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HomeMy WebLinkAboutInformation Report 01-26 Statutory Public Meeting Information Report Report Number: 01-26 Date: January 19, 2026 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Draft Plan of Subdivision SP-2023-04 Zoning By-law Amendment A 13/23 Draft Plan of Condominium CP-2023-05 869547 Ontario Inc. 3225 Fifth Concession Road 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding applications for Draft Plan of Subdivision, Zoning By-law Amendment, and Draft Plan of Condominium, submitted by 869547 Ontario Inc., to permit a residential common element condominium. It is intended to help the public and stakeholders understand the proposal. This report is for information purposes only, and no decision on these applications will be made at this time. A recommendation report will be presented to the Planning & Development Committee for their consideration once staff have completed a comprehensive evaluation of the proposal. 2. Property Location and Description The subject property is located on the east side of Sideline 4, north of Fifth Concession Road, within the Rural Settlement of Birchwood Estates. The western portion of Fifth Concession Road is an unopened road allowance and is not accessible to the public (see Location Map, Attachment 1). The property has an area of 17.9 hectares, with frontage and driveway access on Sideline 4 and Fifth Concession Road. It is currently vacant. Portions of the site contain significant woodlands, and a tributary of Carruthers Creek runs through the centre of the property. Surrounding land uses are (see Air Photo Map, Attachment 2): North: To the north is Holiday Gardens Slovenia Country Club. South: Across Fifth Concession Road, in the Town of Ajax, are Deer Creek Golf Club, a private elementary and high school, and several residential parcels containing detached dwellings. Information Report 01-26 Page 2 East: To the east is an agricultural parcel containing a detached dwelling and an indoor growing facility. West: Across Sideline 4 are several residential parcels containing detached dwellings and significant woodlands. 3. Historic Applications An application for Regional Official Plan Amendment (OPA 86-049D) was approved by the Ministry of Municipal Affairs on April 2, 1998, to redesignate the subject property from Major Open Space to Estate Residential to allow for 23 estate residential lots. The associated Draft Plan of Subdivision Application (18T-87096) did not receive draft plan approval from the Region, and the related Zoning By-law Amendment Application (A 16/88) was not finalized. As a result, the development did not proceed. 4. Pre-submission Applications On May 23, 2023, Council approved a new planning review process in response to Provincial changes to the Planning Act through Bill 109. These changes, effective for all applications submitted after June 30, 2023, required a mandatory pre-submission review stage before a formal development application could be submitted. The intent was to ensure the City met Planning Act approval timelines and avoided the need to refund development application fees. The applicant submitted pre-submission applications for a Draft Plan of Subdivision, a Zoning By-law Amendment, and a Draft Plan of Condominium on December 11, 2023, to permit a residential common element condominium consisting of 13 lots. City staff reviewed the submission materials, held an Open House Meeting on March 24, 2024, and provided the applicant with all comments received on the applications. On June 6, 2024, the Province made further changes to the Planning Act through Bill 185, which removed the requirement to refund development application fees. Following this change, pre-submission applications were no longer required. The applicant submitted formal applications for a Draft Plan of Subdivision, a Zoning By-law Amendment, and a Draft Plan of Condominium on October 7, 2025. The proposed development remains the same, consisting of a residential common element condominium with 13 lots. Technical changes have been made to the proposal to address comments received on the pre-submission applications. 5. Applicant’s Proposal The applicant’s proposal consists of 13 lots for detached dwellings fronting onto two private roads. One private road will have access from the east side of Sideline 4, and the second private road will have access from the north side of Fifth Concession Road (see Submitted Conceptual Site Plan, Attachment 3). The remaining lands not used for residential purposes are planned to be rezoned as open space. Information Report 01-26 Page 3 The purpose of the Draft Plan of Subdivision is to create development blocks to facilitate the proposed development, as summarized below (see Submitted Draft Plan of Subdivision, Attachment 4). Block Land Area Proposed Use Development Blocks 2 and 4 5.8 hectares Residential blocks consisting of 13 lots for detached dwellings fronting onto two private roads. The lots will be serviced by municipal water and private septic systems. Open Space Blocks 1, 3, 5, 12 and 13 11.78 hectares Environmental lands containing significant woodlands, significant valleylands, wetlands, habitats, and their associated minimum vegetation protection zones will be rezoned to an Environmental Protection (EP) zone and conveyed into public ownership. Road Widening Block 6 0.32 hectares Lands to be conveyed to the City for a road widening along Fifth Concession Road. Total 17.9 hectares The applicant is proposing to rezone the residential blocks from “A” – Agriculture zone to “R1C” – Residential First Density zone, with site-specific zoning standards to enable the proposed development. The R1C zone permits a detached dwelling and up to two additional dwelling units. The purpose of the Draft Plan of Condominium is to establish the common elements within the development, including two private roads with sidewalks, two water pumping stations, utilities, and community mailboxes (see Submitted Draft Plan of Condominium Attachment 5). The proposed development will be subject to a future Site Plan Approval application. 6. Policy Framework 6.1 Provincial Planning Statement (2024) On October 20, 2024, the Ministry of Municipal Affairs and Housing (MMAH) issued a new Provincial Planning Statement (PPS), replacing both the Provincial Policy Statement (2020) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). The PPS directs Planning Authorities to support the development of healthy, integrated, and viable rural areas by accommodating an appropriate range and mix of housing in rural settlement areas. When directing development in rural areas, Planning Authorities should consider locally appropriate rural characteristics, the scale of development, and the provision of appropriate service levels. The proposal is generally consistent with the PPS, but staff will continue to assess the proposal against the PPS policies during the ongoing review of these applications. Information Report 01-26 Page 4 6.2 Greenbelt Plan (2017) The Greenbelt Plan designates the property as “Protected Countryside – Natural Heritage System”. Permitted land uses within the Natural Heritage System include agricultural and related uses, and environmental protection. Policy 3.2.2.3 of the Greenbelt Plan states that new development or site alteration in the Natural Heritage System must demonstrate that there will be no negative impacts on key natural heritage features or key hydrologic features or their functions, and that connectivity between these features should be maintained or, where possible, enhanced to support the movement of native plants and animals across the landscape. Policy 5.2.1 of the Greenbelt Plan states that where an Official Plan was amended prior to December 16, 2004, to specifically designate land uses, this approval may continue to be recognized through further applications under the Planning Act or the Condominium Act, 1998, to implement the Official Plan approval. Such applications are therefore not required to conform with the Greenbelt Plan, although the policy notes that conformity with the Plan should be sought where possible. As noted in Section 3 of this report, an application for Regional Official Plan Amendment (OPA 86-049D) was approved by the Ministry of Municipal Affairs on April 2, 1998, to redesignate the subject property from Major Open Space to Estate Residential to allow for 23 estate residential lots. The proposal is generally consistent with the Greenbelt Plan, but staff will continue to assess it against its policies during the ongoing review of these applications. 6.3 Durham Regional Official Plan “Envision Durham” Durham Regional Council adopted the Official Plan “Envision Durham” in May 2023. The MMAH approved the Official Plan in part on September 3, 2024. On December 13, 2024, MMAH approved the remaining part of the Plan. On January 1, 2025, Durham Region became an upper-tier municipality without land use planning responsibilities. Pursuant to Subsection 70.13(2) of the Planning Act, the Region of Durham Official Plan is deemed to constitute an official plan of the City in respect of any area in the City to which it applies, and will remain in effect until the City revokes or amends it. The Regional Official Plan (ROP) designates the subject property as “Rural System – Country Residential Subdivision”. Table 2 of the ROP says that the Country Residential Subdivision of Birchwood Estates is permitted to have a maximum of 23 residential units. Policy 6.5.24 states that development within an approved Country Residential Subdivision must: • be serviced by individual private on-site water and wastewater systems which comply with the standards of the Region and the Ministry of the Environment, Conservation and Parks Information Report 01-26 Page 5 • not have an adverse cumulative impact on the environment, including but not limited to, any key natural heritage and/or hydrologic features, groundwater, wells and soil • be serviced with an internal road system having a minimum of two access points • not exceed the maximum number of residential units permitted in Table 2 of the ROP • require that once a Country Residential Subdivision has been registered, no severance for an additional lot shall be granted The proposal is generally consistent with the Durham Region Official Plan, but staff will continue to assess it against the ROP policies during the ongoing review of these applications. The applications have been circulated to the Region of Durham for review on matters of regional interest, including municipal water and private servicing. 6.4 Pickering Official Plan The Pickering Official Plan (POP) designates the property as “Rural Settlements – Country Residential”, within the Rural Settlement of Birchwood Estates. Large lot residential subdivisions are permitted, provided they do not exceed the maximum approved number of lots. For Birchwood Estates, the maximum number of residential lots is 23. Policy 13.9 of the POP states that development within Birchwood Estates must respect environmental features, such as Carruthers Creek and its tributaries, to the satisfaction of the City and the Conservation Authority. The policy also states that the country residential environment of the settlement should be maintained once developed. The property is further identified as being within the “Pickering Natural Heritage System”, containing “Significant Woodlands”, “Permanent Streams”, and “Shorelines, Significant Valley Lands, and Stream Corridors”. In accordance with Policy 16.8, an Environmental Impact Study (EIS) is required for any development proposed within 120 metres of a key natural heritage feature or key hydrologic feature. The purpose of the study is to identify and evaluate the natural heritage and hydrological features, determine the minimum required vegetation protection zones, and determine the site’s development limits to prevent potential negative impacts from the proposed development. In support of the proposed development, the applicant has submitted an EIS, prepared by Beacon Environmental Limited, revised and dated July 2025. The features present on the property include significant woodlands, wetlands, significant valleylands, fish habitats, and habitats for endangered species, including Redside Dace and endangered bats. Field investigations were completed, and the dripline and top of bank were staked in collaboration with the Toronto and Region Conservation Authority. Policy 16.51(b) states that development located within the minimum area of influence that relates to a key natural and/or key hydrologic feature, but located outside the feature itself and its associated minimum vegetation protection zone, must: • demonstrate that the development or site alteration will have no adverse effects on the features or related ecological functions Information Report 01-26 Page 6 • identify planning, design, and construction practices that will maintain and, where possible, improve or restore the health, diversity, and size of the feature and its connectivity with other features • demonstrate how connectivity within and between features will be maintained and, where possible, improved or restored before, during, and after construction Staff will continue to assess the proposal against the policies of the POP during the ongoing review of these applications. 6.5 Zoning By-law 8149/24 The property is zoned “A” – Agriculture zone within Zoning By-law 8149/24. Permitted uses include a detached dwelling, agricultural and related uses, on-farm diversified uses, and community uses. The applicant is proposing to rezone the developable portions of the property to an “R1C” – Residential First Density zone, with site-specific zoning standards to enable the proposed development. The R1C zone permits a detached dwelling and up to two additional dwelling units. The remaining environmental lands, including significant woodlands, valleylands, wetlands, and habitats, and their associated minimum vegetation protection zones, will be rezoned to an Environmental Protection (EP) zone and conveyed into public ownership. 7. Public Engagement 7.1 March 27, 2024, Public Open House Meeting A Public Open House Meeting was held on March 27, 2024, to inform area residents about the proposed development. Notice was mailed to all properties within 500 metres of the site, totalling 76 property owners. Two notice signs were also installed on the property. 7.2 Notice of Statutory Public Meeting Notice of this Statutory Public Meeting was mailed to all properties within 500 metres of the site, as well as to individuals who attended the Open House or submitted written comments and requested notification of future meetings. In total, 92 property owners received mailed notices. Two notice signs were also installed on the property. 7.3 Public Comments Received Six residents attended the Public Open House Meeting, and no objections to the applications were expressed. Comments were generally questions about the future construction company and the types of homes to be built. As of the writing of this report, the City has received two written submissions addressing the following matters: Information Report 01-26 Page 7 •support for the proposed development to contribute to a more vibrant community •a question of whether the Fifth Concession Road would be upgraded or repaired, given its current condition •a question of whether future dwellings will include a warning clause in offers of purchase and sale and on title regarding the adjacent golf course 7.4 Agency Comments As of the date of this report, comments have been received from the following external agencies. 7.4.1 Town of Ajax •No concerns regarding the proposed development. •During construction, ensure the Fifth Concession Road is maintained in terms of cleanliness and structural integrity, as this is the main access route for the Dexshire Drive development to the south in the Town of Ajax. 7.4.2 Durham District School Board •No objections to the proposal. •Students generated from this development will attend existing neighbourhoodschools. 7.4.3 Elexicon •No objections to the proposed development. 7.4.4 Enbridge •No objections to the proposed development. •Enbridge reserves the right to amend or remove development conditions. 7.5 City Department Comments As of the date of this report, comments have been received from the following internal City departments: 7.5.1 Fire Services •No objections to the proposed development. 8.Planning & Design Section Comments The following key concerns and issues have been identified to date. These matters, and others identified through the circulation and detailed review of the proposal, must beaddressed by the applicant before a final recommendation report is presented to thePlanning & Development Committee. Information Report 01-26 Page 8 • ensure the proposal aligns with the Provincial Planning Statement (2024), Greenbelt Plan (2017), Region of Durham Official Plan “Envision Durham” (2024), and Pickering Official Plan • consult with the Region of Durham Health Department to confirm the proposed lots meet minimum lot size requirements for private septic systems, and that the Region is satisfied with the design and layout of the on-site sewage systems • ensure the requested zoning standards, including yard setbacks, lot area, and lot coverage, are generally consistent with those of other rural subdivisions in the area • review the submitted Environmental Impact Study, in consultation with the City’s Environmental Peer Review Consultant and the TRCA, to ensure appropriate environmental buffers are maintained between the proposed dwellings and natural heritage features, that the open space lands are conveyed into public ownership, and that fencing and restrictive covenants are established to prevent future residents from disturbing or entering the open space lands • confirm that the proposed private roads are appropriately sized to accommodate all required common elements, including sidewalks, streetlamps, and landscaping, and assess whether visitor parking spaces are needed to serve future residents Further issues may be identified following receipt and review of comments from the circulated departments, agencies and the public. The City Development Department will conclude its position on the application after it has received and assessed all comments. 9. Information Received Copies of the plans and studies submitted in support of the application(s) are listed below and available for viewing on the City’s website at pickering.ca/devapp or at the offices of the City of Pickering, City Development Department: • Airport Zoning Certificate, prepared by J.D. Barnes Limited, dated July 7, 2025 • Arborist Report, prepared by Beacon Environmental Limited, dated September 2023 • Buffer Planting Concept Plan, prepared by Beacon Environmental Limited, dated June 25, 2025 • Building Envelope Plan, prepared by Blackthorn Development Corp., dated June 18, 2025 • Coloured Draft Plan of Subdivision, prepared by Blackthorn Development Corp., dated March 18, 2025 • Comment Response Matrix, prepared by Blackthorn Development Corp., dated September 2025 • Cover Letter, prepared by Blackthorn Development Corp., dated September 4, 2025 • Draft M-Plan, prepared by J.D. Barnes Limited, dated March 3, 2025 • Draft Plan of Common Elements Condominium, prepared by J.D. Barnes Limited, dated March 14, 2025 • Draft Plan of Subdivision, prepared by Blackthorn Development Corp., dated March 18, 2025 • Draft Zoning By-law, prepared by Blackthorn Development Corp. • Environmental Impact Study, prepared by Beacon Environmental Limited, dated July 2023 Information Report 01-26 Page 9 • Erosion and Sediment Control Plans, prepared by Candevcon East Limited, dated June 16, 2025 • Functional Servicing and Stormwater Management Report, prepared by Candevcon East Limited, dated June 2025 • Functional Servicing and Grading Plan, prepared by Candevcon East Limited, dated June 16, 2025 • Geomorphic Assessment, prepared by Candevcon East Limited, dated October 2023 • Hydrant Flow Test, prepared by Candevcon East Limited, dated May 8, 2025 • Noise Impact Study, prepared by Candevcon East Limited, dated September 20, 2023 • Phase One Environmental Site Assessment, prepared by GeoPro Consulting Limited, dated September 10, 2021 • Planning Justification Report, prepared by Blackthorn Development Corp., dated September 2025 • Preliminary Hydrogeological Assessment, prepared by GeoPro Consulting Limited, dated October 30, 2023 • Preliminary Nitrate Impact Assessment, prepared by GeoPro Consulting Limited, dated October 18, 2023 • Preliminary Sewage System Assessment, prepared by Gunnell Engineering Ltd., dated March 17, 2025 • Sewage System Lot Analysis, prepared by Gunnell Engineering Ltd., dated June 11, 2025 • Slope Stability Analysis, prepared by GeoPro Consulting Limited, dated September 2, 2025 • Soil Characterization Report, prepared by GeoPro Consulting Limited, dated December 28, 2022 • Stage 1 & 2 Archaeological Assessment and Supplementary Document, prepared by Archeoworks Inc., dated May 2, 2022 • Stage 3 Archaeological Assessment, prepared by Archeoworks Inc., dated July 20, 2022 • Supplementary Geotechnical Investigation, prepared by GeoPro Consulting Limited, dated December 5, 2022 • Survey, prepared by J.D. Barnes Limited, dated March 14, 2007 • Surveyor's Certificate, prepared by J.D. Barnes Limited • Sustainability Checklist, prepared by Blackthorn Development Corp. • Traffic Assessment Study, prepared by Candevcon Group Inc., dated June 6, 2025 • Updated Water Balance Assessment, R.J. Burnside & Associates Limited, dated August 15, 2023 • Water Balance Assessment, prepared by R.J. Burnside & Associates Limited, dated August 15, 2023 • Wetland Risk Assessment, prepared by Beacon Environmental Limited, dated September 2023 10. Procedural Information 10.1 General • written comments regarding this proposal should be directed to the City Development Department Information Report 01-26 Page 10 •all comments received will be noted and used as input to a Recommendation Reportprepared by the City Development Department for a subsequent meeting of Councilor a Committee of Council •any member of the public who wishes to be notified of Council’s decision regardingthis proposal must request such in writing to the City Clerk 11.Owner/Applicant Information The owner of this property is 869547 Ontario Inc., who is represented by BlackthornDevelopment Corp. Attachments: 1.Location Map 2.Air Photo Map 3.Submitted Conceptual Site Plan4.Submitted Draft Plan of Subdivision5.Submitted Draft Plan of Condominium Prepared By: Original Signed By Isabel Lima Principal Planner, Development Review Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner IL:ld ---l ) Unopened Road Allowance / Town of Ajax •111•1 Municipal Boundary af:j of Location Map File: SP-2023-04, A 13/23 & CP-2023-05 PlCKERlNG Applicant: 869547 Ontario Inc. Municipal Address: 3225 Fifth Concession Road City Development © The Corporation of the City of Pickering Produced (in part) under license from: Date: Nov. 24, 2025 © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.,© His Majesty the King in Department Right of Canada, Department of Natural Resources. All rights reserved.;© Teranet Enterprises Inc. and its SCALE: 1:6,000 I suppliers. All rights reserved.,© Municipal Property Assessment Corporation and its suppliers. All rights reserved. THIS ISNOTAPLANa= SURVEY. L:\PLANNING\01-MapFiles\03 -Applications\SP\2023\SP-2023--04, A13--23, CP-2023--05 869547 Ontario lnc\SP-2023--04, A13-23, CP-2023-05 869547 Ontario lnc.aprx Attachment 1 to Information Report 01-26 af:j of Air Photo Map File: SP-2023-04, A 13/23 & CP-2023-05 PlCKERlNG Applicant: 869547 Ontario Inc Municipal Address: 3225 Fifth Concession Road City Development © The Corporation of the City of Pickering Produced (in part) under license from: Date: Nov. 25, 2025 © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.,© His Majesty the King in Department Right of Canada, Department of Natural Resources. All rights reserved.;© Teranet Enterprises Inc. and its SCALE: 1:6,000 I suppliers. All rights reserved.,© Municipal Property Assessment Corporation and its suppliers. All rights reserved. THIS ISNOTAPLANa= SURVEY. L:\PLANNING\01-MapFiles\03 -Applications\SP\2023\SP-2023--04, A13--23, CP-2023--05 869547 Ontario lnc\SP-2023--04, A13-23, CP-2023-05 869547 Ontario lnc.aprx Attachment 2 to Information Report 01-26 Attachment 3 to Information Report 01-26 L:\Planning\01-MapFiles\SP\2021 Nov 26, 2025DATE: Applicant: Municipal Address: File No: Submitted Conceptual Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2023-04, A 13/23 & CP-2023-05 869547 Ontario Inc. 3225 Fifth Concession Road NN Attachment 4 to Information Report 01-26 L:\Planning\01-MapFiles\SP\2021 Nov 26, 2025DATE: Applicant: Municipal Address: File No: Submitted Draft Plan of Subdivision FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2023-04, A 13/23 & CP-2023-05 869547 Ontario Inc. 3225 Fifth Concession Road N Attachment 5 to Information Report 01-26 L:\Planning\01-MapFiles\SP\2021 Nov 26, 2025DATE: Applicant: Municipal Address: File No: Submitted Draft Plan of Condominium FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2023-04, A 13/23 & CP-2023-05 869547 Ontario Inc. 3225 Fifth Concession Road