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HomeMy WebLinkAboutPLN 35-21 Report to Planning & Development Committee Report Number: PLN 35-21 Date: September 13, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 11/19 Amberlea Creek Development Inc. 760 and 770 Kingston Road Recommendation: 1.That Zoning By-law Amendment Application A 11/19, submitted by Amberlea CreekDevelopments Inc., to facilitate a residential condominium development consisting of88 stacked townhouse units, be approved subject to the zoning provisions contained in Appendix I to Report PLN 35-21, and that staff be authorized to finalize and forward animplementing Zoning By-law Amendment to Council for enactment. Executive Summary: The subject lands are located on the north side of Kingston Road, east of Delta Boulevard within the Woodlands Neighbourhood (see Location Map and Air Photo Map, Attachments #1 and #2). Amberlea Creek Developments Inc. applied for a Zoning By-law Amendment, initially proposing the development of 82 back-to-back stacked townhouse units (see Original Conceptual Site Plan (2019), Attachment #3). In 2020, the applicant revised the submitted applications to increase the number of stacked townhouse units from 82 to 88 (see Second Conceptual Site Plan (2020), Attachments #4). In response to concerns identified by City staff and members of the public, the applicant made several refinements to the proposal (see Revised Conceptual Site Plan (2021), Attachment #5). The key changes include: •enlarged the common outdoor amenity area from 247 square metres to 590 square metres; •relocated the visitor parking spaces from the north side of the private road, away from the adjacent residential properties to the north; •increased the minimum landscape buffer width from 1.0 metre to 3.0 metres along the entirenorth property line; and •provided a 1.8-metre high wood privacy fence along the north property line. The proposal is consistent with the intent of the design and transportation objectives of the Woodlands Neighbourhood policies and will complete the required east-west connection through lands on the north side of Kingston Road, allowing vehicles to access the signalized intersection at Delta Boulevard and Kingston Road. The proposed development establishes a residential use along Kingston Road, an arterial road and Rapid Transit Spine, in an area that is well serviced by various commercial service uses. The proposal will establish stacked townhouse buildings with a Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 2 maximum height of three and a half storeys, which is compatible with the residential neighbourhood immediately to the north. The proposed building setbacks from the north lot line will minimize any negative visual and privacy impacts on adjacent properties to the north. The proposed stacked townhouse dwellings will be sited and oriented to create a consistent streetwall along the north side of Kingston Road, and are consistent with the goals and objectives of the Draft Kingston Road Corridor and Specialty Retailing Node Urban Design Guidelines. The recommended Zoning By-law provisions provide for appropriate density and performance standards for the development of this site, resulting in transit-supportive intensification along a transit spine and within the Kingston Road Corridor. Site plan approval will address detailed design and technical matters, including the piping of the Amberlea Creek tributary. Ecosystem compensation will be provided to the satisfaction of the Toronto and Region Conservation Authority. Accordingly, staff recommends that Council approve Zoning By-law Amendment Application A 11/19. Financial Implications: The Woodlands Neighbourhood policies of the City’s Official Plan require vehicular access from the current terminus of Delta Boulevard easterly through lands owned by the City to the Mixed Corridor lands. A new public roadway is to be constructed from Delta Boulevard approximately 45.0 metres to the east connecting to the subject lands. This project has been identified as a Development Charge Funded Project with a cost of approximately $125,000.00, where 50 percent will be funded through Development Charges Reserve Fund. The remaining 50 percent will be the City’s share. This project is included in Engineering Services 2022 Capital Budget, which will be before Council for consideration in early 2022. 1. Background 1.1 Property Description The subject lands comprise two properties located on the north side of Kingston Road, east of Delta Boulevard, having a combined area of approximately 0.7 of a hectare, with approximately 88 metres of frontage along Kingston Road (see Location Map, Attachment #1). The lands are bisected by the Amberlea Creek tributary and have a significant amount of vegetation, including mature trees and low-lying shrubs, which are intended to be removed. Surrounding land uses include (see Air Photo Map, Attachment #2): North: Immediately to the north is an established low-density residential neighbourhood consisting of detached dwellings on large deep lots fronting Sheppard Avenue. East: Adjacent lands to the east are occupied by a commercial plaza containing a variety of service commercial uses, including restaurants and personal service uses. South: Across Kingston Road is a vehicle sales and service establishment. Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 3 West: To the west is a commercial plaza, consisting of various restaurant and retail uses, and further west fronting Whites Road, is a 12-storey residential apartment building, which is currently under construction. 1.2 Applicant’s Proposals Amberlea Creek Developments Inc. has applied for a Zoning By-law Amendment to facilitate a residential condominium development on the subject lands. The applicant's initial submission in 2019 proposed 82 stacked back-to-back townhouse units (see Original Conceptual Site Plan (2019), Attachment #3). In December 2020, the applicant revised the submitted proposal to increase the number of stacked back-to-back townhouse units to a total of 88 (see Second Submission Conceptual Site Plan (2020), Attachment #4). In response to concerns and comments received from City staff and area residents, the applicant has made several refinements to their proposal (see Revised Conceptual Site Plan (2021), Attachment #5). The following changes have been made to the proposal: • enlarged the common outdoor amenity area from 247 square metres to 590 square metres, representing approximately 7 percent of the site area; • relocated the visitor parking spaces on the north side of the private road, away from the adjacent residential properties to the north; • increased the minimum landscape buffer width from 1.0 metre to 3.0 metres along the entire north property line; • relocated waste storage areas to maximize distance from private outdoor amenity spaces and the existing residential lots to the north; and • provided a 1.8-metre high wood privacy fence along the north property line. As a part of the proposed development, the portion of the Amberlea Creek tributary that bisects the subject site is intended to be realigned and enclosed. It is proposed that the tributary be enclosed as it enters at the northwest corner of the site, and realigned along the north and east property lines. It is intended to connect to the existing culvert at the southeast corner of the site to be piped under Kingston Road. Vehicular access to the site is proposed to be provided from Kingston Road by way of a shared driveway access that currently services the abutting commercial plaza to the east at 780 Kingston Road. A second access will be provided through an east-west driveway along the north property line to a future public road connecting to Delta Boulevard. The applicant has indicated that they will work with the City to provide an easement across the east-west portion of the internal private aisleway to allow for internal connectivity between properties along the north side of Kingston Road, enabling access to the Delta Boulevard. The plan proposes 3 separate blocks for stacked back-to-back townhouses containing 2-bedroom dwelling units. Block 1 is proposed to be 3 ½ storeys in height while Blocks 2 and 3 will be 3 storeys in height (see Conceptual Elevation – View from Kingston Road and View from Private Road, Attachment #6 and #7). Each dwelling unit will have either an at-grade patio or a balcony as a private outdoor amenity space. The townhouse blocks are oriented so that dwelling units will front Kingston Road, internal landscaped courtyard areas or the internal private road. Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 4 Access to the underground parking garage is provided from the internal private road and will be integrated into the west façade of Block 2. Resident parking is provided at a ratio of 1 parking space per dwelling unit for a total of 88 spaces, 86 of which will be provided within the underground parking garage. Visitor parking will be provided at a rate of 0.2 of a space per unit for a total of 18 spaces. The revised conceptual plan also provides for a 590 square metres common outdoor amenity located at the east end of Block 1, fronting Kingston Road. This area will act as a gateway to the development from Kingston Road. A walkway system is proposed providing pedestrian connectivity within the site to the dwelling unit entry areas, courtyards, parking garage, surface parking areas, private amenity areas, and Kingston Road. A formal Site Plan application was received on July 22, 2021, and was deemed to be incomplete as a geotechnical report is required to be submitted. 2. Comments Received 2.1 Comments received in writing and expressed at the November 4, 2019, Statutory Public Meeting A Statutory Public Meeting was held on November 4, 2019, to provide information to area residents regarding the proposed development, where one area resident provided a delegation. The following is a list of key comments and concerns expressed by area residents at the Statutory Public Meeting, and written comments received regarding the applicant's proposals: • requested that the subject lands be used for a commercial development, which would generate employment opportunities in the area and be more compatible with the surrounding commercial uses; • concerned that the proposed piping of the Amberlea Creek tributary will impact the neighbouring properties to the north that already experience high water levels during the spring and fall; • concerned that the proposed development will result in the loss of trees that provide a home and feeding ground for animals and birds; • concerned that the existing residents to the north will have to deal with increased noise, traffic and safety concerns during the construction, and will experience a loss of privacy in their rear yards; • concerned that the properties to the north will experience impacts from noise and headlights from increased traffic along the east/west driveway at the rear of the proposed development; • concerned that the proposed development is too dense and will result in approximately 240 new residents and 90 new vehicles, which will generate a significant amount of noise and traffic, which will be a nuisance to existing residents; • concerned the proposed stacked townhouse units are not consistent with the surrounding neighbourhood to the north, which is characterized by single-detached dwellings on large lots; Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 5 • requested that the developer be required to construct a concrete fence of 8 feet to 10 feet in height along the shared property line to mitigate noise; and • suggested that traditional townhouses are more appropriate than stacked townhouses as the proposed development will have less soft landscaping and smaller building setbacks than is standard. Written comments were received from Eastbay Holdings Inc., owners of 780 Kingston Road, the adjacent property to the east, requesting that the City require adequate landscape and noise buffering to be installed at the applicant's expense between 780 Kingston Road and the proposed residential development. It was also requested that if the proposed shared access at 780 Kingston Road is approved, the following matters be addressed: • cost-sharing agreement regarding expenses; • maintenance agreements; • indemnity agreements and assumption of liability agreements; and • other such relevant agreements including those which will be assumed by any condominium corporation once the proposed stacked townhouse development has been registered. 2.2 City Departments & Agency Comments 2.2.1 Region of Durham • no objection to the approval of the proposed application; • the Regional Official Plan (ROP) designates the subject lands as “Living Areas”, which are intended to be used predominantly for housing purposes with a mix of housing types, sizes, and tenure; • Kingston Road is designated as a “Regional Corridor” within the ROP, where developments proposed adjacent to Regional Corridors shall be at a higher density and support higher-order transit services and pedestrian-oriented development; • the proposed development conforms to the ROP as it will facilitate residential land uses at higher densities along Kingston Road; • the Region requires the applicant to include all recommended noise attenuation measures of the Noise Impact Study in a future site plan agreement to the satisfaction of the Region; • the revised Phase I and II Environmental Impact Studies and Traffic Impact Study are acceptable; • municipal water supply and sanitary sewerage are available to the subject lands; • based on the submitted information, municipal collection cannot be provided as the road configuration of the private roadway outlined in the plan will not permit continuous movement without reversing and does not conform to the requirements for waste collection service as per Regional Waste By-law 46-2011; • a Waste Management Plan outlining the designated areas for collection and storage of waste shall be submitted as a part of the site plan application, demonstrating how the private collection will function for residents in the proposed townhouse site; and Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 6 • any requirements of the Regional Municipality of Durham, concerning the provision of Regional services, financial and otherwise, associated with the development of this property shall be addressed through the submission of a future site plan application. 2.2.2 Toronto and Region Conservation Authority (TRCA) • no objection to the proposed application, subject to the appropriate ecosystem compensation being provided consistent with TRCA’s Guideline for Determining Ecosystem Compensation; • all technical matters related to on-site natural features and stormwater management have been addressed; • ecosystem compensation can be secured through an agreement between the landowner and TRCA before the issuance of any TRCA permit and is based on the loss of 0.22 of a hectare of deciduous forest and 120 metres of creek, with the replacement requirement being 0.66 of a hectare of forest planting, 120 metres of creek, and 0.22 of a hectare of land-based compensation; and • costs for ecosystem structure restoration and replicating the land base will be applied at the time of receipt of the funds but are currently valued at $425,123.75. 2.2.3 Ministry of Transportation (MTO) • no objections to the proposed application; • all technical comments have been addressed; • the subject lands are located within MTO’s Permit Control Area for Highway 401, and as such MTO review and approval, along with associated permits will be required; and • MTO Building and Land Use Permit will be required for each Townhouse Block following the approval of a site plan application. 2.2.4 City of Pickering Engineering Services Department • no objection to the proposal; • a new public roadway is to be constructed from Delta Boulevard approximately 45.0 metres east; • this project has been identified as a Development Charge Funded Project with a value of approximately $125,000.00; • the detailed design of this roadway must conform to all municipal standards and criteria; • the applicant will be required to enter into a Development Agreement with the City for the off-site works, including the construction of the public road to Delta Boulevard, road restoration, land transfer, easements, utility relocation, cost-sharing, grading, drainage, and securities; • the applicant will be required to provide the City their proportionate share of cost recovery for the Northeast Quadrant study and the Delta Boulevard and Kingston Road downstream storm sewer oversizing; • a permanent easement within the site will be required in favour of the City, from Delta Boulevard, to allow for proper turnaround facilities for winter maintenance of the public roadway connecting to Delta Boulevard; • a Mutual Access Agreement with the site to the east must be provided, as both the applicant’s site and the neighbouring site will share the access from Kingston Road; and Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 7 • detailed design matters such as the provision and installation of roads, services, grading, drainage, stormwater management, utilities, tree compensation, construction management, and noise attenuation will be addressed through site plan approval. 2.2.5 City of Pickering Fire Services • no objection to the approval of the proposed application; and • matters concerning fire hydrant location and fire route signage will be further reviewed through the submission of a site plan application. 2.2.6 Durham District School Board • has no objections to the approval of the proposed development; and • students from this development will attend existing schools. 3. Planning Analysis 3.1 The proposal is consistent with the Provincial Policy Statement and conforms to A Place to Grow The Provincial Policy Statement 2020 (PPS) provides provincial policy direction on land use planning. The PPS provides for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment. The PPS supports improved land use planning and management, which contributes to a more effective and efficient land-use planning system. The PPS indicates that healthy, livable and safe communities are to be sustained by, among other matters, promoting efficient development and land use patterns and accommodating an appropriate range and mix of residential. The PPS outlines that new development should have a compact form, mix of uses and densities that allow for the efficient use of land, in areas that are supported by planned or existing transit services. The proposed development promotes modest residential intensification and provides appropriate density where existing infrastructure and public service facilities are available, and where rapid transit services are operated and are planned. The proposed development is consistent with the PPS policies that encourage the efficient use of land, infrastructure and planned public service facilities. The proposed development is consistent with the PPS. A Place to Grow 2019 sets out a planning vision for growth throughout the Greater Golden Horseshoe. The subject lands are located within the “built-up area” of the City of Pickering. The proposed residential development will contribute to the achievement of more compact complete communities and assist the City and Region to meet their respective intensification targets, which is to accommodate 50 percent of all growth within the existing limits of the current built boundary of the Region and City. The proposed development provides for a compact form of development that is compatible with the surrounding residential land uses within the community and conforms to the Plan. Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 8 3.2 The proposal is within the density range of the Official Plan and implements the vision of the Kingston Road Corridor & Specialty Retailing Node Intensification Plan The subject lands are located within the Woodlands Neighbourhood and are designated “Mixed Use Areas – Mixed Corridors”. Mixed Use Areas are recognized as lands that have or are intended to have the widest variety of uses and highest levels of activity in the City. The Mixed Corridors designation is intended primarily for residential, retail, community, cultural and recreational uses at a scale serving the community, and provides for a range of commercial uses and residential development at a density range of over 30 units up to and including 140 units per net hectare, and a maximum floor space index (FSI) up to and including 2.5 FSI. In 2019, the Planning & Development Committee endorsed in principle the Kingston Road Corridor and Specialty Retailing Node Intensification Plan (Intensification Plan). The recommended land use for the subject lands within the Intensification Plan is Mixed Use - Type-B within the Whites Precinct, which promotes the creation of residential uses in conjunction with retail, office and service–commercial uses to support the development of complete communities. The City has initiated an Official Plan Amendment (Proposed Amendment 38), to implement the recommendations of the Intensification Plan, including increasing the maximum permitted density and FSI on lands designated "Mixed Corridor" within the Kingston Road Corridor and in the Specialty Retailing Node. Amendment 38 to the Official Plan currently proposes a minimum residential density of over 60 units per net hectare. The amendment is also proposing an FSI of over 0.75 up to 2.5, and consideration for proposals between 2.5 and 5.0 FSI through a site-specific zoning by-law amendment. The lands are located adjacent to Kingston Road, which is identified as a Type “B” Arterial Road and Transit Spine under the City’s Official Plan. These roads are recognized as having a higher level of transit service and are intended to carry moderate volumes of traffic at moderate speeds, and provide access from local roads, collector roads and arterial roads. To promote the development of a livable, transit-oriented community, the Official Plan directs mixed-use and higher density development to be located along designated transit spines and arterial roads. The proposed residential development reflects intensification within the built-up area that makes efficient use of existing and planned resources and infrastructure in a location that is intended to accommodate higher residential densities. The proposed density of 117 units per net hectare and FSI of 1.2 is consistent with the current density and FSI requirements of the Official Plan as well as those proposed through the City-initiated Official Plan amendment. The stacked townhouse blocks will be sited and oriented to be parallel with Kingston Road to establish a strong urban edge along the north side of the public road. The proposed development will make efficient use of existing and planned infrastructure along Kingston Road, while also providing additional housing options to accommodate future residents. The proposal is consistent with the policies of the City’s Official Plan and implements the vision for the Kingston Road Corridor and Specialty Retailing Node Intensification Plan. Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 9 3.3 The proposal reflects the urban design objectives as set out in the Council endorsed Draft Urban Design Guidelines for the Kingston Road Corridor and Specialty Retailing Node The Woodland Neighbourhood policies of the Pickering Official Plan identify that the Northeast Quadrant Development and Kingston Road Corridor Guidelines apply to the subject lands. These Guidelines are intended to guide the design of Kingston Road, the development of land between Kingston Road and Sheppard Avenue, and lands that flank or front Kingston Road. These Guidelines, which were adopted by Pickering Council in 1997 and 2002, respectively, do not reflect the new vision for the Kingston Road Corridor established by the Council endorsed Draft Kingston Road Corridor and Specialty Retailing Node Urban Design Guidelines. The Development Guidelines are intended to be superseded by the new Draft Urban Design Guidelines. On December 2, 2019, the Planning & Development Committee endorsed the Kingston Road Corridor and Specialty Retailing Node Draft Urban Design Guidelines (Draft Urban Design Guidelines). The Draft Urban Design Guidelines support the goals, objectives, and vision for the area as set out in the Intensification Plan and establish design priorities and principles related to built form, placemaking, and connectivity. The proposed residential condominium development maintains the key urban design objectives of the Guidelines by: • providing a low-rise building height of less than 4-storeys on the subject lands is appropriate given the adjacent residential neighbourhood to the north; • shadowing and overlook on adjacent residential properties to the north will be minimized through a minimum separation of 15.0 metres from the north lot line and compatible building heights; • orienting Block 1 to be parallel with Kingston Road will assist in framing the street line and creating a consistent streetwall along the public roadway; • proposing building heights of 3 ½ storeys adjacent to Kingston Road will assist in creating an appropriate human-scaled pedestrian realm; • providing a minimum setback of 4.5 metres from Kingston Road and a minimum setback of 5.2 metres from the proposed private road will provide sufficient space for landscaping and private outdoor amenity space for units without imposing on the pedestrian walkways or right-of-way; • primary entrances to units within Block 1 are located to be highly visible, face Kingston Road, and provide a direct pedestrian connection to the future municipal sidewalk; • locating the outdoor amenity area adjacent to Kingston Road will maximize visibility from the street, and assist in creating an inviting and safe space; • providing a minimum building separation of 12.0 metres between each Block will ensure appropriate access to sunlight, and maintain privacy for the residents; • providing a private road through the subject lands is consistent with the requirements of the Whites Precinct, which demonstrate an east-west private road traversing through the north portion of the site; • utilizing a private road through the north portion of the subject lands will maximize use of existing access locations along Kingston Road and provide connectivity between adjacent properties; Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 10 • implementing 2 barrier-free walkway connections between the subject site and future sidewalks along Kingston Road will ensure a seamless grade transition that is easily accessible by pedestrians and cyclists, and serving all users; • minimizing the total amount of surface parking to 20 spaces and providing a landscape buffer of at least 3.0 metres along the north property line will minimize negative visual impact on adjacent properties; • maximizing landscaped open space and providing approximately 40 percent of the site as a landscape surfacing will assist in reducing stormwater run-off and exceeds the minimum requirement of 10 percent soft-landscaping; and • strategically locating the site access, surface parking, loading areas and underground parking access internal to the site and behind the proposed buildings provides for an improved streetscape along Kingston Road. Based on the foregoing, staff are satisfied that the proposal reflects the general intent of the Council endorsed Draft Urban Design Guidelines. Through the site plan review process, staff will continue to ensure the site design and architectural treatment of the proposed buildings is consistent with the Urban Design Guidelines for the Kingston Road Corridor. 3.4 The proposed development is compatible with the character of the surrounding Neighbourhood and provides for an appropriate transition in built form An area resident has expressed concern that the proposed stacked townhouse buildings will not maintain the character of the neighbourhood immediately to the north or provide an appropriate transition in the built form to the existing detached dwellings along Sheppard Avenue. The intention of the Kingston Road Corridor and Specialty Retailing Node Intensification Plan is to provide for intensification within the corridor while ensuring that an appropriate transition in built form is provided to minimize negative impact on existing low-rise residential areas. Compatibility and appropriate transitioning of the proposed stacked townhouse buildings with the immediate neighbourhood is achieved by dealing with the elements of scale, massing, siting, and setbacks. The surrounding residential neighbourhood immediately to the north, along Sheppard Avenue, consists of 1 and 2-storey detached dwellings on existing large lots with depths of approximately 100 metres. Block 3, which will be located nearest to the existing detached dwellings along Sheppard Avenue, will be a maximum of 3-storeys in height (approximately 12.5 metres), will be setback a minimum of approximately 15.0 metres from the north lot line and will maintain a building separation of approximately 78 metres to the nearest dwelling to the north. Within this setback, a 3.0-metre wide landscape buffer and a 1.8-metre high wood privacy fence will be provided along the entire length of the north property line. The proposal will achieve an appropriate transition from the existing residential neighbourhood immediately to the north by maintaining substantial building setbacks and building separation. The future landscaping and privacy fence will minimize any concerns regarding privacy and overlook for existing residents to the north. Further, the applicant is proposing to implement building heights that are compatible with the heights of buildings within the surrounding area. Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 11 3.5 TRCA and the City support the principle of piping the Amberlea Creek tributary and appropriate ecosystem compensation will be secured As part of the proposed development, the applicant is proposing to realign and enclose the portion of the Amberlea Creek tributary that currently bisects the subject lands. Area residents have expressed concern with the loss of vegetation and natural habitat as a result of piping the tributary. They have also expressed that the piping of the tributary will negatively impact the properties to the north that already experience high water levels. The Woodlands Neighbourhood policies support the principle of piping the Amberlea Creek tributary. The policies require any proposal to pipe the tributary to be supported by environmental and stormwater management reports, and the appropriate approvals and permits. In support of the proposed development and proposal to realign/enclose the Amberlea Creek tributary, the applicant has prepared and submitted the following: • Functional Servicing and Stormwater Management Report, prepared by Cole Engineering Group Limited; • Environmental Impact Study, prepared by North-South Environmental Inc.; and • a Flood Plain Impact Study, prepared by IBI Group Professional Services. The submitted information provided the following: an assessment of environmental features and their functions on the subject lands; an assessment and comparison of the current and future floodplains; and an identification of technical measures to ensure stormwater could be adequately managed on-site. The supporting information concluded that there were no significant features or species identified within the woodland, and the proposal would not substantially impact the floodlines outside of the subject site. The submitted Environmental Impact Study outlined that the development of the lands would result in the loss of 0.22 of a hectare of deciduous forest and 120 metres of the creek. The submitted supporting information has been reviewed by the TRCA and the City’s Engineering Department. Based on this review, both TRCA and the City accept the piping of the Amberlea Creek tributary. As compensation for the piping of the tributary and loss of on-site vegetation, the applicant is required to provide a financial payment to the TRCA of approximately $425,123.75, to be used by the City and/or the TRCA for habitat improvements elsewhere within the Frenchman’s Bay Watershed. This compensation has been established using the TRCA Guideline for Ecosystem Compensation, where 0.66 of a hectare of replacement forest planting, 120 metres of creek replacement, and 0.22 of a hectare of land-base is required for compensation. Before issuing Site Plan Approval and obtaining a TRCA Permit for the proposed development, the applicant will be required to provide the compensation payment to the satisfaction of the City and TRCA. Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 12 3.6 An east-west road connection from Delta Boulevard will be constructed by the applicant in conjunction with the development of the subject lands The Woodlands Neighbourhood policies provide direction on transportation matters including shared accesses, and easements between properties to provide vehicular access from Delta Boulevard where full turning movements at Kingston Road are available, easterly across the Mixed Corridor lands on the north side of Kingston Road to the ‘former’ Dunbarton School site, which is now occupied by a commercial plaza. To provide for the shared vehicle access between adjacent properties required under the Official Plan, the applicant is proposing an east-west private road, which will extend across the entire north portion of the subject site. In 2014, the Durham Region Land Division Committee approved a vehicular/pedestrian access easement in favour of the subject lands over the adjacent property to the east, 780 Kingston Road. This easement enables the subject lands to share the existing Kingston Road access at 780 Kingston Road. A reciprocal access easement will be required in favour of 780 Kingston Road, over the proposed east/west private road. This easement will provide a connection west through the subject lands to the northwest corner of the site to access Delta Boulevard through lands currently owned by the City. These City-owned lands are intended to be developed as a public road that will connect the proposed private road to Delta Boulevard, which currently terminates in a cul-de-sac. The applicant has agreed to front-end the design and construction of the public road connection through the site plan approval process. The City will reimburse the applicant's costs for the construction of this road, once the road has been constructed to the City’s satisfaction. The road has been identified as a Development Charge Funded Project with a cost of approximately $125,000.00. 3.7 Agreements related to maintenance, expenses and liability associated with shared access easements will be the responsibility of private property owners The adjacent property owner immediately to the east at 780 Kingston Road has requested that the following be required from the applicant if the proposal will utilize the shared access on their lands: a cost-sharing agreement regarding expenses; maintenance agreements; indemnity agreements and assumption of liability agreements; and other such relevant agreements including those which will be assumed by any condominium corporation once the proposed stacked townhouse development has been registered. As outlined previously, a vehicular/pedestrian access easement in favour of the subject lands over 780 Kingston Road was approved by the Durham Region Land Division Committee in 2014. A reciprocal access easement will be required in favour of 780 Kingston Road, over the proposed east/west private road within the proposed development. This access easement will align with the existing access easement over 780 Kingston Road in favour of the subject lands. Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 13 Further agreements not associated with access, such as those related to cost-sharing, maintenance and liability, are the responsibility of private property owners to negotiate independently. 3.8 The proposal will have minimal traffic impacts on the surrounding road network In support of the rezoning application, the applicant has submitted a Transportation Impact Study (TIS), prepared by Stantec Consulting Ltd. The TIS investigated the traffic conditions and effects of the proposed development on the surrounding road network, including the intersections of Kingston Road and the shared access at 780 Kingston Road; Kingston Road and Delta Boulevard; and Kingston Road and the Highway 401 Westbound Ramps. The study collected data on existing traffic levels on October 4, 2018. The study found that during the morning peak hour (approximately between 6:00 am and 9:00 am) the development is anticipated to generate approximately 32 new 2-way trips (8 inbound and 24 outbound trips) and during the afternoon peak hour (approximately between 3:00 pm to 6:00 pm) approximately 39 new 2-way trips (24 inbound and 15 outbound). The study concluded that the proposed development will not result in any adverse traffic impacts at the study intersections or the surrounding road network due to the low volume of trips anticipated to be generated from the development. Both the Region of Durham Works Department and Engineering Services have reviewed the submitted TIS and concur with the consultant's recommendations. 3.9 Sufficient resident and visitor parking is provided to support the proposed development The proposal provides for a total of 88 residential parking spaces and 18 visitor parking spaces, which represents a minimum parking ratio of 1.0 space per dwelling unit and an additional 0.2 of a space per dwelling unit for visitors. The lands are located along Kingston Road, a Regional Transit Spine, which is currently serviced by Durham Region Transit bus services. The current transit services available are anticipated to be further improved with the introduction of the Durham-Scarborough Bus Rapid Transit (BRT) project that will run the entire length of Kingston Road within Pickering. The BRT project will build upon previous improvements and services associated with the Regional PULSE transit services and will introduce rapid bus transit services between the Scarborough Town Centre and Downtown Oshawa, which will assist in reducing the reliance on personal vehicles and parking demands for the subject lands. The proposed development is also located adjacent to several existing commercial plazas, which provides for a variety of personal service, restaurant, grocery and retail uses within a 5-minute walking distance. To support the proposed parking ratios, the applicant has provided a Parking Assessment within the submitted Traffic Impact Study, prepared by Stantec, which identified that the proposed reduction in residential parking is appropriate, for the following reasons: Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 14 • the lands are located in a transit-supportive area which is well served by existing surface transit; • the proposed BRT stop at Kingston Road and Whites Road will provide further opportunities for the residents to shift to the preferred transit mode and depend less on the privately owned vehicles; • the presence of adjacent retail use and the proximity to commercial land uses at Kingston Road and Delta Boulevard will encourage more trips by active modes; • dedicated bicycle lanes between Steeple Hill and Delta Boulevard would contribute to reducing car ownership and promote active transportation as a mode for travel; and • sidewalks along Kingston Road, as proposed, would encourage walking as a mode and enhance the safety of pedestrians. Staff are supportive of the proposed residential parking ratios based on the proximity of the development to existing services and the current and planned public transit services available along Kingston Road. 3.10 Response to Additional Key Concerns The table below summarizes the key concerns raised to date and staff’s response. Concerns Staff’s Response Negative construction impact, including noise, dust and vehicles A Construction Management Plan will outline mitigation measures to minimize negative construction impacts Before the construction of any buildings, the applicant will be required to apply for Site Plan Approval. As a part of the detailed site plan application submission, the applicant will be required to prepare and submit a Construction Management Plan to the satisfaction of the City’s Engineering Services, which addresses a variety of mitigation measures to be implemented during the construction process to minimize negative noise, dust and traffic impacts. The mitigation measures could include a gravel mud mat and a construction staging area, and sediment fencing. As part of the Site Plan Approval process, the applicant will be required to enter into a Site Plan Agreement with the City. A condition of the Site Plan Agreement will require that the applicants implement the measures outlined in the submitted Construction Management and Erosion/Sediment Control Plan as approved by City staff. Stormwater run-off concerns The proposed development will not result in a stormwater impact on adjacent properties to the north Stormwater from the proposed development will not be directed onto adjacent lands and will be accommodated within the limits of the subject lands. The applicant has submitted a Functional Servicing and Stormwater Management Report (FSSR) as well as preliminary grading and servicing plans, which have been reviewed by the City’s Engineering Servicing Department. The submitted FSSR and associated plans are required to Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 15 Concerns Staff’s Response demonstrate that the subject lands, once redeveloped, can be serviced and can accommodate stormwater and not direct drainage to adjacent properties. As part of the Site Plan Approval process, the City will continue the review of detailed grading and drainage plans to ensure that no stormwater or drainage is directed towards adjacent lands. Once the grading plan has been approved by City staff, the applicant will be required to conduct such grading works in accordance with the approved plan. An increase in traffic along the east-west driveway will result in negative noise and light impact on properties to the north The proposed east/west private road will not result in a negative impact on adjacent residential properties The east/west private road proposed along the north portion of the subject lands provides a necessary vehicular and pedestrian connection through the subject lands from Delta Boulevard and the adjacent property to the east, as required under the City’s Official Plan. The private road will be setback a minimum of 3.0 metres from the north lot line and will be screened by landscape plantings and a wood privacy fence with a minimum height of 1.8 metres. The proposed landscape buffer and a wood privacy fence will minimize any noise or light penetration beyond the north property line. Additionally, this road is intended to act as a secondary route with the majority of vehicular traffic still intended to utilize Kingston Road as the primary point of access. Negative impact on private property values Negative impact on residential private property values as a result of the proposal is unlikely Property value is influenced by several factors such as location, proximity to services and amenities, local economics, home improvements and condition, home and property size, and dwelling style. Impact on property value is not a consideration under the Planning Act in the review of development applications. However, appropriate development that is compatible with the surrounding neighbourhood can positively contribute to property values in the immediate area and the community as a whole. 3.11 Technical matters will be addressed through Site Plan Approval Detailed design issues will be dealt with through the site plan approval and draft plan of condominium process. These requirements will address matters such as, but not limited to: • ecosystem compensation; • mutual-access easements; • drainage and grading; Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 16 • site servicing; • cash-in-lieu of parkland; • requirements for a Construction Management Plan; • landscaping; • resident, visitor and accessible parking spaces; • emergency vehicle access; • waste management collection; • location of community mailboxes; and • location of water meter room, hydro transformers, gas meters and other utilities. 3.12 Conclusion Staff supports the Zoning By-law Amendment Application A 11/19 and recommends that the site-specific implementing by-law, containing the standards set out in Appendix I to this report, be finalized and brought before Council for enactment. 3.13 Applicant’s Comments The applicant supports the recommendations of this report. Appendix Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 11/19 Attachments 1. Location Map 2. Air Photo Map 3. Original Conceptual Site Plan (2019) 4. Second Submission Conceptual Site Plan (2020) 5. Revised Conceptual Site Plan (2021) 6. Conceptual Elevation – View from Kingston Road 7. Conceptual Elevation – View from Private Road Report PLN 35-21 September 13, 2021 Subject: Amberlea Creek Developments Inc. (A 11/19) Page 17 Prepared By: Original Signed By Cody Morrison Principal Planner, Development Review Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO & Urban Design CM:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 35-21 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 11/19 Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 11/19 That the implementing zoning by-law permit a residential condominium development in accordance with the following provisions: A. Zoning Provisions for Residential Development Permitted Uses 1. Permitted uses include: Stacked Back-to Back Townhouse Dwellings Building Restrictions 2. All buildings and structures shall be located entirely within a building envelope with: a minimum setback of 4.5 metres from the building to Kingston Road, and the east and west property line; and a minimum setback of 15.0 metres from the building to the north property line. 3. Minimum build-to-zone of 3.0 metres along Kingston Road. 4. No building or portion of a building or structure shall be erected within the building envelope, unless a minimum of 60 percent of the entire length of the build-to-zone is occupied by a continuous portion of the exterior wall of a building. 5. Stairs; cover and uncovered porches and platforms; bay, box and bow windows; balconies, box windows; eaves; canopies, window sills and other similar features are permitted to project beyond the building envelope, but no closer than 1.0 metre to any lot line. 6. Minimum separation between buildings: 12.0 metres. 7. Maximum number of dwellings units: 88 8. Maximum building height of 13.0 metres. Parking Requirements 9. Minimum 1.0 parking space per dwelling unit to be provided within an underground garage plus a minimum of 0.2 of a parking space per dwelling unit for visitors to be provided in an underground garage or surface parking area or a combination of the two. 10. No parking lot or parking space shall be permitted within 15.0 metres of the north property line. 11. Minimum 1.0 bicycle parking spaces per dwelling unit. 12. The minimum right-of-way width for a private street shall be 3.8 metres for one-way traffic and 6.5 metres for two-way traffic. Landscape Area and Private Residential Amenity Area 13. Private outdoor amenity area: a. Minimum Area: 4.5 square metres per unit 14. Minimum balcony depth: 1.5 metres 15. Common amenity: a. Minimum 590 square metres at grade outdoor amenity area 16. Minimum landscape buffer width along the north lot line: 3.0 metres. Attachment #1 to Report #PLN 35-21 Whites RoadKingston RoadEdgewood RoadShadybrook Drive Cobblers Court Kates Lane Sheppard Avenue Dunfair Street Marinet CrescentDeltaB o ule vardWeyburn SquareBayly StreetHighway 401 ShadybrookTot Lot City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 11/19 Date: Jul. 28, 2021 Amberlea Creek Developments Inc. 760-770 Kingston Road SubjectLands DunbartonHigh School L:\PLANNING\01-MapFiles\A\2019\A 11-19 - Amberlea Creek Development Inc\A11_19_LocationMap_v2.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Attachment #2 to Report #PLN 35-21 Whites RoadKingston RoadEdgewood RoadShadybrook Drive Omega Drive Cobblers Court Kates Lane Sheppard Avenue Dunfair Street Marinet CrescentDeltaB o ule vardWeyburn SquareBayly StreetHighway 401 Air Photo MapFile:Applicant:Municipal Address: A11/19 Date: Jul. 28, 2021 Amberlea Creek Developments Inc. 760-770 Kingston Road SubjectLands L:\PLANNING\01-MapFiles\A\2019\A 11-19 - Amberlea Creek Development Inc\A11_19_AirPhoto_v2.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Attachment #3 to Report #PLN 35-21 Oct. 10, 2019DATE: Applicant: Municipal Address: File No: FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department Original Conceptual Site Plan (2019) L:\Planning\01-MapFiles\A\2019 A 11/19 Amberlea Creek Developments Inc. 760-770 Kingston Road Amenity Area 2 Amenity Area 1 Attachment #4 to Report #PLN 35-21 Second Submission Conceptual Site Plan (2020) City Development Department August 11, 2021FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 11/19 Amberlea Creek Developments Inc.Applicant: Municipal Address: DATE: File No: 760-770 Kingston Road L:\Planning\01-MapFiles\A\2019 Attachment #5 to Report #PLN 35-21 Revised Conceptual Site Plan (2021) City Development Department August 11, 2021FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 11/19 Amberlea Creek Developments Inc.Applicant: Municipal Address: DATE: File No: 760-770 Kingston Road L:\Planning\01-MapFiles\A\2019 Kingst o n R o a d Adjacent Area Commercial Road Connection to Delta Boulevard Future Public Area Commercial Adjacent Attachment #6 to Report #PLN 35-21 L:\Planning\01-MapFiles\A\2019 August 11, 2021DATE: Applicant: Municipal Address: File No: Conceptual Elevation - View from Kingston Road FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 11/19 760-770 Kingston Road Amberlea Creek Developments Inc. Attachment #7 to Report #PLN 35-21 L:\Planning\01-MapFiles\A\2019 August 11, 2021DATE: Applicant: Municipal Address: File No: Conceptual Elevation - View from Private Road FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 11/19 760-770 Kingston Road Amberlea Creek Developments Inc.