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HomeMy WebLinkAboutPLN 21-24Report to Planning & Development Committee Report Number: PLN 21-24 Date: June 10, 2024 From: Kyle Bentley Director, City Development & CBO Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision SP-2023-01 Draft Plan of Condominium CP-2023-02 Liverpool Road Limited Partnership (607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street) Recommendation: 1. That Official Plan Amendment Application OPA 23-001/P, submitted by Liverpool Road Limited Partnership, to re-designate the lands located on the southwest corner of Liverpool Road and Annland Street from “Urban Residential Areas – Low Density Areas” and “Open Space System – Marina Areas” to “Urban Residential Areas – Medium Density Areas” to facilitate a residential common element condominium development be approved, and that the draft by-law to adopt Amendment 51 to the Pickering Official Plan as set out in Appendix I to Report PLN 21-24 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 02/23, submitted by Liverpool Road Limited Partnership, to facilitate a residential common element condominium development consisting of a maximum of 51 townhouse units, 10 of which will contain commercial floorspace at-grade fronting Liverpool Road, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix II to Report PLN 21-24, be finalized and forwarded to Council for enactment; and 3. That Draft Plan of Subdivision Application SP-2023-01, submitted by Liverpool Road Limited Partnership, to establish a development block to facilitate a residential condominium development and a block for common amenity space, as shown in Attachment 5 to Report PLN 21-24, and the implementing conditions of approval, as set out in Appendix III, be endorsed. Executive Summary: The purpose of this report is to obtain Council’s decision regarding applications submitted by Liverpool Road Limited Partnership. These applications include Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to facilitate the development of a residential common element condominium with 51 townhouse units. The subject properties are located west of Liverpool Road, north of Wharf Street, and south of Annland Street in the Bay Ridges Neighbourhood. The subject lands include nine properties, PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 2 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership municipally known as 607 and 609 Annland Street, 640 Liverpool Road and 1276, 1280, 1288, 1290, 1292 and 1294 Wharf Street (see Location Map and Air Photo, Attachments 1 and 2). In 2023, Liverpool Road Partnership Limited submitted applications for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium to facilitate a residential common element condominium development consisting of 51 townhouse units accessed through an internal private road and Wharf Street. The units fronting Liverpool Road are designed to be live/work units with a minimum of 50 square metres of ground-floor space intended for commercial uses. In response to feedback from area residents and technical comments expressed by City staff, the applicant has made minor refinements to the conceptual plan. These include increasing the commercial floor space for the live/work units, providing a pedestrian connection from Wharf Street to the interior private road, and relocating the landscaped entry feature to the northwest corner of Liverpool Road and Annland Street to create a commemoration open space for the former Avis House. Residents expressed concerns about parking, traffic, urban design, commercial uses, dwelling construction, property maintenance, public connections and natural areas. These issues have been addressed by the applicant through revisions to the plan, submission of additional supporting materials, and conditions of draft plan approval. City Development staff support the proposed development. It is consistent with Provincial Plans and conforms to the Durham Regional Official Plan. Although the current Pickering Official Plan designation does not permit the requested number of units, the proposal can be supported as it represents a logical and orderly development. The modest increase in density extends the pattern of townhouse development from the south. The proposed built form maintains the intent of the Liverpool Road Waterfront Node Development Guidelines and contributes to the nautical village. The height, massing and scale of the proposed townhouse units are consistent with the range of dwelling types and built forms within the established surrounding neighbourhood, enhancing the streetscape along Liverpool Road, Annland Street and Wharf Street. To address the loss of the Avis House, staff request that the applicant continue to work with City staff through the Site Plan Approval process to explore options for enlarging the private park space at the northwest corner of Liverpool Road and Wharf Street. This space should be sufficiently sized to accommodate robust landscaping, seating and commemoration features, including a public art installation. Accordingly, staff recommends that Council approve Official Plan Amendment Application OPA 23-001/P, Zoning By-law Amendment Application A 02/23, and Draft Plan of Subdivision Application SP-2023-01, including the conditions of draft plan approval. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 3 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership 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. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Discussion: The purpose of this report is to obtain Council’s decision regarding applications submitted by Liverpool Road Limited Partnership. These applications include an Official Plan Amendment, a Zoning By-law Amendment and a Draft Plan of Subdivision. The applicant is proposing to re-designate the subject lands from “Urban Residential Areas – Low Density Areas” and “Open Space System – Marina Areas” to “Urban Residential Areas – Medium Density Areas”, and establish site-specific zoning performance standards to facilitate a residential common element condominium containing a maximum of 51 townhouses, including 10 live/work units fronting Liverpool Road. Additionally, the applicant is seeking approval of a draft plan of subdivision to allow the applicant to create the privately owned parcels of tied land through a process called “lifting part lot control”. 1. Background 1.1 Property Description The subject properties are located west of Liverpool Road, north of Wharf Street, and south of Annland Street. The subject lands comprise nine properties, municipally known as 607 and 609 Annland Street, 640 Liverpool Road and 1276, 1280, 1288, 1290, 1292 and 1294 Wharf Street (see Location Map, Attachment 1). The lands have a combined area of approximately 1.17 hectares, with approximately 77.6 metres of frontage along Liverpool Road, 144.3 metres of frontage along Wharf Street, and 146.6 metres of frontage along Annland Street. The parcel of land along Frenchman’s Bay (1276 Wharf Street) does not have street frontage. The properties at 1280, 1288 and 1290 Wharf Street, 607 Annland Street, are currently occupied by detached dwellings. The rear yard of 1290 Wharf Street is currently used for the outside storage of boats. 640 Liverpool Road was previously occupied by a detached dwelling. 609 Annland Street and a part of 640 Liverpool Road are currently leased by the City of Pickering for a gravel-surfaced, seasonal public parking lot. The property at 1292 Wharf Street is used for outside storage of equipment and materials. A metal accessory building and outside storage occupy 1294 Wharf Street. Surrounding land uses include (see Air Photo Map, Attachment 2): North: Across Annland Street is an established residential subdivision consisting of one to three-storey detached dwellings. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 4 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership East: Across Liverpool Road is an established residential subdivision consisting of one to three-storey detached dwellings. South: Across Wharf Street are three-storey townhouses, a condominium complex consisting of three-storey townhouse dwellings, a restaurant (Port Restaurant), and a waterfront property occupied by a detached dwelling. West: Immediately to the west are three waterfront properties, one being occupied by a detached dwelling, and the other two being utilized for outside storage of boats and equipment; a 7.0 metre wide easement in favour of the Region of Durham is registered over a portion of the vacant lands immediately to the west to accommodate a 4.5 metre wide trunk sanitary sewer, serving areas to the north within the Bay Ridges Community, and a private right-of-way providing access to 1276, 1280 and 1288 Wharf Street. Further west is Frenchman’s Bay. 1.2 Avis House 640 Liverpool Road was previously occupied by a single detached dwelling, known as the Avis House (see Figures 1 and 2, below). At the time the applications were made, the building was not listed on the City’s Municipal Heritage Register or designated under Part IV or V of the Ontario Heritage Act. However, the building was identified on the City’s Inventory of Heritage Properties. Constructed circa 1850, the former house and tavern retained physical value as a rare surviving example of an Ontario Vernacular frame house with Georgian influences. Characteristic of the style, the Avis House was one-and-a-half storeys tall, had a three-bay symmetrical façade and the exterior was originally clad with pebble dash stucco cladding. This cladding was fashionable in the late Regency aesthetic, popular between 1830 and 1850. 640 Liverpool Road is historically associated with William Walter Sparks and the Avis Family. William Sparks was a notable resident who served as Harbourmaster of Frenchman’s Bay. He was prominent in local politics until his death in 1917, sitting on Pickering’s Council and acting as Township Reeve and Deputy Reeve. The Avis Family owned the property between 1893 and 2021. The property was associated with the early settlement of Fairport Village, the development of Frenchman’s Bay as an economic hub, and as a leisure area in the early twentieth century. Furthermore, through its function as a tavern from the 1850s into the early twentieth century, the property played an important role as a social and community centre. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 5 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership Figure 1: Avis House (right) and tavern (left) (viewed from Wharf Street) c. 1905, (Pickering Public Library) Figure 2: Avis House (viewed from south and northwest, respectively) c. 2023, Heritage Studio Despite ongoing discussions regarding the documented heritage value of the building and the retention of the dwelling, which is further detailed under Section 3.5 of this report, the applicant obtained a demolition permit and demolished the building in November 2023. 1.3 Applicant’s Initial and Current Proposal Liverpool Road Partnership Limited submitted applications for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium to facilitate a residential common element condominium development consisting of 51 townhouse units accessed through an internal private road and Wharf Street. The conceptual site plan illustrates a total of four rear-lane townhouse blocks (Blocks 1 to 4), containing a total of 20 units fronting Annland Street and Liverpool Road with parking and garage access at the rear of the dwelling units. Units fronting Liverpool Road are proposed to be live/work units, with dedicated commercial space at-grade. The remaining six PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 6 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership townhouse blocks (Blocks 5 to 10), are proposed to be traditional street townhouses consisting of 31 units, and will have parking and garage access at the front of each dwelling unit (see Original Conceptual Site Plan, Attachment 3). All of the townhouse units are proposed to be three storeys in height. The private amenity space for the rear-lane units will be second and third-floor balconies along the front and rear of the units, while private rear yards will be provided for the street townhouse units. Through collaboration with City staff, the applicant has made minor refinements to their proposal to address concerns raised by area residents (see Revised Conceptual Site Plan, Attachment 4): • slightly increasing the commercial floor space for the live/work units from 45 square metres to 50 square metres • relocating the landscaped entry feature, initially proposed between Blocks 3 and 4, to the northwest corner of Liverpool Road and Annland Street, which will be a privately owned, publicly accessible open space, intended to commemorate the Avis House • providing a walkway connection between Wharf Street and the internal private road • reducing the maximum front yard porch and step projection of internal units from 3.0 to 2.5 metres to provide additional soft-landscaping and snow storage Vehicular access to the internal private road is to be provided through two full-moves accesses along the northerly portion of the site from Annland Street, and a single full-moves access from Wharf Street. The Wharf Street access is proposed to be aligned with an existing private road connection on the south side of Wharf Street, which provides access to the residential condominium complex immediately to the south. A 1.5 metre wide pedestrian walkway is proposed along one side of the private road and will provide connections to existing sidewalks on Liverpool Road and Annland Street. Resident parking for both the rear-lane townhouses and street townhouses, is proposed at a ratio of two parking spaces per dwelling unit. The street townhouses and rear-lane townhouses fronting Liverpool Road will accommodate one parking space within a private garage, and one space on a driveway. Parking spaces for the rear-lane townhouses fronting Annland Street will be accommodated within a double private garage. These units will not have a surface driveway. Visitor parking is provided at a rate of 0.34 spaces per unit, for a total of 18 parking spaces, which will be distributed throughout the site. The proposal provides a 350-square metre outdoor amenity area located to the west of the residential proposal, adjacent to Frenchman’s Bay. It is proposed to be accessed through a walkway connection from the residential development. This portion of land is currently landlocked as it is not contiguous with the applicant’s land ownership. To access this parcel, the applicant will be required to obtain an access easement over 1272 Wharf Street. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 7 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership The applicant has also applied for Draft Plan of Subdivision. The draft plan creates a single block for residential use and a block for the private amenity area adjacent to Frenchman’s Bay (see Submitted Draft Plan of Subdivision, Attachment 5). Obtaining draft plan approval is a technical requirement to allow the applicant to create the privately owned parcels of tied land through a process called “lifting part lot control”. The application for Draft Plan of Condominium will establish the common elements of the proposal (see Revised Draft Plan of Condominium, Attachment 6). The common element features include the private amenity spaces, the water meter room, visitor parking areas, the private road and the internal pedestrian walkways. The development will be subject to site plan approval. 2. Comments Received 2.1 Comments received in writing and expressed at the May 4, 2023, Public Open House Meeting and June 5, 2023, Statutory Public Meeting A Public Open House was held on May 4, 2023. Approximately 25 residents attended. A Statutory Public Meeting was held on June 5, 2023, at which four delegations provided comments. The following is a list of key comments and concerns that were expressed at the Open House, Statutory Public meeting, and written submissions received: • stated that they support the re-development of the lands and that the proposed townhouse design complements the existing character of the surrounding area • commented that the scale and layout of the proposed development will integrate into the existing neighbourhood • outlined that the proposed townhouse units are a preferred, and more desirable built form, than an apartment building • requested the applicant consider an alternative built form that is more accessible to seniors, such as three-storey apartments, or single-floor stacked townhouse units • requested additional window glazing and increased ceiling heights, be provided for the live/work units along Liverpool Road, and that minimum standards for such be included in the zoning by-law • requested the live/work units along Liverpool Road be setback further from the property line to provide additional space for outdoor uses associated with commercial businesses such as café or restaurant patios • concerned regarding the loss of the City’s surplus parking area currently located on the subject lands • requested an increase in By-law Services monitoring of local streets within the community for parking infractions, should this proposal move forward ahead of the City securing new parking areas to replace the loss of the surplus parking lot PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 8 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership • commented that a reduction in the proposed parking ratios could encourage less vehicular traffic to and from the subject lands • concerned that the proposal will worsen existing vehicular traffic, particularly during the summer months • requested a new stop sign be provided at the intersection of Liverpool Road and Commerce Street • concerned the proposed units fronting and having driveway access from Wharf Street will increase traffic movements and vehicular trips along Wharf Street, negatively impacting existing property owners • concerned that the proposal will provide inadequate visitor parking to support the proposed units, resulting in parking on municipal roadways • questioned if employee parking will be provided for the proposed live/work units • concerned that the proposal would compound an existing parking problem at the south end of Liverpool Road and the broader community • commented that the proposal provides insufficient parking, and that each unit will require parking for more than two vehicles • requested that future construction be scheduled to avoid negative impacts on existing wildlife on the subject lands • outlined the proposed architectural design and building materials appear to be of low quality and would pose a long-term maintenance issue • requested that a high-quality urban design, sympathetic to the existing nautical village character of the area, be provided • suggested the applicant consider providing a swimming pool as a part of the common element amenity space • questioned if the applicant is considering providing private boat slips (dock condominiums) along Frenchman’s Bay • questioned who the future construction company will be • questioned if bird-friendly glazing could be provided in future units • requested the waterfront parcel be publicly accessible and connected by dedicated continuous pathways along the waterfront • concerned regarding the future maintenance and/or alteration of approved architectural design and landscape features • requested a commemorative plaque be included within the future development recognizing the previous Avis family ownership of 640 Liverpool Road The following are comments expressed by Members of the Planning & Development Committee at the Statutory Public Meeting: • inquired about the number of parks and open spaces in the surrounding area • requested clarification on whether the amenity space along the waterfront could be publicly accessible • questioned the number of vehicular connections proposed PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 9 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership • questioned whether the units would have basements or were at a risk for flooding • requested clarification on the number of parking space proposed • questioned if a wider variety of unit types could be considered for different demographics • questioned if there was assurance that there would not be negative impacts the Frenchman’s Bay as a result of the construction • inquired if the rehabilitation of the concrete wall on the waterfront parcel of land was proposed • questioned if electric vehicle charging infrastructure is proposed in the development 2.2 Agency Comments 2.2.1 Region of Durham • no objection to the proposal subject to the conditions of draft approval of the plan of subdivision and plan of condominium (common element) provided • the Region has requested that an “H” Holding Symbol be imposed on the subject site through the zoning by-law • the “H” Holding Symbol shall be in place until the owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provision of sewer and water services, Regional roads, and entered into any necessary agreements in this regard • sanitary sewerage capacity will be allocated and controlled through the execution of a servicing agreement with the Region • the Official Plan Amendment application is exempt from Regional approval, in accordance with Regional By-law 11-2000 • the proposed development is consistent with the policies of the Provincial Policy Statement that encourage the efficient use of land, infrastructure, and planned public service facilities, providing a compact built form at an appropriate density • the applications conform with the objectives of the Growth Plan for the Greater Golden Horseshoe, which encourages an array of housing types in the Province’s Built Boundary and will assist with reaching the City’s intensification allocation • the Regional Official Plan (ROP) designates the subject lands as “Living Areas”, “Waterfront Areas” and “Waterfront Places” • “Living Areas” are intended to be used predominantly for housing purposes with a full range of housing options at higher densities by intensifying and redeveloping existing areas, particularly along arterial roads • Lands within the “Waterfront Areas” shall generally be developed as people places • “Waterfront Areas” are to be developed as focal points along the Lake Ontario waterfront, having a mix of uses, which may include residential, commercial, marina, recreational, tourist, and cultural and community facilities • the applications will facilitate the intensification of an underutilized site with medium density residential infill development and add an array of housing types in the area, which is consistent with the policies of the ROP PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 10 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership • water and sanitary sewage capacity are currently available from the existing supply from Annland Street and trunk sewer immediately to the west of the lands; however, servicing capacity is only assigned and allocated upon execution of a development agreement with the Region of Durham 2.2.2 Toronto and Region Conservation Authority (TRCA) • the subject lands are within a TRCA Regulated Area of the Frenchman’s Bay Watershed, and a permit is required from the TRCA before any development takes place • the site is regulated with respect to the Provincially Significant Wetlands and high lake level (flooding) associated with the Lake Ontario shoreline along the west portion of the lands • TRCA initially requested that the parcel of land at 1276 Wharf Street be transferred into public ownership, however, recognizes that this parcel of land is not continuous with City or TRCA owned lands, which poses a long-term access and maintenance issue • TRCA staff are satisfied with the proposed development limits and the use of 1276 Wharf Street as a private amenity area, provided no structures or buildings are constructed on this parcel • the applicant has prepared an Environmental Impact Study to the satisfaction of the TRCA, which found that the risk to Frenchman’s Bay as a result of the proposed development is minimal, and can be mitigation through stormwater management mitigation measures • the applicant also prepared a Costal Study to the satisfaction of the TRCA, which found that the residential block of land was located beyond the shoreline hazard limit, and was not at risk of flooding • TRCA has no objections to the proposal, subject to the conditions of draft approval of the plan of subdivision and condominium provided, which include requirements for stormwater management measures, grading, and the submission of a restoration planting plan for the private amenity space 2.2.3 Durham District School Board • no objections to the proposal • students from this development will be accommodated within existing neighbourhood schools 2.2.4 Durham Catholic District School Board • no objections to the proposal • students from this development will attend Father Fenelon Catholic Elementary School located at 795 Eyer Drive and St. Mary Catholic School located at 1918 Whites Road PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 11 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership 2.3 Comments from City Departments 2.3.1 Engineering Services • no objection to the proposal, subject to the conditions of draft approval provided • the owner shall satisfy all requirements, financial and otherwise of the City of Pickering including, among other matters, the execution of a subdivision agreement between the owner and the City concerning the provision and installation of roads, services, grading, drainage, utilities, tree compensation, construction management, cash-in-lieu of parkland, noise attenuation, street lighting, public sidewalks and any other matters 2.3.2 Fire Services • no objections to the proposed development 2.3.3 Sustainability Sustainability staff have reviewed the Sustainable Development Report/Checklist, prepared by Brian Moss & Associated Ltd., dated April 22, 2024, and have no objection to the approval of the Official Plan and Zoning By-law Amendment applications to facilitate the proposed development. The applicant has noted that the proposal will achieve all mandatory Tier 1 requirements of the Integrated Sustainable Design Standards (ISDS) for low-rise residential development by including the following sustainability elements: • providing residents with educational information packages to familiarize them with the adjacent natural areas, including wildlife information, and other sustainability development features and lifestyle practices, such as anti-littering and illegal dumping • maintaining sufficient setbacks from natural features • constructing buildings to achieve the Energy Star® rating • providing street trees along the internal private road and public roads • using permeable pavement to capture and infiltrate run-off • providing native and drought tolerant landscape plantings • providing dedicated interior storage for separate recyclables, organics and garbage containers to support waste diversion and reduction • providing for EV charging in accordance with the ISDS Through the site plan approval process, the applicant will be required to demonstrate that the proposal has been designed in accordance with the City of Pickering Council-approved ISDS Checklist for Low Rise Residential Development. The final sustainable design features to be incorporated into the development will be presented to the Site Plan Review Panel for their feedback before the Director, City Development & CBO issues site plan approval. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 12 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership 3. Planning Analysis 3.1 The proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan The Provincial Policy Statement 2020, (PPS), provides provincial policy direction on land use planning. The PPS provides for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment. The PPS supports improved land use planning and management, which contributes to a more effective and efficient land-use planning system. The PPS indicates that healthy, livable and safe communities are to be sustained by, among other matters, promoting efficient development and land use patterns; accommodating an appropriate range and mix of residential; and avoiding development which may cause environmental concerns. 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 PPS also generally directs development and site alteration to locations outside of hazardous lands that would be impacted by flooding hazards and/or erosion hazards. The proposed development promotes residential intensification and provides appropriate density where existing infrastructure and public service facilities are available. The residential dwellings are proposed to be located outside of the 100-year flood plain of Frenchman’s Bay, which will protect the built environment. The proposed development is consistent with the PPS. A Place to Grow sets out a planning vision for growth throughout the Greater Golden Horseshoe. The subject lands are located within the “built up area” of the City of Pickering. The proposed development 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 currently built boundary of the Region and City. The proposed development provides for a compact form of development that is in keeping with the City’s growth management strategy to direct growth to infill development. The overall height, massing, and building form are sensitive to the surrounding residential land uses within the community and continue the pattern of medium density development immediately to the south. The proposal conforms to the Growth Plan. 3.2 An amendment to the Pickering Official Plan is required The westerly portion of the subject lands (1276, 1280 and 1288 Wharf Street and 607 Annland Street) are designated “Open Space System – Marina Areas”, and the remaining lands (1290, 1292 and 1294 Wharf Street, 609 Annland Street and 640 Liverpool Road) are designated “Urban Residential Areas – Low Density Areas” within the Bay Ridges Neighbourhood. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 13 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership The “Open Space System – Marina Areas” designation provides for marinas, yacht clubs, marina supportive uses such as restaurants, limited retail sales, limited residential uses in conjunction with marinas and yacht clubs, and aquaculture, in addition to conservation, environmental protection, and agricultural uses. The “Urban Residential Areas – Low Density Areas” designation provides for housing and related uses, with a maximum net residential density of 30 units per hectare. The Bay Ridges Neighbourhood Policies recognize the subject lands as being within the “Liverpool Road Waterfront Node”, which is described as an area that exhibits a unique mix of built and natural attributes. Built form and public space within the Waterfront Node are to be of high-quality design with a nautical theme. The Bay Ridges Neighbourhood policies further restrict permitted uses on the subject lands, except the Liverpool Road frontage, to only non-residential uses listed above to strengthen and complement the existing working marinas of the area. The lands fronting Liverpool Road are further identified as “Liverpool Road Corridor”. Residential uses may be permitted up to a maximum density of 55 units per net hectare within the Corridor provided that a significant public benefit is achieved through the design and construction of the dwellings to allow the ground floors facing the street to be easily converted to accommodate a range of uses including the retailing of good and services, and offices by incorporating the Ontario Building Code construction requirements applicable to commercial uses. The applicant has proposed residential uses on the entirety of the subject lands resulting in a density of approximately 45 units per net hectare, which exceeds the permitted density range. To permit the development, the applicant has proposed an amendment to the Official Plan to re-designate the residential block from “Open Space System – Marina Areas” and “Urban Residential Areas – Low Density Areas” to “Urban Residential Areas – Medium Density Areas”, increasing the residential density from 30 units per net hectare to 45 units per net hectare. The amenity area lands adjacent to Frenchman’s Bay will remain designated “Open Space System – Marina Areas”. 3.3 The applicant’s request to increase the density on the subject lands is appropriate and is consistent with developments to the south in the Bay Ridges Neighbourhood Despite being identified as “Open Space System – Marina Areas” within the Official Plan, the existing townhouse condominium complex located immediately to the south (1295 Wharf Street) has a net residential density of approximately 35.2 units per net hectare. The density of the existing condominium development falls within the density range of the “Medium Density” designation. Annland Street, and Liverpool Road north of Annland Street, are identified as municipal collector roads within the City’s Official Plan, which are intended to carry local and neighbourhood traffic in greater volumes than local roads. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 14 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership The proposed residential development, consisting of three-storey townhouse units, is appropriate, desirable and in keeping with the existing building form of the immediately surrounding neighbourhood, which consists of detached and townhouse dwellings ranging between one to three storeys in height. The proposal provides for a modest increase in density that will further extend the pattern of townhouse development started to the south and continue the established streetscape along Liverpool Road. The residential units fronting Liverpool Road will maintain the Corridor policies by providing a minimum ground floor area of 50 square metres that will be constructed in accordance with the Ontario Building Code to be able to be used for commercial purposes. The live/work units will enable small-scale personal service and office uses to be established along Liverpool Road, servicing the community, as envisioned. The proposal is located along two collector roads that can accommodate the traffic generated by this development. The proposal will also assist in providing for a mix of housing forms and tenure within an area that is well-serviced by existing infrastructure and will assist the City in achieving its intensification targets. The subject lands do not have water frontage or access to Frenchman’s Bay. The lands do not currently contain an operating marina or support a marina in the surrounding area. As such, the residential proposal will not interfere with the existing marina operations located to the south of the lands on Frenchman’s Bay or preclude the lands to the west of the subject lands, which have water access, to be used to support marina functions. 3.4 The proposal is consistent with the requirements of the Liverpool Road Waterfront Node Development Guidelines The Liverpool Road Waterfront Node Development Guidelines were adopted by Council in 2002 to provide design objectives for the waterfront area in Bay Ridge Neighbourhood. The Guidelines indicate that the westerly portion of the subject lands as a “Marina Mixed Use Area”, and the Liverpool Road frontage as “Liverpool Road Corridor”. Lands in the Marina Mixed Use Area are intended to be developed in a manner that creates a high-quality built form that is sensitive to views of the water, provides a critical link for visual and physical public accessibility to the waterfront where appropriate, has an attractive pedestrian scale, and builds upon existing neighbourhood patterns. Lands within the Liverpool Road Corridor are intended to be developed to achieve a high level of design and architectural quality, featuring a vibrant pedestrian environment. This area represents the tourism and service commercial uses that complement the marina, recreation and waterfront trail uses within the Waterfront Node. Within the Liverpool Corridor, the ground floors of residential units fronting Liverpool Road are to be designed and constructed in such a way that the ground floor can be easily converted in the future to accommodate a range of uses. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 15 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership The Guidelines outline that architectural design consideration for new development should reflect the Great Lakes Nautical Village theme by incorporating design details, such as balconies, decks, front porches, wider doorways, street level access, awnings and window boxes. The Guidelines set out detailed development standards and policies addressing: • the protection of views and vistas • maintenance of existing road network • opportunities for additional off-road trail connections • continuance of street and block patterns • provision of pedestrian-friendly built form • creative parking strategies • compliance with relevant environmental management policies • stormwater best management practices ensuring post development flows are equal or better to that of predevelopment flows The proposed development will maintain and advance the priorities of the Development Guidelines through: • assembling developable lands to provide a cohesive development block • developing underutilized lands that have been identified as an area of opportunity for new development • orienting townhouse units to frame the public streets surrounding the site to provide a continuous streetwall along Liverpool Road, Annland Street and Wharf Street • maintaining existing visual connections to Frenchman’s Bay from Liverpool Road along Annland Street and Wharf Street • maintaining a consistent front yard setback as the existing condominium development to the south to create a consistent streetscape along the west side of Liverpool Road • placing buildings close to the street, and having active ground floor uses, promoting a safe public environment and enhancing the streetline of the waterfront trail • locating a pedestrian entrance to units facing Liverpool Road improves access to the building from the street, and creates a pedestrian-friendly and animated entryway (see Conceptual Elevations – Live/Work Units, Attachment 7) • articulating the townhouse units at the corner of the Liverpool Road and Annland Street Road intersection improving the prominence of the site from the north, and establishing a gateway to the nautical village • contributing to the range of uses and commercial opportunities along Liverpool Road through the provision of ten live/work units with ground floors that can be used for commercial purposes • incorporating front yard porches and second and third-floor balconies to contribute to the nautical village theme PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 16 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership • providing townhouse blocks with mansard-style roof designs to maintain consistency with the nautical architectural design established immediately to the south • providing building heights of three storeys near adjacent dwellings and incorporating decorative features such as turrets to create a visually interesting roofline (see Conceptual Elevations – Traditional Townhouse Units & Rear-Lane Townhouse Units, Attachments 8 and 9, respectively) • incorporating high-quality façade materials such as brick and natural stone in light colour tones will reflect the Great Lakes Nautical Village theme • aligning the new private road connection on the north side of Wharf Street with the existing private road connection on the opposite side of the road Based on the foregoing, staff are satisfied that the proposal reflects the intent of the Liverpool Road Waterfront Node Development Guidelines. Through the site plan review process, staff will continue to ensure the site design and architectural treatment of the proposed development is consistent with the Guidelines. 3.5 The applicant demolished an identified heritage resource (Avis House) Policy 8.1 in the Official Plan states that City Council shall respect its cultural heritage, and conserve and integrate important cultural heritage resources from all periods into the community. Policy 8.2 further states that Council shall foster public awareness and appreciation of the City’s cultural heritage and prevent the demolition of important heritage resources to the extent possible. In support of the proposed development, the applicant submitted a Cultural Heritage Review Letter, prepared by MHBC Planning, dated November 29, 2022. The Letter provided a high-level assessment of the cultural heritage significance of the property, if any cultural heritage resources may be adversely impacted by the proposed development and provided recommendations related to potential mitigation measures. The Letter outlines that the subject lands do not meet the legislated criteria for identifying cultural heritage value or interest under Ontario Regulation 9/06 as they determined the property only met one of the nine criteria. Further, the applicant also submitted a Building Condition Assessment report, prepared by Clarke Engineering, dated November 7, 2022, and a Hazardous Building Materials Survey, prepared by RiskCheck Environmental Ltd., dated December 2, 2022, which provided an assessment of the condition of the structure. The City retained a heritage consultant, Heritage Studio, to conduct a peer review of the submitted information and provide recommendations to the City. Through comments dated June 15, 2023, Heritage Studio identified that the existing dwelling appears to meet four of the nine criteria of Ontario Regulation 9/06, defining it as a “significant built heritage resource” in accordance with the Provincial Policy Statement, 2020, and thereby, making it a candidate for long-term protection under the Ontario Heritage Act. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 17 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership Heritage Studios identified that the feasibility of restoring or rehabilitating the house as part of the redevelopment plan was not established through the initial materials and its demolition would be premature. To determine the most appropriate conservation treatment for the dwelling, Heritage Studios concluded that the following should be submitted in support of the proposed applications: • an updated Cultural Heritage Review Letter, which provides additional historical research, including consultation with the community, Pickering Township Historical Society, Heritage Pickering Advisory Committee, etc., to conclusively identify the house’s cultural heritage value • further testing and identification of the mold to confirm if it is present in the frame structure and to determine the extent of needed remediation • establishing the feasibility of restoring/rehabilitating the house for continued residential use or commercial/restaurant use within the proposed redevelopment plan Staff agreed with the findings of Heritage Studios' analysis, and as a result, requested that the applicant explore opportunities to retain and restore the existing structure, and integrate it with the broader development proposal. Staff expressed to the applicant that the location of the former structure on the periphery of the subject lands made it an ideal candidate for preservation, without adversely impacting the broader development proposal. Despite the comments of the City’s Peer Review Heritage Consultant and request by staff, the applicant obtained a demolition permit and demolished the structure in November 2023, without preparing the revised Cultural Heritage Review Letter, or conducting a further structural assessment, to determine the feasibility of retaining and restoring the dwelling. 3.6 The applicant proposes to commemorate the demolished heritage resource by providing a privately owned, publicly accessible space at the northwest corner of Liverpool Road and Wharf Street The City’s Official Plan discourages the demolition, or inappropriate alteration, of heritage resources. When such resources are demolished, the City encourages the development of a commemoration plan to foster public awareness and appreciation of cultural heritage resources. Interactive forms of commemoration, such as public art installations, building murals, landscape features and commemorative parks, are recommended. Large-scale and more interactive commemorations foster an understanding of how heritage links past, present, and future communities. In this case, a further analysis of the building was not completed by the applicant before its demolition. Given that the dwelling met four of the nine criteria of Ontario Regulation 9/06, defining it as a “significant built heritage resource”, staff advised the applicant that a robust commemoration program is required to account for the complete loss of the resource. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 18 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership To account for the loss of the Avis House, the applicant has proposed to create a privately owned, publicly accessible, open space (POPs), at the northwest corner of Liverpool Road and Wharf Street for commemoration purposes. This area was formerly occupied by the Avis House. In support of the proposed commemoration, the applicant submitted an Interpretive Heritage Plan detailing the location, conceptual layout, and design of the open space, along with proposed commemoration measures. The POPs space will cover an area of 202 square metres with 22 metres of frontage along Wharf Street and 8.4 metres of frontage along Liverpool Road. The POPs will contain: • a 2.0 metre wide walkway between Liverpool Road and Annland Street • soft landscaping, including tree and shrub plantings • seating areas • a commemorative plaque • a public art installation (see Figure 3, below) Figure 3: Conceptual Landscape Plan submitted by MHBC The applicant has also committed to contributing $20,000 towards a future public art piece for the space, which will be secured through the future site plan application. Staff appreciate and support the applicant’s effort to create an open space that will be a focal point in the community, and commission a public art piece. The configuration and size of the open space are important to ensure it is well designed, and that the scale and proportion of the open space create an intimate and comfortable environment. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 19 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership While staff support the location of the proposed POPS space, the applicant is strongly encouraged to increase its width. This would provide greater frontage along Liverpool Road, enhancing the exposure and visibility of the POPs. A wider POPs space would allow for robust landscaping, an enhanced commemoration plaque detailing the history of the Avis House and its connection to Frenchman’s Bay, and ample space for a public art piece recognizing the property’s history and evolution. Before issuing Site Plan Approval, the applicant must address the staff comments noted above. The Heritage Pickering Advisory Committee, and the Site Plan Review Panel will be consulted and will have opportunities to review and comment on the detailed design of the open space, landscaping, the wording for the commemorative plaque, and the design of the public art piece. 3.7 Sufficient parking supply will be provided for residents, visitors, and live/work units Several concerns were expressed by area residents that the number of parking spaces proposed for residents, visitors, and live/work units, may not be sufficient to support the development, and would result in overflow parking on municipal roadways. Additionally, area residents questioned if dedicated parking would be provided for employees of the live/work units. The table below outlines the minimum number of parking spaces required by the recommended site-specific zoning by-law contained in Appendix II: Type Number of Units Proposed Parking Rate Number of Spaces Townhouse Units 41 units 2.0 space per unit 82 0.34 spaces per unit for visitors 14 Live/Work Townhouse Units 10 units 2.0 spaces per unit 20 0.34 spaces per unit for visitors 4 Total 120 The proposed parking ratios for the townhouse and live/work units are the same as with the parking requirements established by the City within the Seaton Community (Zoning By-law 7364/14), as well as the condominium development immediately to the south at 1295 Wharf Street. The proposed visitor parking ratios also exceed the parking requirements established for similar townhouse developments within the community, such as immediately to the south at 1295 Wharf Street or to the north at the former Holy Redeemer Catholic School site, which require a minimum of 0.25 spaces per unit. The increased visitor parking ratio PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 20 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership will provide five additional on-site parking spaces beyond the City’s minimum requirement. This will assist in serving visitors to commercial uses along Liverpool Road and minimize the use of existing municipal on-street parking spaces. Live/work units contain a very small amount of floorspace for commercial purposes (50 square metres). These spaces are intended to be used by the principal resident of the residential unit to operate a small-scale business, such as an accountant's office, convenience store or hairdresser. Given the limited amount of commercial floorspace proposed for each unit, the need for additional staff members is not anticipated. The applicant is providing a minimum interior garage of 3.0 metres by 6.0 metres for the traditional townhouse units and live/work units, and a minimum interior garage size of 5.6 metres by 5.7 metres, which maintains the City’s standards for single and double car garages, respectively. Additionally, the applicant is proposing an interior storage area within each unit that is accessible from the private garage. This area will provide dedicated space for the storage of household items, such as bikes, waste bins and yard equipment, ensuring that the interior garage remains available for the parking of vehicles, as intended (see Figure 4: Examples of Interior Storage Area, below). Figure 4: Examples of Interior Storage Area Staff are supportive of the parking ratios proposed and are satisfied that a sufficient number of parking spaces will be provided to accommodate this development. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 21 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership 3.8 The temporary municipal parking lot on part of the subject lands will be removed to facilitate the proposal, and result in a modest increase in demand on surrounding parking areas 609 Annland Street and portions of 640 Liverpool Road were previously leased by the City of Pickering for seasonal waterfront public parking. The parking area provided a total of 40 parking spaces. Many area residents expressed concern regarding the loss of the temporary parking area, and outlined that the proposed development would worsen parking problems in the waterfront area, particularly during the summer. An area resident requested that the City consider providing additional by-law parking enforcement and monitoring of the surrounding areas following the removal of the surplus parking lot. The land was initially leased by the City in May 2018 for a five-year term, ending in May 2023. Despite the conclusion of the lease term, the City is still able to continue to use the land for temporary parking on a month-to-month basis, which is currently being done. The owner of the lands is, however, entitled to terminate the month-to-month lease at any time. In support of the proposed development, the applicant submitted a Parking Observation Study, prepared by Dillon Consulting, dated August 2022. The report provided an analysis of the existing parking supply and parking demand in the waterfront area in the summer (along Liverpool Road, south of Commerce Street), and the impact of removing the temporary municipal parking lot. The Study conducted observations of the following parking areas, at peak times (Friday evening between 5:00 pm to 8:00 pm, Saturday mid-day between 12:00 pm to 3:00 pm and Sunday afternoon between 2:00 to 5:00 pm) in July and August 2022: • on-street parking on the east/west side of Liverpool Road between Commerce Street and Lake Ontario • on-street parking on the south side of Annland Street, east of Liverpool Road • on-street parking on the south side of Wharf Street east of Liverpool Road • temporary surface lot on the south side of Annland Street • surface lot on the east side of Liverpool Road The observations were conducted on days when good weather was present and parking demand would be highest. The study found that the temporary surface lot on the subject lands was observed to have a peak occupancy of 5 percent on Friday evening, 15 percent on Saturday mid-day and 58 percent on Sunday afternoon. The study concluded that the temporary surface lot is minimally occupied, and that the loss of this parking area is not expected to have a negative impact on the parking demand in the community during the majority of the peak demand periods (Friday evenings and Saturday mid-day). The loss may, however, result in a modest impact on Sunday afternoons, when parking demand is at its highest. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 22 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership As noted previously, the proposed development will also provide for sufficient on-site parking to support the proposed residential units and live/work units. This will minimize any negative impacts the proposed development will have on parking demand within the surrounding community during the peak season. Notwithstanding the findings of the study and the on-site parking provided to support the proposed residents and live/work units, the City of Pickering continues to implement a seasonal paid permit parking program from May 1st to October 1st annually, when parking demand in the waterfront communities (Bay Ridges and West Shore) is at its highest. The program was initiated in 2021 to mitigate negative parking impacts on the waterfront community and to prioritize free parking for Pickering residents. The program enables seven additional Municipal Law Enforcement Officers to be hired each season to be dedicated to by-law enforcement within the waterfront area, including illegal parking, during times of peak demand. 3.9 The private amenity space adjacent to Frenchman’s Bay is landlocked and is not desirable for public use The applicant has proposed a 350 square metre outdoor private amenity area located to the west of the residential proposal, adjacent to Frenchman’s Bay on lands municipally known as 1276 Wharf Street. This portion of land is currently landlocked as it is not contiguous with the applicant’s land ownership. To access this parcel, the applicant will be required to obtain a permanent access easement over 1272 Wharf Street, which will be registered on title to enable a walkway between the residential block and the amenity area. Area residents requested that this private amenity space be made available to members of the public, and that a pedestrian path be provided through the subject lands along the west property line between Annland Street and Wharf Street, to improve physical and visual public accessibility to the waterfront. 1276 Wharf Street is located entirely within the TRCA regulated area and is almost entirely located within the 100-year flood plain. The parcel does not have access to Frenchman’s Bay due to an intervening piece of shoreline owned by the Pickering Harbour Company. The parcel is not contiguous to any city-owned lands, nor does Council have a planned acquisition strategy for waterfront property. Consequently, this parcel is not appropriate for public use or access and would not advance connectivity or access to the waterfront. Public access and connectivity along the waterfront trail will continue to be maintained along the west side of Liverpool Road and the south side of Annland Street, where a 2.0 metre wide multi-use sidewalk is provided surrounding the site. The existing location of the waterfront trail is supported by the policies of the Liverpool Road Waterfront Node. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 23 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership 3.10 The proposal will not negatively impact natural features and will be appropriately setback from Frenchman’s Bay The TRCA has advised that the subject lands are regulated with respect to the Provincially Significant Wetlands, and high lake level (flooding) associated with the Lake Ontario shoreline, along the west of the subject lands due to Frenchman’s Bay. The policies of the Official Plan identify the shoreline of Frenchman’s Bay as a part of the Natural Heritage System, requiring protection. The policies further outline that a minimum vegetation protection buffer of 30 metres adjacent to shorelines shall be provided. To support the proposed development, the applicant has submitted an Environmental Impact Study (EIS), prepared by GHD, dated October 2022 (revised November 2023) and a Coastal Study, prepared by GEI Consultants, dated December 22, 2022 (updated May 2023). The EIS assessed the quality and extent of natural heritage features both on, and adjacent to, the subject lands. This includes examining the proximity and impact of the proposed development to Frenchman’s Bay. The Coastal Study provided an assessment of the flood risks to the subject lands from Lake Ontario and Frenchman’s Bay. The EIS highlighted that no significant natural features were identified within the boundaries of the subject lands or vicinity of the subject lands, except the Lake Ontario Shoreline (Frenchman’s Bay) which is located adjacent to the westerly parcel of land at 1276 Wharf Street. The EIS recognized that this parcel of land is proposed to be a private amenity area and will not contain any residential dwellings. Alteration to this piece of land will be limited to soft and hard landscaping and will not include any structures or buildings. The study outlined that the only risk to Frenchman’s Bay from the proposed development is in the form of stormwater run-off. The EIS concluded that the proposed protection buffers to the residential block are appropriate, and that any potential impacts on Frenchman’s Bay from the proposed development can be mitigated. This can be achieved by implementing careful design measures, which include grading and managing stormwater and implementing a plan for sediment and erosion control, and robust native replanting and restoration within the private amenity area. The Coastal Study highlighted that the only portion of the subject lands that fall within the 100-year flood level is the parcel at 1276 Wharf Street. The balance of the subject lands is located more than 40 metres away from Frenchman’s Bay and outside the shoreline hazard limit for flooding. The Coastal Study concluded that the proposed development block is not at risk of flooding and that floodproofing measures for residential uses are not required. The Study recognized that 1276 Wharf Street is proposed to be a private amenity area and recommends that additional shoreline floodproofing be provided along the westerly edge of the private amenity area given the existing concrete wall along this property is in a poor state of repair. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 24 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership As detailed in Section 2.2.2 of this report, the TRCA has advised that they are satisfied with the proposed development limits, including the use of 1276 Wharf Street as a private amenity area. TRCA staff are satisfied with the recommendations of the revised EIS and Coastal Study, which will be implemented through the detailed design, as a condition of draft plan of subdivision approval, and the site plan approval process. 3.11 Vehicular traffic from the future development will not impact the existing road network Several area residents have expressed that the proposed development will result in a significant increase in vehicle traffic volumes entering and exiting the subject lands, negatively impacting the surrounding road network. Residents have outlined that the volume of vehicle trips along this road is currently excessive, and the proposed development would worsen this condition, particularly during peak summer months. Residents also outlined that traffic counts relied upon in the submitted TIS are not accurate or representative due to the date on which they were taken (2017), and that the study did not examine the Liverpool/Krosno intersection. In support of the proposal, the applicant submitted a Transportation Brief, prepared by Dillon Consulting, dated October 2022. In response to the comments raised by area residents, the applicant submitted a revised Transportation Brief, dated September 2023. and included the Liverpool/Krosno intersection in the assessment. The revised study investigated traffic conditions and the effects of the proposed development on the surrounding area, and the intersections of Liverpool Road/Bayly Street, Liverpool Road/Krosno Boulevard, Liverpool Road/Annland Street, and Liverpool Road/Wharf Street. The revised study utilized updated traffic counts from September 2023. The study forecasts that the new residential development will generate a total of 24 trips during the morning peak hour (17 outbound and 7 inbound trips) and 29 trips during the afternoon peak hour (16 outbound and 13 inbound trips). The report advised that this results in one additional trip in either direction along Liverpool Road every three to eight minutes, which is considered negligible. Given the relatively low number of vehicle trips to and from the proposal during peak hours, negative impacts on the neighbouring properties, and at the study intersections are not expected. Residents along Wharf Street also expressed concern that the future units fronting on, and having driveway access from Wharf Street, will increase traffic movements and vehicular trips along the road, negatively impacting existing property owners. In a response letter, dated October 3, 2023, the applicant's traffic engineer advised that the 15 townhouse units fronting Wharf Street are anticipated to result in a total of seven vehicle trips during the AM peak hour, and nine vehicle trips in the PM peak hour, that will use Wharf Street. Additionally, visitor parking for the proposed units is provided within the proposed development, accessible from the private road connections along Annland Street and the easterly end of Wharf Street. As such, vehicle trips along Wharf Street from visitors to these units will be minimal. The proposed units are not anticipated to have a negative impact on traffic along Wharf Street. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 25 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership The City’s Engineering Department and the Region of Durham Works Department, have reviewed the submitted Traffic Brief and revised Traffic Brief and are satisfied with the findings. 3.12 Response to Key Concerns raised at the May 4, 2023, Public Open House Meeting and June 5, 2023, Statutory Public Meeting The table below summarizes the key concerns raised at the May 4, 2023, Public Open House Meeting and the June 5, 2023, Statutory Public Meeting and staff’s response. Concerns Staff’s Response The proposal will remove surplus parking spaces currently provided for and required by the restaurant at 1289 Wharf Street (Port Restaurant) Sufficient on-site parking is provided at 1289 Wharf Street to support the restaurant The lands at 1289 Wharf Street are currently zoned “O3B” under Zoning By-law 2511, which permits a restaurant use. The lands are currently occupied by the Port Restaurant. The zoning by-law requires a minimum of 31 parking spaces to be provided on-site to support the existing restaurant use. Based on a site visit to the property in May 2023, staff observed that 51 parking spaces were provided, which exceeds the minimum number of parking requirements by 20 spaces. As such, sufficient on-site parking is provided at 1289 Wharf Street to support the existing restaurant, and no additional off-site parking is required. Requested the live/work units along Liverpool Road be setback further from the property line to provide additional space for outdoor uses associated with commercial businesses The live/work units will be sufficiently setback from Liverpool Road The ten live/work fronting Liverpool Road will maintain a minimum setback of 4.5 from the front lot line. The live/work units within the condominium development to the south, at 1295 Wharf Street, maintain a setback ranging between 3.0 metres and 3.5 metres from the Liverpool Road lot line. The proposed live/work units will provide an additional 1.0 metre setback between the exterior of the building and the lot line that is currently provided for existing live/work units along the west side of Liverpool Road. The proposed setback will enable sufficient space for outdoor uses associated with commercial businesses. PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 26 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership Concerns Staff’s Response Requested additional window glazing and increased ceiling heights, be provided for the live/work units along Liverpool Road, and that minimum standards for such be included in the zoning by-law. Minimum standards for live/work units have been included in the site-specific zoning by-law The live/work units will be required to provide a minimum of 50 square metres of floorspace on the ground floor which can be used for commercial uses. A minimum floor-to-ceiling height of 2.7 metres is required for the ground floor, which will enable their use for commercial purposes. The minimum floor-to-ceiling height required under the site-specific zoning by-law exceeds the requirements of the Ontario Building Code. Additionally, as a condition of draft plan approval, the applicant will be required to construct the residential floorspace and commercial floorspace within the townhouse, as separate units under the Ontario Building Code, which includes separate mechanical/ventilation systems, fire separation, and provision of a universal washroom for commercial uses. Requested bird- friendly glazing be provided Opportunities for bird-friendly glazing will be reviewed through the application for site plan approval One resident requested that the applicant consider providing bird-friendly glazing for townhouse units due to the proximity to Frenchman’s Bay. Bird strike mitigation measures, such as bird-friendly glazing, is not typically utilized in townhouse developments due to the limited risk that low-rise construction poses to birds. However, the applicant has advised that they will explore opportunities to provide such glazing through the detailed building design during the site plan approval stage. Future maintenance and/or alteration of approved architectural design and landscape features The proposed development will be subject to site plan control and will be a common element condominium. The applicant will be required to submit detailed elevations, specifying architectural features, building materials, and exterior façade treatments, for each townhouse block as a part of the application for site plan approval. Through the site plan process, the building design will be peer reviewed by the City’s Urban Design Consultant, prior to approval. To ensure that the proposal is constructed in accordance with the approved elevation drawings, the applicant will be required to enter into a Site Plan PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 27 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership Concerns Staff’s Response Agreement with the City, and post security guaranteeing the completion of the work. The maintenance of front yards, including the repair and/or replacement of landscaping elements in front of dwelling units that front Liverpool Road, Annland Street and Wharf Street, will be the responsibility of the property owner. Should the property owner neglect their responsibility of maintaining the approved landscape elements, the condominium corporation will be responsible. Maintenance of common element features, such as the private amenity area and landscaping surrounding the private roads and parking areas, will be the responsibility of the condominium corporation and will be collectively paid for by all unit owners. These requirements will be included in the Condominium Declaration. Questioned if the applicant will provide private boat slips (dock condominiums) along Frenchman’s Bay The property does not have access to Frenchman’s Bay. The portion of the applicant's land ownership nearest Frenchman’s Bay (1276 Wharf Street) does not have access to the water's edge due to an intervening piece of land along the shore owned by the Pickering Harbour Company. As such, the applicant is unable to provide boat slips as a part of the proposed development. Questioned if the environmental impact study addressed the impact on existing red foxes that inhabit the lands, and requested that consideration be given to scheduling construction activities when they are away from their den Red foxes are not a protected species To address the concern expressed by an area resident, the applicant submitted a revised Environmental Impact Study (EIS), which assessed the presence of red foxes on the subject lands, and provided recommendations to minimize impact on the species. The EIS outlined that red foxes were observed on the subject lands and established a den in 2022, which was further expanded in spring/early summer 2023, where there were reports of three kits in the area. The EIS outlines that red foxes are not a protected species in Ontario. However, it identified that breeding season typically occurs between January and March, with kits being born between March and May. By the age of three months, kits are independent and leave dens. The EIS recommends that, if feasible, any demolition and site alteration be done outside of the period PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 28 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership Concerns Staff’s Response between April and August, which will minimize the impact on the denning period of red fox, as well as bird breeding. Questioned who the Future Construction Company will be A construction company has not been selected Area residents questioned who the future developer of the project would be. The applicant has advised that at this time, the developer/construction company has not been selected. Concerned regarding the future noise, parking and dust impact from future construction Measures to mitigate impacts from construction activities will be addressed through the submission of a Construction Management Plan Through the site plan approval process, the applicant will be required to 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 any negative noise, dust and traffic impacts. The mitigation measures could include a gravel mud mat, a construction staging area, sediment fencing, and a tree protection zone. As part of the site plan approval process, the applicant will be required to enter into a Site Plan Agreement with the City, which will require that the applicant implement the measures outlined in the submitted Construction Management and Erosion/Sediment Control Plan as approved by City staff. 3.13 Technical matters will be addressed as conditions of subdivision approval and through site plan approval Detailed design issues will be considered through the subdivision agreement and site plan approval processes. These requirements will address matters such as, but not limited to: • heritage commemoration • drainage and grading • site servicing • noise attenuation • façade and building material treatments • cash-in-lieu of parkland • tree compensation PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 29 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership • requirements for a Construction Management Plan • landscaping of entryway and common amenity area • resident, visitor and accessible parking spaces • waste management collection • location of community mailboxes • location of hydro transformers, gas meters and other utilities 3.14 Draft Approval of the Draft Plan of Condominium is delegated to the Director, City Development An application for a common element condominium is delegated to the Director, City Development for final approval. No further approvals are required at this time. 3.15 Conclusion The applicant’s proposal satisfies the Official Plan policies respecting the creation of live/work units along the Liverpool Road Corridor. The applicant has worked with City staff, and external agencies, to address various technical requirements. Staff support Official Plan Amendment Application OPA 23-001/P to increase the permissible density for the lands to 45 units per net hectare, and the related Zoning By-law Amendment Application A 02/23. Further, staff recommend that the site-specific implementing by-laws, as set out in Appendix I and Appendix II to this report, respectively, be approved and forwarded to Council for enactment. Staff recommend that Council endorse Draft Plan of Subdivision SP-2021-01, as shown in Attachment 3 to this report, and the Conditions of Approval set out in Appendix III to this report. Appendices Appendix I Draft By-law to Adopt Amendment 51 to the Pickering Official Plan Appendix II Recommended Zoning By-law for Zoning By-law Amendment Application A 02/23 Appendix III Recommended Conditions of Approval for Draft Plan of Subdivision SP-2023-01 PLN 21-24 June 10, 2024 Subject: Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision Application SP-2023-01 Page 30 Draft Plan of Condominium Application CP-2023-02 Liverpool Road Limited Partnership Attachments 1.Location Map 2.Air Photo Map 3.Original Conceptual Site Plan 4.Revised Conceptual Site Plan 5.Draft Plan of Subdivision 6.Revised Draft Plan of Condominium 7.Conceptual Elevations – Live/Work Units 8.Conceptual Elevations – Traditional Townhouse Units 9.Conceptual Elevations – Rear-Lane Townhouse Units Prepared By: Original Signed By Cody Morrison Principal Planner, Development Review Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP (Acting) Director, City Development Original Signed By Catherine Rose For Kyle Bentley, P.Eng. Director, City Development & CBO CM:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 21-24 Draft By-law to Adopt Amendment 51 to Pickering Official Plan for Official Plan Amendment Application OPA 23-001/P The Corporation of the City of Pickering By-law No. XXXX/24 Being a By-law to adopt Amendment 51 to the Official Plan for the City of Pickering (OPA 23-001/P) Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of The Corporation of the City of Pickering may, by by-law, adopt amendments to the Official Plan for the City of Pickering; And whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; And whereas on February 23, 2000, Regional Council passed By-law 11/2000 which allows the Region to exempt proposed area municipal official plan amendments from its approval; And whereas the Region has advised that Amendment 51 to the City of Pickering Official Plan is exempt from Regional approval; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Amendment 51 to the Official Plan for the City of Pickering, attached hereto as Exhibit “A”, is hereby adopted; 2. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments. 3. This By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this 24th day of June, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Exhibit “A” to By-law XXXX/24 Recommended Amendment 51 to the City of Pickering Official Plan Recommended Amendment 51 to the Pickering Official Plan Purpose: The purpose of this amendment is to re-designate the lands located on the southwest corner of Liverpool Road and Annland Street from “Urban Residential Areas – Low Density Areas” and “Open Space System- Marina Areas” to “Urban Residential Areas – Medium Density Areas” to facilitate a residential common element condominium development. Location: The site specific amendment affects the lands located on the southwest corner of Liverpool Road and Annland Street, described as Lots 8 to 12, Plan M-89, City of Pickering. Basis: Through the review of Official Plan Amendment Application OPA 23-001/P, Zoning By-law Amendment Application A 02/23, Draft Plan of Subdivision SP-2023-01 and Draft Plan of Condominium CP-2023-02, City Council determined that the Amendment facilitates a development that is compatible with the surrounding community, and is an appropriate intensification project in Pickering’s urban area. The Amendment is consistent with the policies of the Provincial Policy Statement 2020, and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the Durham Regional Official Plan. Actual Amendment: The City of Pickering Official Plan is hereby amended by: 1. Amending Schedule I – Land Use Structure by replacing the “Urban Residential Areas – Low Density Areas” and “Open Space System – Marina Areas” designations with “Urban Residential Areas – Medium Density Areas” designation for lands located on the south of Annland Street, west of Liverpool Road and north of Wharf Street, as illustrated on Schedule ‘A’ attached to this amendment. Implementation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. OPA 23-001/P A 02/23 SP-2023-01 CP-2023-02 Liverpool Road Partnership Pl e a s a n t S t r e e t F r o n t R o a d Cit y o f T o r o n t o Cit y o f M a r k h a m Tow n o f W h i t b y TownofAjax Township of Uxbridge Area ShownonThis Map Open Space System Marina Area Natural Area Urban Residential Areas Low Density Land Use Structure Existing Official Plan Schedule 'A' to Amendment '51' City of PickeringCity Development Department© June, 2024This Map Forms Part of Edition 9 of the Pickering Official Plan andMust Be Read in Conjunction with the Other Schedules and the Text. Edition 9 Extract of Schedule I to the Pickering Official Plan Re-designate from "Urban Residential Areas- Low Density Areas" and "Open Space System- Marina Areas" to "Urban Residential Areas - Medium Density Areas" Wharf Street Li v e r p o o l R o a d Annland Street Appendix II to Report PLN 21-24 Recommended Zoning By-law for Zoning By-law Amendment Application A 02/23 The Corporation of the City of Pickering By-law No. XXXX/24 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Lots 8 to 12 and 16, Plan M-89, and Part of Lot 23 Broken Front Concession 3 (A 02/23) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Lots 8 to 12 and 16, Plan M-89, and Part of Lot 23, Broken Front Concession 3, in the City of Pickering to permit the development of up to 51 townhouse units, 10 of which with potential for ground floor commercial uses; And whereas an amendment to Zoning By-law 2511, as amended, is deemed necessary to permit such development; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I 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 Lots 8 to 12 and 16, Plan M-89, and Part of Lot 23, Broken Front Concession 3, designated “(H)MD-H23”, “(H)MD-H24”, “(H)MU-35” and “OS-HL-6” on Schedule I to this By-law. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) “Air Conditioner” means any mechanical equipment which is required for residential domestic use and which must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipments. (2) “Balcony” means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. By-law No. XXXX/24 Page 2 (3) “Bay, Bow, Box Window” means a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (4) “Business Office” means a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (5) “Commercial School” means a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein; (6) “Condominium, Common Element” means spaces and features owned in common by all shareholders in a condominium and may include private streets, walkways, and parking and amenity areas. (7) “Deck” means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (8) (a) “Dwelling” means a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) “Dwelling, Detached” means a single dwelling which is freestanding, separate and detached from other main buildings or structures; (c) “Dwelling, Multiple – Horizontal” means a building containing three or more dwelling units attached horizontally by an above-grade wall or walls; (d) “Dwelling Unit” means one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities. (9) “Floor Area – Residential” means the area of the floor surface contained within the outside walls of a storey or part of a storey. (10) “Gross Floor Area – Residential” means the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar. (11) “Height, Dwelling” means the vertical distance between the established grade, at the front of the house, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height between eaves and ridge. By-law No. XXXX/24 Page 3 (12) “Lands, Subject” means the lands subject of this by-law. (13) (a) “Lot” means an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) “Lot Area” means the total horizontal area within the lot lines of a lot; (c) “Lot Frontage” means the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (d) “Lot, Through” means a lot bounded on opposite sides by a street. (14) “Parapet Wall” means the portion of an exterior wall extending above the roof. (15) “Park, Private” means an area of land not under the jurisdiction of a public authority that is designed or maintained for active or passive recreational purposes; (16) “Personal Service Shop” means an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or a dressmaking shop or a photographic studio, but shall not include an adult entertainment parlour as defined herein or a body-rub parlour as .defined in Section 224(9)(b) of the Municipal Act R.S.O.1990, Chapter M.45, as amended from time to time, or any successor thereto; (17) “Porch” means a roofed deck or portico structure attached to the exterior wall of a building. A basement may be located under the porch. (18) “Private garage” means an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (19) “Professional Office” means a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or physician, but shall not include a body-rub parlour as defined in Section 224(9)(b) of the Municipal Act, R.S.O.1990, chapter M.45, as amended from time to time, or any successor thereto; (20) “Park, Private” means a park which is maintained by a condominium corporation. (21) "Retail Store" means a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public (22) (a) “Street” means a right-of-way or roadway that is used by vehicles and includes a public highway and a private street within a condominium. By-law No. XXXX/24 Page 4 (b) “Street, Private” means: (i) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; (ii) a private road condominium, which provides access to individual freehold lots; (iii) a private right-of-way over private property, that provides access to lots abutting the private street; but is not maintained by a public body and is not a lane. (23) “Wall, Front” means the wall of the dwelling closest to the front lot line. (24) “Water Meter Building” means a building or structure that contains devices supplied by the Region of Durham which measures the quality of water delivered to a property. (25) (a) “Yard” means an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) “Front Yard” means a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) “Front Yard Depth” means the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) “Rear Yard” means a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) “Rear Yard Depth” means the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) “Side Yard” means a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) “Side Yard Width” means the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) “Flankage Side Yard” means a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; By-law No. XXXX/24 Page 5 (i) “Flankage Side Yard Width” means the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot. 5. Provisions (1) Uses Permitted (“MD-H23”, “MD-H24” and “MU-35” Zones) (a) No person shall within the lands zoned “MD-H23”, “MD-H24” and “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: (i) Multiple Dwelling – Horizontal (2) Zone Requirements (“MD-H23”, “MD-H24” and “MU-35” Zones) No person shall within the lands zoned “MD-H23”, “MD-H24” and “MU-35” on Schedule I to this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: “MD-H23” Zone “MD-H24” Zone “MU-35” Zone (a) Number of Dwelling Units (maximum) 51 dwelling units (b) Lot Frontage (minimum) 6.0 metres (c) Lot Area (minimum) 130 square metres (d) Front Yard Depth (minimum) 4.5 metres 4.5 metres, but, may be reduced to 3.7 metres for end units (e) Side Yard Depth (minimum) 1.5 metres, except where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot. May be reduced to 1.2 metres for the most westerly unit fronting Wharf Street. 1.5 metres, except where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot. 1.2 metres, except where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot. By-law No. XXXX/24 Page 6 “MD-H23” Zone “MD-H24” Zone “MU-35” Zone (f) Rear Yard Depth (minimum) 6.5 metres 0.6 metres 4.4 metres (g) Flankage Yard Depth (minimum) 2.4 metres 1.9 metres (h) Building Height (maximum) 11.0 metres (3 storeys) (i) Driveway Width (maximum) 3.4 metres Nil 3.4 metres (j) Parking Requirements (minimum) 2.0 parking spaces per dwelling unit (k) Visitor Parking Requirements (minimum) 0.34 of a parking space per dwelling unit (l) Garage Requirements Minimum 1 private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from a private or public street. Minimum 1 private garage per lot attached to the main building. Minimum 1 private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from a private or public street. (m) Interior Garage Size (minimum) A private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres. A private garage shall have a minimum width of 5.6 metres and a minimum depth of 6.0 metres. A private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres. (o) Private Park (minimum) 200 square metres, with a minimum frontage of 8.0 metres along Liverpool Road and 22.0 metres along Wharf Street. By-law No. XXXX/24 Page 7 (3)Special Provisions (“MD-H23”, “MD-H24” and “MU-35” Zones) (a)Projections such as window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other similar architectural features may be permitted in any required yard, provided that no such feature projects into the required yard more than 0.6 metres or half the distance of the required yard, whichever is less; (b)A bay, box or bow window, with or without foundation, having a maximum width of 4.0 metres may encroach into any required yard to a maximum of 0.6 metres or half the distance of the required yard, whichever is less; (c)Air conditioners are permitted on a lot provided they are located in the rear yard or side yard or on a balcony or roof. In addition, such units shall not be located any closer than 0.6 metres to a side lot line and shall not be located on any easement in favour of the City; (d)Outdoor Private Amenity Area for lands zoned “MD-H24” and “MU-35” on Schedule I to this By-law: (i)a minimum of 12 square metres of outdoor private amenity area shall be provided on a balcony or above the garage; (ii)accessory structures such as pergolas, sheds or other similar structures shall not be permitted on the balcony above the garage at the rear of the dwelling unit; (iii)the outdoor private amenity area located above the garage at the rear of the dwelling unit shall not be enclosed. (4)Special Provisions (“MD-H23” Zone) (a) A porch, uncovered deck or balcony and associated steps may encroach into any required front yard, side yard and flankage yard to a maximum of 2.5 metres or half the distance of the required yard, whichever is less; (b)A porch or uncovered deck or balcony may encroach into any required rear yard to a maximum of 2.0 metres; (c)Stairs to a porch or uncovered deck may encroach to within 3.5 metres of a rear lot line. (5)Special Provisions (“MD-H24” Zone) (a)A porch, uncovered deck or balcony may encroach into any required front yard to a maximum of 2.5 metres; (b)Stairs to a porch, uncovered deck or entrance may encroach to within 0.45 of a metre of the front lot line. By-law No. XXXX/24 Page 8 (6) Special Provisions (“MU-35” Zone) (a) Dwelling units within the “MU-35” Zone shall provide a minimum ground floor area of 50 square metres, with a minimum finished ceiling height of 2.7 metres, exclusive of stairwells, to enable their use for commercial purposes; (b) Despite Section 5(1)(a)(i) above, the following non-residential uses may be permitted within only the ground floor of a Multiple Dwelling – Horizontal dwelling unit: (i) Business office (ii) Professional office (iii) Commercial school (iv) Professional service shop (v) Retail store (c) A porch, uncovered deck or balcony may encroach into any required front or rear yard to a maximum of 2.5 metres or half the distance of the required yard, whichever is less; (d) Stairs to a porch, uncovered deck or entrance may encroach to within 0.45 of a metre of the front lot line. (7) Special Regulations (“MD-23”, MD-H24” and “MU-35” Zones) (a) Despite the provisions of Section 5.6 of By-law 2511, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a common element condominium street for the lands on Schedule I to this By-law; (b) Despite Section 5(6)(a) above, the lot line abutting Annland Road shall be deemed to be the Front Lot Line for the lands Zoned “MD-H24” on Schedule I to this By-law; (c) Despite Section 5(6)(a) above, the lot line abutting Liverpool Road shall be deemed to be the Front Lot Line for the lands zoned “MU-35” on Schedule I to this By-law; (d) A water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from the “MD- 23”, MD-H24” and “MU-35” zone provisions and zone requirements; (e) Sections 5.20, 5.21.1, 5.21.2(a)(b)(d)(f), 6.4, 6.6 and 6.7a)(iv) of By-law 2511, as amended shall not apply to the lands zoned “MD-23”, MD-H24” and “MU-35” on Schedule I to this By-law. By-law No. XXXX/24 Page 9 6. Provisions (1) Uses Permitted (“OS-HL-6” Zone) (a) No person shall within the lands zoned “OS-HL-6” on Schedule I to this By-law, use any lot or erect any buildings or structures for any purpose except the following: (i) Preservation and conservation of the natural environment, soil and wildlife; (ii) Resource management; (iii) Private park. (2) Zone Requirements (“OH-HL-6” Zone) (a) No building or structures shall be permitted to be erected, nor shall placing or removal of fill be permitted, except where buildings or structures are used only for purposes of floor and erosion control, or resource management. 7. Model Homes (1) A maximum of 1 block, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned “MD-H23” as set out in Schedule I attached to this By-law prior to the division of those lands by lifting of part lot control; (2) A maximum of 1 block, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned “MD-H24” as set out in Schedule I attached to this By-law prior to the division of those lands by lifting of part lot control; (3) A maximum of 1 block, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned “MU-35” as set out in Schedule I attached to this By-law prior to the division of those lands by lifting of part lot control; (4) For the purpose of this By-law, “Model Home” shall mean a dwelling unit which is not used for residential purpose, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 8. Provisions (“(H)MD-H23”, “(H)MD-H24” and “(H)MU-35” Zones) (1) Uses Permitted (“(H)MD-H23”, “(H)MD-H24” and “(H)MU-35” Zones) Until such time as the “(H)” Holding Provision is lifted, the lands shall not be used for any purposes other than the existing lawful uses, located on the land or in existing buildings or structures, provided such use continues in the same manner and for the same purpose for which they were used on the day this by-law was passed. By-law No. XXXX/24 Page 10 (2) Zone Requirements (“(H)MD-H23”, “(H)MD-H24” and “(H)MU-35” Zones) The “(H)” Holding Symbol shall be removed from the “(H)MD-H23”, “(H)MD-H24” and “(H)MU-35” Zones until the completion of the following: (a) the owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provision of sewer and water services, Regional roads, and entered into any necessary agreements in this regard. 9. By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law 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 2511, as amended. 10. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 24th day of June, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Wharf Street Li v e r p o o l R o a d Annland Street F r o n t R o a d Pl e a s a n t S t r e e t Clerk Mayor XXXX/24 50 . 0 m (H)MD-H24 (H)MD-H23 (H)MU-35 27 . 7 m 77 . 7 m 27 . 7 m 17 . 5 m 87.4m 87.8m 29.1m 28.7m115.6m 51 . 2 m 29.7m 4.7m 31.1m 29.8m 11 . 3 m 5 . 6 m 6. 0 m OS-HL-6 i N Schedule I to By-Law Passed This 24th Day of June 2024 Appendix III to Report PLN 21-24 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2023-01 (Draft) Recommended Conditions of Approval for Draft Plan of Subdivision SP-2023-01 (Draft) General Conditions 1. That the Owner shall prepare the final plan and shall include a land use table generally based on the draft plan of subdivision, identified as Drawing Number 21280-15dp, prepared by Brian Moss and Associates Ltd., dated December 7, 2022, which illustrates one (1) development block and one (1) private open space block. Region of Durham 2. That the Owner shall name road allowances included in this draft plan to the satisfaction of the Region of Durham and the City of Pickering. 3. That the Owner shall submit plans showing the proposed phasing to the Region of Durham and the City of Pickering for review and approval if this subdivision is to be developed by more than one registration. 4. That the Owner shall grant to the Region, any easements required to provide Regional services for this development. The easements shall be in locations and of such widths as determined by the Region. 5. That the Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise for said extensions are to be made to the satisfaction of the Region of Durham, and are to be completed prior to final approval of this plan. 6. That prior to entering into a Subdivision Agreement, the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 7. That the Owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, the execution of a Subdivision Agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 8. That prior to the finalization of this plan of subdivision, the Owner must provide satisfactory evidence to the Region of Durham in accordance with the Region's Soil and Groundwater Assessment Protocol to address site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal or the findings of any Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), an RSC Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment, Conservation and Parks, accompanied by any additional supporting information. Recommended Conditions of Approval Page 2 SP-2023-01 – Liverpool Road Limited Partnership (Draft) 9. That the Owner shall agree in the City of Pickering’s Subdivision Agreement to implement the recommendations of the report, entitled “Environmental Noise Assessment” prepared by YCA Engineering Limited, dated December 2022, which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e., author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. 10. That the Owner shall carry out an archaeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Citizenship and Multiculturalism. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Citizenship and Multiculturalism. Subdivision Agreement 11. That the Owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City’s requirements, financial and otherwise, which shall include, but not necessarily be limited to the conditions outlined in this document. 40M-Plan 12. That the Owner submits a Draft 40M-Plan to the satisfaction of the City Development Department. Street Names 13. That street signage be provided to the satisfaction of the City of Pickering. 14. That the streets be named to the satisfaction of the City of Pickering. Development Charges & Development Review & Inspection Fee 15. That the Owner satisfies the City financially with respect to the Development Charges Act. 16. That the Owner satisfies the City with respect to payment for the Development Services Engineering Review Fee, Residential Lot Grading Review Fee, Road Degradation Fee, and Development Services Inspection Fees and any additional fees which may be applicable. Pre-Condition Survey 17. That the Owner submits a pre-condition survey for 595 Annland Street and 1272 Wharf Street, to the satisfaction of the City. A qualified professional must prepare the surveys which must be undertaken before any site work commences. Recommended Conditions of Approval Page 3 SP-2023-01 – Liverpool Road Limited Partnership (Draft) Stormwater 18. That the Owner satisfies the Director, Engineering Services, respecting the stormwater drainage and management system to service all the lands in the subdivision, and any provision regarding easements. 19. That the Owner satisfy the Director, Engineering Services regarding the revision of stormwater maintenance fees. Grading 20. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a grading control plan. 21. That the Owner satisfies the Director, Engineering Services, respecting authorization from abutting landowners for all off-site grading. Geotechnical Investigation 22. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a geotechnical soil analysis. Fill & Topsoil 23. That the City of Pickering’s Fill & Topsoil By-law prohibits soil disturbance, removal, or importation of material to the site unless a permit has been issued. No on-site works prior to Draft Plan Approval is permitted. A Fill and Topsoil Permit will be required should grading works proceed prior to a Subdivision Agreement. Construction/Installation of City Works & Services 24. That the Owner satisfies the Director, Engineering Services, respecting the construction of Municipal Services such as roads, curbs, storm sewers, sidewalks, and boulevard designs. 25. That the Owner satisfies the City respecting arrangements for the provision of all services required by the City. 26. That the Owner satisfies the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services. 27. That the Owner agrees that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Subdivider. 28. That the Owner satisfies the City with respect to arrangements necessary to provide for the coordination of services and roads with adjacent lands and any phasing of development that may be required. Recommended Conditions of Approval Page 4 SP-2023-01 – Liverpool Road Limited Partnership (Draft) Phasing & Development Coordination 29. That if this subdivision is to be developed by more than one registration, the Owner will be required to submit a plan showing the proposed phasing, all to the satisfaction of the Region of Durham and the City. Dedications/Transfers/Conveyances/Reserves 30. That the Owner conveys to the City, at no cost, any easements and any reserves as required by the City. Easements 31. That the Owner, to the satisfaction of the Director, Engineering Services, provides any required easement for works, facilities or use rights that are required by the City of Pickering. 32. That the Owner conveys any easements to any utility to facilitate the installation of their services in a location(s) satisfactory to the City and the utility. 33. That the Owner arranges, at no cost to the City, any easements required on third-party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after draft approval. 34. That the Owner obtains, at no cost to the City, a 3.0 metre wide permanent access easement over the lands municipally known as 1272 Wharf Street, in favour of the subject lands for access to Block 2, to the satisfaction of the City. Utility Coordination Plan 35. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of an Utility Coordination Plan, which demonstrates that the private park located at the northwest corner of Liverpool Road and Annland Street and municipal boulevards adjacent thereto, are not encumbered by above grade utility installations. Construction Management Plan 36. That the Owner satisfies the City respecting the submission and approval of a Construction Management, with such Plan to contain, among other matters: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets, or the proposed public street; Recommended Conditions of Approval Page 5 SP-2023-01 – Liverpool Road Limited Partnership (Draft) (iii) confirmation that the City’s Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; and (vii) details of the temporary construction access. 37. That the Owner shall agree in the subdivision agreement, in wording acceptable to the City, to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period. Fencing 38. That the Owner satisfies the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works. 39. That the Owner agrees to install a 1.8 metre high board-on-board wood privacy fence along the west property line of Block 1, where the adjacent lands are existing residential lots fronting onto Wharf Street or Annalnd Street, to the satisfaction of the City. 40. That the owner agrees to install a 1.8 metre high board-on-board wood privacy fence along the north and south property lines of Block 2, to the satisfaction of the City. Landscaping 41. That the Owner satisfies the Director, Engineering Services, respecting the submission and approval of a boulevard street tree planting plan. 42. That the Owner satisfies the Director, Engineering Services with the submission of a Tree Inventory & Preservation Plan illustrating the protection of trees and other natural features where appropriate, with specific attention to preservation in all public open spaces prior to the approval of a Preliminary Grading Plan. Tree Compensation 43. That the Owner agrees that prior to final approval of the draft plan, compensation for the loss of tree canopy will be required either through replacement planting or cash-in-lieu, to be paid to the City of Pickering. In accordance with Council Resolution #387/18, approved on January 15, 2018, tree removal compensation is to be calculated in accordance with the City of Pickering Tree Inventory, Preservation and Removal Compensation requirements. Where compensation through replanting is being considered, the Owner will be required to provide a Landscape Plan indicating the location, size and species of all trees, including boulevard trees, to the satisfaction of the Director, Engineering Services. Recommended Conditions of Approval Page 6 SP-2023-01 – Liverpool Road Limited Partnership (Draft) Engineering Plans 44. That the Owner satisfies the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing, fibre optic conduit and tree planting, and financially-secure such works. 45. That the engineering plans be coordinated with the architectural design objectives. 46. That the Owner ensures that the engineering plans are coordinated with the streetscape/architectural plans and further that the engineering plans coordinate the driveway, street hardware, and street trees to ensure that conflicts do not exist, asphalt is minimized, and all objectives of the streetscape/architectural control guidelines can be achieved. Noise Attenuation 47. That the Owner shall agree in the subdivision agreement to implement the recommended noise control measures and warning clauses of the study entitled “Environmental Noise Assessment,” prepared by YCA Engineering Limited., dated December 2022. Parkland Dedication 48. That the Owner satisfies the City with respect to the payment of cash-in-lieu in accordance with the parkland dedication requirements of the Planning Act. Fire 49. That the Owner agrees that no development will proceed on any land until adequate services are available including adequate water pressure to the satisfaction of the City’s Fire Services Department. Model Homes 50. That the Owner enters into a model home agreement with the City, if applicable for this draft plan. All model homes must satisfy all architectural requirements. Heritage 51. That prior to final approval, the Owner shall provide a detailed Interpretive Commemoration Plan, prepared by a qualified heritage consultant, to the satisfaction of the Director, City Development. 52. That the Owner acknowledges and agrees in the subdivision agreement, prior to issuance of final Site Plan approval, to provide final drawings substantially in accordance with the approved Interpretive Commemoration Plan, to the satisfaction of the Director, City Development. Recommended Conditions of Approval Page 7 SP-2023-01 – Liverpool Road Limited Partnership (Draft) Commercial Floorspace 53. That the Owner shall acknowledge, and agree in the subdivision agreement, that the residential and non-residential floorspace of Units 1 to 10, are to be constructed as separate units under the Ontario Building Code, which includes separate mechanical/ventilation systems, fire separation, and provision of a universal washroom for commercial use. 54. That the Owner shall agree to include a warning clause in all Offers of Purchase and Sale, and the future Condominium Declaration for Units 1 to 10, which specifies the following: “Despite the non-residential uses permitted under the zoning by-law for portions of the ground floor of Units 1 to 10, the Owner shall acknowledge that should they wish to use, or sublease, such portion of the dwelling for a non-residential use permitted under the zoning by-law, they shall agree to apply for a building permit and comply with all applicable building code requirements for such use, which may include requirements to upgrade structural or mechanical components of the building, including fire separation.” Toronto and Region Conservation Authority 55. That prior to the initiation of final grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the Owner shall submit the following to the Toronto and Region Conservation Authority (TRCA), and the City of Pickering, for review and approval: a. A detailed Stormwater Management Report to include a detailed design for the storm drainage system for the proposed development including: i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate Low Impact Development stormwater management practices to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design and maintenance plans for any stormwater management facilities; iv. an Erosion and Sediment Control Report and Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2006), as amended; and, v. location and description of all outlets and other facilities which may require a permit pursuant to regulations under the Conservation Authorities Act. Recommended Conditions of Approval Page 8 SP-2023-01 – Liverpool Road Limited Partnership (Draft) b. That the Owner shall update the Functional Servicing and Stormwater Management Report to demonstrate that the bioretention facility has been sized to adequately retain the first 5mm of runoff on-site. 56. That the Owner shall agree in the subdivision agreement, in wording acceptable to the Toronto and Region Conservation Authority (TRCA): a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition #55; b. To agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA; c. To design and implement on and off-site erosion and sediment control; d. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA; e. To obtain all necessary permits pursuant to the Conservation Authorities Act, from the TRCA; f. To implement all water balance/infiltration measures identified in the approved SWM Report; g. The Owner shall implement a Restoration Planting Plan to the TRCA’s satisfaction for the lands below the Shoreline Hazard Limit on Block 2, prior to the occupancy of the first dwelling unit; and h. The Owner agrees to not construct any shelters, docks, or ancillary buildings below the Shoreline Hazard Limit on Block 2, as identified in Drawing No. A101, Site Plan, prepared by Cassidy and Co., and dated October 17, 2023. 57. That the Owner shall agree that the Draft Plan of Subdivision shall be subject to any redline revisions necessary to implement the above conditions. Canada Post 58. That the Owner agrees to include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail delivery will be from a designated Community Mailbox, and to include the exact locations (list of lot #s) of each of these Community Mailbox locations; and further, advise any affected homeowners of any established easements granted to Canada Post. 59. That the Owner agrees, prior to offering any of the residential units for sale, to place a "Display Map" on the wall of the sales office in a place readily available to the public which indicates the location of all Canada Post Community Mailbox site locations, as approved by Canada Post and the City of Pickering. Recommended Conditions of Approval Page 9 SP-2023-01 – Liverpool Road Limited Partnership (Draft) 60. That the Owner agrees to consult with Canada Post Corporation and the City of Pickering to determine a suitable location for the placement of the Community Mailbox(es) and to indicate these locations on appropriate servicing plans. 61. That the Owner agrees to provide the following for each Community Mailbox site and include these requirements on the appropriate servicing plans: (i) An appropriately sized sidewalk section (concrete pad) for the Community Mailboxes on. (ii) Any required walkway across the boulevard. (iii) Any required curb depressions for wheelchair access. 62. That the Owner agrees to determine and provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox location(s). 63. That the Owner agrees to provide Canada Post at least 60 business days’ notice prior to the confirmed first occupancy date to allow for the community mailboxes to be ordered and installed at the prepared temporary location. Bell Canada 64. That the Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 65. That the Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. Other Approval Agencies 66. That any approvals which are required from the Region of Durham or any utility for the development of this plan be obtained by the Owner and upon request written confirmation be provided to the City as verification of these approvals. 67. That the Owner, through the approval of the Utility Coordination Plan for the location(s), is to enter into an agreement with Canada Post Corporation for the provision of a Community Mailbox(es), including technical specifications and financial terms. Plan Revisions 68. That the Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of approval may require revisions to the satisfaction of the City, to implement or integrate any recommendation resulting from studies required as conditions of approval. Recommended Conditions of Approval Page 10 SP-2023-01 – Liverpool Road Limited Partnership (Draft) 69. That the Owner revises the draft plan as necessary to the satisfaction of the City, to accommodate any technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include revising the number of residential building lots or reconfiguring the roads or lots to the City’s satisfaction. 70. That the Owner agrees to implement the requirements of all studies that are required by the City for the development of this draft plan of subdivision to the satisfaction of the City. Notes to Draft Approval 1. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 3. Where agencies’ requirements are required to be included in the City of Pickering subdivision agreement, a copy of the agreement should be sent to agencies in order to facilitate their clearance of conditions for final approval of the plan. The addresses and emails of these agencies are: a) Planning Department, Region of Durham, 605 Rossland Road East, Whitby, ON L1N 6A3, applications-precons@durham.ca. b) Planning and Development, Toronto and Region Conservation Authority, 101 Exchange Avenue, Vaughan, ON L4K 5R6, durhamplan@trca.ca. c) Canada Post Corporation, 1395 Tapscott Road, 2nd Floor, Scarborough, ON M1X 0C7, nadya.singh@canadapost.postescanada.ca. d) Bell Canada, CA.Circulations@wsp.com. 4. Prior to final approval of the plan for registration, the Director, City Development & CBO for the City of Pickering shall be advised in writing by: a) The Region of Durham, how Conditions 1 to 10, inclusively, have been satisfied; b) The Toronto and Region Conservation, how Conditions 55 to 57, inclusively, have been satisfied; c) Canada Post Corporation, how Conditions 58 to 63, inclusively, have been satisfied; d) Bell Canada, how Conditions 64 and 65, inclusively, have been satisfied; and 5. This draft approval shall lapse three (3) years from the date the draft approval has been granted if the noted conditions have not been fulfilled, or if it has not been extended by the City of Pickering. Attachment 1 to Report PLN 21-24 Liv e r p o o l R o a d F r o n t R o a d Annland Street Broadview Street Commerce Street Wharf Street Ple a s a n t S t r e e t F r e n c h m a n ' sB a y ProgressFrenchman'sBay East Park 1276 12821288 12 9 0 12 9 2 1280 1294 607 60 9 640 © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: OPA 23-001/P, A 02/23, SP-2023-01 & CP-2023-02 Date: May18, 2023 ¯ E Liverpool Road Limited Partnership607 & 609 Annland Street, 640 Liverpool Road & SubjectLands L:\PLANNING\01-MapFiles\OPA\2023\OPA 23-001P, A02-23, SP-2023-01 & CP-2023-02\OPA 23-001P_LocationMap.mxd 1:2,000 SCALE:THIS IS NOT A PLAN OF SURVEY. 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street ~o/ P1CKER1NG Air Photo Map File : OPA 23-001/P, A 02/23, SP-2023-01 & CP-2023-02 Applicant: Liverpool Road Limited Partnership Municipal Address. 607 & 609Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, • 1292 & 1294 Wharf Street City Development Department © The Corporation of the City of Pid<ering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources,All rights reserved.; © HerMajesty the Queen in Righi of Canada, Department of Natural Resources. All rights reserved.; ©Teranet Enterprises Inc. and ~s suppfiers,All rights reserved.:© Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Date: May. 18, 2023 SCALE: 1:4,000 I THt$l$N01API.A/1<$-St,AVEY Attachment 2 to Report PLN 21-24 Attachment 3 to Report PLN 21-24 L:\Planning\01-MapFiles\OPA\2023 April 23, 2023DATE: Applicant: Municipal Address: File No: Original Conceptual Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 23-001/P, A 02/23, SP-2023-01 & CP-2023-02 Liverpool Road Limited Partnership 607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street 1272 Wharf Street Outdoor Amenity Area Easement Required Full Moves Access Live- Work Units Full Moves Access Block 1 Block 2 Block 9 Block 8 Block 5Block 6Block 7 Bl o c k 3 Bl o c k 4 Bl o c k 1 0 Vi s i t o r Pa r k i n g Vi s i t o r Pa r k i n g Vi s i t o r Pa r k i n g Vi s i t o r Pa r k i n g Live- Work Units Landscaped Entry Feature Attachment 4 to Report PLN 21-24 L:\Planning\01-MapFiles\OPA\2023 May 10, 2024DATE: Applicant: Municipal Address: File No: Revised Conceptual Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 23-001/P, A 02/23, SP-2023-01 & CP-2023-02 Liverpool Road Limited Partnership 607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street N Attachment 5 to Report PLN 21-24 L:\Planning\01-MapFiles\OPA\2023 April 23, 2023DATE: Applicant: Municipal Address: File No: Submitted Draft Plan of Subdivision FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 23-001/P, A 02/23, SP-2023-01 & CP-2023-02 Liverpool Road Limited Partnership 607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street N Attachment 6 to Report PLN 21-24 L:\Planning\01-MapFiles\OPA\2023 May 10, 2024DATE: Applicant: Municipal Address: File No: Revised Draft Plan of Condominium FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 23-001/P, A 02/23, SP-2023-01 & CP-2023-02 Liverpool Road Limited Partnership 607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street Attachment 7 to Report PLN 21-24 L:\Planning\01-MapFiles\OPA\2023 May 10, 2024DATE: Applicant: Municipal Address: File No: Conceptual Elevations - Live/Work Units FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 23-001/P, A 02/23, SP-2023-01 & CP-2023-02 Liverpool Road Limited Partnership 607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street View from Liverpool Road View from Wharf Street View from Annland Street Attachment 8 to Report PLN 21-24 Conceptual Elevations - Traditional Townhouse Units City Development Department May 10, 2024FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. OPA 23-001/P, A 02/23, SP-2023-01 & CP-2023-02 Liverpool Road Limited PartnershipApplicant: Municipal Address: DATE: File No: 607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, L:\Planning\01-MapFiles\OPA\2023 1288, 1290, 1292 & 1294 Wharf Street View from Wharf Street View from Private Road Attachment 9 to Report PLN 21-24 L:\Planning\01-MapFiles\OPA\2023 May 10, 2024DATE: Applicant: Municipal Address: File No: Conceptual Elevations - Rear-Lane Townhouse Units FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department OPA 23-001/P, A 02/23, SP-2023-01 & CP-2023-02 Liverpool Road Limited Partnership 607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street View from Annland Street