enacted; 3. That Zoning By-law Amendment Application A 04/23, initiated by the City of Pickering, to implement Official Plan Amendment 49, be approved, and that the Recommended Draft Zoning By-law Amendments as set out in Appendices ll to VII to Report PLN 29-23 be finalized and forwarded to Council for enactment; 4. That the Additional Dwelling Unit Registration By-law, as set out in Appendix VIII to Report PLN 29-23, be enacted; and 5. That a copy of the staff report, the adopting by-law, and two copies of the adopted Amendment be forwarded to the Region of Durham. Executive Summary: On November 28, 2022, Bill 23, the More Homes Built Faster Act, received Royal Assent, which requires municipalities to permit up to two additional dwelling units (ADUs) on all urban (serviced) properties that contain a detached dwelling, semi-detached dwelling, block townhouse dwelling and/or street townhouse dwelling. Adopting clear policies and regulations that support ADUs will create an opportunity for these unique forms of housing to be accommodated within the City and ensure that they are compatible with existing residential development. ADUs exclusively are not the solution to affordable housing, but they are one part of addressing critical housing needs in Pickering. Financial Implications: No direct costs to the City are anticipated as a result of the adoption of the recommendations of this report. - 49 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 2 1. Description and Benefits of Additional Dwelling Units Additional Dwelling Units (ADUs) are self-contained units that may be located in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit, or in an accessory building located on the same lot as the dwelling types listed above. An ADU consists of one or more rooms intended for residential occupancy as an independent and separate residence. As such, ADUs include their own cooking, sleeping, and sanitary facilities. Access to an ADU can be provided either from an exterior door or from a common hallway. ADUs can support a range of housing options from market-rate rentals to alternative housing options for extended families, elderly parents, or live-in caregivers. They help create mixed-income neighbourhoods, and provide alternatives for residents wishing to “age in place”. ADUs gently densify existing neighbourhoods by making efficient use of existing municipal services. Currently, existing ADUs located in basements are only universally accessible if the grade of the property permits a basement walkout. The proposed ADU regulations will also permit the construction of detached units, which are at-grade, and can provide an accessible entrance. ADUs are not, by definition, affordable housing. However, properties containing ADUs will permit property owners to draw rental income (either short or long-term). This will assist in making home ownership more attainable, while at the same time increasing housing within neighbourhoods that are supported by existing services and amenities. While ADUs are not subject to development charges, (a combined savings of between $40,000.00 to $62,000.00 from City, Regional, and school board charges), the costs of construction can be significant, especially for detached ADUs. Therefore, it is difficult to predict whether rents for newly constructed ADUs will be affordable. However, the creation of more ADUs within the City will increase the number of rental units available in the local market, and will be part of the solution to the current housing crisis. 2. Background On November 28, 2022, Bill 23, the More Homes Built Faster Act, received Royal Assent. Among other changes to the Planning Act, Bill 23 requires municipalities to permit up to two ADUs on all urban (serviced) properties that contain a detached dwelling, semi-detached dwelling, block townhouse dwelling and/or street townhouse dwelling. Municipalities are also given the option to permit up to two ADUs on all rural (unserviced) properties containing the same dwellings. For properties without piped water and sanitary servicing, the ability to build any additional units would be subject to the approval of the Regional Health Unit. - 50 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 3 Figure 1 – Illustration of up to two ADUs on a property now permitted by Bill 23 While the Province has mandated the permission for ADUs in all communities across Ontario, they have left it up to individual municipalities to design regulations that will reflect local context and priorities (the only mandated requirements from the Province are maximum parking requirements, and minimum floor area requirements). Since all municipalities are in the midst of implementing the new ADU legislation, a comparative analysis with other municipalities was not possible. Draft regulations were prepared and presented to the public at an open house held on April 4, 2023. A summary of the comments received at the open house are contained in Information Report 05-23. A Statutory Public Meeting was held on May 1, 2023, to present proposed amendments to the Official Plan and all six Zoning By-laws. The proposed amendments would permit up to two ADUs on all qualifying residential lots. Comments received from the public, commenting agencies, and from members of the Planning & Development Committee at the Public Meeting are addressed in this report, and have informed the final draft amendments. 3. Public Comments Three members of the public spoke at the Public Meeting. All three expressed support for the City’s proposed ADU policies and regulations. In addition, comments were also raised about: • keeping the municipal approval costs low for new ADUs; • the challenge of providing a 1.2 metre path of travel from the door of an ADU out to the street; and • the use of ADUs as short-term rentals. The cost to a property owner for the municipal review and approval of a new ADU includes the Building Permit fee (price determined by the size of the unit and the amount of construction), and the ADU Registration fee ($500.00). As noted above, the Province of Ontario already exempts ADUs from the payment of development charges. The draft regulations require that a 1.2 metre path of travel be provided from the entrance of an ADU to a public or private street. This is to ensure that there is safe access to and from the unit for emergency personnel, who are providing aid and assistance to the residents of the ADU (i.e., bringing out an ill resident on a stretcher). The same 1.2 metre path of travel could serve multiple ADUs on a property. Discussion on short-term rentals is contained in Section 4.1 of this report. - 51 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 4 3.1. Survey of Existing ADU Property Owners In addition to public comments received at the April Open House and the May Public Meeting, the City Development Department invited all owners of legally registered ADUs to participate in a survey. The purpose of the survey was to better understand the current experience of those who own and operate ADUs in Pickering. The survey was also an opportunity to inform these owners about the proposed regulations and invite their comments. A summary of the survey results is contained in Attachment #2. 4. Committee Comments During the Public Meeting on May 1, 2023, the Planning & Development Committee raised some questions about the proposed regulations, and the type of construction that would result from them. Those comments included: • the potential impacts of using ADUs as short-term rentals; • increasing the amount of landscape open area versus driveway space; • permitted locations of ADUs on a property; • ADU design requirements; • minimum size of ADUs; and • conversion of attached garages into ADUs. 4.1. Short-term Rentals (STRs) A concern was raised about ADUs being used as STRs, where such homes may be rented for parties, causing disruptive and unruly behavior from its occupants. By definition, ADUs comprise either the second or third dwelling on a property. An ADU is physically smaller in size than the whole home and is required to share amenities, such as the driveway, and the yard. A property containing an ADU will have at least one other resident/tenant on the same property. This should assist in managing any noise and disturbance within the site before it reaches a level of it being disruptive to neighbouring properties. Unlike the use of an entire home as a STR, an ADU used for a STR would not offer the same conditions (large, unsupervised space) that has the potential to lead to disruptive behavior in the first place. It is worth noting that ADUs (i.e., basement apartments) are already permitted today. None of the complaints received by Municipal Law Enforcement for STRs are related to ADUs, but are instead from entire homes that have been rented as STRs. In the case of ADUs, having more than one occupant/tenant on a lot means that there are other households on-site and in close proximity that need to be respected. It is likely that lots containing ADUs will continue to “self-police” themselves for noise and other disturbances. The changes mandated by the Province will lead to an increased number of ADUs within the City. It is possible that some of those new units may be used as STRs. At the time of construction, there is no way to determine whether an ADU will be used for long-term rental, short-term rental, or for use by an extended family member (i.e., adult child or senior parent). Furthermore, the use of an ADU may change over time as property owners change and/or the needs of the current owner change. - 52 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 5 The regulation of STRs in Pickering is being further investigated through a separate process for report back to the Planning & Development Committee. 4.2. Landscaped Open Area It is expected that some property owners may need to widen their driveways to accommodate the additional parking needed for ADU tenants. The draft regulations presented at the Public Meeting proposed a minimum of 30% of the front yard be maintained as landscaped open area. A question was raised about whether the amount of landscaped open area could be increased to 50% of the front yard. Typical urban lot sizes in Pickering range from 15.0 metres (50 foot) to 9.0 metres (30 foot) lots for detached dwellings to 7.5 metres (24.5 foot) lots for semi-detached dwellings and 6.0 metres (20 foot) lots for townhomes. It is expected that larger lots will possess the greatest capacity for accommodating ADUs. However, the City has already seen some townhouses being renovated to accommodate ADUs. In order to ensure compliance with this legislation, the City cannot create regulations that would overtly prohibit ADUs. In other words, the City cannot require the provision of parking but not permit driveways to be widened to accommodate additional parking. City regulations need to be practical and achievable. The greater the landscaped open area in the front yard, the less area is available for parking spaces. The fewer the parking spaces, the fewer the number of ADUs that can be created. Staff have modeled a number of scenarios to understand how much parking may be required for ADUs, and how much space could be maintained for landscaped open areas. As a result, the landscape open area requirements have been revised to provide an alternative provision for lots with frontages greater than 12.0 metres, as set out in Table 1 below. The revised landscaped open area percentages will accommodate a minimum of two outdoor parking spaces on the driveway for all properties. Larger properties will be able to accommodate either two, or three, outdoor parking spaces, while also accommodating more space for landscaped open areas. Table 1 – Minimum Landscape Open Area In All Yards Used for Parking Lot Frontage 0.0 – 12.0 metres Greater than 12.0 metres Min. landscaped open area in all yards used for parking 30% 45% In some instances property owners may have already widened their driveways greater than what is permitted. In order to receive approval to construct an ADU, a property owner will be required to first demonstrate conformity with the landscaped open area requirements. This will mean that, in some instances, property owners will be required to reduce the size of the existing driveway, and increase the amount of landscape open space, to conform to zoning and thereby qualify for a building permit for an ADU. - 53 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 6 4.3. Location of ADUs on the Property All residential properties have a front yard setback that determines how close to the street a dwelling can be built. This front yard setback applies equally to both the main house and a detached ADU. In most urban neighbourhoods, the main house is built at or near the front yard setback. This allows for a greater amount of space to be provided in the backyard. However, there are circumstances, particularly in the rural area, where dwellings on large lots were built far from the street. In those circumstances, it would be permissible for a detached ADU to be constructed in the front yard of the property, between the house and the street, while still maintaining the minimum front year setback (see Figure 2). Figure 2 – Example of an ADU constructed in the front yard In the case of a corner lot, a setback requirement is also provided from the exterior side yard to determine how close the dwelling may be from the side street. This exterior side yard setback applies equally to both the main house and the detached ADU (see Figure 3). In urban neighbourhoods, the modest size of the lots, in combination with the front yard and exterior side yard setbacks, will ensure that any detached ADUs are located in the back yard. - 54 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 7 Figure 3 – Example of ADU on a corner lot 4.4. ADU Design and Neighbourhood Character In September 2021, Council approved the Infill and Replacement Housing (IRH) By-law which is intended to ensure that new development, within an Established Neighbourhood Precinct, complements and is compatible with the existing character of the established neighbourhood. (That By-law was subsequently appealed to the Ontario Land Tribunal.) The IRH By-law set unique zoning requirements for a variety of items including: • maximum dwelling height; • minimum and maximum front yard setbacks; • lot coverage; and • maximum driveway width. The maximum size of detached ADUs throughout the City, including neighbourhoods covered by the IRH By-law, will be limited to 50% of the maximum size of the main dwelling on the property. In addition, the size of the detached ADU will also be limited by the existing permitted lot coverage. For properties without a lot coverage requirement, a maximum lot coverage of 35% will be used to calculate ADU size. This lot coverage requirement is reflective of the lot coverage requirement that already applies to most residential properties in Pickering. On properties with an area of 2,000 square metres or less, the maximum height of detached ADUs will be 4.5 metres. Within neighbourhoods covered by the IRH By-law, the maximum height of the main house is 9.0 metres. The height of detached ADUs will be complementary in size to the main house (see Figure 4). Though smaller than the main house on the property, detached ADUs will be subject to the same construction requirements in the Ontario Building Code. In conformity with the Ontario Building Code, the owner will then be able to choose the building style and the exterior cladding for the detached ADUs as they see fit. - 55 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 8 Figure 4 – Maximum building heights for properties subject to the Infill and Replacement Housing By-law The minimum landscape open area requirements proposed by the ADU amendments will not override the maximum driveway width requirements in the IRH By-law (if approved by the Ontario Land Tribunal). Limits on driveway widths contained in the IRH By-law will prevail over the permissions contained in the ADU amendments. The minimum and maximum front yard setback requirements in the IRH By-law ensure that new homes in this area will be constructed close to the street and approximately in line with adjacent homes. As a result, there will be no space for detached ADUs to be constructed in the front yard of properties under the IRH By-law. The proposed ADU requirements, in combination with the IRH By-law, will offer flexibility to property owners looking to construct detached ADUs while still maintaining the character of the established neighbourhood. 4.5. Minimum size of ADUs In permitting ADUs, the Planning Act expressly prohibits municipalities from setting minimum floor area requirements. Instead, the Ontario Building Code sets out the minimum building areas for the creation of a safe living space. However, the proposed amendments will regulate the maximum floor area of an ADU. 4.6. Conversion of Attached Garages into ADUs In some instances, property owners may choose to convert an existing, attached garage in order to create an ADU attached to the main house. In principle, this conversion will be permitted. However, property owners must ensure that they are still able to provide all required parking for both the existing house and the new ADU. If the garage is needed to provide required parking, the conversion will not be permitted. 5. Department and Agency Comments Drafts of the proposed amendments were circulated to City staff (Engineering Services, Building Services, Municipal By-Law Enforcement), Central Lake Ontario Conservation Authority (CLOCA), Toronto and Region Conservation Authority (TRCA), and the Region of Durham. - 56 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 9 City staff have no objections to the proposed regulations. Recommendations from CLOCA and TRCA, prohibiting ADUs from locating in hazard lands, were incorporated into the latest draft amendments. The Region of Durham has no issues with the proposed amendments as they are in keeping with Provincial direction. The proposed amendment to the Official Plan is exempt from Regional approval. 6. Revisions to Draft Regulations Based on comments received at the Open House and the Public Meeting, the proposed zoning by-law amendments contain the following revisions: 1. Clarified that detached ADUs will not be permitted within areas of a lot that are hazard lands or subject to flooding. 2. Clarified that ADUs within the principle dwelling will not be permitted inside an existing dwelling that is already at risk due to being located within hazard land or located in part of a lot that is subject to flooding. 3. Clarified that all ADUs must provide a 1.2 metre path of travel from the door of the unit to either a public or a private street. The 1.2 metre path of travel may be shared and used jointly by more than one ADU and/or dwelling unit on the lot. 4. Increased the minimum landscape open area, for all yards used for parking, to 45% for lots with frontages greater than 12.0 metres. 5. Added a 35% lot coverage requirement for the purposes of calculating the maximum size of an ADU, for properties in zones that does not include this requirement. 6. Clarified that accessory dwellings in agricultural zones (“Bunkies” for farm labourers) are still permitted. 7. Clarified that coach houses will continue to be permitted in addition to ADUs. 7. Minor Variances The proposed zoning by-law amendments provide the criteria for permitting ADUs on a lot. While the proposed regulations have been tested against a number of different scenarios, it is expected that there will still be properties with unique conditions that may prevent them from meeting the proposed regulations. In those situations, property owners may submit a minor variance application to request relief from a given provision in the by-law. Each minor variance application will be evaluated on its own merit. The approval of a variance for one property is not precedent-setting and does not obligate the Committee of Adjustment to reach a similar decision on a different property. The description of regulation intents contained in Information Report 05-23 and PLN 29-23 will be used to help evaluate those requests. - 57 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 10 8. Review and Update as Required The proposed zoning regulations will create the opportunity for new ADUs to be constructed while also protecting the character of existing neighbourhoods. Some properties will be unable to accommodate ADUs due to existing factors such as lot size, principal dwelling size, insufficient on-site parking, lack of safe access to the proposed apartments, and the presence of hazardous lands such as slopes and floodplains. The new Provincial legislation has already motivated some property owners to investigate the opportunity of constructing one or two ADUs on their lot. However, the general costs of constructing legal ADUs will limit the number of ADUs that are created. As a result, it is not expected that the City will be overwhelmed with permit applications for new ADUs as a result of approving the proposed amendments. Once the proposed amendments have been approved, staff will monitor the City’s experience of new ADUs to evaluate if any changes are needed to effectively incorporate ADUs into the City’s existing neighbourhoods. 9. Conclusion Recommended Amendment 49, Recommended Draft By-law Amendments, and Recommended Additional Dwelling Unit Registration By-law, incorporate modifications that conform with the requirements under the Planning Act brought forward by Bill 23. Staff recommendations: a) That Council approve Recommended Amendment 49 to the Pickering Official Plan by passing the by-law to adopt Amendment 49, as set out in Appendix I to Report PLN 29-23; b) That Zoning By-law Amendment Application A 04/23, initiated by the City of Pickering, to implement Official Plan Amendment 49, be approved, and that the Recommended Draft Zoning By-law Amendments as set out in Appendices ll to VII to Report PLN 29-23 be finalized and forwarded to Council for enactment; and c) That the Additional Dwelling Unit Registration By-law, as set out in Appendix VIII to Report PLN 29-23, be enacted. Appendices: Appendix I Draft By-law to adopt Amendment 49 to the Pickering Official Plan Appendix II Draft Zoning By-law Amendment (2511) Appendix III Draft Zoning By-law Amendment (2520) Appendix IV Draft Zoning By-law Amendment (3036) Appendix V Draft Zoning By-law Amendment (3037) Appendix VI Draft Zoning By-law Amendment (7364/14) Appendix VII Draft Zoning By-law Amendment (7553/17) Appendix VIII Draft Additional Dwelling Unit By-law - 58 - PLN 29-23 September 5, 2023 Subject: City Initiated Official Plan Amendment 49 Page 11 Attachments: 1.Extract from Information Report 05-23 2.Results from Survey of Existing ADU Property Owners Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO PW :ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 59 - Appendix I to Report PLN 29-23 Draft By-law to Adopt Amendment 49 to the City of Pickering Official Plan - 60 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a By-law to adopt Amendment 49 to the Official Plan for the City of Pickering (OPA 23-002/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 49 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 49 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 XX day of XXXX, 2023. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk - 61 - Exhibit “A” to By-law XXXX/23 Amendment 49 to the City of Pickering Official Plan - 62 - Proposed Amendment 49 to the Pickering Official Plan Purpose: The purpose of Amendment 49 is to bring the Pickering Official Plan into conformity with the Planning Act, R.S.O. 1990, c. P.13. for policies that permit additional dwelling units. Location: The Amendment contains policies that apply City-wide including urban and rural areas. Basis: Bill 108, More Homes, More Choice: Ontario’s Housing Supply Action Plan, included changes to the Planning Act to support the construction of additional dwelling units (ADUs) on a lot. These changes included: • allowing municipalities to effectively allow up to three residential units on a single lot, being one additional unit in the single detached, semi-detached, block townhouse dwelling unit, or street townhouse dwelling unit; or one additional unit in an accessory structure on the lot supporting the single detached, semi-detached, block townhouse dwelling unit or street townhouse dwelling unit; or two additional units in the single, semi-detached, block townhouse dwelling unit or street townhouse dwelling unit; or one additional unit in the existing dwelling and one additional unit on the lot; • prohibiting municipalities from applying a development charge for ADUs (subject to restrictions); • prohibiting municipalities from setting a minimum floor area for ADUs; and • prohibiting municipalities from requiring more than one additional parking space for each ADU. Bill 23, More Homes Built Faster, extended the permissions provided by Bill 108. Where Bill 108 allowed municipalities to permit up to two ADUs on a lot, Bill 23 now requires municipalities to permit up to two ADUs on a serviced lot. In addition, those two ADUs may now both be located within a detached dwelling, semi-detached dwelling, block townhouse unit, or street townhouse unit. Actual Amendment: The City of Pickering Official Plan is hereby amended by: (New text is shown as underlined text, deleted text is shown as strikeout text, and retained text is shown as unchanged text.) 1. Revising City Policy 3.4, Land Use Definitions, in Chapter 3 – Land Use, as follows: “3.4 For the purpose of this Plan, City Council shall define: (a) “net residential density” as the total number of dwellings per hectare of net residential site area, and shall not consider accessory additional dwelling units as dwelling units for the purpose of calculating density;” - 63 - Proposed Amendment 49 to the Pickering Official Plan Page 2 2. Revising City Policy 3.9, Urban Residential Areas, in Chapter 3 – Land Use, by deleting the word “and” at the end of policy 3.9 (d); and adding the word “and” at the end of policy 3.9 (e); and adding new subsection (f) as follows: “(d) …; and (e) ….; and (f) shall not count additional dwelling units towards the density calculations contained in Table 9.” 3. Revising City Policy 6.3, Housing Mix and Supply, in Chapter 6 – Housing, by deleting the word “and” at the end of policy 6.3 (c); and adding the word “and” at the end of policy 6.3 (d) (iv); and adding new subsection (e) as follows: “(c) …; and (d) ….; and (e) permitting additional dwelling units on any property that contains a single detached dwelling, semi-detached dwelling, block townhouse dwelling unit or street townhouse dwelling unit, in conformity with Provincial policy and any other applicable legislation.” 4. Revising City Policy 6.4 (e), Affordable and Special Needs Housing, in Chapter 6 – Housing, as follows: “(e) zone to permit accessory apartments, garden suites, additional dwelling units in all residential areas, and rooming homes where appropriate; and” 5. Adding new City Policy 6.7 to Chapter 6 – Housing, as follows: “6.7 Additional Dwelling Units City Council shall: (a) permit one additional dwelling unit in a single detached dwelling, semi-detached dwelling, block townhouse dwelling unit or street townhouse dwelling unit and one additional dwelling unit within a building accessory to a single detached dwelling, semi-detached dwelling, block townhouse dwelling unit or street townhouse dwelling unit, on the same lot. The additional dwelling unit within an accessory building shall not be located within a Key Natural Heritage Feature, Key Hydrological Feature, or hazardous lands; (b) permit two additional dwelling units in a single detached dwelling, semi-detached dwelling, block townhouse dwelling unit or street townhouse dwelling unit provided that no additional dwelling unit exists within a building accessory to a single detached dwelling, semi-detached dwelling, block townhouse dwelling unit or street townhouse dwelling unit, on the same lot. The additional dwelling units shall not be permitted where the existing dwelling, is located within hazardous lands; - 64 - Proposed Amendment 49 to the Pickering Official Plan Page 3 (c) notwithstanding Sections 6.7 (a) and 6.7 (b), within the Oak Ridges Moraine, as shown on Schedule I of this Plan: (i) permit a maximum of one additional dwelling unit within the Prime Agricultural Area, Rural, and Hamlet designations, on a lot, within a single detached dwelling; and (ii) not permit additional dwelling units within the Natural Core Area and Natural Linkage Area designations; (d) notwithstanding 6.7 (b), within the Protected Countryside of the Greenbelt Plan, an additional dwelling unit is permitted within an existing accessory building that was constructed on or before (or where building permits were issued prior to) July 1, 2017; (e) require all additional dwelling units to be registered with the City; and (f) not permit an accessory building containing an additional dwelling unit to be severed from the lot accommodating the principal dwelling. In no case shall an additional dwelling unit be considered a residence surplus to a farm operation.” 6. Revising City Policy 8.2, Cultural Heritage Objectives, in Chapter 8 – Cultural Heritage, by deleting the word “and” at the end of policy 8.2 (e); and adding the word “and” at the end of policy 8.2 (f); and adding new subsection (g) as follows: “(e) where possible, ensure development, infrastructure, capital works and other private and public projects conserve, protect and enhance important cultural heritage resources; and (f) involve the public, business-people, landowners, local heritage experts, heritage committees, relevant public agencies, and other interested groups and individuals in cultural heritage decisions affecting the City.; and (g) not limit the creation of additional dwelling units, within a building and/or property containing, or adjacent to, cultural heritage resources. 7. Revising City Policy 11.48, Affordable Housing Strategy, in Chapter 11 – Seaton Urban Area, as follows: “11.48 City Council shall require the Seaton Urban Area be planned to achieve 25 percent of new residential units in housing forms considered affordable to low and moderate-income households based on the definition in the Provincial Policy Statement. This target shall be achieved primarily through home ownership in multiple unit, ground related housing and in small apartment units. Rental housing will be provided through the rental of condominium apartment units, secondary suites additional dwelling units and purpose-built rental housing. It is anticipated that the majority of this affordable housing will be developed in the Medium Density and Mixed Corridor designations.” - 65 - Proposed Amendment 49 to the Pickering Official Plan Page 4 8. Revising City Policy 11.49 (e), Affordable Strategies for Lower Income Tenants and Owners, in Chapter 11 – Seaton Urban Area, as follows: “(e) encouraging builders to construct single detached, and semi-detached, block townhouse units and street townhouse units that containing accessory additional dwelling units within the principal building and/or on the property;” 9. Revising City Policy 15.15, Glossary, in Chapter 15 – Implementation, by adding in alphabetical order a new definition as follows: “Additional Dwelling Unit means a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit, or within a building accessory to a detached dwelling, semi- detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons.” 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, except as revised by this amendment. OPA 23-002/P City Initiated - 66 - Appendix II to Report PLN 29-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 67 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 2511, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 2 Definitions a. 2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with: 2.1.1 ACCESSORY DWELLING UNIT Accessory Dwelling Unit shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling 2.1.1 ADDITIONAL DWELLING UNIT Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit, or in a building accessory to a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, and street townhouse dwelling unit on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities, and sanitary facilities are provided for the exclusive use of such person or persons. 2. Section 5 – General Provisions For All Zones a. 5.19 (f) is hereby amended as follows. 5.19 ACCESSORY BUILDINGS AND USES (f) Human habitation is not permitted in an accessory structure, except for accessory structures that meet the definition of an additional dwelling unit. - 68 - By-law No. XXXX/23 Page 2 b. 5.21.1 is hereby amended by adding: 5.21.1 MINIMUM OFF-STREET PARKING REQUIREMENTS USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES 1. Residential detached dwelling 1 space per dwelling unit additional dwelling unit 1 space per dwelling unit additional dwelling unit in the City Centre Neighbourhood as defined in the Official Plan 0 spaces additional dwelling on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit c. 5.33 is hereby deleted and replaced with: 5.33 ACCESSORY DWELLING UNIT Despite any provision in this By-law to the contrary in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. 5.33 ADDITIONAL DWELLING UNIT Notwithstanding the provisions of 5.19, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a) A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit and a maximum of one additional unit is permitted within an accessory building on the same lot. - 69 - By-law No. XXXX/23 Page 3 (b) A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit provided there are no additional dwelling units contained within an accessory building on the same lot. (c) Notwithstanding 5.33 (a) and (b), additional dwelling units are not permitted within any hazardous lands as determined by the applicable Conservation Authority including, but not limited to, the regulatory flood limits or erosion hazard limits and/or lands that do not have safe access appropriate to the nature of the development and the natural hazard. (d) Notwithstanding 5.33 (a) and (b), an additional dwelling unit shall not be permitted within an accessory building that is located within Key Natural Heritage Features and/or Key Hydrological Features as described in the Pickering Official Plan. (e) Where an additional dwelling unit is located within an accessory building the floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a. Maximum lot coverage of all buildings on the lot. For the purpose of this regulation, if no lot coverage is provided in the zone, the maximum lot coverage for all buildings will be 35%; b. No more than 50% of the gross floor area of the detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit on the same lot; and c. A maximum floor area of 150 square metres. (f) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 1. Table 1 – Height and Setback Requirements Lots with an area of 2,000 sq.m. or less Lots with an area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation - 70 - By-law No. XXXX/23 Page 4 Lots with an area of 2,000 sq.m. or less Lots with an area greater than 2,000 sq.m. Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (g) Notwithstanding Section 5.8, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public or private street. No encroachment is permitted to obstruct this path of travel. The path of travel may be shared and used jointly by more than one dwelling unit on the lot. (h) A home-based business is permitted within an additional dwelling unit. (i) The provision of on-site parking shall not reduce the landscaped open area in the corresponding yard below the amounts listed in Table 2. Table 2 – Minimum Landscaped Open Area In All Yards Used for Parking Lot Frontage 0.0 – 12.0 metres Greater than 12.0 metres Min. landscaped open area in all yards used for parking 30% 45% 3. By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. - 71 - By-law No. XXXX/23 Page 5 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 72 - Appendix III to Report PLN 29-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 73 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 2520, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 2 Definitions a. 2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with: 2.1.1 ACCESSORY DWELLING UNIT “Accessory Dwelling Unit” shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling 2.1.1 ADDITIONAL DWELLING UNIT Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit, or in a building accessory to a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, and street townhouse dwelling unit on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities, and sanitary facilities are provided for the exclusive use of such person or persons. 2. Section 5 – General Provisions For All Zones a. 5.19 (f) is hereby amended as follows. 5.19 ACCESSORY BUILDINGS AND USES (f) Human habitation is not permitted in an accessory structure, except for accessory structures that meet the definition of an additional dwelling unit. - 74 - By-law No. XXXX/23 Page 2 b. 5.21.1 is hereby amended by adding: 5.21.1 MINIMUM OFF-STREET PARKING REQUIREMENTS USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES 1. Residential detached dwelling accessory dwelling 1 space per dwelling unit additional dwelling unit 1 space per dwelling unit additional dwelling unit in the City Centre Neighbourhood as defined in the Official Plan 0 spaces additional dwelling on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit c. 5.33 is hereby deleted and replaced with: 5.33 ACCESSORY DWELLING UNIT Despite any provision in this By-law to the contrary in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. 5.33 ADDITIONAL DWELLING UNIT Notwithstanding the provisions of 5.19, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a) A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit and a maximum of one additional unit is permitted within an accessory building on the same lot. - 75 - By-law No. XXXX/23 Page 3 (b) A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit provided there are no additional dwelling units contained within an accessory building on the same lot. (c) Notwithstanding 5.33 (a) and (b), additional dwelling units are not permitted within any hazardous lands as determined by the applicable Conservation Authority including, but not limited to, the regulatory flood limits or erosion hazard limits and/or lands that do not have safe access appropriate to the nature of the development and the natural hazard. (d) Notwithstanding 5.33 (a) and (b), additional dwelling units are not permitted within an accessory building that is located within Key Natural Heritage Features and/or Key Hydrological Features as described in the Pickering Official Plan. (e) Where an additional dwelling unit is located within an accessory building the gross floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a. Maximum lot coverage of all buildings on the lot. For the purpose of this regulation, if no lot coverage is provided in the zone, the maximum lot coverage for all buildings will be 35%; b. No more than 50% of the gross floor area of the detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit on the same lot; and c. A maximum floor area of 150 square metres. (f) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 1. Table 1 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation - 76 - By-law No. XXXX/23 Page 4 Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (g) Notwithstanding Section 5.8, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public or private street. No encroachment is permitted to obstruct this path of travel. The path of travel may be shared and used jointly by more than one dwelling unit on the lot. (h) A home-based business is permitted within an additional dwelling unit. (i) The provision of on-site parking shall not reduce the landscaped area in the corresponding yard below the amounts listed in Table 2. Table 2 – Minimum Landscaped Open Area In All Yards Used for Parking Lot Frontage 0.0 – 12.0 metres Greater than 12.0 metres Min. landscaped open area in all yards used for parking 30% 45% 3. By-law 2520 By-law 2520, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2520, as amended. - 77 - By-law No. XXXX/23 Page 5 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 78 - Appendix IV to Report PLN 29-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 79 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 3036, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 2 Definitions a. 2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with: 2.1.1 ACCESSORY DWELLING UNIT “Accessory Dwelling Unit” shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling 2.1.1 ADDITIONAL DWELLING UNIT Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit, or in a building accessory to a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, and street townhouse dwelling unit on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities, and sanitary facilities are provided for the exclusive use of such person or persons. 2. Section 5 – General Provisions For All Zones a. 5.18 (f) is hereby amended as follows: 5.18 ACCESSORY BUILDINGS AND USES (f) Human habitation is not permitted in an accessory structure, except for accessory structures that meet the definition of an additional dwelling unit. - 80 - By-law No. XXXX/23 Page 2 b. 5.21.1 is hereby amended: 5.21 MINIMUM OFF-STREET PARKING REQUIREMENTS USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES 1. Residential detached dwelling accessory dwelling 1 space per dwelling unit additional dwelling unit 1 space per dwelling unit additional dwelling unit in the City Centre Neighbourhood as defined in the Official Plan 0 spaces additional dwelling unit on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit c. 5.28 is hereby amended: 5.28 TRUCK, BUS AND COACH BODIES No truck, bus, coach or streetcar body, or structure of any kind, other than a dwelling unit or an accessory dwelling unit additional dwelling unit, erected and used in accordance with this and all other By-laws of the Town, shall be used as a dwelling unit within the area affected by this By-law, whether or not the same is mounted on wheels. d. 5.32 is hereby deleted and replaced with: 5.32 ACCESSORY DWELLING UNIT Despite any provision in this By-law to the contrary in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. - 81 - By-law No. XXXX/23 Page 3 (d) an accessory dwelling unit is not permitted within an accessory dwelling that is permitted in Rural Agricultural Zone. 5.32 ADDITIONAL DWELLING UNIT Notwithstanding the provisions of 5.18, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a) A maximum of one additional dwelling unit is permitted within any legally permitted single detached, semi-detached, block townhouse dwelling unit, or street townhouse dwelling unit and a maximum of one additional unit is permitted within an accessory building on the same lot. (b) A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit provided there are no additional dwelling units contained within an accessory building on the same lot. (c) Notwithstanding 5.32 (a) and (b), additional dwelling units are not permitted within any hazardous lands as determined by the applicable Conservation Authority including, but not limited to, the regulatory flood limits or erosion hazard limits and/or lands that do not have safe access appropriate to the nature of the development and the natural hazard. (d) Notwithstanding 5.32 (a) and (b), an additional dwelling unit shall not be permitted within an accessory building that is located within Key Natural Heritage Features and/or Key Hydrological Features, hazard lands as described in the Pickering Official Plan. (e) Where an additional dwelling unit is located within an accessory building the gross floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a. Maximum lot coverage of all buildings on the lot. For the purpose of this regulation, if no lot coverage is provided in the zone, the maximum lot coverage for all buildings will be 35%; b. No more than 50% of the gross floor area of the detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit on the same lot; and c. A maximum floor area of 150 square metres. (f) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 1. - 82 - By-law No. XXXX/23 Page 4 Table 1 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (g) Notwithstanding Section 5.7, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public or private street. No encroachment is permitted to obstruct this path of travel. The path of travel may be shared and used jointly by more than one dwelling unit on the lot. (h) A home-based business is permitted within an additional dwelling unit. (i) The provision of on-site parking shall not reduce the landscaped area in the corresponding yard below the amounts listed in Table 2. Table 2 – Minimum Landscaped Open Area In All Yards Used for Parking Lot Frontage 0.0 – 12.0 metres Greater than 12.0 metres Min. landscaped open area in all yards used for parking 30% 45% 3. 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. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. - 83 - By-law No. XXXX/23 Page 5 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 84 - Appendix V to Report PLN 29-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 85 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 3037, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 2 Definitions a. 2.2 ACCESSORY DWELLING UNIT is hereby deleted and replaced with: 2.2 ACCESSORY DWELLING UNIT Accessory Dwelling Unit shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling. 2.2 ADDITIONAL DWELLING UNIT Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit, or in a building accessory to a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, and street townhouse dwelling unit on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities, and sanitary facilities are provided for the exclusive use of such person or persons. 2. Section 5 – General Provisions For All Zones a. 5.18 (f) is hereby amended as follows. 5.18 ACCESSORY BUILDINGS AND USES (f) Human habitation is not permitted in an accessory structure, except for accessory structures that meet the definition of an additional dwelling unit. - 86 - By-law No. XXXX/23 Page 2 b. 5.19.1 is hereby amended by adding: 5.19.1 MINIMUM OFF STREET PARKING REQUIREMENTS USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES 1. Residential detached dwelling accessory dwelling 1 space per dwelling unit additional dwelling unit 1 space per dwelling unit additional dwelling unit in the City Centre Neighbourhood as defined in the Official Plan 0 spaces additional dwelling on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit c. 5.19.2 is hereby revised: 5.19.2 SUPPLEMENTARY PARKING REGULATION These principles apply to parking for all zones except in the case of detached, semi-detached, additional dwelling units, and accessory dwellings. d. 5.31 is hereby deleted and replaced with: 5.31 ACCESSORY DWELLING UNIT Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit; (d) an accessory dwelling unit is not permitted within an accessory dwelling unit that is permitted in Rural Agricultural Zone. - 87 - By-law No. XXXX/23 Page 3 5.31 ADDITIONAL DWELLING UNIT Notwithstanding the provisions of 5.18, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a) A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit and a maximum of one additional unit is permitted within an accessory building on the same lot. (b) A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit provided there are no additional dwelling units contained within an accessory building on the same lot. (c) Notwithstanding 5.31 (a) and (b), additional dwelling units are not permitted within any hazardous lands as determined by the applicable Conservation Authority including, but not limited to, the regulatory flood limits or erosion hazard limits and/or lands that do not have safe access appropriate to the nature of the development and the natural hazard. (d) Notwithstanding 5.31 (a) and (b), an additional dwelling unit shall not be permitted within an accessory building that is located within Key Natural Heritage Features, and/or Key Hydrological Features as described in the Pickering Official Plan. (e) Notwithstanding 5.31 (a) and (b), additional dwelling units are only permitted in the following locations. a. For lands within the Protected Countryside of the Greenbelt Plan: i. Within a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit; and/or ii. Within an existing accessory building that was constructed legally on or before (or where building permits were issued prior to) July 1, 2017, provided that these buildings are located outside of Key Natural Heritage Features and/or Key Hydrological Features. b. For lands within the Oak Ridges Moraine: i. Only one additional dwelling unit is permitted within a detached dwelling. - 88 - By-law No. XXXX/23 Page 4 (f) Where an additional dwelling unit is located within an accessory building the floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a. Maximum lot coverage of all buildings on the lot. For the purpose of this regulation, if no lot coverage is provided in the zone, the maximum lot coverage for all buildings will be 35%; b. No more than 50% of the gross floor area of the detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit on the same lot; and c. A maximum floor area of 150 square metres. (g) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 1. Table 1 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone regulation Zone regulation Zone regulation Exterior Side Yard Setback min. (metres) Zone regulation Zone regulation Zone regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (h) Notwithstanding Section 5.7, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public or private street. No encroachment is permitted to obstruct this path of travel. The path of travel may be shared and used jointly by more than one dwelling unit on the lot. (i) A home-based business is permitted within an additional dwelling unit. - 89 - By-law No. XXXX/23 Page 5 (j) The provision of on-site parking for additional dwelling units shall not reduce the landscaped open area in the corresponding yard below the amounts listed in Table 2. Table 2 – Minimum Landscaped Open Area In All Yards Used for Parking Lot Frontage 0.0 – 12.0 metres Greater than 12.0 metres Min. landscaped open area in all yards used for parking 30% 45% 3. Section 8.6 – OAK RIDGES MORAINE – HAMLET RESIDENTIAL SIX (ORM-R6) ZONE a. 8.6.3.6 is hereby amended as follows: 8.6.3.6 ORM-R6-6 (a) Despite Section 5.18 and Section 5.31 of By-law 3037, where a detached dwelling exists on a lot, a maximum of one accessory additional dwelling unit may be permitted on the second floor of a detached garage located in any side or rear yard of any lot on the lands zoned “ORM-R6-6” in accordance with the following: (i) a detached garage, and any associated uncovered steps and platforms, may be erected in any side or rear yard, a minimum of 5.0 metres from any lot line; (ii) the maximum residential floor area of the accessory additional dwelling unit shall be 90 square metres; (iii) the maximum height of the detached garage shall be 9.0 metres; (iv) a minimum of one parking space shall be provided and maintained on the lot to serve the accessory additional dwelling unit. 4. Section 9.3 – OAK RIDGES MORAINE - GENERAL COMMERCIAL (ORM-C2) ZONE a. 9.3.1 is hereby amended as follows: 9.3.1 PERMITTED USES (i) accessory dwelling unit - 90 - By-law No. XXXX/23 Page 6 b. 9.3.2 is hereby amended as follows: 9.3.2 REGULATIONS FOR PERMITTED USES (vii) Accessory Dwelling Unit Regulations (a) A maximum of one accessory dwelling unit shall be permitted within a building or structure containing the principle use; (b) An accessory dwelling unit shall not be permitted within a building or structure containing an automobile service station use; (c) The maximum floor area of an accessory dwelling unit shall be 100 square metres. c. 9.3.3.2 (c) is hereby amended as follows. 9.3.3.2 ORM-C2-2 (c) Despite Section 9.3.1 (i), an accessory dwelling unit shall not be permitted on lands zoned “ORM-C2-2”. 6. By-law 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 91 - Appendix VI to Report PLN 29-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 92 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 7364/14, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 7364/14, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Table of Contents a. The Table of Contents is hereby amended: 2.13 Accessory Dwelling UnitAdditional Dwelling Unit 2. Section 2 General Regulation a. 2.13 Accessory Dwelling Unit is hereby deleted and replaced with: 2.13 Accessory Dwelling Unit a) Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling, semi-detached dwelling or a townhouse dwelling, an accessory dwelling unit is permitted within the detached dwelling, semi-detached dwelling or townhouse dwelling provided: i) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; ii) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; and iii) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. b) An accessory dwelling unit may be permitted within a coach house on a lot containing a detached dwelling, semi-detached dwelling or a street townhouse dwelling provided there is only one accessory dwelling unit on the lot and the requirements of Section 2.13 a) are met. - 93 - By-law No. XXXX/23 Page 2 2.13 Additional Dwelling Unit Notwithstanding the provisions of 2.15, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a) A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit and a maximum of one additional unit is permitted within an accessory building on the same lot. (b) A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit provided there are no additional dwelling units contained within an accessory building on the same lot. (c) Notwithstanding 2.13 (a) and (b), additional dwelling units are not permitted within any hazardous lands as determined by the applicable Conservation Authority including, but not limited to, the regulatory flood limits or erosion hazard limits and/or lands that do not have safe access appropriate to the nature of the development and the natural hazard. (d) Notwithstanding 2.13 (a) and (b), an additional dwelling unit shall not be permitted within an accessory building that is located within Key Natural Heritage Features, and/or Key Hydrological Features as described in the Pickering Official Plan. (e) Where an additional dwelling unit is located within an accessory building the floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a. Maximum lot coverage of all buildings on the lot. For the purpose of this regulation, if no lot coverage is provided in the zone, the maximum lot coverage for all buildings will be 35%; b. No more than 50% of the gross floor area of the detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit on the same lot; and c. A maximum floor area of 150 square metres. (f) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 32. - 94 - By-law No. XXXX/23 Page 3 Table 32 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 to up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (h) Notwithstanding Section 2.6 and 2.10, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public or private street. No encroachment is permitted to obstruct this path of travel. The path of travel may be shared and used jointly by more than one dwelling unit on the lot. (i) A home-based business is permitted within an additional dwelling unit. (j) The provision of on-site parking shall not reduce the landscaped open area in the corresponding yard below the amounts listed in Table 33. Where the existing zoning regulates minimum landscaped open space the most permissive regulation shall prevail. Table 33 – Minimum Landscaped Open Area In All Yards Used for Parking Lot Frontage 0.0 – 12.0 metres Greater than 12.0 metres Min. landscaped open area in all yards used for parking 30% 45% - 95 - By-law No. XXXX/23 Page 4 b. 2.15 (g) is hereby amended as follows: 2.15 Accessory Buildings and Structures (g) Human habitation is not permitted in an accessory building or accessory structure except for a coach house and accessory structures that meet the definition of an additional dwelling unit. 3. Section 3 Parking Regulations a. Section 3.1 is hereby amended as follows: 3.1 Parking Space Requirements Table 1: Minimum Parking Requirements Accessory Additional Dwelling Unit 4. Section 4 Permitted Uses and Zone Regulations a. Section 4.1 is hereby amended as follows: 4.1 Uses Permitted Table 2: Permitted Uses in Residential Zones Use LD-1 LD1-T LD1-HL LD2 LD2-M MD-DS MD-M HD Accessory Additional Dwelling Unit * * * * * * * 4 Notes: 4. Permitted within a street townhouse dwelling unit and an accessory building on the same lot in accordance with 2.13. 5. Section 5 Mixed Use Zone Regulation a. Section 5.1 is hereby amended as follows: 5.1 Uses Permitted Table 12: Permitted Uses in Mixed Use Zones Use MC1 MC2 MC3 MCC LN CN CN-PP Accessory Additional Dwelling Unit * * 3 3 3 Notes: 3. Permitted within a block townhouse dwelling unit and an accessory building on the same lot in accordance with 2.13. - 96 - By-law No. XXXX/23 Page 5 6. Section 10 Definitions a. Section 10 is hereby amended as follows: “Accessory Dwelling Unit” means one self contained dwelling unit contained within a permitted detached dwelling, semi-detached dwelling, townhouse dwelling or coach house. “Additional Dwelling Unit” means a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit, or in a building accessory to a detached dwelling, semi- detached dwelling, and block townhouse dwelling unit, and street townhouse dwelling unit on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities, and sanitary facilities are provided for the exclusive use of such person or persons. “Coach House” means a detached building containing a private garage on the ground floor and an accessory dwelling unitadditional dwelling unit on the second floor. “Dwelling, Detached or Detached Dwelling” means a building containing only one primary dwelling unit but may also include an accessory dwelling unit additional dwelling units. 7. By-law 7364/14 By-law 7364/14, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7364/14, 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 XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 97 - Appendix VII to Report PLN 29-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 98 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 7553/17, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Table of Contents a. The Table of Contents is hereby amended: 2.7 Accessory Dwelling UnitAdditional Dwelling Unit 2. How to Read and Use This By-law a. Introductory text to Zoning By-law 7553/17, “How to Read and Use this By-law”, is hereby amended as follows: Section 2 sets out a number of general regulations, which apply to development in all zones. These general provisions address such matters as public uses, permitted encroachments, legal non-conforming uses, accessory additional dwelling units, home-based business, accessory buildings and structures, live work dwellings, patios and temporary sales offices among others. 3. Section 2 – General Regulations a. 2.7 Accessory Dwelling Unit is hereby deleted and replaced with: 2.7 Accessory Dwelling Unit Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling, semi-detached dwelling or a street townhouse dwelling, an accessory dwelling unit is permitted within the detached dwelling, semi-detached dwelling or street townhouse dwelling provided: a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located - 99 - By-law No. XXXX/23 Page 2 b) the maximum floor area of an accessory dwelling unit shall be 100 square metres c) a home-based business is prohibited in either dwelling unit or a dwelling containing an accessory dwelling unit 2.7 Additional Dwelling Unit Notwithstanding the provisions of 2.9, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a) A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit and a maximum of one additional unit is permitted within an accessory building on the same lot. (b) A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit provided there are no additional dwelling units contained within an accessory building on the same lot. (c) Notwithstanding 2.7 (a) and (b), additional dwelling units are not permitted within any hazardous lands as determined by the applicable Conservation Authority including, but not limited to, the regulatory flood limits or erosion hazard limits and/or lands that do not have safe access appropriate to the nature of the development and the natural hazard. (d) Notwithstanding 2.7 (a) and (b), an additional dwelling unit shall not be permitted within an accessory building that is located within Key Natural Heritage Features, and/or Key Hydrological Features as described in the Pickering Official Plan. (e) Where an additional dwelling unit is located within an accessory building the floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a. Maximum lot coverage of all buildings on the lot. For the purpose of this regulation, if no lot coverage is provided in the zone, the maximum lot coverage for all buildings will be 35%; b. No more than 50% of the gross floor area of the detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit on the same lot; and c. A maximum floor area of 150 square metres. - 100 - By-law No. XXXX/23 Page 3 (f) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 1A. Table 1A – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (g) Notwithstanding Section 2.4, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public or private street. No encroachment is permitted to obstruct this path of travel. The path of travel may be shared and used jointly by more than one dwelling unit on the lot. (h) A home-based business is permitted within an additional dwelling unit. (i) The provision of on-site parking shall not reduce the landscaped area in the corresponding yard below the amounts listed in Table 1B. Table 1B – Minimum Landscaped Area In All Yards Used for Parking Lot Frontage 0.0 – 12.0 metres Greater than 12.0 metres Min. landscaped area in all yards used for parking 30% 45% - 101 - By-law No. XXXX/23 Page 4 b. Section 2.9 (f) is hereby amended as follows: 2.9 Accessory Buildings and Structures f) Human habitation is not permitted in an accessory building or structure, except for accessory structures that meet the definition of an additional dwelling unit. 4. Section 3 – Parking Regulations a. Section 3.1, Table 1 – Minimum Parking Requirements, is hereby amended as follows: Table 1 – Minimum Parking Requirements Residential Uses Accessory Additional dwelling unit in the City Centre Neighbourhood as defined in the Official Plan 0 spaces Additional dwelling unit on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit 5. Section 4 – Permitted Uses and Zone Regulations a. Section 4.1 is hereby amended as follows: Accessory Additional Dwelling Unit Notes: 5. use shall be permitted within a detached dwelling, semi-detached dwelling, and street townhouse dwelling unit, and block townhouse dwelling unit 6. Section 5 – Definitions a. Section 5 is hereby amended as follows: “Dwelling” includes: a) “Accessory Dwelling Unit” means a separate dwelling unit subsidiary to and located in the same building as an associated principal dwelling unit; and its creation does not result in the creation of a semi-detached dwelling, duplex dwelling, three-unit dwelling or converted dwelling. Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street - 102 - By-law No. XXXX/23 Page 5 townhouse dwelling unit, or in a building accessory to a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, and street townhouse dwelling unit on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. 7. Section 6 Exceptions a. Section 6.5.1 is hereby amended as follows: b) Accessory Additional Dwelling Unit is permitted within an existing detached dwelling in accordance with Section 2.7 of this By-law 8. By-law 7553/17 By-law 7553/17, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7553/17, as amended. 9. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 103 - Appendix VIII to Report PLN 29-23 Draft Additional Dwelling Unit By-law - 104 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to provide for the registration of additional dwelling units in the City of Pickering. Whereas Section 16(3) of the Planning Act, S.O., 1990, c. P.13, as amended, requires municipal official plans to not prohibit the use of up to two additional dwelling units on a lot; And whereas Section 35.1(1) of the Planning Act, S.O., 1990, c. P.13, as amended, requires that no by-laws passed under section 34 may prohibit the erection or location of up to two additional dwelling units on a lot; And whereas Section 8(1) of the Municipal Act, S.O. 2001, c. 25, as amended, (Municipal Act, 2001) provides that the powers of a municipality under any Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues; And whereas Section 11(2) (6) and (8) of the Municipal Act, 2001, authorizes municipalities to pass by-laws respecting the health, safety and well-being of persons and the protection of persons and property; And whereas the Council of The Corporation of the City of Pickering considers it important to enact a by-law to require the registration of additional dwelling units in the City of Pickering in order to protect persons, property and the health, safety and well-being of Pickering residents; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Definitions In this By-law, (1) “Accessory” means a use or building naturally or normally incidental to, subordinate to or exclusively devoted to a principal use or building and located on the same lot as the principal use or building; (2) “Additional Dwelling Unit” means a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit, or in a building accessory to a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, and street townhouse dwelling unit on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. (3) “Applicant” means a person who applies for registration of an additional dwelling unit and includes any person authorized in writing by an owner to apply for a two-dwelling unit property registration certificate on the owner’s behalf; - 105 - By-law No. XXXX/23 Page 2 (4) “Building” means a structure occupying an area greater than 10.0 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home; (5) “City” means The Corporation of the City of Pickering or the geographical area, whatever the context requires; (6) “Inspector” means a Building Inspector, Municipal Law Enforcement Officer or Fire Inspector employed by the City of Pickering; (7) “Owner” means the registered owner of the land on which the additional dwelling unit(s) is (are) situated; (8) “Registrar” means the Chief Building Official of the City of Pickering or their designate; 2. Prohibition No person shall occupy or permit the occupancy of an additional dwelling unit unless the owner registers the property as required by this By-law. 3. Registration Applications (1) To obtain registration, the owner or their applicant shall: (a) submit a completed application on a form provided by the City; (b) pay the prescribed fee in the amount as set out in Schedule “A” to this By-law, or as amended by the approved Summary of Fees and Charges By-law; (c) arrange for an inspection of the additional dwelling unit by an Inspector, and demonstrate compliance with all relevant standards set out in the Building Code Act, Ontario Building Code, Fire Protection and Prevention Act, Ontario Fire Code, as amended from time to time; and (d) provide bona-fide evidence that the use of the property for the purposes of more than one dwelling unit meets the applicable zoning provisions, or are exempt from such provisions under the terms of the Planning Act, 1990; (e) mount the address of the additional dwelling unit on the wall of the building that faces a public street. The address numbers should measure no less than 150mm in height. The mounted address should also identify the location of the door to the additional dwelling unit. (2) A property which has received approval for an additional dwelling unit through the issuance of a building permit or change of use permit under the Building Code Act and Ontario Building Code, is exempt from the requirements of (1)(c) and (d) of this section where such permit explicitly authorized such use and satisfactory final inspections have been completed. - 106 - By-law No. XXXX/23 Page 3 (3) The issuance of a building permit for structural or material alterations in accordance with the Fire Protection and Prevention Act and Ontario Fire Code, is applicable to the requirements of (1)(c) and (d) of this section. (4) The Registrar shall issue a registration certificate for an additional dwelling unit except where the additional dwelling unit proposed for registration does not comply with the requirements of 5(1) of this By-law or any other applicable law, as determined by the Registrar. 4. Register (1) The Registrar shall maintain a written or electronic record respecting each additional dwelling unit for which a registration certificate has been issued. Each record shall include, at a minimum, the following particulars: (a) the municipal address of the additional dwelling unit; (b) the location of the additional dwelling unit on the lot (i.e., in the principal dwelling or within an accessory building); and (c) the registration date of the additional dwelling unit. 5. Refusal and Revocation of Registration (1) The Registrar may refuse to register an additional dwelling unit unless the Registrar is satisfied that the following conditions have been met: (a) the application for registration has been prepared and submitted, including payment of registration fees; (b) the additional dwelling unit complies with all standards applicable at the time of registration, and which may be prescribed by any of the following: • the City’s Zoning By-law; • the City’s Property Standards By-law; • the Building Code Act, 1992, SO 1992, c 23; • the Ontario Building Code, O Reg. 332/12; • the Fire Protection and Prevention Act, 1997, SO 1997, c 4; and • the Ontario Fire Code, O Reg. 213/07: (2) The Registrar may revoke the registration of an additional dwelling unit which, at any time after registration, ceases to meet the requirements set out in this By-law or other applicable law, or where the Registrar determines that the registration certificate was issued based on false or misleading information. (3) Where the Registrar refuses or revokes the registration of an additional dwelling unit, notice stating the reason for the refusal or revocation shall be given to the owner of the property by regular mail. 6. Administration of this By-law The Registrar may designate such persons as are necessary to administer this By-law. - 107 - By-law No. XXXX/23 Page 4 7. Offences and Penalties (1) Any person, other than a corporation, who contravenes the provisions of this By-law is guilty of an offence, and upon conviction, is liable: (a) on a first conviction, to a fine of not more than $10,000.00; and (b) on any subsequent conviction, to a fine of not more than $25,000.00. (2) A corporation that contravenes any provision of this By-law, is guilty of an offence, and upon conviction, is liable: (a) on a first conviction, to a fine of not more than $25,000.00; and (b) on any subsequent conviction, to a fine of not more than $50,000.00. 8. Repeal (1) By-law 7579/17, as amended, is repealed. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 108 - Schedule “A” to By-law XXXX/23 Registration Fee of an Additional Dwelling Unit: $500.00 - 109 - Attachment #1 to Report PLN 29-23 Extract from Information Report 05-23 6.2 ADU Open House A drop-in style open house was held on April 4, 2023, to provide the opportunity for the public to learn and ask questions about the Planning Act changes for ADUs, and to provide comments on how those changes are proposed to be implemented in Pickering (see Open House Slides, Attachment #1). This event was advertised in the Pickering News Advertiser on March 23, 2023 and March 30, 2023. It was also featured on the front page of the City’s website, and was promoted through the City’s social media channels, and digital signage in the community. In addition, a project web page was created (www.pickering.ca/ADU) where residents can learn about the proposed changes as well as the process for constructing and registering an ADU. 6.3 Public Comments Due to the broad media coverage that was given to Bill 23 in the Fall of 2022, staff have received several inquiries over the last several months from the public asking when ADU requirements would be updated in Pickering to accommodate the new provisions in the Planning Act. 60 people attended the Open House for ADUs held on April 4, 2023. Of those who attended, at least 10 indicated on survey forms that they were interested in constructing ADUs in the future. During the Open House, staff had the opportunity to hear a variety of comments and questions from the public. Many people wanted to understand how the proposed requirements would apply to their specific property. A few of the common questions received included: •How big can an ADU be within an accessory building? (see 4.3.1) •Can ADUs be located in the front yard if the existing house is set far back from the street? (see 4.3.3) •Can driveways be widened to accommodate additional parking for ADUs? (see 4.3.6) The majority of the Open House participants indicated that they would support ADUs in their neighbourhood provided that: •On-street parking is not impacted; •They are energy efficient and constructed to meet Ontario Building Code; •They are not too tall / an eye sore; •They are not used for short-term rentals; and •No change in property values. Some participants indicated that they still have concerns about ADUs because of: •Impacts to stormwater from widened driveways; and •Adding density to areas that cannot support it. - 110 - Aside from costs, participants identified that the greatest barriers to constructing ADUs were: • Navigating the permit process; • Connections to municipal or private services; and • Increased property taxes. - 111 - Attachment #2 to Report PLN 29-23 Results from Survey of Existing ADU Property Owners A survey was created for all property owners with legally registered ADUs in Pickering. An invitation to the survey was mailed out on July 26, 2023. By August 15, 2023, 62 people had completed the survey. The results of the survey are summarized below. 84% of respondents live on the property that they own while 16% rent out both the house and the basement apartment. For properties with a legal ADU where the owner resides on the property: •61% currently rent to a long-term tenant •20% plan to rent their apartment in the future •14% have no plans to rent their apartment •6% have family members living in the apartment •0% use the apartment for short-term rentals For properties with a legal ADU where the owner does not reside on the property: •100% currently rent, or are preparing to rent, to long-term tenants Size of legally registered ADUs: •One-bedroom = 48% •Two-bedroom = 50% •Three or more bedrooms = 2% There is a wide range of rental rates for legally registered ADUs. •$1,000/month or less = 11% •$1,001-$1,500/month = 45% •$1,501-$2,000/month = 39% •$2,001/month or more = 5% 40% of property owners with legally registered ADUs would consider constructing a second ADU – either in the existing building or elsewhere on their property. The cost of constructing a second ADU is likely the primary consideration of most property owners. Aside from cost, the main obstacle property owners identified for not proceeding with a second ADU was a lack of space – either in the existing building or on their property. A number of respondents also mentioned that their properties would not be able to provide enough parking for a second ADU. One of the repeated suggestions made was for the City to consider reducing parking requirements or issuing on-street parking permits for those properties that could not provide parking for ADUs on their own property. - 112 - Report to Planning & Development Committee Report Number: PLN 30-23 Date: September 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP-2020-02 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 450 Finch Avenue Recommendation: 1. That Draft Plan of Subdivision Application SP-2020-02, submitted by Pickering Forest Inc., to establish a residential plan of subdivision, consisting of 31 lots for detached dwellings, 2 part blocks for future development, 1 parkland block, 1 environmental block, 2 public roads, and 1 block for a road widening, as shown on Attachment #4 to Report PLN 30-23, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and 2. That Zoning By-law Amendment Application A 10/20, submitted by Pickering Forest Inc., to implement Draft Plan of Subdivision SP-2020-02, on lands municipally known as 450 Finch Avenue, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix II to Report PLN 30-23, be finalized and forwarded to Council for enactment. Executive Summary: The subject property is located on the north side of Finch Avenue, west of Rosebank Road, and south of the Canadian Pacific Railway corridor, within the Rouge Park Neighbourhood (see Location Map, Attachment #1). Pickering Forest Inc. has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to establish a residential plan of subdivision. The proposal consists of 31 lots for detached dwellings, fronting onto the proposed road extensions of Rougewalk Drive and Mahogany Court (see Revised Draft Plan of Subdivision, Attachment #4). In addition, the applicant is proposing to relocate, and retain, a 1 ½-storey stone dwelling (known as the “Dixon Farmhouse”) within the proposed subdivision, to be restored and designated as a cultural heritage resource under Part IV of the Ontario Heritage Act. The draft plan of subdivision also includes a parkland block to be merged with part blocks within the adjacent Registered Plan of Subdivision to the east, creating a single park block. The total parkland block is approximately 0.095 of a hectare (or 6.3 percent of the developable land area within this plan of subdivision), which is to be conveyed to the City for parkland dedication. To implement the proposed development, the applicant is proposing site-specific zoning standards for the proposed lots. The proposed zoning standards are generally in keeping with the established zoning standards for adjacent development to the west and east (see Zoning Provisions Comparison Chart, Attachment #5). - 113 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 2 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Staff support the applications for draft plan subdivision and zoning by-law amendment. The proposal will result in a residential density of approximately 24 units per net hectare, which complies with the maximum net residential density of up to and including 30 units per net hectare, in accordance with the City’s Official Plan. The design of the proposed road extensions, and the configuration of the lots within the plan of subdivision, have regard for the design objectives of the Rouge Park Neighbourhood Policies and Development Guidelines. The proposed road extensions will provide a cohesive road network between the existing dwellings to the east and the proposed development, which will help to integrate the two subdivisions. The Dixon Farmhouse is proposed to be relocated and retained on site. Vehicular access to the heritage lot is proposed from Finch Avenue, which will ensure the dwelling maintains prominence along Finch Avenue, and increases its visibility as a heritage landmark. In addition, the applicant is proposing to complete a full restoration of the Dixon Farmhouse and construct a two-storey addition at the rear of the dwelling. The applicant is proposing site- specific zoning standards for Heritage Lot 28 to accommodate the retention and relocation of the Dixon Farmhouse. The Heritage Pickering Advisory Committee supports the retention, and relocation, of the Dixon Farmhouse. In accordance with the recommendations of the Heritage Pickering Advisory Committee, the implementing zoning by-law will establish a “H” Holding Symbol for the proposed heritage lot. As a condition of removal of the holding, the Owner will be required to obtain Site Plan Approval for the proposed restoration and addition to the Dixon Farmhouse, through which, the Heritage Pickering Advisory Committee will have additional opportunities to review and comment on the conservation of the dwelling. Staff recommend that Council endorse Draft Plan of Subdivision SP-2020-02, as shown in Attachment #4 to this report, and the conditions of approval set out in Appendix I to this report. In addition, staff recommend that the site-specific implementing by-law, containing the standards set out in Appendix II to this report, be finalized and brought before Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description The subject property is located on the north side of Finch Avenue, west of Rosebank Road, and south of the Canadian Pacific Railway corridor, within the Rouge Park Neighbourhood (see Location Map, Attachment #1). The lands are approximately 2.02 hectares, with frontage along Finch Avenue, Rougewalk Drive, and Mahogany Court. - 114 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 3 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. The lands contain a 1 ½-storey stone dwelling (known as the “Dixon Farmhouse”) and a barn, located at the southeast corner of the property. A shed that existed on the property burned down in 2021. The remaining lands are vacant, with clusters of trees scattered throughout. The abutting property to the east (441 Mahogany Court) is subject to an easement, which provides vehicular access to the subject property onto Finch Avenue. The surrounding land uses are as follows (see Air Photo Map, Attachment #2): North: To the north is the York/Durham trunk sanitary sewer, the Canadian Pacific Railway corridor, and the Enbridge Pipeline. East: Immediately to the east is an established residential subdivision, consisting of single and semi-detached dwellings, fronting onto Rougewalk Drive and Mahogany Court. South: Across Finch Avenue is the Gatineau Hydro Corridor. West: Immediately to the west is a recently constructed residential common element condominium development, consisting of 42 lots for detached dwellings. 1.2 Dixon Farmhouse The Dixon Farmhouse is a 1 ½-storey stone dwelling, designed in a Georgian vernacular style, with a gable roof (see Figure 1 on the next page). In support of these applications, the applicant retained ERA Architects Inc. to complete a heritage evaluation of the property, and prepared a Heritage Impact Assessment. Through their research, ERA Architects concluded that the house was likely built in 1858. The original home had a single-storey, wood-frame rear wing and a front porch (later addition), which spanned the width of the façade. At some point, the rear wing and front porch were removed. Around the mid-1950s, a salvaged portico was added to the rear of the dwelling. The portico (built sometime in the 1870s) originated from another two-storey building, formerly located at the northeast corner of Liverpool Road and Kingston Road. The portico continues to exist at the rear of the dwelling today (see Figure 2 on the next page). - 115 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 4 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Figure 1: Front façade of the Dixon Farmhouse, photographed in July of 2022 1.2.1 Council’s Decision to List the Property on the Heritage Register At the time these applications were submitted in July 2020, the subject property was not listed on the City’s Municipal Heritage Register. As such, the existing structures were not protected from demolition or alteration. Following consultation with the Heritage Pickering Advisory Committee, on February 22, 2021, Council endorsed the recommendations of the Heritage Pickering Advisory Committee to list 450 Finch Avenue on the Municipal Heritage Register. This means that the Owner must give Council 60 days’ notice in writing before the demolition or removal of any building on the property. Figure 2: Rear portico addition, photographed in November of 2020 - 116 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 5 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 1.3 Applicant’s Proposal The applicant has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment, to establish a residential plan of subdivision. The applicant’s original proposal consisted of 31 lots for detached dwellings, fronting onto the proposed extensions of Rougewalk Drive and Mahogany Court (see Original Draft Plan of Subdivision, Attachment #3). To facilitate the original proposal, the applicant was proposing to demolish the Dixon Farmhouse. Following receipt of comments from Council, Heritage Pickering Advisory Committee, City departments, external agencies, and the public, the applicant revised the proposal to ensure the retention of the Dixon Farmhouse on a separate lot within the proposed subdivision. In addition, the revised proposal includes land to be conveyed to the City for parkland dedication. The following is a summary of the revised proposal (see Revised Draft Plan of Subdivision, Attachment #4): Lot/Block Number Land Area Proposed Use Lots 1 to 31 (excluding Lot 28) 1.3 hectares 30 lots for detached dwellings fronting onto the proposed extensions of Rougewalk Drive and Mahogany Court. The proposed lot frontages range between 11.0 and 15.0 metres. Heritage Lot 28 0.08 of a hectare The Dixon Farmhouse is proposed to be retained and relocated to Lot 28, which is 8.8 metres south and 7.0 metres east of the dwelling’s original location. Vehicular access to the lot is proposed from Finch Avenue. Parkland Block 32 0.09 of a hectare These lands are proposed to be merged with part blocks within the adjacent Registered Plan of Subdivision to the east, for the purposes of creating a single park block. The single park block is then proposed to be conveyed to the City, for parkland dedication. The total parkland block is approximately 0.095 of a hectare, which represents 6.3 percent of the developable land area within this plan of subdivision. Part Block 33 & 34 0.03 of a hectare Two part blocks are proposed to be consolidated with part blocks within the adjacent Registered Plan of Subdivision to the east, to form two new lots for detached dwellings. The applicant is not expected to retain ownership of these part blocks. - 117 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 6 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Lot/Block Number Land Area Proposed Use Environmental Block 35 0.001 of a hectare Environmental lands are to be conveyed to the Toronto and Region Conservation Authority (TRCA) and consolidated with adjacent lands to the east owned by the TRCA. Road Widening Block 36 0.08 of a hectare Lands are to be conveyed to the Region of Durham for a road widening and daylight triangles along the frontage of Finch Avenue. Public Road Extensions 0.44 of a hectare Lands are to be conveyed to the City to extend Rougewalk Drive and Mahogany Court. The right-of-way width of the roads is 18.5 metres. Total 2.02 hectares To implement the proposed development, the applicant is proposing site-specific zoning standards. The proposed zoning standards are generally in keeping with the established zoning standards for adjacent development to the west and east (see Zoning Provisions Comparison Chart, Attachment #5). Additionally, the applicant is proposing site-specific zoning standards for Heritage Lot 28, to accommodate the retention and relocation of the Dixon Farmhouse. 2. Comments Received 2.1 January 4, 2021 Statutory Public Meeting and Written Comments An electronic statutory public meeting was held on January 4, 2021, where one neighbouring landowner spoke at the meeting. In addition, the City received written comments from four other neighbouring landowners. Section 3.6 of this report provides a summary of comments/questions raised by neighbouring landowners, and the applicant’s response to these comments/questions. Questions raised by members of the Planning & Development Committee at the meeting primarily related to the Dixon Farmhouse, including: the need for the applicant to take appropriate measures to prevent vandalism of the heritage home; the need to ensure that the heritage home is included on the City’s Municipal Heritage registry; and whether City staff recommended designation of the Dixon Farmhouse. In addition, Committee Members raised questions regarding the provision of sidewalks throughout the proposed subdivision. - 118 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 7 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 2.2 Agency Comments 2.2.1 Region of Durham • no objections to the proposal; • the proposal provides for new housing opportunities within the community, in accordance with the policies and directions of the Regional Official Plan; and • municipal water is available to the subject property from the neighbouring subdivision to the east. 2.2.2 Toronto and Region Conservation Authority (TRCA) • no objections to the proposal; • as a condition of draft plan approval, the applicant will be required to enter into a compensation agreement with the TRCA, and pay the required funds, for the loss of ecosystem and land base features; and • staff will continue to work with the applicant to refine the values associated with the ecosystem and land base compensation requirements. 2.2.3 Durham District School Board • no objections; and • students generated from this development will attend existing neighbourhood schools. 2.2.4 Durham Catholic District School Board • no objections; and • students generated from this development will attend St. Elizabeth Seton Catholic Elementary School and St. Mary Catholic Secondary School. 2.3 Comments from City Departments 2.3.1 Engineering Services • no objections to the proposal; and • matters including, but not limited to, detailed grading and drainage, stormwater management, construction management/erosion and sediment control, site servicing, detailed right-of-way, utility locations, easements, tree compensation, fencing details, and street tree planting will be further reviewed through conditions of draft plan approval. 2.3.2 Sustainability On September 20, 2022, City Council adopted new Integrated Sustainable Design Standards for all new development in the City to replace the 2007 Sustainable Development Guidelines. The new standards consist of two tiers of performance - 119 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 8 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. measures that promote sustainable site and building design. Tier 1 elements are required for all new development applications deemed complete on or after January 1, 2023. Applications deemed complete prior to December 31, 2022, will continue to follow the 2007 Sustainable Development Guidelines and, at a minimum, achieve a minimum Level 1, or 19 points. Given that these applications were received in 2020, before the new standards were enacted, the 2007 Guidelines continue to apply. Sustainability staff have reviewed the submitted Sustainable Development Checklist, prepared by Candevcon East Limited, dated July 2020, and have no objections to the approval of these applications. The proposal aims to achieve a total of 19 points, which achieves the minimum Level 1 required in the guidelines. The applicant has identified the following optional sustainability elements to be incorporated within the development: • provide a minimum of 50 percent of plantings as native and drought-tolerant species, as well as no fertilizer or pesticide use; • provide green upgrade options, to be made available to future homebuyers; • provide Energy Star appliances; and • the proposed dwellings are located within a 250 metre walking distance of an existing transit stop, located at Finch Avenue and Rosebank Road. Sustainability staff are satisfied that the proposal complies with the 2007 Sustainable Development Guidelines. 3. Planning Analysis 3.1 The proposal conforms to the Pickering Official Plan 3.1.1 The proposed development falls within the permitted density range The subject property is located within the Rouge Park Neighbourhood and is designated “Urban Residential Areas – Low Density Area”. This designation primarily permits residential or related uses at a maximum net residential density of up to and including 30 units per net hectare. The proposal will result in a residential density of approximately 24 units per net hectare. The proposal complies with the density requirements within the Official Plan. 3.1.2 The proposed zoning standards are in keeping with the zoning standards for adjacent development The Official Plan states that, in establishing performance standards, regard shall be had for protecting and enhancing the character of established neighbourhoods by considering matters such as building height, yard setbacks and lot coverage. The Official Plan also states that where new development is proposed within an existing neighbourhood or established area, City Council shall encourage building design that reinforces and complements existing built patterns such as form, massing, height proportion, position relative to the street, and building area to site ratio. - 120 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 9 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. To implement the proposed development, the applicant is proposing site-specific zoning standards. Attachment #5 to this report provides a comparison of the proposed zoning standards for this development, and the zoning standards for the existing subdivisions to the west and east. The zoning standards for the proposed lots are in keeping with the standards of the adjacent subdivisions regarding lot size and frontage, yard setbacks, and lot coverage. The zoning standards for the adjacent subdivisions permit a maximum building height of 11.0 metres for dwellings to the west and 12.0 metres for dwellings to the east. However, the actual building height of these dwellings generally range between 7.9 and 10.3 metres for dwellings to the west and 7.5 and 8.0 metres for dwellings to the east. As such, to have regard for the existing built form, while still allowing flexibility for the design of the dwellings, staff are recommending a maximum building height of 10.5 metres for lots along the west side of this subdivision, and 10.0 metres for all other lots (excluding the heritage lot, which permits a maximum building height of 8.0 metres). The applicant has worked with staff to ensure that the proposed zoning standards for the subdivision are in keeping with the zoning standards of the surrounding area. Staff are satisfied that the proposed lot sizes, and recommended zoning standards, will ensure that the size, scale, massing and setbacks of the future dwellings will be in keeping with the surrounding built form. 3.1.3 Compensation to be provided for the removal of environmental features A portion of the property along the north lot line is designated “Open Space System – Natural Areas”. The Natural Areas land use designation is further identified as “Significant Woodlands” and “Rouge-Duffins Wildlife Corridor”. In accordance with the Official Plan, an Environmental Impact Study (EIS) is required for any proposed development located within 120 metres of a key natural heritage or key hydrologic feature. In support of the proposed development, the applicant has submitted a Scoped Environmental Impact Study, dated June 2020, and Addendum Letter, dated April 26, 2022, both prepared by GEI Consultants Ltd. The EIS concludes that there are no significant valleylands, significant wetlands, or Areas of Natural and Scientific Interest located on, or within, 120 metres of the subject property. In addition, no significant wildlife habitat was identified on, or within, 120 metres of the subject lands. However, there are several small unevaluated wetlands present on the property, totalling about 0.15 of a hectare. An unevaluated wetland is not a significant wetland identified by the Ministry of Natural Resources and Forestry (MNRF), but is a wetland that may be identified for conservation by a Municipality or Conservation Authority. The EIS concludes that the unevaluated wetlands are degraded, do not support amphibian breeding, and contain invasive, non-native plant species. As such, 0.346 of a hectare of unevaluated wetland is proposed to be removed on the subject property to facilitate the proposed development. - 121 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 10 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. In accordance with TRCA policies, compensation for the loss of the ecosystem features, and the value of land base upon which they are located, is required. Due to site constraints, the applicant is opting to provide compensation in the form of cash-in-lieu. TRCA staff have reviewed the submitted EIS and Addendum Letter, as well as the proposed compensation measures provided by the applicant, and have no objections to the proposed development. As a condition of draft plan approval, the applicant will be required to enter into an ecosystem compensation agreement with the TRCA, and pay the required funds, before the registration of the draft plan of subdivision. The total required ecosystem compensation is $70,961.76. However, this amount will be refined by the TRCA through conditions of draft plan approval. Additionally, 0.06 of a hectare of woodland is proposed to be removed from the subject property to accommodate the proposed development. The EIS notes that, although the woodlands do not meet the criteria for Significant Woodlands based on MNRF standards, the City’s Official Plan designates a portion of the woodlands (approximately 53 trees) as significant. The applicant has submitted a Revised Tree Inventory Report and Preservation Plan, prepared by GEI Consultants Ltd., dated April 2022. The report concludes that, of the 296 trees inventoried on-site, 50 percent are native to the TRCA watershed. In accordance with the City’s tree compensation requirements, the applicant is proposing to provide 338 trees for compensation, for the removal of 271 trees. Compensation trees are to be native to the TRCA watershed. Boulevard tree planting for municipal right-of-ways may not be considered as part of the tree compensation requirements. Compensation may also be provided as cash-in-lieu. Details regarding tree compensation will be refined through conditions of draft plan approval. The proposal conforms to applicable density, built form and environmental policies within the Official Plan. 3.2 The proposal conforms to the Rouge Park Neighbourhood Policies and Development Guidelines The Rouge Park Neighbourhood Policies and Development Guidelines establish development goals, and provide specific criteria to ensure lands are developed in a cohesive, well-designed neighbourhood. The guidelines state that a network of both public and private roads will be required to provide for permeability, and to facilitate efficient vehicular and pedestrian circulation within the neighbourhood. Additionally, the Rouge Park Neighbourhood Map and Development Guidelines Tertiary Plan show a proposed westerly road extension of Rougewalk Drive, extending west through the subject property and several properties further west, to then connect to Finch Avenue. However, immediately to the west of the subject property is a recently constructed residential common element condominium development, which precludes the extension of Rougewalk Drive beyond the subject property. As such, the applicant is - 122 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 11 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. proposing a westerly extension of Rougewalk Drive through the subject property only, to intersect with Finch Avenue, and an extension of Mahogany Court to connect to the extension of Rougewalk Drive (see Revised Draft Plan of Subdivision, Attachment #4). The proposed road extensions will provide a cohesive road network between the existing dwellings to the east and the proposed development, which will help to integrate the two subdivisions. In addition, the proposed road extensions will provide a second access point between the two subdivisions and Finch Avenue. The Rouge Park Neighbourhood Policies discourage designs which require the use of reverse frontages, berms, and significant noise attenuation fencing adjacent to Finch Avenue. The Guidelines specify that attention to a dwelling’s relationship with the street is important, and that development adjacent to Finch Avenue should establish a strong visual and physical relationship with the street. Further, the guidelines state that homes should feature prominent main entrances that are easily identifiable and visible from the street, and that homes should provide windows and doorways at the front of the house to provide “eyes on the street”. In accordance with the above-noted guidelines, the front yards of the proposed lots are orientated to face Finch Avenue, Rougewalk Drive, and Mahogany Court, with no rear yards facing the street. In addition, the proposed heritage lot, where the Dixon Farmhouse will be relocated to, is proposed to be accessed from Finch Avenue. The heritage lot will be highly visible from Finch Avenue, which will help to develop a strong visual and physical relationship between the subdivision and Finch Avenue. The proposed development has regard for the design objectives of the Rouge Park Neighbourhood Policies and Development Guidelines. As a condition of draft plan approval, the applicant will be required to submit preliminary model designs for the dwellings, to be reviewed and approved by the City’s Urban Design Review Consultant. Through this process, staff will continue to work with the applicant to ensure the design objectives of the Rouge Park Neighbourhood Policies and Development Guidelines are met. 3.3 The Dixon Farmhouse will be retained and relocated to increase its visibility as a heritage landmark along Finch Avenue Policy 8.1 in the Official Plan states that City Council shall respect its cultural heritage, and conserve and integrate important cultural heritage resources from all periods into the community. Policy 8.4 states that City Council, in consultation with its heritage committee, shall implement the provisions of the Ontario Heritage Act, including the designation of heritage sites. Further, Policy 8.9 states that, in consideration of the use and reuse of heritage resources, City Council shall maintain, if possible, the original use of heritage structures and sites, and retain the original location and orientation of such structures. As part of the revised proposal, the applicant is proposing to retain the Dixon Farmhouse and relocate it to Lot 28 of the revised draft plan, which is 8.8 metres south and 7.0 metres east of the dwelling’s original location (see Figure 3 on the next page). - 123 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 12 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. In addition, the applicant is proposing to complete a full restoration of the Dixon Farmhouse, and to construct a two-storey addition, with an integrated garage, at the rear of the dwelling (see Figure 4 on Page 13). To accommodate the rear addition, the applicant is proposing to remove and salvage the non-original portico currently located at the rear of the dwelling (an image of the portico can be found on Page 4, Figure 2). The applicant anticipates salvaging the portico for re-use on-site. If it is not possible to accommodate the portico on-site, then it will be salvaged off-site, in partnership with a local company that salvages historic fabric and architectural materials. Figure 3: Proposed preliminary siting plan for the Dixon Farmhouse In support of the revised proposal, the applicant has submitted a Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated April 8, 2022. The purpose of the HIA is to determine any cultural heritage resources that may be adversely impacted by the proposed development and to recommend an overall approach to conserve the heritage resources. - 124 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 13 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. To minimize the impact of development on the heritage attributes of the Dixon Farmhouse, the HIA recommends several mitigation strategies related to scale, form, massing, and materiality. The recommended mitigation measures include, but are not limited to: • incorporating a rural landscape strategy to screen views of dwellings on adjacent lots, with planting along the west property line designed to obscure views of contemporary housing and conserve the rural character of the site (see Figure 5 on Page 14); • ensuring the built form of adjacent dwellings is compatible with and sympathetic to the Dixon Farmhouse, by including simple contemporary materials that do not replicate or compete with the existing building’s stone (ex., wood cladding); • ensuring the relocation of the Dixon Farmhouse conserves a substantial setback from Finch Avenue, which is characteristic of a farmstead lot, and identified as a heritage attribute (based on the proposed relocation of the dwelling, the Dixon Farmhouse will maintain a 22.6 metre setback from Finch Avenue, which is a slight reduction from the existing setback of 28.7 metres); • ensuring the rear addition is designed to be compatible with, and subordinate to, the existing heritage resource, through strategies including, but not limited to: • a roofline that is no higher than the Dixon Farmhouse’s existing roofline; • location, orientation and roof pitch to reference the typical form and massing of rear wings on historic Ontario farmhouses; • location of an integrated garage so that it is served by a linear driveway past the farmhouse, a typical condition on historic farmsteads, and consistent with the historic condition on-site; and • design of contemporary windows to be proportionate to the windows on the heritage resource. Figure 4: Views of the Dixon Farmhouse and conceptual rear addition - 125 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 14 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 3.3.1 The Heritage Impact Assessment has been reviewed by the City’s Peer Architect The City Development Department retained Branch Architecture to conduct a Peer Review of the submitted HIA. The following is a summary of comments provided by Branch Architecture: • The Dixon Farmhouse property merits designation under Part IV of the Ontario Heritage Act. • The HIA satisfies the City’s Heritage Impact Assessment requirements, and the current proposal provides for the conservation of the cultural heritage value and heritage attributes of the property. The HIA responds to comments provided to date on the cultural heritage interests of the site, provides for the conservation of the heritage attributes of the property, and recommends design measures to mitigate potential impacts of proposed residential development. • The proposed relocation of the Dixon Farmhouse is acceptable given that: • the building will maintain its south- facing orientation, have a deep front yard setback, and be visible from Finch Avenue; • the new landscape design will reflect the site’s historic rural character (see Figure 5, and Figure 6 on the next page); and • a heritage building mover has determined that the building is a good candidate for relocation. • The proposed restoration scope of work is appropriate and reflects the current condition of the building, and the strategy to construct a compatible rear addition is sound. The HIA thoroughly and thoughtfully discusses how each potential impact has been mitigated and the proposed design measures that will mitigate these potential impacts. Figure 5: Conceptual landscape plan for the heritage lot - 126 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 15 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. • The rear portico should be made available for salvage and reuse, but it is not integral to this site. • Before the issuance of a Heritage Permit, a Conservation Plan should be submitted to City staff, and include the following: • a written description of the conservation scope of work, supported by drawings describing the landscape design, and building restoration and rehabilitation; • an explanation of how the adjacent subdivision residences have been designed to be compatible with and sympathetic to the Dixon Farmhouse; and • long-term building conservation and maintenance plan guidelines. Staff concur with Branch Architecture’s analysis. The conceptual proposal for the Dixon Farmhouse will ensure the dwelling maintains prominence along Finch Avenue, signifying it as a heritage landmark. Figure 6: Front view of the Dixon Farmhouse and conceptual rear addition 3.3.2 The Heritage Pickering Advisory Committee supports the retention and relocation of the Dixon Farmhouse On January 18, 2023, the Heritage Pickering Advisory Committee received a presentation from the applicant’s heritage consultant, ERA Architects Inc., regarding their proposal and strategy for retaining and relocating the Dixon Farmhouse. Based on the revised proposal, the Committee endorsed the following recommendations: • That Heritage Pickering Advisory Committee supports the applications for Draft Plan of Subdivision (SP-2020-02) and Zoning By-law Amendment (A 10/20) to retain and relocate the Dixon Farmhouse building onsite, as illustrated in the Heritage Impact Assessment, prepared by ERA Architects Inc., dated April 8, 2022; - 127 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 16 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. • That the implementing zoning by-law amendment include a Holding “H” Symbol on Lot 28, and as a condition of removal of the hold, the Owner shall obtain Site Plan Approval for the proposed relocation, restoration, and addition to the Dixon Farmhouse; • That Heritage Pickering Advisory Committee be consulted on the final siting of the Dixon Farmhouse, the addition, and restoration plan, before the issuance of Site Plan Approval; • That the applicant undertakes the following to prevent vandalism and deterioration of the unoccupied Building: • erect a “no-trespassing” sign in a visible location on the property, indicating that the house is to be preserved on-site and should not be vandalized and/or scavenged; and • install a 2.4 metre fence around the perimeter of the house to protect the building until the completion of construction in the vicinity of the dwelling. • That, as a condition of Draft Plan Approval, the applicant submit a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment, prepared by ERA Architects Inc., dated April 8, 2022, and that the materials be forwarded to the Heritage Pickering Advisory Committee for comment; • That, as a condition of Draft Plan Approval, the applicant provide a Letter of Credit to secure all works included in the approved Conservation Plan, to the satisfaction of the Director, City Development; • That, after the Dixon Farmhouse has been moved to its new location, a reference plan be provided to the City of Pickering to identify the new location of the Dixon Farmhouse, and that Council pass a by-law to designate Lot 28, and identify the heritage features, under Section 29, Part IV of the Ontario Heritage Act; • That, after a designation by-law has been registered on title, a heritage plaque be placed on the building or the site at the owner’s expense; • That the City enter into a Heritage Easement Agreement with the owner to ensure the ongoing maintenance, protection, and repair of the Dixon Farmhouse is in keeping with the Heritage Designation By-law and the Ontario Heritage Act; and • That the comments and discussion of the Heritage Pickering Advisory Committee, from the January 18, 2023 meeting, be included by staff in a future recommendation report to the Planning & Development Committee. 3.3.3 Site Plan Approval will be required for the relocation and proposed rear addition to the Dixon Farmhouse In accordance with the recommendations of the Heritage Pickering Advisory Committee noted above, the implementing zoning by-law will establish a “H” Holding Symbol for the - 128 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 17 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. proposed heritage lot. As a condition of removal of the holding, the Owner will be required to obtain Site Plan Approval for the proposed restoration and addition to the Dixon Farmhouse. Through the site plan review process, the Heritage Pickering Advisory Committee will have additional opportunities to review and comment on the conservation plan, and details regarding the restoration of the dwelling and the landscaping surrounding the building. 3.4 Sidewalks to be provided along the proposed road extensions and Finch Avenue During the statutory public meeting, Committee Members questioned the applicant’s intention to construct sidewalks throughout the proposed subdivision and along the north side of Finch Avenue. The Rouge Park Neighbourhood Development Guidelines state that sidewalks are required on at least one side of all new public roads. In accordance with these guidelines, the applicant will be required to provide a 1.5 metre wide sidewalk along one side of the proposed extensions of Rougewalk Drive and Mahogany Court, to connect to the existing sidewalks along these roads. In addition, the applicant will be required to provide a continuation of a future sidewalk along Finch Avenue. As a condition of draft plan approval, the applicant will be required to submit appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, and sidewalks, to the satisfaction of the City of Pickering Engineering Services Department. 3.5 The applicant is required to pay their proportionate share of the cost of the Rouge Park Neighbourhood Study and Finch Avenue storm sewer As a condition of draft plan approval, the applicant will be required to pay their proportionate share of the cost of the Rouge Park Neighbourhood Study. In addition, the applicant will be required to pay their proportionate share of the cost of the installation of the Finch Avenue storm sewer, from Rosebank Road to Napanee Road. 3.6 Response to comments/questions raised by neighbouring landowners The following is a summary of key comments/questions raised by neighbouring landowners, and the applicant’s response. Comments/Questions from Neighbouring Landowners Applicant’s Response An area resident expressed concerns with the proposed removal of 14 mature, healthy trees which are approximately 30 metres in height, located near the northeast corner of the property. As part of the revised proposal, the applicant has submitted a Revised Tree Inventory Report and Preservation Plan, prepared by GEI Consultants Ltd., dated April 2022. GEI Consultants inventoried 296 trees on the subject property. Under the original proposal, the applicant was proposing to preserve 5 trees and - 129 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 18 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Comments/Questions from Neighbouring Landowners Applicant’s Response remove 291 trees, including several trees located at the northeast corner of the site. In response to the comments received from this area resident, the applicant has revised the proposal to ensure the preservation of 25 trees, including 8 trees located at the northeast corner of the site. GEI Consultants have recommended several tree protection measures to ensure the long-term survival of the 25 trees. These protection measures include, but are not limited to: • installation of tree protection fencing, to prevent physical damage to any tree and to prevent compaction of the soil; • any brush clearing required within a tree protection zone should be completed using hand-operated equipment and should be lifted out and not skidded out; and • horizontal root protection should be used in locations where regular movement of construction equipment through a tree protection zone is anticipated. An area resident expressed concerns about the lack of privacy and increased traffic noise on Mahogany Court as a result of the road being extended, as it will result in through-traffic from Finch Avenue and Rougewalk Drive. In support of the proposed development, the applicant has submitted a Traffic Brief, prepared by Trans-Plan, dated June 22, 2020. The study found that during the weekday morning peak hour (between 7:45 am and 8:30 am) and the weekday afternoon peak hour (5:15 pm and 6:00 pm), the development is anticipated to generate approximately 15 two-way residential trips (between 4 and 9 inbound trips and 6 to 11 outbound trips). The study concludes that the existing and proposed site accesses onto Finch Avenue will continue to operate at acceptable levels for inbound and outbound vehicular movements, without any notable impacts on through roadway traffic on Finch Avenue. The abutting property to the east (441 Mahogany Court) is subject to an easement, which provides The applicant has stated that they intend to remove the easement after draft plan approval has been granted. - 130 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 19 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Comments/Questions from Neighbouring Landowners Applicant’s Response vehicular access to the subject property onto Finch Avenue. Louisville Homes Limited, who is the landowner of 441 Mahogany Court, requested that the applicant remove the easement through these applications. Louisville Homes Limited requires the removal of the easement to construct a detached dwelling on their lot. In addition, Louisville Homes Limited requested that the applicant share the cost of constructing a boundary fence along the shared east property line. In regards to the requested boundary fence, the applicant has stated that the lots within the proposed plan of subdivision are not corner lots and are not adjacent to any municipal open space lands. As such, the applicant has indicated that the construction of boundary fencing is not the responsibility of the applicant. The applicant has stated that the ultimate establishment of boundary fencing will be determined by future homebuyers. On August 1, 2023, the applicant confirmed to the City that this information has been relayed to Louisville Homes Limited. Notwithstanding the applicant’s response above, a portion of the lot owned by Louisville Homes Limited directly abuts the proposed heritage lot, and the provision of fencing around the heritage lot may be required. Through the Site Plan Approval process, staff will work with the applicant to determine the fencing requirements for the heritage lot. Pickering Shores Development Inc., who is the landowner of an abutting property to the east (450 Mahogany Court), expressed concerns related to the applicant’s submitted Functional Servicing and Stormwater Management Report. Their concerns include, but are not limited to: • ensuring the protection of existing municipal services during the construction of the proposed road extensions; • the applicant’s responsibility to relocate or remove existing utilities, such as street lights or watermains, that may be required to complete the road extensions; and • ensuring the applicant works with adjacent landowners to The applicant has acknowledged the comments from Pickering Shores Development Inc. on the Functional Servicing and Stormwater Management Report. As a condition of draft plan approval, the applicant will be required to prepare and submit appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading and streetlights. All plans will be reviewed by City staff to ensure compliance with the City’s engineering standards. - 131 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 20 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. Comments/Questions from Neighbouring Landowners Applicant’s Response locate driveway curbs for adjacent lots, during the construction of the road extensions. 4. Technical matters will be addressed through conditions of draft plan approval To ensure appropriate development of the land, the City, Heritage Pickering, Region of Durham, Toronto and Region Conservation Authority, and other external agency requirements have been provided as conditions of draft plan approval. Technical matters to be further addressed include, but are not limited to: • architectural treatment; • noise attenuation measures; • construction management/erosion and sediment control; • on-site grading and drainage; • site servicing; • fencing; • street tree planting and tree compensation; • conveyance of lands for parkland dedication; and • review and approval of a conservation plan for the Dixon Farmhouse. The draft conditions of approval, set out in Appendix I to this report, addresses these, and other matters. It is recommended that Council endorse these conditions. 5. Zoning By-law to be finalized and forwarded to Council for enactment The applicant is proposing to rezone the subject property to establish a residential plan of subdivision, consisting of 31 lots for detached dwellings. Staff recommend that the implementing zoning by-law, containing the standards set out in Appendix II to this report, be finalized and brought before Council for enactment. 6. Mahogany Court When the draft plan of subdivision to the west was registered, it was not clear whether the street named Mahogany (Court) would connect with another street. Therefore, it was given the suffix “Court’. Through the design of draft plan of subdivision SP-2020-02, a logical connection was identified between the west end of Mahogany Court to the north-south extension of Rougewalk Drive. Accordingly, in the future, prior to the registration of draft plan of subdivision SP-2020-02, staff will initiate the process to identify the proper suffix for Mahogany, notify residents on the existing Mahogany Court, Canada Post, other required agencies, as well as the land registry office, with respect to the change to the suffix for Mahogany. - 132 - PLN 30-23 September 5, 2023 Subject: Draft Plan of Subdivision Application SP-2020-02 Page 21 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 7.Applicant’s Comments The applicant has been advised of and concurs with the recommendations of this report. Appendix Appendix I Recommended Conditions of Approval for Draft Plan of Subdivision SP-2020-02 Appendix II Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 10/20 Attachments: 1.Location Map 2.Air Photo Map 3.Original Draft Plan of Subdivision 4.Revised Draft Plan of Subdivision 5.Zoning Provisions Comparison Chart Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 133 - Appendix I to Report PLN 30-23 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2020-02 - 134 - Recommended Conditions of Approval for Draft Plan of Subdivision SP-2020-02 General Conditions 1. That the Owner shall prepare the final plan generally on the basis of the draft plan of subdivision, prepared by GHD Inc., as revised and dated March 2022, which illustrates 31 lots for detached dwellings, 2 part blocks for future development, 1 parkland block, 1 environmental block, 2 public roads and 1 block for a road widening. Region of Durham 2. That the Owner shall submit plans showing the proposed phasing to the Region of Durham and the City of Pickering for review and approval if this subdivision is to be developed by more than one registration. 3. That the Owner shall grant to the Region, any easements required to provide Regional services for this development. The easements shall be in locations and of such widths as determined by the Region. 4. That the Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region of Durham and are to be completed prior to final approval of this plan. 5. That prior to entering into a Subdivision Agreement, the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 6. That the Owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, the execution of a Subdivision Agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 7. That the Owner shall convey to the Region, free and clear of all encumbrances, a road allowance widening across the total frontage of the plan on Finch Avenue. The widening shall be determined as a distance of 4.94 metres north of the existing streetline; which in turn results a measured distance of 15 metres north of the centreline of the original road allowance. 8. That the Owner shall convey to the Region, free and clear of all encumbrances, a 10.0 metre by 7.5 metre sight triangle on the northeast and northwest of Finch Avenue and Rougewalk Drive. - 135 - Recommended Conditions of Approval Page 2 SP-2020-02 – Pickering Forest Inc. 9. That the Owner shall submit the report, entitled, “Stage 1 and 2 Archaeological Assessment – 450 Finch Street, Pickering, ON, Part Lot 31, Concession 2, Geographic Township of Pickering, Regional Municipality of Durham Plan 40R-27140”, prepared by Parslow Heritage Consultancy Inc., dated June 25, 2020 to the Ministry of Citizenship and Multiculturalism. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Citizenship and Multiculturalism. 10. That the Owner shall agree in the Pickering Subdivision Agreement to implement the recommendation(s) of the report, entitled “Environmental Noise Assessment – 450 Finch Avenue” prepared by YCA Engineering Ltd., dated May 2020 which specifies noise attenuation measures for the development. The measures shall be included in the Subdivision Agreement and must also contain a full and complete reference to the noise report (i.e., author, title, date and any revisions/addenda) and shall include warning clauses identified in the study. 11. That prior to the finalization of this Plan of Subdivision, the Owner must provide updated Environmental Site Assessment documentation and satisfactory evidence to the Region of Durham in accordance with the Region’s Soil and Groundwater Assessment Protocol. Subdivision Agreement 12. That the Owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City’s requirements, financial and otherwise, which shall include, but not necessarily be limited to the conditions outlined in this document. 40M-Plan 13. That the Owner submits a Draft 40M-Plan to the satisfaction of the City Development Department. Street Names 14. That street signage be provided to the satisfaction of the City of Pickering. 15. That the streets be named to the satisfaction of the City of Pickering. Development Charges & Development Review & Inspection Fee 16. That the Owner satisfies the City financially with respect to the Development Charges Act. 17. That the Owner satisfies the City with respect to payment for the Development Services Engineering Review Fee, Residential Lot Grading Review Fee, Road Degradation Fee, and Development Services Inspection Fees and any additional fees which may be applicable. - 136 - Recommended Conditions of Approval Page 3 SP-2020-02 – Pickering Forest Inc. Cost Recovery 18. That the Owner satisfies the City with payment in the amount of $1,397.50, payable to Vee-An Management, for their proportionate share of the preparation of the Rouge Park Neighbourhood Study. 19. That the Owner satisfies the City with payment in the amount of $48,280.02, payable to Vee-An Management, for their proportionate share of the installation of the Finch Avenue storm sewer from Rosebank Road to Napanee Road. 20. That the Owner provide written confirmation from Marshall Homes (Finch) Ltd. that it is in good standing with respect to the Cost Sharing Agreement, dated October 19, 2021, between the Owner and Marshall Homes (Finch) Ltd., regarding the extension of storm services on Finch Avenue from Rosebank Road westerly to the Lands. No approvals will be granted until such time as such confirmation is received by the City. Architectural Control 21. That the Owner submits preliminary model designs for sale to be reviewed and approved by the City’s Urban Design Review Consultant. The Owner will be responsible for the City’s full cost of undertaking this review. Stormwater 22. That the Owner satisfies the Director, Engineering Services, respecting the stormwater drainage and management system to service all the lands in the subdivision, and any provision regarding easements. 23. That the Owner satisfy the Director, Engineering Services regarding the revision of stormwater maintenance fees. Grading 24. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a grading control plan. 25. That the Owner satisfies the Director, Engineering Services, respecting authorization from abutting landowners for all off-site grading. Geotechnical Investigation 26. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a geotechnical soils analysis. Fill & Topsoil 27. That the City of Pickering’s Fill & Topsoil By-law prohibits soil disturbance, removal, or importation of material to the site unless a permit has been issued. No on-site works prior to Draft Plan Approval is permitted. A Fill and Topsoil Permit will be required should grading works proceed prior to a Subdivision Agreement. - 137 - Recommended Conditions of Approval Page 4 SP-2020-02 – Pickering Forest Inc. Construction/Installation of City Works & Services 28. That the Owner satisfies the Director, Engineering Services, respecting the construction of Municipal Services such as roads, curbs, storm sewers, sidewalks, and boulevard designs through the submission and approval of site servicing plan(s). 29. That the Owner satisfy the City respecting arrangements for the provision of all services required by the City. 30. That the Owner satisfies the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services. 31. That the Owner agrees that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Subdivider. 32. That the Owner satisfy the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required. Phasing & Development Coordination 33. That if this subdivision is to be developed by more than one registration, the Owner will be required to submit a plan showing the proposed phasing, all to the satisfaction of the Region of Durham and the City. Dedications /Transfers/Conveyances/Reserves 34. That the Owner conveys to the City, at no cost, any easements and any reserves as required by the City. 35. That the Owner conveys to the City, at no cost, the extensions of the municipal public roads known as Rougewalk Drive and Mahogany Court. Development Blocks 36. That the Owner satisfies the City with respect to a program or undertaking for the disposition of Part Block 33 within Draft Plan of Subdivision SP-2020-02, inclusively, or acquisition of abutting Part Block 63 on Plan 40M-2254 prior to registration. This may require properties merging on title. No building permit shall be requested until any land assembly has been completed to the satisfaction of the City. 37. That the Owner satisfies the City with respect to a program or undertaking for the disposition of Part Block 34 within Draft Plan of Subdivision SP-2020-02, inclusively, or acquisition of abutting Part Block 58 and Part Block 74 on Plan 40M-2254 prior to registration. This may require properties merging on title. No building permit shall be requested until any land assembly has been completed to the satisfaction of the City. - 138 - Recommended Conditions of Approval Page 5 SP-2020-02 – Pickering Forest Inc. 38. Until such time as the blocks referred to above are developed, the Owner shall keep and maintain those blocks, or so many of them as remain undeveloped, in a clean and orderly fashion, to the satisfaction of the City and at no expense to the City. Easements 39. That the Owner, to the satisfaction of the Director, Engineering Services, provide any required easement for works, facilities or use rights that are required by the City of Pickering. 40. That the Owner conveys any easements to any utility to facilitate the installation of their services in a location(s) satisfactory to the City and the utility. 41. That the Owner arrange, at no cost to the City, any easements required on third party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after draft approval. Construction Management Plan 42. That the Owner satisfies the City respecting the submission and approval of a Construction Management, with such Plan to contain, among other matters: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets, or the proposed public street; (iii) confirmation that the City’s Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; and (vii) details of the temporary construction access. 43. That the Owner shall agree in the subdivision agreement, in wording acceptable to the City, to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period. Fencing 44. That the Owner satisfies the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works. - 139 - Recommended Conditions of Approval Page 6 SP-2020-02 – Pickering Forest Inc. 45. That the Owner satisfies the City with respect to the provision of fencing for lots and blocks that are: (i) adjacent to or backing on to open space lands; (ii) adjacent to or backing on to any park parcel; (iii) adjacent to any walkway block; (iv) adjacent to or backing on to lands having conflicting zoning, such as agricultural, commercial or recreational; and (v) identified in the Noise Attenuation Report. Landscaping 46. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a boulevard street tree planting plan. Tree Compensation 47. That the Owner agrees that prior to final approval of the draft plan, compensation for the loss of tree canopy will be required either through replacement planting or cash-in-lieu, to be paid to the City of Pickering. In accordance with Council Resolution #387/18, approved on January 15, 2018, tree removal compensation is to be calculated in accordance with the City of Pickering Tree Inventory, Preservation and Removal Compensation requirements. Where compensation through replanting is being considered, the Owner will be required to provide a Landscape Plan indicating the location, size and species of all trees, including boulevard trees, to the satisfaction of the Director, Engineering Services. Engineering Plans 48. That the Owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing, fibre optic conduit and tree planting, and financially-secure such works. 49. That the engineering plans be coordinated with the architectural design objectives. 50. That the Owner ensure that the engineering plans are coordinated with the streetscape/architectural control guidelines and further that the engineering plans coordinate the driveway, street hardware, and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved. Noise Attenuation 51. That the Owner shall agree in the subdivision agreement to implement the recommended noise control measures and warning clauses of the study entitled Environmental Noise Assessment, prepared by YCA Engineering Limited, as dated May 22, 2020. - 140 - Recommended Conditions of Approval Page 7 SP-2020-02 – Pickering Forest Inc. Parkland Dedication 52. That the Owner shall acquire Part Block 59 and Part Block 61 on Plan 40M-2254 to be combined with Block 32 within Draft Plan of Subdivision SP-2020-02 for the purposes of creating a single park parcel. 53. That the Owner shall convey to the City, at no cost and in a physical condition acceptable to the City, Block 32 within Draft Plan of Subdivision SP-2020-02 and Part Block 59 and Part Block 61 on Plan 40M-2254 for the purposes of parkland dedication, in order to satisfy Section 42(1) of the Planning Act. 54. That prior to the City accepting any park parcel, the Owner shall submit a detailed grading plan that demonstrates the park parcel will function to the satisfaction of the City of Pickering. Fire 55. That the Owner agrees that no development will proceed on any land until adequate services are available including adequate water pressure to the satisfaction of the City’s Fire Services Department. Model Homes 56. That the Owner enters into a model home agreement with the City, if applicable for this draft plan. All model homes must satisfy all architectural requirements. Heritage 57. That the Owner agrees to retain the Dixon Farmhouse, known municipally as 450 Finch Avenue, and relocate the building to Lot 28 within Draft Plan of Subdivision SP-2020-02. 58. That the Owner agrees to undertake the following to prevent vandalism and deterioration of the unoccupied Building: a) Erect a “no-trespassing” sign in a visible location on the property indicating that the house is to be preserved onsite and should not be vandalized and/or scavenged; and b) Install a 2.4 metre fence around the perimeter of the house to protect the building until the completion of construction in the vicinity of the dwelling. 59. That prior to final approval of the plan, the Owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment, prepared by ERA Architects Inc., dated April 8, 2022, to the satisfaction of the Director, City Development. - 141 - Recommended Conditions of Approval Page 8 SP-2020-02 – Pickering Forest Inc. 60. That prior to final approval of the plan, the Conservation Plan referenced above shall be peer reviewed by the City’s Heritage Review Consultant. The Owner will be responsible for the City’s full cost of undertaking this review. 61. That the Owner and City acknowledge and agree, that prior to final Site Plan approval, the Owner shall provide final site plan drawings substantially in accordance with the approved Conservation Plan, to the satisfaction of the Director, City Development. 62. That prior to final approval of the plan, the Owner shall provide a Letter of Credit, to secure all works included in the approved Conservation Plan, to the satisfaction of the Director, City Development & CBO. 63. That the Owner and City acknowledge and agree, that prior to final Site Plan approval, the Owner prepare a reference plan illustrating the boundaries of the heritage property. 64. That the Owner agrees to permit the designation of Lot 28 and structures within Draft Plan of Subdivision SP-2020-02 under Part IV of the Ontario Heritage Act, to the satisfaction of the Director, City Development & CBO. 65. That the Owner enter into a Heritage Easement Agreement with the City to ensure the ongoing maintenance, protection and repair of the Dixon Farmhouse is in keeping with the heritage designation by-law and the Ontario Heritage Act. Toronto and Region Conservation Authority 66. That prior to the initiation of final grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the Owner shall submit the following to the Toronto and Region Conservation Authority (TRCA) and the City of Pickering for review and approval: a. A detailed Stormwater Management Report to include a detailed design for the storm drainage system for the proposed development including: i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate Low Impact Development stormwater management practices to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design and maintenance plans for any stormwater management facilities; iv. an Erosion and Sediment Control Report and Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2006), as amended; - 142 - Recommended Conditions of Approval Page 9 SP-2020-02 – Pickering Forest Inc. v. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended. b. Site grading, construction sequencing, and erosion and sediment control plans. c. An ecosystem compensation agreement and the required funds for any wetland impacts, to the satisfaction of TRCA, prior to the issuance of any permits under the Conservation Authorities Act. 67. That the Owner agrees in the subdivision agreement, in wording acceptable to the Toronto and Region Conservation Authority (TRCA): a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition 65; b. To agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA; c. To design and implement on and off-site erosion and sediment control; d. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA; e. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA; and f. To implement all water balance/infiltration measures as required under the TRCA’s Stormwater Management and Water Balance criteria. Canada Post 68. That the Owner agrees to include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail delivery will be from a designated Community Mailbox. 69. That the Owner will be responsible for notifying the purchaser of the exact Community Mailbox locations prior to the closing of any unit sale. 70. That the Owner agrees to consult with Canada Post Corporation and the City of Pickering to determine suitable location for the placement of Community Mailbox and to indicate these locations on appropriate servicing plans. 71. That the Owner agrees to provide the following for each Community Mailbox site and include these requirements on the appropriate servicing plans: (i) An appropriately sized sidewalk section (concrete pad) for the Community Mailboxes on. (ii) Any required walkway across the boulevard. (iii) Any required curb depressions for wheelchair access. - 143 - Recommended Conditions of Approval Page 10 SP-2020-02 – Pickering Forest Inc. 72. That the Owner agrees to determine and provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox location(s). 73. That the Owner agrees to provide Canada Post at least 60 business days’ notice prior to the confirmed first occupancy date to allow for the community mailboxes to be ordered and installed at the prepared temporary location. Bell Canada 74. That the Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 75. That the Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. Canadian Pacific Railway 76. That the Owner agrees to include in all offers of purchase and sale, the following clause: Canadian Pacific Railway and/or its assigns or successors in interest has or have a railway right-of-way and/or yard located adjacent to the subject land hereof with operations conducted 24 hours a day, 7 days a week, including the shunting of trains and the idling of locomotives. There may be alterations to, or expansions of, the railway facilities and/or operations in the future, which alterations or expansions may affect the living environment of the residents in the vicinity. Notwithstanding the inclusion of any noise and/or vibration attenuating measures in the design of the development and individual dwellings, Canadian Pacific Railway will not be responsible for complaints or claims arising from the use of its facilities and/or its operations on, over, or under the aforesaid right-of-way and/or yard. Hydro One Networks Inc. 77. That prior to Hydro One Networks Inc. providing its final approval, the Owner must make arrangements satisfactory to Hydro One Networks Inc. for lot grading and drainage. Digital PDF copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to Hydro One Networks Inc. for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. Drainage must be controlled and directed away from the transmission corridor. 78. That any development in conjunction with the subdivision must not block vehicular access to any Hydro One Networks Inc. facilities located on the transmission corridor. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. - 144 - Recommended Conditions of Approval Page 11 SP-2020-02 – Pickering Forest Inc. 79. That at the Owner’s expense, temporary fencing be placed along the transmission corridor prior to construction, and permanent fencing must be erected where subdivision lots directly abut the transmission corridor after construction is completed. 80. That the costs of any relocations or revisions to Hydro One Networks Inc. facilities, which are necessary to accommodate this subdivision, will be borne by the Owner. The Owner will be responsible for restoration of any damage to the transmission corridor, or Hydro One Networks Inc. facilities thereon, resulting from construction of the subdivision. 81. That the Owner acknowledge that any Hydro One Networks Inc. easement rights must be protected and maintained. Other Approval Agencies 82. That any approvals which are required from the Region of Durham or any utility for the development of this plan be obtained by the Owner and upon request written confirmation be provided to the City as verification of these approvals. 83. That the Owner, through the approval of the Utility Coordination Plan for the location(s), is to enter into an agreement with Canada Post Corporation for the provision of a Community Mailbox(es) including technical specifications and financial terms. Plan Revisions 84. That the Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of approval may require revisions to the satisfaction of the City, to implement or integrate any recommendation resulting from studies required as conditions of approval. 85. That the Owner revises the draft plan as necessary to the satisfaction of the City, to accommodate any technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include revising the number of residential building lots or reconfiguring the roads or lots to the City’s satisfaction. 86. That the Owner agrees to implement the requirements of all studies that are required by the City for the development of this draft plan of subdivision to the satisfaction of the City. 87. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 88. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham - 145 - Recommended Conditions of Approval Page 12 SP-2020-02 – Pickering Forest Inc. 89. Where agencies’ requirements are required to be included in the City of Pickering subdivision agreement, a copy of the agreement should be sent to agencies in order to facilitate their clearance of conditions for final approval of the plan. The addresses and emails of these agencies are: a) Planning Department, Region of Durham, 605 Rossland Road East, Whitby, ON L1N 6A3, applications-precons@durham.ca. b) Planning and Development, Toronto and Region Conservation Authority, 101 Exchange Avenue, Vaughan, ON L4K 5R6, durhamplan@trca.ca. c) Canada Post Corporation, 1860 Midland Avenue, 2nd Floor, Scarborough, ON M1P 5A1, Nadya.singh@canadapost.ca. d) Hydro One Networks Inc., PO Box 4300, Markham, ON L3R 5Z5, LandUsePlanning@HydroOne.com. e) Canadian Pacific Railway, 7750 Ogden Dale Road SE, Calgary, AB T2C 4X9, real_estatecanada@cpr.ca. f) Bell Canada, CA.Circulations@wsp.com. 90. Prior to final approval of the plan for registration, the Director, City Development & CBO for the City of Pickering shall be advised in writing by: a) The Region of Durham, how Conditions 1 to 11, inclusively, have been satisfied; b) The Toronto and Region Conservation, how Conditions 65 and 66, inclusively, have been satisfied; c) Canada Post Corporation, how Conditions 66 and 71, inclusively, have been satisfied; d) Hydro One Networks Inc., how Conditions 75 and 79, inclusively, have been satisfied; e) Canadian Pacific Railway, how Condition 74, inclusively, has been satisfied; and f) Bell Canada, how Conditions 72 and 73, inclusively, have been satisfied. 91. This draft approval shall lapse three years from the date the draft approval has been granted if the noted conditions have not been fulfilled, or if it has not been extended by the City of Pickering. - 146 - Appendix II to Report PLN 30-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 10/20 - 147 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 31, Concession 2, City of Pickering (A 10/20) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 31, Concession 2, in the City of Pickering to permit the development of 31 lots for detached dwellings accessed from a public road and 2 part blocks for future development; And whereas the lands being Blocks 59 and 61, Plan 40M-2254, in the City of Pickering are required to be rezoned to permit a neighbourhood park; And whereas an amendment to Zoning By-law 3036, as amended, is deemed necessary to permit such development; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands being Part of Lot 31, Concession 2, in the City of Pickering, designated “S5-3”, “S5-3-HL”, “NP”, “(H)NP” and “OS-HL” on Schedule I to this By-law. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions (1) “Balcony” shall mean an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. (2) “Bay, Bow, Box Window” shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. - 148 - By-law No. XXXX/23 Page 2 (3) “Corner Rounding” shall mean a lot line of a corner lot at the intersection of two street lines in the form of an arc that joins the front lot line to the exterior side lot line or the rear lot line to the exterior side lot line. (4) “Daylight Triangle” shall mean an area free of buildings, structures, fences and hedges up to 0.9 of a metre in height and which area is to be determined by measuring, from the point of intersection of street lines to a corner lot, the distance along each such street line and joining such points with a straight line. The triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the daylight triangle. (5) “Deck” shall mean a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (6) (a) “Dwelling” shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer. (b) “Dwelling, detached” shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures. (7) “Dwelling Depth” shall mean a horizontal distance measured from the front wall of a dwelling to the rear wall of a dwelling, excluding any allowable projection. (8) “Front Entrance” shall mean the principal entrance oriented towards the front lot line providing access to the interior of a dwelling from the exterior and does not include an access provided through an attached private garage. In the case of a corner lot, the principal entrance providing access to the interior of a dwelling from the exterior may be oriented towards the side lot line that is adjacent to the street, or abutting on a reserve on the opposite side of which is a street. (9) “Grade” or “Established Grade” shall mean, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front wall of such building and when used with reference to a structure shall mean the average elevation of the finished surface of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment. (10) “Height, Building” shall mean the vertical distance between the established grade, at the front of the house, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height between eaves and ridge. (11) (a) “Lot” shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. - 149 - By-law No. XXXX/23 Page 3 (b) “Lot Coverage” shall mean the combined areas of all the buildings on the lot measured at the level of the first floor and expressed as a percentage of the lot area. (c) “Lot Frontage” shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line. (12) “Model Home” shall mean a dwelling unit used exclusively for sales display and for marketing purposes pursuant to an agreement with the City of Pickering, and not used for residential purposes. (13) “Neighbourhood Park” shall mean a municipal public park. (14) “Porch” shall mean a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (15) “Private Garage” shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (16) “Storey” shall mean the portion of a building other than a basement, cellar, or attic, included between the surface of any floor, and the surface of the floor, roof deck or ridge next above it. (17) “Temporary Sales Office” shall mean a temporary building or structure used for the sale of lots or units in a plan of subdivision. (18) “Wall, Front” shall mean a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. (19) “Yard” shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon. (a) “Front Yard” shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot. (b) “Front Yard Depth” shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot. (c) “Rear Yard” shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. (d) “Rear Yard Depth” shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. - 150 - By-law No. XXXX/23 Page 4 (e) “Side Yard” shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot. (f) “Side Yard Width” shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot. (g) “Flankage Side Yard” shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street. (h) “Flankage Side Yard Width” shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot. (j) “Interior Side Yard” shall mean a side yard other than a flankage side yard. 5. Permitted Uses and Zone Regulations (“S5-3”, “S5-3-HL” and “S5-2” Zones) (1) Permitted Uses (“S5-3”, “S5-3-HL” and “S5-2” Zones) No person shall, within the lands zoned “S5-3”, “S5-3-HL” or “S5-2” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Detached dwelling (2) Zone Requirements (“S5-3” and “S5-3-HL” Zones) No person shall, within the lands zoned “S5-3” or “S5-3-HL” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: “S5-3” Zone “S5-3-HL” (a) Lot Area (minimum) 300 square metres 800 square metres (b) Lot Frontage (minimum) 11.0 metres 20.0 metres (c) Front Yard Depth (minimum) 4.5 metres 20.0 metres (d) Side Yard Width (minimum) 1.2 metres on one side, 0.6 metres on the other side 3.0 metres on one side, 4.5 metres on the other side - 151 - By-law No. XXXX/23 Page 5 “S5-3” Zone “S5-3-HL” (e) Flankage Side Yard Width (minimum) 2.5 metres – (f) Rear Yard Depth (minimum) 7.5 metres 2.0 metres (g) Building Height (maximum) (i) 10.0 metres (ii) 10.5 metres for the lands in the diagonal hatched area on Schedule I to this By-law 8.0 metres (h) Lot Coverage (maximum) 48 percent 30 percent (i) Parking Requirements (minimum) A minimum of 2 parking spaces per dwelling unit. (j) Driveway Width (maximum) Maximum driveway width shall not exceed the width of the exterior walls of a private garage. (k) Garage Requirements Minimum one private garage per lot attached to the main building, the vehicular entrance of which shall be located no less than 6.0 metres from the front lot line. – (l) Interior Garage Size (minimum) Each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres. However, the width may include one interior step and the depth may include two interior steps. (i) Special Provisions (“S5-3” Zone) (a) uncovered and covered unenclosed porches and associated stairs not exceeding 1.2 metres in height above established grade may encroach a maximum of 2.5 metres into the required front and flankage side yard; (b) uncovered and covered decks and associated stairs not exceeding 2.0 metres in height above established grade may encroach a maximum of 3.0 metres into the required rear yard, provided they are setback a minimum of 0.6 of a metre from the interior side lot line; (c) balconies located above the first floor projecting or recessed in the rear are prohibited; - 152 - By-law No. XXXX/23 Page 6 (d) stairs to an entrance may encroach to within a minimum of 0.6 of a metre from the interior and flankage side lot line; (e) stairs to a below grade access may encroach a maximum of 2.0 metres into the required rear yard; (f) a bay, box or bow window, with or without foundation, having a width of up to 4.0 metres may encroach a maximum of 0.6 metres into any required yard; (g) window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eaves troughs, and other similar architectural features may encroach a maximum of 0.6 of a metre into any required yard and are required to be setback a minimum of 0.6 of a metre from the interior side lot line; (h) where a lot abuts a daylight triangle, the setback provisions shall be measured as if the daylight triangle did not exist; (i) despite any front yard depth or flankage side yard width requirement, on a corner lot, the setback to a corner rounding shall be 2.0 metres; (ii) Special Provisions (“S5-3-HL” Zone) (a) window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eaves troughs, and other similar architectural features may encroach a maximum of 0.6 of a metre into any required yard; (3) Zone Requirements (“S5-2” Zone) No person shall, within the lands zoned “S5-2” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: “S5-2” Zone (a) Lot Area (minimum) 250 square metres (b) Lot Frontage (minimum) 9.0 metres (c) Front Yard Depth (minimum) 4.5 metres (d) Side Yard Width (minimum) 1.2 metres on one side and 0.6 metres on the other side (e) Flankage Side Yard Width (minimum) 2.7 metres (f) Rear Yard Depth (minimum) 7.5 metres - 153 - By-law No. XXXX/23 Page 7 “S5-2” Zone (g) Building Height (maximum) 12.0 metres (h) Lot Coverage (maximum) 48 percent (i) Dwelling Unit Requirements Maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres. (j) Parking Requirements (minimum) A. Minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line, and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street. B. No part of any attached private garage shall extend more than 2.5 metres beyond the wall containing the main entrance to the dwelling unit, except: I. where a covered and unenclosed porch or verandah extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit; or II. where a covered and unenclosed porch or verandah extends a minimum of 2.0 metres from the wall containing the main entrance to the dwelling unit and where second storey habitable floor space located above the garage is set back no more than 2.5 metres beyond the vehicular entrance of an attached private garage, no part of any attached private garage shall extend more than 6.0 metres beyond the wall containing the main entrance to the dwelling unit. (i) Special Provisions (“S5-2” Zone) (a) despite Section 5.7 of By-law 3036, uncovered steps and platforms not exceeding 2.0 metres in height shall be permitted to project a maximum of 1.5 metres into a required rear yard; (b) a bay window shall be permitted to project a maximum of 0.6 metres into any required flankage side yard. - 154 - By-law No. XXXX/23 Page 8 6. Permitted Uses and Zone Regulations (“(H)S5-3-HL” Zone) (1) Permitted Use (“(H)S5-3-HL” Zone) Until such time as the (H) Holding Provision is lifted, the lands shall not be used for any purposes other than the existing lawful uses, located on the land or in existing buildings or structures, provided such uses continue in the same manner and for the same purpose for which they were used on the day this By-law was passed. (2) Zone Requirements (“(H)S5-3-HL” Zone) The (H) Holding Provision shall, upon application by the Owner, be removed from the “S5-3-HL” Zone by City Council passing a By-law under Section 34 of the Planning Act. The following condition shall first be completed to the satisfaction of the City of Pickering: (i) That the Owner obtain Site Plan Approval for the proposed relocation, restoration and addition to the Dixon Farmhouse, known municipally as 450 Finch Avenue. 7. Permitted Uses and Zone Regulations (“NP” Zone) (1) Permitted Uses (“NP” Zone) No person shall, within the lands zoned “NP” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Neighbourhood park 8. Permitted Uses and Zone Regulations (“(H)NP” Zone) (1) Permitted Use (“(H)NP” Zone) Until such time as the (H) Holding Provision is lifted, no person shall, within the lands zoned “(H)NP” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Detached dwelling, subject to the provisions of Section 5(3) of this By-law (2) Zone Requirements (“(H)NP” Zone) The (H) Holding Provision shall, upon application by the Owner, be removed from the “NP” Zone by City Council passing a By-law under Section 34 of the Planning Act. The following condition shall first be completed to the satisfaction of the City of Pickering: (i) That the Owner acquire Part Block 59 and Part Block 61 on Plan 40M-2254 to be formed with Block 32 within Draft Plan of Subdivision SP-2020-02, for the purposes of creating a single park block. - 155 - By-law No. XXXX/23 Page 9 9. Permitted Uses and Zone Regulations (“OS-HL” Zone) (1) Permitted Uses (“OS-HL” Zone) No person shall, within the lands zoned “OS-HL” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Preservation and conservation of the natural environment, soil and wildlife; (ii) Resource management; (iii) Pedestrian trails and walkways; (2) Zone Requirements (“OS-HL” Zone) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of preservation and conservation of the natural environment, soil and wildlife, resource management, or pedestrian trail and walkway purposes. 10. Model Homes and Temporary Sales Office (1) Despite the provisions of Section 6.1 of By-law 3036, a maximum of three model homes, together with not fewer than three parking spaces per model home, may be constructed on the lands set out in Schedule I to this By-law, prior to the division of these lands by registration of a plan of subdivision. (2) A temporary sales office may be constructed on the lands set out in Schedule I to this By-law, prior to the division of these lands by registration of a plan of subdivision, subject to the following: (i) That the temporary sales office not be permitted until the plan of subdivision has received draft plan approval. (ii) That the temporary sales office comply with the minimum setback provisions of the applicable zone. 11. By-law 3036 By-law 3036, as amended, is hereby further amended only to the extend necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. - 156 - By-law No. XXXX/23 Page 10 12. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 157 - Finch Avenue Rougew a l k D r i v e Clerk Mayor Schedule I to By-Law Passed This Day of i N XXXX/23XXrd XXXX 2023 (H)S5-3-HL 70.9m NP OS-HL S5-2 S5-2 S5-3 14.0m 22.1m 2 8 . 4 m 18 5 . 2 m 40 . 5 m 105.8m 21.0m 28 . 5 m 10.7m 10.0m 4 2 . 3 m 15 . 3 m 23.6m 5.2m 19 . 6 m 31 . 8 m 29 . 8 m 40 . 6 m 4. 9 m 5.2m 4.2m3 . 3 m 1 1 . 0 m 3 . 3 m 12 . 0 m 10.6m S5-3 S5-3 14 4 . 8 m 36.8 m 24.4m 12.5m27.0m 67 . 9 m 46.5m 12 . 5 m 18.0m 4. 9 m 44.7m 54 . 6 m 30.1m 30 . 5 m 18 . 5 m 18.5m (H)NP30 . 3 m 47. 4 m S5-3 Mahog a n y C o u r t - 158 - Attachment #1 to Report PLN 30-23 Finch Avenue Sa u g e e n D r i v e Amberlea Road Ros e b a n k R o a d Wi l d f l o w e r D r i v e Se g u i n S q u a r e Sequin Park 1:5,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City Development Department Location MapFile:Applicant:Municipal Address: SP-2020-02 & A 10/20 THIS IS NOT A PLAN OF SURVEY. Date: Sep. 14, 2022 ¯ E Pickering Forest Inc. 450 Finch Avenue SubjectLands L:\PLANNING\01-MapFiles\SP\2020\SP-2020-02_A 10-20 Medallion Homes\SP-2020-20_A 10-20_LocationMap_v2.mxd - 159 - Attachment #2 to Report PLN 30-23 Finch Avenue R o u g e w a l k D r i ve Sa u g e e n D r i v e Amberlea Road Ma p l e v i e w C o u r t Ros e b a n k R o a d M a h o g a n y C o u rt Wi l d f l o w e r D r i v e Se g u i n S q u a r e 1:5,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City Development Department Air Photo MapFile:Applicant:Municipal Address: SP-2020-02 & A 10/20 THIS IS NOT A PLAN OF SURVEY. Date: Feb. 27, 2023 L:\PLANNING\01-MapFiles\SP\2020\SP-2020-02_A 10-20 Medallion Homes\SP-2020-20_A 10-20_AirPhoto.mxd ¯ E Pickering Forest Inc. 450 Finch Avenue SubjectLands - 160 - Attachment #3 to Report PLN 30-23 Original Draft Plan of Subdivision City Development Department August 15, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2020-02 & A 10/20 Pickering Forest Inc.Applicant: DATE: File No: L:\Planning\01-MapFiles\SP\2020 Municipal Address:450 Finch Avenue N Existing Location of Heritage Home - 161 - Attachment #4 to Report PLN 30-23 Revised Draft Plan of Subdivision City Development Department August 15, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2020-02 & A 10/20 Pickering Forest Inc.Applicant: DATE: File No: L:\Planning\01-MapFiles\SP\2020 Municipal Address:450 Finch Avenue N - 162 - Attachment #5 to Report PLN 30-23 Zoning Provisions Comparison Chart Provision Proposed Zoning Standards for the Subject Property (A 10/20) (Proposed detached dwellings, excluding the heritage lot) “S5-2” Zone Standards (Existing detached dwellings to the east, along Rougewalk Drive & Mahogany Court) “SD-7” Zone Standards (Existing semi-detached dwellings to the east, along Mahogany Court) “S4-20” Zone Standards (New detached dwellings to the west, along a Private Road) Lot Area (min) 300 square metres (Proposed lots range between 352 and 786 square metres) 250 square metres (Existing lots range between 343 and 626 square metres) 205 square metres (Existing lots range between 244 and 405 square metres) 300 square metres (Existing lots range between 304 and 622 square metres) Lot Frontage (min) 11.0 metres (Proposed lots range between 11 and 15.1 metres) 9.0 metres (Existing lots range between 10 and 15 metres) 7.0 metres (Existing lots range between 7.0 and 9.0 metres) 11.3 metres (Existing lots range between 11.3 and 23 metres) Front Yard Depth (min) 4.5 metres 4.5 metres 4.5 metres 4.5 metres Side Yard Width (min) 1.2 metres on one side, 0.6 of a metre on the other side 1.2 metres on one side, 0.6 of a metre on the other side 1.2 metres 1.2 metres on one side, 0.6 of a metre on the other side Flankage Side Yard Width (min) 2.5 metres 2.7 metres 2.7 metres 2.5 metres Rear Yard Depth (min) 7.5 metres 7.5 metres 7.0 metres 7.0 metres Building Height (max) (i)10.0 metres (ii)10.5 metres for lots along the west side of the proposed road extension for Rougewalk Drive 12.0 metres (Existing dwellings range between 7.5 and 8.0 metres) 12.0 metres (Existing dwellings range between 7.5 and 8.0 metres) 11.0 metres (Existing dwellings range between 7.9 and 10.3 metres) Lot Coverage (max) 48 percent 48 percent 50 percent 50 percent - 163 - Report to Planning & Development Committee Report Number: PLN 31-23 Date: September 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 09-16(R) Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Southeast corner of Finch Avenue and Altona Road (1985 and 1999 Altona Road, and 323, 327 and 331 Finch Avenue) Recommendation: 1.That Zoning By-law Amendment Application A 09/16(R), submitted by 702153 Ontario Limited, to facilitate a residential common element condominium, development consisting of 48 townhouse units, on the lands located at the southeast corner of Finch Avenue and Altona Road, be approved subject to the zoning provisions contained in Appendix I to Report PLN 31-23, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and 2.That Draft Plan of Subdivision Application SP-2016-01(R), submitted by 702153 Ontario Limited, to establish a development block to facilitate a common element condominium; an open space block, and two road widening blocks, as shown in Attachment #6 to Report PLN 31-23, and the implementing conditions of approval, as set out in Appendix II, be endorsed. Executive Summary: The subject lands are located at the southeast corner of Finch Avenue and Altona Road, within the Rouge Park Neighbourhood (see Location Map and Air Photo Map, Attachments #1 and #2). In 2016, 702153 Ontario Limited submitted applications for a Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium (common element) to facilitate a residential condominium development, consisting of 40 townhouse units and 8 back-to-back, semi-detached dwellings on the lands at 1985 and 1999 Altona Road (see Original Conceptual Plan, Attachment #3). The proposal was revised in 2018 to include additional lands (323, 327 and 331 Finch Avenue). The revised applications proposed a total of 85 residential units, comprising 36 rear-lane townhouses; 24 back-to-back townhouses; 23 traditional townhouses; and 2 semi-detached units (see Revised Conceptual Plan (2018), Attachment #4). Following consultation with City staff and the Toronto and Region Conservation Authority (TRCA), further revisions were made to refine the proposed development limits, and expand the open space block. This led to a reduction in the overall number of dwelling units from 84 units to 48 units, - 164 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 2 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited and resulted in the removal of the back-to-back townhouses and semi-detached units. Additional changes included introducing a landscaped entryway at the southeast corner of Finch Avenue and Altona Road; enlarging and relocating the common amenity space for greater visibility; and enhancing internal pedestrian connections (see Revised Conceptual Plan, Attachment #5; Revised Draft Plan of Subdivision, Attachment #6; and Revised Draft Plan of Condominium, Attachment #7). City Development staff are in support of the revised plan. The proposal conforms to the policies of the City’s Official Plan, and effectively utilizes density transfer permissions of the Rouge Park Neighbourhood polices. The proposed site layout and design creates a logical and orderly development that provides adequate parking, on-site amenity space, and a mix of rear lane and traditional townhomes of several sizes. The proposed townhouse units are consistent with other recently constructed residential condominium developments within this neighbourhood, and will develop a strong visual and physical relationship with the intersection of Finch Avenue and Altona Road. The recommended zoning by-law provisions will result in a built form that is consistent with the Rouge Park Neighbourhood policies and with the Rouge Park Neighbourhood Development Guidelines. The proposed development will ensure the preservation of natural features, both within and adjacent to the subject lands. The required buffers have been provided and the proposed open space block will be conveyed to the TRCA for long-term protection. Accordingly, staff recommends that Council approve Zoning By-law Amendment Application A 09/16(R), and Draft Plan of Subdivision Application SP-2016-01(R), including the conditions of draft plan 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 are located at the southeast corner of Altona Road and Finch Avenue, and comprise 5 properties having a combined area of approximately 1.48 hectares, with approximately 81 metres of frontage along Altona Road, and 133 metres of frontage along Finch Avenue (see Location Map, Attachment #1). 1999 Altona Road is currently vacant, except for an unused paved parking lot remaining from a previous sales office that occupied the site. The balance of the lands contain demolished basement foundations and dispersed vegetation, which is proposed to be removed to accommodate the proposal (see Air Photo Map, Attachment #2). - 165 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 3 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Surrounding land uses include: North Across Finch Avenue is a woodlot owned by Infrastructure Ontario. East of the woodlot is a residential development, consisting of 2-storey detached dwellings fronting onto Mapleview Court. The northwest corner of Finch Avenue and Altona Road is a residential condominium development, consisting of 40 semi-detached dwellings and 68 townhouse units. East: Immediately to the east are 2-storey detached dwellings fronting Finch Avenue. Further east are environmentally sensitive lands owned by the TRCA, which form part of the Rouge-Duffins Wildlife Corridor. South: Immediately to the south are environmentally sensitive lands owned by TRCA. Further south is a recently constructed residential common element condominium development consisting of 40, 3-storey townhouse units, which front Finch Avenue and an internal private road. West At the southwest corner of Finch Avenue and Altona Road is a residential common element condominium development, consisting of 23 townhouse units and semi-detached and townhouse dwellings fronting Shadow Place. 1.2 Background In 2016, 702153 Ontario Limited submitted applications for zoning by-law amendment, draft plan of subdivision, and draft plan of condominium, proposing a residential common element condominium development, consisting of 40 townhouse units and 8 back-to-back semi-detached dwellings on 1985 and 1999 Altona Road (see Original Conceptual Site Plan (2016), Attachment #3). Following the Statutory Public Information meeting held on October 11, 2016, the applicant acquired additional lands at 323, 327 and 331 Finch Avenue. In 2018, the applicant submitted a revised proposal. 1.3 Applicant’s Revised and Current Proposal The revised applications, submitted in 2018, encompassed the additional lands at 323, 327 and 331 Finch Avenue, and proposed a common element condominium development with a total of 85 residential units, consisting of 36 rear-lane townhouses; 24 back-to-back townhouses; 23 traditional townhouses; and 2 semi-detached dwellings (see Revised Conceptual Site Plan (2018), Attachment #4). Through discussions between City staff, the TRCA and the applicant, the proposal was revised to provide 30 rear-lane townhouses and 18 traditional townhouses (see Current Conceptual Site Plan, Attachment #5). The following key changes have been made to the original proposal: •decreased the total number of dwellings from 85 units to 48 units, which included removing the back-to-back and semi-detached dwelling units; - 166 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 4 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited • increased the size of the outdoor common amenity area from 196 square metres to 382 square metres and relocated to a more visible location adjacent to Altona Road and contiguous with the open space block; • provided a 412 square metre landscaped entry feature at the corner of Finch Avenue and Altona Road; • increased the size of the open space block from 0.23 of a hectare to 0.48 of a hectare, consisting of a wetland and required buffers associated with Altona Forest, to be conveyed to the TRCA for long-term protection and preservation; • provided emergency vehicular access to Finch Avenue, to the satisfaction of Fire Services; • increased setbacks between townhouse blocks fronting Finch Avenue and Altona Road from 1.5 metres to 2.5 metres; • increased the minimum width of the rear-lane and traditional townhouse units from 4.5 metres to 5.2 metres and 5.5 metres, respectively; • increased the building setback between the easterly block of townhomes fronting Finch Avenue and the existing residential properties immediately to the east, from 2.7 metres to 7.1 metres; • committed to providing dedicated interior storage shelving for waste bins and recreational equipment within private garages; and • provided wider units that will accommodate enlarged garages for rear-lane townhouses fronting Finch Avenue. The application for Draft Plan of Subdivision is intended to create a single development block. This is a technical requirement to allow the applicant to create the privately owned parcels through a process called “lifting part lot control”. The draft plan of subdivision will also create a 0.48 of a hectare open space block for the environmentally sensitive lands and associated buffers to be conveyed to TRCA, and two road widening blocks along Altona Road and Finch Avenue to be conveyed to the Region of Durham (see Revised Draft Plan of Subdivision, Attachment #6). The Draft Plan of Condominium Application will establish the tenure of the parcels within the development. The common element features include, but are not limited to, the internal private road, internal sidewalks, pedestrian connections, visitor parking areas, outdoor amenity area, landscaped entry feature, community mailboxes, and the water meter room (see Revised Draft Plan of Condominium, Attachment #7). The development will be subject to site plan approval. 2. Comments Received 2.1 Comments received in writing and expressed at the September 11, 2018 Statutory Public Meeting A Statutory Public Meeting was held on September 11, 2018, where one delegation provided comments. - 167 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 5 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited The following is a list of key comments and concerns that were expressed at the Statutory Public meeting, and written submissions received: • disagreed with the rezoning of the lands to residential use, and preferred that these lands be developed for local commercial uses, as the area lacks adequate commercial services; • concerned about the potential increase in traffic congestion and noise in the area due to the proposed development; • concerned about the prevalence of townhouses and semi-detached dwellings in the area, and suggested the development incorporate single and semi-detached dwellings; • noted that three-storey townhouses are not in keeping with the built-form of the existing homes on Mapleview Court and the houses to the east on Finch Avenue; • requested that the City consider adequate play areas within the development; • concerned about the safety implications of a private road connection to Finch Avenue; • concerned about the potential loss of trees that are in good condition; • commented that mature trees should be included in the landscape plan, including on the north side of Finch Avenue, to replace the trees to be removed and provide privacy; • commented on the need for ample visitor parking to be provided within the development to minimize spillover parking onto adjacent streets; • concerned regarding the lack of basements, which may lead to outside storage of personal items, and suggested that the condominium corporation be required to prohibit/enforce outside storage; and • concerned about the proposal exceeding the maximum permitted density. Members of the Planning & Development Committee also expressed concerns about developments continually providing only two parking spaces given many individuals use their garages for storage rather than parking, which contributes to issues with on-street parking. The Committee requested that adequate resident and visitor parking be provided. They also requested staff to have discussions with Durham Region regarding the location of bus stops, and the future urbanization of Altona and Finch. Members also questioned whether the condominium corporation would be responsible for boulevard maintenance. 2.2 Agency Comments 2.2.1 Region of Durham • no objection to the proposal subject to the conditions of draft approval of the plan of subdivision and plan of condominium (common element) provided; • the proposed development is consistent with the policies of the Provincial Policy Statement that encourage the efficient use of land, infrastructure and planned public service facilities; • the applications are generally in conformity with the objectives of the Growth Plan for the Greater Golden Horseshoe; • the Regional Official Plan designates the subject lands as “Living Areas”, which are intended to be used predominantly for housing purposes with a mix of housing types, sizes, and tenure; - 168 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 6 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited • municipal water supply and sanitary sewer servicing can be provided from the existing watermain and sanitary sewers on Finch Avenue or Altona Road; • as a condition of approval, the Region requires the applicant to include in the future subdivision agreement all recommended noise measures as noted in the Noise Impact Study; and • as a condition of approval, the Region requires that the applicant convey a road widening adjacent to Altona Road measuring 3.85 metres at the sight triangle and 5.18 metres across the Finch Avenue frontage. 2.2.2 Toronto and Region Conservation Authority • the subject lands are within a TRCA Regulated Area of the Petticoat Creek Watershed, and a permit is required from the TRCA before any development takes place; • TRCA staff have worked with the applicant to refine the proposal to meet the regulatory requirements, and is satisfied with the proposed development limits; • TRCA has no objections to the proposal, subject to the conditions of draft approval of the plan of subdivision and condominium provided, which includes, as a condition of approval, the applicant agreeing to pay $11,734.17 to the TRCA as compensation for the reduced buffer to the wetland feature; • a restrictive covenant shall be placed over the rear yards of lots that abut TRCA lands and shall have the effect of prohibiting the removal of fences and the installation of gates or other access through the fences along the lot line where it abuts TRCA owned lands. 2.2.3 Durham District School Board • no objections to the proposal; • approximately 17 students will be generated from the proposed; and • students from this development will be accommodated within existing neighbourhood schools. 2.2.4 Durham Catholic District School Board • no objections to the proposal; and • students from this development will attend St. Elizabeth Seton Elementary School located at 490 Strouds Lane and St. Mary Catholic School located at 1918 Whites Road. 2.2.5 Canadian Pacific Railway (CPR) • no objections to the proposal; • the proposal will be required to maintain CPR 2013 Proximity Guidelines; and • CPR requires that a clause be inserted in all offers to purchase, agreements of purchase and sale or lease and in the title deed or lease of each dwelling within 300 metres of the railway right-of-way, warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations, including the potential for the Railway to expand its operations, which may affect the living - 169 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 7 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited environment of the residents, notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units; and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. 2.3 Comments from City Departments 2.3.1 Engineering Services • no objection to the proposal, subject to the conditions of draft approval provided; 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 between the owner and the City concerning the provision and installation of roads, services, grading, drainage, utilities, tree compensation, construction management, cash-in-lieu of parkland, noise attenuation, street lighting, public sidewalks and any other matters. 2.2.2 Fire Services • no objections to the proposed; and • are satisfied with the emergency connection to Finch Avenue. 2.2.3 Sustainability On September 20, 2022, City Council adopted new Integrated Sustainable Design Standards (ISDS) for all new development in the City to replace the 2007 Sustainable Development Guidelines. The new standards consist of 2 tiers of performance measures that promote sustainable site and building design. Tier 1 elements would be required for new development applications deemed complete on or after January 1, 2023. Applications submitted (deemed complete) before December 31, 2022, will continue to follow the 2007 Sustainable Development Guidelines and, at a minimum, achieve a minimum Level 1, or 19 points. Given that the applications were received in 2018, before the new standards were enacted, the 2007 guidelines apply. Sustainability staff have reviewed the Sustainable Development Report/Checklist, prepared by GHD, dated February 2018, and further revised January 2023, which is based on the Draft Sustainable Guidelines approved in 2007. Sustainability staff have no objection to the approval of the proposed Zoning By-law Amendment application to facilitate the proposed development. The applicant has noted that the proposal aims to achieve a total of 29 points (Level 2), which exceeds the minimum Level 1 (19 points) required. The applicant has identified the proposal will include the following optional sustainability elements: • provide appropriate measures to protect and/or mitigate negative impacts to adjacent natural features; • provide native landscape plantings; • provide green upgrades to the future purchasers of each unit such as energy-efficient appliances, additional native plant species, and smart metering; and • provide numerous pedestrian connections throughout the site. - 170 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 8 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited The development will be subject to Site Plan Approval. When an application for Site Plan Approval is received, the applicant will be required to provide a completed ISDS Checklist for low-rise buildings and, at a minimum, achieve Tier 1 performance standards. Sustainability staff are satisfied that the proposal complies with the Draft Sustainable Guidelines approved in 2007, and will continue to work with the applicant to ensure the proposal will comply with the City’s new ISDS standard. The final sustainable design features to be incorporated into the development will be presented to the Site Plan Review Panel for their feedback before the Director, City Development & CBO issues site plan approval 3. Planning Analysis 3.1 The proposal is consistent with the policies of the Official Plan and the proposed residential density transfer is appropriate The subject lands are located in the Rouge Park Neighbourhood. The westerly portion of the lands (1985 and 1999 Altona Road) are designated “Mixed Use Areas – Local Nodes”, which permits a maximum net residential density of over 30 and up to and including 80 units per net hectare. The easterly portion of lands (323, 327 and 331 Finch Avenue) are designated “Urban Residential Areas – Low Density”, which permits a maximum net residential density of up to and including 30 units per net hectare. The City’s Official Plan requires that density be calculated based on net residential density, which excludes all lands to be conveyed to public ownership such as valley lands, public roads and road widening. The following table details the maximum permitted density and the maximum permitted number of units within the net developable areas that are designated “Mixed Use Areas – Local Nodes” and “Urban Residential Areas – Low Density”: 1985 & 1999 Altona Road 323, 327 & 331 Finch Avenue Land Use Designation Mixed Use Areas – Local Nodes Urban Residential Areas – Low Density Developable Area 0.56 hectares 0.35 hectares Maximum Permitted Density 80 units per net hectare 30 units per net hectare Maximum Permitted Number of Units 45 units 10 units Proposed Number of Units 27 units 21 units - 171 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 9 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited 1985 & 1999 Altona Road 323, 327 & 331 Finch Avenue Total Permitted Number of Units 55 units Total Units Proposed 48 units Based on the maximum density permissions within the respective land use designations, the overall combined residential density permitted is 55 units, with 45 units being permitted within the lands designated “Local Node”, and 10 units being permitted within the lands designated “Low Density”. The proposed development proposes a combined residential density of 48 units per net hectare. However, when calculated for each designation, the number of units proposed on 323, 327 and 331 Finch Avenue, will exceed the permissible density of the “Low Density” designation. To permit the proposed development, the applicant has requested to utilize a residential density transfer from lands designated “Local Node” to lands designated “Low Density”. A total of 11 units are proposed to be transferred from the unused density within the “Local Node” lands to the “Low Density” lands. Section 12.16(iv) of the Rouge Park Neighbourhood Policies recognize that this neighbourhood has small developable areas, and as such, permits the use of density transfers, which would allow the net site density for a parcel of land to exceed the maximum permitted density, subject to criteria identified under the Official Plan’s Density Transfer policies (Section 16.8) and the Rouge Park Neighbourhood Development Guidelines. The conditions require that the proposed development fulfill the objectives of the Development Guidelines; that it is demonstrated how both the granting and receiving properties satisfy the requirements of the Guidelines; and that the implementing by-law detail the granting and receiving properties, and the number of units transferred. The proposed residential development, comprising traditional townhouses and rear-lane townhouse units, is appropriate, desirable, and in keeping with the established built form of the Rouge Park Neighbourhood. The proposal will enable a density and building mass that is consistent with the recent development located at the northwest and southwest corners of Finch Avenue and Altona Road intersection, both of which feature 3-storey townhouses. As further elaborated in Section 3.2 of this Report, the development will achieve the objectives of the Rouge Park Development Guidelines. The implementing zoning by-law will include provisions that detail the density transfer. 3.2 The proposal is consistent with the design objectives of the Rouge Park Neighbourhood Policies and Development Guidelines The Rouge Park Neighbourhood Policies discourage reverse frontages, berms and significant noise attenuation fencing adjacent to Altona Road; require new development to have regard for the Rouge Park Management Plan; and encourage the retention of - 172 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 10 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited environmentally sensitive lands. The Rouge Park Neighbourhood Development Guidelines establish goals to ensure lands are developed in a cohesive, well-designed neighbourhood. In the review of development proposals, the following broad goals of the guidelines are to be considered: • develop a strong visual and physical relationship with Finch Avenue; • maintain visual and physical connections with surrounding natural areas; • through high-quality building, landscape design, and the provision of a mix of uses, the intersection of Finch Avenue and Altona Road will be the central focus of the Neighbourhood; and • residential areas are to feature a variety of housing types of high-quality design arranged on efficient street patterns. The four corners of the intersection of Altona Road and Finch Avenue are identified as a “neighbourhood focus”, that requires a strong presence to define the area as a centre. This can be accomplished by building close to the street, providing outdoor public space (squares, plazas), and the use of hard and soft landscaping. The proposed development supports the neighbourhood focus through the orientation of 3-storey buildings fronting Finch Avenue and Altona Road. The proposed siting of the building blocks parallel to the adjacent roadways establishes a strong visual relationship with the intersection (see Conceptual Elevations – Rear Lane Townhouses and Conceptual Elevations – Traditional Townhouses, Attachments #8, #9 and #10, respectively). The proposed 3-storey buildings will continue the pattern of development established along the east and west sides of Altona Road immediately to the south, and are compatible with the existing 2-storey detached dwellings immediately to the east, fronting Finch Avenue. The proposed outdoor private amenity space at the intersection will be designed with hard and soft landscaping, and will provide an entryway to the subject lands, similar to the condition provided on the northwest corner. An open space block, which will be conveyed to the TRCA, will provide for the retention of natural features, inclusive of the required buffers. The proposed location of the common amenity area at the southwest corner of the subject lands will enable visual connectivity from Altona Road to the natural features to the east. Through the site plan approval process, staff will continue to work with the applicant to further review detailed urban design and architectural matters in accordance with the Rouge Park Neighbourhood Development Guidelines, including detailed building location and siting; internal pedestrian circulation and connections; internal landscaping and final design of the common amenity areas; architectural design and building materials; and the location of community mailboxes, water meter room, hydro transformers, gas meters and other utilities. - 173 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 11 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited 3.3 Environmental buffers have been addressed and will be conveyed to TRCA TRCA has identified the lands to the south of the subject site as environmentally significant lands containing a provincially significant wetland. The policies of the Official Plan require a minimum vegetation protection buffer of 30 metres adjacent to wetlands. However, within the South Pickering urban area, the minimum vegetation buffer could be reduced where the conservation authority determines it to be appropriate, and where it can be demonstrated there is no increase in risk to life or property, no impact to the control of flooding, erosion, or pollution, and where a net environmental benefit can be established on the property. To support the proposed development, the applicant has submitted an Environmental Impact Study (EIS), prepared by Beacon Environmental, dated June 2021. This study assessed the quality and extent of natural heritage features both on, and adjacent to, the subject lands. This includes examining the nearby wetland and the Altona Forest, along with the potential impacts on these features from the proposed development. The EIS highlighted that portions of the subject lands support the offsite wetland and the Altona Forest, but that the lands are dominated by non-native vegetation. The EIS concluded that any potential impacts on the adjacent natural features due to the proposed development can be mitigated through the conveyance of a proposed open space block, and careful design considerations. These considerations include grading and stormwater management; a plan for sediment and erosion control; and a strategy for native replanting and restoration within the buffer zone. As detailed in Section 2.2.2, the TRCA has advised that they have worked with the applicant to refine the proposal to meet the regulatory requirements. They have advised that they are satisfied with the proposed development limits, including the slight reduction to the feature buffers. This reduction will be compensated through monetary contributions totaling $11,734.17. TRCA staff are satisfied with the recommendations of the EIS, which will be implemented through the detailed design, as a condition of draft plan of subdivision approval, and the site plan approval process. 3.4 Sufficient number of parking spaces are available to accommodate the proposal Concerns were expressed that the number of parking spaces, proposed for residents and visitors, may not be sufficient to support the development. The applicant is providing residential parking at a ratio of 2 parking spaces per dwelling unit, with 1 space being provided in an internal garage, and the other being located on a surface driveway. Several rear-lane townhouse units are proposed to contain double-car garages, providing a total of 4 parking spaces. Visitor parking is provided at a rate of 0.25 spaces per unit, for a total of 12 parking spaces, which will be located in a central area near the vehicle entrance from Altona Road. The proposed parking ratios for both residents and visitors are consistent with the City’s standard parking requirements for townhouse units, and the parking requirements established through other site-specific development proposals, including those at the northwest and southwest corner of Finch Avenue and Altona Road. - 174 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 12 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited The proposed private garages will have a minimum interior dimension of 3.0 metres by 6.0 metres, which will provide sufficient space to accommodate personal vehicles of all sizes. In addition, the applicant has agreed to provide dedicated storage shelves within the garage to ensure there is sufficient space to accommodate the storage of household items, without compromising the ability to park a vehicle. Staff are supportive of the parking ratios proposed, and are satisfied that a sufficient number of parking spaces will be provided to accommodate this development. 3.5 Vehicular traffic from the future development will not impact the road network An area resident expressed concern that the proposed development would result in an increase in traffic congestion within the area and that vehicular access from Finch Avenue would result in a safety issue. The applicant has submitted a Traffic Brief, prepared by AECOM, dated August 2022, which investigated the traffic conditions, and effects of the proposed development on the surrounding area, and the intersection of Finch Avenue and Altona Road. The proposed residential development will generate 23 trips during the morning peak hour (18 outbound and 5 inbound trips) and 27 trips during the afternoon peak hour (10 outbound and 17 inbound trips). The study found that during the morning (7:30 am to 8:30 am) and afternoon (4:45 pm to 5:45 pm) peak hours, Finch Avenue and Altona Road intersection will operate with acceptable levels of service, and roadways will continue to function with minimal delay. Additionally, Altona Road and Finch Avenue (east of Altona Road) are both “Type B” Regional Arterial Roads, which are intended to carry moderate volumes of traffic throughout the municipality, and can accommodate the proposed development. The private road serving the proposed development will extend from a full move access on the east side of Altona Road, located at the southwest corner of the subject lands. The connection to Finch Avenue is strictly for emergency services. This connection will be restricted through the installation of a locked gate, and is not intended for residential use. The City’s Engineering Department, and the Region of Durham Works Department, have reviewed the submitted Traffic Brief and are satisfied with the findings of the study. 3.6 Tree compensation will be required for the loss of existing vegetation A concern was raised regarding the loss of mature trees from the subject lands as a result of the proposed development. The applicant has submitted a Revised Arborist Report, prepared by Cosburn Nauboris Ltd., dated February 5, 2018, which surveyed and evaluated 61 trees within the boundary of the subject lands, and 9 trees adjacent to the subject lands. The applicant has proposed to remove all trees within the subject lands to accommodate the proposal. The condition of the trees to be removed includes poor, fair and good. Staff have identified that there may be an opportunity to protect additional trees within Block 2 as - 175 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 13 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited a result of the increased size of the open space block. As a condition of draft plan approval, a revised Tree Assessment and Conservation Plan is required to reflect the revised draft plan of subdivision. The applicant has submitted a Wetland Compensation Plan, prepared by Cosburn Nauboris Ltd., dated July 22, 2021, which identifies approximately 125 deciduous trees that will be planted within the open space block. Plantings within the open space block will replace the significant number of trees proposed to be removed. The Recommended Conditions of Approval (see Appendix I) require the applicant to prepare and submit a Landscape Plan, which provides details regarding replacement tree plantings within the development block. The applicant will also be required to provide compensation to the City through cash-in-lieu payment for the balance of tree compensation required, not satisfied through on-site plantings within the development block or open space block. 3.7 Response to Key Concerns raised at the September 11, 2018, Public Meeting The table below summarizes the key concerns raised at the September 11, 2018, Planning & Development Committee meeting and staff’s response. Concerns Staff’s Response Urbanization of Finch Avenue and Altona Road Sidewalks will be installed along the east side of Altona Road Members of the Planning & Development Committee questioned the timing of the urbanization of Finch Avenue and Altona Road. The Engineering Services Department has advised that the sidewalks along the east side of Altona Road are proposed to be installed, commencing in August 2023. At this time, the Region has advised that the 2023 Capital Road Budget forecasts the urbanization of Finch Avenue, between Altona Road and Brock Road, occurring between 2028 and 2032, where it will be widened from 2 to 3 lanes. Altona Road will be widened from 2 to 3 lanes between Strouds Lane and Finch Avenue in the future. However, it is not planned to be urbanized beyond the current nine-year forecast. As a condition of draft plan of subdivision, the applicant will be required to convey, to the Region of Durham, a road widening adjacent to Altona Road at the intersection, and across the entire Finch Avenue frontage, to support the future urbanization of the public right-of-way. Requested commercial uses be provided The neighbourhood is serviced by existing commercial uses A commercial plaza is located approximately 788 metres (10 minute walk) to the east of the subject lands at 550 Finch - 176 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 14 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Concerns Staff’s Response Avenue (RoseFinch Plaza). The plaza provides a variety of commercial uses to serve the neighbourhood, including restaurants, medical services, and retail stores. In addition, a mixed-use development provides a variety of personal service and medical office uses, which is located approximately 750 metres south of the subject lands, at 1870 Altona Road (Forestview Plaza). The future sidewalks along Altona Road, and the long-term urbanization of both Altona Road and Finch Avenue, will assist in improving transit, pedestrian, and vehicular access to these commercial uses. Modest residential growth within the Rouge Park Neighbourhood, as provided for by the proposal, will support the existing commercial uses. Ensuring appropriate private and common amenity areas Residents have private rear yards or deck amenity space, and access to two private common amenity areas Outdoor amenity space requirements have been sufficiently addressed by providing private rear yards for the traditional townhouses, and private amenity space areas above garages for the rear-lane townhouses. In addition, two private outdoor amenity areas are proposed having a combined area of approximately 794 square metres, representing approximately 11 percent of the developable area. A landscaped entry feature is proposed at the intersection of Finch Avenue and Altona Road. The size of this amenity area is approximately 412 square metres. The feature will include hard surface pathway connections, seating areas and soft landscape treatments and plantings, which will provide a gateway to the development from the abutting street network. A second outdoor amenity area with an area of 382 square metres, is located on the east side of the private road, adjacent to the open space block. The applicant has provided a facility fit plan demonstrating that the size and configuration of this amenity area can support a children’s play structure, landscaping, walkways and seating. The conditions of draft plan of subdivision approval contain a condition for the payment by the owner of cash-in-lieu of parkland. - 177 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 15 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Concerns Staff’s Response Ensuring the landowner pays its proportionate share of the cost of the Rouge Park Neighbourhood Study completed in 2000 The landowner will be required to cost share The conditions of draft plan of subdivision approval contain a condition for the payment by the owner of their proportionate share of the cost for the Rouge Park Neighbourhood Study. Maintenance of front yards Front yards along Altona Road and Finch Avenue will be maintained by the Condominium Corporation The maintenance of front yards, including the repair and/or replacement of fencing and landscaping elements in front of dwelling units that front Finch Avenue and Altona Road will be the responsibility of the condominium. This requirement will be included in the Condominium Declaration. 3.8 Technical matters will be addressed as conditions of subdivision approval and through site plan approval Detailed design issues will be considered through the subdivision agreement and site plan approval processes. These requirements will address matters such as, but not limited to: • conveyance of open space and road widening lands to the applicable public agency; • drainage and grading; • site servicing; • noise attenuation; • façade and building material treatments, and enhanced design adjacent Finch Avenue and Altona Road; • compliance with the City’s ISDS standards; • cash-in-lieu of parkland; • tree compensation; • requirements for a Construction Management Plan; • landscaping of entryway and common amenity area; • 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. - 178 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 16 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited 3.9 Draft Approval of the Draft Plan of Condominium is delegated to the Director, City Development Applications for standard and common element condominium are delegated to the Director, City Development for final approval. No further approvals are required at this time. 3.10 Conclusion The applicant’s proposal satisfies the applicable Official Plan policies for the Rouge Park Neighbourhood, and also addresses the applicable urban design requirements as established in the Rouge Park Development Guidelines. The applicant has worked with City staff, and external agencies, to address various technical requirements. Staff support Zoning By-law Amendment Application A 09/16(R), and recommend that the site-specific implementing by-law, containing the standards set out in Appendix I to this Report, be finalized and brought before Council for enactment. Staff recommends Council endorse Draft Plan of Subdivision SP-2016-01(R), as shown in Attachment #6 to this Report, and the Conditions of Approval set out in Appendix II to this Report 3.11 Applicant’s Comments The applicant supports the recommendations of this report. Appendices Appendix I Recommended Zoning By-law Provisions for Zoning by-law Amendment Application A 09/16(R) Appendix II Recommended Conditions of Approval for Draft Plan of Subdivision SP-2016-01(R) Attachments 1.Location Map 2.Air Photo Map 3.Original Conceptual Site Plan (2016) 4.Revised Conceptual Site Plan (2018) 5.Current Conceptual Site Plan 6.Revised Draft Plan of Subdivision 7.Revised Draft Plan of Condominium 8.Conceptual Elevations – Rear-lane Townhouses (View from Finch Avenue) 9.Conceptual Elevations – Rear-lane Townhouses (View from Altona Road) 10.Conceptual Elevations – Traditional Townhouses (View from Internal Road) - 179 - PLN 31-23 September 5, 2023 Subject: Zoning By-law Amendment Application A 09-16(R) Page 17 Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Prepared By: Original Signed By Cody Morrison Principal Planner, Development Review Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P.Eng. Director, City Development & CBO CM:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 180 - Appendix I to Report PLN 31-23 Recommended Zoning By-law Provisions for Zoning by-law Amendment Application A 09/16(R) - 181 - Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 09/16(R) That the implementing zoning by-law permit residential condominium developments in accordance with the following provisions: A. Zoning Provisions Permitted Uses 1. Permitted uses within Block 1 include Block Townhouse Buildings, Private Parks and Water Meter Room. Building Restrictions Unit Type Rear-lane Townhouse (fronting Finch Avenue and Altona Road) Traditional Townhouse (Fronting internal private road) 1. Number of Dwelling Units (maximum) 30 18 2. Lot Frontage (minimum) 5.2 metres 5.5 metres 3. Lot Area (minimum) 105 square metres 130 square metres 4. Front Yard Depth (minimum) 3.0 metres 5.0 metres 5. Side Yard Depth (minimum) 1.2 metres except where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot. 6. Rear Yard Depth (minimum) 4.5 metres 6.0 metres 7. Flankage Yard Depth (minimum) 2.4 metres 1.75 metres 8. Building Height (maximum) 12.0 metres (3 storeys) 9. Driveway Width (maximum) Shall not exceed the width of the private garage - 182 - 2. Private amenity area (Rear-lane Townhouse with integrated garage at the rear of the dwelling): a. Minimum Area – 10.0 square metres; b. Shall be located above the garage at the rear of the dwelling unit and shall not be enclosed; c. Accessory structures such as pergolas, sheds or other similar structures shall not be permitted on the private amenity area above the garage at the rear of the dwelling unit. Parking Requirements 3. Minimum 2.0 parking spaces per dwelling unit to be provided plus 0.25 of a parking space per dwelling unit for visitors. 4. Garage requirements: minimum one private garage per lot attached to the main building, the vehicular entrance of which shall be located a minimum of 6.0 metres from the common element condominium street. 5. Interior garage size: a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres; however, the width of a private garage may include one interior step and the depth may include two interior steps. 6. The minimum right-of-way width for a private street shall be 6.5 metres. Model Homes 7. A maximum of 2 blocks together with no fewer than 2.0 parking spaces per Model Home is permitted. General Provisions 8. The west property line shall be considered the front lot line for all units within Blocks 1 and 2. 9. The north property line shall be considered the front lot line for all units within Blocks 3, 4 and 5. 10. Projections such as window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other similar architectural features may be permitted in any required yard, provided that no such feature projects into the required yard more than 0.6 metres or half the distance of the required yard, whichever is less. 11. Uncovered deck, uncovered or covered porch, and uncovered steps are permitted to project a maximum of 1.5 metres into any required front or rear yard. 12. Uncovered steps to an uncovered deck, uncovered or covered porch may encroach to within 0.45 metres of the front lot line for units within Blocks 1, 2, 3 4 and 5. 13. A bay, box window, with or without foundation, having a maximum width of 4.0 metres may encroach into any required yard to a maximum of 0.6 metres or half the distance of the required yard, whichever is less. - 183 - 14. 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. Density Transfer 15. A maximum of 11 units shall be permitted to be transferred from the lands municipally known as 1985 and 1999 Altona Road to the lands municipally known as 323, 327 and 331 Finch Avenue. - 184 - Appendix II to Report PLN 31-23 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2016-01(R) - 185 - Recommended Conditions of Approval for Draft Plan of Subdivision SP-2016-01(R) General Conditions 1. That the Owner shall prepare the final plan generally on the basis of the Draft Plan of Subdivision, prepared by GHD Inc., identified as Drawing Number 11115167-DP2, dated February 2018 , which illustrates one development block , an open space block and two road widening blocks. Region of Durham 2. That the Owner shall name the road allowance 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 convey to the Region of Durham a road allowance widening adjacent to Altona Road measuring 3.85 metres at the sight triangle and tapering to 0.0 metres at approximately 35.0 metres north of the south property line. 5. That the Owner shall convey to the Region of Durham a road allowance widening to provide a minimum of 15.0 metres measured from the centreline of Finch Avenue to the south street line across the Finch Avenue frontage. 6. That the Owner shall grant such easements as may be required to provide Regional services for this development. The easements shall be in locations and of such widths as determined by the Region of Durham. 7. Prior to the finalization of this plan of subdivision, the Owner shall provide satisfactory evidence to the Region of Durham in accordance with Durham’s Soil and Groundwater Assessment Protocol to address site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal or the findings of any Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), an RSC Compliant Phase Two ESA may be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment, Conservation and Parks, accompanied by any additional supporting information. 8. That the Owner shall agree in the local subdivision agreement to implement the recommended noise control measures and warning clauses of the study titled, “Noise Impact Study,” prepared by J. E. Coulter Associates Limited, dated July 27, 2021. The Owner shall agree in the subdivision agreement to implement the recommended noise control measures and warning clauses. The agreement shall contain a full and complete reference to the noise study (i.e., author, title, date and any revisions/addenda) and shall include any required noise control measures and warning clauses recommended in the study. - 186 - Recommended Conditions of Approval Page 2 (SP-2016-01(R)) – 702153 Ontario Limited 9. That the Owner shall provide the Region of Durham with an archeological clearance letter from the Ministry of Heritage, Sport, Tourism and Culture Industries for The Archaeologists Inc.’s reports entitled, “Stage 1 Background Study for 1985 & 1999 Altona Road,” dated March 2016, and “Stage 2 Archaeological Assessment for 1985 & 1999 Altona Road,” dated May 2013. No grading or works are to take place on the subject lands in advance of the Ministry clearance as such works may destroy/damage any potential archaeological resources on the subject lands. 10. 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 this plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 11. That prior to entering into a subdivision agreement, the Region of Durham shall be satisfied that adequate water pollution control plant and water supply capacities are available to the proposed subdivision. 12. 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 of Durham concerning the provision and installation of sanitary sewers, water supply, roads and other Regional Services. Subdivision Agreement 13. 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 14. That the Owner submits a Draft 40M-Plan to the satisfaction of the City Development Department. Street Names 15. That street names and signage be provided to the satisfaction of the Region of Durham and the City. Development Charges & Development Review & Inspection Fee 16. That the Owner satisfies the City financially with respect to the Development Charges Act. 17. That the Owner satisfies the City with respect to payment for engineering review fees, lot grading review fee and inspection fees. - 187 - Recommended Conditions of Approval Page 3 (SP-2016-01(R)) – 702153 Ontario Limited Architectural Control 18. 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. Pre-Condition Survey 19. That the Owner submits a pre-condition survey for 335 Finch Avenue and 1965 Altona Road, Units 1 to 3, to the satisfaction of the City. The surveys must be prepared by a qualified professional and must be undertaken prior to any site work commencing. Cost Recovery 20. That the Owner satisfies the City with payment for their proportionate share of the preparation of the Rouge Park Neighbourhood Study. 21. That the Owner satisfies the City with payment for their proportionate share of the shared service costs for stormwater management (SWM) purposes, including, but not limited to, SWM pond and storm sewer oversizing, as well as the cost of required easements, installed downstream of this development in general conformity with the Rouge Park Master Environmental Services Plan (MESP). Stormwater 22. That the Owner satisfies the Director, Engineering Services respecting the stormwater drainage and management system to service all the lands in the subdivision and any provision regarding easements. 23. That the Owner satisfies the Director, Engineering Services for contributions for stormwater maintenance fees. 24. That the Owner satisfies the Director, Engineering Services for the design and implementation of stormwater management facilities and easements for outfalls and access to the outfalls. Grading 25. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a Grading Control Plan. 26. That the Owner satisfies the Director, Engineering Services respecting authorization from abutting landowners for all off-site grading. Geotechnical Investigation 27. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a geotechnical investigation. - 188 - Recommended Conditions of Approval Page 4 (SP-2016-01(R)) – 702153 Ontario Limited Fill & Topsoil 28. 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 work prior to the City issuing authorization to commence works is permitted. Construction/Installation of City Works & Services 29. That the Owner satisfies the Director, Engineering Services respecting the construction of roads, storm sewers, sidewalks and boulevard designs through the submission and approval of a Site Servicing Plan. 30. That the Owner satisfies the City respecting arrangements for the provision of all services required by the City. 31. 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. 32. 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. Phasing & Development Coordination 33. That if this subdivision is to be developed by more than one registration, the Owner will be required to submit a plan showing the proposed phasing, all to the satisfaction of the Region of Durham and the City. Dedications/Transfers/Conveyances 34. That the Owner conveys to the City, at no cost, all road allowances with the proper corner roundings and sight triangles. Easements 35. 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. 36. That the Owner conveys any easement 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. 37. That the Owner arranges, 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. - 189 - Recommended Conditions of Approval Page 5 (SP-2016-01(R)) – 702153 Ontario Limited Construction Management Plan 38. 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 to maintain these controls as per the City’s Erosion & Sediment Control Guideline for Urban Construction; (ii) addressing the parking of vehicles and the storage of construction 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) assurance that the City’s Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; and (vii) details of the temporary construction access. Fencing 39. 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. 40. That the Owner agrees to install a 1.8-metre high board-on-board wood privacy fence along the east and south property lines of Block 1, where there is an adjacent existing residential lot fronting onto Finch Avenue or Altona Road. 41. That the Owner agrees to install a 1.8-metre high chain-link fence along the east and south property lines of Block 1, where the lands abut another property or the open space block (Block 2). Landscaping 42. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a Street Tree-Planting Plan. 43. That the Owner satisfies the Director, Engineering Services with the submission of a tree preservation plan which will illustrate the protection of trees and other natural features where appropriate, with specific attention to preservation in all public open spaces prior to the approval of a Preliminary Grading Plan. - 190 - Recommended Conditions of Approval Page 6 (SP-2016-01(R)) – 702153 Ontario Limited Lighting 44. That the Owner satisfies the Director, Engineering Services with the submission of a street lighting study, which determines if any additional street lighting is required on Altona Road and Finch Avenue. Tree Compensation 45. That the Owner agrees that prior to final approval of the draft plan, or any phase thereof, compensation for the loss of the 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 trees to the satisfaction of the Director, Engineering Services. Engineering Plans 46. That the Owner ensures that the engineering plans are coordinated with the streetscape/architectural control guidelines and further that the plans coordinate the driveway, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/siting and architectural design statement can be achieved. 47. That the Owner satisfies the City respecting the submission of appropriate engineering drawings that detail, among other things: city services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing, tree planting; and financially secure such works. Noise Attenuation 48. That the owner agrees in the subdivision agreement to implement noise control measures and warning clauses as recommended in the Noise Impact Study, prepared by J. E. Coulter Associates Limited, dated July 27, 2021. Parkland Dedication 49. 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. Fire 50. That the Owner agrees that no development will proceed on any land until adequate services are available including adequate water pressure to the satisfaction of the City’s Fire Services Department. - 191 - Recommended Conditions of Approval Page 7 (SP-2016-01(R)) – 702153 Ontario Limited Model Homes 51. That the Owner enters into a model home agreement with the City, if applicable for this draft plan. All model homes must satisfy all requirements of the siting and architectural design statement. Canada Post 52. That the Owner agrees to include on all offers of purchase and sale, a statement that advises the prospective purchaser that mail delivery will be from a designated Community Mailbox. 53. That the Owner agrees to consult with Canada Post Corporation and the City of Pickering to determine a suitable location(s) for the placement of the Community Mailbox(s) and to indicate these locations on appropriate servicing plans. 54. That the Owner agrees to provide an appropriately sized sidewalk section (concrete pad) for the Community Mailbox to be placed on, any required walkway across the boulevard and any required curb depression for barrier-free access. 55. That the Owner agrees to determine and provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox location. Toronto and Region Conservation Authority (TRCA) 56. That the Owner shall, 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 TRCA and the City of Pickering for review and approval: a) A detailed Stormwater Management Report to include the detailed design for the storm drainage system for the proposed development; 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; and c) Landscaping plans for the open space block (Block 2). 57. That the Owner shall agree in a 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 recommendation of the technical reports referenced in Condition #56; 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; - 192 - Recommended Conditions of Approval Page 8 (SP-2016-01(R)) – 702153 Ontario Limited 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 #56(c); h) To install a permanent fence along the boundary of the development block (Block 1) and the open space block (Block 2). 58. That the Owner shall, prior to the registration of this subdivision or any phase thereof or the issuance of any permits under O. Reg. 166/06, as amended, provide $11,734.17 to the TRCA, to compensate for the reduced buffer from the adjacent wetland, said amount subject to change at the time of payment based on current rates for restoration. Canadian Pacific Railway (CP Railway) 59. That the Owner shall insert a warning clause in all offers to purchase, agreements of purchase and sale or lease and in the title deed or lease of each dwelling within 300 metres of the railway right-of-way, warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units; and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. Other Approval Agencies 60. That any approvals which are required from the Region of Durham, the TRCA, CP Railway 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. - 193 - Attachment #1 to Report PLN 31-23 A lt ona Road S p a r r o w C i r c l e Shadow Place Finch Avenue Ma p l e v i e w C o u r t City Development Department Location MapFile:Applicant:Municipal Address: A 09/16(R), SP-2016-01(R), & CP-2016-03 (R) Date: Aug. 02, 2023 ¯ E Hydro Corridor 702153 Ontario Limited 1985 & 1999 Altona Road, and 323, 327 & 331 SubjectLands L:\PLANNING\01-MapFiles\SP\2016\SP-2016-01(R), CP-2016-03(R), A 09-16(R) 702153 Ontario Limited\SP-2016-01(R)_LocationMap.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and itssuppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. Finch Avenue Hydro C o r r i d o r 1985 1999 32 3 32 7 33 1 - 194 - Attachment #2 to Report PLN 31-23 A lt ona Road S p a r r o w C i r c l e Shadow Place Finch Avenue Ma p l e v i e w C o u r t Air Photo MapFile:Applicant:Municipal Address: Date: Aug. 02, 2023 ¯ L:\PLANNING\01-MapFiles\SP\2016\SP-2016-01(R), CP-2016-03(R), A 09-16(R) 702153 Ontario Limited\SP-2016-01(R)_AirPhoto.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. City Development Department A 09/16(R), SP-2016-01(R), & CP-2016-03 (R) 702153 Ontario Limited 1985 & 1999 Altona Road, and 323, 327 & 331 © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and itssuppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. Finch Avenue E SubjectLands Hydro Corridor Hydro C o r r i d o r 1985 1999 32 3 32 7 33 1 - 195 - Attachment #3 to Report PLN 31-23 Applicant: Municipal Address: DATE: Aug. 8, 2023 File: A 09/16(R), SP-2016-01(R), & CP-2016-03(R) 702153 Ontario Limited N FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Original Conceptual Site Plan (2016) BLOCK 1 BL O C K 2 BLOCK 5 BL O C K 6 BL O C K 3 BL O C K 4 City Development Department N FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. 1985 & 1999 Altona Road, and 323, 327 & 331 Finch Avenue - 196 - Attachment #4 to Report PLN 31-23 DATE: Applicant: Municipal Address: File: Revised Conceptual Site Plan (2018) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 09/16(R), SP-2016-01(R), & CP-2016-03(R) 702153 Ontario Limited 1985 & 1999 Altona Road, and 323, 327 & 331 Finch Avenue N August 8, 2023- 197 - Attachment #5 to Report PLN 31-23 L:\Planning\01-MapFiles\SP\2016 DATE: Applicant: Municipal Address: File: Current Conceptual Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 09/16(R), SP-2016-019(R), & CP-2016-03 (R) 702153 Ontario Limited 1985 & 1999 Altona Road, and 323, 327 & 331 Finch Avenue N August 2, 2023- 198 - Attachment #6 to Report PLN 31-23 L:\Planning\01-MapFiles\SP\2016 August 2, 2023DATE: Applicant: Municipal Address: File: Revised 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 702153 Ontario Limited 1985 & 1999 Altona Road, and 323, 327 & 331 Finch Avenue N A 09/16(R), SP-2016-019(R), & CP-2016-03 (R) - 199 - Attachment #7 to Report PLN 31-23 L:\Planning\01-MapFiles\SP\2016 DATE: Applicant: Municipal Address: File: Revised 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 702153 Ontario Limited 1985 & 1999 Altona Road, and 323, 327 & 331 Finch Avenue N A 09/16(R), SP-2016-019(R), & CP-2016-03 (R) August 2, 2023- 200 - Attachment #8 to Report PLN 31-23 L:\Planning\01-MapFiles\SP\2016 August 2, 2023DATE: Applicant: Municipal Address: File No: Conceptual Elevations - Rear-Lane Townhouse Units (View from Finch Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department 702153 Ontario Limited 1985 & 1999 Altona Road, and 323, 327 & 331 Finch Avenue A 09/16(R), SP-2016-019(R), & CP-2016-03 (R) - 201 - Attachment #9 to Report PLN 31-23 L:\Planning\01-MapFiles\SP\2016 August 2, 2023DATE: Applicant: Municipal Address: File: Conceptual Elevations - Rear-Lane Townhouse Units (View from Altona Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department 702153 Ontario Limited 1985 & 1999 Altona Road, and 323, 327 & 331 Finch Avenue A 09/16(R), SP-2016-019(R), & CP-2016-03 (R) - 202 - Attachment #10 to Report PLN 31-23 L:\Planning\01-MapFiles\SP\2016 August 2, 2023DATE: Applicant: Municipal Address: File: Conceptual Elevations - Traditional Townhouse Units (View from Internal Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department 702153 Ontario Limited 1985 & 1999 Altona Road, and 323, 327 & 331 Finch Avenue A 09/16(R), SP-2016-019(R), & CP-2016-03 (R) - 203 -