HomeMy WebLinkAboutJanuary 13, 2020Cty oh
DICKERING
Planning & Development
Committee Meeting Minutes
January 13, 2020
Council Chambers — 7:00 pm
Chair: Councillor Cumming
Present:
Mayor David Ryan
Councillors:
K. Ashe
M. Brenner
S. Butt
I. Cumming
D. Pickles
Absent:
B. McLean
Also Present:
M. Carpino
K. Bentley
C. Rose
S. Cassel
D. Jacobs
N. Surti
M. Kish
T. Bal
L. Harker
- Director, Community Services & Deputy CAO
- Director, City Development & CBO
- Chief Planner
- City Clerk
- Manager, Policy & Geomatics
- Manager, Development Review & Urban Design
- Principal Planner, Policy
- Planner II
- Deputy Clerk
1. Disclosure of Interest
No disclosures of interest were noted.
2. Statutory Public Meetings
Councillor Cumming, Chair, gave an outline of the requirements for a Statutory Public
Meeting under the Planning Act. He outlined the notification process procedures and also
noted that if a person or public body does not make oral or written submissions to the City
before the By-law is passed, that person or public body are not entitled to appeal the
decision of City Council to the Local Planning Appeal Tribunal (LPAT), and may not be
entitled to be added as a party to the hearing unless, in the opinion of LPAT, there are
reasonable grounds to do so.
Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for
the Statutory Public Meeting portion of the meeting, explaining the process for discussion
purposes as well as the order of speakers.
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DICKERING
Planning & Development
Committee Meeting Minutes
January 13, 2020
Council Chambers — 7:00 pm
Chair: Councillor Cumming
2.1 Information Report No. 01-20
Zoning By-law Amendment Application A 13/19
Draft Plan of Subdivision Application SP -2019-03
Draft Plan of Condominium Application CP -2019-04
10046043 Canada Inc. & C. Wang
Lots 14, 29 and 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of
40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492
(1950 & 1952 Fairport Road)
A statutory public meeting was held under the Planning Act, for the purpose of
informing the public with respect to the above -noted application.
Tanjot Bal, Planner II, appeared before the Committee to provide an overview of
Zoning By-law Amendment Application A 13/19. Through the aid of a Power Point
presentation, she outlined the subject lands, the Draft Plan of Condominium, and
the key concerns and issues raised by Staff and the public.
Brian Moss, Brian Moss & Associates, appeared before the Committee
representing the applicant. Mr. Moss noted that the community meeting held in
November provided a good opportunity for open dialogue with residents, and that
he was in attendance to continue to address any concerns.
Dr. Brian Freund, 829 Taplin Drive, appeared before the Committee to express his
concerns relating to the fiscal and environmental responsibilities of the application.
Through the aid of a Power Point presentation, Dr. Freund noted that in the
common elements concept of design, private roads, sidewalks, and the
stormwater management system will be owned by the condominium corporation,
rather than the municipality. He noted concerns regarding this ownership as it
relates to infrastructure lifespan and maintenance, capacity of the stormwater
management system and associated costs that would be borne by the owners
should the infrastructure need to be upgraded or replaced. Dr. Freund raised
further concerns of these costs being placed on the taxpayers should the owners
default on payments and stated that the solution would be to consider eliminating
the common element design, and bring the structure under municipal standards
that would be maintained by the City. He also noted that environmental site
assessments have demonstrated contaminated fill on the site, and that although
Terrapex Environmental Ltd., has identified that these areas pose no risk to
humans, there are still concerns. Dr. Freund requested that Council seek the
removal of this contaminated soil and the drainage pipes into the creek prior to
replanting the buffer, and if the top of the bank is also contaminated, that the
buffer zone dimensions be revisited.
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DICKERING
Planning & Development
Committee Meeting Minutes
January 13, 2020
Council Chambers — 7:00 pm
Chair: Councillor Cumming
Janice Freund, 829 Taplin Drive, appeared before the Committee to express her
concerns relating to the public confidence in the development submission and
approval process. Through the aid of a Power Point presentation, Ms. Freund
noted that the application meets all requirements, but falls short in providing a
complete rendering of the situation. She noted that the maps and reports used as
source material are based on faulty data, and that the location of the Dunbarton
Creek is inconsistently documented, stating that the correct identification of the
Creek's location may impact the development setback. She expressed concerns
relating to the contamination of Dunbarton Creek and soil contamination adjacent
to the creek, noting that the drainage pipes should also be tested for
contamination.
Martin Lavoie, 849 Taplin Drive, appeared before the Committee, representing a
coalition of 49 households that are located within 150 metres or less of the
development site. Through the aid of a Power Point presentation, Mr. Lavoie
noted the coalition was in opposition to the application due to inconsistencies with
several applicable Policies and Plans and noted concerns with the application
including:
- the negative impact on biodiversity;
- significant impacts on water balance and erosion;
- the underestimation of increased traffic caused by the development;
increased water flow, flooding and erosion on the site due to climate change;
- the increase in density by 500%;
the current Dunbarton neighbourhood, mainly comprised of private detached
dwellings, and the inconsistency of implementing a condominium
development in the neighbourhood;
- the unsuitability of the site which is a significant valley land, subject to flooding
and erosion;
- impacts to many endangered species in the area;
insufficient existing infrastructure and schools in the area;
- an insufficient number of parking spots for 30 dwellings;
inadequate snow removal and disposal provisions; and,
- excessive floodlight pollution from car headlights that will shine directly into
the homes of houses located on the East side of Fairport Road.
Peter Arndt, 1954 Fairport Road, appeared before the Committee to express his
concerns regarding the application. Mr. Arndt noted that he is not opposed to the
development, but has some concerns with how this development will be built. He
noted that he is concerned with the watershed plan, noting that if the pipe is
disturbed or eliminated, it could cause problems with flooding or drainage. Mr.
Arndt also noted that the notice that went out to residents is not an accurate
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DICKERING
Planning & Development
Committee Meeting Minutes
January 13, 2020
Council Chambers — 7:00 pm
Chair: Councillor Cumming
depiction of the subject lands, and that the map should be revised and the
developer required to re -submit the revised maps.
There were no further delegations from the public.
A discussion period ensued with City Staff, Brian Moss, and Members of Council
regarding:
- whether the TRCA was aware of the contamination of the lands and the trees
that have been removed;
- what assurances the City will be given that the soil is no longer contaminated
prior to the development moving forward; and,
- condominium corporations versus municipally owned property and associated
advantages if the property is municipally owned.
Members of the Committee requested that the following items be addressed when
the recommendation report is brought back to the Planning and Development
Committee:
- parking;
- replacement of the trees that were removed on the property;
- density;
traffic concerns;
- exiting vehicles from the site and car headlights shining into the homes of
residents that front onto Fairport Road;
- clarification as to the future development block, and whether there will be
future development on this site;
- steps taken to mitigate future flooding in the area;
the role of the Provincial Policy Statement in this application;
- additional information regarding site conditions and fill contamination;
the issue of snow removal, and where the snow will be displaced;
- a commentary on the wetland area that had been removed and whether this
has been accounted for in the mapping; and,
- how this application would measure up to Infill and Replacement Housing in
Established Neighbourhoods Study had it already been in place.
Catherine Rose, Chief Planner, appeared before the Committee to respond to
comments regarding the additional reports requested from the TRCA and other
agencies. She advised the Committee that Planning Staff will compile all of the
comments received and provide to the Applicant, who will then prepare the
requested reports. Ms. Rose noted that the timing of when the Report will come
back to Council for approval is dependent upon how many reports are required to
be completed by the Applicant. Brian Moss, Brian Moss & Associates, confirmed
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DICKERING
Planning & Development
Committee Meeting Minutes
January 13, 2020
Council Chambers — 7:00 pm
Chair: Councillor Cumming
that fill contamination will be removed from the site prior to development and that
the Region of Durham would have to be satisfied with the Record of Site Condition
prior to moving forward with the development.
2.2 Information Report No. 02-20
Zoning By-law Amendment Application A 12/19
A., I. & S. Doria
Part of Lot 29, Broken Front Range 3, Part 1 on 40R-5415 &
Parts 2 to 5 on 40R-5809
(698 & 682 Kingston Road)
A statutory public meeting was held under the Planning Act, for the purpose of
informing the public with respect to the above -noted application.
Catherine Rose, Chief Planner, appeared before the Committee to act as
facilitator for the Statutory Public Meeting portion of the meeting, explaining the
process for discussion purposes as well as the order of speakers.
Tanjot Bal, Planner II, appeared before the Committee to provide an overview of
Zoning By-law Amendment Application A 12/19. Through the aid of a Power Point
presentation, Ms. Bal provided an overview of the property location and
applicant's proposal, and an overview of the planning and design comments.
There were no delegations from the public.
Christopher Hall, Planner, WSP Canada Group Limited, appeared before the
Committee representing Shell Canada. Mr. Hall noted that they recognize and
acknowledge this as a key corner of the City, and are looking to create an
attractive corner with a public art piece to serve as a landmark for the City.
A question and answer period ensued between Members of Council and
Christopher Hall regarding buffering between the property to the north, and if the
Applicant would be reaching out to the existing developer to obtain feedback on
buffering designs. Mr. Hall noted that the automobile shop currently located on the
property will be removed, and that a noise attenuation fence, enhanced landscape
buffer, and new fencing will be erected. Questions were raised regarding the
signage on Whites Road, and whether there was any flexibility to move this sign.
Mr. Hall confirmed that they are awaiting feedback from the Region regarding
whether there is any contaminated soil on site, and if cleanup will be required.
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DICKERING
Planning & Development
Committee Meeting Minutes
January 13, 2020
Council Chambers — 7:00 pm
Chair: Councillor Cumming
3. Delegations
3.1 David Riley, Principal, SGL Planning & Design Inc.
Paul Lowes, Principal, SGL Planning & Design Inc.
Re: Report PLN 01-20
Infill and Replacement Housing in Established Neighbourhoods Study
Planning Options Report (Phase 2 Report)
David Riley, Principal, SGL Planning & Design Inc., was heard under Item 4.2,
Report PLN 01-20.
3.2 Craig Marshall, Marshall Homes
Re: Report PLN 01-20
Infill and Replacement Housing in Established Neighbourhoods Study
Planning Options Report (Phase 2 Report)
Craig Marshall, Marshall Homes, was heard under Item 4.2, Report PLN 01-20.
4. Planning & Development Reports
4.1 Director, Corporate Services & City Solicitor, Report LEG 01-20
Lebovic Enterprises Limited — Plan of Subdivision 40M-2479
- Final Assumption of Plan of Subdivision
- Lots 1 to 30, Blocks 31 to 50, 52, 53 and 54, Plan 40M-2479
- Parts 1, 5, 7, 9, 11 and 13, 40R-26332 (William Jackson Drive)
Recommendation:
Moved by Councillor Pickles
Seconded by Councillor Butt
1. That William Jackson Drive, Earl Grey Avenue, Carousel Drive, Tally Street,
Carousel Mews, Calico Mews, Starboard Mews within Plan 40M-2479 and
William Jackson Drive within Parts 1, 5, 7, 9, 11 and 13, 40R-26332 be
assumed for public use;
2. That the works and services required by the Subdivision Agreement within
Plan 40M-2479 and Parts 1, 5, 7, 9, 11 and 13, 40R-26332, which are
constructed, installed or located on lands dedicated to, or owned by the City,
or on lands lying immediately adjacent thereto, including lands that are
subject to easements transferred to the City, be accepted and assumed for
maintenance, save and except for Block 51;
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DICKERING
Planning & Development
Committee Meeting Minutes
January 13, 2020
Council Chambers — 7:00 pm
Chair: Councillor Cumming
3. That Lebovic Enterprises Limited be released from the provisions of the
Subdivision Agreement and any amendments thereto relating to Plan 40M-
2479 and Parts 1, 5, 7, 9, 11 and 13, 40R-26332, save and except from Block
51; and,
4. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
Carried
4.2 Director, City Development & CBO, Report PLN 01-20
Infill and Replacement Housing in Established Neighbourhoods Study
Planning Options Report (Phase 2 Report)
David Riley, Principal, SGL Planning & Design Inc., appeared before the
Committee to provide an overview of the Infill and Replacement Housing in
Established Neighbourhoods Study, Phase 2. Through the aid of a Power Point
presentation, Mr. Riley provided an overview of the study background and
purpose, noting that the purpose of Phase 2 was to build upon issues and key
elements identified in Phase 1 of the study. He noted that Phase 2 of the study
was to determine the various tools that can be used to address neighbourhood
character and identify options to address the issues, which resulted in the creation
of a preferred strategy. Mr. Riley outlined the public engagement opportunities
undertaken to establish a strategy and the next steps.
A question and answer period ensued between Members of Council and David
Riley regarding:
- the benefit of breaking the project into 3 Phases, allowing for checks and
balances as well as the ability to obtain feedback and change course if
required;
the number of precincts identified in the plan, with the main difference in these
precincts being lot coverage;
- whether this Study includes permit parking on private properties;
- timeframes for the completion of Phase 3;
- the importance of performance standards and guidelines to enable
enforcement;
- the recommendation of a private tree by-law, which would include protection,
replacement and compensation measures;
how many people participated in the survey and whether the number of
people in newer or older homes was identified; and,
whether Phase 3 will include any recommendations for the waterfront node.
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DICKERING
Planning & Development
Committee Meeting Minutes
January 13, 2020
Council Chambers — 7:00 pm
Chair: Councillor Cumming
Craig Marshall, Marshall Homes, 714 Simpson Avenue, appeared before the
Committee to express concerns regarding Report PLN 01-20 stating that due to
the low community engagement response, he was concerned that the silent
majority are not aware of what this Report could mean for their house values. He
noted that the results of this Study could result in reduced land values and lower
assessment, and recommended that the City reach out to MPAC to determine the
impacts. Mr. Marshall suggested that architectural control could be obtained
through the Committee of Adjustment, which is similar to a process in the City of
Toronto. He also noted that the Provincial Policy Statement is now encouraging
second entrances in homes, and that infill development will not be able to
accommodate this under the proposed provisions of the study.
A brief question and answer period ensued regarding the preferred height of
homes for today's market, and whether infill development can be accommodated
within a premium housing community with the demand for higher structures.
A discussion period ensued between Members of Council and City Staff
regarding:
- whether Council will have final approval of all guidelines and specific
provisions;
whether the proposed guidelines are too prescriptive;
- timelines for completion of Phase 3;
enforcement mechanisms for a design guidelines strategy;
- staffing requirements for enforcement and implementation of the guidelines;
and,
- the inclusion of a new Tree Preservation By-law.
Recommendation:
Moved by Councillor Brenner
Seconded by Councillor Butt
1. That the Infill and Replacement Housing in Established Neighbourhoods,
Planning Options Report (Phase 2 Report) prepared by SGL Planning &
Design Inc., dated December 2019, be received; and,
2. That Council authorize City Development staff to proceed with Phase 3 of the
Infill and Replacement Housing in Established Neighbourhoods Study.
Carried
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DICKERING
Planning & Development
Committee Meeting Minutes
January 13, 2020
Council Chambers — 7:00 pm
Chair: Councillor Cumming
5. Other Business
There were no items of other business.
6. Adjournment
Moved by Councillor Butt
Seconded by Councillor Brenner
That the meeting be adjourned.
The meeting adjourned at 9:35 pm.
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Carried