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PD 03-10
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. 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' 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~