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HomeMy WebLinkAboutApril 7, 2026 Addendum Planning and Development Committee Meeting Agenda Electronic Meeting April 07, 2026 - 07:00 PM Chair: Councillor Pickles Please be advised that in accordance with Section 10.04 of the Procedure By-law, the City of Pickering is holding Council and Committee Meetings in an electronic format until further notice. Members of the public may observe the meeting proceedings by viewing the livestream on the HTML Agenda or the archived video available on the City's website. How to Participate Individuals looking to make a verbal delegation may do so in accordance with the City’s Procedure By-law. In lieu of a verbal delegation, individuals may also submit written comments to clerks@pickering.ca. To register as a delegation, please submit a Delegation Request Form by visiting pickering.ca/meetings. Please note that matters marked with an asterisk (*) have been amended or added. For inquiries related to accessibility, please contact Legislative Services Phone: 905.420.4611 | Email: clerks@pickering.ca. Call to Order/Roll Call Disclosure of Interest Delegations Cheyenne Zierler, Shared Tower Inc. Re: Report PLN 06-26 Proposed Telecommunication Tower Shared Tower Inc. 1400 Church Street 1. 2. 3. 3.1 Installation #75 (Refer to Item 4.2) Matt West, Fieldgate Commercial, Andrew Muscat, Fieldgate Commercial and Constance Ratelle, Korsiak Urban Planning Re: Report PLN 05-26 Official Plan Amendment Application OPA 25-001P Zoning By-law Amendment Application A 06/25 Seaton Commercial Developments Ltd. South of Taunton Road, between Burkholder Drive and Peter Matthews Drive (Refer to Item 4.1) Rob MacFarlane, Senior Associate, Zelinka Priamo Ltd. and Gabe Ciconni, Director of Development & Construction, Cogir Commercial Management LP Re: Report PLN 07-26 Official Plan Amendment OPA 22-002P Zoning By-law Amendment A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway (Refer to Item 4.3) Planning and Development Reports Director, City Development & CBO, Report PLN 05-26 Page 5 Official Plan Amendment Application OPA 25-001P Zoning By-law Amendment Application A 06/25 Seaton Commercial Developments Ltd. South of Taunton Road, between Burkholder Drive and Peter Matthews Drive Recommendation: That Official Plan Amendment Application OPA 25-001P, submitted by Seaton Commercial Developments Ltd., to remove the “Pedestrian Predominant Street” designation on Schedule VIII - Neighbourhood 16: Lamoreaux, for the lands located on the south side of Taunton Road between Burkholder Drive and Peter Matthews Drive, be approved, and that the draft By-law to adopt Amendment 55 to the Pickering Official Plan as set out in Attachment 1 to Report PLN 05-26, be finalized and forwarded to Council for adoption; and, 1. That Zoning By-law Amendment Application A 06/25, submitted by Seaton Commercial Developments Ltd., to remove the Seaton Community Node 2. *3.2 *3.3 4. 4.1 Addendum Planning and Development Committee Meeting Agenda April 07, 2026 - 2 - Pedestrian Predominant Area (SCNPP-1) zone category, to apply the SCN-4 Zone to the easterly parcel and to apply the SCN-1 Zone to the westerly parcel with site-specific zoning exceptions to permit a seasonal garden centre associated with a grocery store and remove the requirement for maximum front and side yard setbacks and requirements for primary building entrances and wall openings to face a public street, in order to facilitate the development of a retail-commercial plaza at the southeast corner of Taunton Road and Burkholder Drive, be approved, and that the draft Zoning By-law Amendment, as set out in Attachment 2 to Report PLN 05-26, be finalized and forwarded to Council for enactment. Director, City Development & CBO, Report PLN 06-26 Page 37 Proposed Telecommunication Tower Shared Tower Inc. 1400 Church Street Installation #75 Recommendation: That Shared Tower Inc. be advised that City Council does not object to the proposed 25-metre-high telecommunication tower located at 1400 Church Street, based on the design and location of the proposal. Director, City Development & CBO, Report PLN 07-26 Page 65 Official Plan Amendment OPA 22-002P Zoning By-law Amendment A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway Recommendation: That Official Plan Amendment Application OPA 22-002P, submitted by Pickering Ridge Lands Inc., to amend the Pickering Official Plan by adding site-specific policies for the lands located at the northeast corner of Brock Road and Highway 401, municipally known as 1755 Pickering Parkway: to permit a maximum building height of 36 storeys; by adding policies respecting a future urban-format school site; and by amending Schedule XIV, Sheet 4 of 4 - Brock Precinct Intensification Area of Official Plan Amendment 38 to incorporate a revised road network and public park, and to add a signalized intersection, as they relate to the subject lands to facilitate a phased, high- density, mixed-use development, be approved: and that the draft By-law to adopt Amendment 56 to the Pickering Official Plan, as detailed in Attachment 1 to Report PLN 07-26, be forwarded to Council for enactment; and, 1. 4.2 4.3 Addendum Planning and Development Committee Meeting Agenda April 07, 2026 - 3 - That Zoning By-law Amendment Application A 05/22, submitted by Pickering Ridge Lands Inc., to permit a phased high-density, mixed-use development, located at the northeast corner of Brock Road and Pickering Parkway, municipally known as 1755 Pickering Parkway, consisting of 13 towers with building heights ranging between 12 storeys to 36 storeys, containing approximately 5,109 apartment dwelling units; and a minimum of 17,370 square metres of commercial, retail and office space, be approved, subject to the proposed zoning provisions contained within Attachment 2 to Report PLN 07-26; and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. 2. Member Updates on Committees Adjournment 5. 6. Addendum Planning and Development Committee Meeting Agenda April 07, 2026 - 4 - Report to Planning and Development Committee Report Number: PLN 05-26 Date: April 7, 2026 From: Kyle Bentley Director, City Development & CBO Subject: Official Plan Amendment Application OPA 25-001P Zoning By-law Amendment Application A 06/25 Seaton Commercial Developments Ltd. South of Taunton Road, between Burkholder Drive and Peter Matthews Drive Recommendation: 1. That Official Plan Amendment Application OPA 25-001P, submitted by Seaton Commercial Developments Ltd., to remove the “Pedestrian Predominant Street” designation on Schedule VIII - Neighbourhood 16: Lamoreaux, for the lands located on the south side of Taunton Road between Burkholder Drive and Peter Matthews Drive, be approved, and that the draft By-law to adopt Amendment 55 to the Pickering Official Plan as set out in Attachment 1 to Report PLN 05-26, be finalized and forwarded to Council for adoption; and 2. That Zoning By-law Amendment Application A 06/25, submitted by Seaton Commercial Developments Ltd., to remove the Seaton Community Node Pedestrian Predominant Area (SCNPP-1) zone category, to apply the SCN-4 Zone to the easterly parcel and to apply the SCN-1 Zone to the westerly parcel with site-specific zoning exceptions to permit a seasonal garden centre associated with a grocery store and remove the requirement for maximum front and side yard setbacks and requirements for primary building entrances and wall openings to face a public street, in order to facilitate the development of a retail-commercial plaza at the southeast corner of Taunton Road and Burkholder Drive, be approved, and that the draft Zoning By-law Amendment, as set out in Attachment 2 to Report PLN 05-26, be finalized and forwarded to Council for enactment. - 5 - PLN 05-26 April 7, 2026 Page 2 1.0 Executive Summary: The purpose of this report is to seek Council approval of an Official Plan Amendment and a Zoning By-law Amendment submitted by Seaton Commercial Developments Ltd. to facilitate the development of a retail-commercial plaza on the west portion of the lands located on the south side of Taunton Road between Burkholder Drive and Peter Matthews Drive, within the Seaton community (see Location Map, Attachment 3). The applicant had a previous rezoning application to permit a retail-commercial plaza on the easterly portion of the lands. However, due to the inability to obtain a northwestern signalized access, the applicant withdrew that application. The applicant is now arranging a land exchange with Taccgate Developments Inc. to develop the westerly parcel, where access to a full-move signalized intersection at Burkholder Drive and Taunton Road is available. As part of this arrangement, the applicant will convey the easterly portion of the lands to Taccgate Developments Inc. and proposes to apply the existing zoning permissions of the westerly parcel to the easterly parcel. The proposal includes seven single-storey retail-commercial buildings, totaling approximately 12,925 square metres of gross leasable floor area, intended to provide neighbourhood-scale retail and service uses such as a grocery store, pharmacy, daycare, restaurants, and personal services. To implement the proposal, the applicant seeks to: • remove the “Pedestrian Predominant Street” designation and associated SCNPP-1 zoning from the proposed north-south public road to allow greater flexibility in building siting and grading; • introduce site-specific residential zoning provisions to facilitate the retail-commercial plaza on the westerly portion of the lands; and, • apply existing site-specific residential zoning permissions from the westerly portion to the easterly portion of the subject lands to support a land exchange with Taccgate Developments Inc. No development is currently proposed for the easterly lands. These amendments respond to site-specific grading constraints, which limit the feasibility of achieving the originally envisioned pedestrian-oriented street configuration. The revisions also allow for a site design that more effectively aligns with market conditions and anticipated commercial tenant needs. The proposal maintains pedestrian connectivity through internal walkways, enhanced landscaping, and connections to adjacent streets and the multi-use trail. The proposal is consistent with the Provincial Planning Statement (2024), conforms to the Durham Regional Official Plan (Envision Durham), and aligns with the intent of the Pickering Official Plan and Lamoreaux Neighbourhood policies. Accordingly, staff recommend that Council approve Official Plan Amendment Application OPA 25-001P and the that draft By-law to adopt Amendment 55, as set out in Attachment 1 to this report, be finalized and forwarded to Council for adoption. Staff also recommend that Zoning - 6 - PLN 05-26 April 7, 2026 Page 3 By-law Amendment Application A 06/25 be approved, and that the implementing zoning By- law, as set out in Attachment 2 to this report, be finalized and forwarded to Council for enactment. 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. 3.0 Financial Implications: No direct costs to the City are anticipated due to the proposed development. 4.0 Discussion: The purpose of this report is to obtain Council’s approval of applications for an Official Plan Amendment and a Zoning By-law Amendment submitted by Seaton Commercial Developments Ltd. The applicant is proposing a retail-commercial plaza at the southeast corner of Taunton Road and Burkholder Drive, intended to serve the growing Seaton community with uses such as a grocery store, pharmacy, daycare, banks, restaurants, personal service uses, and other service-related uses. This report outlines how the proposal conforms to the Provincial Planning Statement and the Durham Regional Official Plan and meets the intent of the Pickering Official Plan and the Lamoreaux Neighbourhood policies. The report also summarizes the revisions to the proposed development in response to technical comments received from City Departments and external agencies and addresses feedback from the Planning and Development Committee. 5.0 Background: 5.1 Property Description The subject lands comprise two parcels located on the south side of Taunton Road, between Burkholder Drive and Peter Matthews Drive, within the Lamoreaux Neighbourhood of the Seaton Community (see Location Map, Attachment 3). The lands have a combined area of approximately 11 hectares and frontage along Taunton Road, Burkholder Drive, Peter Matthews Drive, and Marathon Avenue. The lands are generally rectangular in shape with a downward grade change from northwest to southeast. Currently, the lands are vacant and contain an easement along the south property line, approximately 17.6 metres wide, in favour of Trans-Northern Pipelines Inc. (TNPI) (see Air Photo Map, Attachment 4). The surrounding land uses are as follows: - 7 - PLN 05-26 April 7, 2026 Page 4 North: To the north, across Taunton Road, are lands owned by Taccgate Developments Inc., which are subject to a site plan application under review with the City to allow a phased, residential, common element condominium development with 389 townhouse dwellings. East: To the east, across Peter Matthews Drive, are vacant lands owned by Taccgate Developments Inc., zoned to permit various townhouse dwellings, an apartment building, and commercial uses. Further east are lands owned by Infrastructure Ontario (IO), designated as Seaton Natural Heritage System. South: To the south, across Marathon Avenue, is a recently constructed residential subdivision, consisting of detached and townhouse dwellings. West: To the west, across Burkholder Drive, is the Mattamy Homes sales office, and further west is a residential condominium development consisting of block and stacked townhouse dwellings. 5.2 Previous Ownership and Applications On March 25, 2024, City Council approved Zoning By-law Amendment Application A 06/23, submitted by Taccgate Developments Inc., for the westerly portion of the subject lands. The amendment expanded the range of permitted residential built forms by permitting the “Street Townhouse” dwelling type, removed the requirement for townhouses to be developed in combination with an apartment building on the same site, and introduced site-specific provisions to enable a residential common element condominium with freehold lots and a private park. In October 2024, Seaton Commercial Developments Ltd. submitted a Zoning By-law Amendment application for the easterly portion of the lands to develop a retail-commercial plaza. These plans included a proposed public road extension of Hibiscus Drive north, where it would connect to Taunton Road through a signalized intersection. Durham Region Works Department opposed the signalization, citing it would cause issues with traffic operations and pedestrian safety. As a result, the applicant withdrew the application. The applicant is now arranging a land exchange with Taccgate Developments Inc., to locate the retail-commercial plaza onto the western portion of the lands, where access to a full-move signalized intersection at Burkholder Drive and Taunton Road is available. In exchange, the zoning exceptions from the western portion of the lands would be applied to the eastern portion, permitting a street townhouse common element condominium and the associated zoning exceptions. No development is currently proposed for the eastern portion of the lands. 5.3 Applicant’s Original and Revised Proposal on the westerly portion of the lands Seaton Commercial Developments Ltd. has submitted applications for an Official Plan Amendment and a Zoning By-law Amendment to develop a retail-commercial plaza on the westerly portion of the lands. - 8 - PLN 05-26 April 7, 2026 Page 5 The purpose of these applications is as follows: • Official Plan Amendment – to remove the “Pedestrian Predominant Street” designation from the proposed north-south public road, allowing greater flexibility in the siting and design of buildings along this extension. • Zoning By-law Amendment – to: • remove the “Seaton Community Node – Pedestrian Predominant Area (SCNPP-1)” zone category; • add site-specific zoning exceptions for the westerly portion of the site to facilitate the proposed commercial development; and, • extend the zoning permissions for freehold street townhouses to the eastern portion of the site, consistent with the zoning previously approved for the westerly portion, to facilitate the land exchange. The original site plan included seven single-storey retail-commercial buildings with a total gross leasable floor area (GLFA) of approximately 12,895 square metres, and a new public road extending Hibiscus Drive north from Marathon Avenue, connecting to a full-move intersection at Taunton Road (see Original Submitted Site Plan, Attachment 5). In response to comments from City Departments and external agencies, as well as further grading analysis, the applicant has submitted a revised site plan. The revised site plan continues to include seven single-storey retail-commercial buildings, but the buildings have been reconfigured and the total GLFA has been slightly increased to approximately 12,925 square metres (see Revised Submitted Site Plan, Attachment 5). Key revisions to the proposal include: • The public road connecting Hibiscus Drive and Marathon Avenue to Taunton Road, is now proposed as a private road, to address the City’s grading and stormwater management requirements; • One building has been relocated and now fronts the north-south private road, rather than Burkholder Drive; • Building setbacks have been increased along Taunton Road and Burkholder Drive to provide additional space to accommodate grade transitions around the property and to incorporate enhanced landscape treatments along the site edges; • The maximum front yard setback from Taunton Road has increased from 3.3 metres to approximately 7.5 metres; • The maximum flankage side yard setback from the proposed north-south private road has increased from approximately 3.0 metres to approximately 15.0 metres; - 9 - PLN 05-26 April 7, 2026 Page 6 • The total GLFA has slightly increased by 31 square metres, and the parking supply has been reduced by 31 parking spaces. The proposed parking supply continues to exceed the minimum requirement of the City’s zoning By-law; • The southern landscape buffer has been revised to include additional elements including tree plantings, privacy screening, and noise mitigation adjacent to the grocery store. The location of the multi-use trail within the TNPI easement has been provided in response to the Planning and Development Committee’s request. Key details of the proposal are outlined in the following table. Provision Proposal Net Developable Area 5.11 hectares Gross Leasable Floor Area (GLFA) • Building A – 7,666 square metres • Building B – 1,096 square metres • Building C – 650 square metres • Building D – 845 square metres • Building E – 1,368 square metres • Building F – 557 square metres • Building G – 743 square metres Total: 12,925 square metres Vehicular Parking • a total of 612 parking spaces is provided on-site (a surplus of 30 spaces), including 25 barrier-free spaces (11 barrier-free spaces over the minimum required) Bicycle Parking 40 bicycle parking spaces Buildings C, F and G as shown on the revised site plan are proposed as single-tenant buildings, while the remaining buildings will contain multiple units. All buildings are proposed as single storey with heights ranging from approximately 6.4 to 9.0 metres. Primary pedestrian entrances are oriented toward the internal parking areas. With the exception of Building A, all buildings feature enhanced street-facing façades with glazing and secondary entrances that may serve as additional public access points. The retail-commercial plaza is proposed to have a total of four vehicular access points: a right- in/right-out access from Taunton Road, a full-move access from the proposed north-south private road and two full-move accesses from Burkholder Drive. The proposed pedestrian network is designed to safely connect the site to surrounding streets through a combination of existing and new sidewalks. Internal north-south and east-west walkways will link key buildings and access points. The network will be complemented by the landscape enhancements proposed throughout the site, including a gateway feature, tree plantings, patios, and a landscaped buffer along the southern property line to screen Building A’s loading areas. - 10 - PLN 05-26 April 7, 2026 Page 7 An application for Site Plan Approval (File S 04/25) is currently under review for this proposed development. 6.0 Comments Received: 6.1 September 8, 2025, Electronic Statutory Public Meeting An electronic Statutory Public Meeting for the applications was held on September 8, 2025. Notice of the meeting was mailed to all property owners within 150 metres of the subject property, and three notice signs were installed on the property. No residents spoke at the public hearing. However, as of the writing of this report, seven written comments and six verbal comments have been received from area residents regarding the applications. Residents have generally expressed support for the proposal and provided the following comments: • A request to expedite the approval of the applications to permit the construction of the retail-commercial plaza as soon as possible; • A request to include electric vehicle charging stations in the parking area; • Requests to introduce a gas station; • A request to consider traffic impacts and incorporate traffic calming measures to improve pedestrian safety; • Expressions of interest from several residents and prospective business owners in locating their businesses within the plaza; and, • A concern from one resident who indicated they paid a premium for a lot near the originally planned commercial site, and believe the new, more distant location may reduce their property value. At the Statutory Public Meeting, the Chair asked the applicant to provide additional details about the proposed landscape buffer along the south side of the site, including how the multi- use trail and tree plantings will be integrated, and how noise from commercial operations will be mitigated to protect the residential neighborhoods to the south. The Chair also requested information on the potential tenants and the anticipated timelines for opening the plaza. In addition, the Chair noted that they regularly receive correspondence from residents requesting that commercial services be delivered to the Seaton Community as soon as possible. 6.2 Comments from External Agencies 6.2.1 Region of Durham - 11 - PLN 05-26 April 7, 2026 Page 8 • No objections to the applications. • Matters related to site access have been appropriately addressed. 6.2.2 Durham Region Transit • No objections to the applications. 6.3 Comments from City Departments 6.3.1 Engineering • No objections to the rezoning application. • Matters related to stormwater management, sidewalk construction, grading, construction management, and landscaping will be further reviewed through the Site Plan Approval application. 6.3.2 Fire Services • No objections to the rezoning application. • Detailed standards including fire hydrant and sprinkler locations will be further reviewed through the Site Plan Approval application. 6.3.3 Sustainability Staff have reviewed the preliminary Sustainability Brief submitted in support of the applications and have no objection to the proposed commercial development, subject to the applicant providing additional information demonstrating alignment with the Council-approved Seaton Sustainable Place-Making Guidelines. A revised Sustainability Brief will be provided with the second submission of the related Site Plan Approval application (File S 04/25) to illustrate how the proposed sustainability measures will be implemented. Additional information is requested regarding bird-friendly design to reduce bird-window collisions and unsafe nesting in accordance with Fatal Light Awareness Program guidance; urban heat island mitigation for the large surface parking area; and renewable energy opportunities, such as solar-ready roof structures and energy-efficient lighting, consistent with the Guidelines. Currently, the applicant has committed to providing: • Enhanced landscaping throughout the site, including a southerly landscape buffer, to increase tree canopy coverage. At least 50 percent of planting will be native and drought resistant; and, • Eight electric vehicle charging stations are proposed, subject to further review during the Site Plan review process. - 12 - PLN 05-26 April 7, 2026 Page 9 City Sustainability staff are satisfied that the proposal demonstrates a range of sustainable features guided by the Council-approved Seaton Sustainable Place-Making Guidelines. Sustainability staff will continue to work with the applicant to explore additional sustainable design opportunities and ensure these commitments are incorporated at the site and building design stage. Final sustainable features will be presented to the Site Plan Review Panel for feedback prior to site plan approval. 7.0 Planning Analysis: 7.1 The proposal is consistent with the Provincial Planning Statement (2024) On October 20, 2024, the Ministry of Municipal Affairs and Housing released a new Provincial Planning Statement (PPS), which replaces the Provincial Policy Statement (2020) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). The PPS provides direction to planning authorities to support economic development, accommodate a range and mix of land uses, and plan for complete communities that meet the long-term needs of residents. The PPS encourages the integration of residential, commercial, and service uses in a manner that supports a compact urban form, efficient infrastructure, and convenient access to daily needs. The proposed development conforms to the PPS by supporting economic activity and providing neighbourhood-scale retail and commercial service uses serving existing and future residents within the Seaton community, thereby contributing to the creation of a complete community. 7.2 The proposal conforms to the new Durham Regional Official Plan “Envision Durham” The Region of Durham adopted its new Official Plan, Envision Durham, in May 2023. The Ministry of Municipal Affairs and Housing (MMAH) approved the Plan in part on September 3, 2024, with the remaining portions approved on December 13, 2024. Effective January 1, 2025, the Region of Durham became an upper-tier municipality without land use planning responsibilities. Pursuant to subsection 70.13(2) of the Planning Act, the Region of Durham Official Plan is deemed to constitute an official plan of the City of Pickering for lands to which it applies and will remain in effect unless and until revoked or amended by the City. Under the new Regional Official Plan, the subject lands are designated “Community Area” and are located along a “Regional Corridor” (Taunton Road). Community Areas are intended to accommodate a broad range of residential, commercial, employment, institutional, and community uses and support the development of complete, connected, and inclusive communities. The Plan further recognizes that the Seaton Urban Area will be planned and - 13 - PLN 05-26 April 7, 2026 Page 10 developed in accordance with the City of Pickering Official Plan and its associated neighbourhood plans, as amended. The proposed development conforms to the policies and land use framework of the Regional Official Plan. 7.3 An amendment to the Pickering Official Plan is required The Pickering Official Plan designates the subject lands as “Mixed Use Areas – Community Nodes”. Schedule VIII – Neighbourhood 16: Lamoreaux further designates the subject lands as “Community Node”, the proposed north-south road as a “Pedestrian Predominant Street”, and the southerly portion of the lands, which is encumbered by an easement in favour of Trans-Northern Pipelines Inc., as a “Potential Multi-Use Area”. The “Community Node” along Taunton Road is intended to function as a compact, mixed-use focal point that supports surrounding neighbourhoods and accommodates a broad range of residential, retail, commercial, business, office, service, recreational, community, and cultural uses that intensify over time. The Official Plan requires that each “Community Node” in Seaton include a “Pedestrian Predominant Street” to establish a connection directly into the node via multiple methods of transportation. These streets are to have a strong pedestrian presence, requiring buildings be oriented to the street with direct public entrances, active frontages, and enhanced streetscape features. The “Community Node” along Taunton Road is permitted a maximum GLFA of 60,000 square metres for the retailing of goods and services. The proposal would contribute a substantial portion of retail-commercial GFLA for the Community Node. However, the applicant is requesting an amendment to Pickering’s Official Plan to remove the Pedestrian Predominant Street overlay from the proposed north-south private road to permit the proposed site layout of the commercial plaza. 7.4 Request to remove the Pedestrian Predominant Street designation As noted above, the applicant is requesting the removal of the “Pedestrian Predominant Street” designation on Schedule VIII – Neighbourhood 16: Lamoreaux to facilitate the development of a new retail-commercial plaza on the western portion of the subject lands. Through the review of previous planning applications (Files S 06/23 and A 04/24), as well as the current proposal, it was determined that the subject lands have a significant grade change between the northwest and southeast portions of the lands. The proposed north-south road has a lower elevation than the western development parcel and a higher elevation than the eastern parcel. As a result, the roadway cannot be constructed at-grade with either development block. Designing the road to municipal standards, including required stormwater measures and elevation transitions, presents further challenges and limits the ability to achieve a pedestrian- - 14 - PLN 05-26 April 7, 2026 Page 11 oriented street with direct storefront access. The site’s limited grading flexibility further constrains the site design, as a grocery store plaza typically requires large, flat areas to accommodate the building footprint, parking, loading, and internal circulation. In addition, the lower grading of the eastern parcel make it difficult to provide at-grade commercial storefronts along the edge of the north-south road, as previously identified through earlier development applications. In response to these constraints the north-south road is now proposed as a private road to address grading and stormwater management requirements for the site. Staff explored multiple design options with the applicant to retain the urban design intent associated with the “Pedestrian Predominant Street” designation. However, following further technical review of grading constraints and the need to achieve a functional and practical site plan, staff conclude that retaining the designation is not feasible in this context. Staff are satisfied with removing the “Pedestrian Predominant Street” designation. The proposed commercial plaza will continue to function as a neighbourhood-scale service node, with pedestrian connectivity supported through internal walkways, sidewalk connections to the surrounding streets, and a connection to the planned multi-use trail. While the site-specific amendment removes the “Pedestrian Predominate Street” designation, it maintains the broader intent of the Community Node policies by delivering a compact, service-oriented commercial area while recognizing site-specific grading constraints. Accordingly, the proposed Official Plan Amendment is consistent with the goals of the Pickering Official Plan and Seaton Urban Area policies. 7.5 Zoning By-law Amendment to implement the proposed retail-commercial plaza The subject lands are currently within three zoning categories under the Consolidated Zoning By‑law 8149/24, as illustrated in Figure 1: - 15 - PLN 05-26 April 7, 2026 Page 12 Figure 1: Current Zoning The Seaton Community Node (SCN-4 and SCN-1) zones permit a broad range of residential and commercial uses, including apartments, certain townhouse forms, supermarkets, daycares, retail stores, banks, restaurants, and various personal service establishments. Buildings within these zones are intended to be oriented toward Taunton Road to support a vibrant, pedestrian-friendly streetscape. The Seaton Community Node – Pedestrian Predominant Areas (“SCNPP-1”) zone permits small-scale commercial buildings compatible with adjacent residential uses. It also permits apartments and live-work townhouse units, provided commercial uses are located on the first floor. The SCNPP-1 zone contains specific urban design provisions intended to enhance walkability along the proposed north-south private road. These included requirements for buildings to be located close to the street, for primary entrances to face the street, and for patios, landscaping, and pedestrian amenities to animate the public realm. To facilitate the proposed commercial plaza and associated land exchange with Taccgate Developments Inc., the applicant proposes to: • remove the SCNPP-1 zone category from the subject lands; • apply the SCN-4 zone category to the easterly parcel to permit a future residential condominium development containing street townhouses; and, • introduce site-specific exceptions to facilitate the retail-commercial plaza on the western parcel. The proposed zoning is illustrated in Figure 2: - 16 - PLN 05-26 April 7, 2026 Page 13 Figure 2: Proposed Zoning 7.5.1 Site-specific zoning exceptions for the proposed retail-commercial plaza Due to grading constraints and the proposed removal of the SCNPP-1 zone category, the applicant is requesting site-specific exceptions related to building setbacks, primary entrance orientation, and minimum opening requirements. The applicant proposes to remove the 3.0 metre maximum front yard setback from Taunton Road and the 2.0 metre maximum flankage side yard setback requirements along Burkholder Drive and the proposed north-south private road. These exceptions are required to address significant grading differences between the commercial site and abutting streets, facilitate appropriate building siting, and accommodate perimeter landscaping and grading transitions. Staff are satisfied that the proposed setbacks appropriately respond to site constraints while maintaining the broader intent of the zoning framework to support an active streetscape. Enhanced landscaping and façades treatments will continue to frame the public realm and provide visual interest along Taunton Road and Burkholder Drive. The applicant is requesting relief from zoning provisions that require primary entrances to face a public street and minimum area requirements for openings (i.e., windows and doors) on walls facing a public street. The requested relief is driven by demonstrated grading constraints, which result in portions of the buildings being higher or lower than adjacent street elevations. In addition, future commercial tenants typically require the primary entrances oriented toward internal parking areas to better serve customers and meet operational needs. To maintain high-quality design along Burkholder Drive and Taunton Road, the proposed buildings will incorporate enhanced façades, glazing elements, and architectural articulation to create visual interest and the appearance of active frontages. Secondary entrances are also - 17 - PLN 05-26 April 7, 2026 Page 14 proposed along both street frontages. These entrances may be used for public access where grading permits and if desired by future tenants, providing flexibility to accommodate changing tenant needs and supporting the potential for a more urban streetscape as the surrounding area continues to develop. Recognizing the grading constraints, operational considerations, and the applicant’s commitment to enhanced architectural treatment, staff are satisfied that the required relief maintains the overall intent of the zoning provision while responding pragmatically to site- specific conditions. 7.5.2 Permission for a Seasonal Outdoor Garden Centre accessory to a grocery store The applicant is requesting permission to permit a temporary outdoor seasonal garden centre associated with the future grocery store. The garden centre would: • operate for a maximum of 120 days per calendar year; • not require additional parking while operating; • be limited to a maximum gross leasable floor area of 500 square metres; • be limited to occupy a maximum of 20 required vehicle parking spaces; • be prohibited within yards adjacent to residential uses; and, • have a building height of no taller than 5.0 metres. Staff support the introduction of a garden centre, as it is a common accessory use associated with grocery stores. The proposed performance standards appropriately mitigate potential impacts and address the absence of specific provisions in the Seaton Zoning By-law. 7.5.3 Removal of the SCNPP-1 Zone The applicant proposes to remove the SCNPP-1 zone over the proposed north-south private road, consistent with the requested Official Plan Amendment, to allow greater design flexibility across both the westerly and easterly portions of the lands. As outlined in Section 7.4, the demonstrated grading constraints prevent the site from accommodating a traditional pedestrian-oriented built form along the road. Staff are satisfied that removing the SCNPP-1 zone is appropriate in this context. The lands will continue to function as a neighbourhood-scale service node with appropriate pedestrian connectivity maintained through internal walkways and connections to adjacent streets. 7.5.4 Shift the SCN-4 zone to the easterly parcel To facilitate the land exchange with Taccgate Developments Inc., the applicant proposes to apply the SCN-4 zone to the easterly lands to permit a street townhouse common element condominium. Any previous references to the adjacent SCNPP-1 zone would be removed for housing keeping purposes. - 18 - PLN 05-26 April 7, 2026 Page 15 Staff have no objection to applying the SCN-4 zone to the easterly portion of the subject lands. This approach enables the orderly exchange of parcels and supports the timely delivery of retail-commercial services to the Seaton community, while ensuring the easterly lands can be developed in a manner consistent with the boarder Community Node framework. Overall, the requested Zoning By-law Amendment is appropriate for the subject lands. The proposal responds to demonstrated grading constraints, maintains the intent of the Community Node policies, preserves opportunities for enhanced design over time, and will facilitate the orderly and coordinated development of the Seaton Community Node. 7.6 Proposed landscape enhancements and pedestrian connectivity The revised proposal provides for an enhanced pedestrian network, which has been designed to safely connect the site to surrounding streets through existing and proposed sidewalks, with north–south and east–west internal walkways linking to each building and access points. This network will be supported by coordinated landscape enhancements, including street and on- site tree plantings along Taunton Road, Burkholder Drive, and the proposed north-south road, which will frame pedestrian routes, provide shade, and strengthen the overall streetscape character. A landscaped gateway feature is proposed at the southeast corner of Taunton Road and Burkholder Drive to create a strong entrance condition and focal point at the signalized intersection. Additional on-site landscaping, including patios on the east sides of Buildings D and E, will further animate pedestrian areas and contribute to an attractive and comfortable walking environment. Collectively, these elements and a connection to the planned multi-use trail will enhance walkability, support placemaking within the Seaton Community Node, and maintain the long-term vision for a pedestrian-supportive commercial area. The detailed landscape plan will be further reviewed through the Site Plan Approval process. 7.7 Response to Comments from Area Residents As noted in Section 6.1 of this report, comments were received through written and verbal submissions before and after the September 8, 2025 Statutory Public Meeting. In response, the applicant has confirmed the following: Comments Response At the Public Meeting, the Chair acknowledged the public’s request to expedite the approval of the applications to permit the construction of the retail- commercial plaza and asked about the expected timing to open the plaza and which tenants could be confirmed. To help expedite the approvals process, the applicant has submitted an application for Site Plan Approval. Staff are working collaboratively with the applicant to address detailed design matters in a timely manner. The applicant has indicated that earthworks are anticipated to begin in early spring 2026 - 19 - PLN 05-26 April 7, 2026 Page 16 with the plaza expected to open in mid-to- late 2027. At this time, the applicant is unable to confirm specific tenants. Tenant information will be released closer to the opening date, at which time signage will be installed on the site to identifying tenants. At the Statutory Public Meeting, the Chair raised questions regarding the details of the landscape buffering and potential noise impacts associated with the proposed grocery store (Building A) on nearby residential properties south of Marathon Avenue. The applicant has provided additional details respecting landscaping, site design, and noise mitigation measures. An enhanced landscaped buffer is proposed along the southern property line, including a combination of deciduous and coniferous trees, shrubs, and fencing to provide year- round visual screening of the grocery store’s loading and servicing areas. No vehicular or pedestrian access is proposed from Marathon Avenue, further limiting potential impacts to the adjacent residential area. A 4-metre-high acoustical wall is also proposed around the loading and servicing area to reduce noise from delivery trucks and related operations. Through the Site Plan Approval process, staff will continue to review the landscape design, pedestrian connections, and a detailed noise assessment to ensure compliance with applicable provincial noise guidelines and compatibility with nearby residential properties. Requests to consider traffic impacts, incorporate traffic calming measures to improve pedestrian safety, and include electric vehicle charging stations in the parking area. The applicant has submitted a Traffic Impact Study in support of the proposal, which has been reviewed to the satisfaction of Engineering Services Department staff. The parking layout incorporates pedestrian safety and traffic calming measures, including clearly defined walkways, pedestrian connections to building entrances, and internal circulation designed to reduce vehicle speeds and improve visibility for both drivers and pedestrians. - 20 - PLN 05-26 April 7, 2026 Page 17 The design of the parking area currently includes eight electric vehicle parking spaces. The design will be further refined through the Site Plan Approval process. Several area residents and prospective business owners have expressed interest in locating their businesses within the plaza. Staff have forwarded any inquiries from prospective business owners interested in locating their business to this site to the applicant’s leasing office for further information. Requests to introduce a gas station. Staff note that no gas station is proposed at the commercial plaza at this time. While the SCN zoning category permits a gas bar, the applicant has designed the plaza to function as a large-format retail centre anchored by a grocery store and supported by a range of retail and service commercial uses, with potential for intensification and residential uses in the future. Gas stations typically require separate site design considerations, including dedicated vehicular circulation, queuing areas, fuel storage infrastructure, and safety setbacks, which can conflict with the internal circulation, pedestrian connections, and parking layout of a busy retail plaza. As such, a gas station is not contemplated as part of the current development concept. A resident commented that they paid a premium for a lot near the originally planned commercial site, but the new farther location lowers its value. The new location has shifted slightly west but remains within walking distance of the residences south of Marathon Avenue. The revised location will support the earlier delivery of commercial services to the broader Seaton community, a need that has been consistently highlighted in public comments and at the Statutory Public Meeting. 7.8 Technical matters will be addressed through the current site plan approval application Detailed design matters will be addressed through the Site Plan Approval process. These include, but are not limited to, drainage and grading; site servicing; noise attenuation; building - 21 - PLN 05-26 April 7, 2026 Page 18 façade and material treatments; preparation of a construction management plan; on-site landscaping; location of the garden centre; waste management and collection areas; and the placement of hydro transformers, gas meters, and other utilities. 8.0 Conclusion: The proposed development represents a well-planned, retail-commercial development that will provide a broad range of essential retail services to the Seaton Community. The proposal is consistent with the Provincial Planning Statement (2024), conforms to the Durham Region Official Plan, and meets the intent of the Pickering Official Plan and the Lamoreaux Neighbourhood Plan. The applicant has worked collaboratively with City staff to address the various technical requirements identified through the review process. Staff recognize the applicant’s need to locate the retail-commercial plaza with direct access to a signalized intersection in order to support a grocery store tenant and ensure safe and efficient vehicular circulation. Staff support the applicant’s requested rezoning to facilitate the land exchange with Taccgate. The submitted grading plan confirms that the site’s topography does not support a traditional shopping centre format in combination with the pedestrian-oriented policies associated with a Pedestrian-Predominant Street. The grading constraints also necessitate increased setbacks from Taunton Road and Burkholder Drive to accommodate appropriate building placement, grading transition and landscaping. Overall, staff support the zoning provisions to enable the timely delivery of commercial services in a site design that is marketable to future business tenants. For these reasons, staff support the proposed Official Plan Amendment and recommend that the By-law to adopt Amendment 55, as outlined in Attachment 1 to this report, be finalized and forwarded to Council for adoption. Staff also support the implementing site-specific Zoning By-law Amendment and recommend that the implementing zoning By-law, as set out in Attachment 2 to this report, be finalized and forwarded to Council for enactment. 9.0 Applicant’s Comments: The applicant has been advised of, and concurs with, the recommendations of this report. - 22 - PLN 05-26 April 7, 2026 Page 19 Attachments: 1. Recommended Official Plan Amendment for Official Plan Amendment Application OPA 25-001P 2. Recommended Zoning By-law Amendment for Zoning By-law Amendment Application A 06/25 3. Location Map 4. Air Photo Map 5. Original Submitted Site Plan 6. Revised Submitted Site Plan Prepared By: Liam Crawford, Planner II Prepared By: Nilesh Surti, MCIP, RPP, Division Head, Development Review & Urban Design Approved/Endorsed By: Catherine Rose, MCIP, RPP, Chief Planner Approved/Endorsed By: Kyle Bentley, P. Eng., Director, City Development & CBO LC:ld Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer - 23 - The Corporation of the City of Pickering By-law No. XXXX/26 Being a By-law to adopt Amendment 55 to the Official Plan for the City of Pickering (OPA 25-001P) 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; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That Amendment 55 to the Official Plan for the City of Pickering, attached hereto as Exhibit “A”, is hereby adopted; and 2.That this By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this XXth day of XXXX, 2026. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Attachment 1 to Report PLN 05-26 - 24 - Exhibit “A” to By-law XXXX/26 Recommended Amendment 55 to the City of Pickering Official Plan - 25 - Recommended Amendment 55 to the Pickering Official Plan Purpose: The purpose of this amendment is to remove the “Pedestrian Predominant Street” designation from the planned north-south road between Taunton Road and Marathon Avenue. This change will facilitate the development of a retail- commercial plaza on the western portion of the lands and accommodate a future development block on the eastern portion with potential for residential and/or commercial uses. Location: The site-specific amendment affects the lands located within the Lamoreaux Neighbourhood in the Seaton Urban Area, between Taunton Road, Peter Matthews Drive, Marathon Avenue, and Burkholder Drive, described as Block 76, 40M-2664, and Block 188, 40M-2671, Part of Lots 23 & 24, Concession 3, City of Pickering. Basis: Through the review of Official Plan Amendment Application OPA 25 -001P and Zoning By-law Amendment Application A 06/25, City Council determined that the Amendment appropriately addresses site-specific grading constraints affecting the subject lands. The subject lands contain a significant grade change between the northwest and southeast portions of the site, which limits the ability to construct the planned north-south road at-grade with the adjacent development blocks. As a result, the roadway would not be able to function as a “Pedestrian Predominant Street” with direct storefront access and a strong pedestrian-oriented built form, as originally intended. Further technical review also determined that designing the road to municipal standards, including accommodating stormwater management requirements and elevation transitions, would constrain the site design and limit the ability to achieve a practical and functional layout for a grocery-anchored retail- commercial plaza. In particular, the grading differences across the site reduce the ability to provide at-grade commercial frontage along the eastern edge of the planned north-south road and limit opportunities to establish a continuous pedestrian-oriented street edge. The Amendment therefore removes the “Pedestrian Predominant Street” designation to allow the roadway to function as a private internal road that better responds to the site’s grading conditions while supporting appropriate stormwater management and site circulation. City Council is satisfied that the Amendment maintains the broader intent of the Community Node policies within the Pickering Official Plan by facilitating the development of a neighbourhood-scale retail-commercial plaza that will provide needed commercial services to the surrounding Seaton community. - 26 - Actual Amendment: The City of Pickering Official Plan is hereby amended by: 1. Amending Schedule VIII – Neighbourhood 16: Lamoreaux by removing the “Pedestrian Predominant Street” designation on the planned north-south road between Taunton Road and Marathon Avenue, on Block 188, 40M-2671, as illustrated on Schedule ‘A’ attached to this amendment. 2. Amending Section 12.18 Lamoreaux Neighbourhood Policies, in Chapter 12 – Urban Neighbourhoods, by incorporating the following new subsection: “12.18(l) shall, despite Section 11.7(b), not require the Community Node on Taunton Road to contain a Pedestrian Predominant Street.” Implementation: The provisions set forth in the City of Pickering Official Plan, as amend ed, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. OPA 25-001P A 06/25 Seaton Commercial Developments Ltd. - 27 - City of Pickering City Development Department © March, 2022 This Map Forms Part of Edition 9 of the Pickering Official Plan and Must Be Read in Conjunction with the Other Schedules and the Text. Schedule 'A' to Amendment '55' Existing Schedule VIII - Neighbourhood 16: Lamoreaux Extract of Schedule VIII to the Pickering Official Plan NEdition 9 Land Use Structure Subject Lands Remove the "Pedestrian Predominant Street" designation - 28 - The Corporation of the City of Pickering By-law No. XXXX/26 Being a By-law to amend City Consolidated Zoning By-law 8149/24, to implement the Official Plan of the City of Pickering, Region of Durham, for the lands being Block 76, 40M-2664, and Block 188, 40M-2671, City of Pickering (A 06/25) Whereas the Council of The Corporation of the City of Pickering deems it desirable to rezone the subject lands being being Block 76, 40M-2664 and Block 188, 40M-2671 in the City of Pickering to facilitate the development of a retail-commercial plaza at the southeast corner of Taunton Road and Burkholder Drive; And whereas an amendment to Zoning By-law 8149/24 is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedule 1 of By-law 8149/24, as amended, is herby further amended to include the notations depicted on Schedule I to this By-law. 2.The provisions of this By-law shall apply to the lands being Block 76, 40M-2664, and part of Block 188, 40M-2671, City of Pickering, designated X378 (SCN-1) and the lands in part of Block 188, 40M-2671, City of Pickering, designated X429 (SCN-4), on Schedule I to this By-law. 3.Section 15 Exception Zone 430 of By-law 8149/24 is hereby revoked. 4.Section 15 Exception Zone 378 of By-law 8149/24 is further amended as follows: 1. The following site-specific exceptions shall apply to the lands zoned X378 (SCN-1), as shown on Schedule I to this By-law: a)The following definition shall be added for the X378 (SCN-1) zone: i)Seasonal Garden Centre: means a retail establishment devoted primarily to the sale of nursery stock and may also include the sale of related supplies during a limited period with the calendar year. b)The following additional use is permitted in the X378 (SCN-1) zone: i)Seasonal Garden Centre c)The following site-specific standards shall apply to the X378 (SCN-1) zone: i)Taunton Road shall be deemed to be the front lot line. ii)Notwithstanding Section 14.5.6.1, Table 14.17, Lot and Building Requirements for the Seaton Local Node (SLN) and Seaton Community Node (SCN) Zones, the following provisions shall apply for commercial buildings: A.Max. Front Yard: no maximum Attachment 2 to Report PLN 05-26 - 29 - By-law No. XXXX/26 Page 2 B. Min. Flankage Yard: 0.0 metre minimum / no maximum d) Notwithstanding Section 14.5.6.3, Additional Commercial Provisions, the following provisions shall apply: i) Section 14.5.6.3.2 shall not apply. ii) Notwithstanding Section 14.5.6.3.3, within all Seaton Community Node (SCN) zones on Taunton Road, the total gross leasable floor area of the ground floor of all buildings shall not exceed 60,000 square metres for the retailing of goods and services. iii) Sections 14.5.6.3.4 and 14.5.6.3.5 shall not apply. e) Notwithstanding Section 14.3.10, Loading Standards, a loading space may be shared between different buildings that are on the same site. f) Section 15.378.1.a) xv. of Exception Zone 378 is deleted g) The following provisions shall apply to a Seasonal Garden Centre: i) A Seasonal Garden Centre shall be subject to the provisions under Section 14.2.11, Accessory Buildings and Structures, unless otherwise modified by this bylaw. ii) A Seasonal Garden Centre shall be permitted in any yard that does not abut a Residential Zone. iii) A Seasonal Garden Centre shall may occupy a maximum of 500 square metres of lot area. iv) A Seasonal Garden Centre shall not require any additional motor vehicle or bicycle parking to be provided while it is in operation. v) A Seasonal Garden Centre shall be permitted for a maximum period of no longer than 120 days cumulatively within any single calendar year. vi) A Seasonal Garden Centre may occupy a maximum of 20 required parking spaces. vii) A Seasonal Garden Centre shall not exceed a building height of 5.0 metres. 5. Section 15 Exception Zone 429 of By-law 8149/24 is further amended as follows: 1. The following site-specific exceptions shall apply to the lands zoned X429 (SCN-4), as shown on Schedule I to this By-law: a) Section 15.429.1.b) ii. is deleted. b) Section 15.429.1.b) iii. is deleted. c) Section 15.429.1.b) v. is deleted and replaced with: i) The total area for Private Park shall be minimum of 5 percent of the area for the lands zoned SCN-4. - 30 - By-law No. XXXX/26 Page 2 h) Section 15.429.1.b) v. is deleted and replaced with: i) Notwithstanding Section 14.5.6.3.3, within the Seaton Community Node (SCN) zones on Taunton Road, the total gross leasable floor area of the ground floor of all buildings shall not exceed 60,000 square metres for the retailing of goods and services. 6. By-law 8149/24 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I 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 8149/24. 7. This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2026. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk - 31 - 0 Q) > ·;::: 0 .._ Q) "O 0 ..c ~ .._ ::::::l m Taunton Road Q) > ·;::: 0 (J) 3: Q) ..c ::::: cu ~ .._ Q) -256 .9 m 213.4 m Q_Q) ro"'~,..,.--------------..-----------~'°"a '"\,'"\,·1 '111111 ,,, E "' ..; ;;; 0 X378 (SCN-1) X429 (SCN -4) Schedule I to By-Law XXXX/26 Passed This XX rd Day of XXXX 2026 Mayor Clerk t N - 32 - I I I I -04;6/- PlCKERlNG City Development Department Taunton Road --- I I I a, > Westerly I ·;:: 0 Parcel : en Easterly Parcel 3: Proposed I a, § Commercial (tl I ~ Development ~ a, / Q) (l_ ' N A Location Ma File: OPA 25-001/P and A 06/25 Applicant: Seaton Commercial Developments Ltd. Legal Description: Block 76, 40M-2664, and Block 188, 40M-2671, City of Pickering Date: Mar. 10, 2026 :;~ o~:i~~:~;~~~m~~ 0 if~:~;~~gR:~~~~:~. ~~I ~~~lsu~eds:i:~s; ~;~ne~ :~:;~r:~~,~~'c 0;~~n;s ~~;~i~r~f ~l~~~~:tr::~:s:" :1~~~i~i;~~;~~;: A~i:e~:::z ~r~~fti~n and SCALE : 1 : 4,000 its SU hers . All r his reserved THIS IS NOT A PLAN OF SURVEY. l:\PLANNING\01 -MapFiles\02 -Applications\OPA\2025\OPA 25-001P, A 06-25\OPA 25-001P, A 06-25.aprx Attachment 3 to Report PLN 05-26 - 33 - -04;6/- PlCKERlNG City Development Department Air Photo Ma File: OPA 25-001/P and A 06/25 Applicant: Seaton Commercial Developments Ltd. Legal Description: Block 76, 40M-2664, and Block 188, 40M-2671, City of Pickering Date: Mar. 10, 2026 :;~ o~:i~~:~;~~~m~~ 0 if~:~;~~gR:~~~~:~. ~~I ~~~lsu~eds:i:~s; ~;~ne~ :~:;~r:~~,~~'c 0;~~n;s ~~;~i~r~f ~l~~~~:tr::~:s:" :1~~~i~i;~~;~~;: A~i:e~:::z ~r~~fti~n and SCALE : 1 : 4,000 its SU hers . All r his reserved THIS IS NOT A PLAN OF SURVEY. l:\PLANNING\01 -MapFiles\02 -Applications\OPA\2025\OPA 25-001P, A 06-25\OPA 25-001P, A 06-25.aprx Attachment 4 to Report PLN 05-26 - 34 - Original Submitted Site Plan City Development Department March 9, 2026FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. OPA 25-001/P, A 06/25 Seaton Commercial Developments Ltd. Applicant: Legal Description: DATE: File No: Block 76, 40M-2664, and Block 188, 40M-2671, L:\Planning\01-MapFiles\OPA\2025 N City of Pickering MARATHON AVENUE PR O P O S E D P U B L I C R O A D ( N O R T H E R L Y E X T E N S I O N O F H I B I S C U S D R I V E ) Attachment 5 to Report PLN 05-26 - 35 - Attachment 6 to Report PLN 05-26 TE R O A D A PR O P O S E D P R I V N Revised Submitted Site Plan File No:OPA 25-001/P, A 06/25 Applicant: Seaton Commercial Developments Ltd. City Development Legal Description:Block 76, 40M-2664, and Block 188, 40M-2671, Department City of Pickering FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT.DATE:March 9, 2026 L:\Planning\01-MapFiles\OPA\2025 - 36 - Report to Planning and Development Committee Report Number: PLN 06-26 Date: April 7, 2026 From: Kyle Bentley Director, City Development & CBO Subject: Proposed Telecommunication Tower Shared Tower Inc. 1400 Church Street Installation #75 Recommendation: 1. That Shared Tower Inc. be advised that City Council does not object to the proposed 25- metre-high telecommunication tower located at 1400 Church Street, based on the design and location of the proposal. 1.0 Executive Summary: Shared Tower Inc. is proposing a 25-metre-high monopole telecommunication tower at 1400 Church Street within the Brock Industrial Neighbourhood. The tower is to be located on the southwest quadrant of the site, behind an existing industrial building, within a fenced compound. The tower is designed to accommodate various cellular network providers. Public consultation was completed in accordance with the City’s Telecommunication Tower Protocol (“the Protocol”), with notice provided to all property owners within 150 metres of the proposed tower base, comprising seven industrial property owners. As there are no residential properties within this radius, a Public Open House was not required. The nearest residential uses are located more than a kilometre from the proposed tower. One written submission was received, raising regulatory and environmental concerns. Staff confirmed that the lands are not within or adjacent to a Provincially Significant Wetland, and the Toronto and Region Conservation Authority raised no concerns with the proposal. All circulated City departments and external agencies have advised that they have no concerns. Staff have reviewed the proposal in accordance with the City’s Telecommunication Tower Protocol. The proposed tower is located behind an existing industrial building, - 37 - PLN 06-26 April 7, 2026 Page 2 minimizing public visibility from Church Street. The tower is primarily visible only from the rear of the property, where it is surrounded by adjacent industrial uses, which are considered non- sensitive uses. The design allows opportunities for colocation, reducing the need for additional tower sites in Pickering. Staff are satisfied that the proposal meets the location, design, and consultation requirements of the Protocol and recommend Council endorsement, based on the design and other details submitted with the application. 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. 3.0 Financial Implications: No direct costs to the City are anticipated due to the proposed development. 4.0 Discussion: The purpose of this report is to obtain Council’s endorsement of an application for a telecommunication tower submitted by Shared Tower Inc. The applicant is proposing a 25- metre-high monopole telecommunication tower and associated equipment cabinets within the rear yard of an existing industrial property at 1400 Church Street in the Brock Industrial Neighbourhood. Telecommunication towers are federally regulated infrastructure and are not subject to municipal zoning approval. However, the City’s Telecommunication Tower Protocol establishes criteria respecting siting, design, land use compatibility, and public consultation. This report outlines how the proposal has been evaluated against those criteria. 5.0 Background: 5.1 Property Description The subject lands are owned by Choice Property Real Estate Investment Trust and are located on the west side of Church Street, south of Bayly Street, in the Brock Industrial Neighbourhood. The lands have an area of approximately 2.82 hectares and contain an industrial building occupied by Aspect Retail Logistics Warehouse. The proposed telecommunication tower would be located behind the building in the southwest quadrant of the site (see Air Photo, Attachment 1). The subject site is designated as “Employment Areas – General Employment” in the City’s Official Plan and currently zoned as “E1” under Consolidated Zoning By-law 8149/24, as - 38 - PLN 06-26 April 7, 2026 Page 3 amended. Telecommunication towers are federally regulated and therefore exempt from local zoning regulations. 5.2 Applicant’s Proposal Shared Tower Inc. is proposing a 25-metre-high monopole telecommunication tower in the southwest quadrant of the site, adjacent to Copperstone Drive (see Submitted Site Plan, Submitted Site Plan – Detail “A”, and Elevation Drawing, Attachments 2 to 4). The installation is proposed to be located within a 10 metre by 10 metre chain-link fenced compound containing two equipment cabinets to support the associated infrastructure. Vehicular access to the compound would be provided via sharing an existing internal drive aisle from Church Street, along the north and west property boundaries. The applicant has confirmed that a major cellular network provider has arranged to lease space on the tower, but the specific company name cannot be disclosed at this time. The proposed tower is designed to accommodate multiple cellular carriers through co-location, and may also support equipment used by municipal, provincial, or federal agencies for other purposes, such as radio communications or water meter reading systems. 6.0 Comments Received: 6.1 Public Notification has been completed for the proposal Shared Tower Inc. has completed the required public consultation in accordance with the City’s Cell Tower Protocol. As the proposal is located within an urban industrial area, the minimum circulation radius of 150 metres from the tower location was applied. The closest residential uses are more than a kilometre away, and as no residential properties are located within the radius, a Public Open House was not required. Two public notice signs were posted on the property: one centrally located along the Church Street frontage and one along Copperstone Drive near the proposed tower location. A total of seven industrial property owners were notified by mail. The City received one written submission from the owner of an industrial property at 1936 Silicone Drive. The comment expressed concerns whether applicable federal requirements had been satisfied, including giving proper public notice, demonstrating the need for the network expansion, explaining the rationale for the proposed location, and confirming whether the proposal complies with federal regulations. The submission also alleged that the proposal does not conform to municipal and provincial policies due to its proximity to a Provincially Significant Wetlands (PSW) and related conservation authority approval requirements (see Applicant’s Public Consultation Package, Attachment 5). Staff advised the commenter that, based on current provincial and municipal wetland mappings, the subject lands are not located within or adjacent to any wetland features or a PSW. The application was circulated to the Toronto and Region Conservation Authority, which - 39 - PLN 06-26 April 7, 2026 Page 4 confirmed that the proposed tower is not located within or adjacent to wetland features, and raised no concerns with the proposal. Staff also clarified that telecommunications towers are regulated by the federal government. While they are not subject to municipal or provincial land use policies, the proposal complies with applicable environmental requirements. The applicant also confirmed that the proposal satisfies the submission requirements under the applicable federal and municipal protocols. 6.2 City Department Comments and External Agencies The application was circulated to all City departments, the Region of Durham, the Toronto and Region Conservation Authority, the Town of Ajax, and Elexicon Energy, all of whom advised that they have no concerns with the proposal. The Town of Ajax further indicated that, while the subject site is located approximately 350 metres from the municipal boundary, they did not require circulation and confirmed that no notification to Ajax landowners was necessary. 7.0 Assessment of the Proposal against the City’s Cell Tower Protocol: The City’s Telecommunication Tower Protocol (the Protocol) was established to provide direction for proponents on the location and design of antenna towers and provides criteria for staff to assess a proposal. City Development staff have reviewed the proposed tower against the location and design criteria of the City's Protocol. 7.1 Co-location and alternative locations have been examined The Protocol requires applicants to demonstrate that they have considered and assessed opportunities to co-locate on existing telecommunication infrastructure before proposing a new stand-alone telecommunication tower. The closest existing telecommunication tower is located approximately 150 metres to the north. However, co-location on that structure is not feasible because there is insufficient available height or compound space to accommodate additional equipment at the elevations required to meet network performance objectives. Additionally, there are towers 1.63 km to the west, 1.72 km and 1.47 km to the northwest, and 1.99 km to the east. The towers are too far from the area where coverage improvements are required (see Applicant’s Site Selection & Justification Report, Attachment 6). The applicant has sufficiently justified the need for a new telecommunication tower and demonstrated that co-location on an existing structure is not feasible. Accordingly, the proposed tower has been designed to accommodate future co-location opportunities. It will be constructed at a height and elevation capable of supporting multiple cellular network providers, representing a more efficient use of the site. Depending on available space and antenna requirements, the tower may also support other equipment, such as radio communications or - 40 - PLN 06-26 April 7, 2026 Page 5 water meter reading systems, and may be leased to other private or public entities, in accordance with applicable federal regulations. 7.2 The proposal maintains the location criteria of the City’s Protocol The Protocol specifies that when a new tower is determined to be required, there are “preferred” and “discouraged” location criteria that apply. Preferred locations for cell towers include sites that are distanced from residential land uses or other sensitive land uses and have minimal visual impacts to the surrounding area. Sites within industrial, commercial, and non-residential areas, and with obscured public views, are preferred. The City discourages the installation of new antenna systems in residential areas, environmentally sensitive lands, or sites immediately adjacent to heritage properties. The proposed location of the tower meets the City’s preferred location criteria, as it is located within an industrial area, outside of any environmental features, and more than one kilometre from existing residential properties. 7.3 The proposed meets the design criteria of the City’s Protocol The Protocol establishes design criteria for new towers, including screening new towers where possible, enclosing equipment compounds to control access and reduce visual and safety impacts, and design features that allow for future co-location to reduce the need for additional tower sites in Pickering. The proposal includes a 25-metre-high monopole, which is a discreet and slim tower design. The tower is largely screened from views along Church Street by mature trees and vegetation, as well as by the existing 14-metre-tall industrial building located in front of the tower. The tower site is approximately 116 metres from Church Street, further reducing its visibility. The proposed height allows the tower to achieve the elevation necessary for network performance while accommodating future co-location opportunities, reducing the need for additional towers in the area. The associated fenced equipment compound and shared internal access route, described earlier in this report, are consistent with the Protocol’s design standards requiring enclosed equipment areas and controlled access. While the tower may be visible from the rear (west) yard, the surrounding lands to the north, south, and west are occupied by industrial uses, which are among the least sensitive land uses with respect to telecommunication infrastructure. No residential properties are located within at least one kilometre of the site. Given the industrial context, the location behind the existing industrial building, and the measures taken to mitigate visual impacts, staff are satisfied that the proposed location and monopole design are appropriate and compatible with the surrounding area. - 41 - PLN 06-26 April 7, 2026 Page 6 8.0 Conclusion: Staff recommend that Council does not object to the proposed 25-metre-high telecommunication tower located at 1400 Church Street, based on the design and location of the tower as discussed in this report. Attachments: 1. Air Photo Map 2. Submitted Site Plan 3. Submitted Site Plan – Detail “A” 4. Submitted Elevation Drawing 5. Applicant’s Public Consultation Summary 6. Applicant’s Site Selection & Justification Report Prepared By: Liam Crawford, Planner II Prepared By: Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Catherine Rose, MCIP, RPP, Chief Planner Approved/Endorsed By: Kyle Bentley, P. Eng., Director, City Development & CBO LC:ld Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer - 42 - -04;6/- PlCKERlNG City Development Department File: Installation #75 Munici al Address: 1400 Church Street © The Corporation of the C ity of Pickering Produced (in part) under li cense from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.;© His Majesty the King in Right of Canada , Department of Natural Resources. A ll rights reserved.;© Teranet Enterpri ses Inc. and its suppliers. A ll ri ghts reserved .;© Municipal Property Assessment Corporation and its supp li ers . All rights reserved . l:\PLANNING\01 -MapFiles\02 -Applications\S\CommunicationTowers\lnstallation #75 -Shared Tower lnc\lnstallation #75.aprx Date: Mar. 03, 2026 SCALE : 1 :10,000 THIS ISNOTAPLANOFSURVEY. Attachment 1 to Report PLN 06-26 - 43 - L:\Planning\01-MapFiles\S\CommunicationTowers March 3, 2026DATE: Applicant: Municipal Address: File No: Submitted Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department Installation #75 Shared Tower Inc. 1400 Church Street N Attachment 2 to Report PLN 06-26 - 44 - L:\Planning\01-MapFiles\S\CommunicationTowers March 3, 2026DATE: Applicant: Municipal Address: File No: Submitted Site Plan - Detail “A” FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department Installation #75 Shared Tower Inc. 1400 Church Street N Attachment 3 to Report PLN 06-26 - 45 - Submitted Elevation Drawing City Development Department March 3, 2026FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Installation #75 Shared Tower Inc.Applicant: Municipal Address: DATE: File No: L:\Planning\01-MapFiles\S\CommunicationTowers 1400 Church Street Attachment 4 to Report PLN 06-26 - 46 - Attachment 5 to Report PLN 06-26 January 27, 2025 City of Pickering One The Esplanade Pickering, Ontario Re: STC0938 Proposed Telecommunications Tower I am providing a formal request for a letter of concurrence pertaining to the above noted proposed telecommunication tower. Proposal 25 m telecommunications tower is proposed to be located on the property located at: 1400 Church Street South, Pickering, Ontario L1W 4C1 (43.830930, -79.050080) Public Consultation Process In accordance with The City of Pickering’s Telecommunication Protocol, we can confirm that the public information packages were provided by registered mail to recipients within the prescribed notification radius of the proposed tower, and two signs placed on the property with the first at Copperstone Drive and Silicone Drive and the second along Church St as directed by Staff, providing 30 days for comments and/or questions on the proposal. There were no comments/questions received from recipients during the commenting period on the proposal. There was residents that we received questions/comments from, which have been addressed within a subsequent 21-day response period as per ISED’s CPC-2-0-03. The following is a summary of the questions and comments along with the responses provided. Items Questions / Comments Responses Need & Coverage The applicant asserts that “poor cellular service issues greatly affect surrounding areas.” As the adjacent property owner at 1936 Silicone Dr., overseeing a large workforce operating in shifts, I can confirm that cellular service in this area is stable and adequate. Need and Coverage It is the service providers' responsibility to determine the need for improved network services they provide in the area. Reliance on the wireless network goes beyond entertainment and leisure; it varies from person to person. It has grown into a necessity, allowing communities and businesses to connect and thrive as they continue to grow. Additionally, poor capacity solutions pose a serious risk to reliable access to emergency services, including roadside assistance, police, fire, and ambulance. - 47 - Page | 2 Items Questions / Comments Responses The process of determining whether an area has coverage or capacity issues must remain objective. Service providers do so through internal analysis of data factors such as dropped calls, quality of calls, and subscriber feedback. As a reminder, each service provider must develop their own network. This tower is part of a Nationwide project to enhance capacity solutions for network providers. I can confirm that a National provider has committed to co-locating on the tower to achieve network objectives. Proposed Location In the recent past, due to subscriber feedback and other data factors such as dropped calls or quality of calls, a National service provider has confirmed capacity deficiencies in the surrounding area. A survey of this area identified a proposed site that will achieve the necessary engineering coverage objectives for the network. The siting of tower locations is dependent on a number of factors. Among the factors considered are: ● expected usage patterns of service and proximity to users ● local topography and building types ● interaction with existing and future sites ● line-of-sight requirements for high quality communications ● opportunities to use existing structures ● availability of a willing Landlord ● the industry’s commitment to high service standards and customer satisfaction Public Consultation Landowners have not received required materials The City of Pickering has an established process under which this proposed tower application has been reviewed. Telecommunication antenna/tower systems are exclusively regulated by Federal legislation under the Radiocommunication Act and administered by Innovation, Science and 1300 Cornwall Rd., Unit 101, Oakville ON L6J 7W5 - 48 - Page | 3 Items Questions / Comments Responses Economic Development (ISED) Canada. Therefore, Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these antenna/tower systems. The current application has followed all requirements of the City of Pickering’s telecommunications protocol. This included submitting the requested application materials, public information packages mailed to recipients within the notification radius, and 2 signs posted onsite. Please note, this application is still at the public consultation stage - the last day for questions/comments as indicated on the materials is January 15, 2026. As indicated in the notification package, you can find the City’s protocol here: https://www.pickering.ca/business-building-d evelopment/planning-and-development/cell-t ower-protocol/ Environmental It is now confirmed that the proposed installation site directly abuts a Provincially Significant Wetland (PSW) and additional ELC-classified features and unevaluated wetland areas. The proposed tower is a slim monopole, there are no guyed wires on the tower. As you can see in the attached image, the tower location does not fall within regulated areas of the Conservation Authority. With respect to environmental considerations, the Toronto and Region Conservation Authority (TRCA) was circulated on the application. TRCA has advised that they have no concerns with the proposal, as the proposed tower location is situated in the southwest portion of the subject lands and is more than 200 metres from the nearest feature within their regulatory jurisdiction. This separation informed their position that no permits or additional review were required. Health & Safety The applicant’s statement that the antenna “will comply with Safety Code 6” accompanied only by a link to a Health Canada website does not satisfy disclosure expectations. All of Shared Tower’s facilities are fully compliant with safety requirements established by Innovation, Science and Economic Development (ISED) Canada (formally Industry Canada) and Health Canada and, in particular, Health Canada’s Safety Code 6, which sets the limit for safe exposure to radiofrequency (RF) fields at home and at 1300 Cornwall Rd., Unit 101, Oakville ON L6J 7W5 - 49 - Page | 4 Items Questions / Comments Responses work. All wireless telecommunications towers and equipment are required to meet the limits set out in Safety Code 6. This means that for each tower or antenna a carrier installs, they must calculate and prove to ISED that the cumulative power density of it and any adjacent sites is within the allowable Safety Code 6 limits. Strict adherence to Safety Code 6 is a condition of ISED license for all wireless carriers in Canada. If a proposed tower site does not meet the Safety Code 6 limits, it cannot be constructed or placed into services. Shared Tower attests that the proposed tower will comply with the Safety Code 6 limits, including when taking into account the combined effects of other nearby towers and antennas. Health Canada continues to review the latest relevant scientific literature regarding RF energy published around the world and their limits to ensure that it provides continuous protection against any potential adverse health effects. Safety Code 6’s limits consider all levels of technology such as 3rd Generation, 4th Generation/LTE, and 5th Generation, and will continue to do so as new technologies are introduced. All Antenna installations are obligated to always satisfy Health Canada’s strict requirements, regardless of where they are located or the type of technology that is installed. The guidelines outlined for Public Consultation by ISED considers matters regarding modifications to federal protocols and procedures, including Health Canada’s Safety Code 6, not relevant to the tower proposal. Attestations The applicant claims that the tower is “excluded from environmental assessment under the Impact Assessment Act (IAA, 2019).” This statement does not satisfy the requirement for environmental disclosure The antenna system is not incidental to a physical activity or project designated under the IAA, or is located on federal lands, thus it is excluded from environmental assessment under the Impact Assessment Act, formerly known as the Canadian Environmental Assessment Act (CEAA 2012). Conclusion of Public Consultation Shared Tower Inc. has confirmed with the service providers that the proposed site is well located to provide improved wireless voice and data services in the targeted area. 1300 Cornwall Rd., Unit 101, Oakville ON L6J 7W5 - 50 - Page | 5 Request for Concurrence At this time, to conclude the municipal and public consultation process, Shared Tower Inc., is respectfully requesting that the City of Pickering issue a letter of concurrence to confirm that the applicable consultation process has been completed. We look forward to providing enhanced wireless services to residents, businesses, and visitors to the area. Please let me know if you require anything further at this time. Yours truly, Cheyenne Zierler Senior Planning Manager Shared Tower Inc. czierler@sharedtower.ca 1300 Cornwall Rd., Unit 101, Oakville ON L6J 7W5 - 51 - Justification Report For Proposed Telecommunication Antenna Structure File No. STC0938 1400 Church St S Pickering, ON L1W 4C1 September 30, 2025 Prepared for: The City of Pickering One The Esplanade Pickering, ON L1V 6K7 Prepared by:Shared Tower Inc. 1300 Cornwall Rd., Unit 101 Oakville, ON L6J 7W5 Attachment 6 to Report PLN 06-26 - 52 - Shared Tower Inc. 1300 Cornwall Rd., Unit 101 Oakville, ON L6J 7W5 September 30, 2025 The City of Pickering One The Esplanade Pickering, ON L1V 6K7 Re: Proposed Telecommunication Antenna Structure at 1400 Church St S, Pickering, ON L1W 4C1 Shared Tower Inc. (Shared Tower) is pleased to submit this Telecommunication Tower application for a Letter of Concurrence to the Municipality of Pickering. The proposed tower is a 25 metre streetworks tower structure designed to support multiple co-location opportunities. The tower is proposed to be located at 1400 Church St S, Pickering, ON L1W 4C1, on a E1 - Employment General zoned property. Although the Federal Government, through Innovation, Science and Economic Development (ISED) Canada is responsible for the final regulatory decision to approve the location of the tower, Shared Tower looks forward to working with the Municipality of Pickering to ensure that its community objectives are met. Please do not hesitate to contact me directly if you have any questions or if we can provide any further information. Sincerely, Cheyenne Zierler Senior Planning Manager Shared Tower 1300 Cornwall Rd, Unit 101 Oakville, ON L6J 7W5 czierler@sharedtower.ca - 53 - 1. Introduction The telecommunications industry plays an essential role, connecting Canadians with wireless and wireline services from coast to coast. These services facilitate the growth of local economies by providing easy access to information and connectivity for residents, businesses, visitors and public bodies. As demand for telecommunications services continues to grow, more network infrastructure is required to keep pace with this demand. Shared Tower is proposing a new tower at 1400 Church St S, Pickering, ON L1W 4C1 (Subject Site). The subject property is a E1 - Employment General zoned site, approximately 52.61 acres. The intent of the proposed tower is to strengthen the telecommunications network in order to better support increased demands for consumer connectivity, the digital economy, and health and safety measures in the community. - 54 - 2. Coverage Objective Broadly, Shared Tower has identified a need for improved telecommunications network coverage in Pickering. The proposed tower is a 25 metre streetworks tower installation, engineered to accommodate initial and future loading for multiple cellular service providers and additional fixed wireless equipment as required, thereby limiting the need for additional infrastructure to service the area. The location of the tower will ensure separation from the residential properties along with coverage and network capacity for all major wireless network providers. There are currently no suitable telecommunication structures in close proximity that would sustain sufficient connectivity for the Municipality of Pickering. At 25 metres in height, the proposed tower is anticipated to address coverage issues in the area. As of the date of this application, national wireless carriers have expressed interest in locating on the tower. Figure 1: Anticipated Telecommunications Network Coverage - 55 - 3. Subject Site and Land Use Considerations The Subject Site, in Figure 2, is located at 1400 Church St S, Pickering, ON L1W 4C1 (legal description: PT LTS 15 & 16, RANGE 3, BROKEN FRONT CONCESSION, PTS 1, 5, 8 & 32 40R22677, S/T EASE IN FAVOUR OF THE CORPORATION OF THE CITY OF PICKERING OVER PT LT 15, RANGE 3, BROKEN FRONT CONCESSION, PTS 5, 8 & 32 40R22677 AS IN DR351022, S/T EASE IN FAVOUR OF THE REGIONAL MUNICIPALITY OF DURHAM, OVER PT LT 15, RANGE 3, BROKEN FRONT CONCESSION, PT 32 40R22677 AS IN DR351127 CITY OF PICKERING). The proposed location comprises approximately 52.61 acres of land zoned for E1 - Employment General Zone uses allowing for a considerable setback from the majority of residents. Figure 2: Key Map Showing Subject Site & Viewpoint 4. Subject Site Selection Justification Existing Telecommunications Towers Prior to proposing a new tower, Shared Tower reviewed the location of existing telecommunications towers for co-location opportunities. As shown in Figure 3, the closest existing tower to the proposed tower is 0.15 km south, our proposed tower is placed at this location in order to ease the burden of the retrospective tower in this commercial area. Additionally, there are towers 1.63 km west, 1.72 km and 1.47 km northwest, and 1.99 km east. The distance from these towers to our proposed towers outlines the need for additional capacity in the area. - 56 - Figure 3: Subject Site Relative to Nearby Telecommunications Towers Other Co-location Opportunities A review for other suitable existing structures, such as rooftops, utility poles, and transmission towers for co-location opportunities was also undertaken. There were no rooftops or utility poles of sufficient height within the search radius to adequately provide additional network coverage. Distance from Residential and Comprehensive Development Sites The nearest residential use zoned property to the Subject Site is located approximately xx metres to the Southeast at address. Land Use & Public Realm Considerations The Subject Site is located in a commercial setting away from the majority of residential development and currently used for E1 - Employment General zoning purposes. Additionally, the Subject Site is not a location of topographic prominence that would affect public views, nor is it located in the line of sight of any views or vistas of significant natural or human-made features. The proposal is not anticipated to negatively affect any sensitive land uses, such as heritage sites, parks, areas of significant vegetation, shorelines, or water bodies. Overall, the addition of the proposed tower would result in little to no impact on the area’s current land uses nor would it detract from the overall public realm. - 57 - 5. Detailed Rationale The purpose for this proposal is to improve on coverage that already exists in the area by offloading surrounding towers to increase the strength, quality and capacity of the network by introducing 5G to the area. Signals degrade the further away a user is from the tower. This is a dense urban area with lots of homes, trees, buildings and people which puts a strain on the network. There is some level of coverage from the other towers in the area, however they broadcast on a range of frequencies that all have different coverage extents. The communications industry reports that our global/national wireless data consumption continues to grow year after year. Dense areas result in more powerful phones with access to more frequency bands. This heavily affects the network in the area as there are more users streaming videos, attending virtual meetings, and multi-app usage. The carriers add power to optimize their towers as much as they can to keep up with a specific level of service that is acceptable. Once that capacity is reached, other solutions need to be explored; such as this proposed site which offers a minimal visually impacting tower design. This site will aid in shouldering the heavy traffic load in this dense employment area so that existing towers do not fail and get overburdened. Our proposed site has been carefully chosen to improve wireless coverage in this area of Pickering. There is existing coverage in the area from the carriers, but most of that today is based on 3rd and 4th generation wireless technologies (3G/4G) which brought us HSPA+ and LTE. Carriers have been deploying 5th generation wireless (5G) nationally and that requires more infrastructure like towers so that municipalities and residents can take advantage of it. The difference now is that there are more options and types of towers to choose from to better suit the needs of the community. The wireless frequencies of 5G will greatly improve data speeds and reduce connection latency which will facilitate new innovations and services. But those special frequencies do not travel long distances so it is essential to get new infrastructure as close to where people live, work, and play. But do it in a manner that respects the environment, and adheres to strict Health Canada safety guidelines. This new tower is not about addressing a 'gap' or void of coverage overall, but to densify existing networks and add new wireless technology. Businesses and residents will expect to have access to this. - 58 - 6. Proposed Telecommunication Antenna Structure Shared Tower is proposing to construct a 25 metre streetworks tower on the Subject Site. Preferred Tower Type The streetworks tower design has been selected as the most efficient tower type to support equipment for multiple future co-location services and the elevation required to meet the aforementioned application objective. This tower type is consistent with the typical structures installed in commercial areas and ensures minimal visual impact. Preferred Tower Height The proposed streetworks tower has been designed at a height of 25 metres. This height is required to provide optimal coverage to the area for voice and data use. More importantly, this height will also allow other carriers to co- locate on the proposed tower in the future, which will limit the overall number of tower structures required in Pickering and surrounding areas. Control of Public Access The proposed tower will include a locked and electronically monitored mechanical equipment shelter. Bollards will be installed around the base of the tower and the equipment shelter will include one locked access point. Design Considerations & Screening The tower structure is proposed to be located on the south-western area of the Subject Site. Trees or other vegetation may be required to be removed or disturbed during the installation or operation of the proposed tower. - 59 - 7. Federal Policy The Federal Government, through Innovation, Science and Economic Development Canada (ISED) is responsible for the final regulatory decision to approve the location of the tower. ISED has adopted a policy (CPC-2-0-03 – Radiocommunication and Broadcasting Antenna Systems) which applies to anyone who is planning to install or modify a tower. This policy has been reviewed to ensure Shared Tower’s proposed tower is in compliance. A review of the required public consultation process along with several required declarations follow. CPC-2-0-03 – Radiocommunication and Broadcasting Antenna Systems (2022) Public Consultation The City of Pickering has an established process under which this proposed tower application will proceed. The City of Pickering’s public consultation process was reviewed to ensure the requirements will be met by Shared Tower. Health Canada’s Safety Code 6 Compliance Shared Tower attests that the proposed tower described in this Letter of Rationale will at all times comply with Health Canada’s Safety Code 6 limits, as may be amended from time to time, for the protection of the general public, including any combined effects of carrier co-locations and nearby installations. Safety Code 6 takes into account the total exposure from all sources of radiofrequency electric and magnetic fields in the range of 3kHz to 300 GHz. This includes those that may be used in 5th Generation technology. Impact Assessment Act (IAA 2019) Shared Tower attests that the proposed tower described in this Letter of Rationale is excluded from environmental assessment under the Impact Assessment Act, formerly known as the Canadian Environmental Assessment Act (CEAA 2012). Aeronautical Safety Shared Tower attests that the proposed tower described in this Letter of Rationale will comply with Transport Canada/NAV Canada aeronautical safety requirements. When the aforementioned parties have determined if any aeronautical safety features are required for the proposed tower, this information will be provided to the Municipality of Pickering. - 60 - Engineering Practices Shared Tower Inc. attests that the radio antenna system as proposed for this site will be constructed in compliance with the applicable Canadian Standard Association (CSA) standards for telecommunications tower sites and comply with good engineering practices including structural adequacy. Innovation, Science and Economic Development Canada’s Spectrum Management Please be advised that the approval of this site and its design is under the exclusive jurisdiction of the Government of Canada through Innovation, Science and Economic Development Canada (formerly Industry Canada). For more information on ISED’s public consultation guidelines, including CPC-2-0-03, please visit this website, or contact the local ISED office at: Toronto District Office 175A Admiral Blvd, Mississauga ON L5T 2T3 Telephone: 1-855-465-6307 Fax: 416-954-3553 Email: spectrumtoronto-spectretoronto@ised-isde.gc.ca General information relating to antenna systems is available on ISED’s Spectrum Management and Telecommunication website. - 61 - 8. Conclusion Shared Tower has proposed a new tower in Pickering to strengthen the local telecommunications network. Prior to submitting this request, a thorough search for existing co-location opportunities was conducted, however, no feasible options were available. Shared Tower believes this proposal: ● Works toward bridging the urban-rural connectivity divide by filling an identified network need in Pickering; ● Provides co-location opportunities that will reduce the overall number of towers required in the community; ● Is designed to be as visually unobtrusive as possible and blend in on the Subject Site; ● Has no impact on the adjacent land uses or public realm; ● Is aligned with and supports several layers of municipal and federal policy; and, ● Justifies the issuance of a Statement of Concurrence by the Municipality of Pickering. Although ISED is responsible for the final regulatory decision to approve the proposed tower, Shared Tower is committed to effective and meaningful municipal and community consultation. We look forward to working with the Municipality of Pickering to continue to build an efficient telecommunications network for the community while ensuring its objectives are met. - 62 - Appendix A: Site Renderings Before After - 63 - Shared Tower Inc. 1300 Cornwall Rd., Unit 101 Oakville, ON L6J 7W5 info@sharedtower.ca | (647) 362-0111 - 64 - Report to Planning and Development Committee Report Number: PLN 07-26 Date: April 7, 2026 From: Kyle Bentley Director, City Development & CBO Subject: Official Plan Amendment OPA 22-002P Zoning By-law Amendment A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway Recommendation: 1. That Official Plan Amendment Application OPA 22-002P, submitted by Pickering Ridge Lands Inc., to amend the Pickering Official Plan by adding site-specific policies for the lands located at the northeast corner of Brock Road and Highway 401, municipally known as 1755 Pickering Parkway: to permit a maximum building height of 36 storeys; by adding policies respecting a future urban-format school site; and by amending Schedule XIV, Sheet 4 of 4 - Brock Precinct Intensification Area of Official Plan Amendment 38 to incorporate a revised road network and public park, and to add a signalized intersection, as they relate to the subject lands to facilitate a phased, high-density, mixed-use development, be approved: and that the draft By-law to adopt Amendment 56 to the Pickering Official Plan, as detailed in Attachment 1 to Report PLN 07-26, be forwarded to Council for enactment; and, 2. That Zoning By-law Amendment Application A 05/22, submitted by Pickering Ridge Lands Inc., to permit a phased high-density, mixed-use development, located at the northeast corner of Brock Road and Pickering Parkway, municipally known as 1755 Pickering Parkway, consisting of 13 towers with building heights ranging between 12 storeys to 36 storeys, containing approximately 5,109 apartment dwelling units; and a minimum of 17,370 square metres of commercial, retail and office space, be approved, subject to the proposed zoning provisions contained within Attachment 2 to Report PLN 07-26; and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. - 65 - PLN 07-26 April 7, 2026 Page 2 1.0 Executive Summary: The purpose of this report is to seek Council’s approval for the Official Plan Amendment and Zoning By-law Amendment applications submitted by Pickering Ridge Lands Inc., to enable a multi-phased, high-density, mixed-use development located at the northeast corner of Brock Road and Highway 401 (see Location Map, Attachment 3). The applicant's initial proposal consisted of 7 phases, including 12 towers ranging from 20 to 43 storeys, 26,693 square metres of retail and commercial space, 5,297 residential units, and 1.04 hectares of public parkland. In response to concerns raised by City staff, agencies, and members of the public, the applicant revised the Conceptual Master Plan. The following key changes have been made:  a reduction in the total number of residential units from 5,297 to 5,109 units, a decrease of 188 units;  a redistribution of building heights across the site to minimize shadow impacts, and to provide a more appropriate transition to surrounding residential areas, including reducing maximum building heights from 43 to 36 storeys, and one tower from 20 storeys to 12 storeys;  a reduction in the floor space index from 4.73 to 3.69;  an increase in public park space from 1.04 to 1.38 hectares;  an increase in total parking supply from 4,238 to 5,529 spaces, representing an additional 1,291 parking spaces;  a reconfiguration of the proposed public and private road network, and an increase in public road right-of-way width from 18.5 metres to 20 metres in accordance with City standards;  the inclusion of a future urban podium school, if required by the school boards;  the inclusion of 18,432 square metres of office space;  a commitment that 1.75 percent of the development will be provided as affordable housing units, resulting in 88 affordable units (10 of which are to be provided in Phase 1); and,  a commitment that 15% of the residential units will consist of 3-bedroom units (including a den) to provide family-sized units. The purpose of the Official Plan Amendment is to allow a site-specific increase to the maximum building height to 36 storeys, introduce a policy that would enable a future potential urban school site, and revise Schedule XIV: Sheet 4 of 4 – Brock Precinct of Official Plan Amendment 38 to reflect a revised road pattern, park layout, and signalized intersection. The purpose of the Zoning By-law Amendment is to permit a broad range of residential, retail commercial, and office uses, and to establish appropriate development standards, including building setbacks, building height, floor space index, tower floor plate size, building separation and parking requirements. The site-specific zoning By-law also includes Holding Symbols that - 66 - PLN 07-26 April 7, 2026 Page 3 must be satisfied prior to development proceeding, including matters related to servicing, transportation and other agency requirements. Future Site Plan applications will be required for each phase to address technical matters such as building treatment, servicing, grading, stormwater management, landscaping, transportation, and construction management. City Development staff support the revised Conceptual Master Plan. The proposal represents an appropriate form of intensification on an underutilized commercial site in the urban area, in proximity to a prominent gateway near the intersection of Pickering Parkway and Brock Road. The revised plan establishes a strong urban edge along Brock Road and Pickering Parkway while creating a pedestrian-oriented environment supported by ground-floor retail and commercial uses, office spaces, and publicly accessible parkland. The proposal also contributes to the City’s housing objectives by providing a diverse mix of housing types, including affordable housing and family-size units, and by supporting the potential integration of a future urban school site. The scale and density of development are appropriate for a location served by existing and planned transit along Brock Road and within proximity to the future Bus Rapid Transit along Kingston Road. Overall, the proposal represents efficient use of land and infrastructure, is consistent with the Provincial Planning Statement, and generally conforms to the policies of Official Plan Amendment 38. The proposal represents good planning and will be developed in an orderly manner. Accordingly, staff recommend that Council approve Official Plan Amendment Application OPA 22-002P and that the draft By-law to adopt Amendment 56, as outlined in Attachment 1, be finalized and forwarded to Council for adoption. Staff also recommend Council approve Zoning By-law Amendment Application A 05/22, and that the implementing zoning By-law, as outlined in Attachment 2, be finalized and forwarded to Council for enactment. 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. 3.0 Financial Implications: No direct costs to the City are anticipated due to the proposed development. 4.0 Discussion: The purpose of this report is to seek Council’s approval of applications for Official Plan Amendment and Zoning By-law Amendment, submitted by Pickering Ridge Lands Inc. The applicant proposes a multi-phase, high-density, mixed-use development featuring 13 towers, about 5,109 residential units, and at least 17,370 square metres of commercial, retail and office space. The proposal also includes a new public road and a central public park. - 67 - PLN 07-26 April 7, 2026 Page 4 This report outlines how the proposal conforms to the new Provincial Planning Statement, the Durham Regional Official Plan, and the Official Plan's intensification policies. It also summarizes the revisions made in response to public feedback, and explains how the proposed density, building height, and scale are compatible with the surrounding land uses. Additionally, the report addresses comments from residents and the Planning and Development Committee. 5.0 Background: 5.1 Property Description The subject property is situated at the northeast corner of Brock Road and Highway 401, known as “The Shops at Pickering Ridge” (see Location Map, Attachment 3). The site covers approximately 9.48 hectares, with frontages along Brock Road to the west and Pickering Parkway to the north. It is an irregularly shaped parcel with a commercial shopping plaza having a total gross floor area of approximately 26,585 square metres. The subject lands include several single-storey, stand-alone, and multi-tenanted buildings, providing a variety of retail, commercial, and restaurant options. Surrounding land uses include (see Air Photo Map, Attachment 4): North: At the southeast corner of Pickering Parkway and Brock Road, there is a stand-alone retail use with an automobile service station (Canadian Tire). Across Pickering Parkway to the north is another commercial plaza with various restaurants, retail stores, and other commercial uses. These lands are subject to approved applications for Official Plan Amendment (OPA 20- 003P) and Zoning By-law Amendment (A 07/20), which permit a phased high-density, mixed- use development. To the northeast of the subject lands, south of Pickering Parkway, is a recently constructed medium-density residential development consisting of block and back-to- back townhouse dwelling units. Further north of Pickering Parkway is an existing low-density residential neighbourhood consisting primarily of single-detached dwellings and Beechlawn Public Park. East: To the east are lands owned by the City of Pickering, intended for the future construction of the Notion Road overpass. The municipal boundary of Pickering extends to Notion Road. East of Notion Road, within the Town of Ajax, land uses include St. Francis de Sales Catholic Cemetery and an industrial area with outdoor aggregate storage, motor vehicle repair shops, towing businesses, and recycling services. South: Immediately to the south is Highway 401 and the Metrolinx/Canadian National Railway corridor. Southeast of Highway 401 is the Durham Live Casino and Hotel. West: Across Brock Road at the southwest corner is an existing automobile service station and a Tim Hortons drive-through restaurant. Further west are two 8-storey residential buildings, a retirement residence, and townhouse dwelling units. - 68 - PLN 07-26 April 7, 2026 Page 5 5.2 Applicant’s Original and Revised Conceptual Master Plan for the entire landholdings The applicant initially proposed a Conceptual Master Plan outlining their long-term vision for their landholdings. The original proposal was for a multi-phased, high-density, mixed-use development comprising of 7 buildings with a total of 12 towers ranging in height from 20 to 43 storeys. The plan included approximately 5,297 residential units and approximately 26,103 square metres of non-residential space (see Original Conceptual Master Plan (2022), Attachment 5). The proposal also included a network of new private and public streets connecting to Brock Road and Pickering Parkway, a 1.04 hectare central public park to be conveyed to the City, and several privately owned publicly accessible spaces (POPS) distributed throughout the site. In response to comments from City departments, external agencies, the Planning and Development Committee and area residents, the applicant submitted a revised Conceptual Master Plan. The revised plan includes several changes to the original proposal. The table below summarizes the key revisions (see Revised Conceptual Master Plan (2026), Attachment 6). Original Proposal Revised Proposal Proposed Change Net Floor Area (NFA) 334,427 sq. metres 350,442 sq. metres Increased by 16,015 sq. metres Floor Space Index (FSI) 4.73 3.69 Reduced by 1.04 Number of Phases 7 7 No change Building Heights Ranging from 20 storeys to 43 storeys Ranging from 12 storeys to 36 storeys Maximum height reduced by 7 storeys Total Number of Residential Units 5,297 units 5,109 units Reduced by 188 units Non-residential GFA  26,103 square metres of commercial/retail  23,802 square metres of which: 18,432 square metres of office space 5,370 square metres of commercial/retail Reduced by 1,816 sq. metres - 69 - PLN 07-26 April 7, 2026 Page 6 Vehicular Parking Spaces A total of 4,238 parking spaces A total of 5,521 parking spaces Increased by 1,283 spaces Parking Ratio  Resident: 0.8 spaces per unit  Visitor: 0.15 spaces per unit  Commercial: 3.5 spaces per 100 square metres of gross floor area  Resident: 0.8 spaces per unit  Visitor: 0.15 spaces per unit  Commercial: 2.5 to 5.0 spaces per 100 sq. metres of gross floor area Parking requirements for specific commercial uses have been provided Public Parkland 1.04 hectares 1.38 hectares Increased by 0.34 hectares Privately Owned Publicly Accessible Spaces (POPS) 6,114 square metres 834 square metres Reduced by 5,280 square metres Bicycle Parking Spaces 2,649 spaces 2,679 spaces Increased by 30 spaces Affordable Housing Units None 88 units Increased by 88 units Vehicular access to the site is proposed from both Brock Road and Pickering Parkway. Access from Brock Road will be limited to right-in and right-out movements, located approximately 248 metres south of the intersection of Pickering Parkway and Brock Road. Two vehicular access points are proposed from Pickering Parkway, with the westerly access restricted to right-in and right-out movements. A traffic signal is also proposed at the easternmost intersection with Pickering Parkway to provide a full-moves intersection. The proposed public road configuration has been revised from the previous concept (see Original Conceptual Master Plan (2022), Attachment 5). The earlier plan included an east-west road extending from Brock Road to the eastern portion of the lands, north of the public park, connecting to a north-south road. The revised public road layout provides a more direct connection, allowing traffic to flow from Brock Road south along the edge of the public park and north toward Pickering Parkway (see Revised Conceptual Master Plan (2026), Attachment 6). The right-of-way width of the public road has also been revised from 18.5 metres to 20 metres to City standards. The right-of-way will include a 3.0 metre wide multi-use path on one side and a 1.8 metre wide sidewalk on the other side of the street. - 70 - PLN 07-26 April 7, 2026 Page 7 The removal of a portion of the previously proposed public road allows for a larger area of unencumbered public parkland. In addition, municipal servicing has been relocated within the proposed right-of-way to ensure the public parkland remains unencumbered. 5.3 Phase 1 redevelopment As noted above, the conceptual master plan will be developed in multiple phases. The phase 1 lands, approximately 11,814 square metres in area, are partially occupied by an existing commercial building, with tenants including but not limited to Sun Life Insurance, Kitchen Stuff Plus and Dollar Tree, as well as a surface parking area, which will be demolished to accommodate the redevelopment. The phase 1 lands have frontage on Brock Road and provide existing vehicular access. The applicant has indicated that the first phase includes 1 building with 2 towers, 32 and 36 storeys, situated on a 6-storey podium, with a total of 744 residential units. Approximately 1,400 square metres of retail space is proposed at grade, along with 834 square metres of POPS. Also included is 1,356 square metres of indoor amenity space and 2,712 square metres of outdoor amenity space located on rooftop terraces on floors 6 and 7, as well as at the rear of the proposed building. An application for Site Plan Approval for phase 1 has yet to be submitted. Future phases of the revised Conceptual Master Plan will be subject to applications for the Draft Plan of Subdivision, Site Plan Approval, and Draft Plan of Condominium. 6.0 Public Engagement: 6.1 Public Open House Meeting A Public Open House Meeting was held on September 18, 2024, to inform residents about the proposed development. Notices were mailed to all properties within 150 metres of the subject property. At the request of the Ward Councillors, notices were also sent to a broader area. In total, 874 property owners received notices. Four notice signs were installed on the property, and the notice was also promoted through the City’s social media channels. Approximately 22 residents attended the Open House Meeting. 6.2 Statutory Public Meeting A Statutory Public Meeting regarding the applications was held on November 4, 2024. Notice of the meeting was mailed to all properties within 150 metres of the subject property, to individuals who attended the Open House Meeting, and to those who submitted written - 71 - PLN 07-26 April 7, 2026 Page 8 comments on the application and/or requested notification of future meetings. In total, 370 property owners received notices by mail. Four notice signs were also installed on the property and posted on the City’s social media channels. One resident provided a delegation at the Statutory Public Meeting. 7.0 Comments Received: 7.1 Comments received by the public The following is a summary of comments received from the public through public meetings and written submissions.  concerns over rising traffic congestion.  concerns regarding the loss of current retail and commercial spaces, as well as questions on existing lease agreements.  concerns about the shadow effects on the proposed public park.  questions regarding the location of the proposed public park, the availability of on-street parking, and the types of amenities the park will feature.  questions about when the public park will be delivered, in Phase 1 and the full build-out.  concerns regarding the deficiency of new schools and community spaces to accommodate future residents.  concerns regarding parking rates and their impacts on existing businesses, future residents, and visitors.  concerns regarding compatibility with surrounding land uses.  concerns that the current infrastructure, including roads and bridges, requires upgrades to support this development.  questions regarding the timeline for the complete development build-out.  consideration of reducing the proposed tower heights.  clarification on the proposed density and floor space index (FSI).  clarification on the quantity and types of units proposed for each phase, as well as affordable housing.  questions regarding the proposed vehicular entrances, accesses, and signalization. 7.2 Comments from External Agencies 7.2.1 Region of Durham  No objections to the proposed development, subject to a (“H”) Holding provision to be implemented until the Owner enters into an agreement with the Region of Durham that demonstrates sufficient sanitary and water supply capacity to enable the full development of the site, or an individual building within the site, and that a financially secured agreement has been entered into with the Region of Durham. - 72 - PLN 07-26 April 7, 2026 Page 9  A front-ending agreement must be secured with the Region for constructing any section or phase of sanitary or water infrastructure as outlined in the Region’s Development Charge Background Study, and it must be approved by the Regional Council.  outstanding technical issues related to detailed site servicing, stormwater management, waste management, transportation, and the conveyance of daylighting triangles will be further reviewed through future applications for Site Plan Approval. 7.2.2 Durham Region Transit  No objections to the applications. 7.2.3 Metrolinx  No objections to the proposed development.  Before site plan approval, a final noise study shall be submitted to Metrolinx to their satisfaction.  Confirmation must be provided to Metrolinx that warning clauses have been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease for each unit within 300 metres of the Railway Corridor.  Before Site Plan Approval, the Owner must grant an Environmental Easement to Metrolinx to register operational emissions on title for all uses within 300 metres of the rail right-of- way. 7.2.4 Ministry of Transportation (MTO)  No objections to the proposed development.  A Traffic Impact Study will be required to be submitted with each phase of development, along with associated Terms of Reference. 7.2.5 Durham Regional Police – Radio Systems  The proposed development will not cause any immediate obstruction issues for the Region’s NextGen radio system and associated microwave links.  The buildings will need to be tested for in-building coverage once they are constructed. 7.2.6 Durham District School Board (DDSB)  Based on the proposed unit breakdown, the expected elementary student yield from this 7- phase development is 1,022 students, along with 1,022 secondary students. Based on these numbers, the DDSB has determined that a school site is necessary.  DDSB has no objections to the subject applications; however, it is requested that an (“H”) Holding provision be included within the Zoning By-law to be imposed on all phases except Phase 1. This would enable the applicant to proceed with Phase 1. For the remaining six - 73 - PLN 07-26 April 7, 2026 Page 10 phases, the hold will remain until the applicant prepares a study evaluating existing community services and facilities, to the satisfaction of the DDSB, which analyzes and assesses the current need for a new school site. 7.2.7 Durham Catholic District School Board (DCDSB)  DCDSB has raised no objections to the proposed development.  Students resulting from this development will attend St. Wilfrid Catholic School at 2360 Southcott Road and St. Mary Catholic Secondary School at 1918 Whites Road. 7.2.8 Canadian National Railway (CN)  CN has confirmed that the proposed development is feasible and can be designed to comply with the CN, Federation of Canadian Municipalities (FCM), and the Railway Association of Canada (RAC) Guidelines for new development activities near railway operations, as well as the Ministry of Environment guidelines.  The subject site is within 300 metres of CN’s Main Line; therefore, suitable conditions must be included in all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease for each dwelling unit within 300 metres of the railway right-of- way.  The Owner will be required, through restrictive covenants, to be registered on title and agreements of purchase and sale or lease, and to provide notice to the public regarding noise and vibration.  The Owner must grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN.  CN’s counsel advised staff that they would prefer the above items be resolved through the Official Plan and Zoning By-law Amendment process, rather than the Site Plan Approval process. As such, an (“H”) Holding provision has been included within the Zoning By-law that requires the Applicant to enter into a Development Agreement with CN and that Environmental Easements in favour of CN be registered on title of the lands before the holding provision can be lifted, and any residential development can be built. CN has reviewed the holding provision and is satisfied. 7.2.9 Toronto and Region Conservation Authority (TRCA)  TRCA has no objections to the proposed development.  Matters related to water balance, erosion control, and stormwater management will be further reviewed through a future site plan application, and appropriate conditions of approval will be included as part of the Site Plan Approval. - 74 - PLN 07-26 April 7, 2026 Page 11 7.2.10 Town of Ajax  The Town of Ajax provided recommendations related to:  preserving the existing vegetation and providing a landscape buffer along Highway 401;  ensuring pedestrian connections from each building to municipal streets; and,  providing a landscape buffer/fence adjacent to the Canadian Tire site.  The Town of Ajax requests that future Site Plan applications be circulated to the Town for review and comment. 7.3 Comments from City Departments 7.3.1 Engineering Services  No objections to the revised Conceptual Master Plan.  Detailed design aspects, such as the provision and installation of roads, services, grading, drainage, stormwater management, utilities, tree compensation, construction management, and noise analysis, will be addressed through future Site Plan applications. 7.3.2 Sustainability Sustainability staff have reviewed the submitted Integrated Sustainable Design Standards (ISDS) Mid to High-Rise Residential & Non-Residential Checklist, prepared by Zelinka Priamo Ltd, dated April 2024, and have no objections to the applications. Staff have confirmed that the proposed development will comply with all mandatory Tier 1 requirements of the ISDS and, in some cases, surpass them by including voluntary Tier 2 sustainable site and building design measures. Sustainability features to be incorporated into the proposed development include, but are not limited to:  A resident education information package to be provided to future residents to inform them about the use and maintenance of sustainable building features.  50% of hardscape surfaces to be treated with heat island reduction measures, such as high-albedo paving materials.  Use of native and drought-tolerant species for 75% of the landscape areas.  Bird-friendly design treatments to be applied to a minimum of 90% of all exterior glazing within the first 16 metres of the building above grade.  A tri-sorter to direct and separate waste materials into either recyclables, organics, or waste. In support of future Site Plan applications, the applicant will be required to demonstrate that each phase of development has been designed in accordance with the Council-approved ISDS Checklist for Mid to High-Rise Residential Development. The final sustainable design features incorporated into the development will be presented to the Site Plan Review Panel for feedback before the Director, City Development & CBO issues site plan approval. - 75 - PLN 07-26 April 7, 2026 Page 12 7.3.3 Fire Services  No objections to the applications.  The applicant will need to demonstrate, through future Site Plan applications, that each phase of development provides for a fire route that complies with Fire Services standards and the Ontario Building Code. 8.0 Planning Analysis: 8.1 The proposal is consistent with the Provincial Planning Statement (2024) The Provincial Planning Statement, 2024 (the “PPS”), provides direction on matters of provincial interest related to land use planning and development. It promotes the creation of strong, healthy communities through efficient development and land use patterns, the wise use and management of resources, and the protection of public health and safety. The PPS requires planning authorities to provide an appropriate range and mix of housing options and densities to meet the needs of current and future residents. Housing options are defined to include multi-residential buildings. The PPS directs planning authorities to promote intensification and redevelopment within Settlement Areas to support the development of complete communities. It also requires municipalities to permit all forms of residential intensification, including the development of new housing options within existing built-up areas. The proposed development is consistent with the PPS as it supports intensification within a defined Settlement Area. The subject lands are near a future Scarborough-Durham Bus Rapid Transit (BRT) corridor and a future high-frequency bus route along Brock Road planned by Durham Region Transit. The proposed development promotes the efficient use of land, infrastructure and public investment by facilitating residential intensification, including the redevelopment of existing commercial sites. The mixed-use nature of the development supports commercial, retail and office space while encouraging active transportation and transit use. The proposal also contributes to the creation of a complete community by providing a range and mix of land uses, including diverse housing options, multimodal transportation access, public service facilities and institutional uses (such as a school), as well as parks and open spaces to meet long-term community needs. Accordingly, the revised Conceptual Master Plan is consistent with the 2024 PPS. 8.2 The proposal conforms to the Durham Regional Official Plan “Envision Durham” On May 17, 2023, Durham Regional Council adopted the new Official Plan “Envision Durham,” as amended. The Ministry of Municipal Affairs and Housing approved the Official Plan in part on September 3, 2024, and the remainder on December 13, 2024. - 76 - PLN 07-26 April 7, 2026 Page 13 On January 1, 2025, Durham Region became an upper-tier municipality without land use responsibilities. Pursuant to Subsection 70.13(2) of the Planning Act, the Durham Region Official Plan is considered to be the Official Plan of the City for any area within the City to which it applies and will remain in effect until the City revokes or amends it. The Regional Official Plan (ROP) designates the property as a Rapid Transit Corridor. These corridors are meant to provide vital links to other key growth areas in the Region and have been given density permissions to support the development of higher-order transit services. The Rapid Transit Corridor designation aims to accommodate a variety of uses, including underutilized commercial, retail, institutional, residential, personal services, offices, and other functions, while encouraging appropriate built forms. Furthermore, the ROP indicates that at least 50% of all new residential units across the Region should be achieved through intensification each year. The ROP describes intensification as developing a property or area at a higher density than currently exists, such as transforming a vacant or underutilized lot within an established built-up area. The ROP also states that Rapid Transit Corridors are the most significant regional corridors. The proposal aligns with the ROP by introducing a variety of housing options and densities that support transit use and promote a pedestrian-oriented neighbourhood, featuring a broad mix of commercial and institutional uses and different unit sizes. Accordingly, the revised Conceptual Master Plan conforms to the Region of Durham’s “Envision Durham” Official Plan. 8.3 The Applicant’s site-specific Official Plan Amendment is appropriate and is consistent with the Official Plan Amendment 38 In January 2022, Council adopted City Initiated Official Plan Amendment 38 (OPA 38), which was approved by the Region of Durham in November 2022. OPA 38 was subsequently appealed to the Ontario Land Tribunal (OLT) by six landowners. On December 19, 2024, the OLT approved OPA 38 (in part), except for lands subject to site-specific appeals. As the subject lands are not among the properties under site-specific appeal, the policies of OPA 38 are now in full force and effect with respect to these lands. The subject lands are located within the Brock Precinct and are subject to multiple land use designations. The western portion is designated “Mixed Use Type A” and “Public Park”, while the eastern portion is designated “Mixed Use Type C”, “Residential”, and “Natural Area”. The minimum permitted residential density is over 60 units per net hectare, with no maximum. The permitted residential floor space index (FSI) ranges from over 0.75 to a maximum of 2.5. OPA 38 permits consideration of an increase in FSI beyond 2.5, up to 5.0, through a site- specific zoning By-law amendment, provided the following criteria are satisfied:  that the site is generally located in an appropriate gateway location and/or adjacent to Highway 401;  that the proposal is compatible with adjacent land uses, particularly stable residential neighbourhoods, in terms of massing, height, scale and transition; - 77 - PLN 07-26 April 7, 2026 Page 14  that the applicant demonstrates the proposed development would not preclude other properties within the precinct from developing or redeveloping to their planned potential; and,  that the proposal meets the general intent of the policies of Chapter 11A of the Official Plan Amendment 38. The applicant had submitted Official Plan Amendment and Zoning By-law Amendment applications prior to OPA 38 coming into full force and effect. At the time, the requested amendments sought to:  permit a minimum net residential density of over 80 units per net hectare, with no maximum;  increase the maximum permitted FSI to 5.0; and,  introduce additional uses, including medium and high-density residential, retail and service commercial uses, offices, and restaurants. As OPA 38 is now in effect, those original amendments are no longer applicable. The current site-specific Official Plan Amendment is required to:  permit a maximum building height of 36 storeys;  add policies enabling school boards to secure an urban format school site; and,  amend Schedule XIV, Sheet 4 of 4, of the Brock Precinct Intensification Area to reflect the revised public road pattern and parkland configuration. The revised Conceptual Master Plan satisfies the criteria of OPA 38 for permitting an FSI increase to 4.0, as follows: A. Appropriate Location  The subject lands are directly adjacent to Highway 401 and located along an arterial road and transit corridor.  The site is within an 8-minute drive to the Pickering GO station and planned higher-order transit routes along Kingston Road. B. Compatibility and Transition The proposed development has been designed to provide appropriate transition and compatibility with existing low to medium-density residential development and planned high- density development to the north through:  strategic tower placement and orientation to maintain appropriate separation distances, minimize overlook and shadow impacts, and reduce visual intrusion on existing residential areas;  building stepbacks and tiering to reduce perceived height and massing and create a gradual visual transition; - 78 - PLN 07-26 April 7, 2026 Page 15  appropriate building setbacks that allow for additional landscaping, mitigate privacy impacts, and support a pedestrian-friendly streetscape along Brock Road, Pickering Parkway and proposed internal roads;  careful placement of amenity areas and landscaped buffers to soften the interface and enhance screening between higher- and lower-intensity uses; and,  graduated height transitions, with taller buildings concentrated near Highway 401 and Brock Road, and heights stepping down toward existing residential areas to ensure an appropriate scale transition consistent with OPA 38. C. Orderly development of adjacent lands  The proposed development will not preclude the development or redevelopment of adjacent lands within the precinct.  Immediately east of the subject lands is the proposed Highway 401 Road Crossing (Notion Road to Squires Beach). An Environmental Assessment completed in 2019 identified the need for this crossing to improve north-south neighbourhood connectivity and transportation capacity.  The applicant has agreed to convey 0.17 hectares to facilitate the future road connection, as a condition of a future application for Draft Plan of Subdivision or Site Plan Approval for the first phase of development.  The proposal also supports potential redevelopment of lands to the northwest (Canadian Tire site) by aligning future road connections and providing opportunities to connect to the proposed public park, generally consistent with OPA 38. The proposed phased, mixed-use, high-density residential development represents appropriate intensification within the built-up area. The site’s location adjacent to Highway 401 and Brock Road, a designated transit corridor, makes it well-suited to accommodate increased density. The proposed maximum FSI of 4.0 satisfies the criteria of OPA 38, as outlined above. The proposed development efficiently utilizes existing and planned municipal infrastructure, supports transit use and active transportation, and contributes to the creation of a complete, livable community. The proposal introduces a compact built form on underutilized lands within a designated mixed-use corridor and contributes toward achieving the City’s intensification goals. Accordingly, staff recommend that Council approve the Official Plan Amendment application, and adopt Amendment 56, as set out in the Draft By-law, Attachment 1. 8.4 The proposal maintains the key urban design objectives of the Council-endorsed Urban Design Guidelines for the Kingston Road Corridor and Specialty Retailing Node On December 16, 2019, Council approved the Kingston Road Corridor and Specialty Retailing Node Urban Design Guidelines (Design Guidelines). The Design Guidelines support the goals, objectives, and vision outlined in the Intensification Plan, and establish design priorities and principles for built form, placemaking, and connectivity. - 79 - PLN 07-26 April 7, 2026 Page 16 The proposed phased, high-density, mixed-use development advances the key urban design objectives of the Guidelines as follows:  provides clearly defined primary entrances oriented towards Brock Road and Pickering Parkway;  incorporates connected outdoor amenity areas and pedestrian pathways within the site and provides linkages to the surrounding area, supporting walkability;  creates pedestrian-oriented frontages along Brock Road and Pickering Parkway through podium elements and grade-related commercial uses;  includes a central park fronting onto a new public road (Street A), providing accessible open space for the neighbourhood and the broader community;  limits tower floor plates to a maximum of 850 square metres and provides a minimum tower separation of 25.0 metres to promote appropriate light access, privacy and sky views;  ensures building heights provide an appropriate transition to the existing residential development to the north and east;  sets buildings back a minimum of 5.0 metres from the front property lines along Brock Road and Pickering Parkway, and a minimum of 3.0 metres along the proposed new public road;  provides podiums with a maximum height of 6 storeys to establish a consistent pedestrian- scaled street wall along Brock Road, Pickering Parkway, and internal streets; and,  locates site access, surface parking, loading area, and underground parking entrances internal to the site, and behind, or to the side, of proposed buildings to minimize their visual impact on Brock Road and Pickering Parkway. Staff are satisfied that the proposal is consistent with the overall intent of the Council-approved Urban Design Guidelines. Throughout the Site Plan review process, staff will continue to ensure that the detailed site design and architectural treatment of the proposed buildings remain consistent with the Guidelines. 8.5 The proposal has been redesigned to reduce proposed building heights, and provide an appropriate transition in built form from the adjacent residential areas Comments were received regarding the proposed building heights and massing. Staff also identified concerns related to the transition between the proposed development and the abutting medium-density housing to the northeast (Metropia) and the low-density residential development north of Pickering Parkway. In response to these concerns, the applicant revised the proposal to reduce building heights and improve separation from the abutting Metropia development. In particular, the height of the building in Block 7, located immediately south of the existing residential townhouse units, has been reduced from 20 storeys to 12 storeys. An 18.5 metre wide private road and amenity area now separates the buildings in Blocks 5 and 7 from the adjacent residential properties. In addition, the buildings have been stepped back along the north façades to reduce their visual impact at street level and improve compatibility with the surrounding neighbourhood. Further, the buildings in Block 5 have also been tiered to provide a more gradual transition to the Metropia development. - 80 - PLN 07-26 April 7, 2026 Page 17 Block 6, located immediately west of the Metropia development and south of Pickering Parkway, has also been revised to increase separation. This separation now includes a 20- metre-wide municipal right-of-way and an outdoor amenity space. Staff worked collaboratively with the applicant to further refine tower heights along Pickering Parkway, reducing select towers from 34 storeys to 28 and 22 storeys. To further ensure an appropriate transition to the adjacent Metropia development, the proposed buildings have been designed to fit within a 45-degree angular plane. An angular plane is a common planning tool used to limit building heights near existing low-rise or mid-rise housing, reducing overlook and shadowing impacts. The requirements for angular plane provisions have been included in the Zoning By-law. Overall, the revised building height, increased separation distances, and the inclusion of an angular plane requirement will minimize potential impacts on residents of the Metropia development and the existing residents north of Pickering Parkway, including concerns related to overlook, privacy and shadowing. 8.6 The revised Conceptual Master Plan will have minimal shadow impacts The Draft Urban Design Guidelines specify that shadow impacts of new buildings on nearby residential lands must be assessed through a Shadow Impact Study, and that shadowing be minimized to the greatest extent possible during the spring, summer, and fall seasons. Best practice for assessing shadow impacts is to ensure shadows do not exceed two hours in duration on outdoor amenity areas during spring, summer, and fall. During the winter solstice, shadows are typically cast farther and last longer, as the sun is lower in the sky and moves more slowly. A revised Shadow Study was submitted in February 2026 to support the revised Conceptual Master Plan. The study evaluates the impacts of shadows on public park spaces and surrounding properties during spring (March 21), summer (June 21), and fall (September 21), between 9:18 am and 6:18 pm. In collaboration with City staff, the applicant refined the distribution and heights of the proposed towers to maximize sunlight exposure, particularly on the proposed public park, and adjacent medium and low-density residential development to the northeast of the subject lands. The updated sun-shadow analysis indicates:  Spring (March 21): Some early-morning shadows, primarily before noon, with no significant afternoon impact, with suitable sunlight exposure during the early afternoon and around 5 pm. The public park will receive approximately three hours of unobstructed sunlight. The adjacent residential development to the east and north will receive more than six hours of unobstructed sunlight.  Summer (June 21): Minimal shadowing on the public park, with approximately seven hours of full sunlight. The adjacent residential development to the east and north will receive more than six hours of unobstructed sunlight. - 81 - PLN 07-26 April 7, 2026 Page 18  Fall (September 21): Morning shadowing is similar to spring conditions, with approximately three hours of unobstructed sunlight after noon. Minimal shadow impacts are anticipated on the adjacent residential development to the east and north during the day, providing five hours of unobstructed sunlight. In all seasons, afternoon sun access exceeds the best-practice amount of two hours per day, supporting usability and comfort within the public park area, and ensuring the existing adjacent residential developments receive adequate unobstructed sunlight. Overall, the revised Conceptual Master Plan appropriately mitigates shadow impacts on the proposed parks and existing residential developments. 8.7 A Traffic Impact Study has been submitted for the revised Conceptual Master Plan In support of the revised Conceptual Master Plan, the applicant has submitted a Transportation Impact Study (TIS), prepared by R.V. Anderson Associates Limited (“R.V. Anderson”), dated July 4, 2022, and revised versions on April 9, 2024, and January 20, 2025. A Traffic Impact Study addendum was also submitted on August 29, 2025. The TIS assessed the transportation impacts of the revised Conceptual Master Plan within the defined study area. The defined study area intersections considered for the traffic impact analysis included:  Brock Road at Kingston Road  Brock Road at Pickering Parkway  Brock Road at existing right-in/right-out access  Brock Road at the Highway 401 Westbound Ramp Terminal  Brock Road at the Highway 401 Eastbound Ramp Terminal  Kingston Road at Notion Road  Notion Road at Pickering Parkway  Pickering Parkway at the Canadian Tire/Walmart Site Access  Pickering Parkway at proposed site access In accordance with the Region of Durham’s Terms of Reference, the TIS evaluated traffic conditions based on the phased build-out. The analysis confirms that several signalized intersections, including Brock Road and Kingston Road, Brock Road and Pickering Parkway, and the Highway 401 ramps, are forecast to continue experiencing delays. However, these conditions reflect existing capacity constraints rather than impacts attributed solely to the proposed development. The proposed intersection of Pickering Parkway and Street ‘A’, a new 20-metre north-south public road connecting to Pickering Parkway, is expected to operate efficiently with the installation of a new traffic signal. This intersection will:  serve as the primary signalized access to the development from Pickering Parkway;  provide additional capacity and greater spacing from the existing signalization at the Canadian Tire/Smart Centre access; and, - 82 - PLN 07-26 April 7, 2026 Page 19  comply with the Transportation Association of Canada’s (TAC) guidelines. The proposed right-in/right-out access at Brock Road and Street “A” is also expected to function effectively. All proposed internal roadway intersections associated with Phases 1 through 7 are projected to operate without critical delays. The proposal provides modifications to the access at Brock Road and Street “A” to accommodate the proposed east-west public road, which will provide access to Phase 1. As part of the modification, a 70-metre northbound right-turn lane will be implemented along Brock Road, and signage will be installed to guide right-turning vehicles. The proposed modifications to the right-in/right-out access at Brock Road and Street ‘A’ will ensure safe operations, with no anticipated queuing. The Region of Durham concurs with the TIS's overall findings. However, the Region notes that the surrounding road network currently experiences capacity constraints, with limited opportunities to expand within the existing rights-of-way to alleviate traffic congestion. To manage these constraints, the Region recommends:  maintaining free-flow conditions from Brock Road to Street “A” (i.e., no stop control on Street “A”);  considering a raised centre median on Pickering Parkway to restrict turning movements and reinforce right-in/right-out access at the westernmost Pickering Parkway access;  reducing driveway conflict points where possible; and,  restricting truck access to only Pickering Parkway, with signage prohibiting truck access from Brock Road. With each phase of development, the applicant will be required to submit an updated TIS to reevaluate the impacts on the existing intersections, the 401 ramps, and the new intersections within the development, and to implement any required mitigation measures. These matters will be reviewed further during detailed design and future Site Plan applications. Staff will continue to work with the applicant to ensure that all relevant measures are incorporated into the final site plan drawings and secured through the required site plan agreements. 8.8 Adequate parking supply will be provided for residents, visitors, and retail uses Concerns were raised regarding whether the number of proposed parking spaces for residents, visitors, and both existing and future commercial uses would be sufficient to support the revised Conceptual Master Plan. In response to concerns raised by staff and the public, the applicant revised the proposal to include specific parking ratios for non-residential uses permitted on the site. These ratios range from 2.5 to 5.0 spaces per 100 square metres of gross leasable floor area, depending on the commercial use. Establishing parking rates for these uses will help ensure an adequate supply of parking to support the proposed commercial, office, and retail uses within this development. - 83 - PLN 07-26 April 7, 2026 Page 20 Parking for the development is proposed primarily within five levels of underground parking, which will accommodate residential, visitor, and non-residential uses. Limited at-grade parking is also proposed to accommodate accessible parking spaces, short-term commercial parking, and on-street parking for park users. The table below summarizes the proposed parking supply for residential, visitor, and non- residential uses. Type Units/Area Proposed Parking Rate Number of Spaces 0.80 spaces per dwelling unit 4,087 Residential Apartment 5,109 0.15 spaces per dwelling unit (visitor) 766 Retail/Commercial/ Office 23,802 square metres 2.5 to 5.0 spaces per 100 square metres of commercial/retail use gross floor area (please refer to Attachment 2 - Zoning By-law Section 5.(4) for further details) 668 Total 5,521 To support the proposed parking ratios, the applicant submitted a Vehicle and Bicycle Space Parking Review. This review examined parking rates in comparable municipalities across the Greater Toronto Area, including the City’s Consolidated Zoning By-law and recently approved developments within the City Centre and along Brock Road. The review recommended using a shared parking formula, a visitor and commercial parking demand typically occurs at different times of day. The review concluded that the proposed parking rates are sufficient to support the development. The proposed parking ratios generally align with those in the City Centre within the City’s consolidated Zoning By-law 8149/24, as well as recent rezoning approvals for the SmartCentre redevelopment at the northeast corner of Brock Road and Pickering Parkway, and the lands at the northwest corner of Brock Road and Kingston Road. As mentioned earlier, for each development phase, a revised TIS or addendum will be required, including a parking assessment that monitors and reevaluates parking demand across phases to determine appropriate parking supply for future stages. Staff support the proposed parking ratios and believe sufficient parking spaces will be provided to accommodate this development. 8.9 The Master Plan protects for a future urban podium school - 84 - PLN 07-26 April 7, 2026 Page 21 The Durham District School Board (DDSB) has reviewed the proposed Conceptual Master Plan and has advised that, based on the proposed total unit, the student yield from this development would generate 1,022 elementary pupils and 1,022 secondary pupils. DDSB also stated that, as part of the larger development in this area, a school site would be necessary. Typically, school boards must obtain approval and funding from the Ministry of Education before establishing a new school, and this generally occurs once existing schools within the catchment area reach full capacity. The need for a school site is based on the development's maximum build-out. As such, the exact timing and phase of development at which a school site may be required remain uncertain. To address this, the Zoning By-law Amendment incorporates an “H” Holding Symbol. This would allow Phase 1 development to proceed. The Holding Symbol would remain on the balance of the lands and would be lifted only after the applicant submits a Community and Service Facilities Study evaluating the need for a new school site. The DDSB has advised that Phase 1 would have minimal impact on school accommodation needs and supports applying the Holding Symbol to the remaining lands. The DDSB will review the Community and Services Facility Study as development phases proceed and, together with the City, must be satisfied with its findings before the Holding Symbol is removed. In addition, the Official Plan Amendment includes policies stating that if the DDSB, or a successor, determines that a school site is required on the subject lands, it will be accommodated as an urban school integrated within the podium of a high-rise building. The policies also address appropriate locational consideration, such as proximity to a municipal park and a public street. Appropriate conditions of approval for the future development application, such as Draft Plan of Subdivision, Site Plan, Land Severance, or a Draft Plan of Condominium, would require the land to be conveyed to the DDSB if an urban school is required. City staff and the DDSB are satisfied that the combination of the Official Plan Amendment policies and the Holding Symbol within the implementing Zoning By-law Amendment will adequately protect for a potential future public urban school should the need be confirmed as development proceeds. 8.10 Sufficient parkland is proposed The original master plan illustrated a central public park situated between two public streets. The park was approximately 0.97 hectares, representing 10% of the subject lands. However, the proposed park was encumbered by a below-grade sanitary sewer, resulting in a required 12-metre-wide easement in favour of the Region of Durham, which would have limited the types of structures and park features that could be developed in a portion of the park (see the Original Conceptual Master Plan, Attachment 5). The revised Conceptual Master Plan increases the size of the central public park by removing a segment of the originally proposed east-west public road. As a result, the proposed park has increased to 1.34 hectares, representing 14.5% of the subject lands. In addition, the parkland - 85 - PLN 07-26 April 7, 2026 Page 22 to be conveyed to the City will be free of below-grade services, allowing the City greater flexibility in designing and constructing a range of park features and amenities. The revised Conceptual Master Plan also includes an 834 square-metre privately owned, publicly accessible park space (POPS) in Phase 1. This space is intended to function as an outdoor amenity area for Phase 1 residents, while remaining accessible to the public. The applicant will be required to grant an easement in favour of the City to ensure public access to the POPS, and to allow the space to contribute toward the City’s Parkland dedication requirements. Combined, the central public park space and the POPS represent 15% of the subject lands, meeting the requirements of the Planning Act and the City’s Parkland By-law 8142/24. While the amount of POPS space within each phase has been reduced from the original proposal, this has been balanced by the provision of a larger, unencumbered central public park, and adequate private indoor and outdoor amenity areas within each phase of development, which will be discussed further in Section 8.11. The central public park is proposed to be conveyed to the City through Phases 2 and 4. To help ensure the timely delivery of the park, the implementing Zoning By-law Amendment includes an “H” Holding Symbol on Phase 1 lands. The Holding Symbol can only be removed once the applicant and the City enter into a Master Parkland Agreement addressing the design, construction, and conveyance of the public central park to the City. 8.11 Sufficient outdoor open space and indoor amenity areas are provided The Zoning By-law Amendment also establishes minimum requirements for indoor and outdoor amenity areas for each building. Each building will be required to provide a minimum of 2 square metres per unit of indoor amenity area and a minimum of 2 square metres per unit of outdoor amenity area. Within the Phase 1 buildings, approximately 1,628 square metres of private indoor amenity space and about 2,295 square metres of private outdoor amenity space are proposed. The outdoor amenity includes areas on the podium’s roof, two landscaped areas at-grade located to the northeast and south of the building, and private balconies. As mentioned earlier, Phase 1 also includes an 834 square-metre POPS. Indoor amenity areas are proposed on the 6th and 7th floors and are connected by an outdoor amenity area on the podium's roof. The detailed design and programming of these private amenity areas will be finalized through the site plan review process. However, the applicant has indicated that the outdoor amenity areas in Phase 1 are intended to include a pet relief area and an urban style parkette. Overall, the revised Conceptual Master Plan provides adequate public parkland to serve future residents, visitors and the surrounding community, consistent with the Planning Act and the City’s Parkland By-law. The proposal also provides sufficient private indoor and outdoor amenity areas for future residents. - 86 - PLN 07-26 April 7, 2026 Page 23 8.12 Adequate sanitary servicing capacity To demonstrate that sufficient sanitary servicing capacity is available for the entire lands, the applicant submitted a Master Servicing and Stormwater Management Report, dated April 13, 2022, revised on April 10, 2024, January 29, 2025, and October 2025, prepared by Odan Detech Consulting Engineers. These reports have been reviewed by the Region of Durham Works Department. While the Region acknowledges that the submitted studies indicate availability, there may only be available capacity to support Phase 1 of the development. The Region allocates capacity on a first-come, first-served basis at the time a development agreement is executed. To ensure adequate servicing capacity is available, the Region of Durham has requested that an “H” Holding Symbol be placed on the entire site, including Phase 1. Through each phase of development, the Region will require the applicant to demonstrate that sufficient sanitary service capacity is available to support that phase. As part of the Site Plan Approval process for Phase 1, the applicant must submit detailed servicing studies and drawings that demonstrate how the Phase 1 lands will be serviced and confirm that the existing sanitary sewer system has the capacity to support the proposal. The applicant must enter into a Regional Servicing Agreement before the Holding Symbol can be lifted for each phase of development. 8.13 Retail space is proposed at grade, and a Tenant Relocation Strategy is established to retain existing tenants within the development The subject lands currently contain several single-storey, stand-alone, and multi-tenant commercial buildings with a total gross floor area of 23,802 square metres. These buildings accommodate a range of retail, commercial, personal service, and restaurant uses. Current tenants include, but are not limited to, Kitchen Stuff Plus, Dollar Tree, Fabricland, Sabina’s Casual Dining & Pub, Goodlife Fitness, and Blue Sky Supermarket. The proposed development includes residential, retail, and commercial uses, with retail and commercial spaces located at-grade level to support active, pedestrian-friendly frontages. All phases, except Phase 7, will include retail and commercial spaces at-grade level. In total, 5,370 square metres of retail and commercial floor area is proposed across the development, including 1,400 square metres within Phase 1. The applicant has advised that the site will be redeveloped in phases to support the ongoing retail functions and to gradually replace the current commercial building. As part of this approach, the applicant has indicated that existing tenants will be given opportunities, where feasible, to relocate within the site during redevelopment and to return as tenants in the future redevelopment. The applicant has also indicated that the intent is to accommodate a range of retail and commercial uses that will serve both future residents and the surrounding community. Staff will - 87 - PLN 07-26 April 7, 2026 Page 24 continue to work with the applicant through future site plan review processes to identify opportunities to further support retail and commercial uses within the development. 8.14 The Applicant will provide office space within their landholdings The policies contained within the Brock Precinct encourage office uses, particularly major office uses. The subject lands have multiple land-use designations, with the westernmost portion designated as “Mixed Use Type A”. This designation encourages office uses, particularly at major intersections. City staff have held discussions with the applicant to explore opportunities to accommodate office space within the proposed redevelopment. As a result of these discussions, the revised Conceptual Master Plan has been revised to include office space. The proposal now includes an office building at the northwest corner of Pickering Parkway and the new public right-of-way within Phase 6, providing approximately 18,432 square metres of office floor area. This area is in addition to the minimum of 5,370 square metres of retail-commercial space to be provided at grade. The proposed office space will contribute to a more balanced mixed-use community by providing employment opportunities close to where people live, supporting live-work-play opportunities, and potentially reducing commute times for future residents. Staff are satisfied that the proposed minimum office area requirement, as implemented in the zoning by-law, is appropriate for the Mixed-Use Type A designation. The location at a major intersection will help support local services with minimal adverse impacts on the surrounding area while contributing to the City’s long-term economic development objectives through a balanced mix of housing and employment opportunities. 8.15 The Applicant is committed to providing affordable housing units The Pickering Official Plan encourages Council to support a wide range of housing options in terms of form, location, size, and cost throughout the City, so that the housing needs of current and future residents can be met as those needs change. In January 2022, Council approved the Pickering Housing Strategy & Action Plan 2021-2031, which aims to address housing shortages and provide more housing options to accommodate changing demographic conditions. The study identified several key housing gaps within the City, including:  a limited amount of affordable housing, especially for households with low incomes; and,  a shortage of affordable homeownership options, with only the highest income earners able to afford a resale home of any kind in Pickering. City staff worked with the applicant to ensure the City’s goal of offering a diverse range of housing types was met. As a result of these ongoing discussions, the City received an Affordable Housing Commitment Letter from the Owner dated February 13, 2026, which states: - 88 - PLN 07-26 April 7, 2026 Page 25  For the first phase of development, the applicant has committed to providing 10 dwelling units as affordable, as defined by the Provincial Planning Statement, 2024, to be secured at an affordable sale or rental price.  In all future phases, the Owner has committed to 1.75% of all dwelling units being affordable, as defined by the Provincial Planning Statement, 2024. In the context of the proposed development, this would provide 10 affordable housing units in the first phase and, based on the proposed unit counts, up to 78 in the remaining phases, for a total of 88 affordable housing units. Furthermore, the applicant has committed to providing a unit mix consisting of 35% 2-bedroom units and 15% 3-bedroom units, including dens, to accommodate larger families throughout the phases of development, which equates to approximately 1,788 2-bedroom units and 766 3- bedroom units. The proposed development will help increase the availability of affordable housing and ensure sufficient family-sized units, supporting a wider range of housing types in form, size, and cost to meet the needs of current and future residents. 8.16 The proposed residential development has no land use compatibility issues related to noise, dust, and odour with surrounding land uses In support of the residential development, the applicant submitted a Traffic and Land Use Compatibility Study (Noise) for the Proposed Residential Development, prepared by HGC Engineering, dated March 4, 2024. The report examined potential land-use compatibility to ensure compliance with the Ministry of the Environment, Conservation and Parks (MECP) D- Series Guidelines, from the existing industrial uses to the east within the Town of Ajax. A detailed assessment of potential noise impacts from surrounding uses was completed. The assessment considered nearby industrial and commercial operations, including Walmart Super Store, Mr. Lube, Strada Aggregates, G.I.P Paving Inc., and Renewable Storage & GFL Waste Facility. The study identified several recommendations to address potential noise impacts:  central air conditioning systems will be required for the proposed residential buildings;  once detailed floor plans and building envelopes are available for each development block, further review will be required to determine appropriate glazing and building façade construction based on the size of the window openings;  appropriate warning clauses should be included in offers of purchase and sale, property agreements, and tenancy agreements to inform future owners and residents about nearby roadways, railways and surrounding activities that may generate noise;  outdoor amenity areas should be located on the north side of buildings, where possible; and,  windows for noise-sensitive spaces should not be provided where applicable Ministry of the Environment, Conservation and Parks noise criteria cannot be satisfied. - 89 - PLN 07-26 April 7, 2026 Page 26 The residential buildings in the proposed development closest to industrial uses will be located significantly farther from these surrounding industrial uses than existing homes along Pickering Parkway, Marshcourt Drive and Ashford Drive. The revised Conceptual Master Plan shows the closest building to be within Phase 7, located approximately 205 metres east of the existing asphalt plant (Strada Aggregates). This separation distance will help reduce potential odour impacts and allow for the dispersion and dilution of any dust, odour, and other air-quality contaminants emitted by industrial facilities. The Region of Durham has reviewed the Land Use Compatibility Study and agrees with the recommendations. The Region has also advised the City to ensure that additional noise studies are completed for each phase of development as more technical details and information become available. The recommended mitigation measures will be further reviewed and confirmed through the detailed review of each phase of development. 8.17 The proposal will not impact the preferred design concept of the Notion Road Overpass In October 2019, the City completed an Environmental Assessment (EA) for a new Highway 401 crossing, connecting Notion Road and Squires Beach Road. The purpose of this transportation infrastructure project is to improve road connectivity, increase capacity, provide active transportation facilities, support future growth in the City, and reduce pressure on the existing and planned road network. Through the EA process, a preferred design concept was identified. The preferred design includes a bridge crossing over Highway 401 with a sidewalk and multi-use path. To accommodate this crossing, realignments of Notion Road and Pickering Parkway are proposed adjacent to the subject lands. An “H” Holding Symbol has been applied to the lands. One of the conditions for removing the Holding Symbol requires the Owner to convey approximately 0.17 hectares of land to the City for the construction of the Highway 401 crossing. The land conveyance must occur prior to the subdivision registration or the issuance of Site Plan Approval for Phase 1. 8.18 Technical matters will be addressed through Site Plan Approval Detailed design matters will be handled through the site plan approval process. These requirements will cover issues such as, but not limited to:  Architectural Treatment  Drainage and grading  Site servicing  Bird-friendly design  Parkland  Design of public streets  Requirements for a Construction Management Plan - 90 - PLN 07-26 April 7, 2026 Page 27  Noise Study  Vibration during demolition and construction  Landscaping  Resident, visitor and accessible parking spaces  Waste management collection  Location of hydro transformers, gas metres and other utilities 9.0 Conclusion: The revised Conceptual Master Plan represents a carefully planned intensification of an underused commercial plaza within the established Urban Area. It aligns with the Provincial Planning Statement, the Durham Regional Official Plan, and conforms with the intent and objectives of the Pickering Official Plan. The plan also supports the City’s Housing Strategy by providing affordable housing, a greater number of larger dwelling units suitable for families, and community amenities that contribute to a complete community, including adequate public park space. To support a more balanced community, a minimum amount of office space is also proposed. Overall, the revised Conceptual Master Plan advances provincial and municipal goals related to housing supply, efficient land use, adequate municipal infrastructure, and employment opportunities. The proposal also supports a more diverse housing mix and aligns with the policy objectives of increasing density in areas approved by Official Plan Amendment 38. The built form has been revised to provide an appropriate transition to nearby residential areas through reduced building heights, tower stepbacks, and the use of a 45-degree angular plane. The submitted Shadow Study demonstrates that the development will have minimal shadow impacts on the public park and surrounding residential properties. In addition, the implementing zoning By-law includes appropriate holding provisions to address servicing requirements, secure land to support the future Notion Road overpass, implement a Master Parkland Agreement, provide environmental easements in favour of CN and require the completion of a Community and Facilities Study to assess the potential need for a future urban school site. For these reasons, staff support the proposed Official Plan Amendment and recommend that the By-law adopt Amendment 56, as outlined in Attachment 1 to this report, be finalized and forwarded to Council for adoption. Staff also support the site-specific Zoning By-law Amendment and recommend that the implementing zoning By-law, as set out in Attachment 2 to this report, be finalized and forwarded to Council for enactment. 10.0 Applicant’s Comments: The applicant has been advised of, and concurs with, the recommendations of this report. - 91 - PLN 07-26 April 7, 2026 Page 28 Attachments: 1. Draft By-law to Adopt Amendment 56 to the Pickering Official Plan 2. Recommended Zoning By-law Amendment for Zoning By-law Amendment Application A 05/22 3. Location Map 4. Air Photo Map 5. Original Conceptual Master Plan (2022) 6. Revised Conceptual Master Plan (2026) 7. Rendering Plan View looking west 8. Rendering Plan View looking south 9. Massing View from Highway 401 looking north-east 10. Massing View from Notion Road looking south-west 11. Massing View from Brock Road looking east Prepared By: Amanda Zara Dunn, MCIP, RPP, Principal Planner, Development Review Prepared By: Nilesh Surti, MCIP, RPP, Division Head, Development Review & Urban Design Approved/Endorsed By: Catherine Rose, MCIP, RPP, Chief Planner, City Development Approved/Endorsed By: Kyle Bentley, P. Eng., Director, City Development & CBO AD:ld Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer - 92 - Attachment 1 to Report PLN 07-26 The Corporation of the City of Pickering By-law No. XXXX/26 Being a By-law to adopt Amendment 56 to the Official Plan for the City of Pickering (OPA 22-002P) 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; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That Amendment 56 to the Official Plan for the City of Pickering, attached hereto as Exhibit “A”, is hereby adopted; and 2.That this By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this XXth day of XXXX, 2026. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 93 - Exhibit “A” to By-law XXXX/26 Recommended Amendment 56 to the City of Pickering Official Plan - 94 - Recommended Amendment 56 to the Pickering Official Plan Purpose: The purpose of this amendment is to facilitate the long-term redevelopment of an existing retail-commercial plaza, The Shops at Pickering Ridge, containing multiple single-storey commercial buildings located south of Pickering Parkway, east of Brock Road, and north of Highway 401, into a phased, high- density, mixed-use development. The amendment revises policies that will permit building heights of up to 36 storeys, and provide for a future urban podium school site. Further, the amendment repeals and replaces Schedule XIV, Sheet 4 of 4 revising the future road network, and identifying the location of a proposed controlled intersection, the expanded public park and privately-owned public spaces. Location: The site-specific amendment affects the lands located south of Pickering Parkway, east of Brock Road, and north of Highway 401, described as Part of Lots 17 and 18, Concession 1, Now Parts 1 to 6, 40R-11780, Part 13, 40R-15636, Parts 1 to 3 and 5 to 11, 40R-20443, and Part 3, 40R-31322, in the City of Pickering. Basis: Through the review of Official Plan Amendment Application OPA 22-002P and Zoning By-law Amendment Application A 05/22, City Council determined that the proposed amendments will facilitate a high-density, mixed-use development that represents appropriate intensification within the built-up area, makes efficient use of existing and planned infrastructure and services, and supports redevelopment in an area intended for higher densities. The subject lands are located along Brock Road, which is identified as a Type “A” Arterial Road and Transit Spine in the Pickering Official Plan. These corridors are intended to accommodate higher-density, mixed-use development and are supported by a higher level of transit service. This Official Plan Amendment will be implemented through a site-specific zoning by-law amendment that permits a broad range of residential, commercial, and office uses, and introduces zoning provisions, including but not limited to those related to floor space index, building heights, building setbacks and stepbacks, tower floor plate size, active at grade frontages, and parking. The proposed development permits a range of building height from 12 storeys to a maximum of 36 storeys. The built form has been appropriately located to provide appropriate transition and compatibility with existing low to medium- density residential development and planned high-density development to the north. The maximum building heights are concentrated near Highway 401 and Brock Road, with heights stepping down towards existing residential areas to ensure an appropriate scale and transition. This amendment also implements a revised street network that is generally consistent with Official Plan Amendment 38, ensuring appropriate connectivity, a range of mobility options, and the orderly and coordinated development of the subject lands and adjacent lands to the north and east. - 95 - Overall, the proposed phased, mixed-use, high-density residential development will contribute to a complete community by integrating residential, commercial and institutional uses in a compact, pedestrian-oriented, and transit supportive built form. Its design promotes active transportation, efficient use of municipal infrastructure, and connectivity within the site and to surrounding areas, supporting both walkability and transit use while reinforcing the corridor’s role as a higher-density, mixed use area. Accordingly, the proposed Official Plan Amendment is consistent with the policies of the Provincial Planning Statement (2024) and Regional Official Plan and conforms to the intent and objectives of the Pickering Official Plan and Official Plan Amendment 38. Actual Amendment: The City of Pickering Official Plan is hereby amended by: 1. Repealing and replacing Schedule XIV: Kingston Mixed Corridor and Brock Mixed Node Intensification Areas, Sheet 4 of 4 - Brock Precinct Intensification Area, to amend the location of the Future Public Street, Public Park, and Privately Owned Public Space, and add a new Proposed Controlled Intersection, as illustrated on Schedule ‘A’ attached to this amendment. 2. Revising Section 11A.6, regarding the Brock Precinct, by adding sub -sections (l) and (m) to read as follows: “(l) if the Durham District School Board, or a successor or counterpart, determines there is a need to develop a school on the lands located south of Pickering Parkway east of Brock Road, and north of Highway 401, described as Part of Lots 17 and 18, Concession 1, Now Parts 1 to 6, 40R-11780, Part 13, 40R-15636, Parts 1 to 3 and 5 to 11, 40R-20443, and Part 3, 40R-31322, an urban school will be integrated into the podium of a high-rise development, subject to the following additional policies: (i) the location of a potential urban school should be adjacent to municipal parkland and a public street; and (ii) the obligation to convey land for an urban school will be secured through an appropriate condition of approval of a plan of subdivision, land severance, or condition of approval of a plan of condominium. (m) notwithstanding Section 11A.10.1(a) permit high-rise building, consisting of building 12 storeys to a maximum of 36 storeys in height on the lands located south of Pickering Parkway, east of Brock Road, and north of Highway 401, described as Part of Lots 17 and 18, Concession 1, Now Parts 1 to 6, 40R-11780, Part 13, 40R-15636, Parts 1 to 3 and 5 to 11, 40R-20443, and Part 3, 40R-31322.” - 96 - Implementation: The provisions set forth in the City of Pickering Official Plan, as amend ed, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. OPA 22-002P A 05/22 Pickering Ridge Lands Inc. - 97 - - 98 - Attachment 2 to Report PLN 07-26 The Corporation of the City of Pickering By-law No. XXXX/26 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 Lots 17 and 18, Concession 1, Now Parts 1 to 6, 40R-11780, Part 13, 40R-15636, Parts 1 to 3 and 5 to 11, 40R-20443, and Part 3, 40R-31322 (A 05/22) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a multi-phased, high-density, mixed-use development consisting of thirteen residential towers, a new public park, commercial and office space, and a new public and private road network on the lands being Part of Lots 17 and 18, Concession 1, Now Parts 1 to 6, 40R-11780, Part 13, 40R-15636, Parts 1 to 3 and 5 to 11, 40R-20443, and Part 3, 40R-31322, in the City of Pickering; And whereas an amendment to Zoning By-law 3036, as amended by By-laws 6549/05, 7176/11, and 8036/23, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedules I, II, III, IV, V, and VI Schedules I, II, III, IV, V, and VI to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. 2.Area Restricted The provisions of this By-law shall apply to those lands being Part of Lots 17 and 18, Concession 1, Now Parts 1 to 6, 40R-11780, Part 13, 40R-15636, Parts 1 to 3 and 5 to 11, 40R-20443, and Part 3, 40R-31322, in the City of Pickering, designated “MU-35” and “OS-P” on Schedule I to this By-law. 3.General Provisions 1.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. 2.Frontage on a Street i)Notwithstanding any other provision in this By-law, no person shall be permitted to erect any building or structure on any lot in any zone unless the lot has frontage on a street. ii)Where a building is developed abutting a private street, such private street shall be deemed to be a street for purposes of applying provisions 3.2 i) above. - 99 - By-law No. XXXX/26 Page 2 3. Where a lot abuts a daylight triangle, the setback provisions shall be measured as if the daylight triangle did not exist, provided all buildings are setback 0.6 metres from the daylight triangle, with the exception of window wills, belt courses, cornices, eaves, and eave troughs, which may project to within 0.3 metres of the daylight triangle. 4. Zone/Block Boundaries i) If the zone boundary as shown on Schedule I: a) is following a street, private street, lane, right-of-way for a future roadway, railway right of way, electric transmission line right of way or watercourse, then the centreline of the street, lane, right-of-way for a future roadway, railway right-of-way, electric transmission line right of way, municipal boundary or watercourse is the boundary; or b) is substantially following the lot lines shown on a registered plan of subdivision, then the lot lines are the boundary; or c) does not meet the above scenarios, then the zone boundary shall be scaled from the zoning maps on Schedule I. 4. Definitions In this By-law, (1) Accessory: means a use, building or structure naturally or normally incidental to, subordinate to or exclusively devoted to a principal use or building or structure and located on the same lot as the principal use, building, or structure. (2) Active at Grade Frontage: means the ground floor of a building facing a street line, with transparent glazing and accessed from the street through a primary entrance door for uses such as restaurants, food and retail stores, and/or community uses, garage doors, services doors and loading doors are not permitted along the street line of an active at grade frontage. (3) Air Conditioner: means any mechanical equipment installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. (4) Aisle: means an internal vehicle route immediately adjacent to a parking space or loading space which provides vehicular access to and from the parking space or loading space and is not a driveway. (5) Amenity Area: means the passive or active recreational area provided on a lot for the personal, shared or communal use of the residents of associated dwelling units, and includes balconies, patios, rooftop gardens and other similar features, but does not include indoor laundry or locker facilities. Amenity area includes common outdoor amenity area. - 100 - By-law No. XXXX/26 Page 3 (6) Amenity Area, Common Outdoor: means an amenity area which is provided outdoors and available for the shared or communal use of all residents of any associated dwelling units. (7) Angular Plane: means an imaginary flat surface projecting over a lot, at an inclined angle measured up from the horizontal. (8) Animal Care Establishment: means a building, structure or part thereof, where dogs and cats and other domesticated animals, including livestock, are groomed and/or kept for a fee on a daily basis, excluding overnight boarding and outdoor facilities. (9) Art Gallery/Studio: means premises used for the creation, exhibition, collection and/or preservation of works of art for public viewing and sale and may include educational classes. (10) Balcony: means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. (11) Bay Window: means a window with at least three panels set at different angles to create a projection from the outer wall of a building, and includes a bow window. (12) Bed and Breakfast: means the provision of lodging with or without meals for the travelling public within a detached dwelling. A bed and breakfast shall not include a short-term rental. (13) Block: means all land fronting on one (1) side of a street between the nearest streets, intersecting, meeting or crossing said street. (14) Building: means a structure occupying an area of at least 10.0 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (15) Car Share Service: means a service that provides motor vehicles solely for the shared use of members of that service, and does not include an automobile rental establishment or automobile dealership. (16) Club: means a building or part of a building used for a social, cultural, athletic or recreational club, fraternal organization or community or educational uses. (17) Commercial Fitness/Recreational Centre: means a commercial establishment that has been designed for conduct of sport, athletic and leisure activities such as squash courts, swimming pools, exercise classes and other similar indoor recreational facilities are provided and operated for gain or profit, but does not include an adult entertainment establishment, a casino or place of amusement. (18) Commercial Use: means any use the primary purpose of which is to sell, lease or rent a product or service directly to the public, including but not limited to retail sales, entertainment services and personal or professional services, but shall - 101 - By-law No. XXXX/26 Page 4 exclude residential uses, an adult entertainment establishment and dating/escort service. (19) Commercial Vehicle: means a motor vehicle used for commercial purposes, and shall include ambulances, hearses, motor buses, and fire apparatus. (20) Community Centre: means a multi-purpose facility that offers a variety of programs or a recreational, cultural, day care, social, community service, informational or instructional in nature. (21) Community Garden: means a communal garden provided for the sole use of the public to produce flowers, herbs, fruits or vegetables and activities associated with gardening, but does not include any processing or packaging, commercial sales, or the raising of livestock or animals including poultry. (22) Community Use: means a use that has the primary purpose of serving the educational, recreational, or governmental needs of the general community, including but not limited to a library, community centre, emergency service facility, or post office. (23) Convenience Store: means a retail store where articles for sale are restricted to a limited range of goods, primarily food, toiletries, housewares, stationary, and other similar daily household necessities, but does not include a Food Store. (24) Construction Vehicle: means a vehicle ordinarily used for building and construction purposes, such as a dump truck, bulldozer, back-hoe, or grader, and ancillary equipment used thereto. (25) Day Care Centre: means: i. Indoor and outdoor premises where more than five (5) children are provided with temporary care and/or guidance for a continuous period but does not provide overnight accommodation and are licensed in accordance with the applicable Provincial Act; or ii. Indoor and outdoor premises in which care is offered or supplied on a regular schedule to adults for a portion of a day but does not provide overnight accommodation. (26) Daylight Triangle: means an area free of buildings, structures, fences and hedges more than 0.9 of a metre in height and which area is to be determined by measuring, from the point of intersection of street lines on a corner lot 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. (27) Development Agreement: means an executed contract between a developer/property owner and the City of Pickering, and could include a public agency/board that is required in order to implement development, and may include a subdivision agreement, site plan agreement, or other similar agreements for development. - 102 - By-law No. XXXX/26 Page 5 (28) District Energy Facility: means a centrally located facility or linked facilities that generates and distributes thermal energy (steam and/or hot and cold water) to end users through an underground pipeline distribution system and generates electricity, including electricity for supply to the grid. (29) Driveway: means an internal roadway used to provide vehicular access from a street or lane to an off-street parking space, loading space or aisle. (30) Dry-Cleaning Distribution Centre: means a premises used for the purpose of receiving articles or goods of fabric to be laundered or dry-cleaned elsewhere and does not include a dry-cleaning establishment. (31) Dry-Cleaning Establishment: means a premises in which the business of laundry or dry-cleaning is housed and where the cleaning, drying, ironing, and finishing of such goods is conducted. (32) Dwelling: means a building containing one (1) or more dwelling units. (33) Dwelling, Apartment: means a residential use building containing four (4) or more principal dwelling units where the units are connected by a common corridor or vestibule, other than a townhouse dwelling or stacked townhouse dwelling. (34) Dwelling, Back-to-Back Townhouse: means a residential use building containing four (4) or more attached principal dwelling units divided vertically where each unit is divided by common walls, including a common rear wall without a rear yard setback, and whereby each unit has an independent entrance to the unit from the outside accessed through the front yard or exterior side yard. (35) Dwelling, Block Townhouse: means a residential use building containing three (3) or more attached principal dwelling units divided vertically, and where all dwelling units are located on one (1) lot and accessed from a private street, laneway, or common condominium driveway or aisle. (36) Dwelling, Live Work: means a townhouse dwelling or stacked townhouse dwelling, where the ground floor only, or part thereof, may be used for commercial uses as permitted by this By-law, except that the basement may be used for storage for the commercial use, and where the commercial and residential components can be accessed by a common internal entrance while constructed as separate units. (37) Dwelling, Stacked Townhouse: means a residential building of four (4) or fewer storeys in height containing three (3) or more principal dwelling units where the units are divided horizontally and/or vertically, and in which each dwelling unit has an independent entrance to the interior. (38) Dwelling, Street Townhouse: means a residential building containing three (3) or more attached principal dwelling units divided vertically and where all dwelling units are located on a street. (39) Dwelling Unit: means a residential unit that: i. Consists of a self-contained set of rooms located in a building or structure; - 103 - By-law No. XXXX/26 Page 6 ii. Is used or intended for use as a residential premises; iii. Contains kitchen and bathroom facilities that are intended for the use of the unit only; and iv. Is not a mobile home or any vehicle. (40) Dwelling Unit, Additional: means a self-contained dwelling unit in a block townhouse dwelling unit or street townhouse dwelling unit. The additional dwelling unit shall consist of one (1) or more rooms that are designed, occupied or intended for residential occupancy, by one (1) 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. (41) Existing: means existing as of the date of the final passing of this By-law. (42) Farmers’ Market: means a building, part of a building or open area, on a temporary or permanent basis, where a majority of the vendors shall be primary producers of agricultural products grown within the Province of Ontario that are offered for sale directly to the general public, but may also feature other vendors who offer prepared foods and artisan crafts as well as provide entertainment and community information. (43) Financial Institution: means a building or portions of a building used for the purposes of administering or providing financial services to the public, other than exclusively through an automated banking machine. (44) Floor Area: means the total area of all floors of a building within the outside walls. (45) Floor Area, Net: means the total area of all floors of a building measured from the interior faces of the exterior walls or demising walls, but does not include the following areas: i. Motor vehicle parking and bicycle parking below average grade; ii. Motor vehicle parking and bicycle parking at or above average grade; iii. Loading spaces and related corridors used for loading purposes; iv. Rooms for storage, storage lockers, washrooms, electrical, utility, mechanical and ventilation; v. Indoor amenity area space required by this By-law; vi. Elevator, garbage and ventilating shafts; vii. Mechanical penthouse; viii. Porches, non-walk-in bay windows, attics, basements, enclosed or roofed walkways; and ix. Stairwells in the building. - 104 - By-law No. XXXX/26 Page 7 x. Areas within a building leased, owned or used as an Elementary School, Secondary School or a Post-Secondary School; xi. Areas within a building leased, owned or used by a public authority. (46) Floor Space Index (FSI): means the total net floor area of all buildings on a lot divided by the total lot area. (47) Food Store: means premises that sells food and other non-food items, primarily on a self-service basis. (48) Frontage: means that part of a lot that abuts a street measured along the street line. (49) Garage, Private: means a building, structure or part thereof, including a carport, used for the parking of motor vehicles having adequate access to a driveway. (50) Grade or Average Grade: means the average elevation of the finished level of the ground adjoining all exterior walls of a building. When used with reference to street townhouse dwellings, average grade is measured at the front of such building. (51) Green Roof: means an extension to a building's roof that allows vegetation to grow in a growing medium. (52) Gross Floor Area: means the total area, expressed in square metres of each floor whether located above, at or below grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. (53) Gross Leasable Floor Area (GLFA): means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floor areas, if any. GLFA is expressed in square metres and measured from the centre line of joint partitions and from outside wall faces. (54) Ground Floor: means the floor of a building at or first above average grade. (55) Ground Floor Area: means the gross floor area only on the ground floor. (56) Height: means the vertical distance between the average grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip, or gambrel roof, the mean height level between eaves and ridge. When the regulation establishes height in storeys, means the number of storeys. (57) Home Occupation: means the accessory use of a dwelling unit for an occupation or business, where the dwelling unit is the principal residence of the business operator. - 105 - By-law No. XXXX/26 Page 8 (58) Hotel: means a building, or group of buildings, each containing sleeping accommodation, catering primarily to the traveling public, for rent or hire for temporary lodging. A hotel may also include restaurant, public hall and accessory retail store which are accessory to the primary hotel function and oriented to serve the hotel patrons. (59) Inoperative Vehicle: means a motor vehicle that is mechanically inoperative, and/or is in a state that precludes immediate use. (60) Kiosk: means a building or structure with a maximum floor area of 12.0 square metres that provides complementary uses in a public or private operated open space zone. (61) Landscape Strip: means a continuous strip of landscaped open space provided along a lot line or other feature, and consisting of a planting screen or landscaped earth berm. A landscape strip is permitted to be traversed by driveways and walkways. The width of the landscape strip and its minimum height to provide visual screening are indicated in the requirements of this By-law. (62) Landscaped Open Space: means the open unobstructed space at grade suitable for the growth and maintenance of landscaping and includes any surfaced walk, patio, stairs or similar area but does not include any driveway, or ramp, whether surfaced or not, any curb, retaining wall, parking area, interior courtyard, or any easement for the purposes of underground or overhead utilities or services where located within a front yard or exterior side yard. (63) Lane: means a thoroughfare not intended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public or private open space. The lane may be maintained by a public authority or by a condominium corporation as a private condominium road. (64) Library: means a building or portion of a building containing an organized collection of information resources that are publicly accessible and provided by the City of Pickering. (65) Live-Work Dwelling: means a townhouse dwelling where the ground floor only, or part thereof, may be used for commercial purposes as permitted by this By-law, except that the basement may be used for storage for the commercial use, and where the commercial and residential components can be accessed by a common internal entrance. (66) Loading Space: means an unobstructed area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area is provided for the temporary parking of one (1) commercial vehicle while merchandise or materials are being loaded or unloaded from such vehicles. (67) Long-Term Care Home: means a facility which provides care and services for persons who are no longer able to live independently or who require on-site nursing care, 24-hour supervision or personal support and licensed under the Long-Term Care Homes Act, 2007, as amended. - 106 - By-law No. XXXX/26 Page 9 (68) Lot: means a parcel of land fronting on a street, whether or not occupied by a building or structure. (69) Lot Area: means the total horizontal area of a lot within the boundaries of a lot. (70) Lot Coverage: means the percentage of the total lot area occupied by all buildings and structures at and above grade including cantilevered floor space, bay windows, balconies, uncovered and covered porches and decks, and below grade steps and ramps. This excludes eaves, belt courses, chimney breasts, sills, or cornice projections to a maximum of 0.6 of a metre. (71) Lot, Corner: means a lot situated at the intersection of two (2) or more streets or upon two (2) parts of the same street having an angle of intersection not exceeding 135 degrees. (72) Lot Frontage: means the horizontal distance between the side lot lines of a lot measured by a line that is 6.0 metres back from and parallel to the chord of the lot frontage. The chord of the lot frontage means the straight line joining the two points where the side lot lines intersect the front lot lines. (73) Lot Line: means a line delineating any boundary of a lot. (74) Lot Line, Exterior Side: means the side lot line, which separated a lot from the street adjacent to it. (75) Lot Line, Front: means the lot line, which separates a lot from the street in front of it. Where more than one (1) lot line separates a lot from the street, the front lot line shall be the shorter lot line. Where a lot is a through lot, the lot line abutting the wider street right-of-way shall be the front lot line. In the case of a through lot, where both streets are of the same width, the City may designate either street line as the front lot line. (76) Lot Line, Interior Side: means a side lot line, which is not adjacent to a street. (77) Lot Line, Rear: means the lot line opposite to, and most distant from, the front lot line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot line shall be represented by the point of intersection. (78) Lot Line, Side: means all lot lines, which join both a front lot line and a rear lot line. (79) Main Front Wall: means exterior wall of a building including the first storey and above oriented toward the front lot line. (80) Main Wall: means a primary exterior front, rear, or side wall of a building, not including permitted projections. (81) Motor Vehicle: means an automobile, motorcycle, motor assisted bicycle, or any other vehicle propelled or driven other than by muscular power, but does not include a streetcar, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engineer, farm tractor, riding lawnmower, self- - 107 - By-law No. XXXX/26 Page 10 propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act, or successor thereto. (82) Museum: means premises used for the exhibition, collection and/or preservation of objects of cultural, historical or scientific interest for public viewing. (83) Office: means a building or part thereof, where administrative and clerical functions are carried out in the management of a business, profession, organization or public administration, but shall not include a medical office or vehicle sales and rental establishment. (84) Office, Medical: means a premises designed and used for the diagnosis, examination, and medical, surgical or physiotherapeutic treatment of human patients, and which may include pharmacies and dispensaries, waiting rooms, treatment rooms and blood testing clinics, but shall not include overnight accommodation for in-patient care. (85) Outdoor Patio: means an outdoor area, covered or uncovered, where seating accommodation can be provided and/or where meals or refreshments may be served to the public for consumption. (86) Park: means an area of land that is designed or maintained for outdoor recreational facilities, with or without an accessory building or structure, including sport fields, parks and playgrounds, tracks, skateboard parks, and outdoor swimming pools, but shall not include a golf course. (87) Parking Area: means one (1) or more parking spaces, including related aisles, for the parking or storage of vehicles. (88) Parking Garage: means a building, or part thereof, used for the parking of vehicles and may include any permitted use in the first storey, but shall not include any area where vehicles for sale or repair are kept or stored. A parking garage includes underground parking and a parking structure. (89) Parking Lot: means a lot or portion thereof provided for the parking of motor vehicles accessory or incidental to the main use. (90) Parking Lot, Public: means a parking area that is the principal use of a lot and is operated to provide public parking whether or not for gain or profit. (91) Parking Space: means an unobstructed area of land that is accessible by an aisle, having access to a street or lane that is reserved for the purpose of the temporary parking or storage of one (1) motor vehicle. (92) Parking Space, Bicycle: means an area used exclusively for parking or storing a bicycle. Long-term bicycle parking spaces are those for use by the occupants or tenants of a building. Short-term bicycle parking spaces are those for use by visitors to a building. (93) Parking Structure: means a building or portion thereof, below and/or above grade, containing one (1) or more parking spaces. - 108 - By-law No. XXXX/26 Page 11 (94) Parking Structure, Bicycle: means a structure, either covered or uncovered, containing one (1) or more bicycle parking spaces. (95) Passive Recreational Use: means outdoor recreational activities such as walking or hiking trails, passive parks, shelters, or natural observation that require minimum facilities or development and that have a minimal impact on the environment. (96) Person: means an individual, association, firm, partnership, trust, corporation, organization, trustee or agent, and the heirs, executors or legal representatives of the person to whom the context can apply according to law. (97) Personal Service Shop: means a building, structure, or part thereof, where services are provided and administered to individual and personal needs and where retail sale of goods accessory to the service provided is permitted and includes, but is not limited to, hair care, aesthetics, health and beauty treatment, dressmaking, tailoring, shoe shinning and repair, laundromat, and pet self-wash centre. (98) Place of Amusement: means premises which are devoted to the offering of facilities for the playing of any game for the amusement of the public such as a billiard or pool rooms, bowling alleys, electronic games, indoor playground, miniature golf courses or roller skating rinks. (99) Place of Worship: means a facility the principal use of which is the practice of religion, but which may include accessory uses subordinate and incidental to the principal use such as classrooms for religious instruction, programs for community social benefit, assembly areas, kitchens, offices and a residence for the faith group leader. Other than a day care centre which shall be permitted, a place of worship shall not include a private school or residential or commercial uses. (100) Podium: means the base of a building, structure or part thereof located at or above average grade that projects or is part of the tower portion of the building. (101) Porch: means a covered or uncovered deck, portico or other structure with direct access to the ground that is attached to the exterior wall of a building. A basement may be located under the porch. (102) Premises: means the whole or part of lands, buildings or structures, or any combination of these. (103) Primary Entrance Door: means the principal entrance by which the public enters or exits a building or individual retail/commercial unit, or the resident enters or exits a dwelling unit. (104) Primary Window: means all windows except bathroom, hallway, closet or kitchen windows. (105) Principal or Main: means the land, buildings or structures occupied, used or intended to be occupied or used. - 109 - By-law No. XXXX/26 Page 12 (106) Privately-Owned Publicly Accessible Space: means physical space that is privately-owned, but appears and functions as public space. These spaces are secured through an easement in favour of the City, are designed and maintained to the standards established by the City, and remain open and accessible to the public, or remain open and accessible according to a schedule established by agreement with the City. (107) Public Authority: means Federal, Provincial, or Municipal agencies, and includes any commission, board, authority or department established by such agency. (108) Public Use: means a use of land, buildings or structures for infrastructure by or on behalf of a public authority. Without limiting the generality of the foregoing, a public use may include uses such as public highways, railways and related facilities, gas and oil pipelines, public sewage and water service systems and lines, bridges, interchanges, stations, and related buildings and structures, above or below grade, that are required for the facilities listed above, and associated rights-of-way, and may include stormwater management facilities (109) Private Home Daycare: means a premises used for the temporary care of five (5) children or less where such care is provided in a dwelling unit, other than the dwelling unit of a parent or guardian of any such child, for a continuous period not exceeding 24 hours. (110) Recreational Vehicle: means a specially designed vehicle used for recreation purposes, whether or not it is required to be licensed or is jacked up or its running gear removed, including an all-terrain vehicle, a snowmobile, a camper, a motor home, a boat or trailer. A recreational vehicle may provide temporary living, sleeping, or eating accommodation for travel, vacation, seasonal camping, farm help, or recreational use. (111) Residential Use: means the use of land, buildings or structures for human habitation. (112) Restaurant: means a building or part of a building where the principal business is the preparation of food and drinks for retail sale to the public for immediate consumption on and/or off the premises, but shall not include a nightclub. (113) Retail Store: means premises in which goods and merchandise are offered or kept for retail sale or rental to the public. (114) Retirement Home: means a retirement home as defined in the Retirement Homes Act, as amended, or its successor. (115) School, Commercial: means a building, or part thereof, where instruction of a skill is provided for profit and may include instruction in a trade, business, art, music, dance, cooking, athletic skill or any other specialized instruction but does not include a commercial fitness/recreational centre or a post-secondary school. (116) School, Elementary or School, Secondary: means a place of instruction maintained and operated under the jurisdiction of a public authority, and may also include a day care centre as an accessory use. - 110 - By-law No. XXXX/26 Page 13 (117) School, Post-Secondary: means a building or part of a building where educational facilities are provided for the instruction of college or university education, and that is operated under jurisdiction of a public authority and may include accessory residential facilities, including cafeterias, but does not include a commercial school. (118) School, Private: means a place of instruction (excepting a commercial school or private career college) offering curriculum equivalent to those customarily offered in an elementary school or secondary school, and may include a day care centre. (119) Service and Repair Shop: means a premises for the servicing, repairing or renting, of articles, goods or materials but shall not include any motor vehicle or boats. (120) Setback: means the shortest horizontal distance between a building or structure and a lot line. (121) Solar or Shade Parking Structure: means a structure, which may or may not contain roof-mounted solar panels, which provides shade in a parking lot. (122) Storey: means that portion of a building other than a basement, cellar, or attic, included between the surface of any floor, and the surface of the floor, roof deck or ridge next above it. (123) Storey, First: means the storey with its floor closest above average grade and having its ceiling more than 1.8 metres above average grade. (124) Street: means a public highway but does not include a lane or a King’s Highway (Highway 401). Where a 0.3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purpose of determining setbacks, the street shall be deemed to include the 0.3 metre reserve and/or the daylight triangle, however, nothing herein shall be interpreted as granting a public right of access over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purpose under the Municipal Act. (125) Street Line: means the dividing line between a lot and a street. (126) Street, Private: means: i. A right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; ii. A private road condominium, which provides access to individual freehold lots; iii. A roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; or iv. A private right-of-way over private property, that affords access to lots abutting a private road; but is not maintained by a public body and is not a lane. - 111 - By-law No. XXXX/26 Page 14 (127) Structure: means anything that is erected, built or constructed of parts joined together that is fixed to or supported by the soil and/or any other structure, and is not a fence, in-ground swimming pool, or electric vehicle supply equipment. (128) Tandem Parking Space: means two (2) or more parking spaces abutting each other end to end with only one (1) having access to an aisle. (129) Temporary Sales Office: means all or part of a building, structure, facility or trailer used for the sole purpose of the sale or leasing of dwelling units associated with a draft plan of subdivision, draft plan of condominium or an approved site plan. (130) Theatre: means a building or part of a building used for the showing of motion pictures, or for the rehearsal or performance of performing arts, such as music or dance, and live presentations, and may include accessory retail sales and the sale and service of food and beverages. (131) Tower: means the storeys within that portion of a building or structure or part thereof located above the podium. (132) Tower, Point: means a compact and slender building form that may or may not include a podium at its base. (133) Tower Floor Plate: means the average floor area of all storeys within that portion of a building or structure or part thereof located above the podium, measured to the exterior faces of exterior walls of each storey of a building or structure. (134) Trailer: means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by said motor vehicle, and capable of being used for living, sleeping, or eating accommodation, or the transportation of a boat, snowmobile, tent, or materials, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn. Any items or materials placed on a trailer for the purpose of transport are to be considered as part of the trailer. (135) Uncovered Platform: means an attached or freestanding structure not covered by a roof, which is located on the same level as or lower than the first storey of the building associated with the platform. (136) Use: when used as a noun, means the purpose for which a lot or building or structure or any combination thereof, is designed, arranged, intended, occupied or maintained and “uses” shall have a corresponding meaning. “Use,” when used as a verb, or “to use,” shall have corresponding meanings. (137) Utility: means an essential public service such as electricity, gas, television or communications/telecommunications that is provided by a regulated company or public authority. (138) Vehicle: means a car, truck, trailer, recreational vehicle including boats, van, motorcycle, snowmobile, or any other vehicle required to be licensed. - 112 - By-law No. XXXX/26 Page 15 (139) Veterinary Clinic: means a building or part of a building providing the services of a veterinarian, and facilities for the medical treatment, examination, surgery, diagnosis, grooming, general health care, and observation of domestic animals and birds. (140) Yard: means any open, uncovered, unoccupied space appurtenant to a building. (141) Yard, Exterior Side: means a side yard adjacent to a street. (142) Yard, Front: means a yard extending across the full width of the lot between the front lot line and the nearest wall of any main building on the lot for which the yard is required. (143) Yard, Interior Side: means a side yard not adjacent to a street. (144) Yard, Rear: means a yard extending across the full width of the lot between the rear lot line and the nearest wall of any main building or structure on the lot for which the yard is required. (145) Yard, Side: means a yard extending from the front yard to the rear yard between the side lot line and the nearest wall of any building or structure on the lot for which the yard is required. (146) Zone: means a designated area of land use shown on Schedule I and established and designated by this By-law for the purposes of a specific use or group of uses that are erected and maintained in accordance with the provisions of this By-law. 5. Permitted Uses and Zone Regulations (“MU-35” Zone) (1) Permitted Uses (“MU-35” Zone) No person shall, within the lands zoned “MU-35” 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: a) Residential Uses i) Additional Dwelling Unit(1)(2) ii) Apartment Dwelling iii) Back-to-Back Townhouse Dwelling(3) iv) Block Townhouse Dwelling(3) v) Live-Work Dwelling(1) vi) Stacked Townhouse Dwelling(3) vii) Street Townhouse Dwelling(3) b) Commercial Uses i) Animal Care Establishment ii) Art Gallery/Studio iii) Bed and Breakfast iv) Car Share Service - 113 - By-law No. XXXX/26 Page 16 v) Commercial Fitness/Recreational Centre vi) Commercial School vii) Convenience Store viii) Dry-Cleaning Distribution Centre ix) Financial Institution x) Food Store xi) Hotel xii) Kiosk xiii) Medical Office xiv) Office xv) Outdoor Patio xvi) Parking Garage xvii) Parking Structure xviii) Personal Service Shop xix) Place of Amusement xx) Club xxi) Restaurant xxii) Retail Store xxiii) Service and Repair Shop (non-vehicle) xxiv) Theatre xxv) Veterinary Clinic c) Community Uses i) Community Centre ii) Community Garden iii) Day Care Centre iv) Elementary School v) Farmers’ Market vi) Library vii) Nursing Home or Long-Term Care viii) Museum ix) Park x) Place of Worship xi) Post-Secondary School xii) Private School xiii) Privately-Owned and Publicly Accessible Space xiv) Public Parking Lot xv) Retirement Home xvi) Secondary School d) Other Uses i) District Energy Facility ii) Parking Garage/Structure(1) e) Specified Accessory Uses i) Home Occupation(1) ii) Private Home Daycare - 114 - By-law No. XXXX/26 Page 17 Notes: (1) This use is subject to special provisions under Section 5. (3) of this By-law. (2) This use shall be permitted within a block townhouse dwelling unit and street townhouse dwelling unit. (3) This use shall be prohibited in areas designated as Active at Grade frontages on Schedule IV to this By-law. (2) This use is subject to special provisions under Section 5. (3) e) of Zone Regulations (“MU-35” Zone) No person shall, within the lands zoned “MU-35” 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: a) Floor Space Index (FSI) i) minimum – 0.75 FSI ii) maximum – 4.0 FSI iii) the area shown on Schedule II to this By-law shall be deemed to be a lot for the purposes of calculating FSI b) Building Height i) minimum – 10.5 metres (3 storeys) ii) maximum – for lands wholly located within the area delineated by the solid black lines, as shown on Schedule III to this By-law, the maximum height of a building or structure shall be as specified by the number following the HT symbol iii) notwithstanding Section 5. (2) b) i) and ii), above, the maximum Building Height for the lands shown below in cross-hatch on Figure 1, may be increased to a maximum building height of 100 metres (22 storeys), provided that the entire building, except for the ground floor, is used for the uses listed in Section 5. (2) p) i) of this By-law. - 115 - By-law No. XXXX/26 Page 18 Figure 1 c) Building Height Adjacent to Grade Related Dwellings i) notwithstanding Section 5. (2) b) above and Schedule III to this By-law, where a building is located adjacent to back-to-back townhouses, the maximum height of a building or structure shall be limited by a 45-degree angular plane measured from the property line of adjacent back-to-back townhouses, at a height of 13.5 metres above grade d) Podium Requirements for Buildings Greater than 37.5 metres (12 storeys) in Height i) minimum – 10.5 metres (3 storeys) ii) maximum – 20.0 metres (6 storeys) e) Building Setbacks i) minimum – 2.0 metres ii) notwithstanding Section 5. (2) e) i) above, the minimum building setback from a street line shall be 3.0 metres iii) notwithstanding Section 5. (2) e) i) and ii) above, the minimum building setback from Brock Road and Pickering Parkway shall be 5.0 metres iv) notwithstanding Section 5.(2) e) i) above, any building or structure or part of a building or structure located above or below grade adjacent to the Highway 401 Corridor shall comply with Section 5. (3) d) of this By-law f) Setback for Below Grade Parking Structures i) minimum – 0.0 metres g) Tower Floor Plate i) maximum tower floor plate for a residential building – 850 square metres - 116 - By-law No. XXXX/26 Page 19 ii) notwithstanding Section 5. (2) g) i) above, balconies shall be excluded from the calculation of tower floor plate iii) the maximum tower floor plate requirements set out in Section 5. (2) g) i) and ii) above shall not apply to buildings with a height of 12 storeys or less. h) Building Separation i) minimum – 11.0 metres, except where the separation may be reduced to 3.0 metres if there are no primary windows or balconies on the wall facing the adjacent flanking building ii) minimum – 18.0 metres for any portion of a building greater than 25.5 metres in height, except where the separation may be reduced to 11.0 metres if there are no primary windows or balconies on the wall facing the adjacent flanking building iii) minimum – 25.0 metres for any portion of a building greater than 37.5 metres in height i) Main Wall Stepback for Buildings Equal to or Less than 37.5 metres (12 storeys) in height i) minimum – 1.5 metres between 4.5 metres and 15.0 metres in height on any building face abutting a street line j) Main Wall Stepback for Buildings Greater than 37.5 metres (12 storeys) in height i) minimum – 3.0 metres from the main wall of a point tower to the main wall of a podium on any building face abutting a street line k) Balcony Requirements i) minimum depth – 1.5 metres ii) balconies are not permitted to project beyond the main wall less than 10.5 metres in height above grade along any street line with required Active At Grade Frontages, as shown on Schedule IV to this By-law l) Buildings Requiring Active At Grade Frontages i) minimum – 40 percent of the first storey of a building along any street line with required Active At Grade Frontages, as shown on Schedule IV to this By-law, shall be comprised of openings and transparent glazing ii) a primary entrance door with direct and unobstructed access open to the public shall be incorporated into the wall of a building facing the street line iii) notwithstanding Section 5 (2) l) ii) above, where a building has frontage on two street lines with - 117 - By-law No. XXXX/26 Page 20 required Active At Grade Frontages, a primary entrance door shall be incorporated into the wall of the building facing at least one of those street lines iv) minimum ground floor height – 4.5 metres m) Location of a Primary Entrance Door i) a primary entrance door with direct and unobstructed access open to the public shall be incorporated into the wall of a building facing the street line n) Amenity Area – 8 or more Dwelling Units i) minimum – 2.0 square metres of indoor amenity space is required per dwelling unit ii) minimum – 2.0 square metres of outdoor amenity space is required per dwelling unit, including at least one (1) contiguous common outdoor amenity area with a minimum of 40.0 square metres in size. o) Landscaped Open Space i) minimum – 10 percent of the area of a lot ii) to qualify for any minimum landscaped open space requirement, an individual area of landscaped open space provided on a lot shall have a minimum dimension of 3.0 metres by 3.0 metres iii) landscaping provided on the roof of a building may be included in the calculation of required landscaped open space on the lot, provided it meets the requirements of Section 5. (2) o) ii) above p) Non-Residential Uses i) an aggregate minimum of 12,000 square metres of net floor area of Office Space for uses of Medical Office, Office, Post-Secondary School, Private School, and Daycare shall be provided within the lands zoned “MU-35” on Schedule I to this By-law ii) for lands wholly located within the areas delineated by solid black lines on Schedule V to this By-law, the minimum aggregate net floor area of the uses listed in Section 5. (1) b) shall be located on the first floor of a buildings and shall be as specified by the number following the NFA symbol iii) notwithstanding Section 5. (2 ) p) ii), the minimum aggregate net floor area for the uses listed in Section 5.(1) b) may increase and or decrease as shown on Schedule V by a maximum of 10 percent per phase. (3) Special Provisions (“MU-35” Zone) a) Additional Dwelling Units - 118 - By-law No. XXXX/26 Page 21 Where permitted by this By-law, an additional dwelling unit shall be in accordance with the following provisions: i) A maximum of two (2) additional dwelling units are permitted within any legally permitted block townhouse dwelling unit or street townhouse dwelling unit. ii) Notwithstanding any other provision of this By-law, all lots containing additional dwelling units shall provide a minimum 1.2-metre-wide path of travel from the entrance of each additional dwelling unit to a street or private street. Except for a maximum of 0.3 of a metre encroachment for telecom or utility meters, pipes, exhausts, intakes, corbels, and windowsills, no encroachment is permitted to obstruct the path of travel to the dwelling unit entrance. The path of travel may be shared and used jointly by more than one dwelling unit on the lot. iii) A home occupation is permitted in association with each permitted additional dwelling unit, in accordance with the provisions of this By- law. b) Air Conditioners i) Air conditioners are permitted on a lot provided they are located in the rear yard or interior 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 an interior lot line and shall not be located on any easements in favour of the City. ii) Notwithstanding Section 5. (3) b) i) above, air conditioners are permitted in the exterior side yard of a lot provided they are screened by a fence. iii) Notwithstanding Section 5 (3) b) i) above, air conditioners are permitted in the front yard of back-to-back townhouse dwellings. c) Height Exceptions i) The height requirements of this By-law shall not apply to: a) A belfry b) A chimney c) A flagpole d) A clock tower e) Ornamental architectural features such as, but not limited to a dome or skylight f) A cupola g) A water storage tank h) Rooftop mechanical equipment and rooftop mechanical penthouses, which shall be subject to Section 5. (3 )j) of this By-law i) A wireless or transmitting antenna - 119 - By-law No. XXXX/26 Page 22 ii) A parapet wall may exceed the maximum building height as required by 1.5 metres. iii) Rooftop solar panels and associated required structural equipment may exceed the maximum building height as required by 1.5 metres. d) Highway 401 Corridor Setback Notwithstanding any other provision of this By-law, no building, structure, parking space, loading space, aisle, or stormwater management facility shall be located above or below grade, within 14.0 metres of any lot line abutting the boundary of the Highway 401 Corridor. e) Home Occupations Where permitted by this By-law, a home occupation shall be in accordance with the following provisions: i) The following specific uses are permitted in a home occupation: a) Art Gallery/Studio b) Instruction, including private or semi-private personal fitness, music, dance, tutoring or instruction, cooking, and similar activities c) Medical Office d) Personal Services Shop, excluding a laundromat or dog-washing establishment e) Private Home Daycare f) Office ii) No use or activity relating to a home occupation is permitted in a private garage or accessory building or structure, except for limited storage relating to a home occupation is permitted to the extent that it does not prevent the parking of the number of vehicles the private garage or accessory building or structure was designed to accommodate. iii) The home occupation shall not occupy an area greater than 25 percent of the gross floor area of the dwelling, or have a total area greater than 50.0 square metres, whichever is less. iv) The home occupation shall be operated by the resident of the dwelling unit and the resident is either a sole proprietor, partner, shareholder, or officer of the company operating the home occupation, or an employee who uses their dwelling unit as their principal place of business. v) The home occupation shall employ at least one (1) individual who resides in the dwelling unit and shall not employ more than one (1) other individual who does not reside in the dwelling unit. vi) At any given time, a home occupation shall not be permitted to include more than two (2) clients or students at once. - 120 - By-law No. XXXX/26 Page 23 vii) The home occupation shall not create noise, vibration, fumes, odour, dust, glare, or radiation which is beyond the normal use of the dwelling, become offensive or an obnoxious use, or create an adverse effect. viii) No outdoor storage or visible display relating to a home occupation is permitted. ix) Customer or client parking is not required to be provided on the lot. x) External changes or alterations required for or relating to a home occupation which would change the overall residential character of the dwelling unit are not permitted. xi) The selling of products assembled or developed on the premises is a permitted use in a home occupation, and the sale and distribution of catalogue items is a permitted use in a home occupation, provided that no catalogue items are stored on the premises. f) Live-Work Dwelling i) The following specific uses are permitted in a live-work dwelling: a) Art gallery/studio b) Dry-cleaning distribution centre c) Dwelling unit d) Medical Office e) Personal Service Shop f) Office g) Restaurant h) Retail Store ii) For any permitted use listed in Section 5. (3) f) i) above, the minimum floor area is 50.0 square metres. g) Outdoor Patios i) An outdoor patio shall be permitted as an accessory use to any permitted restaurant use. ii) Outdoor patios are not permitted on a balcony on any lot abutting a residential use. iii) Outdoor patios shall not be considered as floor area and gross leasable floor area when calculating floor area and gross leasable floor area for the use it serves. h) Parking Structures i) Portions of parking structures constructed above grade, located adjacent to any street line shall comply with the provisions for the main building in accordance with this By-law. - 121 - By-law No. XXXX/26 Page 24 ii) Stairs and air vents associated with a parking structure are not permitted in a front or exterior side yard. iii) Air vents constructed in association with an underground parking structure are permitted to project to a maximum of 1.2 metres above grade no closer than 4.0 metres to a street line. iv) The parking of motor vehicles is prohibited in the first storey of an above grade parking structure for the first 9.0 m of the depth of the parking structure measured in from the lot line along a street line with required Active at Grade Frontages, as shown on Schedule IV to this By-law. v) Above ground parking structures that front onto a street line shall have a minimum ground floor height of 4.5 metres. i) Permitted Encroachments No part of any required yard or setback shall be obstructed except as follows: i) Projections such as awnings, canopies, windowsills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, piers, eave troughs, and other similar architectural features may be permitted to project a maximum of 2.5 metres beyond any required setback, but no closer than 0.5 of a metre from a lot line. ii) Any stairs, including to a porch or any associated landing, uncovered platform, covered platform, and any unenclosed ramp for wheelchair access may encroach beyond any required setback no closer than 0.3 of a metre from a lot line. iii) A balcony, porch, uncovered platform, or covered platform may encroach beyond any required setback to a maximum of 2.0 metres or half the distance, whichever is less. iv) A bay, box, or bow window, with or without foundation, having a maximum width of 4.0 metres may encroach beyond any required setback to a maximum of 0.6 of a metre or half the distance, whichever is less. v) Exterior entrances including above grade or below grade entrances to any dwelling unit shall be permitted to encroach beyond any required setback to a maximum of 0.9 of a metre. j) Rooftop Mechanical Equipment and Mechanical Penthouses i) Rooftop mechanical equipment, including any appurtenances thereto, that exceeds a maximum height of 2.0 metres shall be fully enclosed within a mechanical penthouse. - 122 - By-law No. XXXX/26 Page 25 ii) Rooftop mechanical equipment shall be setback a minimum of 5.0 metres from all edges of a roof. iii) Notwithstanding Section 5.(3) j) ii) above, no setback is required if rooftop mechanical equipment is fully enclosed within a mechanical penthouse or screened by an architectural feature. k) Temporary Construction Uses Permitted Nothing in this By-law shall prevent the use of land or the use or erection of a building or structure for: i) A scaffold or other temporary building or structure incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned. ii) A sign having an area of not more than 4.7 square metres incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned. l) Temporary Sales Office A temporary sales office for the sale of lots or units shall be permitted on the lands zoned “MU-35” on Schedule I to this By-law, subject to the following additional provisions: i) A temporary sales office shall not be permitted until an applicable site plan agreement or plan of subdivision or condominium for the proposed development has received draft plan approval or a temporary sales office agreement is in force. ii) A temporary sales office shall only be permitted for such period that work within a relevant plan of subdivision or condominium remains in progress, having not been finished or discontinued for 60 days. iii) A temporary sales office shall only be permitted if it complies with requirements of the zone in which the lot is located. iv) Parking spaces for a temporary sales office are to be located to the side and rear of the temporary sales office. m) Yards Abutting Daylight Triangles Where a lot abuts a daylight triangle, the setback provisions shall be measured as if the daylight triangle did not exist, provided all buildings are setback 0.6 of a metre from the daylight triangle with the exception of windowsills, belt courses, cornices, eaves, and eave troughs which may project to within 0.3 of a metre of the daylight triangle. (4) Parking, Stacking, and Loading Regulations (“MU-35” Zone) - 123 - By-law No. XXXX/26 Page 26 a) Parking Off-Site Required parking spaces for any non-residential use may be located on another lot within the lands zoned “MU-35” on Schedule I to this By-law, where a legal easement or an agreement exists. b) Parking Space Requirements Every building or structure erected, enlarged, or used in accordance with the provisions of this By-law shall be provided with the minimum required number of parking spaces specified below: Permitted Uses Minimum Parking Space Requirements Residential Uses Apartment Dwelling 0.80 of a space per unit plus 0.15 of a visitor space per unit Back-to-Back Townhouse Dwelling 1.75 spaces per unit Block Townhouse Dwelling 1.75 spaces per unit plus 0.15 of a visitor space per unit Live Work Dwelling 1.5 spaces per unit plus 3.0 spaces per 100 square metres of gross leasable floor area (GLFA) for commercial uses Stacked Townhouse Dwelling 1.25 spaces per unit plus 0.15 of a visitor space per unit Street Townhouse Dwelling 2.0 spaces per unit Commercial Uses Art Gallery/Studio, Commercial School, Dry-Cleaning Distribution Centre, Financial Institution, Food Store, Retail Store, Medical Office, Personal Service Shop, Theatre, Veterinary Clinic 3.5 spaces per 100 square metres of GLFA Commercial Fitness/Recreational Centre, Place of Amusement, Private Club 4.5 spaces per 100 square metres of GLFA Hotel 0.8 of a space per guest room plus an additional 7.5 spaces per 100 square metres of GLFA for accessory non-residential gross floor area used for - 124 - By-law No. XXXX/26 Page 27 public uses (such as meeting rooms, recreational facilities, dining facilities, and business/conference facilities, but excluding areas directly related to overnight accommodation) Office, Service and Repair Shop (non-vehicle) 2.5 spaces per 100 square metres of GLFA Restaurant less than 465 square metres of GLFA 3.5 spaces per 100 square metres of GLFA Restaurant equal to or over 465 square metres of GLFA 5.0 spaces per 100 square metres of GLFA Community Uses Community Centre, Museum 3.5 spaces per 100 square metres of GLFA Day Care Centre 1.0 space per employee plus 3.0 spaces and an additional 1.0 space per classroom Elementary School, Private School, Secondary School 1.3 spaces per classroom Library 2.5 spaces per 100 square metres of GLFA Nursing Home or Long-Term Care 1.0 space per 3 beds Place of Worship 7.5 spaces per 100 square metres of GLFA Post-Secondary School 1.0 space per 100 square metres of GLFA Retirement Home 0.20 of a space per unit plus 0.05 visitor of a space per unit Specified Accessory Uses Outdoor Patio No additional parking required if associated with a restaurant c) Calculation of Required Parking Spaces Where permitted by this By-law, an additional dwelling unit shall be in accordance with the following provisions: - 125 - By-law No. XXXX/26 Page 28 i) Rounding Provisions Where parking spaces are calculated by GLFA, or similar calculation, and the required parking is a fraction, the number of parking spaces shall be rounded down to the nearest whole number. ii) Multiple Uses on a Lot Where a use is subject to a minimum parking requirement, and there is more than one (1) use on a lot, the total required parking spaces shall be the sum of the required parking spaces applicable to each use on the lot. The total number of required spaces may be reduced in accordance with the provisions for Shared Parking in Section 5 (4) e) below. d) Accessible Parking Requirements Accessible parking spaces are to be provided on-site in accordance with the requirements of the Traffic and Parking By-law 6604/05 as amended, or any successor thereto. Accessible parking spaces shall be identified within a Site Plan. e) Shared Parking i) Notwithstanding Section 5.(4) c) ii) above, a shared parking formula may be used for the calculation of required parking for multiple uses on a lot. ii) All required parking spaces must be accessible to all uses participating in the shared parking arrangement and may not be reserved for specific users. iii) The initial step in determining required parking for multiple uses on a lot is to calculate the parking requirement for each use in the development, in accordance with Section 5.(4) b) above. The parking requirement for each use is then multiplied by the percent of the peak period for each time period, contained in Section 5.(4) e) iv) below. Each column is totalled for weekday and weekend. The highest figure obtained from all time periods shall become the required minimum parking for the development. iv) Shared parking is to be calculated in accordance with the following: Type of Use Percentage of Peak Period (Weekday) Morning Noon Afternoon Evening Financial Institution, Medical Office, Office 100 90 95 10 Food Store, Personal Service Shop, Retail Store 65 90 90 90 - 126 - By-law No. XXXX/26 Page 29 Type of Use Percentage of Peak Period (Weekday) Morning Noon Afternoon Evening Restaurant less than 465 square metres of GLFA 20 100 30 100 Residential – Visitor 20 20 60 100 Type of Use Percentage of Peak Period (Weekend) Morning Noon Afternoon Evening Financial Institution, Medical Office, Office 10 10 10 0 Food Store, Personal Service Shop, Retail Store 80 100 100 70 Restaurant less than 465 square metres of GLFA 20 100 50 100 Residential – Visitor 20 20 60 100 f) Size of Parking Spaces, Aisles, and Stacking Lanes i) Parking Space: parking spaces shall be a minimum of 2.6 metres in width and 5.3 metres in length, exclusive of any land used for access, manoeuvring, driveways, or similar purposes. ii) Parallel Parking Space: parallel parking spaces shall be a minimum of 2.6 metres in width and 6.4 metres in length. iii) Parking Space within a Private Garage: a. A minimum of one parking space in any attached or detached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.5 metres in length and shall have a minimum vertical clearance of 2.6 metres. b. All other parking spaces in a private garage shall have a minimum width of 2.6 metres and minimum length of 5.3 metres. c. Steps encompassing an area not greater than 1.2 metres by 0.6 of a metre is permitted to encroach in any parking space located in a private garage. iv) Aisle: parking lot aisles shall be a minimum of 6.0 metres in width for one-way traffic and a minimum of 6.5 metres in width for two-way traffic. g) Tandem Parking The required parking spaces for a live work dwelling on an individual lot may be provided in a tandem configuration. - 127 - By-law No. XXXX/26 Page 30 h) Location of Parking Spaces i) All surface parking shall be located in the rear or interior side yards of buildings. ii) A minimum 3.0-metre-wide landscape strip shall be required and permanently maintained between any street line, daylight triangle, or existing residential development and surface parking spaces or aisles. Where a landscape strip is provided between existing residential development and the parking spaces or aisles, the landscape strip shall also have a minimum height of 1.5 metres to provide visual screening. i) Parking and Storage of Vehicles No person shall, within the lands zoned “MU-35” on Schedule I to this By-law, use any lot, building, or structure for the parking or storage of a commercial vehicle, construction vehicle, recreational vehicle, trailer, or vehicle except in accordance with the following provisions: i) The parking or storage of an inoperative vehicle shall not be permitted on any lot, unless it is entirely within a fully enclosed building or structure. ii) The minimum number of required parking spaces for residential uses shall not be occupied or otherwise obstructed by the parking of a construction vehicle, commercial vehicle, recreational vehicle, or trailer. j) Bicycle Parking Space Requirements i) General Provisions for Bicycle Parking Spaces a. Notwithstanding any other provisions of this By-law, bicycle parking spaces are permitted on any part of a lot. b. Bicycle parking spaces should be located on the same lot as the use or building for which they are required or may be located off- site within 100.0 metres from the building for which they are required. c. A maximum of 50 percent of the required bicycle parking spaces may be vertical spaces; the rest of the required spaces must be horizontal spaces. d. Where the number of bicycle parking spaces exceeds 50 spaces, a minimum of 25 percent of the total required must be located within a building or structure; a secure area such as a supervised parking lot or enclosure; or bicycle lockers. - 128 - By-law No. XXXX/26 Page 31 e. Where four (4) or more bicycle parking spaces are provided in a common parking area, each space must contain a bicycle parking rack that is securely anchored to the ground and attached to a heavy base such as concrete. f. For Apartment Dwellings, a minimum of 15 percent of the required long-term bicycle parking spaces, or 1.0 parking space, whichever is greater, shall include an energized 120-volt outlet adjacent to the bicycle rack or parking space. ii) Bicycle Parking Space Dimensions a. If located in a horizontal position (on the ground), a bicycle parking space shall have a minimum length of 1.8 metres and a minimum width of 0.6 of a metre. b. If located in a vertical position (on the wall), a bicycle parking space shall have a minimum length of 1.5 metres and a minimum width of 0.5 of a metre. iii) Minimum Bicycle Parking Space Rates The minimum number of required long-term bicycle parking spaces shall be: a. Apartment Dwelling: 0.5 of a long-term bicycle parking space per dwelling unit b. Stacked Townhouse Dwelling: 1.0 long-term bicycle parking space per dwelling unit c. Long-Term Care Facility and Retirement Home: a minimum of five (5) long-term bicycle parking spaces d. Non-residential uses: the greater of 2.0 total long-term bicycle parking spaces or 1.0 bicycle parking space for each 1,000 square metres of GLFA or portion thereof The minimum number of required short-term bicycle parking spaces shall be: a. Apartment Dwelling: 0.1 of a short-term bicycle parking space per unit b. Non-residential uses: a minimum of one (1) bicycle parking rack for short-term bicycle parking k) Loading Space Requirements i) General Provisions for Loading Spaces - 129 - By-law No. XXXX/26 Page 32 a. For every building or structure to be erected for, altered for, or its use converted to a commercial use, involving the frequent shipping, loading, or unloading of persons, animals, goods, wares, or merchandise, off-street loading spaces shall be provided and maintained upon the same lot on which the principal use is located. b. Any required off-street loading space shall: i. Not be used for the purpose of offering commodities for sale or display ii. Provide for the temporary parking of one (1) commercial vehicle iii. Not be upon or partly upon any street, lane or alley iv. Have adequate access to permit ingress and egress of a commercial vehicle from a street by means of driveways, aisles, maneuvering areas or similar areas, no part of which access is to be used for the temporary parking or storage of any motor vehicle ii) Loading Space Dimensions a. The minimum dimensions of a loading space shall be 3.5 metres in width and 12.0 metres in length, with a minimum vertical clearance of 4.2 metres. iii) Location of Loading Spaces a. No loading space shall be permitted in the front yard of any building. b. A loading space shall abut the building for which the loading space is provided. c. An unenclosed loading space located above grade shall be set back a minimum of 10.0 metres from a street line. d. An enclosed loading space located above grade shall comply with the building setbacks applicable to the main building in accordance with this By-law. 6. Permitted Uses and Zone Regulations (“OS-P” Zone) (1) Permitted Uses (“OS-P” Zone) No person shall, within the lands zoned “OS-P” 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: a) Kiosk - 130 - By-law No. XXXX/26 Page 33 b) Community Centre c) Park d) Privately-Owned and Publicly Accessible Space 7. Holding Provisions (1) Permitted Uses (“H1”, “H2”, “H3”, “H4”, “H5”, “H6”, “H7” Holding Provisions) a) The lands subject to the “H1”, “H2”, “H3”, “H4”, H5”, “H6” and “H7” Holding Provisions, as shown on Schedule VI to this By-law, shall not be used for any purpose other than the existing permitted lawful uses located on the lands or within existing buildings or structures, as the day this By-law was passed. b) Additions or expansions to existing buildings or structures shall be permitted provided that such additions or expansions shall not exceed 10 percent of the gross floor area of all existing buildings and structures as legally existed on the effective date of this By-law. (2) Zone Regulations (“H1” Holding Provision) The “H1” Holding Provision shall be removed, upon application by the Owner, through the passing of a By-law under Section 34 of the Planning Act. The following conditions shall be completed prior to the removal of the holding provision, to the satisfaction of the City of Pickering: a) That the Owner has demonstrated, to the satisfaction of the Regional Municipality of Durham, that there is sufficient sanitary servicing and water supply capacity to support the full development of the site, or an individual building within the site; and b) That the Owner has entered into a financially secured agreement with the Region respecting such servicing. c) That the Owner has entered into a Master Parkland Agreement with the City of Pickering, detailing the design, construction, and conveyance of public parkland and privately owned publicly accessible park spaces as part of the full development of the site, to the satisfaction of the City, and prior to subdivision registration or the issuance of Site Plan Approval. d) That the Owner has conveyed lands to the City of Pickering required for the Highway 401 road crossing between Notion Road and Squires Beach, as identified in the Municipal Class Environmental Assessment, comprising approximately 0.17 hectares and generally bounded by the Highway 401 Corridor to the south and Notion Road to the east, to the satisfaction of the City, and prior to the subdivision registration or the issuance of Site Plan Approval. e) i. Prior to the registration of the first phase, the Owner register on title an Environmental Easement in favour of Canadian National Railway Company (“CN”), which shall apply to the entire lands, and which shall be - 131 - By-law No. XXXX/26 Page 34 registered with priority over all instruments affecting the lands. For each subsequent phase, the Owner shall confirm the Environmental Easement remains registered on title for the lands that are the subject of the phases. ii. The Owner complete a Noise and Vibration Study to the satisfaction of CN, confirming appropriate mitigation measures to support the development of the respective phase. iii. The Owner register on title a Development Agreement with CN for each phase, which shall include conditions related to noise, vibration, safety, and mitigation requirements in accordance with Section 5 of this By-law. iv. The Owner pay CN’s reasonable legal and engineering fees associated with the review and negotiation of the Development Agreements and the review of all required Noise and Vibration Studies. v. Written confirmation has been provided by CN that the conditions referenced in subjections 7.(2) e) (i) through (iv) have been satisfied. (3) Zone Regulations (“H2”, “H3”, “H4”, “H5”, “H6”, “H7” Holding Provisions) The “H2”, “H3”, “H4”, “H5”, “H6” and “H7” Holding Provisions, as shown on Schedule VI to this By-law, shall be removed, upon application by the Owner, through the passing of a By-law under Section 34 of the Planning Act. The following conditions shall be completed prior to the removal of the holding provision, to the satisfaction of the City of Pickering: a) That the Owner has demonstrated, to the satisfaction of the Regional Municipality of Durham, that there is sufficient sanitary servicing and water supply capacity to support the full development of the site, or an individual building within the site. b) That the Owner has entered into a financially secured agreement with the Region respecting such servicing. c) That the Owner has submitted a Community Services and Facilities Study to assess the need and requirements of an urban elementary or secondary or post-secondary school to be integrated into the podium of the subject development, to the satisfaction of the Durham District School Board, or a successor or counterpart, and the City of Pickering. d) That the Owner has submitted an application for Draft Plan of Subdivision for the full development of the site. e) i. The Owner register on title an Environmental Easement in favour of Canadian National Railway Company (“CN”), which shall apply to the entire lands, and which shall be registered with priority over all instruments affecting the lands. For each subsequent phase, the Owner shall confirm - 132 - By-law No. XXXX/26 Page 35 the Environmental Easement remains registered on title for the lands that are the subject of the phases. ii. The Owner complete a Noise and Vibration Study to the satisfaction of CN, confirming appropriate mitigation measures to support the development of the respective phase. iii. The Owner register on title a Development Agreement with CN for each phase, which shall include conditions related to noise, vibration, safety, and mitigation requirements in accordance with Section 5 of this By-law. iv. The Owner pay CN’s reasonable legal and engineering fees associated with the review and negotiation of the Development Agreements and the review of all required Noise and Vibration Studies. v. Written confirmation has been provided by CN that the conditions referenced in subjections 7.(3) e) (i) through (iv) have been satisfied. 8. By-law 3036 By-law 3036, as amended by By-laws 6549/05, 7176/11, and 8036/23, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, 6549/05, 7176/11, and 8036/23. 9. Effective Date That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXX, 2026. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk - 133 - - 134 - ! ! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! !! ! ! ! ! ! ! ! ! ! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! Highway 4 0 1 Br o c k R o a d Pickering Parkway No t i o n R o a d Be e c h l a w n D r i v e Ma r s h c o u r t D r i v e As h f o r d D r i v e Sq u i r e s B e a c h R o a d Clerk Mayor i NSchedule II to By-Law Passed This Day of XXXX/26 XXrd XXXX 2026 9.48 Ha 404.95 m 15 . 7 0 m 552.37 m 57.15 m 50.24 m 100. 1 7 m 51.0 0 m 1 9 . 6 7 m 7 0 . 5 9 m 220.46 m 168.90 m 10 0 . 0 4 m 92 . 1 6 m - 135 - - 136 - - 137 - ~ "O Cl"l 0 0::: ~ (.) e en 220.46 m clt----... (11 <D 3 ... 0 168.90 m ~ NFA: 450 m2 NFA: 800 m2 .,., 3 Q) > ·;:: Q) 0 > ·;:: 0 C 3: Cl"l ~ ~-========::: ::::=====::::: 3 "O Cl"l 0 0::: C 0 ~ 0 z ~~iii;;;;;;;;;;;~~;;;;;;;;;;;;;;;~--~....J. ~- Schedule V to By-Law XXXX/26 Passed This XX rd Day of XXXX 2026 Mayor Clerk :....; 0 3 (.) Cl"l Q) r t IV - 138 - ~ ""O ro 0 I 0::: ~ (.) 0 ,_ co 220.46 m -I 0 en "' 3 ... 0 0 0 .,., 3 Q) > ·;:: 0 C 3: ro 168.90 m HJ H6 <D ~ .:.,. en 3 '°'s Schedule VI to By-Law XXXX/26 Passed This XX rd Day of XXXX 2026 Mayor Clerk Q) > ·;:: 0 '"'1 ""O ro 0 0::: C 0 :;::::; 0 z ... (.) ro Q) en - ;.,i 0 3 r t IV - 139 - -0 ro 0 0::: -"' u 2 co Beech lawn Park \---+-----i ~ t-----l-------1 <I) ·.::: f--~, r~---,,---1 -~ \------'1-----1 0 1-----11-----1 0 \---\-----1 ~ \---1-----1 C £ 1---1-----1 L.--L--'3 £t---t-----l ---+--~ro ~1---1-----1 ~-r-.'-r---i -5 t---t-----1 :B 1---1-----1 co t-----l------i -0 ro 0 0::: £ u ro <I) co (/) ~ :, ' CT (/) N A -04!0/- P](KER]NG City Development Department Location Ma File: OPA 22-02 & A05/22 Munici al Address: 1755 Pickering Parkway © The Corporation of the City of Pickering Produced (in part) under li cense 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 re served .;© Teranet Enterprises Inc. and its suppliers. All rights reserved.;© Municipal Property Assessment Corporation and its supp liers. All rights reserved. l:\PLANNING\01 -MapFiles\02 -Applications\OPA\2022\OPA 22-002P & A 05-22 Pickering Ridge Lands Inc. and Bayfield Realty Advisors lnc\ArcGIS Pro Maps\ArcGIS Pm Maps.aprx Date: Mar. 12, 2026 SCALE : 1:5,000 THIS ISNOTAPLANOFSURVEY. Attachment 3 to Report PLN 07-26 - 140 - -04!0/- P](KER]NG City Development Department -.• I ~Hf.,'•: .. ' t J, ·:·F I I t,• .Jt•i ' ' . ' -,,, I o j .... r:T?I _1,1 -i, .... "· . . . Air Photo Ma File: OPA 22-02, A05/22 al Address: 1755 Pickering Parkway © The Corporation of the City of Pickering Produced (in part) under li cense 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 its suppliers. All ri ghts reserved.;© Municipal Property Assessment Corporation and its supp li ers . All rights reserved. l:\PLANNING\01 -MapFiles\02 -Applications\OPA\2022\OPA 22-002P & A 05-22 Pickering Ridge Lands Inc. and Bayfield Realty Advisors lnc\ArcGIS Pro Maps\ArcGIS Pm Maps.aprx Date: Mar. 12, 2026 SCALE: 1:5,000 THIS ISNOTAPLANOF SURVEY. Attachment 4 to Report PLN 07-26 - 141 - L:\Planning\01-MapFiles\OPA\2022 March 11, 2026DATE: Applicant: Municipal Address: File No: Original Conceptual Site Plan (2022) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 22-002 & A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway N Attachment 5 to Report PLN 07-26 - 142 - L:\Planning\01-MapFiles\OPA\2021 March 12, 2026DATE: Applicant: Municipal Address: File No: Revised Conceptual Site Plan (2026) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 22-002 & A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway Attachment 6 to Report PLN 07-26 - 143 - L:\Planning\01-MapFiles\OPA\2021 March 12, 2026DATE: Applicant: Municipal Address: File No: Rendering Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 22-002 & A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway Attachment 7 to Report PLN 07-26 - 144 - L:\Planning\01-MapFiles\OPA\2021 March 12, 2026DATE: Applicant: Municipal Address: File No: Rendering Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 22-002 & A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway Attachment 8 to Report PLN 07-26 - 145 - L:\Planning\01-MapFiles\OPA\2021 March 12, 2026DATE: Applicant: Municipal Address: File No: Massing view from Highway 401 looking north-east FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 22-002 & A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway Attachment 9 to Report PLN 07-26 - 146 - L:\Planning\01-MapFiles\OPA\2021 March 12, 2026DATE: Applicant: Municipal Address: File No: Massing view from Notion Road looking south-west FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 22-002 & A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway Attachment 10 to Report PLN 07-26 - 147 - L:\Planning\01-MapFiles\OPA\2021 March 12, 2026DATE: Applicant: Municipal Address: File No: Massing view from Brock Road looking east FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 22-002 & A 05/22 Pickering Ridge Lands Inc. 1755 Pickering Parkway Attachment 11 to Report PLN 07-26 - 148 -