HomeMy WebLinkAboutPLN 04-18r<Cy .F
DICKERING
Report to
Planning & Development Committee
Report Number: PLN 04-18
Date: March 5, 2018
From: Kyle Bentley
Director, City Development & CBO
Subject: Request to Establish a Stormwater Management Pond in the City of Pickering
to accommodate Stormwater from Lands in the Town of Whitchurch-Stouffville
Draft Plan of Subdivision 19T(W)-17.001
Zoning By-law Amendment ZBA17.001
11731 10th Line Developments Limited (Fieldgate Developments)
Town of Whitchurch-Stouffville
City of Pickering File: A-2400-007
Recommendations:
1. That Draft Plan of Subdivision 19T(W)-17.001 and Zoning By-law Amendment Application
ZBA 17.001 submitted by Malone Given Parsons and Fieldgate Developments for lands in
the southeast quadrant of the Town of Whitchurch-Stouffville to facilitate the development of
738 dwelling units, be received for information and comment;
2. That Pickering Council endorse in principle the proposal for Draft Plan of Subdivision
19T(W)-17.001 to establish a stormwater management pond within the geographic
boundaries of the City of Pickering for a subdivision in the Town of Whitchurch-Stouffville,
subject to an appropriate agreement between the Owner of the subdivision lands, the Town
of Whitchurch-Stouffville, and the City of Pickering;
3. That the City of Pickering advise the Town of Whitchurch-Stouffville that it has no objection
to the approval for Draft Plan of Subdivision 19T(W)-17.001, subject to the imposition of the
following condition of draft approval:
"That prior to registration of any part of the plan tributary to a stormwater facility in the City of
Pickering, the Owner of lands subject to Draft Plan of Subdivision 19T(W)-17.001 and the
Town of Whitchurch-Stouffville enter into an agreement with and to the satisfaction of the
City of Pickering respecting various matters including:
a. that the Owner and the Town of Whitchurch-Stouffville indemnify the City of Pickering
with respect to any liability arising from any aspect of locating the stormwater
management pond in Pickering;
b. that the Town of Whitchurch-Stouffville assume the stormwater pond regardless of
whether it owns the lands; and
c. that the Owner provide appropriate financial compensation to the City of Pickering,
including if required, any external legal fees;"
4. That the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and
the Director, Finance & Treasurer be authorized to negotiate the agreement and bring it back
for Council's approval;
Report PLN 04-18 March 5, 2018
Subject: Stormwater Pond in Pickering to Serve Whitchurch-Stouffville Page 2
5. That the Owner of Draft Plan of Subdivision 19T(W)-17.001 and Zoning By-law Amendment
Application ZBA 17.001 and the Town of Whitchurch-Stouffville be advised that they are
obliged to ensure that the installation of the stormwater management pond complies with all
relevant planning and development approvals including the Federal equivalents of satisfactory
completion of a Phase 1 Environmental Site Assessment and Phase 2 if required, and
cultural and heritage resource inventories and impact assessments and mitigation if
required; and
6. That a copy of Report PLN 04-18 of the Director, City Development & CBO be forwarded
to the Town of Whitchurch-Stouffville, 11731 10th Line Developments Limited,
Transport Canada, and the Rouge National Urban Park.
Executive Summary: The City received a request for comments on applications for a
proposed draft plan of subdivision and zoning by-law amendment for lands located in the southeast
corner of the Town of Whitchurch-Stouffville, adjacent to the City of Pickering (see Town of
Whitchurch-Stouffville Location Map, Attachment #1). The proposal is for 738 dwelling units.
An unusual aspect of this proposal is the request to build the stormwater management pond
for the proposed subdivision, on lands located within the City of Pickering (see Town of
Whitchurch-Stouffville Map Showing Location of Proposed Stormwater Pond in Pickering,
Attachment #2). The pond in Pickering would be along the same watercourse that the subdivision
drains to but meanders across the York -Durham boundary (York Regional Road 30). It is also
understood that it may allow decommissioning of an existing stormwater pond directly north of the
proposed subdivision with that stormwater redirected to the new facility in Pickering. The new
pond would be approximately 4 hectares in size, and is proposed on lands currently owned by
Public Works Canada (as part of Transport Canada's holdings), that are earmarked to be
transferred to the Rouge National Urban Park. The location of the pond in Pickering would allow
the development to accommodate approximately 50 to 80 additional lots.
Senior staff from the City and the Town met along with representatives for the Owner and
concluded there was merit and agreement in principle to pursue the stormwater pond location in
Pickering, providing the critical matters have been adequately addressed, including
indemnification for the City with respect to liability, the Town's assumption of the pond regardless
of who owns the land, and appropriate compensation to the City.
Accordingly, this Report recommends that Council: endorse locating the stormwater management
pond in Pickering; authorize staff to negotiate an appropriate agreement between the City with the
Owner of the subdivision lands and the Town, and bring the agreement back to City Council for
approval; and request the Town of Whitchurch-Stouffville to impose a condition of draft approval
on the subdivision to address the requirement for the agreement to be registered on title to the
subdivision lands prior to the registration any lands within of the Plan draining to the stormwater
facility in Pickering.
Financial Implications: The exact amount of compensation is subject to negotiation of the
agreement between the parties.
Report PLN 04-18 March 5, 2018
Subject: Stormwater Pond in Pickering to Serve Whitchurch-Stouffville Page 3
Discussion:
1.0 The City received circulation of applications from the Town of Whitchurch-Stouffville
On April 11, 2017, the City received a circulation notice and request for comments from the
Town of Whitchurch-Stouffville regarding proposed applications Draft Plan of
Subdivision 19T(W)-17.001 and Zoning By-law Amendment ZBA 17.001 (see Town of
Whitchurch-Stouffville Location Map, Attachment #1). The applications were submitted to
Whitchurch-Stouffville, by Malone Given Parsons and Fieldgate Developments on behalf of
the property Owner 11731 10th Line Developments Limited.
The applications were submitted to facilitate the development of 665 detached dwellings,
56 townhouses, 16 live -work townhomes, and the protection of an existing heritage home on
lot (for a total of 738 dwelling units).
The lands subject of the applications have an area of 36.9 hectares, and are located in the
southeast corner of the Town of Whitchurch-Stouffville. The south boundary of the
development abuts the City of Markham. The east boundary of the development abuts
York -Durham Townline Road (York Regional Road 30) with the City of Pickering to the east
of Townline Road.
2.0 An uncommon stormwater management strategy is proposed
Local municipalities have jurisdiction for stormwater management and the local storm sewer
system. Once constructed and functioning properly, stormwater ponds are usually assumed
by, and conveyed to, the local municipality so they can operate and maintain the pond.
However, the applications from 11730 10th Line Developments Limited propose that the
stormwater management pond to handle the stormwater from the eastern portion of the
site be located on lands physically located with the City of Pickering (see Town of
Whitchurch-Stouffville Map Showing Location of Proposed Stormwater Pond in Pickering,
Attachment #2). This location is within the drainage shed of the watercourse the eastern
portion of the subdivision is tributary to. A similar arrangement was entered into by the Town
of Whitchurch-Stouffville and the City of Markham to enable optimization of another
subdivision to the west of the subject lands.
Additionally, we understand there has been dialogue on abandoning the storm pond which
abuts the subdivision to the north from the Town of Whitchurch-Stouffville, and rehabilitate
the land for park purposes. The stormwater that was treated in the northerly pond would flow
through the new subdivision to the new pond in Pickering.
On May 17, 2017, staff provided preliminary comments to the Town of Whitchurch-Stouffville
on the applications. The comments identified a number of planning matters to be addressed
to justify the location of the stormwater pond in Pickering, and acknowledged a number of
practical matters that would need to be addressed should the pond location in Pickering
proceed.
Report PLN 04-18 March 5, 2018
Subject: Stormwater Pond in Pickering to Serve Whitchurch-Stouffville Page 4
Initially, the proposed pond location was on privately -owned lands east of the subdivision.
This location has challenges including compliance with zoning, the Pickering Official Plan,
and the Greenbelt/Oak Ridges Moraine Plans. Subsequently, another site was identified
nearby on lands currently owned by the Public Works Canada for which the Memorandum of
Agreement with Parks Canada et al., accommodates certain permitted infrastructure uses.
This property is part of the Transport Canada assembly that is being conveyed to the Rouge
National Urban Park. This is now the preferred location for the pond in Pickering.
As a result of discussions between senior staff from the municipalities and the developer, it was
concluded that there is merit and agreement in principle to pursue the stormwater pond
location in Pickering.
3.0 Council's concurrence and agreement between the parties will be required
The City of Pickering has no interest in assuming the long term operation and maintenance
responsibility for a stormwater pond that is handling stormwater from an adjoining
municipality. The pond will need to be assumed by the Town of Whitchurch-Stouffville
regardless of who owns the land (Public Works Canada or Parks Canada).
Accordingly, should Council concur there is merit is allowing the pursuit of a stormwater pond
in Pickering, an agreement between 11730 10th Line Developments Limited, the Town of
Whitchurch-Stouffville and the City must be entered into indemnifying the City from any
liability arising from any aspect of locating the stormwater management pond in Pickering.
The agreement should also require the Town to assume the pond.
By locating the stormwater pond in Pickering (and not in the subdivision), there is greater
ability to accommodate growth within the Stouffville's urban boundary. The City should
receive some financial compensation for agreeing to locate the pond in Pickering. Therefore,
the agreement mentioned above should also include a clause that the Owner provide
financial compensation in an amount satisfactory to the City of Pickering, including if
required, external legal fees.
Staff recommends that Council advise the Town of Whitchurch-Stouffville and the Owner of
the subdivision lands that Pickering Council concurs there is merit in allowing the developer to
pursue a stormwater pond in Pickering. It is recommended that Council authorize the
Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and the
Director, Finance & Treasurer to negotiate the agreement and bring it back to Council for
approval.
4.0 The City needs to impose a condition on Draft Plan of Subdivision 19T(W)-17.001
Staff has no other concerns or comments respecting the proposed draft plan of subdivision
and zoning by-law amendment. However, to secure the agreement mentioned above, the
City needs to impose a condition of draft approval for application 19T(W)-17.001.
Report PLN 04-18 March 5, 2018
Subject: Stormwater Pond in Pickering to Serve VVhitchurch-Stouffville Page 5
Staff recommends that Council advise the Town that it has no objection to the draft approval
of the plan of subdivision subject to the inclusion of a condition of draft approval requiring the
above -noted agreement to be finalized to the satisfaction of the City and registered on title to
the Owner of the subdivision lands.
Staff also recommends that Council advise the Owner of the subdivision lands and the Town
that they are obliged to ensure that the installation of stormwater pond complies with all
relevant planning and development approvals, given its proposed location on Federally -owned
lands earmarked to be transferred to the Rouge National Urban Park. It is understood that
the City of Pickering, as a party to the Memorandum of Agreement with Parks Canada et al.,
(which sets out various matters including the permitted infrastructure uses in the Park), may
need to be the applicant for the infrastructure request.
Lastly, staff recommends that a copy of this Report and Council's resolution on the matter be
forwarded to the Town of Whitchurch-Stouffville, 11731 10th Line Developments Limited,
Transport Canada and the Rouge National Urban Park.
Attachments:
1. Town of Whitchurch-Stouffville Location Map
2. Town of Whitchurch-Stouffville Map Showing Location of Proposed Stormwater Pond in
Pickering
Prepared By:
Catherine Rose, MCIP, RPP
Chief Planner
C R:Id
Approved/Endorsed By:
Kyle Bentley, P_Eng.
Director, City Development & CBO
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
t (4. 24l0
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