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HomeMy WebLinkAboutJanuary 4, 2010 Planning & Development Committee Agenda _ Monday, January 4, 2010 PICK RRI Council Chambers 7:30 pm Chair: Councillor Dickerson PART "A" PAGES PLANNING & DEVELOPMENT REPORTS 1. Director, Planning & Development, Report PD 01-10 1-85 Draft Plan of Subdivision SP 2008-08 Zoning By-law Amendment Application A 16/08 Lebovic Enterprises Limited Part Lot 18, Concession 3 City of Pickering RECOMMENDATION 1. That Draft Plan of Subdivision SP-2008-08 submitted by Lebovic Enterprises Limited, to permit a residential plan of subdivision on lands being on Part of Lot 18 Concession 3 be, as shown on the Staff Recommended Plan, Attachment #5 to Report PD 01-10, be endorsed; I 2. That the proposed conditions of draft plan approval of subdivision to implement Draft Plan of Subdivision SP-2008-08 as set out in Appendix I to Report PD 01-10 be endorsed; 3. That Zoning By-law Amendment Application A 16/08 submitted by Lebovic Enterprises Limited, to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2008-08, as outlined in Appendix II to Report PD 01-10 be endorsed; 4. That the City Solicitor be authorized to attend the Ontario Municipal Board Pre-Hearing on January 22, 2010, and any subsequent hearing, to support Draft Plan of Subdivision SP-2008-08 and Zoning By-law Amendment Application A 16/08 as endorsed by Council; and 5. Further, that Council authorize the execution by the Mayor and Clerk the cost sharing agreement to facilitate acquisition of land for the .development of William Jackson Drive and to secure cost sharing arrangements. Accessible For information related to accessibility requirements please contact PICKSF- LN ~ Linda Roberts J~ Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Iroberts (&citvofr)ickenna.com Citq oo Planning & Development. Committee Agenda _ Monday, January 4, 2010 PICKERIN Council Chambers 7:30 pm Chair: Councillor Dickerson 2. Director, Planning & Development, Report PD 02-10 86 -160 Draft Plan of Subdivision SP 2008-09 Zoning By-law Amendment Application A 17/08 Lebovic Enterprises Limited Part Lot 20, Concession 3 City of Pickering RECOMMENDATION 1. That Draft Plan of Subdivision SP-2008-09 submitted by Lebovic Enterprises Limited, to permit a residential plan of subdivision on lands being on Part of Lot 20 Concession 3 be, as shown on the Staff Recommended Plan, Attachment #4 to Report PD 02-10, be endorsed; 2. That the proposed conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2008-09 as set out in Appendix I to Report PD 02-10 be endorsed; 3. That Zoning By-law Amendment Application A 17/08 submitted by Lebovic Enterprises Limited, to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2008-09, as outlined in Appendix II to Report PD 02-10 be endorsed; and 4. Further, that the City Solicitor be authorized to attend the Ontario Municipal Board Pre-Hearing on January 22, .2010, and any subsequent hearing to support Draft Plan of Subdivision SP-2008-09 and Zoning By-law Amendment Application A 17/08 as endorsed by Council 3. Director, Planning & Development, Report PD 03-10 161-2.37 Draft Plan of Subdivision SP 2005-04 Zoning By-law Amendment Application A 36/05 Cougs (Tillings) Limited Part of Lot 20, Concession 3. City of Pickering RECOMMENDATION 1. That Draft Plan of Subdivision SP-2005-04 submitted by Cougs (Tillings) Ltd., to permit a residential plan of subdivision on lands being on Part of Lot 20 Concession 3 be, as shown on the Staff Recommended Plan Attachment #4, to Report PD 03-10, be endorsed; 2. That the proposed conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2004-05 as set out in Appendix I to Report PD 03-10 be endorsed; i (Zitqao Planning & Development Committee Agenda _ Monday, January 4, 2010 PICKERING Council Chambers 7:30 pm Chair: Councillor Dickerson 3. That Zoning By-law Amendment Application A 36/05 submitted by Cougs (Tillings) Ltd., to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2005-04, as outlined in Appendix II to Report PD 03- 10 be endorsed; and 4. Further, that the City Solicitor be authorized to attend the Ontario Municipal Board Pre-Hearing on January 22, 2010, and any subsequent hearing to support Draft Plan of Subdivision SP-2005-04 and Zoning By-law Amendment Application A 36/05 as endorsed by Council. 4. Director, Planning &Development, Report PD 04-10 238-301 Zoning By-law Amendment - A 18/09 2121401 Ontario Limited (VIVA Retirement Living Corp.) 1884 Glengrove Road (Lots 42, 43, 44 and Part of Service Road, Plan 509) City of Pickering RECOMMENDATION 1. That Report PD 04-10 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 18/09 be approved to permit a retirement home and day care centre on lands being Lots 42, 43, 44 and Part of Service Road, Plan 509; and 3. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 18/09, as set out in Appendix I to Report PD 104-10, be forwarded to City Council for enactment (II) OTHER BUSINESS. (III) ADJOURNMENT Report to Planning Development I KERIN Committee Report Number: PD 01-10 Date: January 4, 2010 0? From: Neil Carroll Director, Planning & Development Subject: Draft Plan of Subdivision SP-2008-08 Zoning By-law Amendment Application A 16/08 Lebovic Enterprises Limited Part Lot 18, Concession 3 City of Pickering Recommendation: 1. That Draft Plan of Subdivision SP-2008-08 submitted by Lebovic Enterprises Limited, to permit a residential plan of subdivision on lands being on Part of Lot 18 Concession 3 be, as shown on the Staff Recommended Plan, Attachment #5 to Report PD 01-10, be endorsed; 2. That the proposed conditions of draft plan approval of subdivision to implement Draft Plan of Subdivision SP-2008-08 as set out in Appendix I to Report PD 01-10 be endorsed; 3. That Zoning By-law Amendment Application A 16/08 submitted by Lebovic Enterprises. Limited, to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2008-08, as outlined in Appendix II to Report PD 01-10 be endorsed; 4. That the City Solicitor be authorized to attend the Ontario Municipal Board Pre-Hearing on January 22, 2010, and any subsequent hearing, to support Draft Plan of Subdivision SP-2008-08 and Zoning By-law Amendment Application A 16/08 as endorsed by Council; and 5. Further, that Council authorize the execution by the Mayor and Clerk the cost sharing agreement to facilitate acquisition of land for the development of William Jackson Drive and to secure cost sharing arrangements. Executive Summary: The applicant's submitted revised plan proposes to develop a draft plan of subdivision consisting of 28 detached dwellings, 24 semi-detached dwellings and 106 townhouse dwellings for a total of 158 dwelling units. The plan proposes new municipal roads and laneways to service the proposed dwellings (see Location Map and Applicant's Submitted Revised Plan, Attachments #1 & #4). Report PD 01-10 January 4, 2010, Subject: Draft Plan of Subdivision SP-2008-08 02 Zoning Amendment Application A 16/08 Page 2 The applications were appealed by Lebovic Enterprises Limited (Lebovic) to the Ontario Municipal Board (OMB) as the municipality failed to make a decision respecting the applications within the time frame established in the Planning Act. With the development of this draft plan, the western leg of Old Taunton Road will be stopped-up and closed, and a new collector road will be constructed southerly through the draft plan to connect with the proposed William Jackson Drive in the southerly abutting Mattamy draft plan of subdivision. A portion of the land now occupied by Old Taunton Road is proposed to be developed into a Village Green that will have townhouse dwelling units fronting onto it. In March 2009 the applicant acquired additional land adjacent to the south limit of the draft plan from the Ontario Realty Corporation (ORC). These ORC lands had applications. before the City for approval of a draft plan of subdivision (SP-2008-10) and a zoning by-law amendment (A 20/08). Lebovic consolidated these lands and their associated applications with its original applications and submitted a revised consolidated draft plan. Staff are recommending various changes to the revised draft plan to better address the relationship of the proposed residential lots with the southerly adjacent school block (see Staff Recommended Plan, Attachment #5). The staff recommended plan more appropriately addresses urban design matters for the southern portion of the draft plan and provides a lotting pattern that will allow for the development of a housing form that is more compatible with the adjacent school block to the south. It is recommended that the applications be endorsed by Council, and that the City Solicitor be authorized to attend the Ontario Municipal Board Pre-Hearing on January 22, 2010, and any subsequent hearing, to support Draft Plan of Subdivision SP-2008-08 and Zoning By-law Amendment Application A 16/08 as endorsed by Council. The City's requirements respecting development of the subject property will be addressed through conditions of Draft Plan of Subdivision Approval and site-specific zoning provisions, to be presented to the OMB. Financial Implications: The City will be responsible for certain capital costs related to the development of the Village Green, and the ongoing maintenance of both this facility and the multi-purpose trails within the draft plan (located on Street "A" and Street "B"). Additional City resources (i.e. snow clearing equipment) are anticipated to be required to service the laneways. Some funding for the upgrade of roads to collector road status will be provided through Development Charges. Sustainability Implications: The applicant submitted a Sustainability Report that is based on the City's Draft Sustainability Guidelines. Staff have reviewed the report and rated the draft plan as achieving a Level 1 score. The proposed draft plan incorporates many of the elements set out in the Guidelines. Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 Zoning Amendment Application A 16/08 Page 3 03 The applicant has been encouraged to pursue additional sustainable measures set out in the Guidelines in order to achieve a higher rating for the development. 1.0 Background: 1.1 Introduction Lebovic submitted revised applications for a draft plan of subdivision and amendment to the zoning by-law in order to implement a draft plan of subdivision on the subject lands (see Location Map, Attachment #1). The draft plan of subdivision proposed the creation of 28 lots for detached dwellings, 12 lots for 24 semi-detached dwellings and 20 blocks for 106 townhouse dwelling units. The townhouse product consists of both street townhouses and lane townhouses (see Applicant's Submitted Revised Plan, Attachment #4). The original applications were presented at a Statutory Public Information Meeting held on September 29, 2008 (see Applicant's Submitted Original Plan, Attachment #2). The owner acquired additional lands adjacent to the south limit of the Plan from ORC and thereby inherited the draft plan of subdivision and zoning amendment application (see ORC Plan, Attachment #3). These applications were the subject of a Statutory Public Information Meeting held on February 2, 2009. The owner then consolidated the former ORC lands into the original applications and requested the closing of the former ORC applications. The revised consolidated draft plan was then submitted and circulated to various agencies and departments. On September 24, 2009, the owner's solicitor submitted appeals to the OMB for the revised draft plan of subdivision and zoning by-law amendment applications (see Attachment #6). The appeals are based on the City's failure to make a decision on the applications in accordance with the time frames of the Planning Act. The OMB has set a Pre-Hearing Conference on January 22, 2010 to consider these appeals. The OMB has reserved dates for a three day hearing commencing on February 24, 2010, if required. These appeals will be considered by the OMB with the appeals related to Lebovic Enterprises Limited draft plan of subdivision and rezoning applications west of Brock Road (SP-2008-09 and A 17/08) and the appeals related to Cougs (Tillings) Limited draft plan of subdivision and rezoning applications also located west of Brock Road (SP-2005-04 and A 36/05). Staff comments and recommendations in this report pertain to the revised consolidated draft plan of subdivision that proposes the development of detached dwellings, semi-detached dwellings and townhouse dwelling units and open space blocks (see Staff Recommended Plan, Attachment #5). 'Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 04 Zoning Amendment Application A 16/08 Page 4 The following chart outlines the proposed development detail of the original plan compared to the revised draft plan of subdivision: Revised Details of the Applications Original Plan ORC Plan Consolidated (see Attachments #2 to #4) Plan Total area of draft plan - 5.35 ha 1.09 ha 6.450 ha Area for residential lots - 3.17 ha 0.48 ha 3.68 ha Area of Open Space block - 0.80 ha 0.01 ha 0.81 ha Municipal road and lanes - 1.37 ha 0.58 ha 1.95 ha Detached dwelling - 15 NA 13 - 9.0 metres lot frontage Detached dwelling - 13 NA 15 - 11.0 metres lot frontage Semi-Detached Dwellings - 24 24 Street townhouse units - 17 NA 31 -'6.0 metres lot frontage Street townhouse units - 29 NA 33 - 7.0 metres lot frontage Rear lane townhouses - 37 22 42 r - 6.0 metres lot frontage Total dwelling units - 135 22 158 Net residential density - 42.4 45.4 42.9 (units per hectare) 2.0 Comments Received: 2.1 At the September 29, 2008 and February 2, 2009 Information Meetings Three area residents spoke at the September 29, 2008 Information Meeting for the original applications to seek information and expressed concern respecting impact on private services, impact on the wildlife corridor, and timing of the development (see Text of the Information Report, Attachment #7 and Meeting Minutes, Attachment #8). No public spoke at the February 2, 2009 Information Meeting (see Text of the Information Report, Attachment #9 and Meeting Minutes, Attachment #10). 2.2 Following the Information Meeting Comments from Kahn Auction Ltd. noted that they endorse development and upgrades to the area. However, they noted that their property is currently serviced by private well and septic and expressed concern over any potential impacts the proposed development may have on these private services (see Attachment #11). l Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 Zoning Amendment Application A 16/08 Page 5 05 2.3 Agency Comments 2.3.1 Region of Durham The Region of Durham has provided the following comments: • the proposal is permitted by the policies of the Durham Region Official Plan; • the subject lands are within the Growth Plan and would conform to the Growth Plan. Future intensification in strategic locations that facilitate transit- supportive land use is encouraged and should be considered; • the applications have been screened in accordance with Provincial Interests and Delegated Review and there is no concern with the applications as certain requirements can be addressed through conditions of approval; • municipal water supply and sanitary sewer service can be provided by the extension of services; and, • the Region has no objection to the applications and has provided conditions of approval (see Attachment #12). 2.3.2 Toronto and Region Conservation The Toronto and Region Conservation Authority (TRCA) has advised that the subject land is located in the Duffin Heights Neighbourhood and is therefore subject to the Council adopted Official Plan Amendment 18, the Duffin Heights Neighbourhood Development Guidelines and the Duffin Heights ESP. Environmental matters are required to be addressed by these policies. Certain matters, such as compensation for loss of headwater tributaries, can be addressed through conditions of approval. As such, TRCA has no objection to the applications and has provided conditions of approval (see Attachment #13). 2.3.3 Conseil scolaire de district du Centre-Sud-Quest The Conseil scolaire de district du Centre-Sud-Quest has advised that a school site is required in the catchment area of Durham Region. The School Board has requested a condition of approval be included, regarding their need for a site on the subject land, until a school site has been finalized at another location (see Attachment #14). The comment and conditions that have been provided by Conseil scolaire de district du Centre-Sud-Quest are the same comments that have been received for other recent draft plans of subdivisions in Pickering. It is staff's understanding the School Board is currently investigating a possible school site elsewhere in Pickering, however no formal agreement has been entered into. The School Board's request for a school site in this draft plan is not being accommodated. The approved Duffin Heights Neighbourhood plan identifies two school sites and the Board could investigate the availability of either of these sites as a possible school location. Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 06 Zoning Amendment Application A 16/08 Page 6 2.3.4 Durham Catholic District School Board The Durham Catholic District School Board has requested that the southerly abutting school site lands, that are designated for a Catholic elementary school, be increased in size. They have requested that three townhouse blocks, being Blocks 58, 59 and 60 comprising 14 townhouse dwelling units be removed from the plan and identified as a school block to be incorporated with the southerly abutting school block lands (see Attachment #15). 2.3.5 Other Agencies The following agencies or departments advised they have no objection to the applications and certain technical issues and requirements related to the proposed use of the lands can be addressed during the detailed subdivision approval/implementation process, should these applications be approved: 1 Canada Post (see Attachment #16); 2 Durham District School Board (see Attachment #17); 3 Rogers Cable Communication (see Attachment #18); 4 GTAA (see Attachment #19); 5 Hydro One (see Attachment #20); 6 Enbridge Gas Distribution Inc. (see Attachment #21); 7 Veridian Connections (see Attachment #22); 8 Bell (see Attachment #23); 9 Enbridge Pipeline Inc (see Attachment #24). 2.4 City Department Comments 2.4.1 Development Control A subdivision agreement and a construction management plan will be required to address development of the site. The subdivision agreement will address, but not be limited to: road construction, easements, fencing, traffic management, off-site works, and cost sharing. Servicing requirements need to be in accordance with the Environmental Servicing Plan for Duffin Heights and an approved Functional Servicing and Stormwater Report. Modification to the plan may be required to address certain matters depending on the final layout of the draft plan of subdivision. The applicant should be responsible for required improvement to Old Taunton Road where it abuts the draft plan. Cost sharing the William Jackson Drive extension will need to be finalized. I Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 Zoning Amendment Application A 16/08 Page 7 07 3.0 Discussion: 3.1 The Applicant has Appealed the Draft Plan of Subdivision and Rezoning Applications to the Ontario Municipal Board Lebovic has appealed both the Zoning By-law Amendment and Draft Plan of Subdivision Applications to the OMB. The applicant's appeals are submitted under Subsection 34 (11) and, Subsection 51 (34) of the Ontario Planning Act due to the municipality failing to make a decision on either application within 120 and 180 days respectively (see Attachment #6). The OMB has scheduled a pre-hearing conference on January 22, 2010 and reserved a three day hearing commencing February 24, 2010 to hear these appeals and the appeals related to the Lebovic draft plan/rezoning as well as the Cougs draft plan/rezoning applications. As the applications have been appealed, the OMB is now the approval authority and could approve a lotting and/or road pattern different from what Council endorses. It is our expectation that the applicant will introduce professional opinion evidence to support any aspect of the Council recommendation that they are not in agreement with. Therefore, the City should be represented by legal counsel at the OMB hearing in order to protect the City's interests and to advance the recommendation of City Council before the OMB. In view of these hearing dates, staff must seek Council's direction regarding staff's role at the hearing at this time as the only Council meeting prior to the hearing is January 18, 2010.. It is recommended that the City Solicitor be authorized to attend the hearings to support the Draft Plan of Subdivision and Zoning By-law Amendment application as endorsed by Council. 3.2 The Proposed Density is Acceptable The residential portion of the subject property is designated Urban Residential Area - Medium Density Area and Mixed Use Areas - Mixed Corridors, in the Pickering Official Plan. The Mixed Use Areas - Mixed Corridors designation requires development to comply with a residential density of over 30 units up to and including 140 units per net hectare and the Urban Residential Area - Medium Density Area establishes a density range of over 30 dwellings per net hectare and up to and including 80 dwellings per net hectare. Based on the current design the density for this development is 42.9 dwelling units per net hectare. 3.3 Lotting Reconfiguration Recommended To address improved interface with the future school block and to improve the townhouse lot configuration in the northwest sector of the plan, it is recommended that the design of specific lots and road/lanes be modified (see Staff Recommended Plan, Attachment #5). Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 08 Zoning Amendment Application A 16/08 Page 8 3.3.1 South-east Sector of Plan In order to provide greater neighbourhood exposure for the future school block it is recommended that the east/west leg of Street "B" be shifted south to abut the future school block. The school board has advised that its preferred design is to have a school block that provides two road frontages thereby providing greater design flexibility in the laying out of school facilities. The proposed road relocation can be accommodated with the introduction of a lane for the townhouse block. This would create dwelling units facing the school without any driveways onto the street. This will also provide a heighted level of safety by providing "eyes on the street" and eliminating driveway conflict with pedestrians. In terms of request of the Durham Catholic District School Board to expand the southerly abutting school block into this draft plan it is noted that the proposed school block does not form part of this draft plan and is subject to independent applications for rezoning and draft plan of subdivision to create the actual school block. The size of the school block was established when ORC severed this parcel from its holdings in the area. It is staff understanding that ORC, representing the Province, took into consideration the required size of the school block when they submitted their severance application. It is also recommended that the north/south leg of Street "B" be widened from 15.5 metres to 16.0 metres to accommodate a trail width of 2.0 metres. 3.3.2 North-west Sector of Plan The proposed townhouse blocks in the northwest sector of the plan should all be serviced by municipal roads or lanes. Therefore, the entire north/south leg of Street "C" should be widened to 15.5 metres and the northern most lane should be widened to the minimum municipal standard of 8.5 metres. This change is recommended in order"to have a consistent unit design and streetscape for both the internal street view (Street "C") and from Brock Road. The widening of the lane to 8.5 metres will eliminate the need for a draft plan of condominium and provide all future homeowners with the same level of service., The final design for this sector will be investigated further with the applicant in order to best address the streetscape/urban design and the related noise attenuation for this area. If an enhanced design is proposed by the applicant and is satisfactory to the City then this design can be accommodated during the processing of the final plan through a red-line revision to the draft plan. 3.4 The Natural Heritage Feature Identified on the Site Will be Protected Lands that are designated Open Space Systems - Natural Area are intended to be used primarily for conservation, environmental protection, restoration, education passive recreation and similar uses. Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 Zoning Amendment Application A 16/08 Page 9 The lands that are part of the subdivision that are designated Open Space Systems - Natural Area form part of the Urfe Creek valley system and are proposed to be conveyed to a public authority and used as natural area. This complies with the policies of the City of Pickering Official Plan. It is recommended that lands determined to be designated Open Space Systems - Natural Area be excluded from residential lotting and be zoned Open Space- Hazard Land (OS-HL) which only permits the preservation of the natural environment (see Appendix II, Recommended Zoning By-law). 3.5 Duffin Heights Neighbourhood Development Guidelines The recently approved Duffin Heights Neighbourhood Development Guidelines (NDG) provide design objectives for the neighbourhood, being: • to create accessible pedestrian-oriented residential areas, distinct in character and harmonious with the larger neighbourhood; • to create a streetscape which is attractive, safe and encourages social interaction within the neighbourhood; • to establish a central focus to the neighbourhood which is safe, lively and attractive; • to provide a diversity of uses to support neighbourhood and City functions; • to preserve and maintain the ecological function of the tableland forest and valleylands; • to promote site development and building/construction that is consistent with the City's Sustainable Development Guidelines; and, • to provide a mix of housing types, forms, affordability and tenure, on a variety of lot frontages. The staff recommended plan achieves these design objectives. The introduction of laneway based dwelling units adds to the streetscape component of the neighbourhood, provides on-street parking opportunities and increases variety in housing form. The NDG require that all the residential development in the draft plan be subject to Architectural Design Control. Architectural Control will promote a.high degree of streetscape design within an overall neighbourhood plan. The objectives include: • creating distinctive and appealing streetscapes through attention to building design and detailing; • ensuring appropriate massing, materials and building siting; • design compatibility; • identifying specific design requirements for specific priority lots having highly visible elevations; and, • encourage pedestrian friendly streetscape. Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 10 Zoning Amendment Application A 16/08 Page 10 Specifically, the siting, massing, and facade, design of townhouse units shall be coordinated on a block-by-block basis. The applicant will be required to provide special attention to the detail design of the townhouses, particularly along Street "A" (William Jackson Drive) including the associated laneway. 3.6 Duffin Heights Environmental Servicing Plan (ESP) Requirements Need to be Satisfied On October 20, 2008, City Council endorsed the recommendations of the Final Duffin Heights Environmental Servicing Plan (ESP) prepared by Sernas Associates on behalf of Lebovic, Mattamy Homes, Cougs (Tillings) Investments Limited and the Ontario Realty Corporation. The completion of the ESP is a necessary prerequisite to the consideration and approval of development applications in Duffin Heights. The ESP provides detailed information on the development limits, servicing requirements and recommendations to protect and enhance the natural heritage system including appropriate ecological buffers and stormwater management. On May 19, 2009 Council adopted Official Plan Amendment 18 that implemented City Council's endorsement of the recommendations of the ESP. On October 29, 2009 the OMB approved Official Plan Amendment 18. The ESP set out certain prerequisites and requirements that must be satisfied prior to development, (including the subject draft plan of subdivision). These include, but are not limited to: • Functional Servicing and Stormwater Report; • Monitoring Report; • Compensation Report; • Fish Habitat Restoration Fund contribution; • Watershed System Monitoring and Management Fund contribution; and, • Adaptive Management Fund contribution. Some of these requirements will form part of the cost sharing agreement between the Duffin Heights Landowners Group. The required reports have/should be initiated by the applicant and will need to be finalized and accepted by the City and/or TRCA as part of the final subdivision approval process. The required monetary contributions will be secured through conditions of draft approval for the subdivision., As part of the Council endorsed ESP and the recently approved Official Plan Amendment 18, the major land owners in Duffin Heights (including Lebovic) are required to enter into a cost sharing agreement, that will be administrated by a trustee, to ensure all landowners pay their proportional share of the cost to develop the neighbourhood. Therefore, prior to the registration of any draft plan of subdivision, the City will require that the cost sharing agreement has been finalized and that confirmation has been received from the trustee that all of Lebovic's financial contribution has been provided. Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 Zoning Amendment Application A 16/08 Page 11 3.7 Off-Site Works are Required to service the Draft Plan As part of the development of the draft plan certain off-site work will be required by the subdivider to service the draft plan. These works involve lands owned by the City and private landowners. 3.7.1 William Jackson Drive Part of the development of the draft plan will be to construct Street `'A", being William Jackson Drive, from the north limit of the Mattamy draft plan to Old Taunton Road. In order for this to occur all the lands required for the road need to be under City ownership, or be in the process of being dedicated to the City for road purposes. Therefore, until all the lands required for the road are in a .position to be dedicated to the City, the draft plan will not be able to be finalized for registration. William Jackson Drive is required to provide servicing for the Lebovic Plan and to provide a second entrance/exit to the draft plan. The road is also required to enable the overall traffic circulation for the east side of the Duffin Heights Neighbourhood. The applicant, City staff and abutting landowners have met to initiate discussions on the requirements to achieve the conveyance and construction of this road. A draft cost sharing agreement specific to the conveyance of land and construction of William Jackson Drive between the subject draft plan and the Mattamy draft plan to the south has been prepared and is currently being reviewed by all parties prior to finalization. The landowners who will be contributing to the cost of constructing William Jackson Drive have requested that the City be a party to their cost sharing agreement as the'land will ultimately be conveyed to the City for a municipal road and for the City to control the reserve blocks adjacent to the right-of-way. Some funding for this road upgrade will be provided through the City's Development Charges Study/By-law. Therefore, as part of the recommendations of this report, staff are seeking Council's authorization to finalize and execute the specific cost sharing agreement for the development of William Jackson Drive that is partially located on lands outside of the subject draft plan of subdivision. 3.7.2 Old Taunton Road The other off-site work that will be required is the development of a Village Green on the former Old Taunton Road road allowance west of the intersection of Street "A" and Old Taunton Road. The development of the Village Green will require the rehabilitation of the former road right-of-way into public open space. The design of the Village Green must ensure that the access to the individual properties on the north side of Old Taunton Road is appropriately maintained. Therefore, the development of the Village Green may have to be phased while the access to the northern properties is maintained. It is anticipated that City staff (Municipal Property & Engineering) will work with the applicant and develop site development concepts. _I i Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 12 Zoning Amendment Application A 16/08 Page 12 With the City making a land contribution for the Village Green the value of the land must be recognized to the City's satisfaction in a cost sharing agreement. This may result in a parkland dedication credit or some other agreeable compensation in a cost sharing agreement. For Old Taunton Road east of William Jackson Drive the road must be upgraded to City standards. The responsibility and cost sharing of the upgrades will be addressed in the subdivision agreement. 3.8 Parkland Dedication Requirement to be Coordinated for Entire Neighbourhood For the Duffin Heights Neighbourhood, a Master Parks Agreement is being entered into by the major land owners. This agreement, which the City may be a party to, will set out the parkland requirements for the entire neighbourhood. The proposed agreement will outline what lands are to be dedicated for parkland. The Master Parks Agreement will set out that the City will not collect cash-in-lieu of parkland from any developer that is party to the agreement, nor will the City be required to pay for any over dedication. A trustee will administer this cost sharing agreement so that the land owners all pay their proportional share for parkland development in the neighbourhood. The Master Parks Agreement will ensure that the City receives the Planning Act five percent parkland dedication or cash-in-lieu for the entire, neighbourhood. Therefore, even though no parkland is being dedicated through the subject draft plan, the requirement for parkland contribution will be administered through the overall Master Parks Agreement. The establishment of an appropriate Master Parks Agreement to the satisfaction of the City will be a condition of draft approval. 3.9 Proposed Subdivision Conditions of Approval The revised draft plan of subdivision, subject to the noted lot and road modifications referred to in Section 3.3 of this report, is recommended for approval. The draft plan represents appropriate development that conforms to the Official Plan and the Duffin Heights Neighbourhood Development Guidelines. Detail design matters are incorporated in the recommended conditions of approval and will be reviewed during the further processing of the application to ensure compliance with the Duffin Heights ESP, City policies and agency requirements. The cost sharing agreement between the major landowners is required to be executed prior to any final approval for registration is granted by the City. Prior to final approval, the City must also receive confirmation from the trustee that all financial contributions have been addressed. The recommended draft plan of subdivision conditions of approval are outlined in Appendix I to this report. Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 Zoning Amendment Application A 16/08 Page 13 3.10 Proposed Zoning The proposed zoning provisions address building location performance standards to ensure an appropriate design for the neighbourhood. The recommendations also contain vehicle parking zoning standards to ensure that all dwellings (detached, semi-detached and townhouses), have a minimum of two functional parking spaces per unit on the private property and a minimum internal garage size. A standard related to minimum front yard landscaped area is included to ensure a minimum amount of any front yard remains landscaped. This provision will also control the maximum size of a driveway, indirectly providing on street parking opportunities. It is noted the proposed zoning contains the same performance standards for all of the proposed subdivisions in Duffin Heights to ensure a uniform zoning throughout the Neighbourhood. The recommended zoning is attached in Appendix II to this report. 4.0 Applicant's Comments: The owner is aware of the recommendations of this Report. Appendices: Appendix I Recommended Conditions of Draft Approval Appendix II Draft Implementing Zoning By-law Requirements and Schedule Attachments: 1. Location Map 2. Applicant's Original Submitted Plan 3. ORC Original Plan 4. Revised Consolidated Plan 5. Staff Recommended Plan 6. Notice of Appeal Letter 7. Text of Information Report No. 19-08 8. Minutes from September 29, 2008 Statutory Public Information Meeting 9. Text of Information Report No. 01-09 10. Minutes from February 2, 2009 Statutory Public Information Meeting 11. Landowner's Comment - Kahn Auction Ltd. 12. Agency Comments - Region of Durham Planning Department 13. Agency Comments - TRCA 14. Agency Comments - Conseil scolaire de district du Centre-Sud-Quest 15. Agency Comments - Durham Catholic District School Board Report PD 01-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-08 4 Zoning Amendment Application A 16/08 Page 14 16. Agency Comments - Canada Post 17. Agency Comments - Durham District School Board 18. Agency Comments - Rogers Cable 19. Agency Comments - GTAA 20. Agency Comments - Hydro One 21. Agency Comments - Enbridge Gas 22. Agency Comments - Veridian Connection 23 Agency Comments - Bell Canada 24. Agency Comments - Enbridge Pipeline Inc. 25. City Comments - Development Control Prepared. By: Approved/Endorsed By: Ross Pym, MCI PP Neil Ca P, RPP Principal Planer - Development Review Director, Panning & Development Lyn a aylor, MCIP, RPP Manage`, Development Review RP:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 640 L4O-,, CA0 Thomas . Q inn, RDMR., CMM Chief Administrative Officer Appendix I to Report PD 01-10 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-08 Recommended Conditions of Approval for 6 Draft Plan of Subdivision SP-2008-08 1.0 General Conditions: 1.1 That this recommendation apply to the draft plan prepared by Sernas Associates, revised dated June 2009, on lands being Part of Lot 18, Concession 3, City of Pickering, as modified per comments contained in Report PD 01-10 to permit the development of 28 detached dwellings, 24 semi-detached dwellings and 106 street townhouses on the subject lands. 2.0 Prior to the Registration of the Plan: 2.1 That the owners submit a Draft 40M-Plan based on comments contained in Report PD 01-10 to be approved by the City's Planning & Development Department; 2.2 That the implementing by-law for Zoning By-law Amendment Application A 16/08 become final and binding; 2.3 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 following: 2.3.1 Storm Drainage (a) satisfaction of the Director, Planning & Development Department respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) satisfaction of the Director, Planning & Development Department for contributions for downstream stormwater management; (c) satisfaction of the Director, Planning & Development Department for design and implementation of diversion of stormwater from off-site lands as proposed in an approved Functional Servicing and Stormwater Report; 2.3.2 Grading Control and Soils (a) satisfaction of the Director, Planning & Development Department respecting submission and approval of a grading and control plan; (b) satisfaction of the Director, Planning & Development Department respecting the submission and approval of a geotechnical soils analysis; (c) satisfaction of the Director, Planning & Development Department respecting the authorization from abutting land owners for all off-site grading; - I Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-08 Page 2 2.3.3 Road Allowances (a) satisfaction of the Director, Planning & Development Department respecting construction of roads with curbs, storm sewers, sidewalks and boulevard designs; (b) street names and signage to be provided to the satisfaction of the City of Pickering; (c) that the specific cost sharing agreement for the construction of William Jackson Drive be executed by all required parties to the satisfaction of the City of Pickering; 2.3.4 Construction / Installation of City Works & Services (a) satisfaction of the City respecting arrangements for the provision of all services required by the City; (b) satisfaction of the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services; (c) that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider; 2.3.5 Dedications / Transfers / Conveyances (a) that the owner convey to the City, at no costs: (i) any easements as required; and, (ii) any reserves as required by the City-, (b) that the subdivider convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility; (c) that the owner arrange at no costs 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 the draft approval; 2.3.6 Construction Management Plan (a) that the owner make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-08 Page 3 (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; (ii) addressing the parking of vehicles and the storage of construction and building, materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) insurance 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; (vii) details of the temporary construction access; 2.3.8 Development Charges (a) satisfaction of the City financially with respect to the Development Charges Act; 2.3.9 Coordinated Development (a) satisfaction of the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required; (b) satisfaction of the City with respect to the disposition of future development blocks and acquisition of abutting severed parcels prior to draft plan registration; (c) satisfaction of the City with respect to providing a second access to Brock Road until such time as proposed Street "A" is extended northward and intersects with an existing street and is open to public traffic; 2.3.10 Fencing (a) satisfaction of 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, (b) the owner agrees to submit a Landscape Fencing Plan, with respect to the provision of a noise attenuation fencing, to the satisfaction of the Director, Planning & Development Department; (c) the owner agrees to install a fence next to the Village Green and valley lands to the satisfaction of the City of Pickering; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-08 Page 4 19 2.3.11 Street Tree Planting (a) the submission of a street tree planting plan to the satisfaction of the City; 2.3.12 Architectural Control' (a) that the owner, prior to the preparation of the subdivision agreement, shall engage a control architect, to the satisfaction of the Director, Planning & Development Department, who will prepare streetscape/architectural control guidelines to the City's satisfaction, approval all models offered for sale and certify that all building permit plans comply with the City's approved guidelines; (b) that the owner ensure that engineering plans are coordinated with the streetscape/architectural control guidelines and further that the engineering plans coordinate the driveway, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved; (c) that the owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing; (d) that the subdivider provide a fixed payment satisfactory to the City to provide for the long term maintenance and repairs of items such as enhancements to fences, entrance feature walls, medians that exceed the City's normal standards and which are requested by the subdivider; 2.3.13 Noise Attenuation (a) that the owner satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features to the satisfaction of the Region of Durham, and the City of Pickering that addresses rail, road and any abutting industrial noises; 2.3.14 Engineering Drawings (a) that the owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree' planting, and financially-secure such works; (b) that the engineering plans be coordinated with the architectural design objectives; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-08 Page 5 211 (c) that the subdivider revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City's satisfaction; 2.3.15 Other Approval Agencies (a) that the subdivider satisfy.all the requirements of the Region of Durham; (b) that the subdivider satisfy all the requirements of the Toronto and Region Conservation Authority; (c) that any approvals which are required from the Region of Durham or the Toronto and Region Conservation Authority for the development of this plan be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals; 2.3.16 Environmental Servicing Plan (a) that the subdivider satisfy, to the satisfaction of the City of Pickering, 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; (vi) Adaptive Management Fund contribution; and, (vii) that the subdivider become a party to the cost sharing agreement for Duffin Heights and the Director, Planning & Development Department receives an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the subdivider has made satisfactory arrangements to pay its proportion of the shared development cost; 2.3.17 Parkland Dedication (a) that the subdivider satisfy, to the satisfaction of the City of Pickering, that the Duffin Heights Master Parks Agreement has been entered into and executed that establishes the requirements and process for parkland dedication in accordance with the Planning Act for the Duffin Heights Neighbourhood; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-08 Page 6 21 2.3.18 Phasing (a) that if this subdivision is to be developed by more than one registration, the subdivider will be required to submit a plan showing the proposed phasing, all to the satisfaction of the City; 2.3.19 Temporary Access (a) that the subdivider construct a temporary secondary emergency access at no cost to the City for this draft plan. The temporary access must be in a location and be designed to the satisfaction of the City. However, the subdivider acknowledges and agrees that if there is an opportunity in the future to/for the development of lands north of Street "A" in this draft plan, they may eliminate the need for a temporary access to the subject area by utilizing a future road system; 2.3.20 Easements for Off-Site City Facilities (a) that the subdivider satisfy to the satisfaction of the Director, Planning & Development Department any required easement for works, facilities or use rights that are required by the City of Pickering. 2.4.21 . Construction Works (a) That the owner, forthwith upon receiving draft plan approval, confirm in a letter to the City and in a provision in the subdivision agreement that it will not commence any construction works (including site servicing, topsoil . stripping and grading) on the subject property until the works required for the construction of the Central Duffins Collector sanitary sewer have commenced. 2.4.22 Village Green Land Value (a) that the subdivider satisfy to the satisfaction of the Director, Planning & Development Department that the value of land for the Village Green has been appropriately recognized and compensated for in a cost sharing agreement. Appendix II to Report PD 01-10 22 Recommended Zoning By-Law Amendment Application A 16/08 THE CORPORATION OF THE CITY OF PICKERING 23 BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3037 to implement the Pickering Official Plan in Part of Lot 18, Concession 3, City of Pickering (A16/08, SP-2008-08) WHEREAS the Ontario Municipal Board deems it desirable to permit the development of a range of single detached, semi-detached and multiple horizontal residential units, and open space on the subject lands being Part of Lot 18, Concession 3, in the City of Pickering; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 18, Concession 3 in the City of Pickering, designated "S-SD-SA-3, "NP" and "OS-HL" on Schedule I. 3. GENERAL PROVISIONS No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Bay, Bow, Box Window" shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation, may or may not include a window seat; and may include a door; By-law No. Page 2 2J2) "Corner Rounding" shall mean a lot line of a corner lot at the intersection of two street lines in the form of an arc, that joins the front lot line to the flankage lot line; (3) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling Single or Single Detached or Detached Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto which is freestanding from other main structures; (d) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached above grade by a common wall which extends from the base of the foundation to the roof line and for a horizontal distance of not less than 6 metres; (e) "Dwelling, Single Attached or Single Attached Dwelling" shall mean one of a group of not less than 3 adjacent dwellings,attached together horizontally by an above grade common wall; (4) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with an accessory buildings or structures, or a public park or open space area regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (b) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7,5 metres distant from the front lot line; (5) "Neighbourhood Park" shall mean a municipal public park; (6) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (7) "Street" shall mean a street as defined in the Highway Traffic Act, as amended from time to time, which may provides vehicular access to a lot. A private road registered in a plan of condominium is also considered a street for the purpose of this by-law By-law No. Page 3 25 (8) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wail of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line, or where there is no rear lot line the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. By-law No. Page 4 6 5. PROVISIONS ("S-SD-SA-3" Zone) (1) Uses Permitted ("S-SD-SA-3" Zone) No person shall, within the lands designated "S-SD-SA-3" on Schedule attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) single dwelling; (b) semi-detached dwelling; (c) single attached dwelling; (2) Zone Requirements ("S-SD-SA-3") No person shall, within the lands designated ("S-SD-SA-3") on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the provisions as set out in the following table. For a single dwelling the zoning provisions shall be based on the lot frontage with the exception of corner lots which will be based on the abutting lot size: 9.0 m 12.0 m 13.5 m semi- Street Lane single single single detached single single dwelling dwelling dwelling dwelling attached attached dwelling dwelling (a) Lot 9.0 m 12.0 m 13.5 m 7.5 m 6.0 m 6.0 m Frontage Minimum (b) Lot Area 225 m 300 m 335 m 180 m 150 m 170 m Minimum (c) Lot Depth 25 m 25 m 25 m 24.5 m 24.0 m 29.0 m Minimum (d) Front Yard 3.0 m 3.0 m 3.0 m 3.0 m 3.0 m 3.0 m Depth Minimum (e) Interior 1.2 m on 1.2 m on 1.2 m on 1.2 m, 1.2 m, 1.2 m, Side yard one side one side one side except except except Width and 0.6 m and 0.6 m and 0.6 m where where, where (Minimum) on the on the on the dwellings dwellings dwellings other side other side other side on on on and and and abutting abutting abutting provided provided provided lots share lots share lots share there is a there is a there is a a common a a minimum minimum minimum wall, no common common 1.2 m 1.2 m 1.2 m interior wall; no wall, no separation separation separation side yard interior interior between between between shall be side and side and By-law No. Page 5 27 dwellings dwellings dwellings required shall be shall be on adjacent on on adjacent required required lots; adjacent adjacent to that adjacent adjacent lots; lots; wall on to that to that either lot; wall on wall on either lot either lot (f) Flanking 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m Side Yard Width Minimum (g) Rear Yard 7.0m 7.0m 7.0m 7.0m 7.0m 12.0m Depth Minimum (h) Building 12.0 m 12.0 m 12.0 m 13.0 m 13.0 m 13.0 m Height Maximum (i) Driveway 55 percent 55 percent 55 percent 50 50 50 Width percent percent percent Maximum Q) Lot 15m 15m 15m 15m 15m 15m Coverage of All Accessory Buildings Maximum The following special provisions shall be applicable-to all lands designated ("S-SD-SA-3") (k) Corner Rounding Setback (minimum): despite any front yard depth or flankage side yard width requirement; on a corner lot, the setback to a corner rounding shall be 1.75 metres; (1) Parking Requirement (minimum): two private parking spaces per dwelling unit which can be provided either within an attached garage or with one parking space in an attached garage and one parking space in a driveway immediately in front of the parking garage for that dwelling unit, (m) Garage Requirements (minimum): one private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; By-law No. Page 6 G (n) Garage Parking Size (minimum): each parking space within a private garage shall have a minimum width of 2.9 metres and a minimum depth of 6.0 metres provided, however, that the width may include one interior step and the depth may include two interior steps; (o) Yard Encroachments: In addition to the provisions of Section 5.7 of By-law 3037, the following shall also apply: (i) a covered or uncovered porch, veranda or balcony and with or without a foundation, may have the following setbacks: A to front lot line: 1.0 metres; B to flankage lot line: 1.0 metres; C to interior side lot line: 0.6 metres; D to rear lot line: 5.0 metres; E to a corner rounding: 1.0 metres; F Eaves above these features may project: a further 0.6 metres into the required front, flankage or rear yard or corner rounding setback; (ii) uncovered steps minimum setback to a streetline: 0.4 metres (iii) uncovered decks of any height are permitted in the rear yard provided minimum setbacks are provided as follows: A to interior side lot line: 0.6 metres; B to flankage lot line: 1.0 metres; C to rear lot line: 3.0 metres;. D steps from a deck: may encroach an additional 1.2 metres onto the rear yard (iv) bay, bow or box windows may encroach a maximum into required yards as follows: A front yard: 0.6 metres; B flankage yard: 0.6 metres; C rear yard: 1.0 metres; D Eaves above these features: may project to a further 0.6 metres into the required front, flankage or rear yard; (p) Lane based Units that abut a Park or Village Green: Despite anything other provision in this By-law where a lot line for lane based single attached dwelling in a "S-SD-SA-3" zone abuts a Neighbourhood Park or Village Green, said lot line shall be deemed the front lot line; (q) Detached Garages for Lane Based Dwelling Units: A detached garage is not considered an accessory building for the purpose of lot coverage; By-law No. Page 7 29 (r) Detached Garage Requirements: Where the rear lot line abuts a street and vehicular access is provided from that street the following shall apply: (i) minimum side yard width of 0.0 metres; (ii) minimum flanking side yard width of 2.4 metres; (iii) minimum rear yard depth of 0.6 metres; (iv) a detached garage is not considered a main building for the purpose of the by-law. 6. PROVISIONS ("UR" Zone) (1) Uses Permitted ("UR" Zone) No person shall within the lands designated "UR" on Schedule I attached hereto use any lot or erect alter or use any building or structure for any purpose except for the following: (a) outdoor recreation uses without buildings or structures (b) existing lawful uses, located in existing buildings or structures, provided such use continue in the same manner and for the same purpose for'which they were uses on the day this by-law was passed; (c) temporary sales pavilion; (2) Zone Requirements ("UR" Zone) No person shall within the lands designated "UR" on Schedule l attached hereto, use any lot or erect alter or use any building or structure except in accordance with the following provisions: (a) Building Height (maximum): 13.0 metres; (b) Setback to all lot lines (minimum): 7.0 metres; (c) Parking requirements for temporary sales pavilion (minimum): 10 spaces; 7. PROVISIONS ("OS-HL" Zone) (1) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use,any lot or erect, alter or use any building or structure except the following: (a) resource management, including a stormwater management facility; (b) pedestrian and bicycle trails; By-law No. Page 8 (2) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected except where buildings or structures are used only for purposes of resource management, including a stormwater management facility; pedestrian and/or bicycle trails. 8. PROVISIONS ("NP" Zone") (1) Uses Permitted ("NP" Zone) No person shall within the lands designated "NP" on Schedule I attached hereto use any lot or.erect, alter or use any building or structure for any purpose except the following: (a) neighbourhood park. 9. MODEL HOMES (1) . Notwithstanding any provisions in By-law 3037 to the contrary, a maximum of 6 Model Homes, together with not fewer than two parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached to this By-law prior to the division of those lands by registration of a plan of subdivision; (2) For the purposes of this By-law, "Model Home" shall mean a dwelling unit which is not used for residential purposes, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 10. BY-LAW 3037 By-law 3037 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it appears to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 11. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. _ I 31 I 1 I I I I I I 162.4m 3 NP L OLD TAUNTON ROAD 82Am 78.5m 38.8 91.3m 25.3m tO 3 ~ - 3 -I o ~ r ~ o Q 3 STREET 'C' m X 0 3 Y 25.7m O CON 3 PT LOT 8, 40R 1900055 ART 1-.4 m STREET 'C' 3 3 3 P 118.5m 27.3m 59.4m J 3 STREET 'B' 120.8m I I I I N SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2010 I ATTACHMENT #-TO RENURT # PD--CJ 32 ROAD TAUNTON ~ti~~ 090 FpNB K TREEi HUAL) i O~ PJ SUBJEC PROPER MACPHERSON y CONTRACTING U LTD. O m GAT F C~,A F~ 4 /NDU CULTURAL C rAr MUNICIPAL OPERATIONS CENTRE DERStN STREET City of Pickering Planning & Development Department PROPERTY DESCRIPTION CON 3 PT LOT 18 07\ OWNER LEBOVIC ENTERPRISES LTD. DATE DEC. 4, 2009 DRAWN BY JB FILE No. SP2008-08, A016/08 SCALE 1:5000 CHECKED BY RP H c. rc T-..Enterpriasa. inc. ontl ;ta aupplara. All rghta Rsasrvetl. ".I. plan pt au-ey. PN-15 c 2005 "PAC - its' suppl lars. All rights Rcaervetl. Not a plan of Survey. ATTACHMENT # L TO REPORT # PD APPLICANT'S ORIGINAL SUBMITTED 3 3 DRAFT PLAN OF SUBDIVISION SP 2008-08 & A 16/08 - LEBOVIC ENTERPRISES LIMITED OLD TAUNTON ROAD {BI:Of, i ) r ao. 1~ a51 re~bc~ d1 ' , ~ 25 1 1 9T,H I J 7 ~ ~5~T,N I ~ 2 t! ~ 1 I t l l R--_" . 21 28 3 i N+ILwaI i611~~77fK451 5 gam- ' J~8 Q i t9 { ~t t E fi~T t ~5 2 fi Q i_ + 1 P .....6....~._A o QcK 5[1 _ i 330 y 4 T 4T- _ g- 31 32 - i 8-.p7LFK5 I iLo1 3 1 t O Qbt 3 1 817 i dTN 1 4Q!7 :N 1 I i I 1, I ~.AL eP ~ 15 Y r SIT.H t i 'RH.1. i 36 3 1 ff~o xn~ i 144&i 'PLOCK48 1 ?3 u~~ 39 I I: eI TLI 1 I61T~ P I ,s k. F~. I 1 1 i 1 1 I 1 14G u;,S I 4o I(((ll ~ 1 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, AUGUST 12, 2008. ATTACHMENT ~ TO REPORT # PD 01._10 INFORMATION COMPILED FROM APPLICANT'S 34 SUBMITTED PLAN ONTARIO REALTY CORPORATION (EAST). SP-2008-10 & A 020/08 ~d• I III •a .e6-19 s I V PETRD o PART 2, PLAN 40R-833 CANADA i w 4 LOCI~at]~ same J, I S ce E d II.I LOGN 7 t L C 1 O K 2 Future"R.O.W. Shore rl. T (0.125ho-0.31oc.) 0.4 &4 6.4 OLD POST s xr E FENCE DON MACPHERSON B" PART 7 6.4 Q4 ).9 ).9 8A ).9 ).9 6A 6.4 9J CONTRACTING LTD. B O K S BL c 4 B o K 3 Qe ^ s r.. 3 H r PLAN 40R - 2114 - ORC b PART 6 Future R.O.W. Shore Y$k o (0.026ho-0.06oc.) Ultimate J TIS CONS. ETD. 22.Om width Other rids wrn d 5 PART 1 F u t u r e C o n e c o /I t FUTURE SCHOOL SITE (1.739 ho - 4.30 oc.) J~ KAHN ADCT 7 1.~ Q,P~ o Existing LTD. Future R.O.W. Shore 6 7esiden tiol (0.111 h a- 0.27oc.) L Existing r. Commercial \ Ex' ing O If Club j Y L House 0 0 Future R.O.W. Shore (0.132ha-0.336c.) PLAN 4 rQe 383 CD PIN - 0016 P Existing PART 3 Residential PART 2 - da PLAN 40R - 10383 O M A T T A M Y 1a99z `1 NJI)S'b'E 2V2 NEIGHBOURHOOD PARK PART 4, PLAN 20R .3m Reserv PART ® PLAN 20R - 2114 _ BLOCK 10 FUTURE MMIXED US O. PQIRJ272ha 4.. ad.) ^ \ Ex. es rc 'V FULL SCALE COPIES OF THE APPLICANTS SUBMITTED PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES OCTOBER 8, 2008. ATTACHMENT - TO REPORT # PD ©1-10 INFORMATION COMPILED FROM APPLICANT'S 5 REVISED(JUNE 2009) SUBMITTED PLAN LEBOVIC ENTERPRISES LTD. S P-2008-08 & A 016/08 EYW eOCeen -I.,. Vmoq. ~ OLD TAUNTON ROAD 7 I °..~R6 ~ a 6 [ 9' aR s~ III 8 s e ' a T. • T.w, e t i R ' .R HZ s ns a o.,. a• c_; D • 9 Ell r s. _ e 6 E dj n t as.,. R •n. a «s. e aha a. II0 Future R.O.W. Share ' } (0. 125ho-O.Jfm.) T TT z 3 •i _ E Future R.O.W. share 'a (O.026ho-a O6ac.) aa ibnatR R.0.e. Waln ' ZZ.On c U r e C O FT FI 6 C I O i FUTURE SCHOOL SITE (1.739 ho - 4.30 oc.) - E.41ing Future R.O.W, Share Residential E+istinq (O.Iliho-0.270C.) Conn-sia Future R.O.W. Share (0. IJ2no-0. JJoc.) 3 E.fslinq . Residential .msxs ap ut zr.Sn E g 6~ M FUTURE MIXED USE l..aSn Mss... N FULL SCALE COP/£S OF THE APPUGiNT'S SUBMITTED PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, JUNE 9, 2009. ATTACHMENT # 5 TO REPORT # PD 01-10 36 STAFF RECOMMENDED PLAN FOR REVISED(JUNE 2009) SUBMITTED PLAN LEBOVIC ENTERPRISES LTD. SP-2008-08 & A 016/08 Cl. R.O.W. To Be Gosea ♦¢y amre wrage aeea OLD TAUNTON ROAD - ..~5 E T 9 fi.A sac L T ~T A ~ 5 m s R L 4 bG Future R.O.W. Share- `L (0. 125ha-0.31oc.) 7 7 } ~ B Fatwe R.O.W. Snare (0.026na-O.O6oc.) R a• R.o.w.~Wgm Fj; U r e C o n n e r / O NT RE SCHOOL 9TE (L739 ha - 4.30 oc) E+1s1Mq Future R.O.W. Sham . ResiCmtiol E+iatinq (0.111ho-0.27oc.) - Commerciol .E Future R.O.W Aare (0.132ho-0.33oc.) E+latinq ResiAmtiel a NNRE YIx D USE -07\ •Y FULL SCALE COP/ES OF THE APPLICANTS SUBMITTED PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PIANN/NC & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, NOV 3, 2009. Barristers & Solicitors WeirFouldSLLP ATTACHMENT #___,6 To REPORT # PD 1VO years 37 September 24, 2009 Michael J. McQuaid, Q.C. T: 416-947-5020 mcquaid@weirfoulds.com ' VIA FACSIMILE AND MAIL File 00056.00038 Debi Wilcox City Clerk City of Pickering One The Esplanade Pickering, ON L1V 61<7 Dear Ms. Wilcox: Re: Notice of Appeal - Lebovic Enterprises Limited Zoning By-law Amendment Application A 16/08. y0raftPlan of Subdivision Application SP-2008-08 We act on behalf of Lebovic Enterprises Limited ("Lebovic") with respect to its lands located on Part of Lot 18, Concession 3 in the City of Pickering,, commonly. referred to as the "Bradshaw Property". These lands are part of the Duffin Heights Neighbourhood. On July 17, 2008 Lebovic submitted Zoning By-law Amendment and Draft Plan of Subdivision applications for the above noted lands. These applications were amended by letter dated June 9, 2009, to include the former. ORC property located to the south of the Bradshaw Property, which had just been acquired by Lebovic. To-date, the Council of the City of Pickering has failed to make a decision on these applications. On behalf of our client, we hereby appeal Council's failure to make a decision on these two applications to the Ontario Municipal Board, pursuant to subsection 34(11) and 51(34) of the Planning Act, R.S.O: 1990, c.P.13, as amended. The proposed development is located within the area subject to Official Plan Amendment 18 ("OPA 18"), which was recently adopted by the City of Pickering. OPA 18 has been appealed to the Ontario Municipal Board by another party, and we would request that this appeal be consolidated with that appeal, if necessary. We are also aware that Mattamy (Brock Road) Limited has appealed Council's refusal of Zoning By-law Amendment and Draft Plan of Subdivision applications for their lands which are also located within the Duffin Heights Neighbourhood. Accordingly, we would ask that our clients appeal, also be consolidated with the Mattamy (Brock Road) appeal. T:41'6-365-1110 P:416-365-1876 The Exchange Tower, Suite 1600. P.O. Box 480, 130 King Street West Toronto, Ontario, Canada M5X U5 www.weirfoulds.com Barristers & Solicitors ATTACHMENT TO WeirFoUldSLLP REPORT # PD ___0 " I 15O 3 B years The reasons for this appeal are as follows: Lebovic, Mattamy and the other land owners in the Duffin Heights area have been in discussions with the Region of Durham. The purpose of these discussions is to reach a front- ending servicing agreement whereby the developers would advance funds to the Region, to allow for the construction of required services for the area. Prudent practice would suggest that a developer should have its plan draft approved when a commitment of major funds for. such a front-end agreement are advanced. Accordingly, Lebovic would like to see its plans proceed to draft approval in the same time frame as the Mattamy plans. In addition, we believe the City has raised certain planning issues regarding the Mattamy appeal respecting sustainable urban development guidelines which may bear on the Lebovic plans and the matters should be consolidated so that these issues are-dealt with in the most efficient manner. We look forward to receiving notice that this appeal and the supporting material has been sent to the Ontario Municipal Board for further processing Yours truly, Wei Foulds LLP Mi ha~l . Mc uaid, c: 'Chas Barnett 2 ATTACHMENT # 7 To REPORT # PD ©I -113 39 City o~ ICI ICKERING INFORMATION REPORT NO. 19-08 FOR PUBLIC INFORMATION MEETING OF September 29, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision SP-2008-08 Zoning By-law Amendment Application A 16/08 Lebovic Enterprises Limited Part Lot 18, Concession 3 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are located east of Brock Road, south of Old Taunton Road; - a property location map is provided for reference (see Attachment #1); the existing use of the property is residential and commercial, being a detached dwelling and the commercial being "Bradshaw Towing and Storage" therefore a portion of the property is used for open storage; the north-west corner of the property was previously used as a automobile service station, however this use closed years ago and the majority of this property is now owned by the Region of Durham and has been used for the reconstruction/realignment of Brock Road and Old Taunton Road; the majority of the subject -property is sparsely vegetated with only the eastern portion of the property containing natural vegetation on lands associated with the buffer lands of the Urfe Creek; the majority of the site's topography is relatively flat with a slope to the east on the eastern portion of land where the land drops off toward the Urfe Creek valley; - surrounding land uses are: north - on the opposite side of Old Taunton Road are residential properties; south - open storage yard related to Macpherson Contracting and a portion of the Seaton Golf Course (this portion of the golf course is proposed to be developed for residential purposes); east - wood lot, open space; west - on the opposite side of Brock Road are residential properties; - the property located at the south-west corner of the subject property is a vacant parcel. ATTACHMENT # 7 - o Information Report No. 19-08 REPORT # PD D 1-10 Page 2 n 2.0 APPLICANT'S PROPOSAL the owner of the subject lands has submitted an application for approval of a draft plan of subdivision and an application to amend the zoning by-law in order to implement the proposed. draft plan; - the draft plan of subdivision proposes to create 28 lots for detached dwellings, 12 lots for 24 semi-detached dwellings, 14 blocks for 83 lots for townhouse dwelling units and an open space block (see Attachment #2 - Submitted Plan); - all of the proposed lots will front onto new municipal streets or lanes; - the detached dwellings and semi-detached dwellings are generally proposed in the eastern portion of the plan and the townhouses are generally in the western portion of the draft plan; - with the development of this draft plan the western leg of Old Taunton Road is to be stopped up and closed and the road will be realigned southerly through the draft plan; - the following chart outlines the proposed development detail: Details of the Applications Total area of draft plan - 5.35 hectares Residential lots - 3.17 hectares Municipal road and lanes - 1.37 hectares Open Space - 0.80 hectares Number of detached dwelling lots - 9.0 m lot frontage = 15 - 11.0 m lot frontage = 13 Number of semi-detached dwellings - 24 Rear lane townhouse dwelling units - 6.0 m lot frontage = 37 Street townhouse dwelling units - 6.0 m lot frontage = 17 - 7.2 m lot frontage = 29 Total dwelling units - 135 Net residential density - 42.4 units per hectare 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as Living Areas, which are intended to be used predominantly for housing purposes; - for the lands that front onto Brock Road they are designated as Regional Corridor which are intended to be developed as mixed use areas, which include residential, commercial and service areas with higher densities supporting higher order transit services and featuring a high degree of pedestrian oriented design; - the Region of Durham is currently processing Regional Official Plan amendments for the Duffin Heights Neighbourhood and until these amendments are concluded upon the. conformity of the applications with the entire Regional Official Plan is yet to be determined; ATTACHMENT #~TO Information Report No. 19-08 REPORT # PD_ C> - i d Page 3 41 3.2 Pickering Official Plan - the Pickering Official Plan designates the subject lands as Mixed Use Areas - Mixed Corridors, Urban Residential Areas - Medium Density Areas and Open Space System - Natural Areas; - Mixed Use Areas - Mixed Corridors are intended to be developed for offices, retailing of goods and services generally serving the needs of the surrounding neighbourhoods and residential uses; - the Mixed Use Areas - Mixed Corridors designation requires development to comply with a residential density of over 30 units up to and including 140 units per net hectare and a floor space index of 2.5 FSI; permissible uses within the Urban Residential Areas - Medium Density Areas designation include, among others, residential uses and community and cultural uses as well as limited office commercial uses; - the Pickering Official Plan establishes a density range of over 30 and up to and including 80 dwelling units per hectare for development within an Urban Residential Area - Medium Density Area; - the proposed development provides a net density of 42.4 units per hectare for the proposed residential development; for the Urban Residential Area - Medium Density Area land only the density is 39.3 units per hectare and for the Mixed Use Areas - Mixed Corridors lands that are proposed for development the density is 45.5 units per hectare; - the lands that are designated Open Space - Natural Area represent lands that are associated with the valley lands for the Urfe Creek; - permissible uses within land designated Open Space - Natural Area include conservation, environmental protection, restoration and passive recreation; - Schedule 11 of the Pickering Official Plan - Transportation Systems, designates Brock Road as a Type A Arterial Road and a Transit Spine; - Type A Arterial Roads are designed to carry large volumes of traffic at moderate to high speeds, have some access restrictions and generally have a right-of-way width ranging from 36 to 50 metres; - Transit Spine are recognized corridors where high levels of transit service is to be encouraged; - Schedule 11 of the Pickering Official Plan also shows both Old Taunton Road and proposed Street "A" as Collector Road; - Schedule 111 of the Pickering Official Plan - Resource Management designates part of the subject lands as Shorelines and Stream Corridors; - Shorelines and Stream Corridors identify lands that may be prone to flooding, slope instability and/or erosion impacts and require an environmental report to be submitted that addresses environmental constraints on the subject property; - the City has adopted the Duffin Heights Neighbourhood Development Guidelines that apply to the subject lands (see Section 3.3); - the Official Plan requires an environmental report be undertaken prior to any development in the Neighbourhood (see Section 3.4); - the applications will be assessed against the policies, and provisions of the Pickering Official Plan during the further processing of the applications; ATTACHMENT # 7 TO Information Report No. 19-08 REPORT # PD C LIO Page 4 3.3 Duffin Heights Neighbourhood Development Guidelines - the Duffin Heights Neighbourhood Development Guidelines as adopted by City Council on April 22, 2003, are currently being reviewed and its anticipated that revisions to the existing Guidelines will follow the amendment to the Official Plan to implement the Environmental Servicing Plan; the current Guidelines establish guiding principles to create a cluster of separate but linked nodes of residential centred around a mixed use corridor; the subject lands form part of one of the linked residential nodes; the applications will be assessed against the Duffin Heights Neighbourhood Development Guidelines during the further processing of the applications; 3.4 Duffin Heights Environmental Servicing Plan - the City of Pickering Official Plan requires the completion of an Environmental Servicing Plan (ESP) prior to approving any detailed development plans; - the Duffin Heights landowner's group has undertaken the ESP; - the ESP reviewed the road patterns and land use designations along with the review of the environmental and servicing considerations; - the ESP recommends amendments to both the Region and City Official Plans that includes changing land use designations and road designations; - the Duffin Heights Landowner's Group has made an application to the Region of Durham to amend it's Official Plan to delete two segments of Type C arterial roads in Duffin Heights and to realign the future extension of Valley Farm Road, a Type C arterial road north of the Third Concession Road; - it is anticipated that the City will initiate an Official Plan Amendment to reflect the policy changes required to implement the ESP recommendations; 3.5 Zoning By-law 3037 - the subject lands are currently zoned "A - Agricultural Zone by Zoning By-law 3037; - the existing zoning permits a range of agricultural uses, one detached dwelling, some recreational and community uses, and selected agricultural commercial uses; - an amendment to the zoning by-law is required to allow the development of the proposed plan of subdivision; - the applicant has requested an appropriate zone that would permit the proposed development. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to date; Information Report No. 19-08 ATTACHMENT #__2_T0 REPORT # Po 0 LID Page 5 43 4.2 Agency Comments the following agencies or departments advised they have no objection to the applications: Durham District School Board; Enbridge Pipelines; Veridian Connections; Enbridge Gas Distribution (see Attachments #3 to #6); 4.3 Staff Comments - in reviewing the applications to date, the following matters have been identified by staff for further review and consideration: • we anticipate Council's endorsement of the ESP and changes to the City's Official Plan and Development Guidelines; therefore these applications will require review with the new Official Plan policies and guidelines; • ensuring that the proposed development is compatible with, and sensitive to, existing surrounding development and provides appropriate tree preservation and/or Natural Heritage Compensation; • reviewing the applications in terms of its level of sustainable development components; • concluding arrangements . respecting the provisions of appropriate stormwater management facilities to service this development; • concluding early construction by developers of the north-south collector road (William Jackson Drive) from the subject lands southerly to ensure appropriate traffic patterns for the neighbourhood is provided; • ensuring the proposed road design, lotting pattern, mixed use block and housing variety and mix are the most appropriate for the subject lands; • securement of appropriate arrangements for the construction of trails and a future village green by developers on lands owned by ORC and on the Old Taunton road allowance; • reviewing the layout of the draft plan as it relates to the abutting property that is zoned for an automobile service station with a car wash to ensure there will be sufficient separation so any conflicting land use impacts can be appropriately mitigated; • reviewing supporting technical submissions and reports to ensure that adequate information is provided, that technical requirements are met and that the proposed development design does not impact on the ability of abutting properties to develop in an appropriate fashion; the Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public an d the conclusion of the official plan amendment applications that effect the Duffin Heights Neighbourhood. ATTACHMENT Information Report No. 19-08 REPORT # PD 01-16 TO Page 6 Q c~ 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding either the proposed plan of subdivision or zoning by-law amendment application, you must request such in writing to the City Clerk; - if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed draft plan of subdivision and/or zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before -the draft plan of subdivision application is considered for approval, or before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; if you wish to reserve-the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. 6.0 OTHER INFORMATION 6.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the' applications at the time of writing the report; 6.2 Information Received full scale copies of the applicant's submitted plan and reports are available for viewing at the offices of the City of Pickering Planning & Development Department including: • the draft plan of subdivision; • Phase I Environmental Site Assessment, prepared by Geo-Canada, dated December 2007; the need for additional information and/or addendums to submitted reports will be determined through the review and circulation of the applicant's current proposal; ATTACHMENT #--2-TO Information Report No. 19-08 REPORT # PD b l /0 Page 7 ~r 6.3 Owner / Applicant Information the owners of the subject lands are Lebovic Enterprises Limited; - the applications have been submitted by Glen Easton of Sernas Associates Limited on behalf of Lebovic Enterprises Limited; Lloyd Cherniak represents Lebovic Enterprises Limited. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ross Pym MCIP, RPP Lynda Taylor, MCIP, RPP Principal Planner - Development Review Manager, Development Review RP:cs Attachments Copy: Director, Planning & Development ATTACHMENT #--2--To 46 REPORT # PD (01`16 APPENDIX NO. I TO INFORMATION REPORT NO. 19-08 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) Durham District School Board (2) Enbridge Pipelines (3) Veridian Connections (4) Enbridge Gas Distribution COMMENTING CITY DEPARTMENTS (1) none received to date ATTACHMENT #--L-TO REPORT # PD_ C~ l I1 Special Planning & Development 47 _ Committee Meeting Minutes PIUKERING Monday, September 29, 2008 7:30 pm - Council Chambers Chair: Councillor McLean PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson B. Littley B. McLean J. O'Connell D. Pickles ABSENT: Councillor Johnson - Federal Business ALSO PRESENT: T.J. Quinn - Chief Administrative Officer N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability G. Paterson - Director, Corporate Services & Treasurer L. Taylor - Manager, Development Review R: Pym - Principal Planner, Development Review G. McGregor- Principal Planner, Policy D. Shields . -Deputy Clerk - (1) PART W- PLANNING INFORMATION MEETING 1. Draft Plan of Subdivision SP-2005-04 Zoning By-law Amendment Application A 36/05 Cougs (Tillings) Ltd. Part Lot 20, Concession 3, City of Pickering 2. City of Pickering Official Plan Amendment OPA-081001 P Draft Plan of Subdivision SP-2008-01 Zoning By-law Amendment Application A 01/08 Mattamy (Brock Rd) Limited Part of Lots 17 & 18. Concession 3, City of Pickering 1 ATTACHMENT #__&9___ M REPORT # PD_ Q /-ID 48 Cra, 00 Special Planning & Development Committee Meeting Minutes Monday,. September 29, 2008 7:30 pm - Council Chambers Chair: Councillor McLean 3. Draft Plan of Subdivision SP-2008-08 Zoning By-law Amendment Application A 16/08 Lebovic Enterprises Limited Part of Lot 18, Concession 3, City of Pickering. 4. Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Ontario Realty Corporation Part of Lot 20, Concession 3, City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted applications. Lynda Taylor, Manager, Development Review gave an outline of the requirements. for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before by-laws are passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Ross Pym, Principal Planner, Development Review, gave an overview of all zoning amendment applications noted above. Ross Pym, Principal Planner stated that they had received concerns from Kahn's Auction Centre on how the developments would affect their private services. He noted that Kahn's Action Centre stated that their private services work very well at this time and wanted to ensure this continued. Gary Templeton and Bryce Jordan representatives for the applicants appeared before the Committee in-support of the applications and to respond to any questions that may arise. Mr. Pistritto, appeared before the Committee and questioned how the developments would affect the wildlife corridor that existed in the area. Greg Hewit, appeared before the Committee and questioned how long it would be before the development started and when he would have to move. Tanya Hatley., appeared before the Committee representing her father Gerry McCoy and questioned what the developments would do to his well and 2 ATTACHMENT # TO REPORT # PD_ 6 /-l D C,a! 04 Special Planning &Development 4 9 Committee Meeting Minutes Monday, September 29, 2008. 7:30 pm - Council Chambers Chair: Councillor McLean whether studies had been done regarding the environment and noise, along with what impact this would have on his property. Gary Templeton noted that the wildlife corridor had been considered in their. plans and thought the link was along side the forested area and valley lands. Bryce Jordan stated that the timeline for terminating leases would be approximately one to two years but noted that the property owner would be having further discussions with tenants. Mr. Jordan also stated that he felt the development located near his client's property would not have an impact on. the lands and noted that he felt the City owned lands would affect the McCoy property more than these developments. ATTACHMENT # 9 TO REPORT # PD_ City o~ ICI I I PICKERING INFORMATION REPORT NO. 01-09 FOR PUBLIC INFORMATION MEETING OF February 2, 2009 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision SP-2008-10 Zoning By-law. Amendment Application A 20/08 Ontario Realty Corporation Part Lot 17 and 18, Concession 3 j City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION _ - the subject lands are located on the east side of Brock Road, north of the Hydro corridor and south of Old Taunton Road; - a property location map is provided for reference (see Attachment #1); - the property was previously part of the Seaton Golf Course and the subject lands were used this past summer for golf purposes; - it is staffs understanding that the remaining portion of the Seaton Golf Course will be reconfigured and continue to operate in the future as a nine hole golf course; - the majority of the subject property is a typical golf course containing manicured turf grasses with appropriately placed mature trees; - the Durham Region Land Division Committee, on September 8, 2008, conditionally approved an application (file LD 115/08) to create the subject parcel of land from a larger holding of land owned by Ontario Realty Corporation (ORC) and the site is currently for sale; - the site's topography is relatively flat with a gentle slope to the east; - surrounding land uses are: north - residential and commercial, being a detached dwelling and the commercial being "Bradshaw Towing and Storage"; that is proposed to be developed by plan of subdivision SP-2008-08; south - a portion of the Seaton Golf Course (this portion of the golf course is proposed to be developed as a future school site); east - Urfe Creek valley lands and the remainder of the Seaton Golf Course; west - open storage yard related to Macpherson Contracting. ATTACHMENT # 9 TO Information Report No. 01-09 REPORT.1 PD- © Page 2 J~ 2.0 APPLICANT'S PROPOSAL the owner of the subject lands has submitted an application for approval of a draft plan of subdivision and an application to amend the zoning by-law in order to implement the proposed draft plan; the draft plan of subdivision proposes to create 5 blocks to be subsequently divided for 22 street townhouse dwelling units, an open space block and municipal roads (see Attachment #2 - Applicant's Submitted Plan); all of the proposed lots will front onto new municipal streets; - the draft plan contains a portion (eastern half) of Street "A" (William Jackson Drive) that will connect the subject draft plan with the proposed draft plan of subdivision to the south (Mattamy Homes) and the plan to the north (Lebovic Enterprises Limited); - it is noted that additional lands will be required for the western portion of Street "A" (William Jackson Drive) from abutting land owners and initial discussions with the landowners have occurred; - the following chart outlines the proposed development detail: Details of the Applications Total area of draft plan - 1.09 hectares Townhouse blocks - 0.48 hectares Municipal roads - 0.58 hectares Open Space - 0.01 hectares Street Townhouse dwelling units - 6.4 m lot frontage = 22 Net residential density - 45.4 units per hectare 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as Living Areas, which are intended to be used predominantly for housing purposes; - Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas; - the subject applications will be assessed against the policies and provisions of the Durham Region Official Plan during the further processing of the applications; 3.2 Pickering Official Plan - the Pickering Official Plan designates the subject lands as Urban Residential Areas - Medium Density Areas; - permissible. uses within the Urban Residential Areas - Medium Density Areas designation include, among others, residential uses and community and cultural uses as well as limited office commercial uses; ATTACHMENT # TO Information Report No. 01-09 REPORT # PD b l-lD Page 3 52 - the Pickering Official Plan establishes a density range of over 30 and up to and including 80 dwelling units per hectare for development within an Urban Residential Area -Medium Density Area; the proposed development provides a net density of approximately 45.4 units per hectare; - the subject lands are within the Duffin Heights Neighbourhood of the Official Plan; , - Schedule II of the Pickering Official Plan Transportation Systems designates Street "A" (William Jackson Drive) that will provide access to the draft plan as a Collector Road; Collector Roads are designed to carry lower volumes of traffic at lower speeds than high order arterial roads while providing access to properties; - the City has adopted the Duffin Heights Neighbourhood Development Guidelines that apply to the subject lands (see Section 3.3); the Official Plan requires an environmental report be. undertaken prior to any development in the Neighbourhood (see Section 3.4); the applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; 3.3 Duffin Heights Neighbourhood Development Guidelines - the Duffin Heights Neighbourhood Development Guidelines as. adopted by City Council on April 22, 2003, are currently being reviewed and it is anticipated that revisions to the existing Guidelines will follow the amendment to the Official Plan to implement the Environmental Servicing Plan; - the current Guidelines establish guiding principles to create a cluster of separate but linked nodes of residential development centred around a mixed use corridor; - the subject lands form part of one of the linked residential nodes; - the applications will be assessed against the Duffin Heights Neighbourhood Development Guidelines during the further processing of the applications; 3.4 Duffin Heights Environmental Servicing Plan - the City of Pickering Official Plan requires the completion of an Environmental Servicing Plan (ESP) prior to approving any detailed development plans; - the Duffin Heights landowner's group undertook the ESP; - City Council on October 23, 2008 endorsed the recommendations of the ESP; - the ESP reviewed the road patterns and land use designations along with the review of the environmental and servicing considerations; - the ESP recommends amendments to both the Region and City Official Plans that includes changing land use designations and road designations; - the Duffin Heights Landowner's Group has received approval from the Region of Durham to amend it's Official Plan to change some of the road designations in Duffin Heights; Information Report No. 01-09 ATTACHMENT #__±_T0 REPORT # Po al-iD Page 4 53 - City Council has authorized staff to initiate an Official -Plan Amendment and revisions to the Duffin Heights Development Guidelines to implement land use, transportation and environmental recommendations of ESP; - as a result of the recommendations of the ESP to amend the Official Plan and Development Guidelines, an assessment of the subject applications compliance with the policies and provisions of the Pickering Official Plan will need to take the authorized changes into account ; 3.5 Zoning By-law 3037 - the subject lands are currently zoned "02-GC Open Space - Golf Course by Zoning By-law 3037; - the existing zoning permits a golf course and a variety of open space recreational uses; - an amendment to the zoning by-law is required to allow the development of the proposed plan of subdivision; - the applicant has requested an appropriate zone that would permit the proposed development. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to date; 4.2 Agency Comments - the following agencies or departments advised they have no objection to the applications: Durham District School Board; Enbridge Gas Distribution; Canada Post; Hydro One Networks; Durham Catholic District School Board; Veridian Connections and Bell (see Attachments #3 to #9); - Conseil scolaire de district du Centre-Sud-Ouest advised of their request for a school site in the area and has requested that as a condition of approval that a school site(s) be concluded to the satisfaction of Conseil scolaire de district du Centre-Sud-Ouest (see Attachment #10); 4.3 Staff Comments in reviewing the applications to date, the following matters have been identified by staff for further review and consideration: • reviewing the applications in terms of the authorized changes to the City's Official Plan and Development Guidelines; • ensuring that the proposed development is compatible with, and sensitive to, existing surrounding development and provides appropriate tree preservation and/or Natural Heritage Compensation; ATTACHMENT if Information Report No. 01-09 REPORT # PD_ Q TO Page 5 54 • reviewing the applications in terms of its level of sustainable development components including a required report that demonstrates how the site development and building design /construction is consistent with the City's Sustainable Development Guidelines; • concluding arrangements respecting functional servicing and storm water management facilities to service this development; • concluding the ultimate alignment and early construction by developers of Street "A" the north-south collector road (William Jackson Drive) to ensure appropriate traffic patterns for the neighbourhood are provided; • ensuring the proposed road design, lotting pattern and housing variety and mix are the most appropriate for the subject lands; • securement of appropriate arrangements for the construction of trails on lands owned by ORC that abut the draft plan of subdivision; • reviewing supporting technical submissions and reports to ensure that adequate information is provided, that technical requirements are met and that the proposed development design does not impact on the ability of abutting properties to develop in an appropriate fashion; the Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public and the conclusion of the Official Plan amendment applications that effect the Duffin Heights Neighbourhood. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding either the proposed plan of subdivision or zoning by-law amendment application, you must request such in writing to the City Clerk; - if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed draft plan of subdivision and/or zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the draft plan of subdivision application is considered for approval, or before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; - if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. Information Report No. 01-09 ATTACHMENTREPORT # Pp# a _ Page 6 6.0 OTHER INFORMATION 6.1 Appendix No. - list of-neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing the report; 6.2 Information Received - full scale copies of the applicant's submitted plan and reports are available for viewing at the offices of the City of Pickering Planning & Development Department including: • the draft plan of subdivision; • Noise Assessment, prepared by Sernas associates, dated January 18, 2008; • Environmental Site Assessment, prepared by. MMM Group Limited, dated October 2007; the need for additional information and/or addendums to submitted reports will be determined through the review and circulation of the applicant's current proposal; 6.3 Owner / Applicant Information - the owners of the subject lands are Ontario Realty Corporation; - the applications have been submitted by Bryce Jordan of Sernas Associates on behalf of Ontario Realty Corporation; - the Ontario Realty Corporation representative for these applications is Graham Martin. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ross Pym MCIP, RPP Lynda Taylor, MCIP, RPP Principal Planner - Development Review Manager, Development Review RP:cs Attachments Copy: Director, Planning & Development ATTACHMENT # TO 5 6 REPORT # PD APPENDIX NO. I TO INFORMATION REPORT NO. 01-09 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) Durham District School Board (2) Enbridge Gas Distribution (3) Canada Post (4) Hydro One Networks (5) Durham Catholic District School Board (6) Veridian Connections (7) Bell (8) Conseil scolaire de district du Centre-Sud-Ouest COMMENTING CITY DEPARTMENTS (1) none received to date ATTACHMENT # ~d TO REPORI # Po Excerpts from City Planning & Development 5 7 Committee Meeting Minutes Monday, February 2, 2009 7:30 pm - Council Chambers Chair: Councillor Johnson (1) PART `A' - PLANNING INFORMATION MEETING 1. Draft Plan of Subdivision SP-2008-10 Zoning By-law Amendment Application A 20/08 Ontario Realty Corporation Part. Lot 17 and 18, Concession 3 City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She 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 Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Ross Pym, Principal Planner, Development Review, gave an overview of zoning amendment application A 20/08. Bryce Jordan of Sernas Associates appeared before the Committee in support of zoning amendment application A 20/08. No members of the public in attendance at the public information meeting spoke in support or opposition to zoning amendment application A 20/08. 1 ATTACHMENT # TO REPORT # PD 01--W 58 RECEIVED Sept.15/08 SEP i 6 2008 CITY OF PI CKERING PLANNING & DEVELOPMENT Mr. Ross Pym DEPARTMENT Principal Planner Development Review City of Pickering Dear Sir: We received notification of a public meeting to be held Monday, Sept.29?08 at 7:30 P.M. in the Council Chambers to discuss the Draft Plan of Subdivision SP - 2008 -01, and the Draft Plan of Subdivision SP - 2008.- 08, submitted by Mattamy ( Brock Road) Limited and Lebovic Enterprises Limited respectively.. Unfortunately due. to prior commitments, we will not be able to attend the meeting that evening. However we fully endorse developments & upgrades to this long neglected area which we call the gateway to the City of Pickering. Since we own Kahn Auctions Ltd., 2699 Brock Road North and we are located between these 2 proposed subdivisions we have some concerns regarding our water supply. As you may know or not know, our auction barn is totally serviced by our well & septic systems, which has served us well for many years without fail. Therefore our main. concern is the impact it will have on our water levels to service. our auction barn once construction & grading begins for,these subdivisions. In closing we would like to know what assurances will be in place so as our water supply to our auction barn will` not be impaired Yours truly, '7*7 c/o Kahn Auctions Ltd. 1130 Regional Road #21, Port Perry, Ont., L9L 1115 905- 985-8161 hkahn@sympatico.ca i I ATTACHMENT # 12- TO REPORT # PD 59 December 9, 2009 Ross Pym, M.C.I.P., R.P.P. ! Planning & Development Department ' City of Pickering One The Esplanade Pickering, ON L1V 6K7 The Regional Municipality Mr. Pym: of Durham Planning Department Re: Regional Comments for Duffin Heights Plan of Subdivision 605 ROSSLAND ROAD E Applications S-P-2008-08 and S-P-2008-10 (Lebovic and ORC) 4T" FLOOR P.O. BOX 623 WHITBY, ON L1N 6A3 Further to our comments of December 5, 2008, for the Duffin (905) 668-7711 preliminary Fax: (905) 666-6208 Heights plan of subdivision applications, we have received a revised plan E-mail: planning@ which merges the previous plan S-P-2008-08 (formerly Lebovic) with region.aurnam.on.ca adjacent lands to the south and plan of subdivision application S-P-2008- www.region.durham.on.ca 10 (formally ORC). The new plan (Lebovic-Bradshaw), dated June 2009, A.L. Georgieff, MCIP, RPP consists of 28 lots for single detached units, twelve lots for 24 semi- Commissioner of Planning detached units, twenty blocks for 106 townhouse units, two open space blocks, roadways and lanes. Our previous comments on plan of subdivision S-P-2008-08 remain applicable. The following additional comments consider the merged plan of subdivision applications with respect to the Regional Official Plan, delegated review responsibilities, water supply and sanitary sewer services. Regional Official Plan The plan of subdivision applications are within the Duffin Heights Neighbourhood in the City of Pickering on lands primarily designated "Living Area"; lands adjacent to Brock Road are designated "Regional Corridor"; and Brock Road is designated as a Type "A" arterial road and a "Transit Spine" in the Regional Official Plan. "Living Areas" are to be used predominantly for housing purposes. "Regional Corridors" are to be developed as mixed-use areas, which include residential, commercial and service areas with higher densities, supporting higher-order transit services and featuring a high degree of pedestrian oriented design. Development adjacent to Type "A" arterial roads and "Transit Spines" should be high density with buildings oriented toward the street to reduce walking distances to transit facilities. The proposed plan consists of single, semi-detached and townhouse units which would be permitted in "Living Areas". The proposed "Service Excellence for our Communities" ATTACHMENT # L 2 TO 6 O REPORT # PD I`~D townhouse units adjacent to lands designated "Regional Corridor' should be compatible with mixed-use development on Brock Road. Delegated Review Responsibilities The revised plan has been screened in accordance with the terms of the provincial plan review responsibilities. Environmental Protection A Phase I Environmental Site Assessment (ESA) was prepared for the lands in the initial plan S-P-2008-08. The ESA indicates that fill material is present on-site and recommends that a Phase II ESA be undertaken. An ESA is required for the lands in the merged plan (S-P-2008-1 0). A Phase 11 ESA and a Record of Site Condition submitted to the MOE will be required. Archeological As was indicted in our previous comments, the subject lands are within the vicinity of Ganatsekiagon Creek and Urfe Creek in Duffin Heights and have archeological potential.. An archeological report, prepared by D.J. Poulton and Associates, was submitted as part of an ESP and Class EA for Duffin Heights. The report identifies a number of archaeological sites within Duffin Heights, some of which have been determined to be archaeological resources of significance. Among other things, the report recommend's that additional studies to assess and mitigate impacts to archaeological resources be undertaken through development of the subject lands. Given the proximity to Ganatsekiagon Creek and Urfe Creek and the previous archaeological works in the area, detailed archaeological studies are required and should be submitted to MCL for review. Natural Heritage As the subject lands are within the vicinity of creek tributaries and the Toronto and Region Conservation Authority (TRCA) regulation limit, comments from TRCA should be obtained to protect the watercourse and surrounding natural environment from adverse impacts of development. Noise The subject lands are within the vicinity of Brock Road, a Type "A" Arterial Road in the Regional Official Plan, and a CP railway line. A noise and vibration study is required to identify adverse impacts from vehicular and ATTACHMENT # TO REPORT # PQQ/J-n61 rail traffic as well as recommend mitigation measures and/or warning clauses. The study should be submitted to this department and CP Railway for review. Water Supply Service The subject lands are within the planned Zone 2 pressure district and water supply is dependent on the following works: i. Construction of a 1200 mm diameter Zone 1 feedermain on Brock Road, Dersan Street and Tillings Road from Rossland Road to a Zone 1 reservoir site in Seaton.. ii. Construction of a Zone 2 booster pumping station on Dersan Street in Duffin Heights. iii. Construction of Zone 2 watermains from the Zone 2 booster pumping station to the subject lands. Upon completion of the necessary water supply works, the static water pressure will be approximately 414 kPa (60 psi). Provision must be made for looping Zone 2 watermains to provide security of supply and circulation with adjacent developments. A 300 mm watermain will be required on proposed Street A. A 400 mm watermain will be required on Brock Road and Old,Taunton Road or alternatively through the proposed lands. Water supply for Blocks 49 and 50 shall be provided from a watermain installed on easement in the adjacent village green. Sanitary Sewerage Sanitary sewer service is dependent on the extension of the Central Duffin collector trunk sanitary sewer on Valley Farm Road and construction of a sanitary sewer pumping station and forcemain. The east/west segment of proposed Lane D should be a minimum width of 8.5 metres. Only sanitary sewer will be permitted within"this segment of the lane. The north/south segment of proposed Lane D is not of sufficient width to accommodate both the proposed watermain and sanitary sewer. A minimum lane width of 9.0 metres is required for two mains as per Regional easement requirements. ATTACHMENT # TO REPORT # PD Summary Based on the above comments, there are a number of reports and studies required as well as outstanding lane width issues. The Regional Works Department hag been working with the developer to finalize the service locations. A revised plan is expected. Conditions of draft approval will be provided following circulation of a. revised plan and the required reports for review. Please contact me should you have any questions or require additional information regarding this matter. OGDwayne Mam ~ ibell, M.C.I. , R.P.P. Project Planner Current Planning cc: Regional Works Department - Peter Castellan I ATTACHMENT # TO TORONTO AND REGION REPORT # PD O I -lO )Conservation RECEIVED 63 for The Living City DEC 0 7 2009 December, 1, 2009 CITY OF PICKERING CFN 41302 PLANNDEPARTMEN DEVELOPMENT XREF CFN 38029 . BY E-MAIL AND MAIL Ross Pym, MCIP, RPP Principal Planner, Development Review Planning & Development Department City of Pickering One The Esplanade Pickering, ON L1V 6K7 Dear Mr. Pym: Re: Zoning Bylaw Amendment A 16/08 Draft Plan of Subdivision S-P-2008-08 Duffin Heights Community, City of Pickering Lebovic Enterprises Limited (former Bradshaw Property) Thank you for the opportunity to review the following documents submitted in support of the proposed Zoning Bylaw Amendment and Draft Plan of Subdivision applications: • Drawing No. DP-2, Draft Plan of Subdivision, prepared by Sernas Associates, revised June 2009, received July 14, 2009; • FSSR, prepared by Sernas Associates, dated July, 2009, received July 13, 2009. Our comments follow from our various letters related to our review of the Duffin Heights ESP, which is not at this time fully satisfactory to TRCA. Our Understanding of the Application We understand that the proposal has been revised to accommodate 28 lots of single family residential,, 12 lots of semi-detached residential, 40 lots medium density residential, a mixed corridor composed of 106 townhouse units, and an open space block. The,subject, property is located within the Duffin Heights neighbourhood and is subject to Official Plan Amendment 18 (recently approved by the Ontario Municipal Board), the Duffin Heights Neighborhood Urban Design Guidelines and the Duffin Heights ESP to be revised per the on-going discussions with Sernas Associates and the City of Pickering's Engineering staff. A site walk has been scheduled for December 8, 2009 for TRCA to stake the limit of the natural feature. Further to the ESP, a minimum 10 metre buffer is required from the edge of the natural feature. The 10 metre buffer and staked natural feature should form the limits of the open space block and should be exclusive of lots or other development, re-designated to an open space zoning category and gratuitously conveyed to the TRCA. Monitoring The ESP requires that the Duffin Heights Landowner Group provide initial seed funding of $100,000 to the TRCA to implement the watershed system monitoring and management program, and $40,000 to the City of Pickering to implement invasive species management, prior to the draft approval of the first development application. The monitoring program was initiated in 2008. TRCA staff acceptance of the GAHome\Public\Development Services\Durham Region\PickeringUebovic bradshaw duffin heights_Ldoc Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca ATTACHMENT # ~3 To REPORT # PD 41-'10 Ross Porn -Page 2 of 4_- December 1, 2009 U -T approval of proposed Zoning Bylaw Amendment and Conditions of Draft Plan of Subdivision are contingent upon the receipt of this agreed-upon funding for the monitoring program. Preliminary Review of FSSR We will not review the details of the FSSR until such time as the ESP is finalized and a revised FSSR consistent with same is submitted. However, we have identified some concerns with the submitted FSSR, including those related to: 1) partitioning infiltration into interflow and deep recharge; 2) the location of water balance mitigation measures on private lands rather than the recommended public lands; and 3) the on-going debate regarding pre-development modeling. Conditions of Draft Plan of Subdivision Approval While we would prefer that the approvals be delayed until the ESP is finalized, if the City of Pickering is prepared to issue Conditions of Draft Plan of Subdivision approval, then we offer the following conditions and will provide our technical comments on a resubmitted FSSR after the revised ESP is satisfactory to all parties. 1. 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: a. A revised FSSR consistent with the Duffin Heights ESP as approved by TRCA and City of Pickering; b. The FSSR shall 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 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 Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007), as amended; V. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended; vi. plans illustrating how the design of SWM facility considers wildlife passages and innovative design features such as wetland forebays and outlets. C. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating, among others, how all vegetation in the natural heritage system will be protected from grading and construction impacts. GAHome\Public\Development Services\Durham Region\Pickering\lebovic bradshaw duff in heights_l.doc ATTACHMENT # l3 TO REPORT # PD Ross Pym - Page3 of 4 - December 1, 2009 d. An Edge Management Plan to the satisfaction of the City, in consultation with the 65 TRCA. e. A Compensation Report that demonstrates how compensation for areas identified in the Duffin Heights ESP has been addressed to the satisfaction of the City, in consultation with the TRCA. 2. The owner shall obtain all necessary permits required pursuant to Ontario Regulation 166/06, as amended, prior to registration. 3. The owner shall enter into an agreement with the City of Pickering committing to undertake the Monitoring Program as required in the Duffin Heights ESP. 4. The owner shall provide a letter of credit to the City of Pickering for the full cost of the implementation of the plans identified in Condition No. 3. 5. The owner shall engage TRCA to stake the limit of the natural heritage system on site with a licensed Surveyor. The natural heritage system shall include a staked natural feature and a 10 metre buffer and shall be identified on a legal survey. 6. The owner shall install fences along the boundary of the development blocks and the publicly owned natural heritage system. 7. A restrictive covenant shall be placed over the rear yards of all lots created adjacent to the publicly owned natural heritage system. The restrictive covenant shall have the effect of prohibiting: 1) the removal of fences along the lot line of all subject development lots; and 2) the installation of gates or other access through the fences along the lot line of all development lots. 8. 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 No. 1; 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 site erosion and sediment control; d. To maintain all stormwater management and erosion and. sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA; e. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA; f. To erect a permanent fence, to the satisfaction of the City of Pickering and TRCA, along the boundary of the development blocks and the publicly owned natural heritage. system; g. To implement all water balance/infiltration measures identified in the approved FSSR; h. To commit to provide appropriate information to all perspective buyers of lots adjacent to. the publicly owned natural heritage system through all agreements for purchase and sale, sales information, and community maps to ensure that the land owners are well GAHome\Public\Development Services\Durham Region\Pickering\lebovic bradshaw duffin heights_l.doc ATTACHPENT # IS TO REPORT # PD O LZ Ross P m - Page 4 of 4- December 1 2009 0 (D informed that private use and/or access to the open space blocks shall not be permitted, and reflect the intent of the following: "The open space adjacent to the subject property is considered to be part of the publicly owned natural heritage system and will be maintained for environmental protection, and public use purposes. Please note that uses such as private picnics, barbeque or garden areas; and/or the dumping of refuse (e.g. grass/garden clippings, household compostable goods, garbage etc.) are not permitted on these lands. In addition, access to the valley corridor such as private rear yard gates and/or ladders are prohibited." i. To convey the Open Space Block(s) associated with the valley to Toronto and Region Conservation. for the nominal sum of $2 prior to the registration of the Subdivision. 9. The owner shall provide a total of $1,513 per ha [as determined by City of Pickering] contribution to the Fish Habitat Restoration Fund administered by the City for restoring fish habitats as identified in the ESP in consultation with the TRCA. 10. That the Draft Plan of Subdivision be red-line revised in order to meet the requirements of the TRCA's conditions, if necessary. 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 January 4, 2008 is $7,600 and is subject to change. Please feel free to contact me if you have any questions or if clarifications are required. Sincerely, Steven H. Heuchert, MCIP, RPP, MRTPI Manager, Development Planning and Regulation Planning and Development Extension 5311 cc: Reg Webster, Sernas (via e-mail) Andrea Keeping, Sernas (via e-mail) - Lynda Taylor, City of Pickering (via e-mail) Grant.McGregor, City of Pickering (via e-mail) Bob Starr, City of Pickering (via e-mail) Marilee Gadzovski, City of Pickering (via e-mail) Scott Jarvie, TRCA GAHome\Public\Development Services\Durham Region\PickeringUebovic bradshaw duffin heights_Ldoc ATTACHNIFIT #_J TO REPORI # PD Dl-ID Ronald Marion 67 Conseil scolaire de district Pr6sid President du Centre-Sud-Ouest Jean-Luc Bernard Directeur de 1'education et secretaire-tresorier December 9, 2008 Mr. Ross Pym MCIP RPP Principal Planner - Development Review Planning and Development Department City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Subject: City of Pickering Draft Plan of Subdivision S-P-2008-08 Zoning By-law Amendment Application A 16/08- Lebovic Enterprises Limited Part Lot 18, Concession 3 City of Pickering Thank you for circulating a copy of the revised draft plan of subdivision to this office for review. As you may be aware, le Conseil scolaire de district du Centre-Sud-Ouest requires two school sites in this area for the catchment area of Durham Region. Please note that the school board is confirming the need for an elementary school site of 4.0 acres and/or a secondary school site of 7.0 acres and/or a combined elementary/secondary site of approximately 10 acres to be located within Draft Plan of Subdivision S-P-2008-01. The Board intends to continue to work with the City and the developer to ascertain the most appropriate school site. Since an agreement on the location of the school site has not yet been reached, the Board would like to include the following condition in this Plan of Subdivision until such time that the school site has been finalized. "Prior to final approval, le Conseil scolaire de district du Centre-Sud-Quest and the Owner shall come to agreement on a location for a new elementary and/or secondary school to the satisfaction of the Board." I trust the above comments are satisfactory at this time. We wish to confirm our continued interest and involvement in working with the City of Pickering on finding a suitable location for our future elementary and secondary school sites. If you have any questions or comments please contact the undersigned. Yours truly, 110 ~~rx Suzanne Labrecque ` C.C. Jean-Luc Bern rd, Director of Education Catherine Gravely, Sorensen Gravely Lowes Planning Associates Inc. Siege social - 116, Cornelius Parkway, Toronto (Ontario) M6L 2K5 Tei.: 416 614-0844 Secteur des affaires 1, promenade Vanier, Welland (Ontario) L3B 1A1 Tel.: 905 732-4280 www.csdcso.on.ca I ATTACHMENT # 1S TO O~eG D15 rR/CTs REPORT # PD 6 LIL o~ °ya Durham Catholic District School Board Q W ~0 0 November 25, 2009 RECEIVED Nov 2 7 2009 Ross Pym, MCIP, RPP Principal Planner - Development Review CITY OF PICKERING Planning & Development Department ~NNDEPARTMENTPMENT City of Pickering One The Esplanade Pickering, Ontario. L1 V 6K7 RE: REVISED DRAFT PLAN SUBMISSION DRAFT PLAN OF SUBDIVISION SP-2008-08 ZONING BY-LAw AMENDMENT APPLICATION A 16/08 LEBOVIC ENTERPRISES LIMITED PART OF LOT 18, CONCESSION 3 CITY OF PICKERING Upon further review of the above noted Revised Draft Plan of Subdivision, planning staff at the Durham Catholic District School Board are requesting amendments to be made to the plan to increase the abutting Catholic school site's frontage and total acreage. Currently, the proposed Catholic school site is 1.739ha or 4.30ac. This site size falls well below the Board's standard of a minimal 5.Oac. school site. The Durham Catholic District School Board requests revisions to provide for a school site of approximately 6.Oac.to adequately and safely accommodate an elementary school that would benefit the community and all of the children who would attend said school. The Board requests that the current street layout, specifically "STREET B", remain as is, and that the three townhouse blocks, 58, 59 and 60, comprising of 14 lots be removed and that this portion • of land be added to the existing Catholic school site. This amendment to the revised plan of subdivision SP-2008-08 would increase the site's frontage by allowing the west and north sides of the site to have access to the proposed street network. It would also increase the school site's overall total acreage to a size that would provide for an efficient and effective school design and traffic flow. Please notify me if you have any questions or concerns. • Sincerely your , Gerry O'Neill Manager Planning & Admissions Durham Catholic District School Board Tel: (905) 576-6707 1-877-482-0722 ext. 2207 :jd 650 Rossland Road West, Oshawa, Ontario LiJ 7C4 Tel 905 576-6150 Toll :Free 1 877 482-0722 www.dcdsb.ca Paul Pulla B. Sc., a Ed., MSc. Ed. Director of Education / Secretary / Treasurer pickann Ctvlc Complex Q~W c~ ATTACHMENT #~TD Ono The Eeplinede I REPORT # PD Pldtering,onteria Conaaa L1V 81(7 _ I Direct Access 905,430,4660 VICKERING Toll Free 1.BB6.683.2760 69 cityorpirxering.com " PL~►NNING $ DEVELOPMENT DEPARTMENT Department 905,420,4617 Fa 1 &dlle 905A I plar ~ $devl®dty,plcXerIn kerlnp, on.ce V PE D July 10, 2009 JUL 2 9 2009 Subject: Revised Draft Plan Submission Draft Plan of Subdivision SP-2008-OS CITY OF PICKERING Zoning By-law Amendment Application A 16/08 PLANNING & DEVELOPMENT Lebovic Enterprises Limited DEPARTMENT Part Lot 18 Concession 3 City of.Pickering Attached please find copy(ies) of a draft plan of subdivision regarding the subject application. Return o~ your comments/conditions within four (4) weeks of the above date would be appreciated. If you have any questions, please contact Ross Pym at extension 2034,' Second submission of proposed draft Plan of subdivision. Attached is a copy of the second submission of the draft plan of subdivision. 'The revision of the application relates to the addition of land to the south that are subject to application SP-2008-10 and A20/08, The applicant has requested to consolidate the two parcels and the related applications. Please review the revise plan and provide any additional comments or confirm your original comments on the applications if they are not impacted be the revised submission, Ross Pym, MCIP, RPP Prlincipal Planner -Development Review A i achment(s) COMMENTS/CONDITIONS: I We have no objections, I $i ined; 1 JD Date: T~ 3 0 0 CIRCULATION LIST: O Mayor & Councillors rd Veridian Corporation O Chief Administrative Officer 0 Bell.Cariada 17 City Solicitor 0 Rogers Cable 0 City Clerk I Enbridge Gas C3 Fire Chief ❑ TRCA C3 Director, Corporate Services and Treasurer C3 CLOCA 13 Director, Planning and Development 0 Hydro One Networks Inc, ❑ Director, Operations and Emergency Services 0 Ontario Power Generation' ❑ Division Head, Culture and Recreation .0 Ministry of Transportation ❑ Division Head, Municipal Property and Engineering ❑ GO Transit ❑ Supervisor, Development Control 0 CNR ❑ Manager of Transportation 0 CPR ❑ Heritage Pickering O Pickering Post Office - Superintendent ❑ Ratepayer / Community Association 0 Canada Post . 0 Ajax-Pickering Board of Trade 0 Enbridge Pipeline ❑ Social Development council of Ajax-Pickering 0 Trans Northern Pipeline ' ❑ Ministry of Municipal Affairs $ Housing .0 TrarisCanada Pipeline ❑ _ Durharn Region: Planning Dept. 0 Durham District School Board 0 Durham Region: Works Dept, 0 Durhem Catholic District School Board ❑ Durham Region: Health Unit 0 Le Scolaire pubile de district Centre-Sud-Ouest. 0 Durham Region Police: 19th Division 0 Conseil Scolaire de District Catholique Centre-Sud 0 Abutting Municipality -Ajax ❑ GTAA • i ' I ATTACHMENT #-12--TO REPORT # PD_ Q Zo RICT SC y 7 E- ED 00 August 6, 2009 , i ~~G 1 2009 The City of Pickering CITY OF p1CKEFt11~1GENT O Planning Dept., Pickering Civic Centre Pt~NN~DEPART, ENTPM `qud uevWdacaciam `dad-c - One The Esplanade Pickering, ON Ll V 6K7 Facilities Services 400 Taunton Road East Attention: Mr. Ross Pym Whitby, Ontario. L 1 R 2K6 Dear Mr. Pym; Telephone: (905) 666-5500 1-800-265-3968 Fax: (905) 666-6439 nom: Devised Draft Plan of Subdivision SP-2008-08 (Consolidated with SP-2008-10) Zoning By-law Amendment Application A 16/08 Lebovic Enterprises Limited Part of Lot 18 Concession 3 City of Pickering Staff has reviewed the information on the above noted revised application and has the following comments.... 1. Approximately 79 elementary pupils and 31 secondary pupils could be generated by the above noted revised application. 2. It is intended that any pupils generated by the above noted plan be accommodated within existing school facilities. 3. Under the mandate of the Durham District School Board, staff has no objections. Yours truly, Christine Naneekivell Senior Planner I.IPROPLAMDATAIPLNGISUB1SP1008-08 Revision LDOC ATTACHMENT #TO REPORT # PD_ 61-lb ROG ERS_ CABLE WON July 15, 2009 Mr. Ross Pym RECEIVED Planning & Development Department JUL City of Pickering, . Ontario CITY CP pICKE1+3ING DEVEL PANNING D ME OPMENT Dear Mr. Pym: Re: Draft Plan of Subdivision SP-2008-08 Rogers Cable Communications Inc. ("Rogers") has reviewed the application for the above Site Plan and has determined that it intends to provide cable and telecommunications services. Accordingly, we request that municipal approval be granted subject to the following conditions: (1) Prior to Site Plan approval, the Developer/Owner will, at its own cost, grant all necessary easements and maintenance agreements required by those CRTC-licensed telephone companies and broadcasting distribution companies intending to serve the Site Plan (collectively, the "Communications Service Providers"). Immediately following registration of the Site Plan , the Developer/Owner will cause these documents to be registered on title. (2) Prior to Site Plan approval, the Developer/Owne.r will, with consultation with the applicable utilities and Communications Service Providers, . prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the Site Plan, as well as the timing and phasing of installation. In addition, we kindly request to, where possible, receive copies of the following documents: (1) the comments received from any of the Communications Service Providers during circulation; (2) the proposed conditions of draft approval as prepared by municipal planners prior to their consideration by Council or any of its committees; and (3) the planners' report recommending draft approval before it goes to Council or any of its committees. ATTACHMENT #_-~B-TO 72 REPORT # PD--O-/-/Q Page 2 Should you require further information or have any questions, please do not hesitate to contact me at 905-436-4136. Sincerely, Bernie Visser System Planner copy: OPE Manager SEP-17-08 09:15 FROM- T-065 P-002/003 F-158 ATTACHMENT # TO REPORT # PD /ID 73 Greater Toronto Airports Authority Lesser B, Pearson International Airport . , P.O. Box 6031, 3111 Convairbrive Toronto AMF, Ontario, Canada L5P 1B2 GTAA Airport Planning Olga Smid Managcr, Land Use Planning Tcl: (416) 776-7355 Fax: (416) 776-4168 (Transmitted via Facsimile 905-420-7645) September 15, 2008 Mr. Ross Pym Principal Planner - Development Review City of Pickering - Planning & Development Depar meat Pickering Civic Complex One The Esplanade Pickering, Ontario,L1V 6K7 Dear Mr. 111ytn: RE: Draft Plan of Subdivision SP-2008-08 Zoning Sy-law Amendment Application A 16/08 Lebovic Enterprises Limited Part Lot 18, Concession 3 , City of Pickering Thank you for providing the Greater Toronto Airports Authority (GTAA) with a copy of the above-noted applications. We have reviewed the proposal to develop 28 single family dwellings, 24 seini-detached dwellings, and 83 townhouses on the subject property in an area that is designated as. "Regional Node 1" and "Natural Area" in the Pickering Official Plan, and offer the following continents: The GTAA released its Draft Plan for the Pickering Airport La11ds in November 2004. The Draft Plan proposed that the prohibition of sensitive land uses be defined by the 25 NEF contour for the GTAA's proposed runway configuration. This is consistent with Transport Canada's recent revision to its guideline for "Land Use in the Vicinity of Airports" (Publication TP 1247E) to recognize the 25 NEF as the new standard for non-urban airports. The subject property is located outside of the 25 NSF Noise contour for the proposed airport. l SEP-17-08 09:16 FROM- T-065 P. 00.3/003 F-158 ATTACHMENT TO REPORI # PD ©L/D 74 Mr. Ross Pym G T A A September 15, 2008 Page 2 If the airport proceeds, further refinements to the runway config«ration recommended. in the Draft Plan may be necessary as new environmental and operational/engineering information becomes available, either through the environmental assessment process or during design of the facilities. Such refinements could potentially alter the location of the 25 NL-F contour. However, it is our position ihat the location of the property owned by Lebovic Enterpiises Limited and located on Part of Lot 18, Concession 3 in the City of Pickering, would not be iunpacted by potential refinements to the proposed runway layout. The GTAA therefore has no objection to the future proposed development of 135 residential uniCs on the site. If you have any questions, please feel flee to contact Kathryn Tracey-Leitcb, Senior Land Use Planner, at 416-776-4012. YOLLTS very truly, GREATER TORONTO A] RPORTS AUTHORITY Olga Si id Manager, Land tfse Planning 0/1512008 2:30 PM OS/K71.11and Usa&ning ATTACHMIENT # 2-0 _TO REPORT # PD d%~ 75 Pickering Civic Complex CI&I o0 RECEIVED One The Esplanade 1$ Pickering, Ontario Canada L1V 6K7 2 ~9 Direct Access 905.420.4660 U 2 Toll Free 1.866.683.2760 J cityofpickering.com PLANNING & DEVELOPMENT DEPARTMENT CITY OF DICKERING Department 905.420.4617 PLANNING & DEVELOPMENT Facsimile 905.420.7648 DEPARTMENT plan&devi@city. pickehng.on.ca July 10, 2009 Subject: Revised Draft Plan Submission Draft Plan of Subdivision SP-2008-08 Zoning By-law Amendment Application A 16108 Lebovic Enterprises, Limited Part Lot-18 Concession 3 City of Pickering Attached please find copy(ies) Qf a draft plan of subdivision regarding the subject application. Return of your comments/conditions within four (4) weeks of the above date would be appreciated. If you have any questions, please contact Ross Pym at extension 2034. Second submission of proposed draft planof subdivision. Attached is a copy of the second submission of the draft plan of subdivision. The revision of the application relates to the addition of land to the south. that are, subject to application SP-2008-10 and A20/08. The applicant has requested to consolidate the two parcels and the related applications. Please review the revise plan and provide any additional comments or confirm your original comments on the applications if they are not impacted be the revised submission. Ross Pym, MCIP, RPP Principal Planner- Development Review Attachment(s) Date. T 2 ca thrs We have r4rewed the application concerning subdivislonkondominium proposal. Hydro one has NO OBJECTION in principle to the proposed plan as presently laid out. Please be COMMENTS/CONDITIONS: advised that no further coirespondence.is required concerning this ❑ We have no objections. subdivision/condominium. en r eal Estate Coordinator Signed: Date: CIRCULATION LIST; ❑ Mayor & Councillors 0 Veridian Corporation Gi ❑ Chief Administrative Officer 0 Bell Canada Laura r0ura iut~# ❑ City Solicitor .0 Rogers Cable One ❑ City Clerk 0. Enbridge Gas ❑ Fire Chief ❑ TRCA ❑ Director, Corporate Services and Treasurer ❑ CLOCA ❑ Director, Planning and Development El Hydro-One Networks Inc. ❑ Director, Operations and Emergency Services ❑ Ontario Power Generation ❑ Division Head, Culture and Recreation Ministry of Transportation. ❑ Division Head, Municipal Property and Engineering ❑ GO Transit ❑ Supervisor, Development Control 0 CNR ❑ Manager of Transportation, 0 CPR ❑ Heritage Pickering ❑ Pickering Post Office - Superintendent ❑ Ratepayer / Community Association 0 Canada Post ❑ Ajax-Pickering Board of Trade 0 Enbridge Pipeline ❑ Social Development councli of Ajax-Pickering 0 Trans Northern Pipeline ❑ _ Ministry of Municipal Affairs & Housing 0 TransCanada Pipeline ❑ Durham Region: Planning Dept. H Durham District School Board ❑ Durham Region: Works Dept. 0 Durham Catholic District School Board ❑ Durham Region: Health Unit 0 Le Scolaire public de district Centre-Sud-Ouest ❑ Durham Region Police: 19'" Division 0 Conseil Scolaire de District Cathoiique Centre-Sud P1 Ahrrtfinn Munirinality -Aiar 171 f:TAA ATTACHMENT #_____t----TO REPORT # PD -Ll 0 76 C;oENBRIDGE ENBRIDGE GAS DISTRIBUTION INC. 500 Consumers Road North York ON M2J 1P8 AUGUST 21sT, 2009 Mailing Address P.O. Box 650 Scarborough ON M1K 5E3 RCS Fy~ ROSS PYM, MCIP,RPP PRINCIPAL PLANNER - 5 PLANNING DEVELOPMENT REVIEW CITY OF PCKERING CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT PICKERING CIVIC COMPLEX ONE THE ESPLANADE PICKERING ON L1V 6K7 Dear Sirs: RE: REVISED DRAFT PLAN-SUBMISSION DRAFT PLAN OF SUBDIVISION SP-2008-08 ZONING BY-LAW AMENDMENT•APPLICATION A"16/08 LEBOVIC ENTERPRISES LIMITED PART LOT 18 CONCESSION 3 CITY OF PICKERING Enbridge Gas Distribution requests that the following conditions be included in the subdivision agreement: 1. The developer is responsible for preparing a composite utility plan that allows for the safe installation of all utilities, including required separation between utilities. 2. Streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities. 3. The developer shall grade all streets to final elevation prior to the installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information for the installation of the gas lines. 4. It is understood that the natural gas distribution system will be installed within the proposed road allowance. In the event that this is not possible, easements will be provided at no cost to Enbridge Gas Distribution Inc. ATTACHMENT #-L TO REPORT # PD_{' 77 Enbridge also requests that the owner / developer contact our Regional Sales Development department at their earliest convenience to discuss installation and clearance requirements for main, service and metering facilities. Yours truly, Tony Ciccone Manager, Network Analysis Distribution' Planning (416) 758-7966 (416) 758-4374 - FAX TC: ATTACHMENT # 2-2 TO REPORT # PD 7B. C I N T ~I.~ UCA'nON REVIEW ~ Cm 1, L R1 T APP o C a .V n E CI 1 u n s DEV~I.OPASEN CZ) CID I'RU BCI N U: Irl:ocicT~terptecsL_d.-BradrbI'mPropc--~ 3 r I O ADDRE C,~PI.AI~: PatiTrt 1#•, Comession 3 l o MLtvfCLP~1.IT5`: Pir:•:eri2~, :1> 3 t]N 1?.3TE: Jul I C, 2.1D9 I CID REFNO : Sp --om-o3, _i 16ift SUBM]5 sZ =be Ic•]loer 3 i! mn a xvi_^r~ of the g~~eral re~aicesenu She Ap Aicantis Likely to t'n order t ~ obtain s corn_ilehe w. vol eechir-It ponder snoplj s3.~sieni to this _it•. etid evihin ilre tip ir'netc subdsilion ~ SOME E7® is 1;S V. -i m:f . comcoeat:. C•ekra am Lased oe.prekninay i,6,, atjm only and are subleet to c isian. In all ears e~dirn stsodar3 fo_ the p Con~oas of semi-CE, Jacumeat gets cu:tLe mquLetmeaM unmi and av-diticni r.Jriiau o: electric se-~cc This rcriva• 4Rx6 no: co:)stimx as Ore. to Ccanect. F ] h1-cIr_c eentice ii cuittflT a:•ai~ble on the road -Jr:•arce &mcrly arjocent ti iHs •g S=ic-ma w:L be frcnn MwchRoad acd Veiidia,_'s nppls voltage ? if1 k-•e Ft 7711V 1 9n Expar su-u -sill 1=e required_.-Wri-liaui s eASOSg detri~rrt :jn f tlltim mast be wtnded on the mtad . alc-wi4%;~ in. c--d" Lo th16 prt:foct. Vii in:ts:dtntia' cerAopmrnm al s di espamions are undergrnunE. -r7 X 3. Lndisic uvl ruelu nn for cash uril is required. - Z - o srl e aT?t < c ° cu:re d 4_ 4 lhtg- . ehace cimct'ourierl cnd sncrxe rc2sed docicd k•op uadccgo -x d c o im'' From rbE dear nratej suppl^ point{>) ui Tlrortf 11,aad to transform m to cshons dun thePnt ie_ au at the :ippli-fla cost. j. t1 di_ectionxl bared and;or open co( UGderpetrnd road mixci_ & may be.requic . 11-.C Agpiicmt -ci:l be rcgtrirej to camp'eie d:• s work and corer 0 costa assoelted nib ibis req itremtmt. 6. -%TeA lat'3 a.-dsling di<,to-N tim f alti!!s located mBmckRoaJ atd./m Old 173uawn Ro36 m;y3;a-kc to he reloaxd at t]:cApplicanE_ cult n accomadh.ie the proptried amf ci development 7 The AgplicEn.ir.aKm-;edi:.cctip*a•ionTo':•eric.btaforE•leciricsl--cnjtirgasBoor ;l8possible. A tiritwn,faaed atcmad riustwill ncrw-k c i< Jr.bcginthz toranEcessar, toioent4SPE•=ific icgaicamr-rnif and j=u.ngcmcnts a'ul iela W=Lk fc•1 tai> pr--4and to make sm (7) rfrj to Corsxe The applicant i rmuucmet that tande.n coal-acts. crwack theylydv it atep--jortc• ahc3inine m Ofia io Conr_ect fr..>r VETidia-, t235 cnezte conFscts.•.viih tie. mu--t o= mj deoils of the tkctti=l sen-Ling sot oct in the t=rlG-,tr Connect Ew-.wIsic.!iVeEdi-,A can Learn* R. o, 5erm = , gxzrnmt must be eipned-mitt V21idi3•1 ~n ocdEr to Obtain ser.•:cing for this Site- CD ' N f ATTACHMENT # ~2- TO REPORT # PQ -17 79 9. -~1hc clmtricx i^ctaU fionj:) f: r>m tic Fubbc sad alLmmm c° W t : tx S=6r ectc ntr s„d -A m5 _c=iag Ica , neua must com?17 -t'itb V-:!tAian s icquL---= Lts and spii r1cancna sad LWT alSC be sus je•_t 11D c- r the req:.sie umfs Jf 'he Elccttkal SaLt. An-h ri i • N 1-1 •11C-APPGc:n-vUbe r°quitcd to grans to j7eti•313n a r=eurdoccttpetinr. ex=emu zcotend U-1 title, fV ffl= Mt-cigCW. - o 0 i. 3 U. lioe to oLit+i•ti_sS a L0log permt, the M n kip- ..v ser=cq ire for Ay Icatit to pr: w'r.Lr e7iderce of CO hasicg obt~ini and site' ed sa Offs to Ceanect. O 1i. WE= cran5s ur,n•strc=al haadLug cguipmtnt r►r :vot-mers mC-~t wotlt is pn:xicuit j ? o eapkg ovezhea_l O -RiWE, where there L risk of coctoci cz DC-M=g wiGii-5 il,e limits oFagFrosen, tl.e aPl-licsvt zba1L pa; :l op _CEts fi7 the tcmpc~-sy=clccaticn, or-at nr obec~.xctica oFilre wires, o_vLatt= otber actimis w dtcmedcessa* b; ti eridiaa to ]p=aside fir sa5ety and the seravY n_ the electual ssstcm. o 15. Lmdtcap'uiv& ip~6ficallt trees, shmbs, o]t= thculd b_ ilct,7jzd%rc7ucatrJ) xm7, 3iom cridixa`e 13 t="sbc=cz, af)d Ea; cltgear-c• avoidiatcrfere-nur u~thstl'rimEn. acce>s ! e CD '-r 14. V : adiaa :AT r-nt attend scmdilcd C ly cf Pkl-c_ uy D--- RT Nlzcfmv fur hit DcvzloF.me3t 15 Vmciditn has no o. g'rtion 0 Ex psoxosed de~ elnl»n-. Please dirc=t fhe Ap_Ic2at *.o comuR Vnidiaa a's,oca at sEmorg is can mplatcA p ilmlicp aliiy, ples; Forwards cap-tsFfir;t n 6vission dvA desihn to l7ezi~- Please note tho m Offer to C:osmcct must lie catnplemd at least six (6) mmth; pricy it ac nru:red ckuda-l se_-viang date: o. C•ihe_: Pr»oe fez tie t!;,Wina =--tomm and pya-srng ncerhmiE La. oc Old Taimtu•s Road Taus- be i S119reEEEd as pits of this decelolx: Wit. . TecbricHllteptes_atati7e: ---edRrti-A-.iGer Teleplacn=: jr 3i5~ x FP/tr_e - 2 O t+'i•~fiiscr~' ~ecrlrav nt_IFpIic:SionPxztir'.P_cl e~ng~.'-DD7'~Leh~it • bn2LLhLv?npcstj -Pi-tLxlF, C:nac_,si iu a.cuc j i i f p 4 w ATTACHMENT # 2-3 TO REPORT # PR 6/ /0 80 Be/ff OCT 1 ® 2008. CITY OF DICKERING Development & Municipal Services Control Centre PLANNING & DEVELOPMENT Floor 5, 100 Borough Drive DEPARTMENT Scarborough, Ontario M1P 4W2 Tel: 416-296-6291 Toll-Free: 1-800-748-6284 Fax: 416-296-0520 October 8, 2008 Town of Pickering Planning Department 1 The:Esplande Pickering, Ontario L1V 6K7 Attention: Ross Pym Dear Sir/Madam: RE: Draft Plan of Subdivision Old Taunton Rd. Your File No: SP-2008-08, A 16/08 Bell File No: 43386 Further to our comments of August 22, 2008 Bell Canada is pleased to provide the following additional comments. A detailed review of the Draft Plan of Subdivision has been completed. The following paragraph(s) are to be included as Conditions of Draft Plan of . Subdivision Approval: 1. The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development-In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 2. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing AIL Bell Canada facilities or easements, the owner/developer shall be vancouverzoio responsible for the relocation of such facilities or easements. ~C7Cy' PREMIER NATIONAL PARTNER ATTACHMENT # . 1 TO REPORT # PQ___C_/~/D If there ate any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for re-arrangements or relocations.- Should you have any questions please contact Janice M. McConkey at 416-296-6430. Yours truly John La Chapelle, MCIP, RPP Manager - Development & Municipal Services, Ontario i o2~ TO «w"Enbridge Pipelines Inc, ATTACHMENT# 801 Upper Canada Drive REPORT # PD__ P.O. Box 128 Sarnia,' Ontario ~T -•RPn- N7T 7H8 (Courier N7w 1A3) R E C E I V E D 82 FAX: 905-420-7648 AUG 1 8 2008 CITY OF. PICKERING August 18, 2008 PLANNING & DEVELOPMENT !rile No. 73.11 Pickering/Durham DEPARTMENT City of Pickering Planning & Development Dept. Pickering civic Complex One The Esplanade Pickering, ON L1 V 6K7 Attention: Mr. Ross Pym Re: Draft Plan of Subdivision SP-2008-08 Part Lot 18, Coin.3, City of Pickering, Region of. Durham Dear Mr. Pym, Enbridge Pipelines Inc. (Enbridge) operates one 762mm diameter pipeline contained in an 18.3m wide right-of-way/easement north, of the railway right-of=way. Enbridge does not have any comments or concerns with regards to the proposed development. Please call if you have any questions. Yours truly; Ann Newman CET Crossings Co-ordinator, Eastern Region Direct Line: 519-339-0503 Office: 519-339-0500 e-mail; ann,newman@enbridge,com Website: www.enbridge,corn Fax: 519-339.0510 Caq v~ ATTACHMENT #~-TQ REPORI # PQ n------- 83 PICKERING MEMO To: Ross Pym November 24, 2009 Principal Planner - Development Review From: Robert'Starr Manager, Development Control Copy: N/A Subject: Revised Draft Plan Draft Plan of Subdivision SP-2008-08 Zoning By-law Amendment Application A16/08 Lebovic Enterprises Limited Part Lot 18, Concession 3 City of Pickering We have reviewed the above noted application and provide the following comments: 1) The noise attenuation. report will be required. 2) Pending a review of the noise attenuation report chain link fencing, as a minimum, will be required as follows: a) Rear of lots 1 to 17 b) South flankage of lot 17 c) East flankage of -block 60 d) Rear of blocks 58.to 60 e) Rear of blocks 46 to 48, pending review of building orientation 3) Building orientation between Block 47 and Block 48 needs to be reviewed. Additional detail must be provided to address encroachment conflicts between Block 48/49. 4) Lane "D" is indicated as a 6.5 m wide lane,. this does not meet the City's minimum standard for a public laneway. This will need to be a private laneway maintained by the residents having access. 5). Street "B" a) Fronting Block 60 - this road pattern is conditional on the applicant providing a detail of the bend in the road. It is greater than 90° and a wider R.O.W and pavement may be required. ATTACHMENT # 25 TO REPORT # PD Q1_10 b) R.O.W may need to be expanded to 16.Om fronting lots 1 to 17 to accommodate the 84 proposed trail system. 6) Street "A" (William Jackson Drive) a) Construction of Street "A" between Old Taunton Road and the north limit of draft plan SP-2008-01 (Mattamy) must be constructed in full and to the satisfaction of the City as a condition of this draft plan. Cost sharing for oversizing will be addressed in the Subdivision Agreement. b) Maintaining access to the Golf Course must be addressed during the construction of Street "A". c) Should Street "A" within draft plan SP-2008-01 not be completed to an acceptable standard or the subdivision- plan not registered, the applicant must provide for an acceptable alternative emergency access to Brock Rd. 7) Old Taunton Road (William Jackson Drive) a) Old Taunton Road-west of Street °A" The following must be addressed with the development of this draft plan: i. future access to existing undeveloped properties on the northside ii. interim use of road and villiage green iii. closing and removal of the connection to Brock Rd. This should be coordinated with the Region of Durham. 8) Old Taunton Road (William Jackson Drive) East of Street "A° a) Servicing restoration and/or reconstruction/urbanization of the portion of this road adjacent to this development must be addressed as a condition of this development. Cost sharing/recovery would be addressed in the Subdivision Agreement. 9) Street "C" - Draft plan should be redesigned to incorporate the Petro-Canada property. Block 55 or a part of it may need to be identified as a future development block until this matter is addressed. 10) Sidewalks Street "A" - Sidewalk - East Side - Multi-use West Side Street "B" Sidewalk - South Side and East Side Street "C - Sidewalk - South Side, West Side, North Side Old Taunton Road (William Jackson Drive) - Pending detailed design. 11) Satisfy the City with regard to the establishment, within this development, of a geodetic benchmark that ties into the existing City of Pickering benchmark system. November 24, 2009 Page 2 Draft Plan of Subdivision SP2008-08 Zoning By-law Amendment Application A16/08 Lebovic Enterprises Limited ATTAGHMENT # 25 TO REPORT # PQ Number and placement to be established during detailed design. 85 12) Storm sewer and stormwater management to be completed in accordance with " approved ESP, functional servicing and stormwater report and detailed engineering plans. 13) Satisfy City with regard to their contribution to the City's Stormwater Management Maintenance Fee 14) Traffic management plan will be required to identify all traffic signage, including street name sign, traffic control signs and applicable warning and information signs/markings. This plan must take into consideration proposed development beyond the limits of this site. 15) A utility coordination plan will be required for this development and must address all utilities, boulevard tree planting, driveway aprons, Canada Post, etc. 16) A construction management plan will be required to address such items as, but not limited to erosion and sediment controls during all phases of construction including inspection and maintenance requirements, controlled access locations, vehicular parking of site workers and trades during all phases of construction , material stockpiles, construction compound, street cleaning, etc. 17) As a condition of Draft approval applicant must enter into a Subdivision Agreement with the City that must address such matters as, but not limited to, cost sharing, completion time limits, maintenance and monitoring, easements, roads, servicing, stormwater management, easements, fencing, lot grading/sodding, boulevard tree planting/landscaping; driveway aprons, traffic management, utilities, securities and insurance. RS:jlm J:tDocumentslDevelopmeul ContmKBOBSTARRMemostepplications\drafl p1anVtosstSP2008-08.doc _ November 24, 2009 Page 3 Draft Plan of Subdivision SP2008-08 Zoning By-law Amendment Application A16/08 Lebovic Enterprises Limited IL I City o~ Report to Planning & Development PICKERING Committee Report Number: PD 02-10 86 Date: January 4, 2010 From: Neil Carroll Director, Planning & Development Subject: Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Lebovic Enterprises Limited Part Lot 20, Concession 3 City of Pickering Recommendation: 1. That Draft Plan of Subdivision SP-2008-09 submitted by Lebovic Enterprises Limited, to permit a residential plan of subdivision on lands being on Part of Lot 20 Concession 3 be, as shown on the Staff Recommended Plan, Attachment #4 to Report PD 02-10, be endorsed; 2. That the proposed conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2008-09 as set out in Appendix I to Report PD 02-10 be endorsed; 3. That Zoning By-law Amendment Application A 17/08 submitted by Lebovic Enterprises Limited, to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2008-09, as outlined in Appendix II to Report PD 02-10 be endorsed; and 4. .Further, that the City Solicitor be authorized to attend the Ontario Municipal Board Pre-Hearing on January 22, 2010, and any subsequent hearing to support Draft Plan of Subdivision SP-2008-09 and Zoning By-law Amendment Application A 17/08 as endorsed by Council. Executive Summary: The applicant's submitted revised plan proposes to develop a draft plan of subdivision consisting of 132 detached dwellings, 60 semi-detached dwellings and 134 townhouse dwelling units for a total of 326 dwelling units. The plan proposes a Village Green and new municipal roads and laneways to service the proposed dwellings (see Location Map and Applicant's Submitted Revised Plan, Attachments #1 & #3). The applications were appealed by Lebovic Enterprises Limited (Lebovic) to the Ontario Municipal Board (OMB) as the municipality failed to make a decision respecting the applications within the time frame established in the Planning Act. Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 Zoning Amendment Application A 17/08 Page 2 87 The application proposes a mix of grade related residential dwelling units. The draft plan design incorporates a Village Green that will have townhouse dwelling units fronting onto it. The subject applications were originally submitted by Ontario Realty Corporation (ORC). Since the public meeting ORC has conveyed.the land and the applications to Lebovic who have made modifications to the draft plan and submitted a revised draft plan of subdivision. The modifications introduced a greater variety of dwelling types, to increase the density of the draft plan and to address certain design matters that are included in the recently approved Official Plan amendment for Duffin Heights (Official Plan Amendment 18). Staff are recommending additional changes to the revised draft plan in order to better address the relationship of the proposed lots in proximity to the open space lands west of the draft-plan (see Staff Recommended Plan, Attachment #4). The recommended draft plan more appropriately addresses urban design matters for the western sector of the draft plan and reflects a lotting pattern that provides greater exposure of the open space lands to the neighbourhood. It is recommended that the applications be endorsed by Council, and that the City Solicitor be authorized to attend the OMB Pre-Hearing on January 22, 2010, and any subsequent hearing to support Draft Plan of Subdivision SP-2008-09 and Zoning By-law Amendment Application A 17/08 as endorsed by Council. The City's requirements respecting development of the subject property will be addressed through conditions of Draft Plan of Subdivision Approval and site-specific zoning provisions, to be presented to the OMB. Financial Implications: The City will be responsible for certain capital costs related to the development of the Village Green, and the ongoing maintenance of both this facility and the multi-purpose trails within the draft plan (located on Street "C" and Street "D"). Additional City resources (i.e. snow clearing equipment) are anticipated to be required to service the laneways. Some funding for the upgrade of roads to collector road status will be provided through Development charges. Sustainability Implications: The applicant submitted a Sustainability Report that is based on the City's Draft Sustainability Guidelines. Staff have reviewed the report and rated the draft plan as achieving a Level 1 score. The proposed draft plan incorporates many of the elements set out in the Guidelines. The applicant has been encouraged to pursue additional sustainable measures set out in the Guidelines in order to achieve a higher rating for the development. Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 c9 8 Zoning Amendment Application A 17/08 Page 3 1.0 Background: 1.1 Introduction Lebovic submitted revised applications for a draft plan of subdivision and an amendment to the zoning by-law in order to implement a draft plan of subdivision on the subject lands (see Location Map, Attachment #1). The draft plan of subdivision proposed the creation of 132 lots for detached dwellings, 30 lots for 60 semi-detached dwellings and 22 blocks for 132 townhouse dwelling units. The townhouses product consist of both street townhouse and lane townhouses (see Applicant's Submitted Revised Plan, Attachment #3). The original applications were presented at a Statutory Public Information Meeting held on September 29, 2008 (see Applicant's Submitted Original Plan, Attachment #2). Lebovic has acquired the subject lands from ORC and thereby inherited the draft plan of subdivision and zoning amendment application. The revised draft plan submitted by Lebovic modified some of the lotting and road pattern and increased the density of the draft plan. A portion of the original ORC plan was not acquired by Lebovic and is no longer part of the subdivision and rezoning. This land included the municipal 'Township Road' allowance that intersects with Tillings Road and the strip of land that is situated immediately west of Tillings Road next to the Cougs draft plan of subdivision. On September 30, 2009, the owner's solicitor submitted appeals to the OMB for the draft plan of subdivision and the zoning by-law amendment applications (see Attachment #5). The appeals are based on the City's failure to make a decision on the applications in accordance with the time frames of the Planning Act. The OMB has set a Pre-Hearing Conference on January 22, 2010 to consider these appeals. The OMB has reserved dates for a three day hearing commencing on February 24, 2010, if required. These appeals will be considered by the OMB with the appeals related to Lebovic Enterprises Limited draft plan of subdivision and rezoning east of Brock Road (SP-2008-08 and A 16/08) and the appeals related to Cougs (Tillings) Limited located directly south of the subject lands (SP-2005-04 and A 36/05). Staff comments and recommendations in this report pertain to the revised draft plan of subdivision that proposes the development of detached dwellings, semi-detached dwellings, townhouse dwelling units, a Village Green and an open space block. The following chart outlines the proposed development detail of the original plan compared to the revised draft plan of subdivision: I Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 E9 9 Zoning Amendment Application A 17/08 Page 4 Details of the Applications Original Plan Revised Plan (see Attachments #2 & #3) Total area of draft plan - 11.47 ha 10.92 ha Area for residential lots - 7.14 ha 8.10 ha Area of Open Space block - 0.07 ha 0.08 ha Village Green - 0.33 ha 0.30 ha Municipal road and lanes - 3.06 ha 2.35 ha . Detached dwelling - 68 91 - 9.0 metres lot frontage Detached dwelling - 46 41 - 11.0 metres lot frontage Detached dwelling - 24 NA - 13.0 metres lot frontage Semi-Detached Dwellings - NA 60 Street townhouse units - 36 72 - 6.0 metres lot frontage Rear lane townhouses - 72 62 - 6.0 metres lot frontage Total dwelling units - 246 326 Future Development blocks - 0.83 ha NA Net residential density - 34.4 40.2 (units per hectare) 2.0 Comments Received: 2.1 At the September 29, 2008 Information Meetings Three area residents spoke at the September 29, 2008 Information Meeting for the original applications to seek information and expressed concerns respecting the impact on private services, impacts on the wildlife corridor, and timing of the development (see Text of the Information Report, Attachment #6 and Meeting Minutes, Attachment #7). 2.2 Agency Comments 2.2.1 Region of Durham The Region of Durham has provided the following comments: • the proposal is permitted by the policies of the Durham Region Official Plan; • the subject lands are within the Growth Plan and would conform to the Growth Plan. Future intensification in strategic locations that facilitate transit- supportive land use is encouraged and should be considered; • the applications have been screened in accordance with Provincial Interests and Delegated Review and there is no concern with the applications as certain requirements can be addressed through conditions of approval; Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 Zoning Amendment Application A 17/08 Page 5 r Aicipal water supply and sanitary sewer service can be provided by the extension of services which are required as conditions of approval; and, • the Region has no objection to the applications and has provided conditions of approval (see Attachment #8). 2.2.2 Toronto and Region Conservation The Toronto and Region Conservation Authority (TRCA) has advised that the subject land is located in the Duffi,n Heights Neighbourhood and is therefore subject to the Council adopted Official Plan Amendment 18, the Duffin Heights Neighbourhood Development Guidelines and the Duffin Heights ESP. Environmental matters are required to be addressed by these policies. Certain matters, such as a compensation report, can be addressed through conditions of approval. As such, TRCA has no objection to the applications and has provided conditions of approval (see Attachment #9). 2.2.3 Conseil scolaire de district du Centre-Sud-Quest The Conseil scolaire de district du Centre-Sud-Quest has advised that a school site is required in the catchment area of Durham Region. The School Board has requested a condition of approval be included, regarding their need for a site on the subject land, until a school site has been finalized at another location (see Attachment #10). The comment and conditions that have been provided by Conseil scolaire de district du Centre-Sud-Quest are the same comments that have been received -.for other recent draft plans of subdivisions in Pickering. It is staffs understanding the School Board is currently investigating a possible school site elsewhere in Pickering, however no formal agreements have been entered into. The School Board's request for a school site in this draft plan is not being accommodated. The Duffin Heights Neighbourhood identifies two school sites and the Board could investigate these sites as a possible school location. 2.2.4 Other Agencies The following agencies or departments advised they have no objection to the applications and certain technical issues and requirements related to the proposed use of the lands can be addressed during the detailed subdivision approval/implementation process, should these applications be approved: 1 Canada Post (see Attachment #11); 2 Durham Catholic District School Board (see Attachment #12); 3 Durham District School Board (see Attachment #13); 4 Rogers Cable Communication (see Attachment #14); 5 GTAA. (see Attachment #15); 6 Hydro. One (see Attachment #16); 7 Enbridge Gas Distribution Inc. (see Attachment #17); Report PD 02-10 January 4, 201.0 Subject: Draft Plan of Subdivision SP-2008-09 91 Zoning Amendment Application A 17/08 Page-6 8 Veridian Connections (see Attachment #18); 9 Bell (see Attachment #19); 10 Enbridge Pipeline Inc (see Attachment #20); 11 Ministry of Culture (see Attachment #21); 2.3 City Department Comments 2.3.1 Development Control A subdivision agreement and a construction management plan will be required to address development of the site. The subdivision agreement will address, but not be limited to: road construction, easements, fencing, traffic management, off-site works, and cost sharing. Servicing requirements need to be in accordance with the Environmental Servicing Plan for Duffin Heights and an approved Functional Servicing and Stormwater Report (see Attachment #22). 3.0 Discussion: 3.1 The Applicant has Appealed the Draft Plan of Subdivision and Rezoning Applications to the Ontario Municipal Board Lebovic has appealed both the Zoning By-law Amendment and Draft Plan of Subdivision Applications to the OMB. The applicant's appeals are submitted under Subsection 34 (11) and, Subsection 51 (34) of the Ontario Planning Act due to the municipality failing to make a decision on either application within 120 and 180 days respectively (see Attachment #5). The OMB has scheduled a Pre-Hearing conference on January 22, 2010 and reserved a three day hearing commencing February 24, 2010 to hear these appeals and the appeals related to the Lebovic draft plan/rezoning on the east side of Brock Road as well as the Cougs draft plan/rezoning applications. As the applications have been appealed, the OMB is now the approval authority and could approve a lotting and/or road pattern different from what Council endorses.. It is our expectation that the applicant will introduce professional opinion evidence to support any aspect of the Council recommendation that they are not in agreement with. Therefore, the City should be represented by legal counsel at the OMB hearing in order to protect the City's interests and to advance the recommendation of City Council before the OMB. As the hearings are scheduled as noted above, staff must seek Council's direction regarding staff's role at the hearing at this time as the only Council Meeting prior to the hearing is January 18, 2010. It is recommended that the City Solicitor be authorized to attend all hearings to support the Draft Plan of Subdivision and Zoning By-law Amendment application as endorsed by Council. i Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 oning Amendment Application A 17/08 Page 7 3.2 The Proposed Density is Acceptable The subject property is designated Urban Residential Area - Medium Density Area in the Pickering Official Plan. The Urban Residential Area - Medium Density Area establishes a density range of over 30 dwellings per net hectare and up to and including 80 dwellings per net hectare. Based on the applicants proposed design the density for this development is 40.2 dwelling units per net hectare. 3.3 Lotting and Road Reconfiguration Recommended In order to provide improved neighbourhood exposure to the open space lands associated with the Ganatsekiagon Creek valley it is recommended that the north/south leg of Street "E" be shifted west to abut the open space lands. This was the design of the original draft plan and it provided a better relationship between the subdivision and the residential dwelling units. This form of road design was noted in the Duffin Heights Neighbourhood Guidelines that states where possible, roads should front onto or terminate at key features including the valleylands. It is noted that the staff redesign of this portion of the draft plan will not result in the loss of residential lots, but rather provide additional lots (see Staff Recommended Plan, Attachment #4). This modification is subject to an appropriate and acceptable engineering design to accommodate the shift in the road as the grading may present some challenges. If engineering requirements preclude the recommended modifications, the applicant's lotting will be accepted. Modifications to certain street widths are required in order to accommodate a trail width of 2.0 metres. Street "C" and the western portion of Street "D" should be widened from 15.5 metres to 16.0 metres. Furthermore, a pedestrian walkway next to the valley is required from Street "C" to Street "D" as this is the location of the trail in this area of the neighbourhood as per the Duffin Heights Neighbourhood Guideline and Official Plan (see Attachment #4). Another recommended change to the plan is a northerly shift of the Village Green. This public space should be located at the terminus of the future east-west collector road between Tillings and Brock. This shift will also provide an improved view corridor from the Village Green down Street "C" to the valleylands. Street "A" should also be widened to 17.0 metres to allow for sidewalks on both sides of the street. 3.4 The Natural Heritage Feature Abutting the Site Will be Protected As the subject property was previously owned by ORC the lands that were designated Open Space Systems - Natural Area were severed away prior to the transfer of the lands to Lebovic. Therefore, the surrounding valleylands of the Ganatsekiagon Creek valley system that are designated Open Space Systems - Natural Area will remain in the ownership of a public authority and used as natural area and conservation purposes. This complies with the policies of the City of Pickering Official Plan. i Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 ,9 3 Zoning Amendment. Application A 17/08 Page 8 3.5 Duffin Heights Neighbourhood Development Guidelines The recently approved Duffin Heights Neighbourhood Development Guidelines (NDG) provide design objectives for the neighbourhood, being: • to create accessible pedestrian-oriented residential areas, distinct in character and harmonious with the larger neighbourhood; • to create a streetscape which is attractive, safe and encourages social interaction within the neighbourhood; • to establish a central focus to the neighbourhood which is safe, lively and attractive; • to provide a diversity of uses to support neighbourhood and City functions; • to preserve and maintain the ecological function of the tableland forest and valleylands; • to promote site development and building/construction that is consistent with the City's Sustainable Development Guidelines; and, • to provide a mix of housing types, forms, affordability and tenure, on a variety of lot frontages. The staff recommended plan achieves these design objectives. The introduction of laneway based dwelling units adds to the streetscape component of the neighbourhood, provides on-street parking opportunities and increases variety in housing form. The NDG require that all the residential development in the draft plan be subject to Architectural Design Control.. Architectural Control will promote a high degree of streetscape design'within an overall neighbourhood plan. The objectives include: • creating distinctive and appealing streetscapes through attention to building design and detailing; • ensuring appropriate massing, materials and building siting; • design compatibility; • identifying specific design requirements for specific priority lots having highly visible elevations; and, • encourage pedestrian friendly streetscape. Specifically, the siting, massing, and facade design of townhouse units shall be coordinated on a block-by-block basis. The applicant will be required to provide special attention to the detail design of the townhouses, particularly along Tillings Road including the associated laneway. Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 4 Zoning Amendment Application A 17/08. Page '9 ~i 3.6 Duffin Heights Environmental Servicing Plan (ESP) Requirements Need to be Satisfied On October 20, 2008, City Council endorsed the recommendations of the Final Duffin Heights Environmental Servicing Plan (ESP) prepared by Sernas Associates on behalf of Lebovic, Mattamy Homes, Cougs (Tillings) Investments Limited and the Ontario Realty Corporation.' The completion of the ESP is a necessary prerequisite to the consideration and approval of development applications in Duffin Heights. The ESP provides detailed information on the development limits, servicing requirements and recommendations to protect and enhance the natural heritage system including appropriate ecological buffers and stormwater management. On May 19, 2009 Council adopted Official Plan Amendment 18 that implemented City Council's endorsement of the recommendations of the ESP. On October 29, 2009 the OMB approved Official Plan Amendment 18. The ESP set out certain prerequisites and requirements that must be satisfied prior to development, (including the subject draft plan of subdivision). These include, but are not limited to: • Functional Servicing and Stormwater Report; • Monitoring Report; • Compensation Report; • Fish Habitat Restoration Fund contribution; • Watershed System Monitoring and Management Fund contribution; and, • Adaptive Management Fund contribution. Some of these requirements will form part of the cost sharing agreement between the Duffin Heights Landowners Group. The proposed location of the stormwater management facility to serve these lands is located off-site on lands that are owned by a third party. These lands need to be.secured for stormwater purposes. If this is not possible, alternative locations may need to be explored. The required reports have been or will be initiated by the applicant and will need to be finalized and accepted by the City and/or TRCA as part of the final subdivision approval process. The monetary contributions will be required as conditions of approval for the subdivision. As part of the Council endorsed ESP and the recently approved Official Plan Amendment 18, the major land owners in Duffin Heights (including Lebovic) are required to enter into a cost sharing agreement that will be administrated by a trustee; to ensure all landowners pay their proportional share of the costs to develop the neighbourhood. Therefore, prior to the registration of any draft plan of subdivision, the City will require that the cost sharing agreement has been finalized and that confirmation has been received from the trustee that all of Lebovic's financial contribution has been provided. I Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 . ' 95 Zoning Amendment Application A 17/08 Page -10 3.7 Road Improvements Required by the Draft Plan Approval 3.7.1 Northern Connection Road Between Brock Road and Tillings Road As part of the development of the draft plan certain off-site work will be required by the subdivider to service the draft plan. These works, include lands owned by the City. The Duffin Heights Neighbourhood Plan delineates a future collector road that connects Brock Road with Tillings Road opposite the subject draft plan. This road is needed in terms of servicing connections and to provide a secondary access point to this area of the neighbourhood. The subject draft plan of subdivision and the abutting plan to the south (Cougs ) will generate approximately 460 dwelling units requiring a second access to Brock Road. The road is required for the overall traffic movement of the west side of the Duffin Heights Neighbourhood and to ensure more than one access to Brock Road is available for emergency response situations. The construction of this road is proposed to be located on property owned by the City. The road is to be constructed as part of the Duffin Heights Landowners Cost Sharing Agreement and the City will be appropriately recognized and compensated for the value of the land as a City contribution. Cost sharing is proposed to be addressed in the subdivision agreement. 3.7.2 Tillings Road is Required to be Upgraded to Full Urban Standards With the development of the subject draft plan and the draft plan of subdivision to the south (Cougs), Tillings Road will need to be upgraded to full municipal standards to Dersan. This road upgrade will be to a 22.0 metre urban right-of-way. The upgrade of the entire length of Tillings Road is a condition of approval and the cost sharing will be addressed in the subdivision agreement and the neighbourhood cost sharing agreement. Some funding for this upgrade is also provided through the City's Development Charges Study/By-law. 3.7.3 'Township Road' Allowance Needs to be Upgraded and City Compensated for the Land Value The conveyance of the City's unopen road allowance that abuts this subdivision plan, 'Township Road', will need to be appropriately addressed as a condition of approval for both the subject draft plan as well as the draft plan to the south (Cougs). Appropriate arrangements will be required for the construction and servicing of the road and will be included in the subdivision agreement. This will include the stopping-up and official closing of the road allowance, the conveyance of the road or compensation for the value of the land as a City contribution, and the cost sharing with the abutting land owner for the construction of the road. Following the conveyance of the road allowance, the subdividers will incorporate the land into their draft plans.. I Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 9Zoning Amendment Application A 17/08 Page 11 3.8 Parkland Dedication Requirement to be Coordinated for Entire Neighbourhood For the Duffin Heights Neighbourhood, a Master Parks Agreement is being entered into by the major land owners. This agreement, which the City may be a party to, will set out the parkland requirements for'the entire neighbourhood. The proposed agreement will outline what lands are to be dedicated for parkland. The Master Parks Agreement will set out that the City will not collect cash-in-lieu of parkland from any developer that is party to the agreement, nor will the City be required to pay for any over dedication. A trustee will administer this cost sharing agreement so that the land owners all pay their proportional share for parkland development in the neighbourhood. The Master Parks Agreement will ensure that the City receives the Planning Act five percent parkland dedication or cash-in-lieu for the entire neighbourhood. Therefore, even though the village green parkland is being dedicated through the subject draft plan, the requirement for parkland contribution will be administered through the overall Master Parks Agreement. The establishment of an appropriate Master Parks Agreement, to the satisfaction of the City, will be a condition of draft approval. 3.9 Proposed Subdivision Conditions of Approval The revised draft plan of subdivision, subject to the noted design changes referred to in Section 3.3 of this report, is recommended for approval as per Attachment #4. The draft plan represents appropriate development that conforms to the Official Plan and the Duffin Heights Neighbourhood Development Guidelines. Detail design matters are incorporated in the recommended conditions of approval and will be reviewed during the further processing of the application to ensure compliance with the Duffin Heights ESP, City policies and agency requirements. The cost sharing agreement between the major landowners is required to be executed prior to any final approval for registration is granted by the City. Prior to final approval, the City must also receive confirmation from the trustee that all financial contributions have been addressed. The recommended draft plan of subdivision conditions of approval are outlined in Appendix I to this report. Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 97 Zoning Amendment Application A 17/08 Page 12 3.10 Proposed Zoning The proposed zoning provisions address building location performance standards to ensure an appropriate design for the neighbourhood. The. recommendations also contain vehicle parking zoning standards to ensure that all dwellings (detached, semi-detached and townhouses), have a minimum of two functional parking spaces per unit on the private property and a minimum internal garage size. A standard related to minimum front yard landscaped area is included to ensure a minimum amount of any front yard remains landscaped. This provision will also control the maximum size of a driveway indirectly providing on street parking opportunities. The proposed zoning contains the same performance standards for all of the proposed subdivisions in Duffin Heights to ensure a uniform zoning throughout, the Neighbourhood. The recommended zoning is attached in Appendix II to this report. 4.0 Applicant's Comments: The owner is aware of the recommendations of this Report. Appendices: Appendix I Recommended Conditions of Draft Approval Appendix II Draft Implementing Zoning By-law Requirements and Schedule Attachments: 1. Location Map 2. ORC's Original Submitted Plan 3. Applicant's Revised Plan 4. Staff Recommended Plan 5: Notice of Appeal Letter. 6. Text of Information Report No. 20-08 7. Minutes from September 29, 2008 Statutory Public Information Meeting 8. Agency Comments - Region of Durham Planning Department 9. Agency Comments - TRCA 10. Agency Comments - Conseil scolaire de district du Centre-Sud-Quest 11. Agency Comments - Canada Post 12. Agency Comments - Durham Catholic District School Board 13. Agency Comments - Durham District School Board 14. Agency Comments - Rogers Cable 15. Agency Comments - GTAA Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 Zoning Amendment Application A 17/08 Page 13 << ~ 9 R 16. Agency Comments - Hydro One 17. Agency Comments - Enbridge Gas Distribution Inc. 18. Agency Comments - Veridian Connection 19. Agency Comments - Bell Canada 20. Agency Comments - Enbridge Pipeline Inc. 21. Agency Comments - Ministry of Culture 22. City Comments - Development Control Prepared By: Approved/Endorsed By: Ross Pym, MCIP, Neil Carrot , M - , -PP Principal Planer - Development Review Director, Planning & Development 1 Lyn a aylor, MCI , RPP Manager, Development Review RP:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. Q innDMR., CMM'III Chief Administrat' e Officer Appendix I to Report PD 02-10 99 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Recommended Conditions of Approval for ' ' Draft Plan of Subdivision SP-2008-09 1.0 General Conditions: 1.1 That this recommendation apply to the draft plan prepared by Sernas Associates, revised dated October 2009, on lands being Part of Lot 20, Concession 3, City of Pickering, as modified per comments contained in Report PD 02-10 to permit the development of approximately 132 detached dwellings, 60 semi-detached dwellings, 134 townhouses and a Village Green on the subject lands. 2.0 Prior to the Registration of the Plan: 2.1 That the owners submit a Draft 40M-Plan based on comments contained in Report PD 02-10 to be approved by the City's Planning & Development Department; 2.2 That the implementing by-law for Zoning By-law Amendment Application A 17/08 become final and binding; 2.3 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 following: 2.3.1 Storm Drainage (a) satisfaction of the Director, Planning & Development Department respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) satisfaction of the Director, Planning & Development Department for contributions for stormwater management maintenance fee; (c) satisfaction of the Director, Planning & Development Department for the acquisition of land, design and implementation of stormwater facility and easements for outfalls and access to the outfalls; 2.3.2 Grading Control and Soils (a) satisfaction of the Director, Planning & Development Department respecting submission and approval of a grading and control plan; (b) satisfaction of the Director, Planning & Development Department respecting the submission and approval of a geotechnical soils analysis; (c) satisfaction of the Director, Planning & Development Department respecting the authorization from abutting land owners for all off-site grading; Recommended Conditions of Approval for 101 Draft Plan of Subdivision SP-2008-09 Page 2 2.3.3 Road Allowances (a) satisfaction of the Director, Planning & Development Department respecting construction of roads with curbs, storm sewers, sidewalks and boulevard designs; (b) street names and signage to be provided to the satisfaction of the City of Pickering; (c) that the north, east/west connection road between Tillings Road and Brock Road be constructed to the satisfaction of the City of Pickering and that the City of Pickering be compensated for the land required for this road in terms of the value of the contribution being included in the cost sharing agreement; (d) that Tillings Road be reconstructed across the frontage of the draft plan and from south of the plan of subdivision SP-2005-04 to the southern terminus to the satisfaction of the City of Pickering and cost sharing be addressed in the subdivision agreement; (e) that Township Road be constructed to the satisfaction of the City of Pickering and that the City of Pickering be compensated for the land required for this road in terms of the value of the contribution being included in the cost sharing agreement; 2.3.4 Construction / Installation of City Works & Services (a) satisfaction of the City respecting arrangements for the provision of all services required by the City; (b) satisfaction of the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services; (c) that the cost. of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider; 2.3.5 Dedications / Transfers / Conveyances (a) that the owner convey to the City, at no costs: (i) any easements as required; and, (ii) any reserves as required by the City; (b) that the subdivider convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Page 3 102 (c) that the owner arrange at no costs 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 the draft approval; , 2.3.6 Construction Management Plan (a) that the owner make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) insurance 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; (vii) details of the temporary construction access; 2.3.8 Development Charges (a) satisfaction of the City financially with respect to the Development Charges Act; 2.3.9 Coordinated Development (a) satisfaction of the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required; (b) satisfaction of the City with respect to the disposition of future development blocks and acquisition of abutting severed parcels prior to draft plan registration; (c) satisfaction of the City with respect to providing a second access to Brock Road as proposed by the northern connecting street between Tillings Road and Brock Road and it being open to public traffic; 103 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Page 4 2.3.10 Fencing (a) satisfaction of 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; (b) the owner agrees to submit a Landscape Fencing Plan, with respect to the provision of a noise attenuation fencing, to the satisfaction of the Director, Planning & Development Department; (c) the owner agrees to install a fence next to the valley lands to the satisfaction of the City of Pickering; 2.3.11 Street Tree Planting (a) the submission of a street tree planting plan to the satisfaction of the City; 2.3.12 Architectural Control (a) that the owner, prior to the preparation of the subdivision agreement, shall engage a control architect, to the satisfaction of the Director, Planning & Development Department, who will prepare streetscape/architectural control guidelines to the City's satisfaction, approval all models offered for sale and certify that all building permit plans comply with the City's approved guidelines; (b) that the owner ensure that the engineering plans be coordinated with the streetscape/architectural control guidelines and further that the engineering plans coordinate the driveway, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved; (c) that the owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing; (d) that the subdivider provide a fixed payment satisfactory to the City to provide for the long term maintenance and repairs of items such as enhancements to fences, entrance feature walls, medians that exceed the City's normal standards and which are requested by the subdivider; 2.3.1.3 Noise Attenuation (a) that the owner satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features to the satisfaction of the Region of Durham, and the City of Pickering; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Page 5 104 2.3.14 Engineering Drawings (a) that the owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, utility co-ordination and financially-secure such works; (b) that the engineering plans be coordinated with the architectural design objectives; (c) that the subdivider revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City's satisfaction; 2.3.15 Other Approval Agencies (a) that the subdivider satisfy all the requirements of the Region of Durham; (b) that the subdivider satisfy all the requirements of the Toronto and Region Conservation Authority; (c) that any approvals which are required from the Region of Durham or the Toronto and Region Conservation Authority for the development of this plan be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals; 2.3.16 Environmental Servicing Plan (a) that the subdivider satisfy, to the satisfaction of the City of Pickering, 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; (vi) Adaptive Management Fund contribution; and, (vii) that the subdivider become a party to the cost sharing agreement for Duffin Heights and the Director, Planning & Development Department receives an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the subdivider has made satisfactory arrangements to pay its proportion of the shared development cost; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Page 6 2.3.17 Parkland Dedication 105 (a) that the subdivider convey to the City of Pickering the village green block (Block 185) at no cost and in a physical condition'acceptable to the City for parkland dedications, to the satisfaction of the Director, Planning & Development, in order to satisfy Section 42(1) of the Planning Act; (b) that the subdivider satisfy, to the satisfaction of the City of Pickering, that the Duffin Heights Master Parks Agreement has been entered into and executed that establishes the requirements and process for parkland dedication in accordance with the Planning Act for the Duffin Heights Neighbourhood; 2.3.18 Phasing (a) that if this subdivision is to be developed by more than one registration, the subdivider will be required to submit a plan showing the proposed phasing, all to the satisfaction of the City; 2.3.19 Temporary Access (a) that the subdivider construct a temporary secondary emergency access at no cost to the City for this draft plan. The temporary access must be in a location and be designed to the satisfaction of the City. However, the subdivider acknowledges and agrees that if there is an opportunity in the future to/for the development of lands north of Street "A" in this draft plan, they may eliminate the need for a temporary access to the subject area by utilizing a future road system; 2.3.20 Easements for Off-Site City Facilities (a) that the subdivider satisfy to the satisfaction of the Director, Planning & Development Department any required easement for works, facilities or use rights that are required by the City of Pickering. 2.3.21 Construction Works (a) That the owner, forthwith upon receiving draft plan approval, confirm in a letter to the City and in a provision in the subdivision agreement that it will not commence any construction works (including site servicing, topsoil stripping and grading) on the subject property until the works required for the construction of the Central Duffins Collector sanitary sewer have commenced. L Appendix II to Report PD 02-10 106 I Recommended Zoning By-Law Amendment Application A 17/08 107 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3037 to implement the Pickering Official Plan in Part of Lot 20, Concession 3, City of Pickering (A17/08, SP-2008-09) WHEREAS the Ontario Municipal Board deems it desirable to permit the development of a range of single detached, semi-detached and multiple horizontal residential units, and a village green on the subject lands being Part of Lot 20, Concession 3, in the City of Pickering; AND WHEREAS an amendment to By-law 3037, as. amended, is therefore deemed necessary; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 3 in the City of Pickering, designated "S-SD-SA-3", and "NP" on Schedule I. 3. GENERAL PROVISIONS No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Bay, Bow, Box Window" shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which mayor may not include a foundation, mayor may not include a window seat; and may include a door; By-.law No. Page 2 ~S (2) "Corner Rounding" shall mean a lot line of a corner lot at the intersection of two street lines in the form of an arc, that joins the front lot line to the flankage lot line; (3) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Single or Single Detached or Detached Dwelling " shall mean a dwelling containing one dwelling unit and uses accessory thereto which is freestanding from other main structures; (d) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached above grade by a common wall which extends from the base of the foundation to the roof line and for a horizontal distance of not less than 6 metres; (e) "Dwelling, Single Attached or Single Attached Dwelling" shall mean one of a group of not less than 3 adjacent dwellings attached together horizontally by an above grade common wall; (4) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with an accessory buildings or structures, or a public park or open space area regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (b) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7,5 metres distant from the front lot line; (5) "Neighbourhood Park" shall mean a municipal public park; (6) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise, (7) "Street" shall mean a street as defined in the Highway Traffic Act, as amended from time to time, which may provides vehicular access to a lot. A private road registered in a "plan of condominium is also considered a street for the purpose of this by-law By-law No. Page 3 109 (8) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line, or where there is no rear lot line the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street, (i) "Flankage Side Yard Width" shall. mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which -is a street and the nearest wall of the nearest main building or structure on the lot; Q) "Interior Side Yard" shall mean a side yard other than a flankage side yard. By-law No. Page 4 110 5. PROVISIONS ("S-SD-SA-3" Zone) (1) Uses Permitted ("S-SD-SA-3" Zone) No person shall, within the lands designated "S-SD-SA-3" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) single dwelling; (b) semi-detached dwelling; (c) single attached dwelling, (2) Zone Requirements ("S-SD-SA-3") No person shall, within the lands designated ("S-SD-SA-3") on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the provisions as set out in the following table. For a single dwelling the zoning provisions shall be based on the lot frontage with the exception of corner lots which will be based on the abutting lot size: 9.0 m 12.0 m 13.5 m semi- Street Lane single single single detached single single dwelling dwelling dwelling dwelling attached attached dwellin dwellin (a) Lot 9.0 m 12.0 m 13.5m 7.5m 6.0 m 6.0 m Frontage Minimum (b) Lot Area 225 m 300 m 335 m 180 m 150 m 170 m Minimum (c) Lot Depth 25 m 25 m 25 m 24.5 m 24.0 m 29.0 m Minimum (d) Front Yard 3.0 m 3.0 m 3.0 m 3.0 m 3.0 m 3.0 m Depth Minimum (e) Interior 1.2 m on 1.2 m on 1.2 m on 1.2 m, 1.2 m, 1.2 m, Side yard one side one side one side except except except Width and 0.6 m and 0.6 m. and 0.6 m where where where (Minimum) on the on the on the dwellings dwellings dwellings other side other side other side on on on and and and abutting abutting abutting provided provided provided lots share lots lots there is a there is a there is a a common share a share a minimum minimum minimum wall, no common common 1.2 m 1.2 m 1.2 m - interior wall, no wall, no separation. separation separation side yard interior interior between between between shall be side and side and By-law No. Page 5 dwellings dwellings dwellings required shall be shall be on adjacent on on adjacent required required lots; adjacent adjacent to that adjacent adjacent lots; lots; wall on to that to that either lot; wall on wall on either lot either lot (f) Flanking 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m Side Yard Width Minimum (g) Rear Yard 7.0m 7.0m 7.0m 7.0m 7.0m 12.0m Depth Minimum (h) Building 12.0 m 12.0 m 12.0 m 13.0 m 13.0 m 13.0 m Height Maximum (i) Driveway 55 percent 55 percent 55 percent 50 50 50 Width percent percent percent Maximum (j) Lot 15m 15m 15m 15m 15m 15m Coverage of All Accessory Buildings Maximum The following special provisions shall be applicable to all lands designated ("S-SD-SA-3") (k) Corner Rounding Setback (minimum): despite any front yard depth or flankage side yard width requirement; on a corner lot, the setback to a corner rounding shall be 1.75 metres; (1) Parking Requirement (minimum): two private parking spaces per dwelling unit which can be provided either within an attached garage or with one parking space in an attached garage and one parking space in a driveway immediately in front of the parking garage for that dwelling unit; (m) Garage Requirements (minimum): one private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; By-law No. Page 6 112 (n) Garage Parking Size (minimum): each parking space within a private garage shall have a minimum width of 2.9 metres and a minimum depth of 6.0 metres provided, however, that the width may include one interior step and the depth may include two interior steps; (o) Yard Encroachments: In addition to the provisions of Section 5.7 of By-law 3037, the following shall also apply: (i) a covered or uncovered porch, veranda or balcony and with or without a foundation, may have the following setbacks: A to front lot line: 1.0 metres; B to flankage lot line: 1.0 metres; C to interior side lot line: 0.6 metres; D to rear lot line: 5.0 metres; E to a corner rounding: 1.0 metres; F Eaves above these features may project: a further 0.6 metres into the required front, flankage or rear yard or corner rounding setback; (ii) uncovered steps minimum setback to a streetline: 0.4 metres (iii) uncovered decks of any height are permitted in the rear yard provided minimum setbacks are provided as follows: A to interior side lot line: 0.6 metres; B to flankage lot line: 1.0 metres; C to rear lot line: 3.0 metres; D steps from a deck: may encroach an additional 1.2 metres onto the rear yard (iv) bay, bow or box windows may encroach a maximum into . required yards as follows: A front yard: 0.6 metres; B flankage yard: 0.6 metres; C rear yard: 1.0 metres; D Eaves above these features: may project to a further 0.6 metres into the required front, flankage or rear yard; (p) Lane based Units that abut a Park or Village Green: Despite anything other provision in this By-law where a lot line for lane based single attached dwelling in a "S-SD-SA-3" zone abuts a Neighbourhood Park or Village Green, said lot line shall be deemed the front lot line; (q) Detached Garages for Lane Based Dwelling Units: A detached garage is not considered an accessory building for the purpose of lot coverage; By-law No. Page 7 X13 (r) Detached Garage Requirements: Where the rear lot line abuts a street and vehicular access is provided from that street the.following shall apply: (i) minimum side yard width of 0.0 metres; (ii) minimum flanking side yard width of 2.4 metres; (iii) minimum rear yard depth of 0.6 metres; (iv) a detached garage is not considered a main building for the purpose of the by-law. 6. PROVISIONS ("UR" Zone) (1) Uses Permitted ("UR" Zone) No person shall within the lands designated "UR" on Schedule I attached hereto use any lot or erect alter or use any building or structure for any purpose except for the following: (a) outdoor recreation uses without buildings or structures (b) existing lawful uses, located in existing buildings or structures, provided such use continue in the same manner and for the same purpose for which they were uses on the day this by-law-was passed; (c) temporary sales pavilion; (2) Zone Requirements ("UR" Zone) No person shall within the lands designated "UR" on Schedule I attached hereto, use any lot or erect alter or use any building or structure except in accordance with the following provisions: (a) Building Height (maximum): 13.0 metres; (b) Setback to all lot lines (minimum): 7.0 metres; (c) Parking requirements for temporary sales pavilion (minimum): 10 spaces; 7. PROVISIONS ("OS-HL" Zone) (1) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except the following: (a) resource management, including a stormwater management facility; (b) pedestrian and bicycle trails; L - - - - - By-law No. Page 8 Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected except where buildings or structures are used only for purposes of resource management, including a stormwater management facility; pedestrian and/or bicycle trails. 8. PROVISIONS ("NP" Zone") (1) Uses Permitted ("NP" Zone) No person shall within the lands designated "NP" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) neighbourhood park. 9. MODEL HOMES (1) Notwithstanding any provisions in By-law 3037 to the contrary, a maximum of 6 Model Homes, together with not fewer than two parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached to this By-law prior to the division of those lands by registration of a plan of subdivision; (2) For the purposes of this By-law, "Model Home" shall mean a dwelling unit which is not used for residential purposes, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 10. BY-LAW 3037 By-law 3037 is hereby amended only to the extent necessary to give effect to the provisions of th.is By-law as it appears to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 11. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. GpR 5 3' `m 156.3m , 41.5. STREET 'C' f h N E F m `,56 E STREET 'E' aF 1y ~ 69.4m N STREET 'C' a NP a S-S D-SA-3 69.4m w Q CON 3 NORTH PT LOT 20 W O 40R-25832, PART 4 r STREET 'D' F r X01 STREET A' 3 ?g 331.tm z J _J SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2010 r ATTACHMENT # TO REPORT # PD- 02---lb I Row TAUNTON • gar tREEt SUBJECT PROPERTY MUNICIPAL OPERA77ONS CENTRE STREET OERSnN ` S City of Pickering. Planning & Development Department PROPERTY DESCRIPTION CON 3 PT LOT 20 OWNER LEBOVIC ENTERPRISES LTD. DATE DEC. 4, 2009 DRAWN BY JB FILE No. SP2008-09 & A 017/08 SCALE 1:10000 CHECKED BY RP Al pur<..: eoT. -t Entarpri.es 1- and its suppli.rs. All rights Reserved: Not 'p plan of .I,rv.y. PN-15 c 2005 MPAC and its suppliers. All ri hts Res.rv<d. Not a plon of Survey. ATTACHMENT # TO REPORT # PD DZ-/D INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN ONTARIO REALTY CORPORATION 7 SP-2008-09 & A 017/08 C aOther Lands Owned By Applicant .1 t StreeVt °a o ,CS Q 9 O qj v r e e t, o O (n ° a~~ a S y ocQQ ° a Village Tee Fu tune Con, p v Q (0.336h. - o.a3 Z O Q1 ~ n - ;S-t r e e t PART 1, . P A R 3.5 4 0) J Lon 'K F- ~ y u e 3 S t r e e t "D" a d e 7 i F F ' .,a a a S r e e t a "A Street "AA•-'• a s a r TM H AR o4 R a a (u PART 2, PLAN 40R-4766 trKG Other Lands Owned 3 a, Y Draft Plan S-P-2005-04 ~a oQ -j Exis tin g L- m tr? i Wooded Area O try"E 3 FULL SCALE COP/E5 OF me APPL/CANT'S SUBMITTED PLAN ARE AVAILABLE FOR VIEWING Ar CITY OF PICKER/NC PLANNING R DEYELOPMENr DEPARTMENT. THIS MAP WAS PRODUCED BY rH£ CITY OF PICKERING PLANNING & DEV£LOPMrNr DEPARrM£Nr, INFORAIADON a' SUPPORT SERVICES, AUGUST 25, 2008. ATTACHMENT # TO REPORT # PD 02-/D INFORMATION COMPILED FROM APPLICANTS REVISED SUBMITTED PLAN LEBOVIC ENTERPRISES LTD. SP-2008-09 & A 017/08 TAU. 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F 6 J • • ; 9a n1 • ' i I 1J+ tl +1 11 1 ) 1 6 , a + ♦ e , ~ ~ • 110• r 1]7 . • u •a u a ~ 9a 1094 1 S t r e e t , fir, a d e ♦ 99 IOa♦ u u u all' d 105 • Ia 1 9 1 6 u ROAD s a69„ iT~149VSHlb? ROAT4y a cy ME COQPp9AR0. 1Qe CIO - PART TS • g G -•`.~~r~. Pu~1. °i t~o69t.> _ ' ° BL 1 el QP 'Cllr -j- PAR PLAN 40R-4765 - qz •W-1)pl PAR PLAN 40R-4766 p`e . C 0 . C E S isr sl[o weucw ] Draft Plan S- P-2005-04 - ur z vu• •o•-•)ee g 99 c 4. Exist. N FULL SCALE COPIES OF ME APPL/G7NT5 SUBMITTED PLAN ARE AVAILABLE FOR VIEWING Ar THE CITY OF PICKERING PLANNING B DEVELOPMENT DEPARTMENT. THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING a DEVELOPMENT DEPARTMENT, INFORMATION A• SUPPORT SERVICES AUGUST 75. T00B. 1 ATTACHMENT # TO REPORT # PD 02-16 STAFF RECOMMENDED PLAN FOR LEBOVIC ENTERPRISES LTD SP-2008-09 & A 017/08 19 1 P~ yr vildin Setback ~ & PPao 0. 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I2B0 12)5 ) iM • 9. 9.)S 9 S 9.)S 9.)S 9.75 9.)! 9.)5 •)S 9.)5 9.)! 9.)5 B7S 9.)5 1150 - 'Y FULL SCALE COP/ES OF rHE APPLICANTS SUBMITTED PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, THIS MAP WAS PRODUCED BY THE CITY or PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERWCES• - AUGUST 25, 2008. a, ENT ___~_OUICISL ATTACHMENT #___2___TO i l' OUIC t~.I~p ~rns,e.s& oiirtcrs ATTACHMENT REPW # PQ years 120 September 30, 2009 Michael J. McQuaid, O.C. T: 416-947-5020 . mcquaid@weirfoulds.com VIA FACSIMILE & OVERNIGHT COURIER File 00056.00038 Debi Wilcox City'Clerk City of Pickering One The Esplanade Pickering, ON L1V 6K7 20 Dear Ms. Wilcox: Re: Noticelof Appeal - Lebovic Enterprises Limited Zoning By-law Amendment Application A 17108 draft Plan of Subdivision Application SP-2008-09 We. act on behalf of Lebovic Enterprises Limited (Lebovic".) with respect to its lands.located on Part of Lot 18, Concession 3 in the City of Pickering, commonly referred to as the "Lebovic West Lands". These lands are part of the Duffin Heights Neighbourhood. On 28, 2008 Ontario Realty Corporation submitted Zoning By-law Amendment and Draft Plan of Subdivision applications for the above noted lands. These lands were then acquired by Lebovic, and revised applications were submitted on August 12, 2009.7o-date, the Council of the City of Pickering has failed to make a decision on these applications. On behalf of our client, we hereby appeal Council's failure to make a decision on these two applications to the Ontario Municipal Board, pursuant to subsection 34(11) and 51(34) of the Planning Act, R.S.O. 1990, c.P.13, as amended. The proposed development is located within the, area subject to Official Plan Amendment 18 ("OPA 18"), which was recently adopted by the City of Pickering. OPA 18 has been appealed to the Ontario. Municipal Board by another party, and. we would request that this appeal be consolidated with that appeal, if necessary. We are also aware that Mattamy (Brock Road) Limited has appealed Council's refusal of Zoning By-law Amendment and Draft Plan of Subdivision applications for their lands which are also located within the Duffin Heights Neighbourhood. Accordingly, we would ask that our clients appeal, also be consolidated with the Mattamy (Brock Road) appeal. . cina T:416-365-1110 F:416-365-1876 The Exchange Tower; Suite 1600 P.O. Box 480, 130 King Street West Toronto, Ontario, Canada M5X 1J5 www.weirfoulds.com I ATTACHMENT TO WeirFouldsl,LP 5arristei s & Solicitors REPORT # PD_ 00 t Y-Irs 121 The reasons for this appeal are as follows: Lebovic, "Mattamy and the other land owners in the Duffin Heights area have been in discussions with the Region of Durham. The purpose of these discussions is to reach a front- ending servicing agreement whereby the developers would advance funds to the Region, to allow for the construction of required services for the area. Prudent practice would suggest that a developer should have its plan draft approved when a commitment of major'funds for such a front-end agreement are advanced. Accordingly, Lebovic would like to see its plans. proceed to draft approval in the same time frame as the Mattamy plans. In addition, we believe the City has raised certain planning issues regarding the Mattamy appeal respecting sustainable urban development guidelines which may bear on the Lebovic plans and the matters should be consolidated so that these issues are dealt with in the most efficient manner. We look forward to receiving notice that this appeal and the supporting material has been sent to the Ontario Municipal Board for further processing Yours truly, Weir. oulds,LLP Michael J. N Uuald; Q. C. MJM/UY Encl. c: Chris Barnett Ira Kagan i 2 ATTACHMENT ~ TO REPORT # PD 02::ZO 122 cis o~ PICKERING INFORMATION REPORT NO. 20-08 FOR PUBLIC INFORMATION MEETING OF September 29, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Ontario Realty Corporation Part Lot 20, Concession 3 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are located on the west side of Tillings Road, south of the CP Rail line; - a property location map is provided for reference (see Attachment #1); - the property is currently occupied with two detached dwellings surrounded by vacant land; - portions of the subject property are sparsely vegetated while other portions are tree covered and vegetated; - the site's topography is relatively flat with a gentle slope to the west; - a thin strip of land that fronts onto Tillings Road and abuts the subdivision proposal to the south by Cougs (Tillings) Ltd. is part of these applications; - surrounding land uses are: north - vacant land owned by Ontario Realty Corporation and the CP Rail line; south - vacant land that is proposed to be developed by plan of subdivision SP-2005-04; east - on the opposite side of Tillings Road is a wood lot; west - valley lands associated with the Ganatsekiagan Creek. ~ Information Report No. 20-08 ATTACHMENT # TO REPORT # PQ OZ i0 Page 2 2.0 APPLICANT'S PROPOSAL 123 the owner of the subject lands has submitted an application for approval of a draft plan of subdivision and an application to amend the zoning by-law in order to implement the proposed draft plan; the draft plan of subdivision proposes to create 138 lots for detached dwellings, and 22 blocks to be subsequently divided up for 108 street townhouse dwelling units, a village green and the creation of future development blocks that are to be assembled with abutting property for future residential development (see Attachment #2 -Applicant's Submitted Plan); all of the proposed lots will front onto new municipal streets; the following chart outlines the proposed development detail: Details of the Applications Total area of draft plan - 11.47 hectares Detached dwelling lots - 4.95 hectares Townhouse blocks - 2.19 hectares Village Green - 0.33 hectares Municipal road and lanes - 3.06 hectares Future development blocks - 0.83 hectares Open Space - 0.07 hectares Number of detached dwelling lots - 9.0 m lot frontage = 68 - 11.0 m lot frontage = 46 - 13.1 m lot frontage = 24 Street Townhouse dwelling units - 6.0 m lot frontage = 36 Rear lane Townhouse dwelling units - 6.0 m lot frontage = 72 Total dwelling units - 246 Net residential density - 34.4 units per hectare 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as Living Areas, which are intended to be used predominantly for housing purposes; - the Region of Durham is currently processing Regional Official Plan amendments for the Duffin Heights Neighbourhood and until these amendments are concluded upon the conformity of the applications with the entire Regional Official Plan is yet to be determined; 3.2 Pickering Official Plan - the Pickering Official Plan designates the subject lands as Urban Residential Areas - Low Density Areas; - permissible uses within the Urban Residential Areas Low Density Areas designation include, among others, residential uses and home occupations; - the subject lands are within the Duffin Heights Neighbourhood of the Official Plan; i ATTACHMENT #~TO Information Report No. 20-08 REPORT # PD OAT/O Page 3 124 the proposed development provides a net density of approximately 34.4 units per hectare, which is over the required maximum density for Low Density Areas of 30 units per hectare; Schedule II of the Pickering Official Plan - Transportation Systems designates Tillings Road that will provide access to the draft plan as a Type C Arterial Road; Schedule II of the Pickering Official Plan - Transportation Systems also designates a future Type C Arterial Road bisecting the subdivision; Type C Arterial Roads are designed to carry lower volumes of traffic at lower speeds than high order arterial. roads while providing access to properties; - the new proposed roads within the draft plan will be a Local Road which will provides access to individual properties and carries local traffic; the City has adopted the Duffin Heights Neighbourhood Development Guidelines that apply to the subject lands (see Section 3.3); - the Official Plan requires an environmental report be undertaken prior to any development in the Neighbourhood (see Section 3.4); - the applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; 3.3 Duffin Heights Neighbourhood Development Guidelines - the Duffin Heights Neighbourhood Development Guidelines as adopted by City Council on April 22, 2'003, are currently being reviewed and its anticipated that revisions to the existing Guidelines will follow the amendment to the Official Plan to implement the Environmental Servicing Plan; - the current Guidelines establish guiding principles to create a cluster of separate but linked nodes of residential centred around a mixed use corridor; - the subject lands form part of one of the linked residential nodes; the applications will be assessed against the Duffin Heights Neighbourhood Development Guidelines during the further processing of the applications; 3,4 Duffin Heights Environmental Servicing Plan - the City of Pickering Official Plan requires the completion of an Environmental Servicing Plan (ESP) prior to approving any detailed development plans; - the Duffin Heights landowner's group has undertaken the ESP; - the ESP reviewed the road patterns and land use designations along with the review of the environmental and servicing considerations; - the ESP recommends amendments to both the Region and City Official Plans that includes changing land use designations and road designations; the Duffin Heights Landowner's Group has made an application to the Region of Durham to amend it's Official Plan to delete two segments of Type C Arterial Roads in Duffin Heights and to realign the future extension of. Valley Farm Road, a Type C Arterial Road north of the Third Concession Road; it is anticipated that the City will initiate an Official Plan Amendment to reflect the policy changes required to implement the ESP recommendations; ATTACHMENT #___!0__T0 Pa e 4 Information Report No. 20-08 REPORT # PD__ 02--16 g I ,J - as a result of the recommendations of the ESP to amend the official plans an assessment of the subject applications compliance with the policies and provisions of the Pickering Official Plan will not be. undertaken until any changes are in effect; 3.5 Zoning By-law 3037 - the subject lands are currently zoned "A" - Agricultural Zone by Zoning By-law 3037; - the existing zoning permits a range of agricultural uses, one detached dwelling, some recreational and community uses, and selected agricultural commercial uses; - an amendment to the zoning by-law is required to allow the development of the proposed plan of subdivision; - the applicant has requested an appropriate zone that would permit the proposed development. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no resident comments have been received to date; 4.2 Agency Comments - the following agencies or departments advised they have no objection to the applications: Durham District School Board; Enbridge Gas Distribution; Canada Post; Durham Catholic District School Board (see Attachments #3 to #6); 4.3 Staff Comments in reviewing the applications to date, the following matters have been identified by staff for further review and consideration: • we anticipate Council's endorsement of the ESP and changes to the City's Official Plan and Development Guidelines; therefore these applications will require review with the new Official Plan policies and guidelines; • ensuring that the proposed development is compatible with, and sensitive to, existing surrounding development and provides appropriate tree preservation and/or Natural Heritage Compensation; • reviewing the applications in terms of its level of sustainable development components; • concluding arrangements respecting the provisions of appropriate stormwater management facilities to service this development; ATTACHMENT L-TO Page 5 Information Report No. 20-08 REPOR7 # PD dZ t,7 126 concluding early construction of the northerly east-west collector road between Brock Road and Tillings Road by developers to ensure a secondary access is supplied and appropriate traffic patterns for the neighbourhood is provided; • concluding the upgrading of Tillings Road by developers; • explore the variety and mix of housing form; • ensuring the proposed road design and lotting pattern do not impact on the ability of abutting properties to the south to develop in the future; • reviewing the lotting pattern along the southern boundary of the draft plan and the impacts on the City owned road allowance; • need to address the provision of noise attenuation and separation distance from the CP rail line on both the subject lands and on abutting lands to the north that are outside the plan of subdivision that are owned by ORC; • reviewing supporting technical submissions and reports to. ensure that adequate information is provided, that technical requirements are met and that the proposed development design does not impact on the ability of abutting properties to develop in an appropriate fashion; the Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public an d the conclusion of the official plan amendment applications that effect the Duffin Heights Neighbourhood. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding either the proposed plan of subdivision or zoning by-law amendment application, you must request such in writing to the City Clerk; - if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed draft plan of subdivision and/or zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the draft plan of subdivision application is considered for approval, or before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; - if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. ATTACHMENT #--.U-TO Information Report No. 20-08 REPORT # PDTPage 6 6.0 OTHER INFORMATION 127 6.1 Appendix No. I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing the report; 6.2 Information Received - full scale copies of the applicant's submitted plan and reports are available for viewing at the offices of the City of Pickering Planning & Development Department including: • the draft plan of subdivision; • Planning Report, prepared by Sernas Associates, dated February 2008; • Phase I Environmental Site Assessment, prepared by MMM Group Limited, dated November 2007; • Noise Feasibility Study prepared by HGC Engineering, dated January 18, 2008; • Functional Servicing Report prepared by Sernas Associates, dated May 2008; - the need for additional information and/or addendums to submitted reports will be determined through the review and circulation of the applicant's current proposal; 6.3 Owner / Applicant Information - the owners of the subject lands are Ontario Realty Corporation; - the applications have been submitted by Bryce Jordan of Sernas Associates on behalf of Ontario Realty Corporation; - the representative of Ontario Realty Corporation is Graham Martin. ORIGINAL SIGNED 13y. ORIGINAL SIGNED BY Ross Pym MCIP, RPP Lynda Taylor, MCIP, RPP Principal Planner - Development Review Manager., Development Review RP:cs Attachments Copy: Director, Planning & Development ATTACHMENT # ---~L-TO 1 2 8 REPOR7 # PR DZ:irD APPENDIX NO. I TO INFORMATION REPORT NO. 20-08 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) Durham District School Board (2) Enbridge Gas Distribution (3) Canada Post (4) Durham Catholic District School Board COMMENTING CITY DEPARTMENTS (1) none received to date ATTACHMIENT TO 1 2 9 REPORT # PD b2_/D Citti Special Planning & Development Committee Meeting Minutes PICKEM,- _ Monday, September 29, 2008 7:30 pm - Council Chambers Chair: Councillor McLean PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson B. Littley B. McLean J. O'Connell D.. Pickles ABSENT: Councillor Johnson - Federaa Business ALSO PRESENT: T.J. Quinn -Chief Administrative Officer N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability G. Paterson - Director, Corporate Services & Treasurer L. Taylor - Manager., Development Review R. Pym - Principal Planner, Development Review G. McGregor- Principal Planner, Policy D. Shields -Deputy Clerk - (1) PART W- PLANNING INFORMATION MEETING 1. Draft Plan of Subdivision SP-2005-04 Zoning By-Iaw.Amendment Application A 36/05 Cougs (Tillings) Ltd. Part Lot 20, Concession 3, City of Pickering 2. City of Pickering Official Plan Amendment OPA-08/001 P Draft Plan of Subdivision SP-2008-01 Zoning By-law Amendment Application A 01/08 Mattamy (Brock Rd) Limited Part of Lots 17 & 18, Concession 3, City of Pickering 1 ATTACHMENT # TO 1 3 0 REPORT # PD OZ- fD. Cit'i 00 - Special Planning & Development Committee Meeting Minutes Monday,. September 29, 2008 7:30 pm - Council Chambers Chair: Councillor McLean 3. Draft Plan of Subdivision SP-2008-08 Zoning By-law Amendment Application A 16/08 Lebovic Enterprises Limited Part of Lot 18, Concession 3, City of Pickerinq. 4. Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Ontario Realty Corporation Part of Lot 20. Concession 3, City of Pickerinq A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted applications. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not.make oral or written submissions to the City before by-laws are passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing. unless, in the opinion of the Board, there are reasonable grounds to do so. Ross Pym, Principal Planner, Development Review, gave an overview of all zoning amendment applications noted above. Ross Pym, Principal Planner stated that they had received concerns from Kahn's Auction. Centre on how the developments would affect their private services. He noted that Kahn's Action Centre stated that their private services work very well at this time and wanted to ensure this continued. Gary Templeton and Bryce Jordan representatives for the applicants appeared before the Committee in support of the applications and to respond to any questions that may arise. Mr. Pistritto, appeared before the Committee and questioned how the developments would affect the wildlife corridor that existed in the area. Greg Hewit, appeared before the Committee and questioned how long it would be before the development started and when he would have to move. Tanya Hatley, appeared before the Committee representing her father Gerry McCoy and questioned what the developments would do to his well and 2 ATTACHMENT 7- TO 31 REPORT # PD ®2`fD Gee, 00 Special Planning & Development Committee Meeting Minutes Monday, September 29, 2008 7:30 pm - Council Chambers. Chair: Councillor McLean whether studies had been done regarding the environment and noise, along with what impact this would have on his property. Gary Templeton noted that the wildlife corridor had been considered in their . . plans and thought the link was along side the forested area and valley lands. Bryce Jordan stated that the timeline for. terminating leases would be approximately one to two years but noted that the property owner would be having further discussions with tenants. Mr. Jordan also stated that he felt the development located near his client's property would not have an impact on the lands and noted that he felt the City owned lands would affect the McCoy property more than these developments. s. i 132 ATTACHMENT # TO REPORT # .PD CSZ-f 6 December 4, 2009 Ross Pym, MCIP, RPP Planning & Development Department • City of Pickering One The Esplanade Pickering, ON L1 V 6K7 The Regional Mr. Pym: Municipality of Durham Re: Regional Comments for Duffin Heights Plan of Subdivision Planning Department Application S-P-2008-09 (Lebovic West) 605 ROSSLAND ROAD E 4T" FLOOR P.O. BOX 623 WHITBY, ON UN 6A3 Further to our preliminary comments of December 5, 2008, for the plan of (905) 668-7711 subdivision applications in Duffin Heights, we have received multiple Fax: (905) 666-6208 revisions on the proposed plan S-P-2008-09 (Lebovic West, formerly ORC). planning@ region.durham.onon. ca The latest revision, dated October 2009, consists of 132 lots for single detached units, thirty lots for 60 semi-detached units, twenty-two blocks for www.regi°n.aurham.°n.ca 134 townhouse units, a village green block, an open space block and A.L. Georgieff, MCIP, RPP roadways.. Commissioner of Planning Generally, our previous comments with respect to the Regional Official Plan, provincial policies, and delegated review responsibilities; noise (railway), archeological, natural heritage and environmental protection remain applicable. The following additional comments with respect to water supply and sanitary sewage services are offered. Water Supply The subject lands are within the planned Zone 2 pressure district and water supply is dependent on the following works: i. Construction of a 1200 mm diameter Zone 1 feedermain on Brock Road, Dersan Street and Tillings Road from Rossland Road to a Zone 1 reservoir site in Seaton. ii. Construction of a Zone 2 booster pumping station on Dersan Street in Duffin Heights. Iii. Construction of Zone 2 watermains from the Zone 2 booster pumping station to the subject lands. Upon completion of the necessary water supply works, the static water pressure will be approximately'325 kPa (46 psi). Proposed local watermain sizes should be verified to ensure that adequate fire flow capacity can be provided based on the system pressure to be provided. "Service Excellence for our Communities" ATTACHMENT #_21-TO REPORT # PD-02:10 133 Provision must be made for phasing and looping Zone 2 watermains to provide security of supply and circulation. Sanitary Sewerage Sanitary sewer service is dependent on the extension of the Central Duffin collector trunk sanitary sewer on Valley Farm Road and construction of a sanitary sewer pumping station and forcemain. The lots within the proposed development shall be serviced by sanitary sewer and water supply within the standard right-of-way width. Sewer and watermains within the rear laneways is not permitted, except for those lots with frontage on the proposed village green. Based on our preliminary comments and the above comments we have provided conditions of draft approval. The attached conditions of approval shall be complied with prior to clearance by the Region for registration of the plan. Any further revisions to the draft plan should be circulated for Regional review as revisions to the conditions of draft approval may be required. Please contact me should you have any questions or require additional information regarding this matter. GG~m Dwayne Cam bell, M.C.I.P., P.P. Project Planner - Current Planning cc: Regional-Works Department Peter Castellan ATTACHMENT #--a-TO .134 REPORT # PDT - Attachment to Letter Dated December 4, 2009 Conditions of Draft Approval for S-P-2008-09 1. The Owner shall prepare the final plan on the basis of the approved draft plan of subdivision/condominium, prepared by Sernas Associates, identified as project number 09079, as revised dated October 2009 which illustrates 132 lots for single detached units, thirty lots for 60 semi- detached units, twenty-two blocks for 134 townhouse units, a village green block, an open space block, two blocks for 0.3 metre reserves, roadways and road widening. 2. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the City of Pickering. 3. The Owner* shall submit plans showing the proposed phasing to the Region and the City of Pickering for review and approval if this subdivision is to be developed by more than. one registration. 4. The Owner shall carry out an archeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Culture.. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from.the Ministry of Culture. 5. Prior to final approval, the Owner is required to submit a reliance letter to the satisfaction of the Region or submit a Record of Site Condition (RSC) to the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an acknowledgement of receipt of the by the MOE. 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. ATTACHMENT #--E-TO REPORT # PD 135 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 between the Owner and the Region concerning the provision and installation of sanitary. sewers, water supply, roads and other regional services. i TORONTO AND REGION ATTACHMENT # REPOR7 # PD y /UTO oulonservation 136, for The Living City . RECEIVED December 1, 2009 DEC O 2009 CFN 41370 XREF CFN 38029 BY E-MAIL AND MAIL CITY OF PICKERING PLANNING & DEVELOPMENT Ross Pym, MCIP, RPP DEPARTMENT Principal Planner, Development Review Planning & Development Department City of Pickering One The Esplanade Pickering, ON L1V 6K7 Dear Mr. Pym: Re: Zoning Bylaw Amendment A 17/08 Draft Plan of Subdivision S-P-2008-09 Duffin Heights Community, City of Pickering Lebovic Enterprises Limited (Lebovic West Lands) Thank you for the opportunity to review the following documents submitted in support of the proposed. Zoning Bylaw Amendment and Draft Plan of Subdivision applications: • Drawing No. DP-1, Draft Plan of Subdivision, prepared by Sernas Associates, revised July 2009, received August 24, 2009; • FSSR, prepared by Sernas Associates, dated August, 2009, received August 24, 2009. Our comments follow from our various letters related to our review of the Duffin Heights ESP, which is not at this time. fully satisfactory to TRCA. Our Understanding of the Application We understand that the proposal has been revised to accommodate 131 lots of single family residential, 28 lots of semi-detached residential, 134 units of medium density residential, and a village green block. The subject property is located within the Duffin Heights neighbourhood and is subject to Official Plan Amendment 18 (recently approved by the Ontario Municipal Board), the Duffin Heights Neighborhood Urban Design Guidelines and the Duffin Heights ESP to be revised per the on-going discussions with Sernas Associates and the City of Pickering's Engineering staff. The development limits were pre-determined in the Duffin Heights ESP when the lands were owned by Ontario Realty Corporation. The lands were subject to a Consent application and the natural heritage system has been retained in Provincial ownership. Monitoring The ESP requires that the Duffin Heights Landowner Group provide initial seed funding of $100,000 to the TRCA to implement the watershed system monitoring and management program, and $40,000 to the City of Pickering to implement invasive species management, prior to the draft approval of the first development application. The monitoring program was. initiated in 2008. TRCA staff acceptance of the approval of proposed Zoning Bylaw Amendment and Conditions of Draft Plan of Subdivision are contingent upon the receipt of this agreed-upon funding for the monitoring program. GAHome\Public\Development Services\Durham Region\Pickering\1ebovic west duffin heights_l.doc Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca x ATTACHMENT ig TO REPORT # PD Ross Pvm - Page 2 of 4 - December 1, 2009 Preliminary Review of FSSR 1 37 We will not review the details of the FSSR until such time as the ESP is finalized and a revised FSSR consistent with same is submitted. Conditions of Draft Plan of Subdivision Approval While we would prefer that the approvals be delayed until the ESP is finalized, if the City of Pickering is prepared to issue Conditions of Draft Plan of Subdivision approval, then we offer the following conditions and will provide our technical comments on a resubmitted FSSR after the revised ESP is satisfactory to all parties. 1. 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: a. A revised FSSR consistent with the Duffin Heights ESP as approved by TRCA and City of Pickering; b. The FSSR shall 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 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 Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007), as amended; V. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended; vi. plans illustrating how the design of SWM facility considers wildlife passages and innovative design features such as wetland forebays and outlets. C. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating, among others, how all vegetation in the natural heritage system will be protected from grading and construction impacts. d. An Edge Management Plan to the satisfaction of the City, in consultation with the TRCA. e. A Compensation Report that demonstrates how compensation for areas identified in the Duffin Heights ESP has been addressed to the satisfaction of the City, in consultation with the TRCA. GAHome\Public\Development Services\Durham Region\PickeringMebovic west duffin heights_Ldoc ATTACHMENT # q-TO REPORT # PD 0?--/0 Ross Pym - Page 3 of 4 - December 1, 2009 2. The owner shall obtain all necessary permits required pursuant to Ontario Regulation 166/06, as amended, prior to registration. 3. The owner shall enter into an agreement with the City of Pickering committing to undertake the Monitoring Program as required in the Duffin Heights ESP. 4. The owner shall provide a letter of credit to the City of Pickering for the full cost of the implementation of the plans identified in Condition No. 3. 5. The owner shall install fences along the boundary of the development blocks and the publicly owned natural heritage system. 6. A restrictive covenant shall be placed over the rear yards of all lots created adjacent to the publicly owned natural heritage system. The restrictive covenant shall have the effect of prohibiting: 1) the removal of fences along the lot line of all subject development lots; and 2) the installation of gates or other access through the fences along the lot line of all development lots. 7. 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 No. 1; 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 site erosion and sediment control; d. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA; e. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA; f. To erect a permanent fence, to the satisfaction of the City of Pickering and TRCA, along the boundary of the development blocks and the publicly owned natural heritage system; g. To implement all water balance/infiltration measures identified in the approved FSSR; h. To commit to provide appropriate information to all perspective buyers of lots adjacent to the publicly owned natural heritage system through all agreements for purchase and sale, sales information, and community maps to ensure that the land owners are well informed that private use and/or access to the open space blocks shall not be permitted., and reflect the intent of the following: The open space adjacent to the subject property is considered to be part of the publicly owned natural heritage system and will be maintained for environmental protection, and public use purposes. Please note that uses such as private picnics, barbeque or garden areas; and/or the dumping of refuse (e.g. grass/garden clippings, household compostable goods, garbage etc.) are not permitted on these lands. In addition, access to the valley corridor such as private rear yard gates and/or ladders are prohibited." GAHome\Public\Deve*ment Services\Durham Region\PickeringUebovic west duffin heights_l.doc ATTACHMENT #--TO REPORT # PD 02-:1V Decembert70 2009 Ross Pvm - Page 4 of 4 = i. To convey the Open Space Block(s) associated with the valley to Toronto and Region Conservation for the nominal sum of $2 prior to the registration of the Subdivision. 8. The owner shall provide a total of $1,513 per ha [as determined by City of Pickering] contribution to the Fish Habitat Restoration Fund administered by the City for restoring fish habitats as identified in the ESP in consultation with the TRCA. 9. That the Draft Plan of Subdivision be red-line revised in order to meet the requirements of the TRCA's conditions, if necessary. 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 January 4, 2008 is $7,600 and is subject to change. Please feel free to contact me if you have any questions or if clarifications are required. Sincere] , Steven H. Heuchert, MCIP, RPP, MRTPI Manager, Development Planning and Regulation Planning and Development, 'Extension 5311 cc: Reg Webster, Sernas (via e-mail) Andrea Keeping, Se* mas (via e-mail) Lynda Taylor, City of Pickering (via e-mail) Grant McGregor, City of Pickering (via e-mail) .Bob Starr, City of Pickering (via e-mail) Marilee Gadzovski, City of Pickering (via e-mail) Scott Jarvie, TRCA G:\Home\Public\Development Services\Durham Region\Pickering\lebovic west duffin heights_l.doc ATTACHMENT # 10 To ~ REPORT # PD-__ a2__j0.0 Conseil scolaire de district Ronald Marion President du Centre-Sud-Ouest Jean-Luc Bernard O Directeur de /'education et secretaire-tresorier 14 December 9, 2008 Mr. Ross Pym MCIP RPP Principal Planner - Development Review Planning and Development Department City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Subject: City of Pickering Draft Plan of Subdivision S-P-2008-09 Zoning By--law Amendment Application A 17/08 Ontario Realty Corporation Part Lot 20, Concession.3 City of Pickering Thank you for circulating a copy of the revised draft plan of subdivision to this office for review. As you may be aware, le Conseil scolaire de district du Centre-Sud-Ouest requires two school sites in this area for the catchment area of Durham Region. Please note that the school board is confirming the need for an elementary school site of 4.0 acres and/or a secondary school site of 7.0 acres and/or a combined elementary/secondary site of approximately 10 acres to be located within Draft Plan of Subdivision S-P-2008-09. The Board intends to continue to work with the City and the developer to ascertain the most appropriate school site. Since an agreement on the location of the school site has not yet been reached, the Board would like to include the following condition in this Plan of Subdivision until such time that the school site has been finalized. "Prior to final approval, le Conseil scolaire de district du Centre-Sud-Ouest and the Owner shall come to agreement on a location for a new elementary and/or secondary school to the satisfaction of the Board." I trust the above comments are satisfactory at this time. We wish to confirm our continued interest and involvement in working with the City of Pickering on finding a suitable location for our future elementary and secondary school sites. If you have any questions or comments please contact the undersigned. Yours truly, c ~~Urecque SuzaC.C. Jean-LUc Berna d, Director of Education Catherine Gravely, Sorensen Gravely Lowes Planning Associates Inc. Siege social - 116, Cornelius Parkway, Toronto (Ontario) M6L 2K5 T61.: 416 614-0844 Secteur des affaires - 1, promenade Vanier, Welland (Ontario).1_313 IAl Tel.: 905 732-4280 www.csdcso.on,ca Fax sent by 4167559898 tly~tlG~tltf iG:4b Yg: 1/G ATTACHMENT TO REPORT # PD OZ /D 1 41 1 CAMADA POSTE Delivery Planning PH (416) 285-5385 1860 Midland Ave FX (416) 755-9800 . CANADA Scarborough On M1P 5A1 September 2, 2008 Ci of Pickering RECEIVED PI nning & Development Department 1 he Esplanade SEP 0 Z 2008 Pickering on L1V 6K7 CITY OF pICKERING PLANNING & DEVELOPMENT A ention: Ross Pyrr1 OEPARTtrtENT Re: Draft Plain of Subdivision SP-2008-09 Zoning by-law Amendment Application A 17108 Ontario Realty Corporation Part Lot 20 Concession 3 City of Pickering D ar Ross; T i!ank you for the opportunity to comment on the above noted plan. AI a condition of draft approval, Canada Post requires that the owner/developer comply with the following conditions: The owner/developer agrees to include on all offers of purchase and sale, a s~atement that advises the prospective purchaser that mail delivery will be from a designated Community Mailbox. he owner/developer will be responsible for notifying the purchaser of the exact ommunity Mailbox locations prior to the closing of any home sale. -The owneNdeveloper.will consult with Canada Post Corporation to determine suitable locations for the placement of Community Mailbox and to indicate these locations on the appropriate servicing plans. T e owner/developer will provide the following for each Community Mailbox site and include these requirements on the appropriate servicing plans: - n appropriately sized sidewalk section (concrete pad) as per municipal s andards, to place the Community Mailboxes on. Any required walkway across the boulevard, as per municipal standards. - Any required curb depressions for wheelchair access. Fax sent by 4167559896 69/62/98 12:46 Pg: 2/2 ATTACHMENT #--IJ--TO REPORT # PD 't-he owner/developer further agrees to determine and provide a suitable to . porary Community Mailbox location(s), which may. be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the p ~rmanent Community Mailbox locations. This will enable Canada Post to. pr vide mail delivery to the new residences as soon at the homes are occupied. Should you require further information, please do not hesitate to contact me at the above mailing address or telephone number. Sincerely, D bbie Greenwood D livery Planner Canada Post I ATTACHMENT #--J TO a"0 01~ i RIOTS REPORT # PD 02-/0 Oti0 O Durham Catholic District School Board ~0 0 September 8, 2009 RECEIVED = 14 3 Ross Pym, MCIP, RPP Principal Planner- Development Review SEP 1 12009 Planning & Development Department City of Pickering CITY OF PICKERING PLANNING & DEVELOPMENT One The Esplanade DEPARTMENT Pickering, Ontario. L1 V 6K7 RE: REVISED DRAFT PLAN SUBMISSION DRAFT PLAN OF SUBDIVISION SP-2008-09 ZONING BY-LAW AMENDMENT APPLICATION A 17/08 LEBOVIC ENTERPRISES LIMITED PART OF LOT 20, CONCESSION 3 -CITY OF PICKERING . Planning Staff at the Durham Catholic District School Board have reviewed the Revised Draft Plan Submission for Draft Plan of Subdivision SP-2008-09 and Zoning By-law Amendment Application A 17/08. The Board has no objection to the proposed increase in total unit count from 246 dwelling units to 321 dwelling units. This revision to Draft Plan of Subdivision SP-2008-09 will generate a student • yield of 51 students that will attend St. `Wilfrid Catholic School located at 2360 Southcroft road in the City of Pickering. Should you have any questions or concerns, please feel free to contact me. Sincerely yours, , • Gerry O'Neill, Manager, Planning and Admissions Durham Catholic District School Board Tel: (905) 576-6707 1-877-482-0722 ext. 2207 Jd 650 Rossland Road West, Oshawa, Ontario LiJ X4 Tel 905 576-6150 Toll Free 1 877 482-0722 www.dcdsb.ca Paul Pulla B. Sc., B. Ed., MSc. Ed. Director of :Education, / secretary / Treasurer 1 4 4 ATTACHMENT # I TO REPORT # PD ()Z /D 'tVxCT SC O~5 y00 August 31, 2009 lzr RECEIVED Q 03 qFp - 2 2009 0 The City of Pickering CITY OF PICKERING Planning Dept., Pickering Civic Centre PLANNING & DEVELOPMENT One The Esplanade DEPARTMENT Pickering, ON L1V 6K7 Facilities Services 400 Taunton Road East Attention: Mr. Ross Pym Whitby, Ontario L 1 R 2K6 Dear Mr. Pym, Telephone: (905) 666-5500 1-800-265-3968 RE: Proposed Revision Draft Plan of Subdivision SP-2008-09 Fax: (905) 666-6439 Zoning By-law Amendment Application A 17/08 Lebovic Enterprised Limited. .Part of Lot 20, Concession 3 City of Pickering. Staff has reviewed the information on the above noted application and has the following comments... 1. Approximately 160 elementary pupils could be generated by the above noted application. 2. It is intended that any pupils generated by the above noted plan be accommodated within existing school facilities. 3. Under the mandate of the Durham District School Board, staff has no objections. Yours truly,. Christine Nancekivell, Senior Planner I.•IPROPLAMDATAIPI,NG!SUBLSP2008-09Rcrisiou I.DOC ATTACHMENT # L q_T0 145 REPORT # PD ©2-%U ROGERSw RECEIVED moo, CABLE sEP 0 4 2009 CITY OF PICKERING August 31, 2009 PLANNING & DEVELOPMENT DEPARTMENT Mr. Ross Pym Planning & Development Department City of Pickering, Ontario Dear Mr. Ross Pym: y Re: Duffiri Heights Rogers Cable Communications Inc. ("Rogers") has reviewed the application for the above Subdivision and has determined that it intends to provide cable and telecommunications services. Accordingly, we request that municipal approval be granted subject to the following conditions: (1) Prior to registration of the plan of Subdivision, the Developer/Owner will, at its own cost, grant all necessary easements and maintenance agreements required by those CRTC-licensed telephone companies and broadcasting distribution companies intending to serve the Subdivision (collectively, the "Communications Service Providers")..Immediately following registration of the Plan of Subdivision, the Developer/Owner will cause these documents to be registered on title. (2) Prior to registration of the plan of Subdivision, the Developer/Owner will, with consultation with the applicable utilities and Communications Service Providers, prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the Subdivision, as well as the timing and phasing of installation. In addition, we kindly request to, where possible, receive copies of the following documents: (1) the comments received from any of the Communications Service Providers during circulation; (2) the proposed conditions of draft approval as prepared by municipal planners prior to their consideration by Council or any of its committees; and (3) the planners' report recommending draft approval before it goes to Council or any of its committees. 4 6 A ~tEPD # c.~~-"-i PTO REPORT Page 2 Should you require further information or have any questions, please do not hesitate to contact me at 905-436-4136. Sinc ly, ernie Visser System Planner BV/ek enclosure ~I I i 06-S1 OZI ~ C ATTACHMENT TO REPORT # PD a~°l D 147. Greater Toronto Airports Authority a. Lester B. Pearson International Airport P0. Box 6031, 3111 Convair Drive Toronto AMP, Ontario, Canada, 1_51` 1132 G T A A Airport Planning Olga Smid Manager, Land Use Planning Tel: (416) 776-7355 Fax: (416) 776-4168 (Transmitted via Facsimile 905-420-7648) August 31, 2009 Mr. Ross Pym Principal Planner - Development Review City of Pickering - Planning & Development Department Pickering Civic Complex One The Esplanade Pickering, Ontario L 1 V 6K7 Dear Mr. Pym: RE: Revised Draft flan Submissions - Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Lebov'ic Enterprises Ltd Part Lot 209 Concession 3 City of Pickering Thank you for providing the Greater Toronto Airports Authority (GTAA) with a copy of the above-noted applications. We have reviewed the revised proposal to develop 131 single family dwellings, 56 semi- detached dwellings and 134 townhouses (321 total units) on the subject property in an area that is designated as "Regional Node 1" and "Natural Area in the Pickering Official Plan, and offer the following comments: The GTAA released its Draft Plan for the Pickering Airport Lands in November 2004. The Draft Plan proposed that the prohibition of sensitive land uses be defined by the 25 NEF contour for the GTAA's proposed runway configuration, This is consistent with Transport Canada's recent revision to its guideline for "Land Use in the Vicinity of Airports" (Publication TP 1247E) to recognize the 25 NEF as the new standard for non-urban airports. The subject property is located outside of the 25 NEF. Noise contour for the proposed airport. OS/KTL/PD Land Use/Zoning 8131/2009 10:02 AM l 06-31 IUD ATTACHMENT #.~Q.5-TO REPO, T # PD---P-Z- X48 48 Mr. Ross Pym - August 31, 2009 GTAA Paget If the airport proceeds, further refinements to the runway configuration recommended in the Draft Plan may be necessary as new environmental and operations /engineering information becomes available, either through the environmental assessment process or during design of the facilities. Such refinements could potentially alter the location of the 25 NEF Contour, However, it is our position that the location of the property owned by Lebovic Enterprises Ltd. and located on Part of Lot 20, Concession 3..in the City of Pickering, would not be impacted by potential refinements to the proposed runway layout. The GTA.A therefore has no objection to the future proposed development of 321 residential units on the site. If you have any questions, please feel free to contact Kathryn Tracey-Leitch, Senior Land Use Planner, at 416-776-4012. Yours very truly, GREATER TORONTO AIRPORTS AUTHORITY Olga Smid Manager, Land Use planning ~a FSC Mixed sources 8/312009 11:20 AM OS/KTL/Land Use/2oning mie~acao ATTACHMENT #___Uv_TO nr' kEi'OR7 # PD 02 =i '•y Pickering Civic Complex G.-til o One The Esplanade ~ Pickering, Ontario i. Canada.L1V 6K7 I V.- NG 1 Dinrect Access 905.420.4660 A. ?9 O t r s Toll Free 1.866.683.2760 rJE~ i .aPME~4 . LA rNiJ3i~l ME11 ; cityofpickering.com PUUNNING & DEVELOPMENT DEPARTMENT. ~ - - - Department 905.120.4617 49 Facsimile 90::.420.7645 planR,zdevl(citypickeri.ng.on.ca"C August 25, 2008 Real Estate Services Land Use Planning Hydro One Networks Inc. P.O. Box 4300 Markham, ON L3R. -5Z5 Subject: Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A. 17/08 Ontario Realty Corporation Part Lot 20 Concession 3 City of Pickering We are circulating a new application for your review and comments. We respectfully request your response within 60 days. This application has been deemed to be complete. If your comments are for refusal or deferral of the application, please provide your justification for your position. If your comments are for approval of the application, please provide a list of any conditions of approval, as well as comments on any matters related to the applications. Please find the following attached copy(s) of the draft plan and/or 'copy(s) of the application form. Please call me at 905.420.4660, extension 2034, if you have any questions. Yours truly -~a We have . re'1!Swed the: applicailon concerning this. s/~,~ A ~vbdivisioru'con~io^~ia's m pFOposal. Hydro One has .40 OBJECTION In principle to the proposed -Dian as presently laid ow. Riease he advised that n:a further eormspondence !s oRgorsd concerning this Ross Pym, MCI UP sl,erii icoc4o t+nium. Principal Planner - Development Review 4 per Senior Real Estate Coordinate, RP: CS Hydr4One Networks lnc. o V pl- files/ORC-OH -Vdrudali- W., Ig agen'J.5 Attachments Laura Giunta Hydro One ATTACHMENT # TO 150 REPORT # PD CoodENBRIDGE ENBRIDGE GAS DISTRIBUTION INC. 500 Consumers Road.. North York ON M2J 1P8 AUGUST 27TH, 2009 Mailing Address P.O. Box 650 Scarborough ON M1K 5E3 ROSS PYM, MCIP, RPP PRINCIPAL PLANNER - DEVELOPMENT REVIEW RECEIVED, CITY OF PICKERING PICKERING CIVIC COMPLEX CFP - 2 2009 PLANNING & DEVELOP. DEPT. CITY OF PICKERING ONE THE ESPLANADE PLANNING & DEVELOPMENT PICKERING ON L1V 6K7 DEPARTMENT Dear Sirs: RE: REVISED DRAFT PLAN SUBMISSION DRAFT PLAN OF SUBDIVISION SP-2008-09 ZONING BY-LAW AMENDMENT APPLICATION. A 17/08 LEBOVIC ENTERPRISES LIMITED PART LOT 20 CONCESSION 3 CITY OF PICKERING Enbridge Gas Distribution requests that the following conditions be included in the subdivision agreement: 1. The developer is responsible for preparing a composite utility plan that allows for the safe installation of all utilities, including required separation between utilities. 2. Streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities. 3. The developer shall grade all streets to final elevation Drior to the installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary. field survey information for the installation of the gas lines. 4. It is understood that the natural gas distribution system will be installed within the proposed road allowance. In the event that this is not possible, easements will be provided at no cost to Enbridge Gas Distribution Inc. ATTACHMENT #--I:-TO REPORT # PD Enbridge also requests that the owner. / developer contact our Regional Sales Development department at their earliest convenience to discuss installation and clearance requirements for main, service and metering facilities. Yours truly, /r Tony Ciccone Manager, Network Analysis Distribution Planning (416) 758-7966 (416) 758-4374 - FAX TC: SEP-29-2008 MON 01;15 PM veridian ATTACR1ENT #-TO 152 REPORT # PD OZ-l D VERIDIAN C 6 N N N E C T T 1I 0 O N N 5 5 DEVELOPMENT APPLICATION :RE'V'IEW CO PROJECT NAME: Ontario Realty Corporation ADDRESS/PLAN: Parr :L or 20, Concession 3 MUNICIPALITY: Pickering R F NO.: SP-2008-09 & A 17/08 SUBMISSION DATE: August 25, 2006 The following is an overview- of the general requirements Clip-Applicant: is likely to meet in order to obtain a complel:e clecnicnl power supply system to this site and within the. site where subdivision in some form is involved. J.".lac comments below are based on preliminatIr information only and are subject to revision. In all cases Veridian's standard Condilinns of Service dnc~uncnl: sets out efe rcgniscmeura, terms =d conditions for the provision of electric service. This review dots not constitute an Offer to Connect,. 1, Electric service is not currently available on the road allowance(s) directly adjacent I:o rhis prolierry. Servicing may be from proposed switchgear at future school or temporuy 3 phase overhead extension un.d Veridian's supply voltage will lie at 27.61~17. 2. An Expansion will he required. Veridian'h existing distribution facilities roust be extended on the road allowance and/or upgraded in order to reach this project. Existing conditions and municipal requirements will determine whether this may be overhead, underground, or a combination. Within residential developments all such expansions are underground. 3, lndivithial metering for: each trait is required. 4. A high voltage dizect 1)ilded ducted loop underground cable system is required from the proposed s4PPly point(s) at Tillings Road to a transformer location(s) an dle property, all at the Applicant's cost. 5. Veridian's existing distribution facilities located on Tilliags Road may leave to be replaced or relocated at the Applicant's cost ro accommodare I:he proposed 3 phase line and site egress, 6. A Servicing Agreement must be signed with Vericlian in order to obtain servicing for taus site. 7. 'l'ine electrical ins.rallation(s) from the public road allowance up to the service a trance and all mcrering arrangements must comply with Veridinn's requirements and specifications and mny also be subject to the requirements of the Electrical Safety Authority. H. 'L'ire Applicant will be required to grant to Veridian a standard occupation casement, registered on tide,,for Switehgear/ transformer. 9. Prior to obtaining a building permit, the Municipality may regceire tlae Applicant to provide evidence of having obtained and accepted an Offer to Connect. SEP-29-2008 MON 01;15 PM veridian ATTACHMENT #--[-'b-TO REPORT # PD__ 1 r. 3 10. Where cranes or material handling egLaipmenC or workers must work in proximity to existing ovcnccaa wires, Avhcrc there is risk of contact or coming within the limits of approach, the Applicant shall pay all costs for the I:eLnporary relocation, Uutial, or oilier protection of the wires, or whal:ever other action is deemed nectssaay by Vcr dian to provide .for worker safety and the security of tilt electrical system. 11. Landscaping, specifically trees, slvubs, other should be located away from Veridian's transformer, switehgear, poleline, to avoid ull:erference with.eqment access yid future growl:h. Lopsided appearance of IiGeB from rimming may .tcsult. 12. Veridi.an will not attend scheduled City of Pickering DART Meeting for this Development, 13. Veridian has no objection to the proposed development. Pie asc direct the Applicant to contact Vcridian as soon as servicing is contemplated, Municipality, please forward a copy of first submission civil designs Co VexidLan. Please note Chat an Offer to Connect must be coinpleted at least Ilu-ce (3) /six (0) months prior to tbe requited tlecnaical scivi.cing date. Technical Representative, Jordon Young, C.Tech. TeleplloLie: Ext. 3242 P'P/df P:\dfii22ell\Devclopnlent Application Review\Picktring\2008\Ontario Realty Corporation - Part Lot 20, Concessiorl 3.doc 1 Pagc 2 of 2 17orm #E00002 Veridian Connections Development Application Review Rev. Daatc -,iu1.y 15, 2008 . ATTACHMENT #-.-TO REPORT # PD 02-12 1 54 EIVED Be// E C El O CT 1 6 2008 CITY OF PICKERIN a Development & Municipal Services Control Centre PLANNING & DEVELOPMEW Floor`5, 100 Borough Drive DEPARTMENT Scarborough, Ontario M1P 4W2 Tel: 416-296-6291 Toll-Free: 1-800-748-6284 .Fax: 416-296-0520 October 8, 2008 Town of Pickering Planning Department 1 The Esplande Pickering, Ontario L1V 6K7 Attention: Ross Pym Dear Sir/Madam: RE: Draft Plan of Subdivision N/W cor Tillings Rd & Township Rd Your File No: SP-2008-09, A 17/08 Bell File No: 43413 Further to our comments of September 4, 2008 Bell Canada is pleased to provide the following additional comments. A detailed review of the Draft'Plan of-.Subdivision has been completed and a telecommunication facility easement will be required to service these lands. The Draft Plan of Subdivision should be revised to reflect a 10m X 10m easement. The Applicant will be required to contact Sue Duquette at 905-853-4019 to make appropriate arrangements prior to the issuance of fina•1'plan approval. The precise location shall be to the satisfaction of the Town, Bell Canada and the Developer. The following paragraph(s) are to be included as Conditions of Draft Plan of Subdivision Approval: 1. The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such.infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of „ communication/telecommunication services for emergency management services vancouver 2010 ( i . e . , 911 Emergency Services). PREMIER NATIONAL PARTNER - ATTACHMENT # I TO REPORT # PD OAF/ D 1 55 2. The owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to . final servicing decisions. In the event of any conflict with existing . Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements. If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for re-arrangements or relocations. Should you have any questions.please.contact Janice M. McConkey at 416-296-6430. Yours truly John La hape4le, MCIP, RPP Manager - Development & Municipal Services, Ontario t Aug. 28. 20019 9;03AM ATTACHMENT #---2. TO 5 6 REPORT # PD~QZ`r D Pickering Civic Complex Cclf co One The Esplanade I I 9 CanadaL11V 6K7 I I Direct Access 905.420.4660 Toll Free 1.866.683.2760 cityofpickering. corn PLANNING & DEVELOPMENT DEPARTMENT Department 9 Facsimil '905.420,768 plan&d RECEIVED., n.ca ` August 19, 2006 AUG 2 8 2009 Subject: Revised Draft Plan'Submission CITY NG & PEVELOP NG J PLANNING DEVELOPMENT • Draft Plan of "Subdivision SP-2008-09 DEPARTMENT Zoning By-law Amendment Application A 17/08 Lebovic'Enterprises Limited Part Lot 20 Concession 3' City of Pickering Attached please find copy(ies) of a draft plan'of subdivision regarding the subject application. Return of your comments/conditions within four (4)-weeks of the above, date would be appreciated. If you have any questions, please contact Ross Pym at extension 2034. ' Second submission of Pro0osed draft plan of subdivision.., Attached is a copy of the second submission .of the draft plan of subdivision. Lebovic Enterprises Limited has ' acquired the subject lands from' Ontario Reality Corporation and have submitter the rp •~sed draft plan of subdivision. Ross Pym, MCIP, RPP Principal Planner Development Review Attachment(s) COMMENTS/CONDITIONS: ; We have no objections- , not a s d b Sivned: a4r1P I'rfy'nlQit`~ -Date: `iIRCULATION LIST: ❑ Mayor & Councillors Q' Veridian Corporation' ❑ Chief Administrative Officer El Bell Canada 0 City Solicitor CSI Rogers Cable ❑ City Clerk El Enbridge Gas ❑ Fire Chief , TRCA ❑ . Director, Cor•porate'Services. and TreasOrer ❑ CLOCA ❑ Director, Planning and Development 0 Hydro• One Networks Inc. ❑ Director, Operations and Emergency Services ❑ -'Ontario Power Generation' ❑ Division Head, Culture-and Recreation ❑ Ministry of Transportation O Division Head, Municipal Property and Engineering' D GO Transit " ❑ Manager, Development Control B CNR ❑ Manager of Transportation El. CPR FEB 26 009 :;TT;',,i,NifENT# TO REPORT # PD 8 Id 157 • Ministry of Culture Mlnist8ra de la CLINre 1 Culwre Programs Unit Unit6 des programmes culturels Programs and Services Branch - -Direction des programmes et des services Ontario 400 University Avenue, 4 floor 400, avenue University, a Mage Toronto, ON, WA 2R9 Toronto, ON, WA 2fl9 Telephone: 416-314-0713 T616phone: 416314-0773 Facsimile: 416-314-7175 T616copieur. 4163147175 Email : NoftrtSanchy®on1ar1o.ra Farah : M:dwt1.Smnch1y®anrario.ca _ I February 26, 2009 I Dr. Richard Sutton Archaeological Assessments Ltd. i 2227 Wuthering Heights Way Oakville ON L6M OA3 RE: Review and Acceptance into the Provincial Register of Reports: Archaeological Assessment Report Entitled, "Stage 1-2 Archaeological Assessment of the Ontario Realty Corporation Duffin Heights Property, Project No. D70848, Part of Lot 20, Concession 3, City of Pickering, Regional Municipality of Durham", Report Dated January 2008, Report Received ,April` 16, i 2008, MCL Project Information Form Number P013-367-2007, MCL RIMS Number 18OR003 Dear Dr. Sutton: i This office has reviewed the above-mentioned report, which has been submitted to this Ministry as a i condition of licensing in accordance with Part VI of the Ontario Heritage Act, R.S.O. 1990, . e 008. This review is to ensure that the licensed professional consultant archaeologist,has met the terms and conditions of their archaeological licence, that archaeological sites have been identified and documented according to the 1993 technical guidelines set by the Ministry and that the archaeological fieldwork and report recommendations ensure the conservation, protection and preservation of the cultural heritage of Ontario. As the result of our review, this Ministry accepts the above titled report into the Provincial register of archaeological reports. No archaeological sites were documented. It is recommended that there are no further concerns for alterations to archaeological sites for the area that has undergone archaeological assessment. This Ministry concurs with this recommendation, i Given the above, this Ministry is satisfied that concerns for archaeological sites have been met for the area of this development project as depicted by Figure .2 of the above titled report. Should you require any further information regarding this matter, please feel free to contact me. Sincerely, i Norbert Stanchly A/Archaeology Review Officer cc. Archaeological Licensing Office i Frank Dieterman, Ontario Realty Corporation i Development Review, City of Pickering Lynda Taylor, Yn Yfor~ ~ Y € i ATTPICHIISENT #_2z2._T0 REPORT # PD City O~ PICKERING MEMO To: Ross Pym November 23, 2009 Principal Planner - Development Review From: Robert Starr Manager, Development Control Copy: N/A Subject: Revised Draft Plan Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A17/08 Lebovic Enterprises Limited, Part Lot 20, Concession 3 City of Pickering We have reviewed the above noted application and provide the. following comments: 1) Noise attenuation and vibration report to be revised. 2) Chain link fencing, as a minimum, will be required as follows: a) East flankage Lot 1 b) Rear of lots 1 to 20 c) West flankage of lot 20 d) North flankage of lot 32 e) Rear of lots 32 to 38 f) West side of Lot 61 & 62 g) Rear of lot 89 to 103 h) On south flankage of lot 103 Fencing should comply with City standards and applicable fencing By-law. 3) Satisfy the City with regard to the establishment, within this development, of a geodetic benchmark that ties into the existing City of Pickering benchmark system. Number and placement to be established during detailed design. 4) Roads to be constructed as per City of,Pickering Design Standards as identified in the approved ESP and as per detailed engineering plans. ATTACHMENT #~TO REPORT # PD b lD 159 5) A 2.0 metre road widening will be required from the east limit of the plan, from the south limit of the plan to street "E" ("C"). The widening to provide a 22 m R.O.W. for Tillings Rd. 6) Tillings Rd. to be reconstructed to 22m R.O.W. as per City standard, across frontage of site. Cost sharing to be addressed in the subdivision agreement. 7) Reconstruction of Tillings Rd. south of SP-2005-04 to be a condition of approval and cost sharing addressed in the subdivision agreement. 8) Street "A" is required to be a 17.Om R.O.W. 9) Street D & C may need to become a 16.Om R.O.W to accommodate the trail system. 10) Storm sewer and stormwater management to be completed in accordance with approved ESP, functional servicing and, stormwater report and detailed engineering plans. 11) Satisfy the City with regard to their contribution to the City's stormwater management maintenance fee. 12) Development of this draft plan will be dependant on the acquisition of lands for and. construction of a Stormwater Management Pond to the satisfaction of the City. Easements will be required for the outfall and access to the outfall. 13) City will require easements and access roads to the infiltration trench on ORC lands behind lots 15 to 20 14) Traffic management plan will be required to identify all traffic signage, including street name sign, traffic control signs and applicable warning and information signs/markings. This plan must take into consideration proposed development beyond the limits of this site. 15) A utility coordination plan will be required for this development and must address all utilities, boulevard tree planting, driveway aprons, Canada Post, etc 16) A construction management plan will be required to address such items as, but not limited to erosion and sediment controls during all phases of construction including inspection and maintenance requirements, controlled access locations, vehicular parking of site workers and trades during all phases of construction , material stockpiles, construction compound, street cleaning, etc. November 23, 2009 Page 2 Draft Plan of Subdivision SP2008-09 Zoning By-law Amendment Application A17/08 Lebovic Enterprises Limited r ATTACHMENT # 2'L TO REPORT # PD__ 02.-l b `the north, east/west road connection between T.illings Road and Brock Road must be constructed to the satisfaction of the City and as a condition of draft approval for this development. Cost sharing to be addressed in the subdivision agreement. 18) Sidewalks will be required as follows: a) Both sides of any 17.Om ROW (Street "B" & "A") b) On 15.5 m ROW i. outside loop of street E & F (C) ii. south side of street C M. outside loop of street D 19) As a condition of Draft approval applicant must enter into a Subdivision Agreement with the City that must address such matters as, but not limited to, cost sharing,. completion time limits, maintenance and monitoring, easements, roads, servicing, stormwater management, easements, fencing, lot grading/sodding, boulevard tree planting/landscaping, driveway aprons, traffic management, utilities, securities and insurance. 20) Construction and servicing of "Township. Road" should be a condition of draft approval, with conveyance, construction and cost sharing addressed in the subdivision agreement. 21) Access, to the satisfaction of the City must be available at all times (24 hrs/day 7 days/week) for the City's Operations Centre, during any servicing/reconstruction work on Tillings Road. RS:jlm JADocuments0evelopment ContropBOBSTARRVnemoslapplicetionsWmfl plan\Ross\FINAL SP2006-09.doc November 23„2009 Page 3 Draft Plan of Subdivision SP2008-09 Zoning By-law Amendment Application A17/08 Lebovic Enterprises Limited 161 Report to Planning & Development I ~KERING Committee Report Number: PD 03-10 Date: January 4, 2010 From: Neil Carroll Director, Planning & Development Subject: Draft Plan of Subdivision SP-2005-04 Zoning By-law Amendment Application A 36/05 Cougs (Tillings) Ltd. Part Lot 20, Concession 3 City of Pickering Recommendation: 1. That Draft Plan of Subdivision SP-2005-04 submitted by Cougs (Tillings) Ltd., to permit a residential plan of subdivision on lands being on Part of Lot 20 Concession 3 be, as shown on the Staff Recommended Plan Attachment #4, to Report PD 03-10, be endorsed; 2. That the proposed conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2005-04 as set out in Appendix I to Report PD 03-10 be endorsed; 3. That Zoning By-law Amendment Application A 36/05 submitted by Cougs (Tillings) Ltd., to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2005-04, as outlined in Appendix II to Report PD 03-10 be endorsed; and 4. Further, that the City Solicitor be authorized to attend the Ontario Municipal Board Pre-Hearing on January 22, 2010, and any subsequent hearing to support Draft Plan of Subdivision SP-2005-04 and Zoning By-law Amendment Application A 36/05 as endorsed by Council. Executive Summary: The applicant's submitted revised plan proposes to develop a draft plan of subdivision consisting of 98 lots for detached dwellings, 22 blocks as partial detached dwelling lots, 6 blocks for 15 townhouse dwelling units, and 9 blocks for future townhouse dwelling units for a total of 144 dwelling units. The plan includes an open space block being the valley lands associated with the Ganatsekiagan Creek (see Location Map and Applicant's Submitted Revised Plan, Attachments #1 & #3). The applications were appealed by Cougs (Tillings) Ltd. (Cougs) to the Ontario Municipal Board as the municipality failed to make a decision respecting the applications within the time frame established in the Planning Act. 1 PD 03-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 2 The draft plan of subdivision proposes the development of mostly detached dwellings with future street townhouse dwelling units when additional land is assembled. The additional land that is depicted on the draft plan as being future residential lands, required for the completion of the applicant's partial lots, is in the ownership of Ontario Realty Corporation (ORC) for the lands fronting Tillings Road and City of Pickering for the lands fronting Township Road. The subject applications were originally submitted in September of 2005. However when the applications were submitted the required supporting technical information was not provided. The requirement for an Environmental Servicing Plan, to address stormwater management, preliminary servicing, and environmental impact was required in order to evaluate the applications. Further, the City was processing the Official Plan amendment for Duffin Heights and the associated works. Therefore, the applications were not circulated or processed until the requested information was provided. Since the time of initial submission, the draft plan design has been revised to introduce a greater variety of dwelling types, to increase the density of the draft plan and to address certain design matters that are included in the recently approved Official Plan Amendment for Duffin Heights (Official Plan Amendment 18). Staff are recommending modifications to the revised draft plan in order to better address the relationship of the proposed lots abutting Tillings Road and to introduce a laneway housing product (see Staff Recommended Plan, Attachment #4). The staff recommended plan more appropriately addresses urban design matters for the eastern portion of the draft plan and provides a lotting pattern and dwelling type that will provide an enhanced streetscape for Tillings Road. It is recommended that the applications be endorsed by Council, and that the City Solicitor be authorized to attend the Ontario Municipal Board Pre-Hearing on January 22, 2010, and any subsequent hearing to support Draft Plan of Subdivision SP-2005-04 and Zoning By-law Amendment, Application A 36/05 as endorsed by Council. The City's requirements respecting development of the subject property will be addressed through conditions of Draft Plan of Subdivision Approval and site-specific zoning provisions, to be presented to the OMB. Financial Implications: The City will be responsible for certain capital costs related to the development of and the ongoing maintenance of the multi-purpose trails within the draft plan (located in the open space block). Additional City resources (i.e. snow clearing equipment) are anticipated to be required to service the laneways. Some funding for the upgrade of roads to collector road status will be provided through Development Charges. Report PD 03-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2005-04 ' 163 Zoning Amendment Application A 36/05 Page 3 Sustainability Implications: The applicant submitted a Sustainability Report that is based on the City's Draft Sustainability Guidelines. Staff have reviewed the report and rated the draft plan as achieving a Level 1 score. The proposed draft plan incorporates many of the elements set out in the Guidelines. The applicant has been encouraged to pursue additional sustainable measures set out in the Guidelines in order to achieve a higher rating for the development. 1.0 Background: 1.1 Introduction Cougs has submitted revised applications for a draft plan of subdivision and an amendment to the zoning by-law in order to implement a draft plan of subdivision on the subject lands (see Location Map, Attachment #1). The revised draft plan of subdivision proposed the creation of 98 lots for detached dwellings, 22 blocks for future detached dwelling lots and 6 blocks for 15 townhouse dwelling units and 9 blocks for future townhouse dwelling lots. The partial blocks are lands that are intended to be assembled and developed with abutting lands. The lands in proximity to Tillings Road are owned by the Ontario Realty Corporation (ORC) and it is staff's understanding that Cougs is in the process of acquiring the lands from ORC. The draft plan also indicates partial lots along Township Road and Cougs proposes to acquire some of the existing road allowance for residential lots (see Applicant's Submitted Revised Plan, Attachment #3). The original applications were presented at a Statutory Public Information Meeting held on September 29, 2008 (see Applicant's Submitted Original Plan, Attachment #2). Cougs has revised the draft plan by modifying some of the lotting and road pattern to address the design requirements of the recently adopted Official Plan amendment for Duffin Heights. On October 14, 2009, the owner's solicitor submitted appeals to the Ontario Municipal Board (OMB) for the draft plan of subdivision and the zoning by-law amendment applications (see Attachment #5). The appeals are based on the City's failure to make a decision on the applications in accordance with the time frames of the Planning Act. The OMB has set a Pre-Hearing Conference on January 22, 2010 to consider these appeals. The OMB has reserved dates for a three day hearing commencing on February 24, 2010 if required. "These appeals will be considered by the OMB with the appeals related to Lebovic Enterprises Limited draft plan of subdivision and rezoning east of Brock Road (SP-2008-08 and A 16/08) and the appeals related to Lebovic Enterprises Limited located directly north of the subject lands (SP-2008-09 and .A 17/08). Staff comments and recommendations in this report pertain to the revised draft plan of subdivision that proposes the development of detached dwellings, townhouse dwelling units, future development blocks and an open space block. 164 Report PD 03-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 4 The following chart outlines the proposed development detail of the original plan compared to the revised draft plan of subdivision: Details of the Applications Original Plan Revised Plan (see Attachments #2 & #3) Total area of draft plan - 6.43 ha 6.43 ha Area for residential lots - 3.82 ha 2.98 ha Area of Open Space block - 1.10 ha 1.10 ha Municipal road and lanes - 1.46 ha 1.32 ha Future Development blocks - 0.05 ha 1.02 Detached dwelling - 66 73 - 9.75 metres lot frontage Detached dwelling 22 .25 - 12:2 metres lot frontage Total full lots - 120 98 Partial detached dwelling blocks - NA 22 Street townhouse - 32 NA - 5.5 metres lot frontage Street townhouse - NA 15 - 7.5 metres lot frontage Partial Street townhouse - NA 9 - 7.5 metres lot frontage Total partial lots/blocks - NA 31 Total lots and Partial blocks for lots - 120 146 Net residential density (units per hectare) - 31.4 36.5 2.0 Comments Received: 2.1 At the September 29, 2008 Information Meetings Three area residents spoke at the September 29, 2008 Information Meeting for the original applications to seek information and expressed concerns respecting the impact on private services, impacts on the wildlife corridor, and timing of the development (see Text of the Information Report, Attachment #6 and Meeting Minutes, Attachment #7). 2.2 Agency Comments 2.2.1 Region of Durham The Region of Durham has provided the following comments: • the proposal is permitted by the policies of the Durham Region Official Plan; • the subject lands are within the Growth Plan and would conform to the Growth Plan. Future intensification in strategic locations that facilitate transit- supportive land use is encouraged and should be considered; Report PD 03-10 January 4, 2010 165 Subject: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 5 • the applications have been screened in accordance with Provincial Interests and Delegated Review and there is no concern with the applications as certain requirements can be addressed through conditions of approval; the issue of land use compatibility in terms of the subject property being adjacent to the Municipal Operations Centre will have to be addressed in accordance with the Ministry of Environment Guidelines; municipal water supply and sanitary sewer service can be provided by the extension of services which are required as conditions of approval; and, the Region has no objection to the applications and has provided conditions of approval.(see Attachment #8). 2.2.2 Toronto and Region Conservation The Toronto and Region Conservation Authority (TRCA) has advised that the subject land is located in the Duffin Heights Neighbourhood and is therefore subject to the Council adopted Official Plan Amendment 18, the Duffin Heights Neighbourhood Development Guidelines and the Duffin Heights ESP. Environmental matters are required to be addressed by these policies. Certain matters, such as a compensation report, can be addressed through conditions of approval. As such, TRCA has no objection to the applications and has. provided conditions of approval (see Attachment #9). 2.2.3 Other Agencies The following agencies or departments advised they have no objection to the applications and certain technical issues and requirements related to the proposed use of the lands can be addressed during the detailed subdivision approval/implementation process, should these applications be approved: 1 Canada Post (see Attachment #10); 2 Durham Catholic District School Board (see Attachment #11); 3 Durham District School Board (see Attachment #12); 4 Rogers Cable Communication (see Attachment #13); 5 GTAA (see Attachment #14); 6 Hydro One (see Attachment #15); 7 Enbridge Gas Distribution Inc. (see Attachment #16); 8 Veridian Connections (see Attachment #17); 9 Bell (see Attachment #18); 10 Enbridge Pipeline Inc (see Attachment #19); 2.3 City Department Comments 2.3.1 Development Control A subdivision agreement and a construction management plan will be required to address development of the site. The subdivision agreement will address, but not be limited to: road construction, easements, fencing, traffic management, 166 Report PD 03-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 6 off-site works, and cost sharing. Servicing requirements need to be in accordance with the Environmental Servicing Plan for Duffin Heights and an approved Functional Servicing and Stormwater Report. A noise study is required to address the impacts of the existing Municipal Operations Centre on the proposed residential development. Access to and reconstruction of Tillings Road will need to be addressed in the subdivision agreement. The construction of a second access road to the western portion of Duffin Heights Neighbourhood will need to be constructed between Tillings Road and Brock Road, and the cost sharing to be addressed in the subdivision agreement (see Attachment #20). 2.3.2 Municipal Property & Engineering Division Municipal Property & Engineering has advised that the draft plan provides for too many intersections with Tillings Road with inadequate spacing between intersections (see Attachment #21). 3.0 Discussion: 3.1 The Applicant has Appealed the Draft Plan of Subdivision and Rezoning Applications to the Ontario Municipal Board Cougs has appealed both the Zoning By-law Amendment and Draft Plan of Subdivision Applications to the OMB. The applicant's appeals are submitted under Subsection 34 (11) and, Subsection 51 (34) of the Ontario Planning Act due to the municipality failing to make a decision on either application within 120 and 180 days respectively (see Attachment #5). The OMB has scheduled a Pre-Hearing conference on January 22, 2010 and reserved for a three day hearing commencing February 24, 2010 to hear this appeal and the appeals related to the two Lebovic draft plan/rezoning applications.. As the applications have been appealed, the OMB is now the approval authority and could approve a lotting and/or road pattern different from what Council endorses. It is our expectation that the applicant will introduce professional opinion evidence to support any aspect of the Council recommendation that they are not in agreement with. Therefore, the City should be represented by legal counsel at the OMB hearing in order to protect the City's interests and to advance the recommendation of City Council before the OMB. As the hearings are scheduled as noted above, staff must seek Council's direction regarding staff's role at the hearing at this time as the only Council Meeting prior to the hearing is January 18, 2010. It is recommended that the City Solicitor be authorized to attend all hearings to support the Draft. Plan of Subdivision and Zoning By-law Amendment application as endorsed by Council. Report PD 03-10 January 4, 2010 167 Subject: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 7 3.2 The Proposed Density is Acceptable The subject property is designated Urban Residential Area - Medium Density Area in the Pickering Official Plan. The Urban Residential Area - Medium Density Area establishes a density range of over 30 dwellings per net hectare and up to and including 80 dwellings per net hectare. Based on the applicants proposed design the-density for this development is 36.5 dwelling units per net hectare. 3.3 Lotting Reconfiguration Recommended The design of the draft plan has evolved since the original submission. The current design is the applicant's plan that has been appealed to the OMB and therefore seeks approval of the proposed lotting pattern. Staff recommend that the current lotting pattern be modified to improve the interface with Tillings Road. This will result in an improved streetscape and urban design in this portion of the draft plan. The modification being recommended is the orientation of the future townhouse dwelling units (being partial blocks on the draft plan) on the eastern portion of the draft plan. This modification would also relate to the abutting lands owned by ORC that directly abut Tillings Road. The recommendation is to orient the townhouses so they will front Tillings Road. The units would be serviced by a rear lane in terms of the vehicular access (see Staff Recommended Plan, Attachment #4). This lotting design is similar to the lotting that was presented at the Public Meeting for this draft plan (see Applicant's Submitted Original Plan, Attachment #2). The re-introduction of the rear lane townhouse design will provide an upgraded urban design compared to the current design for flanking lots abutting Tillings Road. The proposed plan modification has been discussed with the applicant and they have agreed to the modification. 3.4 Land Use Compatibility With the Municipal Operations Centre Must be Achieved The subject land abuts the City's Municipal Operations Centre. In accordance with Ministry of Environment Land Use Guidelines the Operations Centre is classified as an industrial use due to the possible noise emissions that occur on .the site. When new residential land uses are proposed in proximity to existing industrial land uses, appropriate separation and/or mitigation measures are required to reduce any negative land use impacts. The applicant is required to submit a report in accordance with the Ministry of Environment Land Use Guidelines to.the satisfaction of the Region of Durham and City of Pickering that outlines the proposed mitigation measures. It is recognized the Operations Centre is proposed to be relocated, however as the timing of this is unknown, mitigation requirements are necessary in order to comply with Provincial requirements. i Report PD 03-10 January 4, 2010 ~u~bl-ct: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 8 This matter is proposed to be addressed during the detailed subdivision approval/implementation process, should these applications be approved. While the design of the plan may receive approval at this time, mitigation measures may require that development of the plan be phased. 3.5 The Natural Heritage Feature Identified on the Site Will be Protected Lands that are designated Open Space Systems - Natural Area are intended to be used primarily for conservation, environmental protection, restoration, education passive recreation and similar uses. The lands that are part of the subdivision that are designated Open Space Systems - Natural Area form part of the Ganatsekiagan Creek valley system and are proposed to be conveyed to a public authority and used as natural area. This complies with the policies of the City of Pickering Official Plan. It is recommended that lands determined to be designated Open Space Systems - Natural Area be excluded from residential lotting and be zoned Open Space- Hazard Land (OS-HL) which only permits the preservation of the natural environment (see Appendix II, Recommended Zoning By-law). 3.6 Duffin Heights Neighbourhood Development Guidelines The recently approved Duffin Heights Neighbourhood Development Guidelines (NDG) provide design objectives for the neighbourhood, being: • to create accessible pedestrian-oriented residential areas, distinct in character and harmonious with the larger neighbourhood; • to create a streetscape which is attractive, safe and encourages social interaction within the neighbourhood; • to establish a central focus to the neighbourhood which is safe, lively and attractive; • to provide a diversity of uses to support neighbourhood and City functions; • to preserve and maintain the ecological function of the tableland forest and valleylands; • to promote site development and building/construction that is consistent with the City's Sustainable Development Guidelines; and, • to provide a mix of housing types, forms, affordability and tenure, on a variety of lot frontages. The staff recommended plan achieves these design objectives. The introduction of laneway based dwelling units adds to the streetscape component of the neighbourhood, provides on-street parking opportunities and increases variety in housing form. The NDG require that all the residential development in the draft plan be subject to Architectural Design Control. Architectural Control will promote a high degree of streetscape design within an overall neighbourhood plan. The objectives include: Report PD 03-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2005-04 169 Zoning Amendment Application A 36/05 Page 9 • creating distinctive and appealing streetscapes through attention to building design and detailing; • ensuring appropriate massing, materials and building siting; • design compatibility; • identifying specific design requirements for specific priority lots having highly visible elevations; and, • encourage pedestrian friendly streetscape. Specifically, the siting, massing, and facade design of townhouse units shall be coordinated on a block-by-block basis. With regard to this objective, the applicant will be required to provide special attention to the detail design of the townhouses, particularly along Tillings Road including the associated laneway. 3.7 Duffin Heights Environmental Servicing Plan (ESP) Requirements Need to be Satisfied On October 20, 2008, City Council endorsed the recommendations of the Final Duffin Heights Environmental Servicing Plan (ESP) prepared by Sernas. Associates on behalf of Lebovic, Mattamy Homes, Cougs (Tillings) Investments Limited and the Ontario Realty Corporation. The completion of the ESP is a necessary prerequisite to the consideration and approval of development applications in Duffin Heights. The ESP provides detailed information on the development limits, servicing requirements and recommendations to protect and enhance the natural heritage system including appropriate ecological buffers and stormwater management. On May 19, 2009 Council adopted Official Plan Amendment 18 that implemented City Council's endorsement of the recommendations of the ESP. On October 29, 2009 the OMB approved Official Plan Amendment 18. The ESP. set out certain prerequisites and requirements that must be satisfied prior to development, (including the subject draft plan of subdivision). These include, but are not limited to: • Functional Servicing and Stormwater Report; • Monitoring Report; • Compensation Report; • Fish Habitat Restoration Fund contribution; • Watershed System Monitoring and Management Fund contribution; and, • Adaptive Management Fund contribution. Some of these requirements will form part of the cost sharing agreement between the Duffin Heights Landowners Group. The proposed location of the stormwater management facility to serve these lands is located off-site on lands that are owned by a third party. These lands need to be secured for stormwater purposes. If this is not possible, alternative locations may need to be explored. Report PD 03-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 10 t / u The required reports have/should be initiated by the applicant and will need to be finalized and accepted by the City and/or TRCA as part of the final subdivision approval process. The required monetary contributions will be secured through conditions of draft approval for the subdivision. As part of the Council endorsed ESP and the recently approved Official Plan Amendment 18, the major land owners in Duffih Heights (including Cougs) are required to enter into a cost sharing agreement that will be administrated by a trustee, to ensure all landowners pay their proportional share of the costs to develop the neighbourhood. Therefore, prior to the registration of any draft plan of subdivision, the City will require that the cost sharing agreement has been finalized and that confirmation has been received from the trustee that all of Cougs financial contribution has been provided. 3.8 Road Improvements Required by the Draft Plan Approval 3.8.1 Northern Connection Road Between Brock Road and Tillings Road As part of the development of the draft plan certain off-site work will be required by the subdivider to service the draft plan. These works, include lands owned by the City. The Duffin Heights Neighbourhood Plan delineates a future collector road that connects Brock Road with Tillings Road to the north of the subject lands. This road is needed in terms of servicing connections and to provide a secondary access point to this area of the neighbourhood. The subject draft plan of subdivision and the abutting plan to the north (Lebovic) will generate approximately 460 dwelling units requiring a second access to Brock Road. The road is required for the overall traffic movement on the west side of the Duffin Heights Neighbourhood and to ensure more than one access to Brock Road is available for emergency response situations. The construction of this road is proposed to be located on property owned by the City. The road is to be constructed as part of the Duffin Heights Landowners Cost Sharing Agreement and the City will be appropriately recognized and compensated for the value of the land as a City contribution. Cost sharing is proposed to be addressed in the subdivision agreement. 3.8.2 Tillings Road is Required to be Upgraded to Full Urban Standards With the development of the subject draft plan and the draft plan of subdivision to the north (Lebovic)-Tillings Road will need to be upgraded to full municipal standards to Dersan Street. This road upgrade will be to a 22.0 metre urban right-of-way. The upgrade of the entire length of Tillings Road is a condition of approval and the cost sharing will be addressed in the subdivision agreement and the neighbourhood cost sharing agreement. Some funding for this upgrade is also provided through the City's Development Charges Study/By-law. Report PD 03-10 January .4, 2010 171 Subject: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 11 3.8.3 `Township Road' Allowance Needs to be Upgraded and Compensated for the Land Value The conveyance of the City's unopen road allowance that abuts this subdivision plan, `Township Road', will need to be appropriately addressed as a condition of approval for both the subject draft plan as well as the draft plan to the north (Lebovic). Appropriate arrangements will be required for the construction and servicing of the road and will be included in the subdivision agreement. This will include the stopping-up and official closing of the road allowance, the conveyance of the road or compensation for the value of the land as a City contribution, and the cost sharing with the abutting land owner for the construction of the road. Following the conveyance of the road allowance, the subdividers will incorporate the land into their draft plans. 3.9 Parkland Dedication Requirement to be Coordinated for Entire Neighbourhood For the Duffin Heights Neighbourhood, a Master Parks Agreement is being entered into by the major land owners. This agreement, which the City may be a party to, will set out the parkland requirements for the entire neighbourhood. The proposed agreement will outline what lands are to be dedicated for parkland. The Master Parks Agreement will set out that the City will not collect cash-in-lieu of parkland from any developer that is party to the agreement, nor will the City be required to pay for any over dedication. A trustee will administer this cost sharing agreement so that the land owners all pay their proportional share for parkland development in the neighbourhood. The Master Parks Agreement will ensure that the City receives the Planning Act five percent parkland dedication or cash-in-lieu for the entire neighbourhood. Therefore, even though no parkland is being dedicated through the subject draft plan, the requirement for parkland contribution will be administered through the overall Master Parks Agreement. The establishment of an appropriate Master Parks Agreement to the satisfaction of the City will be a condition of draft approval. 3.10 Applicant Required to Incorporate Abutting ORC Lands into the Final Plan of Subdivision As noted previous, the subject land do not actually abut Tillings Road as there is an intermediate strip of land owned by ORC. The applicant's draft plan has. depicted a lot plan for these lands and this is subject to the staff recommended modifications noted in Section 33 of this report. The applicant is required to obtain these lands prior to final plan approval/plan registration as the proposed connecting roads and related infrastructure need to be dedicated to the City with the plan registration. The applicant has advised they are in the process of acquiring the lands and anticipate resolution of this matter within a reasonable timeframe. The requirement to include these ORC lands into the final plan is addressed in the conditions of approval for the draft plan of subdivision. Report PD 03-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 12 172 3.11 Proposed Subdivision Conditions of Approval The revised draft plan of subdivision, subject to the noted design changes referred to in Section 3.3 of this report is recommended for approval as per Attachment #4. The draft plan represents appropriate development that conforms to the Official Plan and the Duffin Heights Neighbourhood Development Guidelines. Detail design matters are incorporated in the recommended conditions of approval and will be reviewed during the further processing of the application to ensure compliance with the Duffin Heights ESP, City policies and agency requirements. The cost sharing agreement between the major landowners is required to be executed prior to any final approval for registration being granted by the City. Prior to final approval, the City must also receive confirmation from the trustee that all financial contributions have been addressed. The recommended draft plan of subdivision conditions of approval are outlined in Appendix I to this report. 3.12 Proposed Zoning The proposed zoning provisions address building location performance standards to ensure an appropriate design for the neighbourhood. The recommendations also contain vehicle parking zoning standards to ensure that all dwellings (detached and townhouses) have a minimum of two functional parking spaces per unit on the private property and a minimum internal garage size. As part of the rezoning of the subject land it is proposed that the small strip of ORC land be incorporated into the lands being rezoned.. As these lands were previously part of a rezoning application for the former ORC draft plan of subdivision and rezoning applications they have been subject to the required statutory public meeting process. Therefore, the legislative requirement for a public meeting for these lands has been addressed. A standard related to minimum front yard landscaped area is included to ensure a minimum amount of any front yard remains landscaped. This provision will also control the maximum size of a driveway, indirectly providing on street parking opportunities. It is noted the proposed zoning contains the same performance standards for all of the proposed subdivisions in Duffin Heights,to ensure a uniform zoning throughout the Neighbourhood.' The recommended zoning is attached in Appendix II to this report. 4.0 Applicant's Comments: The owner is aware of the recommendations of this Report. Report PD 03-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2005-04 173 Zoning Amendment Application A 36/05 Page 13 Appendices: Appendix I Recommended Conditions of Draft Approval Appendix II Draft Implementing Zoning By-law Requirements and Schedule Attachments: 1. Location Map 2. ORC's Original Submitted Plan 3. Revised Plan 4. Staff Recommended Plan 5. Notice of Appeal Letter 6. Text of Information Report No. 17-08 7. Minutes from'September 29, 2008 Statutory Public Information Meeting 8. Agency Comments - Region of Durham Planning Department 9. Agency Comments - TRCA 10. Agency Comments - Canada Post 11. Agency Comments - Durham Catholic District School Board 12. Agency Comments - Durham District School Board 13. Agency Comments - Rogers Cable 14. Agency Comments - GTAA 15. Agency Comments - Hydro One 16. Agency Comments - Enbridge Gas Distribution Inc. 17. Agency Comments - Veridian Connection 18. Agency Comments - Bell Canada 19. Agency Comments - Enbridge Pipeline Inc. 20. City Comments - Development Control 21 City Comments - Municipal Property & Engineering Report PD 03-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2005-04 Zoning Amendment Application A 36/05 Page 14 i. 174 Prepared By: Approved/Endorsed By: Ross Pym, MCIP, P Neil Carrot , a , RPP Principal Planer - Development Review Director, PI ing & Development Lynda T , tor, MCIP, R Manager, Developm nt Review RP:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas . Qetrative n, kD&, CMM Chief Admini Officer Appendix I to Report PD 03-10 175 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2005-04 1 7 6 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2005-04 1.0 General Conditions: 1.1 That this recommendation apply to the draft plan prepared by Templeton Planning Limited, revised dated August 31, 2009, on lands being Part of Lot 20, Concession 3, City of Pickering, as modified per comments contained in Report PD 03-10 to permit the development of approximately 120 detached dwellings, 24 townhouses and an open space block on the subject lands. 2.0 Prior to the Registration of the Plan: 2.1 That the owners. submit a Draft 40M-Plan based on comments contained in Report PD 03-10 to be approved by the City's Planning & Development Department; 2.2 That the implementing by-law for Zoning By-law Amendment Application A 36/05 become final and binding; 2.3 That the owner obtain and include in the final plan of subdivision the easterly abutting lands currently owned by Ontario Reality Corporation; 2.4 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 following: 2.4.1 Storm Drainage (a) satisfaction of the Director, Planning & Development Department respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) satisfaction of the Director, Planning & Development Department for contributions for stormwater management maintenance fee; (c) satisfaction of the Director, Planning & Development Department for the acquisition of land, design and implementation of stormwater facility and easements for outfalls and access to the outfalls; 2.4.2 Grading Control and Soils (a) satisfaction of the Director, Planning & Development Department respecting submission and approval of a grading and control plan; (b) satisfaction of the Director, Planning & Development Department respecting the submission and approval of a geotechnical soils analysis; (c) satisfaction of the Director, Planning & Development Department respecting the authorization from abutting land owners for all off-site grading; Recommended Conditions of Approval for 7 ? .Draft Plan of Subdivision SP-2005-04 Page 2 2.4.3 Road Allowances (a) satisfaction of the Director, Planning & Development Department respecting construction of roads with curbs, storm sewers, sidewalks and boulevard designs; (b) street names and signage to be provided to the satisfaction of the City of Pickering; (c) that the north, east/west connection road between Tillings Road and Brock Road be constructed to the satisfaction of the City of Pickering and that the City of Pickering be compensated for the land required for this road in terms of the value of the contribution being included in the cost sharing agreement; (d) that Tillings Road be reconstructed across the frontage of the final draft plan and to the southern terminus to the satisfaction of the City of Pickering and cost sharing be addressed in the subdivision agreement; (e) that Township Road be constructed to the satisfaction of the City of Pickering and that the City of Pickering be compensated for the land required for this road in terms of the value of the contribution being included in the cost sharing agreement; 2.4.4 Construction / Installation of City Works & Services (a) satisfaction of the City respecting arrangements for the provision of all services required by the City; (b) satisfaction of the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services; (c) that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider; . i 2.4.5 Dedications / Transfers / Conveyances (a) that the owner convey to the City, at no costs: (i) any easements as required; and, (ii) any reserves as required by the City; (b) that the subdivider convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2005-04 Page 3 178 (c) that the owner arrange at no costs 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 the draft approval; 2.4.6 Construction Management Plan. (a) that the owner make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) insurance 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, (vii) details of the temporary construction access; (viii) ensuring access to the Municipal Operations Centre will remain open and available at all times; 2.4.8 Development Charges (a) satisfaction of the City financially with respect to the Development Charges Act; 2.4.9 Coordinated Development (a) satisfaction of the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required; (b) satisfaction of the City with respect to the disposition of future development blocks and acquisition of abutting severed parcels prior to draft plan registration; (c) satisfaction of the City with respect to providing a second access to Brock Road until such time as proposed northern connecting street between Tillings Road and Brock Road and is open to public traffic; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2005-04 Page 4 179 2.4.10 Fencing (a) satisfaction of 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; (b) the owner agrees to submit a Landscape Fencing Plan, with respect to the provision of a noise attenuation fencing, to the satisfaction of the Director, Planning & Development Department; (c) the owner agrees to install a fence next to the valley lands to the satisfaction of the City of Pickering; 2.4.11 Street Tree Plantinq (a) the submission of a street tree planting plan to the satisfaction of the City; 2.4.12 Architectural Control (a) that the owner, prior to the preparation of the subdivision agreement, shall engage a control architect, to the satisfaction of the Director, Planning & Development Department, who will prepare streetscape/architectural control guidelines to the City's satisfaction, approval of all models offered for sale and certify that all building permit plans comply with the City's approved guidelines; (b) that the owner ensure that the engineering plans be coordinated with the streetscape/architectural control guidelines and further that the engineering plans coordinate the driveway, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved; (c) that the owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing; (d) that, the subdivider provide a fixed payment satisfactory to the City to provide for the long term maintenance and repairs of items such as enhancements to fences, entrance feature walls, medians that exceed the City's normal standards and which are requested by the subdivider; 2.4.13 Noise Attenuation (a) that the owner satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features to the satisfaction of the Region of Durham, and the City of Pickering; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2005-04 Page 5 18 1. 2.4.14 Engineering Drawings (a) that the owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, utility co-ordination, and financially-secure such works; (b) that the ergineering plans be coordinated with the architectural design objectives; (c) that the subdivider revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City's satisfaction; 2.4.15 Other Approval Agencies (a) that the subdivider satisfy all the requirements of the Region of Durham; (b) that the subdivider satisfy all the requirements of the Toronto and Region Conservation Authority; (c) that any approvals which are required from the Region of Durham or the Toronto and Region Conservation Authority for the development of this plan be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals; 2.4.16 Environmental Servicing Plan (a) that the subdivider satisfy, to the satisfaction of the City of Pickering, 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; (vi) Adaptive Management Fund contribution; and, (vii) that the subdivider become a party to the cost sharing agreement for Duffin Heights and the Director, Planning & Development Department receives an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the subdivider has made satisfactory arrangements to pay its proportion of the shared development cost; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2005-04 Page 6 181 2.4.17 Parkland Dedication (a) that the subdivider satisfy, to the satisfaction of the City of Pickering, that the Duffin Heights Master Parks Agreement has been entered into and executed that establishes the requirements and process for parkland dedication in accordance with the Planning Act for the Duffin Heights Neighbourhood; 2.4.18 Phasing (a) that if this subdivision is to be developed by more than one registration, the subdivider will be required to submit a plan showing the proposed phasing, all to the satisfaction of the City; 2.4.19 Temporary Access (a) that the subdivider construct a temporary secondary emergency access at no cost to the City for this draft plan. The temporary access must be in a location and be designed to the satisfaction of the City. However, the subdivider acknowledges and agrees that if there is an opportunity in the future to for the development of lands north of Street "A" in this draft plan, they may eliminate the need for a-temporary access to the subject area by utilizing a future road system; 2.4.20 Easements for Off-Site City Facilities (a) that the subdivider satisfy to the satisfaction of the Director, Planning & Development Department any required easement for works, facilities or use rights that are required by the City of Pickering. 2.4.21 Construction Works (a) That the owner, forthwith upon receiving draft plan approval, confirm in a letter to the City and in a provision in the subdivision agreement that it will not commence any construction works (including site servicing, topsoil stripping and grading) on the subject property until the works required for the construction of the Central Duffins Collector sanitary sewer have commenced. Appendix II to 1 8 2 Report PD 03-10 Recommended Zoning By-Law Amendment Application A 36/05 183 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3037 to implement the Pickering Official Plan in Part of Lot 20, Concession 3, City of Pickering (A36/05, SP-2005-04) WHEREAS the Ontario Municipal Board deems it desirable to permit the development of a range of single detached and multiple horizontal residential units and an open space block on the subject lands being Part of Lot 20, Concession 3, in the City of Pickering; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 3 in the City of Pickering, designated "S-SD-SA-3" and "OS-HL" on Schedule I. 3. GENERAL PROVISIONS No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law: 4. DEFINITIONS In this By-law, (1) "Bay, Bow, Box Window" shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation, may or may not include a window seat; and may include a door; By-law No. Page 2 18 (2) "Corner Rounding" shall mean a lot line of a corner lot at the intersection of two street lines in the form of an arc, that joins the front lot line to the flankage lot line; (3) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Single or Single Detached or Detached Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto which is freestanding from other main structures; (d) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached above grade by a common wall which extends from the base of the foundation to the roof line and for a horizontal distance of not less than 6.0 metres; (e) "Dwelling, Single Attached or Single Attached Dwelling' shall mean one of a group of not less than 3 adjacent dwellings attached together horizontally by an above grade common wall; (4) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with an accessory buildings or structures, or a public park or open space area regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (b) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (5) "Neighbourhood Park" shall mean a municipal public park; (6) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (7) "Street" shall mean a street as defined in the Highway Traffic Act, as amended from time to time, which may provide vehicular access to a lot. A private road registered in a plan of condominium is also considered a street for the purpose of this by-law; By-law No. Page 3 185 (8) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between. the rear lot line, or where there is no rear lot line the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; Q) "Interior Side Yard" shall mean a side yard other than a flankage side yard. By-law No. Page 4 5. PROVISIONS ("S-SD-SA-3" Zone) (1) Uses Permitted ("S-SD-SA-3" Zone) No person shall, within the lands designated "S-SD-SA-3" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) single dwelling; (b) semi-detached dwelling; (c) single attached dwelling; (2) Zone Requirements ("S-SD-SA-3") No person shall, within the lands designated ("S-SD-SA-3") on Schedule attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the provisions as set out in the following table. For a single dwelling the zoning provisions shall be based on the lot frontage with the exception of corner lots which will be based on the abutting lot size: 9.0 m 12.0 m 13.5 m semi- Street Lane single single single detached single single dwelling dwelling dwelling dwelling attached attached dwellin dwellin (a) Lot 9.0 n! 12.0 m 13.5m 7.5m 6.0m 6.0m Frontage Minimum (b) Lot Area 225 m 300 m 335 m 180 m 150 m 170 m Minimum (c) Lot Depth 25 m 25 m 25 m 24.5 m 24.0 m 29.0 m Minimum (d) Front Yard 3.0m 3.0 m 3.0 m 3.0 m 3.0 m 3.0m Depth Minimum (e) Interior 1.2 m on 1.2 m on 1.2 m on 1.2 m, 1.2 m, 1.2 m, Side yard one side one side one side except except except Width and 0.6 m and 0.6 m and 0.6 m where where where (Minimum) on the on the on the dwellings dwellings dwellings other side other side other side on on on and and and abutting abutting abutting provided provided provided lots share lots lots there is a there is a there is a a common share a share a minimum minimum minimum wall, no common common 1.2 m 1.2 m 1.2 m interior wall, no wall, no separation separation separation side yard interior interior between between between shall be side and side and By-law No. Page 5 1U8 7 dwellings dwellings dwellings required shall be shall be on adjacent on on adjacent required required lots; adjacent adjacent to that adjacent adjacent lots; lots; wall on , to that to that either lot; wall on wall on either either lot; lot; (f) Flanking 2.4m 2.4m 2.4m 2.4m 2.4m 2.4m Side Yard Width Minimum (g) Rear Yard 7.0m 7.0m 7.0m 7.0m 7.0m 12.0m Depth Minimum (h) Building 12.0 m 12.0 m 12.0 m 13.0 m 13.0 m 13.0 m Height Maximum (i) Driveway 55 percent 55 percent 55 percent 50 - 50 50 Width percent percent percent Maximum (j) Lot 15m 15m 15m 15m 15m 15m Coverage of All Accessory Buildings Maximum The following special provisions shall be applicable to all lands designated ("S-SD-SA-3") (k) Corner Rounding Setback (minimum): despite any front yard depth or flankage side yard width requirement; on a corner lot, the setback to a corner rounding shall be 1.75 metres; (1) Parking Requirement (minimum): two private parking spaces per dwelling unit which can be provided either within an attached garage or with one parking space in an attached garage and one parking space in a driveway immediately in front of the parking garage for that dwelling unit; (m) Garage Requirements (minimum): one private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; By-law No. Page 6 18~ (n) Garage Parking Size (minimum): each parking space within a private garage shall have a minimum width of 2.9 metres and a minimum depth of 6.0 metres provided, however, that the width may include one interior step and the depth may include two interior steps; (o) Yard Encroachments: In addition to the provisions of Section 5.7 of By-law 3037, the following shall also apply: (i) a covered or uncovered porch, veranda or balcony and with or without a foundatiorh, may have the following setbacks: A to front lot line: 1.0 metres; B to flankage lot line: 1.0 metres; C to interior side lot line: 0.6 metres; D to rear lot line: 5.0 metres; E to a corner rounding: 1.0 metres; F Eaves above these features may project: a further 0.6 metres into the required front, flankage or rear yard or corner rounding setback; (ii) uncovered steps minimum setback to a streetline: 0.4 metres (iii) uncovered decks of any height are permitted in the rear yard provided minimum setbacks are provided as follows: A to interior side lot line: 0.6 metres; B to flankage lot line: 1.0 metres; C to rear lot line: 3.0 metres; D steps from a deck: may encroach an additional 1.2 metres onto the rear yard (iv) bay, bow or box windows may encroach a maximum into required yards as follows: A front yard: 0.6 metres; B flankage yard: 0.6 metres; C rear yard: 1.0 metres; D Eaves above these features: may project to a further 0.6 metres into the required front, flankage or rear yard; (p) Lane based Units that abut a Park or Village Green: Despite anything other provision in this By-law where a lot line for lane based single attached dwelling in a "S-SD-SA-3" zone abuts a Neighbourhood Park or Village Green, said lot line shall be deemed the front lot line; (q) Detached Garages for Lane Based Dwelling Units: A detached garage is not considered -an accessory building for the purpose of lot coverage; By-law No. Page 7 (r) Detached Garage Requirements: 189 Where the rear lot line abuts a street and vehicular access is provided from that street the following shall apply: (i) minimum side yard width of 0.0 metres; (ii) minimum flanking side yard width of 2.4 metres; (iii) minimum rear yard depth of 0.6 metres; (iv) a detached garage is not considered a main building for the purpose of the by-law. 6. PROVISIONS ("UR" Zone) (1) Uses Permitted ("UR" Zone) No person shall within the lands designated "UR" on Schedule I attached hereto use any lot or erect alter or use any building or structure for any purpose except for the following: (a) outdoor recreation uses without buildings or structures; (b) existing lawful uses, located in existing buildings or structures, provided such use continue in the same manner and for the same purpose for which they were uses on the day this by-law was passed; (c) temporary sales pavilion; (2) Zone Requirements ("UR" Zone) No person shall within the lands designated "UR" on Schedule I attached hereto, use any lot or erect alter or use any building or structure except in accordance with the following provisions: (a) Building Height (maximum): 13.0 metres; (b) Setback to all lot lines (minimum): 7.0 metres; (c) Parking requirements for temporary sales pavilion (minimum): 10 spaces; 7. PROVISIONS ("OS-HL" Zone) (1) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except the following: (a) resource management, including a stormwater management facility; (b) pedestrian and bicycle trails; By-law No. Page 8 1 9 Q(2) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected except where buildings or structures are used only for purposes of resource management, including a stormwater management facility; pedestrian and/or bicycle trails. 8. PROVISIONS ("NP" Zone") (1) Uses Permitted ("NP" Zone) No person shall within the lands designated "NP" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) neighbourhood park. 9. MODEL HOMES (1) Notwithstanding any provisions in By-law 3037 to the contrary, a maximum of 6 Model Homes, together with not fewer than two parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached to this By-law prior to the division of those lands by registration of a plan of subdivision; (2) For the purposes of this By-law,,"Model Home" shall mean a dwelling unit which is not used for residential purposes, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 10. BY-LAW 3037 By-law 3037 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it appears to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 11. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. 191 m 33,.,m 3 s STREET B' . o~ O~ S-S D-SA-3 V' 3 CON 3 PT LOT 20 p 3 tiF 40R-4766 PART 2 TOGETHER WITH ROW mE O m ~ STREET 'C' w cn Qf ca - ~ z F- STREET 2896m A' DERSAN STREET I-------------------------------------------------------- N SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2010 I 192 ATTACHMENT I TO REPORT # PD. 03-ID C P'R Q O SUBJECT PROPERTY U Z J J F- /NDU CULTURAL C DERSAN STREET Y U O m City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART LOT 20, CONCESSION 3 OWNER COUGS (TILLINGS) LTD. DATE JAN. 17, 2008 DRAWN BY JB FILE No. SP-2005-04 SCALE 1:5000 CHECKED BY RP N oTera netroEnterpriaaa Ins.' and Ita au Ppllern. All rights Reaervetl. Not a plan of a~rveY. PN-15 2005 "PAC old ita a here. All r hta Reaervad. Not a Ian of Surve . ATTACHMENT # 2- TO REPORT # PDT INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN 93 FOR PUBLIC MEETING COUGS (TILLINGS) LTD. SP-2005-04 u ture e i e i t r__T 111 11 THE C PORA D N OF THE TY 0 P/C ERl O N HIP ROAD a-f of a&exr w N7 18'30" 337.19 39.39 ]1.66 f9.N 'a.6J 1 A N 29.45 74~ 5 .90 tl Sm u V - 2 18 4 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 V 36 Z Block 93 x.83 10 Q - J 12.79 9.75 9.75 9.75 9.75 9.75 9.75 9.75 9.75 9.75 9.75 9.75 9.]5 9.75 9.75 9.75 9.75 9.15 13.15 3 8.5 60.14 a Z 2 ~N STREET'B' Z w 0,3 48.27 o - 8.5 0 5 1270 13.30 9.75 9.75 9.75 9.15 9.15 9.15 9.75 9.75 9.75 9.75 9.75 9.15 9.75 13.75 A j 7g D 34.34 53 52 51 50 49 48 47 46 45 44 43 42 41 40 39 38 37 BLOCK 98 "'36 15A9 $ m 15.33 W Open Space 3 4} 79.44 13.75 N ZQ 7 1.10 ha - 13.96 g 4 J 8 8 !~l 3J'11 54 55 56 57 58 59 60 61 62 63 64 65 66 9 35 9.15 9.75 9.]5 9.75 9.75 9.75 9.75 9.75 9.75 9.75 975 5. 5. 9.50 B 5 p r 10 0 z 35.03 ~Lu STREET V N C) 11 § TT 2 x.55 11.50 12.20 9J) 9.75 9.75 9.15 9.75 9.75 9.15 9.15 9.15 9.75 9.75 1.o 5.5 5.5 5.5 5.5 5,5 5.5 &50 &50 N 12 (j L O 34.08 79 78 77 76 75 74 73 72 71 70 69 68 67 lo k 1 Block 96 N D 10~ S% 13 N (8 ni ) rn ot 33.61 21.00 W 29.45 14 15.x7 400 5o Za 1 ,fi.aa J to k 119 lock 9 u to k 0 e n. 1 15 w 17.oo 80 81 82 83 84 85 86 87 88 (8 n, ) 16 u 9.75 9.75 9,15 9.75 9.75 9.75 9.75 9.75 1.U 5.55.5&55.5&55.5 Zo 7o 5.5 SS 5.55.5 SS 5.59.509.50 ~N x. ' 17 a o STREET 'A' o 221. 11 35.32 N72'18'30 "E 278.28 N c O - x Future School PART 2, PLAN 40R-2208 0 N FULL SCALE COP/£S OF THE APPLICANTS SUBM/TTFO PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. 7H/S MAP WAS PRODUCED BY TH£ CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION G' SUPPORT SERVICES, 4 JANUARY 17, 2008. I ATTACHMENT # -3 TO b REPORT # PD- 194 INFORMATION COMPILED FROM APPLICANT'S REVISED SUBMITTED PLAN COUGS (TILLINGS) LTD. SP-2005-04 & A 36/05 d rTT .H.6) 12.20 12.20 14.64 9.75 9.75 9.75 9.75 9.75 9.75 9.75 9.75 9.75. 9.75 9.75 9.15 Z2930 )5 9.75 [12 101 12.75 BIk. Bik, Blk. Blk. Blk. Bik. BIk. BIk. BIk. BIk. BIk. 81k. Bik. Blk. BIk. k. 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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, AUGUST 28, ?DOB. ATTACHMENT # TO REPORT # PD 6 STAFF RECOMMENDED PLAN FOR 195 COUGS (TILLINGS) LTD. SP-2005-04 111 ♦ ♦ •32 131 130129128 1 7M1 1 6 1 5 1 4rv 6 I of oEVELOPMENr "N" AS ESTABLISHED MIH 97 110♦ 110 90 9.D 9.0 I .0 I D I .0 1,6 6.0 6.D 10.! 1 0 33 ISm BVFFER BY BEACON ♦ 98 109♦ p Ip 11 9N v 3 ♦3 1 M1~ 4.5 ♦ 99 108♦ a.0 go s.o I o I o 1,6 8.0 6.0 7.6 Z6 6.0 6.0 las 3 5r ♦ 100 107♦° c 161160159158157156 1 5 1 4 1 3 1 2 1 1 L C 1 L 1 162 6 106 ♦ ♦x,.p • • • • ♦ 101 • ♦102 ° 105 ♦ 1 .o L C 1 3 L <154 136 139140141142143144145 1 6 1 7~ 1 8 1 9 150 ~ 6. A 1 ! " 104 ♦ 15.0 9.0 9.0 9.0 9.0 1 0 1 0 1,6 6.0 6.0 16 r.fi B.0 B.D IQ 0.3m Reserve O.3m Reserve TOWNSHIP ROAM Be Close BLOCK189 BLOCK 188 ' THE CORPORATION OF T CITY OF PICKERING Izri a>s s.» n a.ts , 44 99 Blk. Bik. Blk. $ Blk. Blk. 8, Blk. Blk. Blk. Blk. Blk. 61k. Bik. Bik. Blk. 81k. Bik. Blk. Uk. 1 100 101 -102 105 106 10, 108 109 110 111 112 113 114. 115 116 117 118 119 120 _ X & 4 11 TA m 27.12 1 e (3) 16 817 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 C 7R a 2 8 17 rq1 ~ 15x0 9.ri n 9.ri a 9.ri 9 27.15 9. 9.ri n.ri n J m y ESMENT 1.1 AS 3 TA ODE SHED BY BEACON $ro , r8' STREET 'B' lx.6 4 BLOCK 127 5 is 1` v aT '6 ' 1 ° 6 d Open Space x u 8 48 /N42 -466 44 43 42 41 40 39 38 37 36 J-15 34 33 8 X 8 6 8 8 aso c- 7 Q 49 8 50 51 52 53 54 55 56 857 58 59 60 61 62 63 64. C) J ~ 8 g ~ a.ri n a a.ri n ri a.ri n.» a W 9 x STREET'C' 8 ti 10 P co J Ia.» » a.>s ari a.ri n.ri a.)s 27.19 a a.>s a.ri n. s.t! n. B it 81 80 79 78 77 76 75 74 73 72 71 70 69 68 67 66 65 81568 X 12r 1'.DO 8 8 8 0.N 13 8 828 83 84 85 86 87 88 89 90 891 92 93 94 95 96 97 98 8 g CO m & ~ J 14 Izxo ~,_zxo a.)s ari a.ri a.ri +.ri a>s a.ri a.ri n.ri s.ri s.ri s.ri s.ri s.ri 15 a STREET'A' 8 230 ' ~ Blk. 'Blk. ' Blk. a . 100 101 X102 4 B Existing Works Yard 2 (Future School) 3 DLfia B 4 THE CORPORATION OF THE CITY OF PICKERING ;3 B !1 u' 6 r N FULL SCALE COPIES OF THE APPLICANTS SUBMITTED PLAN ARE.AVAILABLE FOR VIEWING Ar THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, AUGUST 25, 2008. ATTACHMENT # TO 196 REPORT # PD 03'~O RECEIVED _ OCT 2, 1 2009. Ira T. Kagan GA V Tel: 416-368-2100 Ext.226 PLANNING C PLANNING & D DEEVELOPVELOPMEENNT T Direct Fax: 416-324-4224 STn T DEPARTMENT email: lkaganCkzfs.com Barristers &j .Solicitors File #03176 Z~ i P 'P ~F1'~~tnl r•1 _ ..tl ef• 'F, rte c~ 11 F A3 ;zjo ro COr"~ T L10 CA -OCT L-L 1 62009 October 14, 2009 " '1 ti .e t Y6i'( s z C,.'rygr By Uverni aht courier Mr. Patrick Hennessy,. Board Secretary Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, Ontario M5G IE5 CORK FILE -TAKE APPR. ACTION Dear Mr. Hennessy: Re: Appeal to the OMB pursuant to subsection 34(11) of the Planning Act (pre-Bill 51) City of Pickering file number A36/05 Our, client: Cougs (Tillings) Limited, Part of Lot 20, Concession 3, Pickering We are the solicitors for Cougs (Tillings) Ltd. with. respect to their proposed development in the general vicinity of Brock Road and Dersan Street (as further described above). In 2005 our client applied for a draft plan of subdivision and zoning by-law amendment to develop its lands. The statutory public meeting was held in 2008. Despite the passage of a considerable length of time (well more. than 120 days) since the applications were first filed, the City of Pickering has to date failed to enact the.zoning amendment. The city has neither.enacted nor have they refused the application. Accordingly and pursuant to subsection 34(11) of the Planning Act, we hereby appeal the zoning by-law amendment to the OMB. The City of Pickering has adopted OPA 18 (being the Secondary Plan for the Duffin Heights Community). One appellant (Husna Tayyeb) appealed it to the OMB and a one-day hearing is scheduled for October 29, 2009. Our client's proposed development will comply with OPA 18. 188 Avenue Road, Toronto, Ontario M5R 2J1 Phone: (416) 368-2100; Fax: (416) 36878206 ATTACHMENT # TO REPORT # PD_Qa:20 7 97 In support of the appeal please find the following: 1; The completed OMB appeal form (Ol). 2. - Our firm cheque. in the amount of $125 payable to the Minister of Finance. 3. A draft zoning by-law amendment. 4. An explanatory note. 5. A copy of the staff report, the minutes of the statutory public meeting and the notice for the statutory public meeting. 6. A copy of the application itself; and 7. An affidavit swearing that the municipality did not approve the zoning by-law amendment within the required 120 days, that the prescribed fee was submitted, that the application was complete as per subsection 34(10.3) of the Planning Act, and that a copy of the appeal letter with all enclosures was send to the Clerk of the City of Pickering. We will, under separate cover, be appealing our client's draft plan of subdivision to the OMB. Since the zoning by-law implements the plan of subdivision we ask that these two appeals be consolidated. Lastly, we request that this appeal be heard together with the Mattarny and Lebovic appeals for their lands. Attached is a copy of our letter to Mr. Jason Kwan dated September 27, 2009 which explains the reasons for this request. Thank you for your kind consideration 'of this matter.' Yours very truly, Ira T. Kagan Enclos. cc. Clerk, City of Pickering Cougs (Tillings) Ltd. Mr. Gary Templeton 6t\Cougs Investments\7'illings\Appeals To OMB\Zoning Appeal Oct 14, 3009.Doe .-188 Avenue Road, Toronto, Ontario M5R 2J1 p. Phone: (416) 368-2100; Fax: (416) 368-8206 ATTACHMENT # TO 1 9 8 REPGRI # PD Ira T. Kagan . G Tel: 416-368-2100 Ext.226 Direct Fax: 416-324-4224 ASTRI E-mail: ikagan@kzfs.com Barristers & Solicitors File#03176 TO CP a ~ • P, i...~.i S O IJ . October 14, 2009-_.- Q CTA 00 By Overnight Courier ~ , Ms. Debbie Wilcox, City Clerk 4"' Pickering Civic Complex One The Esplanade Pickering, Ontario CORR. FILE L1V6K7. WE APPR. kCi'ioN Dear Ms. Wilcox: Re: Appeal to the OMB pursuant to subsection 51(34) of the Planning Act (pre-Bill 51) City of Pickering file number S-P-2005-04 Our client: Cougs (Tillings),Limited, Part of Lot 20, Concession 3, Pickering We are the solicitors.for Cougs (Tillings) Ltd. with respect to their proposed development in the general vicinity of Brock Road and Dersan Street (as further described above). In 2005 our client applied for a draft plan of subdivision and zoning by-law amendment to develop its lands. The statutory public meeting was held in 2008. Despite the passage of a considerable length of time (well. more than 180 days) since the applications were first filed, the City of Pickering has to date failed to grant draft plan- approval to the plan of subdivision. Accordingly and pursuant to subsection 51(34) of the.Planning Act, we hereby appeal the plan of subdivision to the OMB. The City of Pickering has adopted OPA 18 (being the Secondary Plan for the Duffin Heights Community). One appellant (Husna Tayyeb) appealed it to the OMB and a one-day hearing is scheduled for October 29, 2009. Our client's proposed development will comply with OPA 18. 188 Avenue Road, Toronto,. Ontario M5R 2J1 P. l Phone: (416) 368-2100; Fax: (416) 368-8206 ATTACHMENT # 5 TO REPORT # PD 03-10 199 In support of the appeal please find the following: 1. The completed OMB appeal form (Al). 2. Our firm cheque in the amount of $125 payable to the Minister of Finance. 3. A copy of the draft plan of subdivision; and 4. An Explanatory note. We will, under separate cover, be appealing our client's zoning by-law amendment to the OMB. Since the zoning by-law implements this plan of subdivision we ask that these two appeals be consolidated. Lastly, we request that this appeal be heard together with the Mattamy and Lebovic appeals for their lands. Attached is a copy of our letter to Mr. Jason Kwan dated September 27, 2009 which explains the reasons for this request. Thank you for your kind consideration of this matter. Yours very truly, Ira T. Kagan Enclos. cc. Mr. Patrick Hennessy, Secretary of the OMB (complete package) Cougs (Tillings) Ltd. Mr: Gary Templeton \\Clfks0l\KS FileAlkagan\Cougs Investments\Tillings\Appeals To OMMSubdivision Appeal Oct 14 2009.Doc 188 Avenue Road, Toronto, Ontario M5R 2J1 P. 2 Phone: (416) 368-2100; Fax: (416) 368-8206 I ATTACHMENT# (0 TO REPORT # PQ_ d?-IQ 200 . City o~ ICI I I PICKERING INFORMATION REPORT NO. 17-08 FOR PUBLIC INFORMATION MEETING OF September 29, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision SP-2005-04 Zoning By-law Amendment Application A 36/05 Cougs (Tillings) Ltd. Part of Lot 20, Concession 3 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are located west of Tillings Road, north of Dersan Street; - a property location map is provided for reference (see Attachment #1); - the property is currently vacant; - the subject property is mostly vegetated and the site's topography is relatively flat with a gentle slope to the west; - surrounding land uses are: north - vacant land on City road allowance; south - City of Pickering Operations Centre; east - wood lot; west - valley lands associated with the Ganatsekiagan Creek. 2.0 APPLICANT'S PROPOSAL - the owner of the subject lands has submitted an application for approval of a draft plan of subdivision and an application to amend the zoning by-law in order to implement the proposed draft plan; - the draft plan of subdivision proposes to create 88 lots for detached dwellings, and 4 blocks for 32 street townhouse dwelling units (see Attachment #2 - Applicant's Revised Submitted Plan); - all of the proposed lots will front onto new municipal streets; - the plan also proposes the creation of 5 future development blocks that will be assembled with abutting lands to create additional residential lots; ATTACHMENT #--fO- TO Information Report No. 17-08 REPOR Page 2 b~- T # PD l~ the following chart outlines the proposed development detail: 201 Details of the Applications Total area of draft plan - 6.43 hectares Residential lots - 3.82 hectares Municipal road and lanes - 1.46 hectares Future development blocks - 0.05 hectares Open Space - 110 hectares Number of detached dwelling lots - 9.75 m lot frontage = 66 - 12.0 m lot frontage = 22 Street townhouse dwelling units - 5.5 m lot frontage = 32 Total dwelling units - 120 Net residential density - 31.4 units per hectare 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as Living Areas, which are intended to be used predominantly for housing purposes; - the Region of Durham is currently processing Regional Official Plan amendments for the Duffin Heights Neighbourhood and until these amendments are concluded upon the conformity of the applications with the entire Regional Official Plan is yet to be determined; 3.2 Pickering Official Plan - the Pickering Official Plan designates the subject lands as Urban Residential Areas - Low Density Areas; - permissible uses within the Urban Residential Areas - Low Density Areas designation include, among others, residential uses and home occupations; the subject lands are within the Duffin Heights Neighbourhood of the Official Plan; - the proposed development provides a net density of approximately 31.4 units per hectare, which is over the required maximum density for Low Density Areas of 30 units per hectare; Schedule II of the Pickering Official Plan Transportation Systems designates Tillings Road that will provide access to the draft plan as a Type C Arterial Road,- - Type C Arterial Roads are designed to carry lower volumes of traffic at lower speeds than high order arterial roads while providing access to properties; - the new proposed roads within the draft plan will be a Local Road which will provide access to individual properties and carries local traffic; - the City has adopted the Duffin Heights Neighbourhood Development Guidelines that apply to the subject lands (see Section 3.3); - the Official Plan requires an environmental report be undertaken prior to any development in the Neighbourhood (see Section 3.4); - the applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; Information Report No. 17-08 REPORIEPURT ATTACHMENT PD 70 Page 3 # PD 03 /d 202 3.3 Duffin Heights Neighbourhood Development Guidelines - the Duffin Heights Neighbourhood Development Guidelines as adopted by City. Council on April 22, 2003 are currently being reviewed and its anticipated that revisions to the existing Guidelines will follow the amendment to the Official Plan to implement the Environmental Servicing Plan; - the current Guidelines establish guiding principles to create a cluster of separate but linked nodes of residential centred around a mixed use corridor; - the subject lands form part of one of the linked residential nodes; - the applications will be assessed against the Duffin Heights Neighbourhood Development Guidelines during the further processing of the applications; 3.4 Duffin Heights Environmental Servicing Plan - the City of Pickering Official Plan requires the completion of an Environmental Servicing Plan (ESP) prior to approving any detailed development plans; - the Duffin Heights landowner's group has undertaken the ESP; - the ESP reviewed the road patterns and land use designations along with the review of the environmental and servicing considerations; - the ESP recommends amendments to both the Region and City Official Plans that includes changing land use designations and road designations; - the Duffin Heights Landowner's Group has made an application to the Region of Durham to amend it's Official Plan to delete two segments of Type C Arterial Roads in Duffin Heights and to realign the future extension of Valley Farm Road, a Type C Arterial Road north of the Third Concession Road; - it is anticipated that the City will initiate an Official Plan Amendment to reflect the policy changes required to implement the ESP recommendations; 3.5 Zoning By-law 3037 - the subject lands are currently zoned "A" - Agricultural Zone by Zoning By-law 3037; - the existing zoning permits a range of agricultural uses, one detached dwelling, some recreational and community uses, and selected agricultural commercial uses; - an amendment to the zoning by-law is required to allow the development of the proposed plan of subdivision; - the applicant has requested an appropriate zone that would permit the proposed development. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to date; Information Report No. 17-08 ATTACHMENT# TO Page 4 REPORT # PD 4.2 Agency Comments - the following agencies or departments advised they have no objection to the applications: Canada Post; Durham Catholic District School Board; Durham District School Board; Rogers Cable Communication; GTAA; Hydro One; Enbridge Gas; Veridian Connections (see Attachments #3 to #9); - Durham Planning Department has advised that detailed comments will not be provided until the official plan amendments related to the Duffin Heights Neighbourhood have been concluded (see Attachments #10); 4.3 Staff Comments - in reviewing the applications to date, the following matters have been identified by staff for further review and consideration: • we anticipate Council's endorsement of the ESP and changes to the City's Official Plan and Development Guidelines; therefore these applications will require review with the new Official Plan policies and guidelines; • ensuring that the proposed development is compatible with, and sensitive to, existing surrounding development and provides appropriate tree preservation and/or Natural Heritage Compensation; • reviewing the applications in terms of its level of sustainable development _ components; • concluding arrangements respecting the provisions of appropriate stormwater management facilities to service this development; • concluding early construction of the northerly east-west collector road between Brock Road and Tillings Road by developers to ensure a secondary access is provided to the subdivision; • concluding the upgrading of Tillings Road by developers; • ensuring the proposed road design and lotting pattern do not impact on the ability of abutting properties to the north and south to develop in the future; • reviewing the lotting pattern along the northern boundary of the draft plan and the impacts on the City owned road allowance; • need to acquire frontage to cross lands currently owned by Ontario Reality Corporation to access Tillings Road; • explore the variety and mix of housing form; • reviewing supporting technical submissions and reports to ensure that adequate information is provided, that technical requirements are met and that the proposed development design does not impact on the ability of abutting properties to develop in an appropriate fashion; • investigate compatibility and potential separation and/or mitigation between the proposed residential use and the City's existing Operations Centre; ATTACHMENT # To Information Report No. 17-08 aTrac~REPORT # MEN D`' id Page 5 the Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public an d the conclusion of the official plan amendment applications that effect the Duffin Heights Neighbourhood. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to be notified of Council's decision regarding either the proposed plan of subdivision or zoning by-law amendment application, you must request such in writing to the City Clerk; if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed draft plan of subdivision and/or zoning by-law amendment, does not make oral submissions at the public meeting or make. written submissions to the City of Pickering before the draft plan of subdivision application is considered for approval, or before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; - if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. 6.0 OTHER INFORMATION 6.1 Appendix No. - list of neighbourhood residents, community associations, agencies,and City Departments that have commented on the applications at the time of writing the report; 6.2 Information Received full scale copies of the applicant's submitted plan and reports are available for viewing at the offices of the City of Pickering Planning & Development Department including: • the draft plan of subdivision; • Phase I Environmental Site Assessment, prepared by V. A. Wood Associates Limited, dated August 2004; • Geotechnical Investigation, prepared by V. A. Wood Associates Limited, dated August 2004; ATT,11CHIMENT # TO Information Report No. 17-08 REPORT # Pp « Page 6 205 • Archaeological Report, prepared by Archaeological Services Inc., dated January 2007 • Functional Servicing Report prepared by Sernas associates, dated March 2008 the need for additional information and/or addendums to submitted reports will be determined through the review and circulation of the applicant's current proposal; 6.3 Owner / Applicant Information - the owners of the subject lands are Cougs (Tillings) Ltd.; - the applications have been submitted by Gary Templeton of Templeton Planning Limited on behalf of Cougs (Tillings).Ltd.; - the principal of Coughlan Homes is Jerry Coughlan. ORIGINAL SIGNED BY' ORIGINAL SIGNED BY Ross Pym MCIP, RPP Lynda Taylor, MCIP, RPP Principal Planner - Development Review Manager, Development Review RP:cs Attachments Copy: Director, Planning & Development ATTACHMENT # -67`0 O REPORT # PD---Q3-/Q 26 APPENDIX NO. I TO INFORMATION REPORT NO. 17-08 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) Canada Post (2) Durham Catholic District School Board (3) Durham District School Board (4) Rogers Cable Communication (5) GTAA (6) Enbridge Gas (7) Veridian Connections (8) Durham Planning Department COMMENTING CITY DEPARTMENTS (1) none received to date ATTACHMENT # 7 TO 2 0 7 REPORT # PQ_D3-Id C-,tf, Special Planning & Development- Committee Meeting Minutes Monday, September 29, 2008 7:30 pm - Council Chambers Chair: Councillor McLean PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson B Littley B. McLean J. O'Connell D. Pickles ABSENT: Councillor Johnson - Federal Business ALSO PRESENT: T.J. Quinn - Chief Administrative Officer N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability G. Paterson - Director, Corporate Services & Treasurer L. Taylor - Manager, Development Review R: Pym - Principal Planner, Development Review G. McGregor- Principal Planner, Policy D. Shields . -Deputy Clerk - (1) PART `A' - PLANNING INFORMATION MEETING 1. Draft Plan of Subdivision SP-2005-04 Zoning By-law Amendment Application A 36/05 Cougs (Tillings) Ltd. Part Lot 20, Concession 3, City of Pickering 2. City of Pickering Official Plan Amendment OPA-08/001 P Draft Plan of Subdivision SP-2008-01 Zoning By-law Amendment Application A 01/08 Mattamy (Brock Rd) Limited Part of Lots 17 & 18. Concession 3 City of Pickering . 1 r )0 8 ATTACHPf `NT TO REPORT # PD U 10 A.4ft. Special Planning & Development Committee Meeting Minutes Monday,. September 29, 2008 7;30 pm - Council Chambers Chair: Councillor McLean 3. Draft Plan of Subdivision SP-2008-08 Zoning By-law Amendment Application A 16/08 Lebovic Enterprises Limited Part of Lot 18, Concession City of Pickering 4. Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Ontario Realty Corporation Part of Lot 20, Concession 3, City of Pickerinq A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted applications. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted. that if a person or public body does not make oral or written submissions to the City before by-laws are passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Ross Pym, Principal Planner, Development Review, gave an overview of all zoning amendment applications noted above. Ross Pym, Principal Planner stated that they had received concerns from Kahn's Auction Centre on how the developments would affect their private services. He noted that Kahn's Action Centre stated that their private services work very well at this time and wanted to ensure this continued. Gary Templeton and Bryce Jordan representatives for the applicants appeared before the Committee in support of the applications and to respond to any questions that may arise. Mr. Pistritto, appeared before the Committee and questioned how the developments would affect the wildlife corridor that existed in the area. Greg Hewit, appeared before the Committee and questioned how long it would be before the development started and when he would have to move. Tanya Hatley., appeared before the Committee representing her father Gerry McCoy and questioned what the developments would do to his well and 2 ATTACHMENT # TO 200 REPORT # PD " D A Special Planning & Development Committee Meeting Minutes .Monday, September 29, 2008 7:30 pm - Council Chambers Chair: Councillor McLean whether studies had been done regarding the environment and noise, along with what impact this would have on his property. Gary Templeton noted that the wildlife corridor had been considered in their plans and thought the link was along side the forested area and valley lands. Bryce Jordan stated that the timeline for terminating leases would be approximately one to two years but noted that the property owner would be having further discussions with tenants. Mr. Jordan also stated that he felt the development located near his client's property would not have an impact on the lands and noted that he felt the. City owned lands would affect the McCoy property more than these developments. ATTACHP ENT # TO REPORT #i PD D3 /D i December 4, 2008 L Ross Pym, MCIP, RPP Planning & Development Department City of Pickering One The Esplanade Pickering, ON L1 V 6K7 The Regional Mr. Pym: Municipality of Durham Re: Regional Comments for Duflin Heights Plan of Subdivision Planning DepartmentApplication S-P-2005-04 (Cougs) 605 ROSSLAND ROAD E 4T" FLOOR P.O. BOX 623 WHITBY, ON L1N 6A3 Further to our preliminary comments dated December 5, 2008 for plan of (905) 668-7711 subdivision applications in Duffin Heights, we have received multiple Fax: (905) 666-6208 revisions on the proposed plan S-P-2005-04 (Cougs). The latest revision, E-mail: planning region.durham.on.ca dated August 2009, consists of 120 lots for single detached units, 22 blocks for future residential development, 6 partial blocks for future residential www.region.durham.on.ca development, an open space block and roadways. It is our understanding A.L. Georgieff, MCIP, RPP that further revisions to the draft plan will address development requirements . Commissioner of Planning for the future development blocks. Generally, our previous comments with respect to the Regional Official Plan, provincial policies, and delegated review responsibilities; archeological, natural heritage and environmental protection remain applicable. The following additional comments with respect to land use compatibility, water supply and sanitary sewage services are offered. Land use compatibility The subject property is adjacent to a City of Pickering Works Yard. Ministry of Environment Guideline D-6 "Compatibility Between Industrial Facilities and Sensitive Land Uses" indicates a 70 to1000 metre potential influence area for industrial land uses and recommends a 20 to 300 metre separation distance be applied to sensitive land uses, such as residential development, adjacent to industrial uses. It is our understanding that the existing works yard will be relocated in the near future. Should the development proceed prior to the works yard relocating, the applicant should demonstrate the interim impact that the existing industrial use will have on the proposed development and recommend mitigation measures to protect the development from any adverse impacts (e.g. truck noise). Should residential occupancy occur prior to the works yard relocating, an agreement between the City of Pickering and developer should contain provisions to include a clause in any purchase and sale agreements advising of an industrial use adjacent to the subject property. "Service Excellence for our Communities" ATTACHMENT #-,S-TO REPORT # PD -Q --10 21 Water Supply The subject lands are within the planned Zone 2 pressure district and water supply is dependent on the following works: i. Construction of a 1200 mm diameter Zone 1 feedermain on Brock Road, Dersan Street and Tillings Road from Rossland Road to a Zone 1 reservoir site in Seaton. ii. Construction of a Zone 2 booster pumping station on Dersan Street in Duffin Heights. iii. Construction of Zone 2 watermains from the Zone 2 booster pumping station to the subject lands. Upon completion of the necessary water supply works, the static water pressure will be approximately 350 kPa (51 psi). Proposed local watermain sizes should be verified to ensure that adequate fire flow capacity can be provided based on the system pressure to be provided. Provision must be made for phasing and looping Zone 2 watermains to provide security of supply and circulation. Sanitary Sewerage Sanitary sewer service is dependent on the extension of the Central Duffin collector trunk sanitary sewer on Valley Farm Road and construction of a sanitary sewer pumping station and forcemain. Based on our preliminary comments and the above comments, and provided an appropriate planning process is applied to permit the future development blocks, we have provided conditions of draft approval. The attached conditions of approval shall be complied with prior to clearance by the Region for registration of the plan. Any further revisions to the draft plan should be circulated for Regional review as revisions to the conditions of draft approval may be required. Please contact me should you have any questions or require additional information regarding this matter. .G Dwaynem Cempbell, I.P., R.P.P. Project Planner - Current Planning cc: Regional Works Department - Peter Castellan ATTACHMENT # TO REPORT # PD 4 ` i(} 212 Attachment to letter dated December 4, 2009 Conditions of Draft Approval for S-P-2005-04 1. The Owner shall. prepare the final plan on the basis of the approved draft plan of subdivision, prepared by Templeton Planning Limited, identified as Draft Plan of Subdivision Part of Lot 20, Concession 3, City of Pickering, as revised dated August 2009, which illustrates 120 lots for single detached units, 22 blocks for future residential development, 6 partial blocks for future residential development, an open space block, four 0.3 metre reserves and roadways. 2. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the City of Pickering. 3. The Owner shall submit plans showing the proposed phasing to the Region and the City of Pickering for review and approval if this subdivision is to be developed by more than one registration. 4. The Owner shall carry out an archeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Culture. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Culture. 5. Prior to final approval, the Owner is required to submit a reliance letter to the satisfaction of the Region or submit a Record of Site Condition (RSC) to the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an acknowledgement of receipt by the MOE. 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. i Iii ATTACHMENT #a - - TO REPORT # PD.:D~fZS 213 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 between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. i AtTACHMEN7 # ~ mofff 0 Ax G 5 DTO "Y~ W16h96YVS ton RECEIVED i ►I 214 for The Living City. December 1, 2009 DEC O 7 2009 CFN 40467 CITY OF PICKERING XREF CFN 38029 BY E-MAIL AND MAIL PLANNING & DEVELOPMENT DEPARTMENT Ross Pym, MCIP, RPP Principal Planner, Development Review Planning & Development Department City of Pickering One The Esplanade Pickering, ON L1V 6K7 Dear Mr. Pym: Re: Zoning Bylaw Amendment A 36/05 Draft Plan of Subdivision S-P-2005-04 Duffin Heights Community, City of Pickering Cougs (Tillings) Limited Thank you for the opportunity to review the following documents submitted in support of the proposed Zoning Bylaw Amendment and Draft Plan of Subdivision applications: Draft Plan of Subdivision, prepared by Templeton Planning Limited, revised July 13, 2009, received September 18, 2009; FSSR, prepared by Sernas Associates, dated. August, 2009, received August 31, 2009. Our comments follow from our various letters related to our review of the Duffin Heights ESP, which is not at this time fully satisfactory to TRCA. Our Understanding of the Application We understand that the proposal has been revised to accommodate 131 lots of single family residential, 28 lots of semi-detached residential, 134 units of medium density residential, and a village green block. The subject property is located within the Duffin Heights neighbourhood and is subject to Official Plan Amendment 18 (recently approved by the Ontario Municipal Board), the Duffin Heights Neighborhood Urban Design Guidelines and the.Duffin Heights ESP to be revised per the on-going discussions with Sernas Associates and the City of Pickering's Engineering staff. The development limits were pre-determined in the Duffin Heights ESP. Monitoring The ESP requires that the Duffin Heights Landowner Group provide initial seed funding of $100,000 to the TRCA to implement the watershed system monitoring and management program, and $40,000 to the City of Pickering to implement invasive species management, prior to the draft approval of the first development application. The monitoring program was initiated in 2008. TRCA staff acceptance of the approval of proposed Zoning Bylaw Amendment and Conditions of Draft Plan of Subdivision are contingent upon the receipt of this agreed-upon funding for the monitoring program. G:\Home\Public\Development Services\Durham Region\Pickering\cougs tillings duffin heights_Ldoc Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca ~~n ATTACHMENT #-7 To REPORT # PD o3-10 Ross Pym - Page 2 f4- December 1, 2009 Preliminary Review of FSSR 215 We will not review the details of the FSSR until such time as the ESP is finalized and a revised FSSR consistent with same is submitted. Conditions of Draft Plan of Subdivision Approval While we would prefer that the approvals be delayed until the ESP is finalized, if the City of Pickering is prepared to issue Conditions of Draft Plan of Subdivision approval, then we offer the following conditions and will provide our technical comments on a resubmitted FSSR after the revised ESP is satisfactory to all parties. 1. 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: a. A revised FSSR consistent with the Duffin Heights ESP as approved by TRCA and City of Pickering; b. The FSSR shall 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 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 Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007), as amended; V. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended; vi. plans illustrating how the design of SWM facility considers wildlife passages and innovative design features such as wetland forebays and outlets. C. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating, among others, how all vegetation in the natural heritage system will be protected from grading and construction impacts. d. An Edge Management Plan to the satisfaction of the City, in consultation with the TRCA. e. A Compensation Report that demonstrates how compensation for areas identified in the.Duffin Heights ESP has been addressed to the satisfaction of the City, in consultation with the TRCA. GAHome\Public\Development Services\Durham Region\Pickering\cougs fillings duffin heights_l.doc ATTACHMENT # --TO REPORT # PD 03-/o ' 2 1 R(Qss Pym Page 3-f 4 - December 1, 2009 2. The owner shall obtain all necessary permits required pursuant to Ontario Regulation 166/06, as amended, prior to registration [Note: this site is partially regulated and a permit from TRCA prior to any development, including grading, taking place]. 3. The owner shall enter into an agreement with the City of Pickering committing to undertake the Monitoring Program as required in the Duffin Heights ESP. 4. The owner shall provide a letter of credit to the City of Pickering for the `full cost of the implementation of the plans identified in Condition No. 3. 5. The owner shall install fences along the boundary of the development blocks and the publicly owned natural heritage system. 6. A restrictive covenant shall be placed over the rear yards of all lots created adjacent to the publicly owned natural heritage system. The restrictive covenant shall have the effect. of prohibiting: 1) the removal of fences along the lot line of all subject development lots; and 2) the installation of gates or other access through the fences along the lot line of all development lots. 7. 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 No. 1; 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 site erosion and sediment control; d. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA; e. To obtain all necessary permits pursuant to Ontario' Regulation 166/06, as amended, from the TRCA; f. To erect a permanent fence, to the satisfaction of the City of Pickering and TRCA, along the boundary of the development blocks and the publicly owned natural heritage system; g. To implement all water balance/infiltration measures identified in the approved FSSR; h. To commit to provide appropriate information to all perspective buyers of lots adjacent to the publicly owned natural heritage system through all agreements for purchase and sale, sales information, and community maps to ensure that the land owners are well informed that private use and/or access to the open space blocks shall not be permitted, and reflect the intent of the following: "The open space adjacent to the subject property is considered to be part of the publicly owned natural heritage system and will be maintained for environmental protection, and public use purposes. Please note that uses such as private picnics, barbeque or garden areas; and/or the dumping of refuse (e.g. grass/garden clippings, household compostable goods, garbage etc.) are not permitted on these lands. In addition, access to the valley corridor such as private rear yard gates and/or ladders are prohibited." &\Home\Public\Development Services\Durham Region\Pickering\cougs fillings duffin heights_l.doc ATTACHMENT # TO 2 17 REPORT # PD 03-/0 Ross Pym - Page o - - December 1, 2009 i. To convey the Open Space Block(s) associated with the valley to Toronto and Region Conservation for the nominal sum of $2 prior to the registration of the Subdivision. 8. The owner shall provide a total of $1,513 per ha [as determined by City of Pickering] contribution to the Fish Habitat Restoration Fund administered by the City for restoring fish habitats as identified in the ESP in consultation with the TRCA. 9. That the Draft Plan of Subdivision be red-line revised in order to meet the requirements of the TRCA's conditions, if necessary. 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 January 4, 2008 is $7,600 and is subject to change. Please feel free to contact me if you have any questions or if clarifications are required. Sincerely, /Steven H. Heuchert, MCIP, RPP,, MRTPI Manager, Development Planning and Regulation Planning and Development Extension 5311 cc: Reg Webster, Sernas (via e-mail) Andrea Keeping, Sernas (via e-mail) Gary Templeton (via e-mail) Lynda Taylor, City of Pickering (via e-mail) Grant McGregor, City of Pickering (via e-mail) Bob Starr, City of Pickering (via e-mail) Marilee Gadzovski, City of Pickering (via e-mail) Scott Jarvie, TRCA G:\Home\Public\Development Services\Durham Region\Pickering\cougs tillings duffin heights_l.doc Fax sent bg : 4167559868 62/91/98 88:19 Pg: 1/2 ATTACHMENT # TO REPCiRT ~ P0. n 3-~D 218 A a M 1 Delivery Planning PH (416) 285-5385 1860 Midland Ave FX (416) 755-9800 0 Scarborough On M1 P 5A1 February 1, 2008 RECE01"TED C' of Pickering PI nning & Development Department I.. f e`p, 1 he Esplanade CITY OF PtGKE R NG P' kering On L1V 6K7 PLANNING , OP ELOPMENT A ention: Ross Pym Re: Draft Plan of Subdivision Application SP-2005-04 Zoning Bylaw Amendment Application A 36105 Cougs (Tillings) Ltd Part of Lot 20, Concession 3 City of Pickering D ar Ross, T ank you for the opportunity to comment on the above noted plan. A a condition of draft approval, Canada Post requires that the owner/developer comply with the following conditions: he owner/developer agrees to include on all offers of purchase and sale, a s tement that advises the prospective purchaser that mail delivery will be from a designated Community Mailbox, he owner/developer will be responsible for notifying the purchaser of the exact Community Mailbox locations prior to the closing of any home sale. - The ownerldeveloper will consult with Canada Post Corporation to determine s itable locations for the placement of Community Mailbox and to indicate these locations on the appropriate servicing plans. he owner/developer will provide the following for each Community Mailbox site a d include these requirements on the appropriate servicing plans: An appropriately sized sidewalk section (concrete pad) as per municipal s andards, to place the Community Mailboxes on. Any required walkway across the boulevard, as per municipal standards. Any required curb depressions for wheelchair access. Fax sent-by 4167559889 82/81/98, 68:18 Pg: 2/2 ATTACHMENT TO REPORT PO-~3--/Z> 219 he owner/developer further agrees to determine and provide a suitable te porary Community Mailbox location(s), which may be utilized by Canada Post u it the curbs, sidewalks and final grading, have been completed at the p rmanent Community Mailbox locations. This will enable Canada Post to pr vide mail delivery to the new residences as soon as the homes are occupied. S ould you require further information, please do not hesitate to contact me at th above mailing address or telephone number. S cerely, D bbie Greenwood D livery Planner C nada Post i ATTACHMENT TO o ats f RICrs REPORT # PD_ ©3 °i d ctio 0 Durham Catholic District School Board < r a 220 eptember 15, 2009 Ross Pym, MCIP, RPP Principal Planner - Development Review RECEIVED Planning & Development Department City of Pickering SEP 2 2 2009 One The Esplanade Pickering, Ontario. L1 V 6K7 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT RE: REVISED DRAFT PLAN SUBMISSION - DRAFT PLAN OF SUBDIVISION APPLICATION SP-2005-04 ZONING BY-LAW AMENDMENT APPLICATION A 36/05 COUGS (TILLINGS) LTD. PART OF LOT 20, CONCESSION 3 • CITY OF PICKERING Planning Staff at the Durham Catholic District School Board have reviewed the Revised Draft Plan Submission for Draft Plan of Subdivision Application SP- 2005-04 and Zoning By-law Amendment ApplicationA 36/05. The Board has no objection to the proposed increase. in total unit count from 120 dwelling units to 134 dwelling units. This revision to Draft Plan of Subdivision Application SP-2005-04 will generate a • student yield of 21 students that will attend St. Wilfrid Catholic School located at 2360 Southcroft road in the City of Pickering. Should you have any questions or concerns, please feel free to contact me. Sincerely yours, Gerry O'Neill, Manager, Planning and Admissions Durham Catholic District School Board Tel: (905) 576-6707 1-877-482-0722 ext. 2207 :jd 650 Rossland Road West, Oshawa, Ontario W 7C4 Tel 905 576-6150 Toll Free 1 877 482-0722 www.dcdsb.ca Paul Pulla s. sc., a Ed., MSc. Ed. Director of Education / Secretary 1 Treasurer ?',CT SC ATTACHMENT # 12- TO 221 hrO REPORT # PD C~ 10 cG RCEI ~d 0 0 E .Q ~ _ 3 September 15, 2009 SEP 1 6 2009 ING ENT 7O O~ C'Ty NOG & DEVELOPM PLAN DEPARTME `~ducat,~a+v ~av GomovracuFacilities Services The City of Pickering 400 Taunton Road East Planning Dept., Pickering Civic Centre Whitby, Ontario One The Esplanade L 1R 2K6 Pickering, ON Telephone: (905) 666-5500 L i V 6K7 1-800-265-3968 Fax: (905) 666-6439 Attention: Mr. Ross Pym Dear Mr. Pym RE: Revised Draft Plan of Subdivision SP-2005-04 Zoning By-law Amendment Application A 36/05 Cougs (Tillings) Ltd. Part Lot 20, concession 3 City of Pickering Staff has reviewed the information on the revised draft plan of subdivision, dated by the City of Pickering August 20, 2009, and under the mandate of the Durham District School Board have no objection. Yours truly, Christine Nancekivell Senior Planner 1:\PROPLAN\DATA\PLNG\SUB\SP2005-04Rcvision IDOL 222 0 RO GE RS M ATTACHMENT #~TO Rogers Cable Communications Inc. REPORT # ,PD 301 Marwood Drive Oshawa, Ontario L1 H 1 A Tel. (905) 579-1601 Fax (905) 433-1774 September 18, 2009 Mr Ross Pym. Planning & Development Department City of Pickering, Ontario Dear Mr. Pym: Re: Draft Plan Cougs Tillings SP-2005-04 Rogers Cable Communications Inc. ("Rogers") has reviewed the application for the above Subdivision and has determined that it intends to provide cable and telecommunications services. Accordingly, we request that municipal approval be granted subject to the following conditions: (1) Prior to registration of the plan of Subdivision, the Developer/Owner will, at its own cost, grant all necessary easements and maintenance agreements required by those CRTC-licensed telephone companies and broadcasting distribution companies intending to serve the Subdivision (collectively, the "Communications Service Providers"). Immediately following registration of the Plan of Subdivision, the Developer/Owner will cause these documents to be registered on title. (2) Prior to registration of the plan of Subdivision, the Developer/Owner will, with consultation with the applicable utilities and Communications Service Providers, prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the Subdivision, as well as the timing and phasing of installation. In addition, we kindly request to, where possible, receive copies of the following documents: (1) the comments received from any of the Communications Service Providers during circulation; (2) the proposed conditions of draft approval as prepared by municipal planners prior to their consideration by Council or any of its committees; and WIRELESS DIGITAL CABLE • INTERNET HOME PHONE VIDEO PUBLISHING BROADCASTING ATTACHMENT #--Z3-TO 223 REPORT # PD D3-lD Page 2 (3) the planners' report recommending draft approval before it goes to Council, or any of its committees. Should you require further information or have any questions, please do not hesitate to contact me at 905-436-4136. Sincerely, Bernie Visser System Planner &J-'L'L-'09 111:q1 I tEUCI-5PA1J ATTACHMENT if TO REPORT # PD 03-/D . Greater Toronto Airports Authority Lester B. Pearson International Airport P.O. Box 6031, 3111 Convair Drive Toronto AME Ontario, Canada L5P 1132 GT-AA Airport Planning Olga Smid Superintendent, Land Use Planning Tel: (416) 776-7355 Pax: (416) 776-4168 (Transmitted via Facsimile 905-420-7648) September 22, 2009 Mr. Ross Pym Principal Planner - Development Review City of Pickering - Planning & Development Department Pickering Civic Complex One The Frsplanade Pickering, Ontario L1V 6K7 Dear Mr. Pym: RE: Revised Draft Plan Submission Draft Plan of Subdivision Application SP-2005-04 Zoning By-law Amendment Application A 36/05 Cougs (Tillings) Ltd. Part of Lot 20, Concession 3 City of Pickering Thank you for providing the Greater Toronto Airports Authority (GTAA) with a copy of the above-noted Applications. We have reviewed the revised proposal to develop 118 single family dwellings plus 16 townhomes (134 total units) on the subject property in an area that has a "Lour Density Residential'." designation in the Pickering Official Plan, and offer the following comments: The GTAA released its. Draft Plan for.the Pickering Airport Larids in November 2004. The Draft Plan proposed that the'-prohibition of sensitive land uses be defined by the 25 NEF contour for the GTAA's proposed runway configuration. This is consistent with Transport Canada's recent revision to its' guideline for "Land Use in the Vicinity of Airports (Publication TP 1247E) to recognize the 25 NEF as. the new standard for non-urban airports. The subject property is located outside ofthe 25 NEF Noise contour for the proposed. airport. 09"Z•L-` W7 11:4Z I-EUCI-5FA1J ~ L ATTACHMENT #~L_TO REPORT # PD -0-3_ /D 225 Mr. Ross Pyrn - September 22, 2009 GTAA Paget If the airport proceeds, further refinements to the runway configuration recommended in the Draft Plan may be necessary as new environmental and operational/engineering information becomes available, either through the environmental assessment process or during design of the facilities. Such refinements could potentially alter the location of the 25 NEF contour. However, it is our position that the location of the Coug (Tillings) Ltd. property, on Part Lot 20, Concession 3 in the City of Pickering, would not be impacted by potential refinements to the proposed runway layout. The GTAA therefore has no objection- to the future proposed development of 134 residential units on the site. If you have any questions, please feel free to contact Kathryn Tracey-Leitch, Senior Land Use planner, at 416-776-4012, Yours very truly, GREATER TORONTO AIRPORTS AUTHORITY Olga fnid Superintendent, Land Use Planning FSC Mixed Sau/ces .9/2212009 11.35 AM 0S1KTULand UselZoning L 03/20/2008 13:56 FAX ATTACHMENT # 45 TO Pickering Civic Complex 2 2".:( REPORT # PD CS '/b One 'rhe Esplanade L t frl e_ ' Pickering, Ontario Canada L] V 6K7 ' E yt f f UrtO 0ircrt Access 901).420.4660 1, m; 8 ti ' ls€, Toll Free 7.866.683.2760 MCKERI.,_G sl T Y 1C1~ORI citYOfpickenng.c<,m cx d E`,v,', 8,.L'EUELC?PMEC!~- DEFk t i , PLANNING & DEVELOPMENT DEPARTMENT Department 905.420.4617 Facsimile 905.420.7648 - plan&-clcc'1Gtcity.pickuring.on.ca 1 ) - rx Ab" January 25, 2008 t_ t-aura Uiunta ,l Hydro One Real Estate Services _ rte . Land Use Planning Hydro One Networks Inc. P.O. Box 4300 Markham, ON L3R 5Z5 Subject: Draft Plan of Subdivision Application SP-2005-04 Zoning By-law Amendment Application A 36/05 Cougs (Tillings) Ltd. Part of Lot 20, Concession 3 City of Pickering We are circulating these new applications for your review and comments, We respectfully request your response within 60 days. These applications have been deemed to be complete. If your comments are for refusal or deferral of the applications, please provide your justification for your position. If your comments are for approval of the applications, please provide a list of any conditions of approval, as well as comments on any matters related to the applications. Please find the following attached copy(s) of the draft plan and copy(s) of the .application form. Please call me at extension 2034, if you have any questions. Yours truly Ross Pym MCIP, P Principal Planner - Development Review -r~;'(k'i~tlncrnctnu'wF',1 t``~ tJianl+wstton~" ;)Yenf i-I'~Cl rNtlFt. rC) J a Ili!) ~ ~ : ' i !G }l+ G'~= t:~ent;£3~f ~CJP3r~s. F,y;ir:: ttiiS FdC, OttIF't' /th ~nSH It1t3~ (lltl?1 ~a,s rYB4i~5ik' f rli.'Ai ftir4`>B" C t'35{i()ENjJNtCL- fti rEi,^;iHixr'lxj'J, QdLI. r'(J~Br> br RP:ld I I, .ir:chmlhu; e Celfrt^ar„v this rfl rp'Ptan filmgff6nvcirculabon larler ;o Irca Attachments 4,2°!#.n,n. tsC1T•YIIt.NG>!;~f3'+.^&Lti41:n X:YC•Wat.Lm;.C:V'. Laura Giunta Hydro One 227 ATTACHMENT #16 TO REPOR7 # PD 0 - l0 3 s .v.=ENBRIDGE n 4 6 ENBRIDGE GAS DISTRIBUTION INC. 5003 C~nsursv-a.Rc ad, North York ON M2J 1P8 OCTOBER 1sT, 2009. Mailing Address P.O. Box 650 Scarborough ON M1K 5E3 6, 5 ROSS PYM, MCIP, RPP RECEIVED PRINCIPAL PLANNER - DEVELOPMENT REVIEW OCT 0 5 2009 CITY OF PICKERING CITY OF PICKERING PICKERING CIVIC COMPLEX PLANNING & DEVELOPMENT DEPARTMENT PLANNING & DEVELOPMENT DEPT. B. ONE THE ESPLANADE PICKERING ON L1V 6K7 Dear Sirs: RE: REVISED DRAFT PLAN SUBMISSION DRAFT PLAN OF SUBDIVISION APPLICATION SP-2005-04 ZONING BY-LAW AMENDMENT APPLICATION A 36/05 COUGS'(TILLINGS) LTD. PART OF LOT 20, CONCESSION 3 CITY OF PICKERING k Enbridge Gas Distribution requests that the following conditions be included in the $ , subdivision agreement: E~ 1. The developer is responsible for preparing a composite utility plan that allows for the safe installation of all utilities, including required separation between " utilities. F. - I 2. Streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities. ` 3. The developer shall grade all streets to final elevation prior to the installation of x the gas lines and provide Enbridge Gas Distribution Inc. with the necessary, field survey information for the installation of the gas lines. pr- d... 4. It is understood that the natural gas distribution system will be installed within the.proposed road allowance. In the event that this is not possible, easements i . ' will be provided at no cost to Enbridge Gas Distribution Inc. Et . I ATTACHMENT # & To 228 REPORT # PD 03 Enbridge also requests that the owner / developer contact our Regional Sales Development department at their earliest convenience to discuss installation and clearance requirements for main, service and metering facilities. Yours .truly, Tony Ciccone Manager, Network Analysis Distribution Planning (41.6) 758-7966 (416) 758-4374 - FAX TC: L SEP-29-2008 MON 01.'18 PM veridian ATTACHMENT # TO REPORT # PD- b.310 229 VEPJDI,kN C o N N< C T 1 O N 5 DEVELOPMENT APPLICATION REVIEW PROJECT NAME: Cougs (Tillings) Ltd. ADDRESS/PLAN: Part of Lot 20, Concession 3 MUNICIPALITY: Pickering REF NO.: SP-2005-04,A 36/05 SUBMISSION DATE: September 5, 2005 The following is an overview k )C the general requirzmenl's the Applicant'is lilcely to meet in order to obl"44 a complete ClCctncal power supply sy6'tem to this site and within the site where subdivision in some, forin is involved. The comments below arc based on preliminary information only anti cure subject to revision, In all cases Veric1hui s standard Conditions of Service document sets out the requirements, terms and conditions for the provision of electric service. This review does not cons,dnite an Offer to Connect. 1. Electric ;civice is not cuirently available on the road allowance(s) directly adjacent to this property. Servicing will be from Dcrsan Sued and Veridian's supply voltage will be at 27.6 k17. 2. An F_.pansiori will be required. Vcddi.an's existing 411. button facilities rnw be extended on die road allowance in otdcr to reach this project. Existing conditions and municipal requirements will deterinine whether this may be overhead, underground, or n combination. Vithui residential developments all such expansions are underground. 3. Individual metering for each unit is required. 4. A high voltage direct buriod ducted loop underground cable system is required from the designated supply . point(s) at. Dc.rs:m Street to a transformer location(s) on dic property, all at the Applicant's cost. 5. The Applicant must make direct application to Veridinn for electrical servicing as soon as possible. A written, faxed or Cmarl request will permit Verldlan to begin the work necessary to identlfp specificrequirements and, arrangements and related work for this project, and to make an. Offer to Connecr. The applicant is cautioned that tenders, contracts, or work they may initiate pttor.to obtaiiung an Offer to Connect. from Vericlian may create conflicts with the route of and derails of the electrical servicing set out in die Offer to Connect for which Veridian can bear no responsibility. 6. A Servicing Agreement must. be signed with Vefidian in order to obtain servicing for this Hite. 7. 7"lic electrical irntallarion(s) from the public road allowance up to die service entrance and all meterink arrangements rnuyr comply with Veridian's recluireneiuts and specifications and clay also be subject to the requirements of the Electrical Safety Authority. 6. l?rior to obtsuuuny; a building permit, the Municipality may require the Applicant to provide evidence of having obtained and accepted an Offer to Connect. SEP-29-2008 MON 01:18 PM veridian ATTACHMENT - __7-TO REPORT # PD 83 23,0 Where cranes or material handling, equipment or workers must: Worlc in proxunigr to exihting overhead wires, %vherc there is risk of contact. or coming within the ITZ rs of approach, the Applicant shall pay all costs foy the temporary relocation, burial, or other protection of the wires, of whatever other action is deem.cd necessary by Vericlian to provide for worker safety and the security of the electrical system. 10. Landscaping, specifically Ixees, shrubs, other should he located/relocated away CTorn Vcddh-m's transfo=cr., to avoid interference with equipment access. 11. Veridian has no objection to the proposed development. Please direct the Applicant to con I t-nct.Vcridian as soon ;ss scrvlcmg is contemplated, municipality, Please forward a, copy of first submission civil design I:o V=idian. Please note Chat an Offer to Connect musr be completed at least six (G) months prior to Elie requited electrical servicing date, 1 Technical Representative: "Fred lWainger, C.E.T. Telephone: Ext. 3255 PP/df 1':\dfrizzell\Development Application Review\Pickerins\2008\Cougs - Tilings Road - September 5, 2008.doc I'agc 2 of 2 Form. #EC0002 Vcridian Connections Development Application Rcview Rev. Date -July 15, 2008 „ ATTACHMENT # /g . TO REPORT # PD • Be// 231 Development & Municipal Services Control Centre Floor 5, 100 Borough Drive Scarborough, Ontario M1P 4W2 Tel: 416-296-6291 Toll-Free: 1-800-748-6284 O CT 1 6 2008 Fax: 416-296-0520 CITY OF PICKERING October 8, 2008 PLANNING & DEVELOPMENT DEPARTMENT Town of Pickering Planning Department 1 The Esplande Pickering, Ontario L1V 6K7 Attention: Ross Pym Dear Sir/Madam: RE: Draft Plan of Subdivision West of Tillings Rd., North of Dersan St. Your File No: SP-2005-04, A 36/05 _ Bell File No: 41775 A detailed review of the revised Draft Plan of Subdivision has been completed. The following paragraph(s) are to be included as Conditions of Draft Plan of Subdivision Approval:. 1. The Developer is hereby advised that prior to commencing any work within the-Plan, the Developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the-event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extensioni of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 2. The owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing. decisions. -In the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be, responsible for the relocation of such facilities or easements. /IL vancouver 2010 - PREMIER NATIONAL PARTNER ATTACHMENT # TO 2 3 2 REPORT # PD 63-lo If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for re-arrangements or relocations. Should you have any questions please contact Janice M. McConkey at 416-296-6430. Yours truly ohn La Cha elle, MCIP, RPP Manager - Development & Municipal Services, Ontario Sep.18, 2004 11:17AM ATTAbHMEPJT # 19 TO 233 REPORT # PQ o3l1D Picketing Civic Complex c One The Esplanade l I Pickering, Ontario 1 Canada LIV 6K7 Direct Across 905,420;4660 Toll Free 1,866,683,2760 cityofpickehng.com PLANNING 8, DEVELOPMENT DEPAR ENT . Department 905,420.4617 ~Q Facsimile 905.420:7648 f-Z~ -Ito 8- Pp lan&devl@city.pickering.on.ca ~coE` e 9 11009, Subject: Revised Draft Plan Submission SEPF PICA Draft Plan of Subdivision Application SP-2005-04 G1TN 0GpP Zoning -By-law Amend ment.Application A 36/05` Cougs (Tlllings) Ltd. Part of Lot 20, Concession 3 City of Pickering Attached, please a find copy of a draft plan of.sub'diuisian regarding the.subject application. Return of your comments/cot ditions.within•four (4) weeks of the'above date would be appreciated. If you have any questions, please contact'Ross Pym at extension. 2034. Revised submission bf proposed draft plan of subdivision Attached is a copy of the revised submission of the draft plan of subdivision. 71~ Koss MCIP, RPP: Principal Planner- Development Review Attachment(s) COMMENTS/CONDITIONS; We have no objections. EuRVADin, E PcPEUA lac 1~,~y _ ACt Ll Tic A- r) =A-c`3F atel Signed: Date: 1809 CIRCULATION LIST.-' 173 Mayor Councillors p Veridian Corporation ❑ Chief. Administrative Officer El Bell Canada ❑ City Solicitor .0 Rogers Cable Q City Clerk 0 Enbridge Gas ❑ Fire Chief TRCA ❑ Director, Corporate Services and-Treasurer ❑ CLOCA ❑ Director, Planning and Development J 9 Hydro One . Networks Inc, • ❑ Director, Operations and Emergency Services . Q Ontario Power Generation Division Head, Culture and Recreation Q Ministry of Transportation ❑ Division Head,. Municipal Property anct Engineering ❑ GO Transit ❑ Manager, Development Control El' CNR ❑ Manager of Transportation R1. CPR &134 ATTACHMENT # 20 TO REPORT # PD_ /O ICI I I PICKERII G MEMO To: Ross Pym December 3, 2009 Principal Planner - Development Review From: RobertStarr Manager, Development Control Copy: N/A Subject: Revised Draft Plan Draft Plan of Subdivision SP-2005-04 Zoning By-law Amendment Application A36/05 Cougs (Tillings) Ltd. Part Lot 20, Concession 3 City of Pickering We have reviewed the above noted application and provide the following comments:. 1) A noise study must be completed that would address requirements and or restrictions as it would relate to development directly adjacent to the City's Operations Centre. The report must take into consideration the use of the facilities, the extended hours of operation, and equipment normally related to this operation. 2) Chain. link fencing, as a minimum, will be required as follows: a) West flankage of Block 99 b) Rear of lots 1 to 15 .c) South flankage of lot 15 (pending noise study) d) Along South limit of Street "A" (Pending noise study) Fencing should comply with City standards and applicable fencing By-law. 3) Satisfy the City with regard to the establishment, within this development, of a geodetic benchmark that ties into the existing City of Pickering benchmark system. Number and placement to be established during detailed design. 4) Roads to be constructed as per City of Pickering Design Standards as identified in the approved ESP and as per detailed engineering plans. 5) Street "A" °B" & "C" - Access to Tillings Road must be addressed as a condition of draft approval as well as the reconstruction of Tillings Road to a 22 m R.O.W. ATTACHMENT #--20 TO 235 REPORT # PD ~O 6) Reconstruction of Tillings Rd. south of SP-2005-04 to be a condition of approval and cost sharing addressed in the subdivision agreement. 7) Storm sewer and stormwater management to be completed in accordance with approved ESP, functional servicing and stormwater report and detailed engineering plans. 8) Satisfy the City with regard to their contribution to the City's stormwater management maintenance fee. 9) Development of this draft plan will be dependant on the acquisition of lands for and construction of a Stormwater Management Pond to the satisfaction of the City. Easements will be required for the outfall and access to the outfall. 10) Traffic management plan will be required to identify all traffic signage, including street name sign, traffic control signs and applicable warning and information signs/markings. This plan must take into consideration proposed development beyond the limits of this site. 11) A utility coordination plan will be required for this development and must address all utilities, boulevard. tree planting, driveway aprons, Canada Post, etc 12) A construction management plan will be required to address such items as, but not limited to erosion and sediment controls during all phases of construction including inspection and maintenance requirements, controlled access locations, vehicular parking of site workers and trades during all phases of construction , material stockpiles, construction compound, street cleaning, .etc. 13) The north, east/west road connection between Tillings Road and Brock Road must be constructed to the satisfaction of the City and as a condition of draft approval for this development. Cost sharing to be addressed in the subdivision agreement. 14) Sidewalks will be required .as follows: a) Both sides of any 17.Om ROW (Street "A" & Township Road) b) On 15.5 m R.O.W -North side of Street B & C 15) As a condition of Draft approval applicant must enter into a Subdivision Agreement with the City.that must address such matters as, but not limited to, cost sharing, completion time limits, maintenance and monitoring, easements, roads, servicing, stormwater management, easements, fencing, lot grading/sodding, boulevard tree planting/landscaping, driveway aprons, traffic management, utilities, securities and insurance. December 2, 2009. Page 2 Draft Plan of Subdivision SP-2005-04 Zoning By-law Amendment Application A36/05 Cqugs (Tillings) Ltd. ATTACHMENT TO 2 3 6 REPORT # PD J f0 16) Construction and. servicing of "Township Road" should be a condition of draft approval, with conveyance, construction and cost sharing addressed in the subdivision agreement. 17) Access, to the satisfaction of the City must be available at all times (24 hrs/day 7 days/week) for the City's Operations Centre, during any servicing/reconstruction work on Tillings Road. RS:jlm JADocuments0evelopment ControllBOBSTARRWemostappllcationsbraR plan\RosstSP2005-04.Coc December 2, 2009 Page 3 Draft Plan of Subdivision SP-2005-04 Zoning By-law Amendment Application A36/05 Cougs (Tillings) Ltd. ATTACHMENT # 21 TO REPORT # PD 03-/D 237 Citq oo ICI ' g I I - PICKERING Memo To: Ross Pym December 17, 2009 Principal Planner- Development Review From: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Copy: Director, Operations & Emergency Services Subject: Cougs (Tillings) Ltd. File: 0-4020 - Subdivision Plan The Municipal Property & Engineering Division has reviewed the above noted Plan of Subdivision and provides the following comment. The draft plan provides for too many minor intersections with Tillings Road with inadequate spacing between intersections. The number of intersections must be reduced and limited to major points of ingress/egress for the subdivision. The road where intersections are to be eliminated would need to be reconfigured to allow for enough radius to provide permanent turning circles. These changes will also affect lotting patterns. RH:ds I~ 23f3 cif o~ Report to Planning & -Development PICKERIN Committee Report Number: PD 04-10 Date: January 4, 2010 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 18/09 2121401 Ontario Limited (V!VA Retirement Living Corp.) 1884 Glengrove Road (Lots 42, 43, 44 and Part of Service Road, Plan 509) City of Pickering Recommendation: 1. That Report PD 04-10 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 18/09 be approved to permit a retirement home and day care centre on lands being Lots 42, 43, 44 and Part of Service Road, Plan 509; and 3. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 18/09, as set out in Appendix I to Report PD 04-10, be forwarded to City Council for enactment. Executive Summary: The applicant requests an amendment to the zoning by-law to permit a 135 unit rental retirement residence on the subject lands (see Applicant's Submitted Plan - Attachment #2). An associated day care centre for approximately 25 to 30 children is also requested. The site is comprised of three residential lots and an untraveled portion of City-owned Glenview Road: the northerly lot fronts onto Glengrove Road and the two southerly lots front onto the untraveled portion of Glenview Road which lies adjacent and parallel to Kingston Road on the west side of Glengrove Road (see Attachment #1 - Location Map). The proposal is compatible with the surrounding land uses and is considered an appropriate design that conforms to the Downtown Core and Kingston Road Corridor Urban Design Development Guidelines. Introduction of the proposed retirement home will increase the number of people in the downtown core, thus providing greater support to existing businesses and transit. The intensification of land use will also result in an improvement to the economic sustainability of the area. The recommended draft zoning provisions address minimum and maximum permitted building height and building footprint restrictions. This will ensure balancing the need for appropriate physical transition to residential neighbours with the requirement to .provide a pedestrian supportive streetscape and transit supportive intensification for this site located next to a regional transit spine within the Downtown Core. 2 3 9 Report PD 04-10 January 4, 2010 Subject: 2121401 Ontario Limited (V!VA Retirement Living Corp.) (A 18/09) Page 2 The application is recommended for approval. The implementing by-law is appropriate as it implements the Official Plan, is in accordance with Provincial policy and constitutes appropriate land use planning. The conveyance of portions of untraveled Glenview Road to the applicant will be required to implement the proposed development. In May 2009, Council passed Resolution #133/09 authorizing staff to commence the process of stopping-up, closing and declaring surplus the City-owned lands to prepare them for possible conveyance to VIVA Retirement Living Corporation. Staff has initiated this process and will provide a formal report to Council to implement the disposal of the City-owned lands following Council's consideration of this Zoning By-law Amendment Application. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: The applicant's proposal is aligned with the site planning level of sustainability principles of the Draft City of Pickering Sustainable Development Guidelines. It achieves the Level 1 requirements for Guideline #2 (Plan of Subdivision, Site Plan, Rezoning and Building Permit Guidelines). It is an infill project that provides the opportunity to redevelop lands in a form that represents an appropriate intensification of the site and takes advantage of existing infrastructure within the City's urban area. Specific sustainability features include: • provision of a community use - housing type to provide diversity; • adjacent to a Regional Transportation Spine; • providing an integrated day care centre to serve the neighbourhood; • intensification/compact urban form; • reduction of reliance on the automobile; • enhanced pedestrian environment; • employment opportunities; • recycling encouraged; • energy and resource efficiency; and • Victory Garden - supply of local food for facility and potential food bank use. The applicant's current site plan incorporates these elements. In addition, there will be an opportunity to improve this rating still further as additional sustainability factors become available through site plan review and detailed building design. Report PD 04-10 January 4, 2010 ~Apct: 2121401 Ontario Limited (V!VA Retirement Living Corp.) (A 18/09) Page 3 Background: 1.0 Introduction The owner of the properties, 2121401 Ontario Limited (V!VA Retirement Living Corp.), proposes a retirement home and day care centre uses on the subject lands, located at the northwest corner of Kingston Road and Glengrove Road (see Attachment #1 - Location Map). The site currently supports two detached residential dwelling units, one vacant and one occupied. The houses will be removed should the development proceed. The applicant has submitted a conceptual site plan proposing a flat-roofed, six storey building, stepping to four storeys on the north and southwest sides and containing 135 units comprised of 31 assisted daily living (ADL) units and 104 independent living (IL) dwelling units. A daycare centre for 25 to 30 children is proposed for the ground floor of the building. The building is to be located in close proximity to the street rights-of-way in order to create a street edge for Kingston Road in accordance with the Kingston Road Corridor Urban Design and Downtown Core Development Guidelines. The applicant's submitted concept plan and elevations are provided for reference (see Attachments #2 & #3). An Outline of Sustainable Initiatives, Planning Analysis Report, Phase I Environmental Site Assessment, Limited-scope Phase II Environmental Site Investigation, Parking and Traffic Study, Functional Servicing and Stormwater Management Report, Environmental Noise Analysis, Shadow Studies A901 - A904 (see Attachment #4), in addition to plan and elevation drawings have been submitted in support of the application and are available for viewing at the Planning & Development Department. 2.0 Comments Received 2.1 At the November 2, 2009 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #6 & #7) A number of residents attended the public meeting. Two residents spoke about the proposed development voicing the following questions and concerns: • the amount and duration of shadowing by the new building of the residential properties; • whether sufficient parking was being accommodated; • traffic congestion and parking impacts on neighbouring properties; • where the boundary to commercial development in the.existing residential neighbourhood would be established; • whether Glengrove Road would need to be upgraded to accommodate commercial weight vehicles; • whether the existing sewer system could handle the increased commercial use; Report PD 04-10 January 4, 2010 Subject: 2121401 Ontario Limited (V!VA Retirement Living Corp.) (A 18/09) Page 4 241 • whether excavation for the development would affect existing water levels; • who would be responsible for any damage done to homes in the area by construction activities to homes in the area; • that six storeys was too high considering the closeness of the development to existing homes affecting rear yard privacy; and • whether the same number of trees would be planted on the site as would be removed by development; Dr. Donald Roden, owner of Sheridan Veterinary Services, located directly to the west of the subject property, addressed the Committee and voiced the following concerns: • that the proposal lacked vision and was insufficiently unique as a precedent setting development; • that there may be problems with parking and traffic congestion; • that the building was too close to Kingston Road; • that the building was too tall and dense; • that the tree buffer between his property and the development would be lost; • that there had been no public transparency regarding the sale of the untraveled portion of Glenview Road (noting that he had submitted a letter regarding the purchase of the land); and • that the loss of visual prominence of his property would have a negative effect on his business. 2.2 Written Public Submissions on the application Residents residing at 1892 Glengrove Road submitted written comments summarizing their oral presentation subsequent to the public meeting (see Attachment #8). Residents residing at 1896 Glengrove Road submitted a letter and an email outlining their concerns and spoke with staff in regard to their concerns (see Attachments #9 & #10). Beyond concerns that were voiced at the public meeting, they also noted the following development related issues: • potential interference with radio and satellite signals; • potential impedance to the sound of the City's clock chime; • potential impedance to the sound of the Pickering nuclear warning system; • light intrusion from the parking lot; • increased congestion during a potential nuclear evacuation event. Dr. Donald Roden submitted a letter prior and two letters subsequent to the public meeting summarizing his comments made at the public meeting (see Attachment #11). Report PD 04-10 January 4, 2010 ' a6-eEt: 2121401 Ontario Limited (V!VA Retirement Living Corp.) (A 18/09) Page 5 2.3 City Department and Agency Comments Region of Durham - the proposed amendment is consistent with the Planning Department Region's policies to develop higher density development (see Attachment #12); Region of Durham - municipal water supply and sanitary sewer Works Department service is available to the subject property; - the proposal does not present any significant Durham Region Transit or transportation impacts (see Attachment #12); Municipal Property & - the project has no significant impact on Engineering Division . transportation or traffic; - stormwater management concerns will be dealt with at the Site Plan Approval Stage (see text of information report, Attachment #13); - cash-in-lieu of 5% of the area of the subject land (less the untraveled portion of Glenview Road); will be required at the Site Plan Approval Stage; Development Control - comments will be dealt with through the site plan control process (see Attachment #14); Veridian Connections - no comment on this application. No other agency that provided comment has any objection to the subject applications. 3.0 Discussion 3.1 The Proposed Uses and Built Form Massing is Supportable and Complies with the Official Plan Most of the subject lands are designated Mixed-Use Area - Downtown Core (Town Centre Neighbourhood) while the lot located at the northern part of the site is designated as Urban Residential Area - Low Density (Liverpool Neighbourhood). The proposed retirement home and day care centre are permitted in both designations. Situated within the Downtown Core, adjacent to a regional transit corridor, the subject land is considered an appropriate location for a retirement home of this size and the proposal is further supported by the Provincial Growth Plan. Report PD 04-10 January 4, 2010 Subject: 2121401 Ontario Limited (V!VA Retirement Living Corp.) (A 18/09) Page 6 43 The Official Plan permits a floor space index (total building floor space divided by the total lot area) of up to and including 3.0 FSI for the Downtown Core. The proposal has an FSI of 1.56. The proposal provides for a set-back of almost 30 metres from the residential property to the north. The building itself is also located well outside of the residential designation. 3.2 The Boundary of the Downtown Core is not being Expanded into the Liverpool Neighbourhood to Accommodate this Development The Official Plan recommends that restrictions on size, height and/or floor space of non-residential developments be considered within Urban Residential Areas where neighbourhood character warrants. The proposal considers neighbourhood character by restricting the building location to the area of the site that is designated Mixed Use Area- Downtown Core. The portion of the subject property designated as Urban Residential Area - Low Density contains no buildings and allows for a landscape buffer that is 50% wider than is usually required by the City. 3.3 The Proposed Development is Considered Compatible with the Existing Neighbourhood I Both the Kingston Road Corridor Urban Design and Pickering Downtown Core Development Guidelines envisage redevelopment of the subject lands toward creating a "mainstreet" character for the community. The guidelines recommend that (due to the very wide right-of-way proposed for Kingston Road) base buildings be a maximum of six to seven storeys. The proposed development locates such a six storey base building in close proximity to Kingston Road in order to create a sense of containment for the road, to help make the streetscape pedestrian friendly, and to provide a noise buffer to the, residential lands to the north. The zoning by-law will establish a build-to-zone to ensure adherence to these principles. The applicant acquired the residential property to the north of the main property in order to better integrate the project with the adjacent neighbourhood. This additional lot was incorporated into the development site to allow for "transition" in the form of increased separation distance and increased landscape buffer adjacent to the low density residential area to the north. The provision of additional transition distance is considered to be an acceptable alternative to providing a lower base building in this location. The shadowing effect of the proposed building is minimal on neighbouring properties (see Attachment #4, Shadow Studies). Report PD 04-10 January 4, 2010 Subject: 2121401 Ontario Limited (V!VA Retirement Living Corp.) (A 18/09) . Page 7 i 4 In fact the proposed retirement residence's shadow falls within the existing Tridel condominium's shadow for the morning hours on the shortest days of the year (see Attachment #5, Addendum to Shadow Study for.Tridel Building). As the VIVA shadow shifts eastward through the day, it would graze one residential property on the east side of Glengrove Road just before sunset. No summer shadowing effect and very little shadowing effect in spring and fall would be caused by the proposed building. Staff have met with residents residing at 1892 Glengrove Road, the second lot north of the subject property, to discuss potential shadowing impacts and other concerns regarding the proposal. These residents are generally satisfied that their concerns have been or will be addressed-through the site plan review process. 3.4 Applicant has satisfied Dr. Roden's Concerns with Regard to Tree Preservation and Potential Loss of Visibility Dr. Roden has met with the applicants to discuss his concerns regarding the development. Dr. Roden has communicated to staff that the applicants have agreed to modifications to the proposal which satisfy his concerns. Modifications to the building footprint may occur through the site plan review process. 3.5 Traffic Impacts Resulting from the Proposed Development are Considered to be Minimal and no Upgrading of the Glengrove Road Surface is Required The Region's .Transportation Department and the City's Transportation Engineer have accepted the findings of the Parking and Traffic Study submitted in support of the application. The study determined that the on-site parking (based on study review of retirement homes and day care centres) is over-supplied by 38 spaces. Further, the study concluded that traffic generated by the new retirement home and day care centre would not have any significant effect on traffic operations at intersections or on roadways in the area except that the southbound movement in the pm peak will operate with an acceptable (D), but not good (A, B, or C) level of service. Any required improvements to the intersection at Kingston Road and Glengrove Road will be further reviewed and addressed through the site plan review process. Vehicular access to the site is from Glengrove Road at a sufficient distance from the Kingston road intersection. This access location addresses the Region's requirement to avoid vehicular conflict with Kingston Road traffic. On-street parking is not anticipated as a result of this development, as the entry doors on the Kingston Road/Glengrove Road sides of the building will not provide general access to the building. On-site parking requirements will be included in the zoning by-law. Report PD 04-10 January 4, 2010 Subject: 2121401 Ontario Limited (V!VA Retirement Living Corp.) (A 18/09) Page 8 245 3.6 Existing Sewer Mains Can Accommodate the Waste expected from the Proposed Retirement Home and Day Care Centre The Regional Works Department has indicated that existing services (water and sanitary sewer) are available for the proposed uses on the subject lands. 3.7 No Changes to Ground Water Levels are Expected Neither the Regional Works nor the City Municipal Property &Engineering Departments have any concerns respecting the impact of this development on ground water levels in the area. Detailed engineering drawings will be reviewed through the Site Plan Review Process. 3.8 Assurances are to be Provided to Adjacent Neighbours Respecting Potential Damage from VIVA Construction VIVA and their geotechnical consultants have agreed to meet with adjacent neighbours to discuss concerns about potential damage from construction and to provide the required assurances that the construction of the VIVA project will not result in structural damage to their homes (see letter from applicant, Attachment #15) I 3.9 Cash-in-Lieu of Parkland Will be Required at the Rate of 5% of the land appraisal as valued on the day before issuance of building permit The City's Parkland-Dedication By-law prescribes the rate of parkland dedication for non-commercial and non-industrial development to be-5%. Municipal Property & Engineering has advised that additional parkland is not required for this neighbourhood at this location. Therefore cash-in-lieu of parkland dedication will be required and secured through the site plan agreement. 3.10 The highest and best use of the untraveled portion of Glenview Road is to support appropriate development on adjacent lands that achieve desired downtown intensification. The integration of the untraveled portion of Glenview Road with the abutting lands to the north allows for the creation of a development site of sufficient size to accommodate desired downtown-scale development. The inclusion of this right-of-way also enables the proposed retirement facility to be located closer to Kingston Road and at a greater distance from the low density residential neighbourhood to the north. In May of 2009, Council passed Resolution #133/09 authorizing staff to commence the process of stopping-up, closing and declaring surplus the City-owned lands to prepare them for possible conveyance to VIVA Retirement Living Corporation. Report PD 04-10 January 4, 2010 Subject: 2121401 Ontario Limited (V!VA Retirement Living Corp.) (A 18/09) Page 9 " 24 Staff has initiated this process and will provide a formal report to Council to implement the disposal of the City-owned lands following Council's consideration of this associated Zoning By-law Amendment Application. A required two metre road widening from the City-owned lands will be conveyed to the Region of Durham to accommodate the future road cross-section and public transit infrastructure planned for Kingston Road. 3.11 Site Plan Matters Will be Addressed The proposal takes the applicable Development Guidelines into consideration. All site development matters concerning the City will be more thoroughly addressed through the Site Plan Approval process, which will review items such as, but not limited to, zoning compliance, building massing, fagade improvements, outdoor lighting and light intrusion, accessibility, parking location, site access, and landscaping including identification of specific trees to be retained and the number and spacing of trees to be planted. 3.12 A Site Specific Amendment to Zoning By-law 3036 should be enacted Appendix I to Report PD 04-10 contains the recommended amendments to the zoning by-law. The provisions included in the draft Zoning By-law relate to proposed uses that are supported by the Official Plan, and applicable Development Guidelines and have been tested in similar situations within the Downtown Core and the South Pickering Urban Area (Chartwell, Parkway Retirement Home). The By-law includes: a) restrictions on the permitted uses; , b) a minimum building height requirement of 12 metres; c) a maximum building height requirement of six storeys and 21 metres; c) zoning requirements respecting building location; d) appropriate parking requirements for retirement home and day care uses; e) Maximum Floor Space Index; and f) maximum.gross floor area for the day care use. 4.0 Applicant's Comments The applicant is aware of the content of this report and concurs with the recommendations of the report. APPENDIX: Appendix I: Draft Zoning By-law Report PD 04-10 January 4, 2010 Subject: 2121401 Ontario Limited (V!VA Retirement Living Corp.) (A 18/09) Page 10 ~247 Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Building Elevations 4. Shadow studies 5. Tridel Building Addendum to Shadow Studies 6. Text of Information Report 7. Minutes from November 2, 2009 Statutory Public Meeting 8. Resident Comments (Attachments #8 - #10) 11. Comments from Sheridan Veterinary Services (Dr. Roden) 12. Comments from Durham Region Planning Department, dated October 22, 2009 13. Comments from Stormwater & Environmental Engineer, dated October 7, 2009 14. Comments from Manager, Development Control, dated November 16, 2009 15. Letter from Rob Freeman (Applicant) dated November 26, 2009 Prepared By: Approved/ Endorsed By: Isa Ja , MCIP, RPP Ne4CarCIP, RPP Plann II Director, Planning & Development Lynda aylor, MCIP, RPP Manager, Development Review IJ:jf Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Recommended for the consideration of Pickering City Council 10 Thomas J. uin , RD R., CMM41f Chief Administrative Officer I APPENDIX I TO 2 4 8 REPORT PD 04-10 DRAFT ZONING BY-LAW AMENDMENT APPLICATION A 18/09 ~I 49 THE CORPORATION OF THE CITY OF PICKERING 2 BY-LAW NO. AS 7W Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham on Lots 42, 43, 44 and part of Service Road, Plan 509, in the City of Pickering. (A 18/09) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of retirement facility; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS, AS FOLLOWS: 1. SCHEDULEI Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 21, Concession 1, in the City of Pickering, designated "MU-(IN)" on Schedule-I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Build-to-zone" shall mean an area of land in which all or part of a building elevation of one or more buildings is to be located; By-law No.~ Page 2 ~7 ' 2 5) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of The Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (3) "Floor Space Index" shall mean the ratio of the aggregate of the floor areas of the specified use or uses established or to be established in a zone (excluding any building or part of a building below grade), to the area of that zone; (4) "Gross Leasable Floor Area" shall mean the aggregate. of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (5) "Retirement Home" shall mean a building or part of a building providing accommodation primarily for retired persons where each private bedroom or living unit does not include a stove top and oven, does have a separate entrance from a common hall, and where common facilities and services maybe provided for the residents including personal services, the preparation and consumption. of food, nursing services, common lounges, recreation rooms and ancillary support. offices; (6) "Storey„ shall mean that portion of a building other than a basement, cellar or attic, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it; (7) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon. 5. PROVISIONS (1) Uses Permitted ("MU-(IN)"Zone) No person shall within the lands designated "MU-(IN)" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: By-law No. Page 3 51 (i) day nursery; (ii) retirement home; (2) Zone Requirements ("MU-(IN)" Zone) No person shall within the lands designated " MU-(IN)" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) FLOOR SPACE INDEX: Maximum 1.7; (ii) BUILDING HEIGHT: Minimum 12 metres; Maximum 6 storeys and 21 metres; (iii) BUILDING LOCATION AND SETBACKS: A Buildings and structures shall be located entirely within the building envelope shown on Schedule I attached hereto; B No building, part of a building, or structure shall be erected unless 100% of the length of the build-to-zone, as illustrated on Schedule I attached hereto, contains a building or part of a building; C Despite clause A above, minor landscape elements such as raised planting beds, screening walls, gazebos and patios, shall be permitted beyond the limits of the building envelope identified on Schedule I attached hereto, but no closer than 0.5 metres from the limits of the lands on the south, east and west sides and 4.5 metres from the north property limit; (iv) PARKING REQUIREMENTS: A There shall be provided and maintained a minimum of 4.5 parking spaces per 100 square metres of gross floor area for day nursery uses; B For retirement home uses, there shall be provided and maintained a minimum of 0.2 parking spaces per living unit for residents, and 0.05 parking. spaces per living unit for visitors; I By-law No. Page 4 2152 C All entrances, and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; D At grade parking spaces and aisles shall be located a minimum of 3.0 metres from the west lot line and 4.5 metres from all other lot lines; (v) SPECIAL REGULATIONS: A The maximum gross leasable floor area for day nursery use shall be 150 square metres; B Clauses 5.9, 5.18, 5.21.1, 5.21.2(a), 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(f), 5.21.2(g), and 5.21.2(k) of By-law 3036, as amended, shall not apply to lands designated "MU-(IN)" on Schedule I attached hereto. C Despite clause 2.8 of By-law 3036, as amended, parapet walls shall not be included in the calculation of "building height". 6. BY-LAW 3036 (1) By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this day of 12010. David Ryan, Mayor Debbie Shields,`(Acting) City Clerk 253 o ' 75.8m Q . ~ O 00 00 (V I W r 2.5m'i 0 MU- (IN) z CV' - 4.5m W . N I PLAN 509 LOTS. 42-44' ' r- O ( n p I M i o-=3.0m 4.5m ~p~ r O 4CONCESSION . 1 NORTH PART OF QO~ LOT 22 \ 2.5m \ \ Vol 2 5 \v r _ BUILDING ENVELOPE ® BUILD-TO ZONE N SCHEDULE I TO BYeLA'1N PASSED THIS DAY OF 2010 ATTACHMENT#1-TO 254 REPORT# PD. - v o ~ EVERTON STREET o 0 D w z Q ~ 0 LANE w w w } N d o a SQUARE > ~ o~y BOULEVARD FIELDLIGHT o ~ CRESCENT ~O ,P ~J ROSEFIELD ROAD TTT7 r w GLENGROVE GLENGROVE PUBLIC SCHOOL v PARK ROAD Li z w X1(0 BRANDS COURT > 0 0 c(Y-a PENN , 1896 w 1892 SUB T P~Q~'M°R~ AD O R SOV PRE Go o T U TRA LLE P T1 FR F PICKERING N40 RECREA RON SP`PNPpE '5-w COMPLEX ~ptJ p E ESPLANAD Q S c( SN ~~~G F~ PICKERING 9~2 CIVIC COMPLEX AND PARK p~EFENBAKER COU y ENTRAL LIBRARY SOV(N W pO0 ~sq\_ pE J jHE > City of Pickering Planning & Development Department PROPERTY DESCRIPTION LOTS 42, 43, 44 AND PART OF SERVICE ROAD PLAN 509 07\ OWNER 2121401 ONTARIO LTD. (VIVA RE=TIREMENT RESIDENCE) DATE NOV. 26, 2009 DRAWN BY JB FILE No. A 18/09 SCALE 1:5000 CHECKED BY IJ H c a: aTeronetr Enterprises Inc. and its suppliers. All rights Reservetl. Not o plan of earve,,. PN_8 2009 MPAC and its suppliers. All rights Reservetl. Not a plan of Survey. ATTACHMENT#..~.-.~.TO n r, r REPORT# PD_ o INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN A 18/09 2121401 ONTARIO LTD.(VIVA RETIREMENT RESIDENCE) N72'47'55"E 75.83 9 <..~all~ R~ Y - T-I ['-7777 2i 'V ryY _ r i LLJ N o 0 S7 a ROTOREY4ROSapREY : Z ` g4aM'~1a`~' J K C~ `0 ti us 6 STOREY ROOF a 1 STOREY ROOF y . (STAIR O F) . "a PENTHOUSE J y y ~ MECAHNICA / RETIREMENT ~OMMUNIITY, rl* ROOF HATCH FROM STNR . 4 STOREY ROOF o / - PO o O THIS MAP WAS PRODUCED BY THE CITY OF PICKERINC, - PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SEROCES OCT 6, 2009 ATTACHMENTA. ! -TO REPORT# PD 1 25! 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R, I zz-, f'" e ~,Z_ ~y \ N=o= w=~o F. w ,v ATTACHMENT ~ 2 6 2 REPORT# PD--.O//- /0 cay o~ ICI I I PICKERING INFORMATION REPORT NO. 09-09 FOR PUBLIC INFORMATION MEETING OF November 2, 2009 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter PA3 SUBJECT: Zoning By-law Amendment -A 18/09 2121401 Ontario Limited (V!VA Retirement Living Corp.) 1884 Glengrove Road (Lots 42, 43, 44 and Part of Service Road, Plan 509) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located at the northwest corner of Kingston Road and Glengrove Road and is approximately 0.77 hectares in area (see Attachment #1); - one vacant, detached, 1 Y2-storey brick dwelling, one vacant, detached bungalow, a single detached garage and several small storage sheds currently occupy the site. The structures are proposed to be.demolished in the course of the development of the site; - the surrounding land uses are: north - one and two storey residential dwellings; south - Kingston Road and a 16-storey apartment building; west - a veterinary clinic and 4-storey stacked townhouses; east - a medical building housing a chiropractic centre and spa. 2.0 APPLICANT'S PROPOSAL the applicant has requested to amend the zoning by-law to permit a 135 unit rental retirement residence on the subject lands (see Applicant's Submitted Plan - Attachment #2); ATTACHMENT# TO 2 6 3 Information Report No. 09-09 REPORT# PD o Page - the proposed flat-roofed, 6-storey building, stepping to 4-storeys on the north and southwest sides, will consist of 31 assisted daily living (ADL) units and 104 independent living (IL) dwelling units; - the proposed building is to be located at the south and southeast section of the subject property in close proximity to Kingston Road; - living units will be located on the second through sixth floors; - the ADL units will provide a higher level of supervised support and care; - the ADL units will be approximately 31.5 square metres to 50 square metres while the IL units will be approximately 42.7 square metres to 81.7 square metres in size; - communal eating facilities will be provided and none of the living units will be outfitted with cook-tops or ovens; - first floor facilities include: day care for 25 to 30 children, administrative offices, and a variety of amenities, restricted to residents only, including cafe and lounge areas activity lounges, library and gym, craft room, hair salon/spa treatment room, heated salt-water swimming pool; - a theatre will be located in the basement; - outdoor facilities will include play facilities for the day care, walking paths and a garden area; - surface parking for 69 cars. 3.0 OFFICIAL PLAN AND ZONING 3.1 Provincial Growth Plan - Places to Grow, the Provincial Growth Plan for the Greater Golden Horseshoe, identifies the Pickering Town Centre Neighbourhood as an Urban Growth Centre; - Urban Growth Centres are to be planned as focal areas for investment in institutional and region-wide public services, as well as commercial, recreational, cultural and entertainment uses to accommodate a significant share of population and employment growth; - the required review of the Pickering Official Plan (to bring it into conformity with Places to Grow) may result in changes to the boundaries, designations, prescribed densities, and other policies pertaining to the subject and other properties along Kingston Road; 3.2 Durham Regional Official Plan the Regional Plan designates the subject property Urban System - Regional Centre; Urban System - Regional Centres are to be planned and developed as the main concentrations of urban activities within area municipalities, providing a full array of community, office service and shopping, recreational and residential uses; the proposal complies with the Durham Regional Official Plan; ATTACHMENT "1Z -TO Information Report No. 09-09 REPORT# PO Page 3 3.3 Pickering Official Plan - the City of Pickering Official Plan designates most of the subject property Mixed-Use Area - Downtown Core (Town Centre Neighbourhood) and the northern portion of the property as Urban Residential Area - Low,Density (Liverpool Neighbourhood); - the Downtown Core/Town Centre Neighbourhood is intended primarily for .residential, retail, community, cultural and recreational uses at the greatest scale and intensity in the City, serving City-wide and regional levels; - Urban Residential Area - Low Density (Liverpool Neighbourhood) areas are intended for residential uses, home occupations, limited offices serving the area, and limited retailing of goods and services serving the area; community, cultural and recreational uses; compatible employment uses, and compatible special purpose commercial uses serving the area; - the Liverpool Neighbourhood policies require that Council recognize the proximity of its low intensity development relative to the Town Centre Neighbourhood and accordingly, consider the concerns of the nearby residents in the Liverpool Neighbourhood when considering development proposals, for lands in the Town Centre; - the facility is considered to be a Community Use, as the residents will be relying on a central-kitchen facility for their meals. This use is permitted in both land use designations; - no density provisions apply to community facilities; however, the permitted floor space index (FSI) (total building floor space divided by the total lot area) for properties within the Downtown Core is up to and including 3.0 FSI. The proposal has an FSI of 1.56. Restrictions on size, height and/or floorspace of non-residential developments should be considered within Urban Residential Areas where neighbourhood character and/or environmental constraints warrant; - the Compendium Document to the Pickering Official Plan contains development guidelines affecting the lands. Through the rezoning and site plan approval process the proposal will be reviewed to ensure overall conformity with the principles contained within the Kingston Road Corridor Urban Design Development Guidelines and the Pickering Downtown Core Development Guidelines; - the proposal complies with the Pickering Official Plan; 3.4 Zoning By-law 3036 - the subject property is currently zoned "R3" - Detached Dwelling, Third Density Zone; - the existing zoning permits single detached dwellings; - an amendment to the zoning by-law is required to allow the development of the proposed retirement home; - the applicant has requested an appropriate zone that would permit the proposed development. ATTACHMENT#-L-TO Information Report No. 09-09 REPORT# PD Page 4 4.0 PRE-SUBMISSION COMMENTS AND CORRESPONDENCE 265 4.1 Resident Comments a neighbourhood open house was hosted by the owners and applicant on June 17, 2009; 25 neighbourhood residents and property owners attended; concerns were raised in regard to traffic, school busses, property values, fencing, adequacy of proposed number of parking spaces, services and site grading, possible future expansion, the provision of day care, availability of medical consultation, the Kingston Road sidewalk location, issues with snow ploughing on Kingston Road and Glengrove Road; - subsequent to the meeting, the Planning & Development Department received a written submission from Dr. Donald E. Roden, owner of Sheridan Veterinary Services, abutting the subject property on the west, outlining concerns regarding traffic congestion and an opportunity for shared access, parking adequacy, building height, building location, loss of existing vegetation, the density of the proposal and loss of visual exposure of his clinic building (see letter Attachment #3). 5.0 RESULTS OF CIRCULATION 5.1 Resident Comments none received in response to the circulation to date; 5.2 Agency Comments - none received to date; 5.3 City Department Comments in. reviewing the application to date, the following matters have been identified by the City's Stormwater & Environmental Engineer: • no objection to the rezoning; however, detailed review of and adjustment to stormwater management design factors will be required prior to site plan approval.(see memo, Attachment #4) 5.4 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • reviewing the studies, reports and plans submitted in support of the application; • ensuring that the proposed development is compatible with and sensitive to existing surrounding development, including traffic, noise, level of activity, scale and intensity of the uses; ATTACHIVIENT# TO Information Report No. 09-09 REPORT# PD off- ~O Page 5 266 • resident and neighbouring owner concerns; • reviewing the application in terms of its level of sustainable development components; • reviewing the application in terms of the constraints and benefits the proposed use will. have on both the subject property and on the surrounding community, given the function of the surrounding community; • reviewing that adequate information has been provided, that technical requirements are met and that the proposed development is appropriate at this location; • finalizing the conveyance of the portion of the service road right-of-way north of Kingston Road to the applicant for development in conjunction with the subject property. 6.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 7.0 OTHER INFORMATION 7.1 Appendix No. list of neighbourhood residents, community associations, agencies and City Departments that have comments on the applications at the time of writing report; 7.2 Information Received - copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering Planning & Development Department: Conclusions summarized here are for information purposes only. Further review and staff/agency comments are still required. - outline of Sustainable Initiatives (comments required from City and Region Engineering) • outlines the provision of a variety of small-scale initiatives; staff may recommend additional initiatives through the course of more detailed review; ATTACHMENT#__ TO Information Report No. 09-09 REPORT# PID 960 Page 6 Planning Analysis Report (comments required from City and Region' ' 267 Engineering) • concludes that the proposal is appropriate, desirable and represents good planning; - Phase I Environmental Site Assessment (comments required from City and Region Engineering) • indicates no evidence of past, potentially harmful activities nor any subsoil/groundwater contamination and no further environmental investigation is warranted at this time; - Limited-scope Phase II Environmental Site Investigation (comments required from City and Region Engineering) • confirms suitability of the subject property for human habitation. No further environmental study is warranted at this time; - Parking and Traffic Study (comments required from City and Region Engineering) • estimates maximum peak parking demand to be 31 spaces. The study concludes that the increase in site traffic will not have any significant effect on traffic operations at intersections or on roadways in the area except that the southbound movement during the afternoon rush-hour will operate with an acceptable, rather than good, level of service. Improvements to the intersections of Glengrove Road, Glenview Road and Kingston Road, including possible right turn lane, the provision of stop lines and centre- line tail pavement markings, would improve operations; - Functional Servicing and Stormwater Management Report (comments required from City and Region Engineering) • finds that all utilities are available to service the site, an on-site stormceptor and rooftop and parking lot detention will provide quality and quantity control of the site-related stormwater; - Environmental Noise Analysis (comments required from City and Region Engineering) • determines that maximum permitted indoor noise levels can be achieved by using appropriate construction materials and methods and by providing air conditioning to the suites. The areas of the outdoor amenity'spaces (including the area of the outdoor day care play area) will experience sound exposures below the Ministry of the Environment (MOE) criterion limit. With proper engineering design, all requirements for mechanical equipment interfacing to the outdoors can be designed to comply with the MOE noise guideline limits. Additional road traffic generated by the proposal will be insignificant relative to existing traffic volumes in the general area, and is not expected to create adverse noise impact; ATTACHMENT- 0TO Information Report No. 09-09 REPORT# PD ~`~~~0 Page 7 268 -Shadow Studies A901 - A904 (comments required from City and Region Engineering) • concludes that some overshadowing of residential properties lying to the north and northeast will only occur between 9:00 AM and 12:00 PM in early winter. No overshadowing of residential properties will occur between 9:00 am and sunset throughout spring, summer and early fall seasons; Site Plan; (comments required from City and Region Engineering); - Elevations A-301 - A-304; (comments required from City and Region Engineering); - Site Grading and Servicing Concept; (comments required from'City and Region Engineering); - Plan of Survey (comments required from City and Region Engineering); - Landscape Plan (comments required from City and Region Engineering); 7.3 Company Principal - the owner of the subject property is 2121401 Ontario Inc. (V!VA Retirement Living Corp.); - Freeman Planning Solutions Inc. (Rob Freeman) is the applicant. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Isa James Lynda Taylor Planner II Manager, Development Review IJ:jf Attachments Copy: Director, Planning & Development ATTACHMM & TO RIPOKU PD O f io 269 APPENDIX NO. I TO INFORMATION REPORT NO. 09-09 COMMENTING RESIDENTS AND LANDOWNERS (1) Dr. Roden, Sheridan Veterinary Services - 1398 Kingston Road COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) Planning & Development Department - Development Control 270 ATTACHMENT# 7 TO REPORT# PD d / o C-ry o~ Planning & Development Committee Meeting Minutes Monday, November 2, 2009 32 7:30 pm - Council Chambers Chair: Councillor McLean PRESENT: Mayor Ryan COUNCILLORS: D, Dickerson R. Johnson B. Littley B. McLean D. Pickles ABSENT: J. O'Connell ALSO PRESENT: T. Melymuk - (Acting) Chief Administrative Officer N. Carroll Director, Planning & Development 1. James - Planner II D.. Shields Deputy Clerk (1) DISCLOSURE OF INTEREST No disclosures of interest were noted. (11) PART `A' INFORMATION REPORTS 1. Zoning By-law Amendment -A 18/09 2121401 Ontario Limited (VIVA Retirement Living Corp.) 1884 Glengrove Road (Lots 42, 43, 44 and Part of Service Road, Plan 509) City of. Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Isa James, Planner II, gave an outline of the requirements for a Statutory Meeting under the Planning Act. She 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 1 2 - REPORT# PO 0_ -/a 271 I Crry o¢ Planning & Development Committee .Meeting Minutes Monday, November 2, 2009 7:30 pm - Council Chambers 33 Chair: Councillor McLean Council-to the Ontario Municipal Board, and, may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Isa James, Planner II, gave an overview of zoning amendment application A 8/09 with the aid of a PowerPoint presentation. Jordan Bernamoff, President of VIVA Retirement Living Corp. appeared before the Committee and with.the aid of a PowerPoint presentation outlined the Pickering VIVA Retirement Community. application.. He noted that the Pickering VIVA Retirement Community was a $30 million dollar privately financed infrastructure project which would benefit Pickering seniors. He also noted that the project would generate 40 60 full and part-time jobs for Pickering residents. He stated-that the on site daycare facility was a great opportunity for inter- generational programming and also provided daycare opportunities for staff working at the retirement facility. He also noted that when developing projects they are-committed to building and operating environmentally sustainable communities. Peter Smith, 1896 Glenview Road, appeared before the. Committee in opposition to the application and noted the following concerns. He questioned whether the shadowing study stated how many houses would be affected by shadowing and for how long. He noted his concerns regarding whether there was enough parking for the development and felt this would increase on street parking and cause additional traffic congestion in the area. Mr. Smith wanted to know when the rezoning from residential to commercial would stop in this area and stated this was originally a residential area which is slowly being changed to commercial which continually affects the residential component of the area. Doreen Adair, 1892 Glengrove Road, appeared before the Committee in opposition to the application. She questioned whether the City had looked into whether Glengrove Road would need to be upgraded to accommodate commercial weight vehicles. She questioned whether the existing sewer system could handle the increased commercial use. She asked if assessments had been done'to determine whether excavation -for the development would affect the water levels. Ms. Adair also noted that when environmental drill testing had been done the equipment had caused vibrations in the area and questioned who would be responsible for any damage done to homes in the area. Ms. Adair also noted that she felt the development of 6 stories is too high considering its closeness to the existing residential homes. She stated her concerns with the loss of existing trees and green space and questioned whether they would be replaced with the same amount of trees as taken out. Ms. Adair also.noted that 2 2 2 ATTACHMENT# REPORT# PQ C-ry Planning & Development Committee Meeting Minutes PLUKERESIG Monday, November 2, 2009 3 4 .7:30 pm - Council Chambers Chair: Councillor McLean she felt the development uses would create additional traffic and on street parking problems. Don Roden, Sheridan Veterinary Services, 1398 Kingston Road, appeared before the Committee in opposition to the conceptual plan being proposed. Mr. Roden noted that he was not opposed to the development just the proposal that was before them. - He felt that the proposal before them had no vision, could have been more creative and felt it could be precedent setting, he felt it was not unique. He noted his concerns regarding traffic and parking congestion, the placement of the building so close to Kingston. Road and the height and density of the building. He also noted his concerns with losing the tree buffer between his property and the development. Mr. Roden felt that there had been no public transparency to the sale of the service road and noted that he had submitted an additional letter regarding the purchase of that land. He felt that no one had approached him to discuss how this would affect his business and whether they could work together. He noted that the restrictive access to his property would be disastrous for his business. Mr. Roden stated'that he would like to work with the developers so that they could cooperate and maybe compromise on some of his issues. Rob Freeman, a representative for VIVA Retirement Living Corp. appeared before the Committee to answer questions of the residents and. go over what had happened at the Open House VIVA held for area residents earlier. He noted that the traffic report that had been done notes that the road network is adequate for this development. He stated that a traffic congestion issue is prominent in the am peak period but is caused due to back up from left hand turning. He noted that if the road was widened to create an additional lane for turning right the problem would probably be alleviated. He noted that if you were to compare their site with the Chartwell site regarding parking, they would have more spaces on their property. He noted that he felt the height was good, there was a large amount of open space within the development and that commercial vehicles visiting the site would not be an issue because it would only be a couple of times per week. Mr. Freeman noted that the excess service road property was in front of their property and he noted that it made sense for VIVA to purchase it. He also noted that he would be happy to sit down with residents regarding concerns about damage to homes during the construction of the development but did not anticipate this to be an issue. He also noted that he would continue to meet with Sheridan Veterinary Services and was hoping to save trees so the Veterinary Clinic had some view blockage and also would be happy to provide additional signage for the area. Mr. Freeman stated that VIVA Retirement Living Corp. was more than happy to work with residents, Council and staff as they go forward. with the development. 3 - - - ►Y • '3 . 2_10c( 09 -O a s-ro l U Zoning Change 18-09 Glengrove Rd . Nov.02/09 E' V c ATTACHMENT#_Z Q TO As a resident of Glengrove Rd I have some concerns I would like to know have beeNO V Q 3 2009 REPORT# PD looked into by the City before approving this development as proposed. CITY OF PICKERIMG PLANNING & DEVELOPMiWr Will the road surface of Glengrove Rd need to be upgraded to accommodate commeP&DRTMENT. 7 weight vehicles. Currently the allowable weight load is reduced in the spring. . 273 Are the current sewer pipes designed to handle the increased volume of commercial 7 waste that will be generated without causing sewage backup. It is my understanding that Viva will be equipped with both a salt water pool and a spa and as other commercial developments follow, the waste volume in the pipes will be even greater. Have assessments been done to determine whether excavation for this proposed 7 development will have any effect on the water level, Glengrove Rd is part of a glen area that already has a high water level. When environmental drill testing was done on the soil on this property the equipment > used caused earth vibrations that were felt in the nearby residences. My concern is what ' type of heavy equipment will be used in the excavation and building process and what kind of damage can happen to our homes. Who would be responsible if damage is incurred to our home due to any of the above scenarios? In regard to the drawings for the new retirement housing I feel 6 stories is too high considering there closeness to the existing residential homes. According to the Pickering Official Plan for the downtown core Kingston Rd East, the`NORTH side of Kingston Rd between Liverpool and Valley Farm is to be lower base buildings to form a transition between the downtown and existing lower density residential areas to the north. It also recommends lower base buildings to prevent overshadowing of the current adjacent residences and to protect their privacy. As we are only 75' from their property we would be effected by privacy invasion and overshadowing. I feel the current building proposal is too large for their lot acreage site and it should be scaled down to amicably co-habit and compliment the long established residential community of low density housing that has been. on Glengrove Rd since 1954. A lot of grassland and trees will be lost to this development. Will any of the existing trees be saved and how much green space will be replaced as compared to the amount lost. The number of parking spaces proposed for this development of both a retirement housing and a daycare does not seem to be adequate for the. amount of traffic that both facilities would likely incur. It seems that this is something that should.be calculated well as there is no public parking lots in the area. Doreen Adair 1892 Glengrove Rd Pickering ON L1V 1X2 2 7 4 ATTACHMENT# 9 TO 'REPORT# PD `f- /O December 8, 2009 Lynda D. Taylor Manager, Development Review Planning and Development Department City of Pickering One The Esplanade Pickering, ON L1V 6K7 Dear Ms. Taylor Reference: Zoning Amendment Application - A 18/09 (Viva Retirement Residences) We attended both the Open House on June 17, 2009 and the Planning Application meeting on November 2, 2009 regarding the above application. At the June 17th meeting we expressed our concerns over the planned application and would like to re-state those concerns. Most of our neighbours have identified similar concerns however; we want our concerns on record as well. Height and Design A six storey structure on the north side of Kingston Road is not in line with any other properties in the vicinity. There are number high rise buildings on the south side which already create a shadow over Kingston Road and by building a high rise on the north side will create a tunnel vision. We feel that this will not create an inviting entrance to our community nor the Pickering Town Centre. As far as the design, we would like to see a more detailed layout of the application that will show that the playground facilities will incorporate the requirements of the Day Nurseries Act. Parking We need to see evidence that ample parking will be made available for both the tenants, the staff and the parents utilizing the daycare facility. The idea that most residents will not be driving and that most staff would either walk or take public transit is ludicrous. We trust that the applicant will ensure that the parking allocations will meet any requirements set out by the Day Nurseries Act. Parking on the street should be totally prohibited since this is a school route and at times can become congested with school buses and parents dropping the children at the school which is at the top of the short street. L ATTACHMENT# q TO REPORT# PD 275 Sidewalk We already have witnessed the effects of the snow ploughing along the north side of Kingston Road. At times this sidewalk is not passable due to the ploughs shoving the snow over the sidewalk. On the south side of Kingston Road the boulevard is much wider and doesn't create the same problem. We want to know who will be maintaining the sidewalk and where will the snow be moved to? Traffic We are concerned about the congestion at the corner of Glengrove Road and Kingston Road. This corner is already a problem with drivers not stopping at the stop sign on Glenview and pulling out onto Glengrove. The distance between the stop sign and Kingston Road is less than three care lengths. By permitting a driveway on Glengrove Road just north of the intersection of Glengrove and Glenview will add to the congestion and will be an accident ready to happen. . Planning Amendments How far into the residential neighbourhood will the Planning Department approve non- residential use? If this application is approved, as is, this will allow the first house on Glengrove (1884) to be torn down. We also know that 1888/1890 has been sold with the intention of not remaining a single family dwelling. We are concerned about the effect on the property value of our home. We trust that these concerns will be considered prior to making a final decision on this application. Yours truly R.E. Smiles Sandra R. Smiles Richard E. Smiles Sandra R. Smiles 7 6 ATTACHMENT# TO REPORT# PD James, Isa From: smiles richard [smilesri2001@yahoo.ca] Sent: December 14, 2009 9:25 AM To: James, Isa; Taylor, Lynda Cc: Pickles, David, Councillor; Pickles, David, Councillor; Johnson, Rick, Councillor; Wayne Arthurs Subject: Additional Items of Concern > VIVA retrirement proposal Ms. James: Thank you for the opportunity to discuss our concerns with regards to above mentioned proposal. In follow-up to our telephone conversation here are the additional concerns, but not limited to. 1; As a amateur radio operator for the past 40+ years the introduction of another building such.VIVA structure further limits the use of my amateur radio station and radio communication contacts with a view to the south as the Tridel Complex has. This becomes another factor in the reduced/limited use of my hobby of radio communications for pleasure and enjoyment. 2: 1 have subscriptions to satellite services which require a clear view of the southern sky to receive a signal, the VIVA structure again has the potential to impede these signals, again this becomes a factor in the reduction of pleasure and enjoyment to watch satellite tv and listen to satellite music of choice for my family and myself. 3: This will obstruct the view to southern sky along with impeding the sound of the City's Clock Chime. Please note that I do not agree with the construction of this building will limit noise from Highway 2. it may have impact on sound immediately to the south such as the Clock and Music that's often a part of special events in the "Town Square". (Pictures of the view to south as it is "today" from the backyard area have been provided to Councillor's Pickles and Johnson on this matter) 4: Invasion of visual privacy in my backyard as the frontal facing portion of this building is to the North West 5; Invasion of privacy due the lights that will be placed in the NW parking area of this facility that will affect the window area on the south and west side of my residence. 6: Please note that advance warning devices have been installed relating to the nuclear power situation, has this been taken into account that this building may reduce the effect of hearing these devices in the event of nuclear concern at the OPG Power Generation facility. 7. Has there been the appropriate study of the movement of residents from this proposed retirement/daycare facility in the event of a nuclear situation. This could have an impact of .the movement of the existing residents in the immediate area to the north due to traffic congestion. I strongly recommend the building structure height be limited to 3 stories or less. This would be in line with all other structures on the north side of Kingston Road (Hwy 2) between Dixie Road to the west and Brock Road to the east. Please consider the above along with our and other concerned residents submissions in your decision in the approval of this proposal. i ATTACHMENT#_Z2____TO REPORT# PD 4_ZLO 277 An e-mail confirmation of receipt of this e-mail by all parties listed would be apprecaited. Regards, Mr. & Mrs. R.E. Smiles Yahoo! Canada Toolbar: Search from anywhere on the web, and bookmark your favourite sites. Download it now http://ca.toolbar.yahoo.com. z TTACHMENT#-L-TO A.. HERIDAiv PORT# PO-,Q S LJ VETERINARY SERVICES 1398 Kingston Road, Pickering, ON L1V 1139 Tel: (905) 839-7061 (905) 831-1131 27 July 2009 278 Lynda D. Taylor Manager, Development Review Planning and Development Department City Of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Re: VIVA Development Proposal Dear Ms. Taylor: Thank you for extending to me the opportunity to meet with you on the 26th of June. I found the discussion with you and staff members Mila and Isa productive and want to express my appreciation to you for addressing my questions and concerns pertaining to the proposed VIVA retirement development in the Kingston Road and Glengrove Road area in Pickering. The concerns expressed at the public meeting were primarily as follows: • TRAFFIC CONGESTION at Kingston Road and Glengrove Road; • PARKING and the questions concerning adequacy for staff, residents, guests and delivery vehicles; • HEIGHT and its effect on neighbouring homes and businesses; LOCATION of the building on the property and its proximity to property lines; and the resulting impact on neighbouring homes, businesses and roadways;' • FOLIAGE as it relates to protection of existing trees, particularly where they help separate boundaries and thus lessen the impact on neighbouring properties and roadways. As requested, I am putting my questions and concerns in writing. I trust that you will appreciate in reading this overview that the depth of my concern is significant. APPOINTMENT P:: Opp- on., Wed., Fri. 7:30 am - 6:00 prn - ues., Thurs. 7:30 am 8:00 Pm Sat. 9: - pm PREVItII .T.IV.E CAkt CE4TRE``& H.0SPITAL''-SE-F0(UCES Sat i After Hours: 416-920-2002 / 905-576-3031 ATTACHMENT#_L- TO REPORT# PD 279 In preparation for this letter, I visited and studied the following: • The site itself and the surrounding properties; • The nature, impact and style of all present buildings along Kingston Road; • The ambitious future model of the Pickering downtown core, which the Province of Ontario has recognized as an Urban Growth Centre in the greater golden horseshoe; an area where high density, mixed use development and infrastructure investment is highlighted. The model did reveal new structures located close to roadways and further that buildings greater than two stories high should be tiered or set back to lessen he overcrowding impact along the major roadways, thereby enhancing the visual impact for the entire Pickering community; • Hollandview Trail (photographs enclosed) for comparative information and additional retirement facilities to help me assess how, in my view, this type of proposed structure would impact the neighbouring properties. In an objective manner, I would like to comment on the questions and concerns expressed. I will do so in the order set out earlier: • TRAFFIC CONGESTION: In 1984, when the gully or Swale was created along the north side of Kingston Road between Glengrove Road and Glenanna Road, discussions were held about access to my property at 1398 Kingston Road, the VIVA project property, then owned by McLeod, and the City of Pickering property (adjacent to and fronting on Kingston Road). It was concluded then that traffic matters would best be addressed when redevelopment was being planned and in particular, that a mutually shared access or entrance should be considered at that time. As I stated during our session, I am willing to consider a mutual entrance to the two properties from Kingston Road, on a realistic dollar basis. This new entrance could perhaps be located at a greater distance from Glenanna Road which would in turn improve traffic flow and enhance pedestrian safety concerns, while at the same time addressing some concerns expressed about traffic congestion at the intersection of Glengrove Road and Kingston Road. I would reiterate here that any cost sharing would have to be realistic for me to consider this option and the location would have to be positive for all of the concerned parties. • PARKING: I do perceive from my general observations that the proposed parking area appears adequate for most occasions, especially if all VIVA staff knew and agreed that on street parking for staff on the secondary roads was not permitted. Still, parking represents 25% of the land surface and if one utilized underground parking for residents and staff, this would have a significant positive impact on the options for height issues, structure location on the property and impact on existing foliage. ATTACHMENT#-.Z/-TO 280 REPORT# PID4 -ten • HEIGHT: If there were less surface parking, the building's footprint could be larger, without lessening the green space area, so that the height of the building could be lowered without impacting the density. Ideally, with tiered levels, the visual impact for the community would be improved as well as the specific visual impact from both Kingston Road and Glengrove Road. • LOCATION OF THE BUILDING ON THE PROPERTY: With less surface parking, it would allow more flexibility in locating a more typically balanced location from the property lines, thereby lessening the height impact and improving the visual impression from all directions. • FOLIAGE: Less surface parking provides a greater opportunity to retain more sizeable foliage. This would negate the necessity of replanting and taking more time for growth. This in turn would provide the necessary foliage barrier to lessen the visual impact of the new building. • DENSITY: One could ask whether the density would become too great if the proposed development were to proceed. Perhaps the developer should consider purchasing additional property, especially since the land fronting on Glengrove Road immediately to the north is currently listed for sale. Clearly, this would permit more flexibility to properly address all of the issues on the agenda, especially to lower the density and thereby control the negative impact. I have set out to this point, from a layman's perspective, what I feel should be reasonable planning concerns and I have outlined several options. Obviously though, this it is not simply an objective, altruistic exercise for me. I have personal concerns that drive these comments. I graduated in 1971 from the Ontario Veterinary College in Guelph. In 1977,1 began practicing at the rear of the Hub Plaza and expanded in size at that location as additional space became available. In 1992,1 made the significant business and subsequent financial investment in relocating to 1398 Kingston Road. This move was undertaken for a number of reasons, among which were the following: • Greater size to assist in growth; • Improved exposure to assist in growth; • Better control of my financial destiny. At the present time, those goals have been achieved. When I started my practice in Pickering in 1977, 1 had the only veterinary practice in the east end of Pickering. Since that time, business competition has increased dramatically and by locating to 1398 Kingston Road, I placed myself. in a favourable competitive position. It is an obvious current goal to retain that business edge by continuing to grow the business at its current location. ATTACHMENT#-Z-/ITO REPORT# PD 281 My belief in the value of my building is captured clearly in the yellow pages, on my business cards, my letterhead and envelopes. I feel that it gives me a competitive advantage and therefore, any change that negatively impacts my exposure will be financially detrimental to me and my staff. All of us are concerned and anxious that a towering structure to be constructed so close to Kingston Road and our lot line will have a very negative impact on the image that we have been trying to sustain and improve upon. From my perspective, my Pickering practice and the real estate form the primary foundation of my financial planning for retirement, which can only be negatively impacted if the draft plan is approved as presented. I know that no one should have the right to control forever how adjacent properties are used or developed. I recognize the value of municipal planning that attempts to define a strategic and well developed overall planning strategy. But the VIVA proposal that, with the city's assistance, will allow it to virtually build to the street line has a direct impact on my business that is dramatic and harmful, I believe that in the planning proposals, there is the opportunity to ameliorate the negative impact on my location and my business and in closing, I would encourage the city to explore all of the alternatives. I await with eager anticipation the discussions and ideas that evolve ahead. I feel confident the planning process will bring with it some sound decisions that will overcome the concerns addressed in this letter. Thank you again for allowing me the opportunity to outline my thoughts. I trust that I will be informed of each and every step along the way and that the best interests of the Pickering community will prevail. Yours very truly, Donald E. Roden, DVM Cc: Regional Councillor, Rick Johnson CC: Councillor David Pickles CC: Robert P. Morton, Solicitor ATTACHMENT# L- TO MP l ORT# PD U to 3. k, T E R I N A " J1 SERVICES 1398 Kingston Road, Pickering, ON L1V 1B9 Tel: (905) 839-7061 (905) 831-1131 M~s. Lynda D. Taylor November 15, 2009 Manager, Development Review Mr. Neil Carroll RECEIVED Director, Planning & Development City of Pickering NnV 1 9 2009 One the Esplanade CITY OF PICKERINQ Pickering, Ontario PIANNINa AND DEVQ.CPMENT DEPARTMENT L1v 6x~ Re: Compromise Proposal for VIVA Retirement Residence in Pickering. Please find enclosed two letters. The first was written November 11, 2009 which was my response to the public meeting held November 2, 2009. The second was written November 15, 2009 and is my proposal of compromise discussed at our meeting held on November 13, 2009. As time is becoming of the essence, I would appreciate being informed at each step of the process - to be an active, informed, and constructive participant in the eventual application which will be prepared and presented to council for their consideration and legal acceptance. Thank you both for your patience, your professional input, and the opportunity to have expressed my concerns, my position, and my ideas, which have hopefully been found constructive. Yours, IJ Donald E. Roden, D.V.M. Cc: City Councillor, David Pickles cc: Regional Councillor, Rick Johnson cc: Robert P. Morton, Solicitor pp- APPOINTMENT PREFERRED ERRED ft r ours 1 _9 0 00 Mon., Wed., Fri. 7:30 am - 6:00 pm Tues., Thurs. 6 00 Pm 0. j. am - 4:00 pm Sat. 9:00 ~R i l" .Sir 'V C' 0 19 _ .3 eP`, Iz lr&E N T t,V E G ` TR 1 AR > N $ 14 After Hours: 416-920-2002 905-576-303 40 a~ r : s e k ATTACHMENT# --.--TO 283 REPORT# PD D P.S. November 16, 2009. T am both pleased and possibly encouraged to say that I received a call today from Monica arranging. a meeting on November 21, 2009. ATTACHMENT#-L-TO ORT# PD SHERIDAN _a VETERINARY r SERVICES 1398 Kingston Road, Pickering, ON L1V 1139 Tel: (905) 839-7061 (905) 831-1131 284 Ms. Lynda D. Taylor November 11, 2009 Manager, Development Review W. Neil Carroll Director, Planning & Development City of Pickering One the Esplanade Pickering, Ontario L1V 6K7 In response to the public meeting held Wednesday November 2, 2009 re: submitted plan A18/09 (VIVA Retirement Residence) I would like to state and clarify the following: 1. I am NOT against VIVA, nor am I against a retirement residence. Rather 2. I am AGAINST the proposal as presented 3. Why? a. Objectively- Kingston Road is the primary thoroughfare to the city core - it should be more open, more inviting, and more welcoming - as opposed to more crowded, more intimidating, and more utilitarian (compare University Avenue to Yonge Street) - this precedent will set the tone and pulse for all future development (and developers will use it as a reference). b. Subjectively- The Downtown Urban Growth Centre as determined by the Province of Ontario is intended to support existing and planned intensification within the downtown core. The proposed building position will have a serious, adverse and negative impact on my businesses' ability to serve, to grow and to compete in both the short and long term, plus, in the short term, may have negative impact on property value - this is totally contrary to the Provinces intent which is be supportive of the existing while planning the intensification - my staff and I are very concerned. APPOINTMENT PREFERR Mon., Wed., Fri. 7:30 am - 6:00 pm r a r 4 i . Thurs. Sat . Tues Sat. ;jP9REtl7JVE CAF23Ef~iT f2 $c hiSPf'~`~AL:ra2`VE After Hours: 5 ATTACHMENT#~TO REPORT# PD2 H u 4. I met very briefly with Monica Dashwood on October 20, and suggested that if VIVA and I were sincere and serious in working with each other that the best approach would be for all parties to be prepared to find common ground through communication, discussion, and being willing to compromise. Following the public meeting I had a brief conversation with Monica and Jordan at which we discussed and agreed to have their surveyor plot the south west building location for discussion purposes. Although nothing has yet to transpire - I will pursue, as I had the impression from both individuals that their intentions were both genuine and sincere. 5. In 2009, Sheridan Veterinary Services has 10 full time/part time employees and its payroll growth plan predicts this number to increase to 12 to 15 over the next 1-3 years. On a per acre basis, the number is equal to VIVA's 60 75 when you consider land size. 6. This is the final opportunity to address the access to my property and its proximity to the very busy intersection of Kingston Road and Glenanna Road for pedestrian and traffic safety. As discussed and stated in prior written correspondence I would be prepared to participate financially, if the compromise reached allows me to preserve and grow my business. 7. Compromise Proposal a. That the planning department/City of Pickering clearly states their position on the distance the proposed building should be constructed to Kingston Road. b. Once the distance from Kingston Road is settled - adjust the south west end of the building to create a mutually acceptable compromise for all parties. Also to review the fencing and landscaping of the area to see that it conforms to the goals of the compromise with legal conditions to see these remain in fact over time! c. If and once there is an acceptable compromise.that the City and Region make a final evaluation of the options to both enhance safety and facilitate accessibility to 1398 Kingston Road re: its proximity to the very busy Glenanna/Kingston Road intersection. To repeat, I am prepared to participate financially, if the compromise reached allows me to preserve and grow my business. ATTACHMENT# TO 86 2 REPORT# PD a Z -/n In summation, my staff and I would like to request the following: 1. open, constructive dialogue and communication by all parties 2. compromise for the good of all 3. a positive resolution leading to constructive results for all. With thanks, Donald E. Roden, D.V.M. Cc:.City Councillor, David Pickles cc: Regional Councillor, Rick Johnson cc: Robert P. Morton, Solicitor ACHMENT# L/ TO PORT# PD ;~7Y I DAm SHE''-'- 287 v tTE I NA17111 SERVICES 1398 Kingston Road, Pickering, ON L1V 1139 Tel: (905) 839-7061 (905) 831-1131 Ms. Lynda D. Taylor November 15, 2009 Manager, Development Review Mr. Neil Carroll Director, Planning & Development City of Pickering One the Esplanade Pickering, Ontario L1V 6K7 Re: Compromise Proposal for VIVA Retirement Residence in Pickering. Initially, I would like to thank both of you for the time, the information, and the advice received at our meeting on November 13, 2009. It was nice to feel brought back into the circle of what for me is a critical decision that has caused considerable anguish for my staff and I. My compromise proposal is as follows: 1. That the set back of the building footprint from Kingston Road be as proposed. 2. That the position of the south west corner of the proposed building be modified (see drawings provided) so as to allow me to retain appropriate street exposure. 3. That the fagade of the Kingston Road portion of the building, in particular that of the south west and the south east corners be either tiered to lessen the visual impact of the height and proximity to Kingston Road or be balanced and enhanced through architectural design to lessen the impact of appearing like the back of the building. 4. That the fencing along the property line abutting 1398 Kingston Road and the landscaping along the same border and most importantly the south west corner of the property conform to. the compromised goal of not sacrificing the visual APPOINTMENT pp- Mon., Wed., Fri 7 1am - 11 , Tues., 7:30 am - 8:00 pm Thurs. r A a :t. __4 r .wx'Ra:• Y ..2 9:00 am - 4:00 N•T'tVE CAkRE ENTR ~ E`E3c~SPI` f4L'SETt'~S Afte 920 11 1 t Hours: 416- 905 o ATTACHMENT# /L TO REPORT# PD 288 exposure of 1398 Kingston Road, and that the requirement be legally incorporated into this application and all subsequent site plan applications. 5. That the City and Region reconsider the access to 1398 Kingston Road in its proximity to the busy intersection of Kingston Road and Glenanna Road, not just for current usage, but also how it will play a role in the future plans to access the north east corner properties as they evolve within the urban city core to lessen the additional pressure on this major intersection. Thank you for your consideration in this matter. Yours, Donald E. Roden, D.V.M. Cc: City Councillor, David Pickles cc: Regional Councillor, Rick Johnson cc: Robert P. Morton, Solicitor ATTACHMENT#~~--_--T~ a T - - (:LE ~ F: %J T N ~,d . - E~ LDIr1G ~ - ' ail ~TM- l EXISTING r 1 S:,A ~I ~ ~ - TOWNHOUSECL N.>ROVE i t~~ r' F F ~d `I F o r~ r „ ~ ff ~--r r t=~9 r ~ A ri i ~t EXISTING TOT.u.;;u AL aar~kvXi 1.. k s OWNHOUSE L J / Y Imo. } I /1 I~ l1 1~ \ i j z," r _I 1 I~ STOREY >~,t FI.JtYV1~EA ' E ~ $r.14t5Pi tr NG TC J - ~ /p~~.4y /~LWy t(' L,yy2-_ r t.5„ IEN"frl tl t lit hlv rcxvEO ~ / EXI..IING BUILDING - r /d w r ~ - _i j\ RETIREMENT DEVELOPMENT,,. OVE R.' KINGSTON RD. & -PICKERING, ONTARIO y" SITE PLAN s. - Scn~E I soo ~t Proj-2 OB-7Z?f 4. I F~O4 J' v Oato. March fit. 2(k)9 ATTACHMENT 0 FtEPORT# PD, INFORMATION COMPILED FROM APPLICANTS 290, SUBMITTED PLAN A 18/09 21121401 ONTARIO LTD.(VIVA RETIREMENT RESIDENCE) ~i I t I' - I I I i } , r I I I i I I Pl ~ I v 3 - - t 0- i r7i. i ILI, I r ~ i ri; I A i % PROPOSED 6 ' t STOREY tom;// RETIREMENT 41 i • THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING 8 DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICE DIVISION MAPPING AND DESIGN. SEPT. 21. 2009 ATTACHMENT - 9EPORT# PID INFORMATION COMPILED FROM APPLICANT' 291 . SUBMITTED PLAN A 18109 211:21401 ONTARIO LTD.(VIVA RETIREMENT RESIDENCE) TT. - I I i I - I .r 7 I t 1 { ' i. I! 0 ~f ` 1 ' 1 , U,, v ;y/ PRO srngrv POSED e I ~~J!-Yc:.ID,~ar _ ~d REtIREMENT ,1` ~ . THIS MAP WA8 PRODUCED 8Y THE CITY OP PICKERlN(3 PUNNING & DEVELOAMENTDEPARTMBNT, PLANNIN0INFORMATION9ERWCEB OIVf9ION MAPPING AND DE8IGN, 89PT.. 21. 7000. ATTACHMENT#-L~ TO REPORT# PO 292 INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN A 18/09 21121401 ONTARIO LTD.(VIVA RETIREMENT RESIDENCE) ,3 ! L I I 1 _ ` [i I . ~ 11 wq PROPOSED 6 STOREY ' \ RETIREMENT 195 oat, PHIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING, DEVELOPMENT DFPARTMENT. PLANNING DIVISION MAPPING ANO DESIIGNT EPi. 2t1 2CO' ATTACHMENT#-TO REPORT# PD- Q 4/ - 293 INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN A 18/09 21121401 ONTARIO LTD.(VIVA RETIREMENT RESIDENCE) I I I I. ~ ~ ~ I r~i pli I:j N PROPOSED 6 t STOREY ~.1. RETIREMENT ' ~~~i• I THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING DEVELOPMENT DEPARTMENT. PLANNING INFORMATION SERVICE 2 DIVISION MAPPING AND DESIGN. EPi. 0t ATTACHMENT# TO REPORT# PD-0- 294 INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN A 18109 21121401 ONTARIO LTD.(VIVA RETIREMENT RESIDENCE) 1 I i~ r 1 I, I ~i ~ I' ~ r•~ 1 I r~illil I l•---- ----•-ti--l ` ~ i ~ ' I .p r ~ Ali f~ 1~ ~ t ~ / PROPOSED 6 • ~i . RETIREMENT _ /,G Via,./~~ ~ , • ~ j~'= 46- I 1 THIS MP WAS PRODUCED BY THE CITY Of PICKERING PLANNING OEVELCPMENT DEPARTMENT. INFORMATION MAPPING AND DESIGN. SEPT. 000 ATTACHMEIUr#-a To 2 9 5 REPORT# PO October 22, 2009 `1 V E Isa James, Planner II 2009 Planning & Development Department jA, CI y :ms's CK E_R>NG City of Pickering PLANNING ~ DEVELOPMENT One The Esplanade DEPARTMENT Pickering, ON L1 V 6K7 . Dear Ms. James: The Regional Municipality of Durham Re: Zoning Amendment Application A18/09 Applicant: 2121401 Ontario Limited (VIVA Retirement Residences) Punning Department Location: 1884 Glengrove Road 605 ROSSLAND ROAD E Lots'42, 43, 44 and Part of Service Road, Plan 509 4TM FLOOR PO BOX 623 Municipality: City of Pickering . WHITBY ON LiN 6A3 CANADA We have reviewed the above noted application and offer the following comments 905-668-7711 for your consideration. Fax: 905-666-6208 E-mail: planning@ region.durnam.on.ca The purpose of this application is to amend the zoning on the subject lands to permit the development of, a 6-storey, 135 unit Retirement Residence. The subject www.region.durham.on.ca lands are. currently zoned R3 - Residential Zone. A.L. Georgieff, MCIP, RPP Commissioner of Planning Regional Official Plan The subject lands are currently designated 'Regional Centre' in the Durham Regional. Official Plan. Regional Centres shall be developed as the main concentrations of urban activities, providing a fully integrated array of community, office, service and shopping; recreational. and residential uses. Further, Downtown. Pickering is recognized as an Urban Growth Centre in- accordance with the Growth Plan for the Greater Golden Horseshoe, and shall function as a dominant Centre within the Region. Kingston Road (Regional Road Highway 2) is designated as a Type 'B' Arterial Road and.a- Transit Spine in the Durham Regional Official. Plan. Development adjacent to Transit Spines shall provide for complementary higher density uses and buildings oriented towards the street. Amendment No. 128 to the Regional Official Plan was adopted by Regional Council on June 3rd, 2009 and forwarded to the Ministry of Municipal Affairs and Housing for approval. This amendment includes the redesignation of Downtown Pickering from "Regional Centre to "Urban Growth Centre". - In addition, Amendment No. 128 includes the following revisions to policy 8A.2:2, relating to Urban Growth Centres: i) The Regignal ' downtown Oshawa and downtown Pickering are recognized as Urban Growth Centres in accordance with. the Growth Plan for the Greater Golden Horseshoe, and shall function as, the dominant. Centres within the Region, with speGifiG emphasis on , busine66 and "Service Excellence fo• Communities" 100% Post Consumer ATTACHMENT#=TD Al 8/109 REPORT# PD 0 October 22, 2009 296 Page 2 ii) shall be planned as focal areas for institutional, regionwide public services; major office, commercial, recreational, cultural, entertainment and residential. uses, serving as major employment centres supporting higher order transit services; iii) should support an overall long-term density target of 200 persons and jobs combined per gross hectare. and a floor space index of 3, 0. The. built form for the Urban Growth Centres should be a mix of predominantly high-rise development, with some mid-rise, as determined by area municipalities. The proposed amendment is consistent with the Region's policies to develop higher density development. Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. . Growth Plan for the Greater Golden Horseshoe The subject lands are within an "Urban Growth Centre" of the Growth Plan (GP), as delineated in the Size and Location of Urban Growth Centres. in the Greater Golden Horseshoe paper issued `Fall 2008. Section 2.2.4.4 of the GP directs Urban Growth Centres to be planned: a) as focal areas for investment in institutional and-region-wide public` services, as well as commercial, recreational, cultural and entertainment uses; b) to accommodate and support major transit infrastructure; c) to serve as high density major employment centres that will attract provincially, nationally or internationally significant employment uses; and d) to accommodate a significant share of population and employment growth. Further, section 2.2.4.5 stipulates Downtown Pickering to achieve, by 2031 or earlier, a minimum gross density target of 200 residents and jobs combined per hectare: Road Noise An Environmental Noise Analysis conducted byValcoustics Canada. Ltd. dated September 8, 2009 has been submitted and reviewed for this application.. The study provides calculations and recommendations that ' would meet the requirements of the Region of Durham and the Guidelines of the Ministry of the Environment. It is recommended that the servicing agreement for this development include the necessary provisions to ensure the implementation of the noise attenuation measures (warning, clauses) as recommended in :this report. ~L ATTACHMENT#-Z2-TO A18/09 REPORT# PD. October 22, 2009 Page 3 Site Contamination Potential 297 A Phase I Environmental Site Assessment Report and a Limited-scope Phase II Environmental Site Investigation Report, prepared by McClymont & Rak. Engineers Inc., dated May.2009 and. July 2009 respectively,, were submitted in support of this application. The reports conclude that there are no issues of potential; . environmental concern on the subject lands; and that no further environmental investigation is warranted at this time. There are no other matters of provincial plan interest applicable to this application. Regional Services Municipal water supply, and sanitary sewer service is available to. the subject. property. The Regional Works Department; will provide detailed comments on the submitted Site Grading and Servicing Concept Plan to the applicant under separate cover. Additional comments and conditions will be provided through the site plan application process. Durham Region Transit & Transportation The proposal does not present any significant Durham Region Transit or transportation impacts. Please contact me at 905.668.4113 ext. 2582 should you have any questions or require additional information. Yours truly, L Carla Pierini,.MCIP, RPP Project Planner (Acting) Current Planning cc: Regional Works Department'- Pete Castellan Durham Region Transit = Phil T. J. Meagher Transportation Planning= Amjad Gauhar ATTACHMENTO TO ATTACHMENT# D~ Cty REPORT# PD I 1 DICKERING MEMO 298 To: Isa James October 7, 2009 Planner II From: Marilee Gadzovski Stormwater & Environmental Engineer Copy: Division Head, Municipal Property & Engineering Manager, Development Control Subject: Rezoning Application A18/09 Viva Retirement Living Glengrove Drive City of Pickering File: 0-4100 I have reviewed the Stormwater Management Report for the above-noted rezoning application and have no objection to the rezoning. However, as the report was quite detailed and will most likely be proceeding to site plan stage very shortly, I.offer the following comments that need to be addressed for the Site Plan Application. Section 4.3 states that the allowable release rates for the site were calculated based on a pre- development runoff coefficient of 0.45 and a 10 min. rainfall intensity: The assumption for the runoff coefficient is not valid given the current hard surfaces of the three residential lots. Moreover, these 3 lots are not typical residential lots as they are extremely large and do not .exhibit an imperviousness of 36% (equivalent to C of 0.45). Measurements from the aerial photography estimated (very generously) that the current hard surfaces are only approximately 6% of the total site area. Given this, the allowable release rates need to recalculated to accurately reflect existing conditions. A pre-development runoff coefficient of 0.25 should be utilized, which will result in more water quantity storage required. In addition to the above, the time to peak of the pre-development peak flow should be estimated from the Airport Formula or equivalent method and not assumed as 10 min. This.site is entire undeveloped (except for two houses) and is drained by overland flow not directly connected to the storm sewer. A quick check confirmed that a time to peak of approximately 21.82 min. was obtained. Given the extent of the seriousness of the downstream flooding concerns within the Krosno Creek watershed, it is very important to accurately reflect existing conditions, which will directly impact the amount of post-development storage that is required. Consideration should be given to take the clean roof runoff (or at least partial) into the proposed infiltration trench instead of directly, connecting it to the storm sewer. Please ensure that there is a provision of an overflow from the proposed infiltration trench back to the storm sewer system. ATTACHMEtfU --IM 2 9 9 REPOW PD . PICKERING MEMO. To: Isa James November 16, 2009 Planner II From: Robert Starr Manager, Development Control Copy: Coordinator, Development Approvals Subject: Zoning By-law Amendment Application A18/09 Viva Retirement Living Lots 42, 43, 44 and Part of Road Allowance, Plan 509 (1884 Glengrove Road) City of Pickering We have reviewed the documents submitted in support of the Zoning By-law Amendment Application and provide the following comments: 1. The applicant will be required to enter into a Development Agreement with the City to address any offsite works, road improvements, land transfer, easements, utility relocation, etc.' A Draft 40R Plan should be submitted to the City for approval. 2. Landscaping on the boulevards of Kingston Road and Glengrove Road will. be addressed during Site Plan review. 3. A Construction Management Plan will be required, during Site Plan review, that addresses such items as road cleaning, mud/dust control, sedimentation and erosion control, hours of work, vehicle parking, equipment and material storage, a spill response plan,. etc. 4. The City of Pickering's Fill & Topsoil By-law prohibits soil disturbance, removal or importation to the site unless a permit has been issued. No on-site works prior to Site Plan Approval is permitted without a permit. A copy of the By-law and Permit Application is attached and should be forwarded to the applicant. ' O ATTACHMENT#~ REPORT; PD FREEMAN PLANNING SOLUTIONS INC. PLANNING AND DEVELOPMENT CONSULTANT Rob Freeman 6424 Edenwood Drive Mississauga, ON L5N 31-13 Telephone (905) 824-4375 Fax (905) 824-9833 Mobile (416) 301-7290 E-Mail planning>olukions:ilsvronatico.ca By E-Mail and Regular Mail November 26, 2009 Ms. Isa James, Planner 11, Development Review Planning & Development Department City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ont L1V 6K7 Dear Ms. James: Re: Proposed Rental Retirement Home Facility Proposed Zoning By-law Amendment Application A-18/09 Northwest corner of Kingston Road and Glengrove Road 1874/1878/1884 GlengroveRoad Lots 42, 43 and 44 Registered Plan 509 and Part of Closed Service Road 2121401 Ontario Limited (V!VA Retirement Living Corp) As the Planning Consultant for 2121401 Ontario Limited (V!VA Retirement Living Corp),I am sending this letter to formally respond to ,a number of matters raised at.the Formal Public Meeting held on November 2, 2009. As you know, I answered most of the questions raised by the area residents as part of my concluding comments at the Planning & Development Committee meeting. In this regard, I believe there are three items raised at the Public Meeting that require a further response. These are as follows: Extent of Shadowing ` In accordance with the shadowing study submitted with the Zoning By-law Amendment application, the proposed V!VA building casts shadows on three residential parcels to the north along Glengrove Road as shown on the diagrams dated December 21 mostly during the morning hours. This is not significant, in my opinion, since it occurs in the late fall and early winter months, when outdoor amenity spaces are not generally used for extended periods of recreation or Cont/Page 2 ATTACHMENT LZ . TO REPORT# PD D ~6 301 Page 2 relaxation. It is important to note that since the Formal Public Meeting our Project Architect has completed a shadow study for the 16 storey Tridel building situated on the south side of Kingston Road. He has determined that the length of the Tridel building shadow on December 21, not only shadows the proposed VIVA building but also shadows the residential parcels north of the V!VA parcel along Glengrove Road. A copy of the Tridel Shadow Study for December 21, is attached for your information. Based on this additional information, the shadow from the proposed V!VA building is somewhat irrelevant where the shadow from the existing Tridel building is already greater than the shadow cast by the proposed V!VA building. Drilling on VIVA Parcel and Potential Impact on Adjacent Parcel As noted at the Public Meeting,whe n the geotechnical work (drilling) was being completed on the subject lands, one of the neighbours was concerned with the vibration that may occur during the construction process that could potentially damage. her basement (foundation).As indicated at the meeting, V!VA and their geotechnical consultants would be pleased to meet with any of the adjacent concerned neighbours to further discuss this matter and to provide the required assurances that the construction of the V!VA parcel will not result in structural damage to their. homes. Dr Roden's Comments Since the Formal Public Meeting, it is my understanding that Dr. Roden has met with planning staff to further discuss his concerns. Please note that on November 20, 2009, Monica Dashwood from V!VA and I met with Dr. Roden on site to better understand his concerns regarding the proposed development. Dr. Roden also respectfully requested V!VA to consider shifting a portion of the building along Kingston Road in the vicinity of his parcel to improve the sight lines to his property. We advised Dr. Roden that we would evaluate all of the comments that he has formally made and would convene a further meeting with him after the internal review with the Project Architect and sub consultants had been completed. Summary I trust this additional information is helpful and I would be pleased to further discuss the above with you if so required. Yours very truly, f ryr2 21 Rob. Freeman, MCIP, RPP c.c: Jordan Bernamoff, V!VA Retirement Living Corp - By E-Mail Only Monica Dashwood, VIVA Retirement Living Corp - By E-Mail Only