HomeMy WebLinkAboutPD 30-08
Cit'l 0#
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
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Report Number: PO 30-08
Date: July 7, 2008
From:
Neil Carroll
Director, Planning & Development
Subject:
Request from Mattamy (Brock Road) Limited for Exemption to Section 10 (b) of
Fill & Topsoil Disturbance By-law 6060/02
Duffin Heights Neighbourhood
Recommendation:
1. That the request of Mattamy (Brock Road) Limited for exemption from Section 10 (b)
of Fill & Topsoil Disturbance By-law 6060/02 to allow pre-grading of its lands in the
Duffin Heights Neighbourhood be approved; and
2. Further, that the appropriate City officials be authorized to take the necessary
actions to give effect thereto.
Executive Summary: Mattamy (Brock Road) Limited owns land in the Duffin
Heights Neighbourhood, which is subject of a Draft Plan of Subdivision Application and
Zoning By-law Amendment Application. Mattamy wishes to proceed at the end of July 2008
with topsoil removal and earthworks for cut and fill to pre-grade, and rough grading for a
stormwater management pond. However, City of Pickering Fill & Topsoil Disturbance By-law
6060/02 Section 10 (b) prohibits the Director, Planning & Development from issuing a permit
unless the land use to which the proposed work pertains is permitted by applicable by-laws
passed under the Planning Act.
As the current 'A'- Agricultural zoning of the lands does not permit the development to
which the proposed grading work pertains, Mattamy requires Council approval of an
exemption from Section 10 (b) of the Fill & Topsoil By-law in order to proceed with the
proposed grading work to accommodate future development.
Financial Implications: There are no financial implications to this request.
Sustainability Implications: This report does not contain any sustainability
implications.
Report PO 30-08
July 7, 2008
Subject: Exemption to Fill & Topsoil Disturbance
By-law 6060/02 Section 10 (b)
Page 2
~'1 5
Background: In a letter dated June 11, 2008 (see Attachment #2 - copy of
letter), Mattamy (Brock Road) Limited has requested an exemption to Fill & Topsoil
Disturbance By-law 6060/02 in order to commence pre-grading site works activity on its
lands in the Duffin Heights Neighbourhood at the end of July 2008. These works
include topsoil removal and earthworks for cut and fill to pre-grade, and rough grading
for a stormwater management pond. The works are required prior to installation of
underground servicing which Mattamy anticipates will commence in late 2008/early
2009 following Council's consideration of their draft plan/zoning amendment
applications. Mattamy wishes to proceed with pre-grading work as earthworks,
especially topsoil removal, cannot be completed when the ground is frozen.
However, the lands subject of Mattamy's request are currently zoned lA' - Agricultural which
does not permit the land use to which the proposed grading work pertains. Fill & Topsoil
Disturbance By-law 6060/02 Section 10 (b) prohibits the Director, Planning & Development
from issuing a permit unless the land use to which the proposed work pertains is permitted by
the applicable by-laws passed under the Planning Act. Mattamy has submitted a draft plan of
subdivision application (S-P-2008-01) and zoning by-law amendment application (A 1/08) on
its lands, but these applications will not be considered by Council until late 2008 (see
Attachment #1 - Location Map). Consequently, in order for a permit to be issued at this time,
Council's approval of an exemption to the By-law must first be secured.
The Planning & Development Department has no objection to Mattamy's exemption
request. The lands are currently designated for urban development and the
environmental development limits have already been established in consultation with
Toronto and Region Conservation Authority, Ministry of Natural Resources and other
approval authorities (these lands were part of the Seaton land exchange). The
exemption will only apply to the timing of grading activity. All other requirements of the
Fill & Topsoil Disturbance By-law and permit process will apply. Further, the proposed
earthworks are limited to pre-grading of the site and will not pre-determine the
subdivision design which has yet to be considered by Council.
Attachments:
1 . Location Map
2. Copy of letter requesting exemption from Fill & Topsoil Disturbance By-law
Report PO 30-08
July 7, 2008
Subject: Exemption to Fill & Topsoil Disturbance
11 f, By-law 6060102 Section 1 0 (b)
Page 3
Prepared By:
Approved/Endorsed By:
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Robert Starr
Supervisor, Development Control
Neil Carro, =- CIP,RPP
Director, Planning & Development
NC:kb
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
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P1ACHMENT-I I TO
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION CON 3, N PT LOT 17,18 40R-2114, PART 1 TO 5
SCALE 1 :5000
CHECKED BY DB
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FILE No.
MATTAMY HOMES INC.
SUBDIVISION APPLICATION
DATE JUNE 19, 2008 DRAWN BY JB
OWNER
o 0 ources:
Tor-anol Enterprises Inc. and ita supplier:s. All rights Reserved. Not 0 pion of survey.
2005 MPAC and its suppliers. All rights Reserved. Not 0 plan of Survey.
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JUN 11 2008
June I I, 2008
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Dear Ms Wilcox:
RE: Fill and Topsoil Disturbance Bylaw 6060/02
Mattamy (Brock Road) Limited, Duffin Heights
We are writing to City to request an exemption to the current Fill and Topsoil Disturbance
Bylaw 6060/02 and allow our application for site alteration as submitted in October 2007 to be
approved which would allow Mattamy to start site works at the end of July.
Our development schedule will require approximately 3.5 months for topsoil stripping and cut
& fill moving to pre-grade the land for servicing and complete the rough grades for the pond.
Our Consultant is preparing their detail engineering design for submission with the anticipation
that the City and Region will be able to review and approve the plans and allow us to start
servicing approximately 100 units in October.
Over that past year we have frequently pre-consulted with Planning and Engineering staff to
review our draft plan prior to our December 2007 application. Since then we have regularly
met with staff to discuss and resolve outstanding planning and engineering matters.
The Duffm Heights Landowner Group (DHLG) revised the Environmental Servicing Plan
(ESP) and submitted it to the City and TRCA May 15th. A coordination meeting was held on
June 6th that confirmed the ESP was approved "In Principle" by the TRCA.
We anticipate the approval ofthe Group's Local OPA will occur this fall and Mattamy's Draft
Plan and Zoning by-law wiJI happen at the same time.
We understand that a staff report will need to be approved at Council to support our request, as
such we respectfully request your report be presented at the earliest possible Council meeting
for consideration.
We thank you in advance for your cooperation with these matters.
Please contact me if you require any additional information.
Yours truly,
MAITAMY (BROCK ROAD) LIMITED
-L
T (90,) 477-2048 F (905) 477-2337
140 RENFREW DRIVE. SUITE 206. MARKHAM, ONTARIO L3R 653