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HomeMy WebLinkAboutDecember 6, 2021Planning & Development Committee Meeting Agenda December 6, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Butt Due to COVID-19, the City of Pickering continues to hold electronic Council and Committee Meetings. Members of the public may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. Page 1.Roll Call 2.Disclosure of Interest 3.Statutory Public Meetings Statutory Public Meetings are held to receive input and feedback on certain types of planning applications. Due to the need to hold electronic meetings during the COVID-19 pandemic, members of the public who wish to address the Planning & Development Committee for any matters listed under Statutory Public Meetings may do so via an audio connection into the electronic meeting. To register as a delegate, visit www.pickering.ca/delegation and complete the on-line delegation form or email clerks@pickering.ca by 12:00 noon on the business day prior to the meeting. Please ensure that you provide the telephone number you wish to be called at so that you can be connected via audio when it is your turn to make a delegation. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 3.1 Information Report No. 16-21 1 Zoning By-law Amendment Application A 09/21 S. Larkin Developments Inc. 5435 Brock Road 3.2 Information Report No. 17-21 14 City Initiated Zoning By-law Amendment A 12/21 Proposed Reduction of the Maximum Dwelling Height for Infill and Replacement Dwellings Multiple Properties in the Established Neighbourhood Precinct Overlay Zones For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Planning & Development Committee Meeting Agenda December 6, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Butt 4. Delegations Due to COVID-19, members of the public looking to provide a verbal delegation to Members of the Planning & Development Committee for any matters listed under Planning and Development Reports, may do so via an audio connection into the electronic meeting. To register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Persons who wish to speak to an item that is on the agenda must register by 12:00 noon on the last business day before the meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 5. Planning & Development Reports 5.1 Director, City Development & CBO, Report PLN 44-21 21 Revised Zoning By-law Amendment Application A 12/17 (R) Draft Plan of Subdivision SP-2020-03 Draft Plan of Condominium CP-2020-03 Brock Dersan Developments Inc. Southwest corner of Brock Road and Dersan Street (2540 and 2550 Brock Road) Recommendation: 1. That Zoning By-law Amendment Application A 12/17 (R), submitted by Brock Dersan Developments Inc., to permit a residential condominium development consisting of a mix of townhouse dwellings for the lands located at the southwest corner of Brock Road and Dersan Street, be endorsed subject to the proposed zoning provisions contained in Appendix I to Report PLN 44-21, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and, For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Planning & Development Committee Meeting Agenda December 6, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Butt 2. That Draft Plan of Subdivision Application SP-2020-03, submitted by Brock Dersan Developments Inc., to establish a single development block to facilitate a residential condominium development, as shown on Attachment #7 to Report PLN 44-21, and the implementing conditions of approval, as set out in Appendix II, be endorsed. 6. Other Business 7. Adjournment For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Information Report to Planning & Development Committee Report Number: 16-21 Date: December 6, 2021 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application A 09/21 S. Larkin Developments Inc. 5435 Brock Road 1. Purpose of this Report The purpose of this report is to provide preliminary information on an application for Zoning By-law Amendment, submitted by S. Larkin Developments Inc., to formalize the existing industrial uses and to permit the development of three new industrial buildings and a retail gasoline outlet with accessory retail and commercial uses. This report contains general information on the applicable Official Plan and other related policies and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. The Planning & Development Committee will hear public delegations on the application, ask questions of clarification, and identify any planning issues. This report is for information and no decision on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Property Location and Description The subject lands are located on the south side of Uxbridge Pickering Townline Road between Old Brock Road and Brock Road (Claremont By-pass) within the Hamlet of Claremont (see Location Map, Attachment #1). The site has an area of approximately 4.4 hectares and approximately 405 metres of frontage along Old Brock Road and 452 metres along Brock Road (Claremont By-pass). An existing wetland is identified at the southeast corner of the property. The site contains an existing single-storey,1,287 square metre industrial building with outdoor storage, which is currently occupied by a machinery sales and repair shop (see Figure 1 below). Currently stored outside are existing truck trailers, mobile trailers, shipping containers, construction vehicles and other equipment associated with the machinery sales and repair shop. The applicant has indicated that the machine shop and outdoor storage uses have existed on the property since 1975. The existing industrial building is proposed to remain. - 1 - Information Report 16-21 Page 2 The site also contains a temporary trailer, which is currently occupied by a landscape business, with associated outdoor storage, and a detached dwelling. Associated with the landscape business are commercial trucks, aggregates and other equipment stored outside. The applicant has indicated that the landscape business has existed on the property since 1996. The trailer and detached dwelling are proposed to be removed/demolished. Figure 1: Existing uses on the subject property Existing Machinery Sales and Repair Shop Subject Lands (5435 Brock Rd) Existing Dwelling Existing Landscape Business with outdoor storage The surrounding land uses are as follows (see Air Photo Map, Attachment #2): North: Immediately to the north is Uxbridge Pickering Townline Road. Further north located within the Town of Uxbridge are detached dwellings on large residential lots and agricultural lands. - 2 - Information Report 16-21 Page 3 South: Immediately to the south is a large parcel of land that contains a barn and a detached dwelling. Further south, along the east side of Old Brock Road, is an industrial building occupied by an auto repair shop. Across the street from the auto repair shop is a commercial building occupied by a retail store selling household/farm supplies and a restaurant. East: To the east, across Brock Road (Claremont By-pass), are agricultural lands. West: To the west, across Old Brock Road, are detached dwellings on large residential lots. 3. Applicant’s Proposal S. Larkin Developments Inc. has submitted an application for a Zoning By-law Amendment to rezone the subject lands to an appropriate zone category to formalize the existing industrial uses and to expand the list of permitted uses to facilitate the redevelopment of the lands for industrial and commercial purposes. The proposed redevelopment is intended to be developed in three phases (see Submitted Site Plan, Attachment #3). As part of Phase 1, the applicant is requesting to recognize the existing single-storey, 1,287 square metre industrial building with outdoor storage, located on the west side of the property fronting Old Brock Road. In support of this building, the applicant is proposing 28 parking spaces and no loading space or accessible parking spaces. The applicant is proposing a retail gasoline outlet within Phase 1, which contains 6 islands (12 pumps) weather protected by a canopy. A separate set of pumps for larger commercial vehicles (also weather protected by a canopy) is proposed to the west of the gasoline outlet, immediately north of the existing industrial building. Two underground fuel tanks are located just north of the commercial vehicle pumps. A 111 square metre automatic car wash facility is proposed to the south of the gasoline outlet. A vehicular stacking lane with a queuing for up to 5 vehicles is proposed on the east side of the car wash facility. The facility has an associated parking area, including 8 parking spaces and 2 spaces with an air pressure/vacuum stall. Also proposed is a single-storey, 250 square metre accessory commercial building containing a retail store, (which will also handle gas purchases), and a restaurant with a drive-through facility along the north and east sides of the commercial building. A total of 2 vehicle stacking spaces are provided before the order board and 7 vehicle stacking spaces are proposed between the order board and the pick-up window. The commercial building has a single loading space and an associated parking area, including 9 parking spaces and a single accessible space. Phase 1 of the proposed redevelopment also includes a new single-storey, 568 square metre industrial building located on the west side of the property fronting Old Brock Road. The building will have a loading space and an associated parking area, including 44 parking spaces and 2 accessible spaces. - 3 - Information Report 16-21 Page 4 Phase 2 of the proposed redevelopment includes another new single-storey, 480 square metre industrial building located at the northern portion of the property. A parking area is proposed to support this building, including 40 parking spaces and no loading space or accessible spaces. Finally, Phase 3 includes a third new single-storey, 542 square metre industrial building located on the east side of the property fronting Brock Road (Claremont By-Pass). The building has 2 loading spaces and an associated parking area, including 36 parking spaces and 2 accessible spaces. Municipal servicing is not available for the subject lands. A private well is proposed at the most northern portion of the property, which will service the entire site for internal and fire uses through a private water network. A proposed septic system is located at the southwest corner of the site. All sanitary and servicing works are proposed to be completed during Phase 1 of the redevelopment. Currently, two existing right-in/right-out vehicle accesses are from Old Brock Road, which are proposed to remain. A new third right-in/right-out vehicle access point is proposed along the west property line immediately north of the two existing accesses. Along the east property line, another new right-in/right-out/left-in vehicle access point is proposed from Brock Road (Claremont By-pass) located in proximity to the retail gasoline outlet. All three phases of the proposed redevelopment will be subject to site plan approval. 4. Policy Framework 4.1 Oak Ridges Moraine Conservation Plan The Oak Ridges Moraine Conservation Plan (ORMCP) designates the subject lands as “Countryside Area – Rural Settlement”. Small-scale commercial and industrial uses are permitted in Rural Settlement Areas, provided the uses does not require large-scale modifications of terrain and/or vegetation, or large-scale buildings and structures. The Plan states that an application for a small-scale commercial or industrial use within a Countryside Area may not be approved unless the applicant demonstrates that the buildings and structures will be planned, designed and constructed so as not to adversely affect the rural character of the Countryside Areas and the ecological integrity of the Plan Area. In addition, the applicant must demonstrate that the new or expanded uses will have no adverse impacts on surrounding agricultural operations and lands, or that such impacts will be minimized and mitigated to the extent possible. The ORMCP identifies the subject lands as being within a Landform Conservation Area (Category 2). An application for development within a landform conservation area (Category 2) must identify planning, design and construction practices that will keep disturbance to landform character to a minimum, including limiting the portion of the net developable area of the site that is disturbed to not more than 50 percent of the total area of the site, and limiting the portion of the net developable area of the site that has impervious surfaces to more than 20 percent of the total area of the site. In addition, major development (“major development” includes the development of buildings with a - 4 - Information Report 16-21 Page 5 ground floor area of 500 square metres or more) within a landform conservation area must be accompanied by a landform conservation plan and a development strategy that identifies appropriate planning, design and construction practices to minimize the disruption to landform character. The applicant’s proposal will be assessed against the provisions of the Oak Ridges Moraine Conservation Plan during the further processing of the application. 4.2 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as “Oak Ridges Moraine Areas – Countryside Area”. Small-scale commercial and industrial uses are permitted within the Countryside Area. The subject lands have frontage along Brock Road (Claremont By-Pass), which is designated as a Type ‘A’ Arterial Road in the Regional Official Plan. Type ‘A’ Arterial Roads are designed to carry large volumes of traffic at moderate to high speeds and connect to freeways and arterial roads. The right-of-way width requirement for Type ‘A’ arterial roads is between 36 and 45 metres. The applicant’s proposal will be assessed against the policies and provisions of the Durham Regional Official Plan during the further processing of the application. 4.3 Pickering Official Plan The Pickering Official Plan designates the subject lands as “Rural Settlements – Oak Ridges Moraine Rural Hamlets”. This designation provides opportunities for redevelopment and infilling within the existing hamlet boundary, permitting a variety of uses including residential, employment, commercial, community, cultural and recreational. The Claremont Settlement Map (Schedule IV – 10 to the City’s Official Plan) designates the subject lands as “Hamlet Employment”. Permissible uses within Hamlet Employment designation include manufacturing, assembly, processing of goods, service industries, research and development facilities, warehousing, storage of goods and materials, offices, limited retailing associated with an industrial operation, and automotive uses. The Official Plan has additional policies related to retail gasoline outlets. The policies state that within the urban area or within a rural hamlet, City Council may approve a site-specific zoning by-law amendment with appropriate provisions and restrictions to permit a retail gasoline outlet in any land use designation expect for “Open Space – Natural Areas”, provided: • the retail gasoline outlet maintains the goals, objectives and policies of the City’s Official Plan; • the retail gasoline outlet obtains access from an arterial road as identified on Schedule II of the City’s Official Plan; • the retail gasoline outlet is not located adjacent to or opposite a school; - 5 - Information Report 16-21 Page 6 • the number of retail gasoline outlets is limited to a maximum of 2 outlets within 100 metres of any intersection; and • the retail gasoline outlet will not adversely affect the safe and convenient movement of pedestrian and vehicular traffic. The City’s Official Plan designates the lands to the east of the subject property as “Oak Ridges Moraine Natural Core Area”. The lands to the west and east of the subject property are also designated as “Natural Heritage System” containing significant woodlands and wetlands. A natural heritage evaluation is required for any proposed development within the Oak Ridges Moraine on lands within the minimum area of influence that relates to a key natural heritage feature, but outside the key natural feature itself, and the related minimum vegetation protection zone. The evaluation must demonstrate the following: • that the development or site alteration applied for will have no adverse effects on the key natural heritage feature or on the related ecological functions; • identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the key natural heritage feature and its connectivity with other key natural heritage features; and • how connectivity within and between key natural heritage features will be maintained and, where possible, improved or restored before, during and after construction. Old Brock Road is identified as a local road within the Pickering Official Plan, designed to carry local traffic and provide access to individual properties, to other local roads and collector roads. Local roads generally have a right-of-way width of up to 20 metres, except local roads serving industrial properties which may have a right-of-way width of up to 23 metres. Brock Road (Claremont By-pass) is identified as Type ‘A’ arterial road within the Pickering Official Plan, which is the highest order arterial road, designed to carry large volumes of traffic at moderate to high speeds. Type ‘A’ arterial roads generally have a right-of-way width ranging from 36 to 50 metres. The applicant’s proposal will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application. 4.4 Zoning By-law 3037, as amended by By-law 6640/06 The subject lands are currently zoned “ORM-A” – Oak Ridges Moraine Agricultural Zone within Zoning By-law 3037, as amended by By-law 6640/06. Permitted uses within the ORM-A Zone include agricultural uses, detached dwelling, home-based business and home industry, among other conservation and farm-related uses. The applicant is proposing to rezone the subject lands to an appropriate zone category to facilitate the proposed redevelopment for industrial and commercial purposes. Specifically, the applicant is requesting to rezone the lands to “ORM-M1” – Oak Ridges Moraine Industrial Zone. - 6 - Information Report 16-21 Page 7 The applicant’s requested permitted uses include a bakery, business office, creamery, dairy, dry cleaning pressing or laundry establishment, farm implement sales outlet, garage, light manufacturing or assembly of manufactured products, printing or duplicating shop, professional office, railway loading facilities, retail sales accessory to a permitted use, service or repair shop, warehouse or distributing depot, construction workshop/supply yard, metal fabrication, heavy equipment machinery repair/sales shop, general-purpose workshop and associated equipment parking, self-storage, outdoor storage, and automobile service station. 5. Comments Received 5.1 Public Comments Notice of the Electronic Statutory Public Meeting regarding this application was provided through a mailing to all properties within 150 metres of the subject lands, including those properties located within the Town of Uxbridge. Two public meeting notice signs were erected at the property on November 1, 2021, located along the west and east property lines. As of the date of this report, City staff have received the following comments from an area resident: • considering Claremont has a newly renovated gas station to serve the immediate and surrounding community and an additional gas station located at Coppins Corners, and considering global conservation and climate initiatives to reduce/eliminate the use of fossil fuels, approval of this zoning by-law amendment application would be contrary to the interests of the Hamlet of Claremont, the Region, and out of step with the global initiatives; • concerns related to noise, specifically the continuous noise of trucks braking or accelerating to enter or exit the subject property; and • concerns with an increase in litter due to the proposed restaurant use. 5.2 Agency Comments 5.2.1 Canadian Pacific Railway (CPR) • CPR’s approach to development in the vicinity of rail operations is encapsulated by the recommended 2013 Proximity Guidelines developed through collaboration between the Railway Association of Canada and the Federation of Canadian Municipalities. • Should the redevelopment proposal receive approval, CPR respectfully requests that the recommended 2013 Proximity Guidelines be followed. 5.2.2 Other Agencies As of the date of writing this report, no comments have been received from the Region of Durham Planning Department, the Region of Durham Health Department, the Region of Durham Works Department, the Toronto and Region Conservation Authority or the Town of Uxbridge. - 7 - Information Report 16-21 Page 8 5.3 City Department Comments 5.3.1 Engineering Services As of the date of writing this report, no comments have been received from Engineering Services. 5.3.2 Fire Services • The applicant must address the fire route and adequate water for this plan. 6. Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance raised to date. These matters, and others identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant before a final recommendation report to Planning & Development Committee: • ensure the proposed requested lands uses are consistent with the policies of the Oak Ridges Moraine Conservation Plan, Durham Regional Official Plan and Pickering Official Plan; • review whether the policies in the Oak Ridges Moraine Conservation Plan that relate to landform conservation areas apply to the subject lands; • ensure the Region of Durham concurs with the recommendations of the submitted Traffic Impact Study, particularly the proposed right-in/right-out/left-in vehicle access along Brock Road (Claremont By-law Pass); • review the request for a proposed third vehicle access onto Old Brock Road; • ensure the Region of Durham Health Department is satisfied with the proposed private servicing to accommodate the proposed existing and new uses, particularly the proposed automatic car wash facility; • in consultation with the Toronto and Region Conservation Authority, determine whether the 30-metre minimum vegetation protection zone is sufficient to protect the existing wetland at the southeast corner of the site; • assess the suitability and appropriateness of the request to permit all proposed uses on the site to be carried on without an enclosed building or structure; • establish appropriate restrictions for the proposed outdoor storage use, such as regulating the type and amount of outdoor storage permitted on the lot, and regulate where outdoor storage may be located on the site, as to not have a negative visual impact on the residential properties to the west; and • ensure the proposed drive-through facility associated with the restaurant use provides for sufficient vehicle stacking. Further issues may be identified following receipt and review of comments from the circulated departments, agencies and public. The City Development Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies, and public. - 8 - Information Report 16-21 Page 9 7. Information Received Copies of the plans and studies listed below are available for viewing on the City’s website at pickering.ca/devapp or in person at the office of the City of Pickering, City Development Department: • Functional Servicing and Stormwater Management Report, prepared by Stantec, dated January 17, 2019; • Natural Heritage Evaluation Report and Oak Ridges Moraine Conformity Evaluation, prepared by Stantec, dated January 17, 2019; • Phase One Environmental Site Assessment Update, prepared by G2S Consulting Inc., dated July 23, 2021; • Planning Justification Report, prepared by Humphries Planning Group Inc., dated June 2021; • Preliminary Geotechnical/Hydrogeological Report, prepared by Stantec, dated January 17, 2019; • Proposed Zoning By-law Amendment, prepared by Humphries Planning Group Inc., dated June 2021; • Site Plan, prepared by Caricari Lee Architects, dated November 28, 2017; and • Traffic Impact Study, prepared by Paradigm Transportation Solutions Limited, dated June 2019. 8. Procedural Information 8.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Electronic Statutory Public Meeting; • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; • any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and • any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. 9. Owner/Applicant Information The owner of this property S. Larkin Developments Inc. and is represented by Humphries Planning Group Inc. Attachments: 1. Location Map 2. Air Photo Map 3. Submitted Site Plan - 9 - Information Report 16-21 Page 10 Prepared By: Original Signed By Isabel Lima (Acting) Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner IL:ld Date of Report: November 12, 2021 - 10 - Attachment #1 to Information Report 16-21 Ninth Concession Road City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 09/21 Date: Oct. 26, 2021 S. Larkin Developments Inc. City of Pickering 5435 Brock Road Uxbridge Pickering Townline Road SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 09-21 - S. Larkin Developments Inc\A09_21_LocationMap.mxd 1:10,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Town of Uxbridge Bro c k R o a d Br o c k R o a d Claremont Hamlet Boundary - 11 - Attachment #2 to Information Report 16-21 Ux bridge P ic kering Townline R oad Bro c k R o a d Hoxton Street Si d e l i n e 1 6 T r a c k S tr e e t Air Photo MapFile:Applicant:Municipal Address: A09/21 Date: Sep. 21, 2021 S. Larkin Developments Inc.5435 Brock Road SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 09-21 - S. Larkin Developments Inc\A09_21_AirPhoto.mxd 1:5,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Br o c k R o a d City of Pickering Town of Uxbridge - 12 - Attachment #3 to Information Report 16-21 L:\Planning\01-MapFiles\A\2021 Sept. 21, 2021DATE: Applicant: Municipal Address: File No: Submitted Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 09/21 5435 Brock Road S. Larkin Developments Inc. - 13 - Information Report to Planning & Development Committee Report Number: 17-21 Date: December 6, 2021 From: Catherine Rose, MCIP, RPP Chief Planner Subject: City Initiated Zoning By-law Amendment A 12/21 Proposed Reduction of the Maximum Dwelling Height for Infill and Replacement Dwellings Multiple Properties in the Established Neighbourhood Precinct Overlay Zones 1. Purpose of this Report The purpose of this report is to provide information on a City Initiated zoning by-law amendment to reduce the maximum permitted Dwelling Height for Infill and Replacement Dwellings from 10.0 to 9.0 metres in Established Neighbourhood Precinct Overlay Zones. This report contains general information on the applicable Official Plan and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the application, ask questions of clarification and identify any planning matters. This report is to be received and no decision is to be made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Background In September 2017, Council directed staff to undertake an Infill & Replacement Housing in Established Neighbourhoods Study (the Infill Study). The Infill Study recommendations provided direction on the future evolution of the City’s identified established neighbourhood precincts so that neighbourhood precinct character is properly considered through the development and building approval processes for infill and replacement housing. The results of that Study included various proposed changes to the Pickering Official Plan and Zoning By-laws, and a recommendation to adopt Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, dated August 2020 (see Recommendation Report PLN 18-20). Following the conclusion of the Infill Study in September 2020, Council authorized staff to initiate the Official Plan and Zoning By-law Amendment processes (OPA 20-006/P and A 11/20) to implement the recommendations of the Infill Study, and Council adopted Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, dated August 2020 (see Resolution #428/20, Attachment #1). - 14 - Information Report 17-21 Page 2 Following the planning process for those applications, including consultation with the public and agencies, staff, through Report PLN 33-21 dated September 13, 2021, recommended: • the approval of Official Plan Amendment 40 (OPA 40), which added new policies to the Pickering Official Plan with regard to Infill and Replacement Housing in Established Neighbourhood Precinct areas; • the adoption of Informational Revision 28, which added a layer identifying the boundaries of Established Neighbourhood Precincts to the informational neighbourhood maps contained within Chapter 12 – Urban Neighbourhoods, of the Pickering Official Plan; • the approval of amendments to Zoning By-laws 2511, 2520 and 3036 identifying an “Established Precinct Overlay Zone” with additional zoning provisions which included new definitions and development standards to limit the scale and massing of Infill and Replacement Housing in the identified Established Neighbourhood Precincts, and transitional provisions which address how Planning Act applications will be reviewed and addressed through the transition period between the adoption of the by-law amendments and any potential appeal process; and • the adoption of Revised Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, August 2021. One of the provisions in the draft Zoning By-law Amendments was the Maximum Dwelling Height of 9.0 metres. While there had been some comments through the process about the 9.0 metre maximum dwelling height, it was not a major topic of discussion. The maximum dwelling height maintained the 9.0 metres height limit established through City Initiated Zoning By-law Amendment A 9/17, which resulted in the passing of By-law 7610/18 establishing 9.0 metres as the maximum height in the R3 and R4 zoning categories in By-laws 2511 and 2520. That By-law was not appealed. On September 13, 2021, Planning & Development Committee approved the recommendations of Report PLN 33-21. On September 27, 2021, Council considered the Report of the Planning & Development Committee. Following discussion about the Infill & Replacement Housing in Established Neighbourhood Official Plan and Zoning By-law Amendments, and prior to voting on the item, Council moved and approved an amendment to the Zoning By-laws amending 2511, 2520 and 3036, to increase the maximum Dwelling Height within the Established Neighbourhood Precincts from 9.0 metres to 10.0 metres. The item was carried as amended, thus affecting Zoning By-laws 7872/21, 7873/21, and 7874/21. The By-law adopting Official Plan Amendment 40 was not affected. On October 25, 2021, Council reconsidered its decision of September 27, 2021, and directed staff to initiate an amendment to Zoning By-laws 7872/21, 7873/21, and 7874/21 to reduce the maximum Dwelling Height provision from 10.0 metres to 9.0 metres within Established Neighbourhood Precincts, in accordance with the original recommendations of Report PLN 33-21 of the Planning & Development Committee of September 13, 2021. - 15 - Information Report 17-21 Page 3 3. Proposal amending Zoning By-laws 7872/21, 7873/21, and 7874/21 The City Initiated Zoning By-law Amendment proposes to reduce the maximum permitted Dwelling Height for Infill and Replacement Dwellings from 10.0 to 9.0 metres in Established Neighbourhood Precinct Overlay Zones set out in Zoning By-laws 7872/21, 7873/21, and 7874/21, which amend Zoning By-laws 2511, 2520 and 3036, as amended, respectively. The areas within the Established Neighbourhood Precinct Overlay Zones are shown on the Location Map provided as Attachment #2. No change is proposed to the areas within the Established Neighbourhood Precinct Overlay Zones. 4. Policy Framework 4.1 Durham Regional Official Plan Lands identified within the Established Neighbourhood Precinct Overlay Zones are designated as “Living Areas” in the Durham Regional Official Plan. Lands within the “Living Areas” designation shall be used predominantly for housing purposes, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed Zoning By-law Amendment conforms to the policies of the Durham Regional Official Plan. 4.2 Pickering Official Plan The Pickering Official Plan designates the lands within the Established Neighbourhood Precinct Overlay Zones as “Urban Residential Areas – Low Density Areas”. The “Urban Residential Areas – Low Density” designation include areas intended primarily for housing and related uses and activities, and permits a maximum net residential density of 30 dwellings per net hectare. An objective of the City’s Official Plan is to protect and enhance the character of established neighbourhoods and to have consideration for such matters as building height, yard setback, lot coverage, access to sunlight, parking provisions and traffic implications in establishing performance standards. In addition, as noted earlier in Section 2, on September 27, 2021, Council approved OPA 40, which added new policies to the Pickering Official Plan, identified certain areas within the City that may be more susceptible to the construction of Infill and Replacement Dwellings, and required that such new development fits in, complements and is compatible with the character of the Established Neighbourhood Precinct. The proposed Zoning By-law Amendment conforms to the policies of the Pickering Official Plan. 4.3 The Neighbourhood Development Guidelines There are three Neighbourhood Development Guidelines that apply to areas subject to the proposed zoning by-law provision. They are the Rosebank Neighbourhood Development Guidelines, the Liverpool Road Waterfront Node Development Guidelines, and the Dunbarton Neighbourhood Development Guidelines. - 16 - Information Report 17-21 Page 4 The proposed Zoning By-law Amendment does not conflict with these Development Guidelines. 5. Notice and Comments Received 5.1 Notice On November 12, 2021, written notice of the Statutory Public Meeting was mailed to landowners within the Established Neighbourhood Precincts and to landowners within 150 metres of the subject precincts. The notice was also posted on the City’s website. On November 8, 2021, the application was circulated to the City departments and agencies for review and comment. In addition, notice of the Statutory Public Meeting being hosted on December 6, 2021, will be placed on the Community Page in the November 25, 2021 and December 2, 2021 editions of the News Advertiser. All individuals and organizations listed on the Interested Parties List for the Infill Study, and Amendment Applications OPA 20-006/P and A 11/20 were also notified of the public meeting. 5.2 Public Comments At the time of writing this Report, no comments have been received from the public. 5.3 Agency and City Department Comments At the time of writing this Report, no comments have been received from the circulated agencies and City departments. 6. Procedural Information 6.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Electronic Statutory Public Meeting; • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; • any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and • any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. 7. Information Received Copies of the reports and studies in support of the application are listed below and are available for viewing on the City’s website at pickering.ca/devapp or at the offices of the City of Pickering, City Development Department: - 17 - Information Report 17-21 Page 5 • Report PLN 33-21; • Report PLN 18-20; • Infill & Replacement Housing in Established Neighbourhoods Study, Planning Recommendations Report, August 2020; • Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, August 2021. 8. Other Information The City received 2 appeals in respect of Official Plan Amendment 40 (By-law 7871/21) and Zoning By-laws 7872/21, 7873/21, and 7874/21 (OPA 20-006/P and A 11/20); one appealing the by-law to adopt the Official Plan amendment and the by-laws amending By-laws 2511, 2520 and 3036; and the other appealing the by-law to adopt the Official Plan amendment and the by-law amending By-law 2511. The appeal package has been submitted to the Ontario Land Tribunal. 9. Next Steps Following the public meeting, all comments received either through the public meeting or through written submissions, will be considered by Planning staff in its review and analysis of the proposed amendment. At such time as input from the public, agencies and departments have been received and assessed, a recommendation report will be brought forward to the Planning & Development Committee for consideration. Attachments: 1. Resolution #428/20 2. Location Map Prepared By: Original Signed By Margaret Kish, MCIP, RPP Principal Planner, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner MK:DJ:ld Date of Report: November 16, 2021 - 18 - Attachment #1 to Information Report 17-21 Legislative Services Division Clerk’s Office Directive Memorandum October 2, 2020 To: Kyle Bentley Director, City Development & Chief Building Official From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on September 28, 2020 Director, City Development & CBO, Report PLN 18-20 Infill and Replacement Housing in Established Neighbourhoods Study -Planning Recommendations Report (Phase 3 Report) Council Decision Resolution #428/20 1.That the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, as contained in Attachment #1 to Report 18 -20, be endorsed; 2.That, in accordance with the recommendations in the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, City staff; a)be authorized to initiate the recommended Official Plan and Zoning By-law Amendment processes; b)be authorized to undertake the necessary steps to implement the recommended by-law to restrict the width of driveways in the public right-of- way; and, c)be directed to investigate the implementation of a by-law for the protection of trees on private property and report back to Council in mid 2021. 3.That Council adopt the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts contained in Appendix B of the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020. Please take any action deemed necessary. Susan Cassel Copy: Interim Chief Administrative Officer - 19 - Attachment #2 to Information Report 17-21 No t i o n R o a d Glena n naRoad S tr o u d s Lane Bayly Street Pic k eringParkway V a lley F ar m Road Dixie Road Sq u i r e s B e a c h R o a d Al t o n a R o a d Sandy Beach Road Finch Avenue Liverpool Road Fa i r p o r t R o a d K in g s t o n R o a d R osebank Road Gra n i t e Court Third Conc es s ion Road Broc k Road Highway 401 Clements Road Sc a r b o r o u g h P i c k e r i n g T o w n l i n e McKa y Road W hites Road Si d e l i n e 3 4 Taunton Road Rosebank West Shore BrockIndustrial Rougemount Woodlands Dunbarton Highbush Amberlea BrockRidge Rouge Park DuffinHeights BayRidges City Centre Liverpool VillageEast City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 12/21 Date: Nov. 16, 2021 ¯ City of PickeringEstablished Neighbourhood Precinct Overlay Zones Lake Ontario L:\PLANNING\01-MapFiles\A\2021\A 12-21 - Infill Height reduction\A12_21_LocationMap.mxd 1:45,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Legend Neighbourhood Boundaries Established Neighbourhood Precinct Overlay Zones - 20 - Report to Planning & Development Committee Report Number: PLN 44-21 Date: December 6, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Revised Zoning By-law Amendment Application A 12/17 (R) Draft Plan of Subdivision SP-2020-03 Draft Plan of Condominium CP-2020-03 Brock Dersan Developments Inc. Southwest corner of Brock Road and Dersan Street (2540 and 2550 Brock Road) Recommendation: 1. That Zoning By-law Amendment Application A 12/17 (R), submitted by Brock Dersan Developments Inc., to permit a residential condominium development consisting of a mix of townhouse dwellings for the lands located at the southwest corner of Brock Road and Dersan Street, be endorsed subject to the proposed zoning provisions contained in Appendix I to Report PLN 44-21, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and 2. That Draft Plan of Subdivision Application SP-2020-03, submitted by Brock Dersan Developments Inc., to establish a single development block to facilitate a residential condominium development, as shown on Attachment #7 to Report PLN 44-21, and the implementing conditions of approval, as set out in Appendix II, be endorsed. Executive Summary: Brock Dersan Developments Inc. has submitted applications for a draft plan of subdivision, draft plan of condominium and zoning by-law amendment to facilitate a residential condominium development on lands located at the southwest corner of Brock Road and Dersan Street within the Duffin Heights Neighbourhood. The applicant previously proposed a phased residential condominium development consisting of 411 units, (then revised the proposal to 394 units), including 2 apartment buildings and a mix of stacked and traditional townhouse units. The applicant proposed to utilize the Bonus Zoning provisions of the City’s Official Plan to increase the maximum permitted density beyond what is allowed by the Official Plan, in exchange for the provision of a community benefit under Section 37 of the Planning Act. The applicant submitted a revised zoning by-law amendment application, accompanied by new applications for a draft plan of subdivision and a draft plan of condominium, to permit a residential condominium development containing a total of 204 townhouse units. The applicant advised that given the changes in the market conditions, the original proposal was not feasible, and therefore, a revised proposal was submitted. This revised proposal no longer includes a request to utilize the Bonus Zoning provisions of the City’s Official Plan to increase the maximum permitted density beyond what is allowed by the Official Plan, in exchange for the provision of a community benefit under Section 37 of the Planning Act. - 21 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 2 In response to comments received from City departments, external agencies and the Planning & Development Committee, the applicant revised their proposal. The key revisions to the proposal include: • reduced the total number of townhouse units from 204 units to 197 units (a reduction of 7 units); • enlarged the private park area from 644 square metres to 737 square metres to provide for a larger centralized amenity space area; • enlarged the pedestrian mews between Blocks 9 to 12 from approximately 387 square metres to 757 square metres to create a larger common element area between the stacked townhouse blocks; • slightly increased the landscape entry gateway feature from 433 square metres to 460 square metres; • increased the driveway length to 6.0 metres for all stacked townhouse units located within Blocks 9 to 12, except for the two westerly end units within Blocks 11, to allow for a second parking space and a pad area to place household garbage on waste collection day; and • improved internal pedestrian pathways, building setbacks and aliments of private roads. City Development staff are in support of the revised proposal. The revised proposal is consistent with the policies of the Official Plan Duffin Heights Neighbourhood and achieves the design objectives of the Duffin Heights Neighbourhood Development Guidelines. The proposed development places the 4-storey back-to-back townhouses adjacent to Brock Road and establishes a well-defined urban street edge along Brock Road. The proposed development will create a focal point at the intersection of Brock Road and Dersan Street by appropriately framing the intersection and creating a gateway into the community. The proposed site layout and design represent a logical and orderly development of the site. Accordingly, staff recommends that Council approve Draft Plan of Subdivision Application SP-2020-03 and related conditions of approval and Zoning By-law Amendment Application A 12/17 (R). Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description The subject lands comprise of 3 separate properties located at the southwest corner of Brock Road and Dersan Street within the Duffin Heights Neighbourhood. The parcels have a combined area of approximately 2.56 hectares with frontages along Brock Road, Dersan Street and Four Seasons Lane (see Location Map, Attachment #1). The northwest corner of the subject lands includes an easement in favour of Hydro One. The site is currently occupied by a temporary sales office trailer, and the remaining lands are vacant with clusters of trees on the westerly portion of the subject lands. The trees are proposed to be removed to accommodate the development. - 22 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 3 The surrounding land uses include (see Air Photo Map, Attachment #2): North: Across Dersan Street, a 4-storey medical office building (Jerry Coughlan Health & Wellness Centre) is currently under construction; an existing municipal pumping station and further north is the Devi Mandir. East: Across Brock Road, Duffin Meadows Cemetery. South: A residential condominium development currently under construction by Madison Homes consisting of stacked and traditional townhouse units. West: Across Four Seasons Lane, lands are currently vacant. Applications for zoning by-law amendment and draft plan of subdivision for these lands were approved by the Local Planning Appeal Tribunal (LPAT) in July 2019 for a residential condominium development, submitted by 9004827 Canada Inc. (Stonepay). The proposed development will consist of stacked and back-to-back townhouse units, a village green and stormwater management pond. Site Plan Approval has been issued for Phase 1, which is located south of Palmers Sawmill Road, and is presently under construction. 1.2 Applicant’s initial high-density residential proposal In 2017, Brock Dersan Developments Inc. applied for a zoning by-law amendment to facilitate a phased residential condominium development consisting of 411 units. This proposal included 2 apartment buildings having building heights of 12 and 14-storeys, and containing a total of 176 apartment units and 235 townhouse units. The applicant proposed to utilize the Bonus Zoning provisions of the City’s Official Plan to increase the maximum permitted density beyond what is allowed by the Official Plan, from 140 units per net hectare to 162 units per net hectare, in exchange for the provision of a community benefit under Section 37 of the Planning Act. Subsequently, in response to comments received from City departments, external agencies and the Planning & Development Committee, the applicant revised their proposal in April 2019, by reducing the total number of units to 394 units; increasing the heights of the apartment buildings to 14 and 16-storeys, increasing the number of apartment units to 194 units, and reducing the number of townhouse units to 200 units. 1.3 Applicant’s current proposal In November 2020, the applicant submitted a new proposal. They advised that given the changes in the market conditions, the initial high-density proposal was not feasible, and therefore, a new proposal was submitted. This current proposal no longer includes a request to utilize the Bonus Zoning provisions of the City’s Official Plan. To facilitate the new proposal, the applicant submitted a revised zoning by-law amendment application, accompanied by new applications for a draft plan of subdivision, and a draft plan of condominium, proposing a residential condominium development containing a total of 204 townhouse units (see Submitted Conceptual Site Plan (2020), Attachment #3). The submitted application for the draft plan of subdivision proposed 3 blocks that generally - 23 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 4 reflected the composition of the condominium structure, which included a standard condominium for the stacked townhouses, and a common element condominium for the grade related townhouses (see Submitted Draft Plan of Subdivision (2020) and Submitted Draft Plan of Condominium (2020), Attachments #4 and #5, respectively). Through collaboration between City staff and the applicant, the above-noted proposal has been further refined to address various comments and concerns identified through the planning review process. Figure 1 below illustrates the location of the stacked townhouses and traditional townhouses within the development. Figure 1: Revised Site Plan (2021) Stacked Back-to-Back Townhouses with a below- grade parking garage Traditional townhouses with a single car garage Rear lane townhouses with double car garages Rear lane townhouses within double car garages Stacked Townhouses with a single car garage - 24 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 5 The table below summarizes the change in the units types between the November 2020 plan and the revised plan. Townhouse Types Submitted Plan (2020) Revised Plan (2021) Total Number of Townhouse Units 204 units 197 units Back-to-back Stacked Townhouses (Blocks 1 and 2) 68 units no change Traditional Townhouses (Blocks 3 and 4) 16 units no change Rear Lane Townhouses (Blocks 5, 6, 7, 8, 13 and 14) 55 units 52 units Stacked Townhouses (Blocks 9, 10, 11 and 12) 65 units 61 units Other key site design changes that have been made to the proposal include: • enlarging the private park area from 644 square metres to 737 square metres to provide for a larger centralized outdoor amenity area; • enlarging the pedestrian mews between Blocks 9 to 12 from approximately 387 square metres to 757 square metres to create a larger common element area between the stacked townhouse blocks; • slightly increasing the landscape entry gateway feature at the southwest corner of Brock Road and Dersan Street from 433 square metres to 460 square metres; • introducing fully independent garages for the stacked townhouses located within Blocks 9 to 12 to allow for indoor private storage area; • increasing the driveway length to 6.0 metres for all but 2 stacked townhouse units located within Blocks 9 to 12 to allow for a second parking space and a pad area to place household garbage on waste collection day; • decreasing the building separation between Blocks 9 and 12, and Blocks 10 and 12, from 12.5 metres to 10.5 metres, to allow for an increased driveway length for these blocks; • redesigning the plan to allow for municipal waste collection for the entire development; and • improving the internal pedestrian pathways, adjusting building setbacks, and fine-tuning the aliments of internal private roads. The above-noted changes are further illustrated in Attachment #6, Revised Submitted Conceptual Site Plan (2021). - 25 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 6 1.4 Revised Condominium Structure In addition to the site design changes noted in Section 1.3 of this report, the applicant also revised the submitted applications for a draft plan of subdivision and a draft plan of condominium. The applicant is now proposing that the development will function as a nested condominium structure. The proposed draft plan of subdivision has been revised to reflect one block to be consistent with the intended condominium legal structure. It will also allow for flexibility in the creation of the standard condominiums through the future site plan process (see Revised Submitted Draft Plan of Subdivision (2021) and Revised Submitted Draft Plan of Condominium (2021), Attachments #7 and #8, respectively). The development proposal will consist of multiple condominium corporations, including a common element condominium and standard condominiums. Each of the grade-related townhouse units (Blocks 3 to 8, 13 and 14) will form a Parcel of Tied Land (POTL). The stacked townhouse units (Blocks 9 to 12) will form one or more standard condominiums. It is intended that the standard condominiums will then be created into a POTL where all the roadways, sidewalks, site servicing, and visitor parking and amenity areas will be part of the common elements. The draft plan of condominium plan has been further refined to reflect the changes by enlarging the common element areas to create enhanced pedestrian mews; enlarging and centralizing the private park area; enlarging the entry feature area, and slight adjustments to the siting of the townhouse blocks, visitor parking areas, and private road. 2.0 Comments Received 2.1 April 6, 2021, Electronic Statutory Public Meeting An Electronic Statutory Public Meeting was held on April 6, 2021, at which no members of the public voiced their comments regarding the proposal. The Planning & Development Committee provided the following comments: • questioned if the common element areas will be shared amongst all condominium corporations; • requested details on the function of the entry gateway feature; • questioned whether an easement agreement was secured for visitor parking within the hydro easement lands; and • questioned if the parking garage for Blocks 1 and 2 will be located fully underground. No comments have been received from the public as a result of the circulation of the public notice of the applications. - 26 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 7 2.2 Agency Comments 2.2.1 Region of Durham • no objections to the proposal subject to the fulfillment of conditions of draft approval of the plan of subdivision and plan of condominium; • the proposal conforms and is consistent with the Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe; • the Regional Official Plan designates the subject lands as “Living Areas”, which are intended to be used predominantly for housing purposes with a mix of housing types, sizes, and tenure; • the proposal conforms to the policies of the Regional Official Plan; • regional municipal servicing is available from an existing sanitary sewer located on Dersan Street, and water supply is available from an existing watermain on Dersan Street or Brock Road; • a Waste Management Plan, illustrating how waste collection can be accommodated is required to be submitted with a future site plan application; if the development does not meet Region’s standards for municipal waste collection on private property, then the applicant will be responsible for retaining private waste collection services; • the Region requires the owner to submit for review and approval, a revised acoustic report prepared by an acoustic engineer; and the owner shall agree in the Subdivision Agreement to implement the recommended noise control measures; • the submitted Traffic Impact Study is acceptable; • Durham Region Transit requests protection for a bus stop at the southwest corner of Dersan Street and Brock Road; • the Region will require a 2.0 metre by 53.50 metre road widening along a portion of the frontage of the subject lands in support of the proposed bus layby lane for the ultimate 6-lane and active transportation amenities cross-section of Brock Road, as described in the Central Pickering Development Plan Environmental Assessment for Regional Services in Pickering; and • the owner shall satisfy all requirements, financial and otherwise, of the Region of Durham; and shall execute a subdivision agreement between the owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other services. 2.2.2 Toronto and Region Conservation Authority (TRCA) • no objections to the proposal subject to the conditions of draft approval of the plan of subdivision provided; and • TRCA advises that technical comments related to stormwater management, drainage and grading will be addressed at the detailed design stage. 2.2.3 Hydro One • no objections to the proposal; and • the future site plan application will be circulated to Hydro One for their comment. - 27 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 8 2.3 Comments from City Departments 2.3.1 Engineering Services Department • no objections to the proposal subject to the conditions of draft approval of the plan of subdivision provided; and • matters concerning grading and drainage, fencing details, stormwater management details, construction management requirements, snow storage location, landscaping requirements and gateway feature design will be further reviewed through the site plan approval process. 2.3.2 Fire Services • no objection to the proposal; and • matters concerning fire route location and siamese connections will be further reviewed through the submission of a future site plan application. 3. Planning Analysis 3.1 The proposal is within the density range of the Official Plan and is consistent with the policies for the Duffin Heights Neighbourhood The subject lands are designated “Mixed Use Areas – Mixed Corridors” in the Official Plan, which permits a density range of over 30 units up to and including 140 units per net hectare, and a maximum Floor Space Index (FSI) of up to and including 2.5 FSI. The revised conceptual site plan proposes a total of 197 townhouse units for a residential density of 77 units per net hectare, and an FSI of 0.9. The revised proposal complies with the density and FSI requirements of the Official Plan. The Duffin Heights Neighbourhood policies for the Mixed Use Areas – Mixed Corridors designation require new developments to provide: • a strong and identifiable urban image of establishing buildings closer to the street, providing safe and convenient pedestrian access, and requiring all buildings to be multi-storey; and • higher intensity multi-unit housing forms on lands adjacent to Brock Road while restricting grade related residential development to lands adjacent to collector or local roads; and • the development of future roads adjacent to the Mixed Corridor designation on both sides of Brock Road to provide alternative access and potential transit routes. The proposal implements the Duffin Heights Neighbourhood policies by placing higher density multi-unit dwellings adjacent to Brock Road (4-storeys in height), and the built form transitions away from Brock Road towards Four Seasons Lane. The grade-related traditional townhouses are 3-storeys in height, and located on the southerly limits of the subject lands, and are consistent with the recently constructed grade-related townhouses by Madison Homes on the abutting the lands to the south. The townhouses range in height from an average of 16 metres for the back-to-back stacked townhouses to an average of 10 metres for the remaining townhouse types. - 28 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 9 The proposal creates an attractive pedestrian-scaled street edge along Brock Road, Dersan Street and Four Seasons Lane as well as providing convenient pedestrian connections to these public streets and potential transit routes along Brock Road. Within the development, there are walkway connections throughout that connect to the central private park area via pedestrian mews, as well as walkway connections to the mailboxes and visitor parking areas. The intersection of Brock Road and Dersan Street has been identified as a Focal Point within the Duffin Heights Neighbourhood. Development within Focal Points is to contribute to the prominence of the intersection by requiring: • initial development on each property to occur at the corner of the intersection; • the inclusion of appropriate provisions in the implementing zoning by-law to address such matters as the location and extent of build-to-zones, mix of permitted uses, and required building articulation; • the use of other site development features such as building design, building material, architectural features or structures, landscaping, public art and public realm enhancements, such as squares or landscaped seating areas, to help achieve focal point prominence; and • all buildings to be a minimum of 3 functional storeys with 4-storey massing. The proposal establishes a privately owned, publicly accessible landscaped area at the intersection of Brock Road and Dersan Street. The townhouse blocks fronting Brock Road being 4-storeys, and townhouse blocks fronting Dersan Street being 3-storeys, frame the intersection and create an enhanced gateway entry into the community. The proposed outdoor private amenity space at the intersection will be designed with hard and soft landscaping. Through the site plan approval process, staff will work with the applicant on the design of the feature to enhance the landscape treatment and include architectural features, seating areas and/or public art at this focal point within this space. The proposed development is consistent with the policies for the Duffin Heights Neighbourhood. 3.2 Urban Design objectives of the Duffin Heights Neighbourhood Development Guidelines have been addressed The guidelines for lands within the Brock Road Streetscape include the following requirements: • properties fronting Brock Road shall be required to provide a built form across a minimum of 60 percent of the lot frontage; • all primary frontages of buildings shall front Brock Road, and provide pedestrian access directly to the sidewalk and multi-use trail along Brock Road; and • large walls visible from Brock Road shall be articulated through various treatments such as offset in massing; blank façades will not be permitted facing Brock Road or any street. - 29 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 10 The revised concept plan proposes a built form across at least 70 percent of the Brock Road frontage with unit entrances facing Brock Road and Dersan Street. The design of all the townhouse types will incorporate various architectural treatments, such as projecting balconies, articulated with fenestration, and the use of various cladding treatments (brick, stucco and steel). This is illustrated on Attachments #9 and #10, Submitted Conceptual Rendering Plans. Staff are satisfied that the proposed development is of high-quality design that will be compatible with the surrounding neighbourhood. As described above, the revised concept plan provides for an enhanced pedestrian network to allow future residents to easily travel through the site to access public transit, commercial uses along Brock Road, the private park space within the development, and the future village green to the west of the subject lands. Through the site plan approval process, staff will continue to work with the applicant to further review the detailed urban design and architectural matters in accordance with the Duffin Heights Neighbourhood Development Guidelines including, but not limited to: refine building location and siting; gateway features and design; internal pedestrian circulation and connections; on-site landscaping; final design of the private amenity areas; architectural design and materials; and the location of hydro transformers, gas meters and other utilities. 3.3 Siting and design of Block 11 will be further refined through the site plan approval process Staff are generally satisfied with the placements of all townhouse blocks. However, with the recently revised submission, staff identified a technical issue regarding the reduced driveway length for the two westerly end units within Block 11. The area of concern is noted in yellow in Figure 2 below. Figure 2: Block 11 - 30 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 11 Block 11 has a setback close to the curve of the internal private road, and the two westerly end units do not provide for a minimum driveway length of 6.0 metres. Given the siting of the block and the reduced driveway length of 3.79 metres and 5.57 metres, staff are concerned that there may be compromised visibility for both drivers and pedestrians at this corner of the development. Furthermore, given the lengths of the driveways, future residents of these two units may attempt to park a vehicle that may extend into the private road further compromising the safety of motorists. Staff has advised the applicant that through the site plan review process, the two westerly townhouse units within Block 11 will need to be redesigned or eliminated in order to provide for a minimum driveway length of 6.0 metres. As noted above, staff will continue to work with the applicant to further refine the plan. 3.4 The proposal will have minimal traffic impacts on the surrounding road network Vehicular access to the development is proposed from Dersan Street and Four Seasons Lane. The driveway access from Four Seasons Lane has been designed to align with the future road located on the west side of the road, which is planned to serve the Stonepay development, including the future village green. The driveway access from Dersan Street will not conflict with the vehicular access north of the lands for the Jerry Coughlan Health and Wellness Centre. The applicant submitted a Traffic Impact Study, prepared by GHD, dated March 2019, in support of the previous high-density proposal. In support of the revised proposal, the applicant submitted a Traffic Assessment Addendum, prepared by GHD, dated November 9, 2020, which investigated the traffic conditions and effects of the revised proposal on the surrounding road network. The proposed site trip generation was from the March 2019 Traffic Study. The study collected data on existing traffic levels on October 6, 2015. The proposed development is expected to generate 82 and 103 new two-way trips in the weekday a.m. and p.m. peak hours. The study concluded that the abutting roadway system can accommodate the development of the subject site. Additionally, the traffic generated by both driveways, and the flow of traffic on Dersan Street, is considered low, with the volume of cross-traffic between the two driveways also expected to be minimal. The location of the site access on Dersan Street is not expected to cause safety or operational concerns with either the Brock Road intersection or the adjacent driveway. The City and the Region have reviewed the submitted Traffic Assessment Addendum and find it acceptable and have no further comments. 3.5 Sufficient number of parking spaces will be provided for residents and visitors The table below outlines the proposed parking ratios and the location of the parking spaces for the different townhouse types. - 31 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 12 Parking Details Original Plan (2020) Revised Plan (2021) Resident Parking Spaces 275 parking spaces 265 parking spaces Visitor Parking Spaces • 0.20 spaces per unit (minimum) • 49 visitor spaces • surface visitor parking spaces located throughout the site and including within the portion of the property constrained by a Hydro One easement located at the northwest corner of the site no change Back-to-Back Stacked Townhouses (Blocks 1 and 2) • 1.0 parking spaces per unit (minimum) • located within an underground parking structure no change Traditional Townhouses (Blocks 3 and 4) • 2.0 parking spaces per unit (minimum) • one space located within an interior garage and a second space on the driveway no change Rear Lane Townhouses (Blocks 5, 6, 7, 8, 13 and 14) • 2.0 parking spaces per unit (minimum) • both spaces located in an interior garage no change Stacked Townhouses (Blocks 9, 10, 11 and 12) • 1.0 parking space per unit (minimum) • required space located within an interior garage • additional parking spaces available on the driveway of some units • no change • additional parking spaces available on the driveway for all but two units within Blocks 11 Concerning the dimensions of an interior garage, the City requires a minimum width of 3.0 metres and a minimum depth of 6.0 metres (including interior steps). This requirement is intended to ensure there is sufficient space within the private garage to park a vehicle and provide sufficient storage of household items such as bikes, garbage bins, and yard equipment. The applicant has requested a slight reduction in the interior garage dimension to accommodate the design of the 3 and 5 flex townhouse units within Blocks 9 to 12. Through the site plan review process, staff may consider the applicant’s request for a slight - 32 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 13 reduction in the size of the interior garage provided that the applicant can demonstrate that the interior garage size can support a vehicle as well as provide a dedicated storage area within the unit. The applicant is requesting a resident parking ratio of a minimum of 1.0 space per unit for the stacked townhouses located within Blocks 9 to 12. As previously noted, these 4 blocks have been redesigned with a minimum driveway length of 6.0 metres for all units, except for two westerly end units within Block 11, to accommodate an additional parking space on the driveway. Given the additional spaces provided, staff are recommending that the implementing zoning by-law require a minimum of 2.0 parking spaces per units for the stacked townhouses within Blocks 9 to 12. The applicant is also requesting a visitor parking ratio of 0.20 spaces per unit. As shown on the Revised Submitted Conceptual Site Plan (2021), Attachment #6, the applicant has provided a total of 49 visitor parking spaces, which is closer to a parking ratio of 0.25 spaces per unit. In light of concerns raised with the ongoing parking concerns with the Duffin Heights developments, staff are recommending that a visitor parking ratio of 0.25 spaces per unit be required. Staff are satisfied that a sufficient number of parking spaces can be provided to accommodate this development, and will continue to work with the applicant through the site plan approval process to explore opportunities to increase the number of surface parking spaces for visitor parking. 3.6 The proposal will be served by a private park, private rear yards/balconies and future City parks The proposed development provides for sufficient common outdoor amenity areas and private outdoor spaces to service the future residents of this development. Private rear yards are proposed for the traditional townhouse units; private outdoor amenity areas are proposed above the garages for the rear lane townhouse units; and balconies are provided for the stacked townhouse dwellings. In addition to these spaces, a central private park, a gateway landscaped entry feature and pedestrian mews between the stacked townhouse units are also proposed as open amenity areas for all residents. As noted earlier in this report, the applicant has increased the size of the proposed private park area from approximately 643 square metres to approximately 737 square metres. The visibility and access to the private park were improved by enlarging and realigning the park to have frontage along two condominium roads. The private park will include play equipment, seating, curved pergola and landscaped areas. The landscaped gateway entry feature area has been slightly increased in size from 433 square metres to 460 square metres. This area includes seating, a pergola and corner amenity treatment. The private park spaces and the landscaped entry feature represent approximately 9 percent of the site dedicated for active and passive recreational uses. As noted, through the site plan review process, staff will continue to work with the applicant on the design of the private park space and explore opportunities to further enhance the landscape treatment within the development. - 33 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 14 In addition to the above-noted amenity areas to be provided within the proposed development, a future village green is also proposed immediately west of Four Seasons Lane located within the Stonepay development. The village green is anticipated to include junior and senior playground areas, a shade structure, a multi-use basketball court and other uses. The construction of this village green is intended to commence sometime in 2023 subject to Council budget approval. The hydro corridor and woodlot north of the proposed village green is proposed to be developed as more passive parkland as well, subject to Hydro One and Infrastructure Ontario approvals and license agreements as well as Council budget approval. 3.7 The applicant is required to become a party to the Duffin Heights cost-sharing agreement or pay their proportionate share of the development costs The applicant is required to become a party to the cost-sharing agreement for Duffin Heights or receive an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the benefiting landowner has made satisfactory arrangements to pay its proportionate share of the development costs. A condition of draft approval addresses this requirement. 3.8 Technical matters will be addressed as conditions of subdivision approval and through site plan approval Detailed design issues will be dealt with through the subdivision agreement and site plan approval process. These requirements will address matters such as, but not limited to: • entry feature design; • architectural treatment; • landscaping and fencing; • snow storage; • lighting; • pedestrian circulation and connections; • outdoor amenity area design; • drainage and grading; • site servicing; • construction management plan; • resident, visitor and accessible parking spaces; • waste management collection; and • location of hydro transformers, gas meters and other utilities. 3.9 Draft Approval of the Draft Plan of Condominium is delegated to the Director, City Development Applications for standard and common element condominiums are delegated to the Director, City Development & CBO for final approval. The applicant will be required to submit separate standard condominium applications for the stacked townhouse blocks. No further approvals are required at this time. - 34 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 15 4. Conclusion The proposal satisfies the applicable official plan policies for the Duffin Heights Neighborhood and also addresses the applicable urban design requirements as established in the Duffin Heights Neighbourhood Development Guidelines. The applicant has worked with City staff and external agencies to address various technical requirements. It is recommended that the Conditions of Approval for Draft Plan of Subdivision attached as Appendix II to this Report be endorsed by Council. The applicant is requesting to rezone the subject lands to appropriate zone categories with site-specific performance standards to facilitate the proposal. To ensure an appropriate site design, the zoning by-law will have site-specific provisions including, but not limited to, maximum building height, build-to-zone requirements, the maximum number of units, minimum private amenity area per unit, minimum outdoor amenity area, minimum interior garage size, and the minimum number of resident and visitor parking spaces. Staff supports the rezoning application and recommends that a site-specific implementing by-law, containing the standards attached as Appendix I to this Report be finalized and brought before Council for enactment. 5. Applicant’s Comments The applicant has been informed of staff’s recommendations of this report, including recommendations with respect to: the number of visitor parking spaces per unit; the number of resident parking spaces per unit for the stacked townhouses; and the interior dimensions of the garages. Appendices: Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment A 12/17 (R) Appendix II Recommended Conditions of Approval for Draft Plan of Subdivision SP-2020-03 Attachments: 1. Location Map 2. Air Photo Map 3. Submitted Conceptual Site Plan (2020) 4. Submitted Draft Plan of Subdivision (2020) 5. Submitted Draft Plan of Condominium (2020) 6. Revised Submitted Conceptual Site Plan (2021) 7. Revised Submitted Draft Plan of Subdivision (2021) 8. Revised Submitted Draft Plan of Condominium (2021) 9. Submitted Conceptual Rendering Plans (Stacked and Back-to-Back Stacked Townhouses) 10. Submitted Conceptual Rendering Plans (Rear Lane and Traditional Townhouses) - 35 - Report PLN 44-21 December 6, 2021 Subject: Brock Dersan Developments Inc. Page 16 Prepared By: Original Signed By Cristina Celebre, MCIP, RPP Principal Planner, Strategic Initiatives Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO CC:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 36 - Appendix I to Report No. PLN 44-21 Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 12/17 (R) - 37 - Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 12/17 (R) That the implementing zoning by-law permit residential condominium developments in accordance with the following provisions: A. Zoning Provisions Permitted Uses 1. Permitted uses include Back-to-back Stacked Townhouses, Stacked Townhouses, Townhouses (Rear Lane and Traditional), Private Park and Water Meter Room. Building Restrictions Traditional Townhouses Rear Lane Townhouses Stacked Townhouses Stacked Back-to-Back Townhouses Number of Dwelling Units 16 units 52 units 61 units 68 units Front Yard Depth (minimum) from the public right of way or private condominium road 6.0 metres 3.0 metres n/a 3.0 metres (Block 1) 5.0 metres (Block 2) All buildings and structures shall be located entirely within a building envelope with a minimum setback of 3.0 metres from the townhouse blocks to the Brock Road property line; minimum setback of 3.0 metres from the townhouse blocks to the Dersan Street property line and Four Seasons Lane property line. No building, or portion of a building, or structure shall be erected within the building envelope, unless a minimum of 60 percent of the length of the build-to-zone contains a building or part of a building (Brock Road frontage). Setback between Blocks (minimum) 2.4 metres Blocks 3 and 4 2.5 metres Blocks 7 and 8 17.0 metres between Blocks 9 and 10 14.5 metres between Blocks 11 and 12 10.5 metres between Blocks 9 and 12 10.5 metres between Blocks 10 and 11 3.0 metres Blocks 1 and 2 Rear Yard Depth (minimum) 6.5 metres n/a - 38 - Traditional Townhouses Rear Lane Townhouses Stacked Townhouses Stacked Back-to-Back Townhouses Building Height (maximum) 12.0 metres 17.5 metres Private Park and Gateway Entry Feature (minimum) 1,050 square metres Resident Parking Requirements (minimum) 2.0 parking spaces per dwelling unit 2.0 parking spaces per dwelling unit 2.0 parking space per dwelling unit 1.0 parking space per dwelling unit Visitor Parking Requirements (minimum) 0.25 spaces per unit Interior Garage Size (minimum) A private garage shall have a minimum width of 3.0 metres and a depth of 6.0 metres. The width may include one interior step and the depth may include two interior steps. A private garage shall have a minimum width of 3.0 metres and a depth of 6.0 metres. A private garage may permit tandem parking and shall have a minimum width of 3.0 metres and a minimum depth of 12.0 metres. The width may include one interior step and the depth may include two interior steps. n/a Driveway Width (maximum) 3.6 metres A driveway shall not be wider than the building or structure to which it provides access. n/a 6.5 metres for a two-way drive aisle General Provisions 2. Projections such as bay/box/bow windows, 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. 3. A porch, uncovered deck, or balcony, may encroach into any required front yard to a maximum of 2.5 metres or half of the distance of the required yard, whichever is less. - 39 - 4. A porch, uncovered deck, or balcony, may encroach into any required flankage yard to a maximum of 2.0 metres and into any required side yard to a maximum of 2.0 metres, but shall not extend beyond the property line. 5. Stairs to a porch, uncovered deck or an entrance may encroach to within 0.3 metres of the front lot line or flankage lot line; to within 1.0 metres of a rear lot line and to within 0.6 metres of a side lot line. 6. A bay, box window, with or without foundation, having a maximum width of 4.0 metres may encroach into any required yard to a maximum of 0.6 metres or half the distance of the required yard, whichever is less. 7. Air conditioners are permitted on a lot provided they are located in the rear yard or side yard or on a balcony or roof or on a private patio at or below grade. In addition, such units shall not be located any closer than 0.6 of a metre to a side lot line and shall not be located on any easement in favour of the City. In addition, air conditioner units along the Brock Road frontage must be fully screened. 8. A water metre building required by the Region of Durham for the purposes of measuring the quality of water delivered shall be exempt from the subject zoning requirements. Model Homes 9. A maximum of 1 block of each unit type together with no fewer than 2 parking spaces per Model Home unit is permitted. - 40 - Appendix II to Report No. PLN 44-21 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2020-03 - 41 - Recommended Conditions of Approval for Draft Plan of Subdivision SP-2020-03 General Conditions 1. That the Owner shall prepare the final plan generally on the basis of the approved draft plan of subdivision, prepared by Evans Planning Inc., for lands being Part of Lot 19, Concession 3, dated November 13, 2020, revised September 8, 2021, which illustrates one residential block. Region of Durham 2. The Owner shall submit to the Regional Municipality of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on projected traffic volumes provided by the Regional Municipality of Durham Planning and Economic Development Department, and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment, Conservation and Parks guidelines. The Owner shall agree in the Subdivision Agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e., author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the Subdivision Agreement containing such provisions prior to final approval of the plan. 3. Prior to the finalization of this plan of subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Site Contamination Protocol to address site contamination matters. 4. The Owner shall obtain reciprocal easements from the Regional Land Division Committee prior to the finalization of the draft plan of subdivision. 5. The Owner shall submit plans showing any proposed phasing to the Region for review and approval, if this subdivision is to be developed by more than one registration. 6. The Owner shall grant to the Region, any easements required to provide Regional services for this development and these easements shall be in locations and of such widths as determined by the Region. 7. 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 Regional Municipality of Durham. All arrangements, financial and otherwise for said extensions are to be made to the satisfaction of the Regional Municipality of Durham and are to be completed prior to final approval of this plan. 8. Prior to entering into a Subdivision Agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 9. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a Subdivision Agreement - 42 - Recommended Conditions of Approval (SP-2020-03) Page 2 Brock Dersan Developments Inc. between the owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads, bridge works and other services. 10. The Owner shall convey to the Region, free and clear of all encumbrances, a 2.0 metre by 53.50 metre road widening measured from the southwest corner sight triangle on the west side of Brock Road. 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 40M-Plan to the satisfaction of the City Development Department. Zoning 13. That the implementing by-law for Zoning By-law Amendment Application A 12/17 (R) becomes final and binding. Street Names and House Numbers 14. That street names and signage be provided to the satisfaction of the Region and the City. 15. That house numbers are assigned as per the City’s addressing conventions. Development Charges & Development Review Inspection Fee 16. That the Owner satisfies the City financially with respect to the Development Charges Act. 17. That the Owner satisfies the City with respect to payment for development review and inspection fees. Dedications/Transfers/Conveyances 18. That the Owner conveys to the City, at no cost: i. any easements as required; and ii. any reserves as required by the City. Stormwater 19. 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. 20. That the Owner satisfies the Director, Engineering Services for contributions for Stormwater Maintenance Fees. - 43 - Recommended Conditions of Approval (SP-2020-03) Page 3 Brock Dersan Developments Inc. Grading 21. That the Owner satisfies the Director, Engineering Services respecting submission and approval of a grading control plan for the development. 22. That the Owner satisfy the Director, Engineering Services respecting the submission and approval of a geotechnical soils analysis. 23. That the Owner satisfies the Director, Engineering Services respecting authorization from abutting landowners for all offsite grading. Fill & Topsoil 24. That the Owner acknowledges that the City’s Fill & Topsoil Disturbance By-law prohibits vegetation or soil disturbance, vegetation or soil removal or importation to the site unless a permit has been issued. No on-site works prior to draft plan approval is permitted. A Fill & Topsoil Disturbance Permit will be required should vegetation removal or grading works proceed prior to the Subdivision Agreement being executed. Construction/Installation of City Works & Services 25. That the Owner satisfies the Director, Engineering Services respecting the submission of appropriate engineering drawings that detail, among other things, City services, construction of roads with curbs, storm sewers, pedestrian walkways/sidewalks, boulevard design, lot grading, streetlights, fencing and tree planting, and financially secure such works. 26. That the Owner satisfies the City respecting arrangements for the provision of all services required by the City. 27. That the Owner satisfies the appropriate authorities respecting arrangements and/or the conveyance of any easements to any utility to facilitate the installation of their services including the provision of underground wiring, street lighting, cable television, natural gas and other similar services for the development. 28. That the Owner agrees that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Owner. Phasing & Development Coordination 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. Easements 30. That the Owner, to the satisfaction of the Director, Engineering Services, convey to the City, at no cost, any easements as required, and any reserves as required by the City. - 44 - Recommended Conditions of Approval (SP-2020-03) Page 4 Brock Dersan Developments Inc. 31. That the Owner conveys any easements to any utility provider to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility provider. 32. That the Owner arrange at no cost to the City any easements required on third party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after draft approval. That the Owner satisfies the Director, Engineering Services with any required on-site or off-site easements for works, facilities or use rights that are required by the City. Construction Management Plan 33. That the Owner satisfies the City respecting the submission and approval of a Construction Management/Erosion & Sediment Control Plan with such Plan to contain, among other matters: i. details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls as per the City’s Erosion & Sediment Control Guideline for Urban Construction; ii. addressing the parking of vehicles and the storage of construction and building materials during servicing and construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on existing streets; iii. assurance that the City’s Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; iv. the provision of mud and dust control on all roads within and adjacent to the site; v. type and timing of construction fencing; vi. location of construction trailers; and vii. details of the temporary construction access. Fencing 34. 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. Landscaping 35. That the Owner submits a tree preservation/street tree planting plan to the satisfaction of the Director, Engineering Services. This is to include boulevard plantings along Brock Road, Dersan Street and Four Seasons Lane. Tree Compensation 36. That the Owner agrees that prior to final approval of the draft plan, or any phase thereof, the Owner shall provide $11,865.00 plus HST to the City of Pickering, representing the Owner's contribution to compensate for the loss of 0.58 of a hectare of vegetation on-site. The amount of funds will increase every year by the cost of living allowance if not provided prior to the first anniversary of the date of approval of these conditions. - 45 - Recommended Conditions of Approval (SP-2020-03) Page 5 Brock Dersan Developments Inc. Engineering Plans 37. That the Owner satisfies the City respecting arrangements necessary to provide for coordination of services and roads with adjacent lands. 38. That the Owner satisfies the City respecting the submission of appropriate engineering drawings that detail, among other things: City services; roads; storm sewers; sidewalks; lot grading; streetlights; fencing; tree planning; and financially secure such works. Noise Attenuation 39. That the Owner agrees in the subdivision agreement to implement noise control measure and warning clauses as recommended in the Noise Report. Parkland Dedication 40. That the Owner satisfies the City with respect to its obligation to provide parkland or payment of cash-in-lieu on accordance with the parkland dedication requirements of the Planning Act. Fire 41. That the Owner agrees that no development will proceed on any lands until adequate services are available including adequate water pressure to the satisfaction of the City’s Fire Services Department. Duffin Heights Cost Sharing 42. That the Owner satisfy, to the satisfaction of the City, all matters required by the Duffin Heights Environmental Servicing Plan, including but not limited to the following: i. Functional Servicing and Stormwater Report; ii. Monitoring Report; iii. Compensation Report; iv. Fish Habitat Restoration Fund contribution; v. Watershed System Monitoring and Management Fund contribution; and vi. Adaptive Management Fund contribution. 43. That the Owner satisfies the City with a letter from the Trustee for the Duffin Heights Landowners Group Inc. acknowledging that the Owner continues to be a Participating Owner pursuant to the cost sharing agreement for Duffin Heights and that the Owner has made all payments due under the said cost sharing agreement. Toronto and Region Conservation Authority (TRCA) 44. That prior to the initiation of grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the owner shall submit the following to The Toronto and Region Conservation Authority and the City of Pickering for review and approval: - 46 - Recommended Conditions of Approval (SP-2020-03) Page 6 Brock Dersan Developments Inc. 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 Ontario Regulation 166/06, as amended; and b. Overall grading plans for the lands within the Draft Plan of Subdivision. 45. That the owner agrees in the subdivision agreement, in wording acceptable to the TRCA: a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition Number 43; 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; and e. To implement all water balance/infiltration measures identified in the approved Stormwater Management Report. 46. The owner will be required to provide a TRCA clearance fee prior to TRCA clearing any of the Draft Plan conditions. The current clearance fee effective February 11, 2021 is $16,600.00 and is subject to change. Model Homes 47. That the Owner enters into a Model Home Agreement with the City, if applicable for this Draft Plan. All model homes must be in compliance with the approved site plan drawings. - 47 - Recommended Conditions of Approval (SP-2020-03) Page 7 Brock Dersan Developments Inc. Other Approval Agencies 48. That any approvals which are required from the Region of Durham, Toronto and Region Conservation Authority, Canada Post 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. Plan Revisions 49. 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. 50. 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. 51. 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 52. This draft approval shall lapse three years from the date the draft approval has been granted if the noted conditions have not been fulfilled, or if it has not been extended by the City of Pickering. - 48 - Attachment #1 to Report PLN #44-21 Ti l l i n g s R o a d Pure Spring sBoulevard B r o n z e d ale S tr e et W illiam Jackson Drive Hayden Lane L iat ris Drive Br o c k R o a d Four Seasons Lan e Palmer's Sawmill Road Dersan Street Creekside Park 1:4,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City Development Department Location MapFile:Applicant:Municipal Address: A 12/17 (R), SP-2020-03 and CP-2020-03 THIS IS NOT A PLAN OF SURVEY. Date: Nov. 05, 2021 ¯ E Brock Dersan Developments Inc. 2540 and 2550 Brock Road SubjectLands L:\PLANNING\01-MapFiles\SP\2020\SP-2020-03, CP-2020-03 Brock Dersan Inc\SP-2020-03_LocationMap.mxd Shining Star Chase Moonbeam Glen Ca s t l e g a t e C r o s s i n g - 49 - Attachment #2 to Report PLN #44-21 Adirondack Chase Misthollow Drive Ca s t l e g a t e C r o s s i n g Pure S prings B oul e vard Shining Star Chase Ge n e r r a M e w s Bruny Avenue Winville Road Edgecroft Drive Elmsley Drive Scenic Lane Drive Moonbeam Glen Ti l l i n g s R o a d Wi l l i a m J a c k s o n D r i v e Te a k M e w s Pe n n y L a n e Le g i a n M e w s F o u r S e a s o n s L a n e Kalmar Avenue Hayden Lane Palmer's Sawmill Road Liat ris Drive Dersan Street Br o c k R o a d 1:5,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City Development Department Air Photo MapFile:Applicant:A 12/17 (R), SP-2020-03 and CP-2020-03 Brock Dersan Developments Inc. THIS IS NOT A PLAN OF SURVEY. Date: Nov. 05, 2021 SubjectLands E L:\PLANNING\01-MapFiles\SP\2020\SP-2020-03, CP-2020-03 Brock Dersan Inc\SP-2020-03_AirPhoto.mxd ¯ Municipal Address:2540 and 2550 Brock Road - 50 - Attachment #3 to Report PLN #44-21 March 16, 2021DATE: Applicant: Municipal Address: File No: Submitted Conceptual Site Plan (2020) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department 2540 and 2550 Brock Road A 12/17 (R), SP-2020-03 and CP-2020-03 Brock Dersan Developments Inc. Vehicular Access from Four Seasons Lane Vehicular Access from Dersan Street Access to Underground Parking Garage Visitor Parking Outdoor Amenity Area Gateway Landscape Entry Feature Visitor Parking located within Hydro One easement N L:\Planning\01-MapFiles\SP\2020 - 51 - Attachment #4 to Report PLN #44-21 March 15, 2021DATE: Applicant: Municipal Address: File No: Submitted Draft Plan of Subdivision (2020) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department 2540 and 2550 Brock Road A 12/17 (R), SP-2020-03 and CP-2020-03 Brock Dersan Developments Inc. L:\Planning\01-MapFiles\SP\2020 - 52 - Attachment #5 to Report PLN #44-21 March 15, 2021DATE: Applicant: Municipal Address: File No: Submitted Draft Plan of Condominium (2020) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department 2540 and 2550 Brock Road A 12/17 (R), SP-2020-03 and CP-2020-03 Brock Dersan Developments Inc. L:\Planning\01-MapFiles\SP\2020 - 53 - Attachment #6 to Report PLN #44-21 Nov. 8, 2021DATE: Applicant: Municipal Address: File No: Revised Submitted Conceptual Plan (2021) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department 2540 and 2550 Brock Road A 12/17 (R), SP-2020-03 and CP-2020-03 Brock Dersan Developments Inc. Vehicular Access from Four Seasons Lane Vehicular Access from Dersan Street Access to Underground Parking Garage Visitor Parking located within Hydro One easement L:\Planning\01-MapFiles\SP\2020 Private Park enlarged and centralized Gateway Landscape Entry Feature slightly enlarged The pedestrian mews has been increased in size Br o c k R o a d Bl o c k 1 Bl o c k 2 Dersan Street F o u r S e a s o n s L a n e Block 3Block 4 Building separation distance has been slightly reduced to allow for increased driveway lengths Block 7 Block 8 Block 9Block 10 Block 11 Block 12 Block 13Block 14 B l o c k 6 B l o c k 6 B l o c k 5 Introduced integrated parking garages for stacked townhouses (Blocks 9, 10, 11, and 12) - 54 - Attachment #7 to Report PLN #44-21 Nov. 8, 2021DATE: Applicant: Municipal Address: File No: Revised Submitted Draft Plan of Subdivision (2021) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department 2540 and 2550 Brock Road A 12/17 (R), SP-2020-03 and CP-2020-03 Brock Dersan Developments Inc. L:\Planning\01-MapFiles\SP\2020 - 55 - Attachment #8 to Report PLN #44-21 L:\Planning\01-MapFiles\SP\2020 Nov. 8, 2021DATE: Applicant: Municipal Address: File No: Revised Submitted Draft Plan of Condominium (2021) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department 2540 and 2550 Brock Road A 12/17 (R), SP-2020-03 and CP-2020-03 Brock Dersan Developments Inc. - 56 - Attachment #9 to Report PLN #44-21 City Development Department Nov. 11, 2021FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 12/17 (R), SP-2020-03 and CP-2020-03 Brock Dersan Developments Inc. Submitted Conceptual Rendering Plans Applicant: Property Description: DATE: File No: 2540 and 2550 Brock Road L:\Planning\01-MapFiles\SP\2020 3-Storey Rear Lane Townhouses (Blocks 5, 6, 7, 8, 13, and 14) 3-Storey Traditional Townhouses (Blocks 3 and 4) - 57 - Attachment #10 to Report PLN #44-21 City Development Department Nov. 11, 2021FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 12/17 (R), SP-2020-03 and CP-2020-03 Brock Dersan Developments Inc. Submitted Conceptual Rendering Plans Applicant: Property Description: DATE: File No: 2540 and 2550 Brock Road L:\Planning\01-MapFiles\SP\2020 3-Storey Stacked Townhouses (Blocks 9, 10, 11, and 12) 4-Storey Back-Back Stacked Townhouses (Blocks 1 and 2) - 58 -