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HomeMy WebLinkAboutPD 32-0509S REPORT TO COUNCIL Report Number: PD 32-05 Date: July 15, 2005 FROM: Nell Carroll Director, Planning & Development SUBJECT: Draft Plan of Subdivision Application S-P-2002-05 Zoning By-law Amendment Application A 25/02 Bitondo Enterprises / W. Brown Part of Lot 7, Concession 5 (Northwest corner of Concession 5 and Salem Road) City of Pickering Recommendation: That Draft Plan of Subdivision Application S-P-2002-05, be APPROVED AS REVISED subject to the conditions outlined in Appendix I to Report PD 32-05, to permit the development of a plan of subdivision for nine new country residential lots, submitted by Alex Artuchov on behalf of Bitondo Enterprises, on the lands being Part of Lot 7, Concession 5, City of Pickering. That Zoning By-law Amendment Application A 25/02, be APPROVED subject to the conditions outlined in Appendix II to Report PD 32-05, to establish performance standards to allow the implementation of the Draft Plan of Subdivision S-P-2002-05, submitted by Alex Artuchov on behalf of Bitondo Enterprises, on lands being Part of Lot 7, Concession 5, City of Pickering. Executive Summary: The applicant proposes to develop a draft plan of subdivision consisting of nine new residential lots fronting onto Salem Road and the Fifth Concession. The applicant proposes to amend the current zoning of the subject lands to allow for the development of the proposed detached dwelling units with appropriate performance standards, to permit the implementation of the draft plan. The proposed plan of subdivision is an appropriate form of development for the subject lands. The proposal conforms to the policies of the Pickering Official Plan for lands designated "Rural Settlements - Country Residential". All interests of the City will be appropriately addressed through an associated subdivision agreement. 0 cj ~eport PD 32-05 Subject: Draft Plan of Subdivision Application S-P-2002-05 Zoning By-law Amendment Application A 25/02 Date: July 15, 2005 Page 2 Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the BACKGROUND: 1.0 Introduction The subject lands are located on the northwest corner of Salem Road and the Fifth Concession Road. A location map is provided for reference (see Attachment #1). The majority of the lands are vacant and relatively flat, with wooded lands located towards the west edge, forming part of the Carruthers Creek valley lands. Staxton Glen estate residential development is to the west, and the Hawthorne Valley golf course is to the north. Mr. Brown will retain ownership of the lands located between the two parts of the proposed subdivision. These lands currently support a farm house, a second residential dwelling and associated farm buildings. The following is background information on the subject application: Proposed Development Detail Total area of draft plan Area for residential development Open space/Conservation blocks Road widening Number of detached dwelling lots Total dwelling units Net residential density Submitted Plan (see Attachment #2) 9.32 hectares 5.84 hectares 3.10 hectares 0.38 hectares 9 9 1.5 units/hectare 2.0 Comments received 2.1 At the March 20, 2003, Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #-4) Area property owner asked whether valley lands will be open space, about water monitoring for existing residential properties and about traffic speed on the roads; Hawthorne Valley Golf Course (owner of golf course to north) - wants the hedgerow between the golf course and the subdivision protected; Area property owner asked about pavement widening for Salem Road and about gas and hydro service for the subdivision; Report PD 32-05 Subject: Draft Plan of Subdivision Application S-P-2002-05 Zoning By-law Amendment Application A 25/02 Date: July 15, 2005 Page 3 2.2 Following Information Meeting Hawthorne Valley Golf Course Greenwood Ratepayers (GARA) - requests that the hedgerow of fence, trees etc. be legally protected as a privacy buffer and wildlife habitat; - suggests water consumption controls for future home owners (see Attachment #5); expresses general concern about piecemeal development in the area (see Attachment #6); 2.3 Agency Circulation Region of Durham TRCA Ontario Ministry of Culture proposal is permitted under the Region of Durham Official Plan; recommendations of a noise impact study should be implemented through the subdivision agreement; archaeological assessment is required to be submitted to Ministry of Culture for review; requirements for private water supply and sanitary services can be satisfied through conditions of draft approval/subdivision agreement; required conditions are provided for inclusion in draft approval conditions (see Attachment #7); the grading plans provide an acceptable containment method for the floodplain; revisions to the western boundaries of Lots#1 and #4 will adequately protect vegetation; indicates that the applicant has agreed to protect the hedgerow at the north edge of the property (Lot #9); and, has no objections to the proposal, provided the attached set of conditions are implemented (see Attachment #8); the archaeological assessment has been reviewed with no resulting requirements (see Attachment #9); 0 meport PD 32-05 Subject: Draft Plan of Subdivision Application S-P-2002-05 Zoning By-law Amendment Application A 25102 Date: July 15, 2005 Page 4 Enbridge, Bell Canada, and Veridian Connections Trans-Northern Pipelines Inc., Durham District School Board, Enbridge Pipelines Inc., Greater Toronto Airports Authority, and Durham Catholic District School Board no objections but technical requirements (see Attachments #10, #11, #12); no objections (see Attachments #13, #14, #15, #16, #17); 2.4 Comments from City Departments Fire Department (written and verbal) Development Control (written and verbal) requests the opportunity for a reservoir to provide a water supply for fire fighting be further explored (see Attachment #18); through subsequent discussions, it was agreed that adequate water supply is available to serve this location; - grading and Tree Preservation Plans are required to identify and protect trees/hedge rows along boundaries of the retained lot and the open space blocks; - a barrier is needed between Lot #9 and golf course; - 0.3 metre reserve is required to position the driveway for Lot #3 away from the Fifth Concession Road/Salem Road intersection; - existing fencing within the road widening must be removed; - subdivision agreement should address lot grading, drainage, fencing, tree preservation, road restoration and repairs, driveway entrances, paving of driveway aprons, construction management and erosion and sediment controls, conveyance and dedication of road widening, performance and maintenance securities, among other matters; Report PD 32-05 Subject: Draft Plan of Subdivision Application S-P-2002-05 Zoning By-law Amendment Application A 25/02 Date: July 15, 2005 Page 5 097 Development Control (continued) Municipal Property & Engineering (written and verbal) pregrading not permitted without approvals by City/agencies; applicant should be made aware that this property is within the areas subject to the 2003 City Fill/Topsoil Disturbance and Tree Protection By-laws (see Attachment #19); configuration of Blocks 10 and 11 to be confirmed with TRCA and based on the stormwater management report. Blocks 10 and 11 should be conveyed to the City or TRCA; cash-in-lieu of parklands is required; initial comment that developer should contribute part of the costs for the asphalt paving of Salem Road across the limit of the subdivision was further reviewed; upon further review of the current condition of Salem Road in conjunction with the number of new lots proposed and future potential for upgrading of Salem Road, it was determined that a contribution to the future upgrading is not appropriate, provided the developer be required to restore the road to its present condition should it deteriorate as a result of construction activity arising from the development of the subdivision; driveway locations will have to be determined; ditching requirements and culvert installations are the responsibility of the developer (see Attachment # 20); 2,5 The subdivision lands have already been conveyed to Mr. Bitondo In order to expedite transfer of ownership of the subject lands from the former owner, Mr. Brown, to the applicant, Mr. Bitondo, the applicant recently received approval of a land severance and a minor variance. The severance separated the two major parts of the proposed subdivision from the lot in the middle, to be retained by Mr. Brown (north and south parts have now been conveyed to the applicant, Mr. Bitondo). The minor variance was approved to permit the retained lot to maintain a smaller lot frontage than that required by existing zoning. 0 "'Report PD 32-05 Subject: Draft Plan of Subdivision Application S-P-2002-05 Zoning By-law Amendment Application A 25/02 Date: July 15, 2005 Page 6 3.0 3.1 3.2 In its decision on March 14, 2005, the Durham Land Division Committee required that a number of conditions be fulfilled in order to finalize approval of the severance. Some of the conditions also satisfy City and TRCA requirements for approval of the draft plan of subdivision application and will be reflected in the conditions of draft approval contained in Appendix I to this Report. They include: · an easement in favour of TRCA across the valleylands, at the rear of the retained lot, close to Carruthers Creek, to allow passage between the two open space blocks in the proposed subdivision; · a first right of refusal for TRCA to purchase the valleyland rear portions of the retained lot for conservation purposes, prior to its conveyance to anyone else; · conveyance to the City of a 5.18 metre road widening across the frontage of both the retained and the conveyed portions along Salem Road; · conveyance to the City of a 7.925 widening across the Fifth Concession Road frontage; and, · payment of a cash-in-lieu of parkland contribution to the City for the two new blocks created (see Attachment #21). Discussion The proposed development is considered appropriate and conforms to the policies of the Pickering Official Plan The subject property is designated Rural Settlements - Country Residential in the Pickering Official Plan. This designation permits large lot residential development with a maximum of nine new lots. The proposed draft plan is within the Staxton Glen Country Residential area and forms Phase II of the development of this area. The proposed subdivision suitably implements the designation for these lands. The rear portions of the subject lands are designated as Shoreline and Stream Corridor on Schedule III to the Pickering Official Plan - the Resource Management Schedule. The proposed development meets the requirements of this designation. Lands located near Carruthers Creek are to be zoned Open Space Hazard Lands and conveyed to TRCA Lands in proximity to Carruthers Creek located within the Shoreline and Stream Corridor designation are subject to flooding and are to be preserved for flood plain and habitat protection purposes. Blocks 10 and 11 of the draft plan are to be zoned for open space uses, graded to protect against flooding of Carruthers Creek, and conveyed to TRCA to be retained as conservation lands. Report PD 32-05 Subject: Draft Plan of Subdivision Application S-P-2002-05 Zoning By-law Amendment Application A 25/02 Date: July 15, 2005 Page 7 09 3 3.3 3.4 Compatibility of the proposed development with the abutting estate development in Phase I of Staxton Glen will be ensured by similar country residential zoning standards The amending zoning by-law will be brought forward for enactment by Council following the issuance of draft plan approval. Development standards, which will set the maximum building height, lot frontage, lot area, required front, side and rear yards, and architectural controls will ensure that the dwellings within Phase II of the Staxton Glen country residential community will be compatible with Phase I, which was developed in the late 1980's. In addition, whereas the Phase I lots included all of the lands to Carruthers Creek, the lots permitted for Phase II will be buffered from Carruthers Creek by the open space blocks which will be conveyed to TRCA and retained as natural areas, thereby providing a natural buffer from the rear of the Phase I lots to the west. Technical recommendations from the submitted technical reports will ensure the subdivision will provide a safe and healthy living environment In preparing the draft 40M Plan, the applicant will be required to show changes to the lot boundaries of Lots #1 and CfA, as requested by TRCA, to protect existing trees and other vegetation and to reflect the road widenings already secured through the consent process. Environmental, noise impact, archaeological and hydrogeological reports have been submitted and assessed. In order to ensure implementation of all recommendations and conditions requested by external agencies and City Departments, the applicant will be required to enter into a subdivision agreement and meet the other conditions of approval set out in Appendix I to this Report. The key conditions include: · protection of the stream valley for natural habitat and flood control purposes by conveyance to the TRCA; · well-monitoring for the new drilled wells; · restoration of Salem Road to its current condition by the developer if it deteriorates due to construction activities associated with development of the new lots; · cash contribution in lieu of parkland; ,jReport PD 32-05 Subject: Draft Plan of Subdivision Application S-P-2002-05 Zoning By-law Amendment Application A 25/02 Date: July 15, 2005 Page 8 4.0 5.0 · protection through zoning, yard setbacks, grading and tree preservation of a hedgerow/fence separator between Lot #9 and Hawthorne Golf Club to the north and protection of other natural vegetation; and, · implementation of noise control measures for the future residents. Greenbelt Plan Although these lands are located within the provincial greenbelt, the application is allowed to proceed as it was submitted prior to adoption of the Greenbelt Plan. Applicant's Comments The applicant has advised that they concur with the recommendations of this report. Appendices: Appendix I: Appendix I1: Recommended Conditions of Approval for S-P-2002-05 Recommended Conditions of Approval for A 25/02 Attachments: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Location Map Applicant's Original Submitted Plan Text of Information Report No. 11-03 Minutes of the March 20, 2003 Statutory Public Meeting Comment from Owner of Hawthorne Golf Course Comment from Greenwood Area Ratepayers Association Agency Comment from Region of Durham Agency Comment from Toronto and Region Conservation Authority Comment from Ontario Ministry of Culture Comment from Enbridge Comment from Bell Canada Comment from Veridian Connections Comment from Trans-Northern Pipelines Inc. Comment from Durham District School Board Comment from Enbridge Pipelines Inc. Comment from Greater Toronto Airports Authority Comment from Durham Catholic District School Board Staff Comment - Fire Department Staff Comment - Development Control Staff Comment - Municipal Property & Engineering Conditions of Land Severance Report PD 32-05 Subject: Draft Plan of Subdivision Application S-P-2002-05 Zoning By-law Amendment Application A 25/02 Date: July 15, 2005 Page 9 101 Prepared By: Steve Gaunt,' MCIP, RPP Senior Planner Approved / Endorsed by: ND~iel ~oa~ll~&P~)evelopment Catherine Rose, MCIP, RPP Manager, Policy SG:ld Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City..Geu, ncil ,,~ ,~ ., TI;~'rr~sJ.-Quin,~hie~L,~(dminis' 7O'er / APPENDIX I TO REPORT NUMBER PD 32-05 RECOMMENDED CONDITIONS OF APPROVAL FOR DRAFT PLAN OF SUBDIVISION S-P-2002-05 RECOMMENDED CONDITIONS OF APPROVAL FOR DRAFT PLAN OF SUBDIVISION S-P-2002-05 1.0 1.1 2.0 2.1.1 2.1.2 2.2 2.2.1 GENERAL CONDITIONS That this recommendation apply to the revised draft plan prepared by Schaeffer & Dzaldov Ltd dated February 4, 2003 (Job No. 02-154-01), for Draft Plan of Subdivision Application S-P-2002-05, submitted by Alex Artuchov, on behalf of Len Bitondo, on lands being Part of Lot 7, Concession 5, City of Pickering, to permit the development of nine country residential lots for detached dwellings, open space blocks and road widening blocks as further revised as follows: · to delete road widening Blocks 12, 13 and 14, which have already been conveyed to the City through Land Division Applications LD 220/04 and LD 221/04; · to satisfy the TRCA request to adjust the boundaries of Lots #1 and 4; and, · to require a 0.3 metre reserve in order to prevent the driveway for Lot #3 from being too close to the intersection of the Fifth Concession Road and Salem Road; subject to the comments contained in the report of the Director, Planning & Development Department, Report PD 32-05. PRIOR TO THE REGISTRATION OF THE PLAN That the owners submit a Draft 40M-Plan that reflects the revisions set out in Clause 1.1 to these recommended conditions of approval, to be approved by the Director, Planning & Development. That the implementing by-law for Zoning By-law Amendment Application A 25/02 become final and binding. That the owner enter 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 limited to the following: 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, to protect for floodplain spills of Carruthers Creek and any provisions regarding easements; 104 -2- 2.2.2 2.2.3 2.2.4 2.2.5 Gradinq Control and Soils (a) satisfaction of the Director, Planning & Development Department respecting submission and approval of a grading plan that, among other things, protects trees and hedgerows along the boundaries of the retained lot, the hedgerow and fence on the north edge of Lot #9 and within the open space blocks, and a sediment control plan; (b) satisfaction of the Director, Planning & Development Department respecting the submission and approval of a geotechnical soils analysis; (c) prohibition of grading prior to execution of this agreement, or, following enactment of a zoning by-law amendment for this development, grading may be permitted provided a permit has been approved under Fill and Topsoil Disturbance By-law 6060/02. Road Allowances (a) satisfaction of the Director, Planning & Development Department respecting removal of fencing from the road widening blocks; (b) satisfaction of the Director, Planning & Development respecting an undertaking and securities to ensure restoration of Salem Road to its current condition should the portion of Salem Road across the frontage of the proposed development deteriorate as a result of construction activity associated with this development. Tree Preservation (a) satisfaction of the Director, Planning & Development respecting submission and approval of a tree preservation shall protect: Department plan which · the hedgerow and wire fence along the north boundary of Lot #9; · the hedgerows along the north boundary of Lot #5 and the south boundary of Lot #6; and, · the dripline of the trees on Lots #1 and #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; -3- 1(,.)5 2.2.6 2.2.7 2.2.8 (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; Dedications / Transfers / Conveyances (a) that the owner convey to the City in a form satisfactory to the City and at no cost to the City: (i) (ii) any easements as required; and, any reserves as required by the City, including a 0.3 metre reserve to prevent the driveway for Lot #3 from being too close to the intersection of the Fifth Concession Road and Salem Road; (b) that the owner convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility; (c) that the owner convey open space Blocks #10 and #11 to TRCA in a form satisfactory to TRCA at no cost to TRCA. Construction Manaqement Plan (a) that the owner makes satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) (ii) (iii) (iv) (v) (vi) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; 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; ensurance that the City's Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; the provision of mud and dust control on all roads within and adjacent to the site; type and timing of construction fencing; location of construction trailers. Development Charqes (a) satisfaction of the City financially with respect to the Development Charges Act. 2.2.9 2.2.10 2.2.11 2.2.12 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. Fencing (a) satisfaction of the City with respect to the provision of temporary silt fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works; (b) satisfaction of the City with respect to the provision of noise attenuation fencing as per a noise report approved by the City of Pickering. Design Planning (a) the satisfaction of the Director, Planning & Development Department respecting a report outlining siting and architectural design objectives for the development, and the submission of site plans and architectural drawings identifying how each unit meets the objectives of the report, prior to the issuance of any building permit for the construction of a residential unit on the lands; (b) the report outlining siting and architectural design objectives for the development must address building envelopes, house designs, siting, upgraded side/flankage elevations at entry, and streetscapes as well as garage designs, locations, massing, width, and projection from the main dwelling; (c) the report outlining siting and architectural design development must address driveway placement and room is maintained to accommodate street furniture; objectives for the ensure adequate (d) that the owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing. Noise Attenuation (a) that the owners satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features satisfactory to the Region of Durham, and the City of Pickering. -5- 10 7 2.2.13 2.2.14 2.2.15 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, lot grading, streetlights, fencing and tree planting, and financially-secure such works, including the future restoration of Salem Road, should the portion of Salem Road across the frontage of the new lots deteriorate as a result of the new driveways to the new lots for this development; (b) that the engineering plans be coordinated with the architectural design objectives and further the engineering plans shall coordinate the driveway width, street hardware and street trees in order to ensure that conflicts do not exist, asphalt is minimized and street trees are accommodated; (c) that the owner satisfy the City respecting ditching requirements and culvert installations. Other Approval Agencies (a) that the subdivider satisfy all the requirements, financial and otherwise, of the Region of Durham, including, but not limited to the approval of private sewage disposal systems and drilled wells and for a well-monitoring program for the drilled wells; (b) that the subdivider satisfy all the requirements, financial and otherwise of the Toronto and Region Conservation Authority; including, but not limited to stormwater management systems, revisions to the lot lines of Lots #1 and #4 to exclude the dripline of existing vegetation, conveyance of open space Blocks #10 and #11 to TRCA, protection of the hedgerow along the north boundary of the subject lands, appropriate zoning to restrict permitted uses and structures on open space blocks to conservation/flood control uses only; (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. Parkland Dedication (a) that the subdivider provide to the City cash-in-lieu to satisfy the shortfall of parkland dedications, to the satisfaction of the Director, Planning & Development, in order to satisfy Section 42(1) of the Planning Act, recognizing that part of the total required has already been paid to the City for the two lots created by the recent approval of Land Division Applications LD 220/04 and LD 221/04. 10 i.;, -6- 2.2.16 Edge Mana,qement (a) that the subdivider provide an edge management plan, to the satisfaction of the Director, Planning & Development Department, such Plan to contain, among other things: (i) an identification of all hazard trees located at the edge of the property to be removed prior to the initiation of works on the site; (ii) protection hoarding as required during the construction process; (iii) grading details which confirm that the root zone on the adjacent vegetated areas will be protected; (iv) plans for the edge planting adjacent to rear lots; (v) the planting of trees/landscaped stock as per the approved plan. APPENDIX II TO REPORT NUMBER PD 32-05 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 2,5/02 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 25~02 That prior to forwarding an implementing by-law to City Council: (a) Draft Plan of Subdivision S-P-2002-05 receive draft approval; and, (b) A Draft 40 M Plan be submitted that incorporates the revisions referred to in Report PD 32-05 to the satisfaction of the Director, Planning & Development. That the implementing zoning by-law include, but not be limited to the following: (a) permit the establishment of detached dwellings in accordance with the following provisions: (i) minimum lot area of 0.6 hectares; (ii) minimum lot frontage of 30 metres; (iii) minimum front yard depth of 15 metres; (iv) minimum rear yard depth of 15 metres; (v) minimum interior yard width of 7.5 metres, with an exception that the side yard setbacks for Lots #5, #6, and #9 be increased to protect the hedgerows and the Open Space zone; (vi) minimum flankage side yard width of 15 metres; (vii) maximum building height of 12.0 metres; (viii)minimum gross floor area of 140 square metres; (ix) maximum of one dwelling unit per lot; (x) maximum lot coverage of 20 percent; (xi) parking requirements: A minimum two parking spaces; B a detached private garage may be erected in a side yard or a front yard provided that such garage is located not less than 7.5 metres from the side lot line and not less than 15 metres from the front lot line. (xii) accessory structure requirements: all accessory structures, except a detached private garage, which are not part of the main building, shall be erected in the rear yard and shall be not be less than one metre from any lot line. (b) zone open space Blocks #10 and #11 and the hedgerow along the north lot line of Lot #9 as Open Space-Hazard Lands to permit the following uses: · conservation of the natural environment, soil and wildlife and resource management; · no buildings or structures, no fill or removal of fill, except for flood and erosion control or for resource management. (c) include appropriate provisions permitting the construction of not more than one model home. 1il ] L I " r J HIGH'%IAY 7 ._1 City of Pickorin9 Plannino & Dovolopmont Dopa~mont PROPER~ DESCRIPTION PART LOT 7, CONCESSION 5 OWNER W. BROWN DATE JULY 13, 2005 DRAWN BY JB FILE No. SP2002-05; ~5/02 SCALE 1:10000 CHECKED BY SG ............. p ................. pp ........... ght. R ........ Not o p .... f .... y. PN-RUR INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - SP 2002-05; A25/02 L. BITONDO PART 1, PLAN 40R-17683 LOt 10 LOT 9 LOT 9 LOT 8 LOT B ~ BLOCK 10 OPEN LOT 7 LOT 7 120.000 EXHIBIT 2 g LOT 5 LOT 6 LOT 6 PART OF LOT 7, CONCESSION 5 -- LOT $ LOT 2 LOT 1 BLOCK 11 OPEN SPACE 24,5O0 LOT 1 LOT 2 5th CONCESSION ROAD LOT 5 ~ LOT 4 ~ LOT 3 ~d BLOCK ~-HIS MAP WAS PRODUCED BY [HE C/FY OF PICKER/NO, PLANNING ~ DEVELOPMEN? DEPAR?MENr, INFORMATION & SUPPOR? SERVICES, MARCH 6, 200J. ATTACHMEI~,IT # ~ ,,, TO PICKERING 113 INFORMATION REPORT NO. 11-03 FOR PUBLIC INFORMATION MEETING OF March 20th, 2003 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision Application SP-2002-05 Zoning By-law Amendment Application A 25/02 Bitondo Enterprises/W. Brown Part of Lot 7, Concession 5 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the west side of Salem Road, north of the 5th Concession Road; a property location map is provided for reference (see Attachment #1); the property is currently occupied with a farm house, a second residential dwelling and associated farm buildings; lands not occupied by the residential portion of the property are relatively fiat idle land being a former field and wooded lands forming part of the Carruthers Creek valley lands; the site's topography slopes gently from the north to the southeast while the western lands that are adjacent to Carruthers Creek slope in a westerly direction toward the creek; surrounding land uses are: north Hawthorn Golf Club; south on the south side of the 5th Concession Road in the Town of Ajax is a Hydro corridor and vacant land; east on the east side of Salem Road are vacant lands and agricultural lands; west estate residential on the west side of Carruthers Creek. 'Information Report No. 11-03 2.0 APPLICANT'S PROPOSAL Alex Artuchov on behalf of the owners, have 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 applicant's proposed subdivision plan is provided for reference (see Attachment #2); the draft plan proposes the creation of nine new residential lots; the existing farm residential property is located on lands in the middle of the draft plan, however these land are not part of the draft plan of subdivision; the result is that the existing farm homestead property bisects the draft plan creating two unconnected portions; all lots are proposed to front onto either the 5th Concession Road or Salem Road; the western blocks of both the southern and northern portions of the draft plan are proposed open space blocks; road widening blocks are shown for both the 5th Concession Road and Salem Road; lot sizes range from 0.5ha (5,500 m2) to 0.7ha (7,198 m2) with the lot frontage ranging from 25 m to 60.8 m; the following chart outlines the proposed development detail: Details of the Draft Plan Total area of draft plan -- Area proposed for residential development -- Open Space/Conservation blocks -- Road widening -- Number of detached dwelling lots - Net residential density (units per hectare) -- 9.32 hectares 5.84 hectares 3.10 hectares 0.38 hectares 9 1.5 3.0 3.1 OFFICIAL PLAN AND ZONING Durham ReRional Official Plan designates the subject lands as Country Residential Subdivision, where development is intended to be predominantly for housing purposes; the maximum number of dwelling units permitted in the subject Country Residential Subdivision is ten units; in the vicinity of the subject property lands are designated as Major Open Space; Salem Road and the 5th Concession Road where they abut the draft plan are both designated as a Type B Arterial Road; the proposal appears to conform to the Durham Region Official Plan; Information Report No. 11-03 ATTACHMENT f,..,,, -~ TO REPORT ,f' PD .,~ -0 ~ Page 3 3.2 3.3 Pickerin.q Official Plan - designates the subject lands as Rural Settlements - Country Residential; - permissible uses within the Rural Settlements - Country Residential designation include residential uses, including detached dwellings units; - Country Residential lands are intended to be developed with large lots with no potential for growth; - the proposed draft plan is within the Saxton Glen Country Residential area and forms Phase II of the development of the this area; - Schedule II of the Pickering Official Plan - Transportation Systems designates Salem Road and the 5th Concession Road where they abut the draft plan as a Type B Arterial Road; - Type B Arterial Roads are designed to carry moderate volumes of traffic at moderate to high speed and have some access restrictions; - Schedule III of the Pickering Official Plan - Resource Management designates lands abutting Carruthers Creek as Shoreline and Stream Corridors; Shorelines and Stream Corridors identify lands that may be prone to flooding and water impacts and require an environmental report to be submitted that appropriately addresses any environmental constraints on the subject property; in accordance with Official Plan policies, an environmental report should be submitted; the subject applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; Saxton Glen Settlement Plan the Saxton Glen Settlement Plan designates the subject lands as Country Residential and Open Space System - Natural Areas; the Saxton Glen Settlement polices recognize the existing dwelling; requiring that development is undertaken in a manner that respects the environmental features of Carruthers Creek; recognizes that the lots will front onto existing roads; and, endeavours to ensure the country residential environment of the settlement is maintained; 3.4 Zoninq By-law 3037 the subject lands are currently zoned "A" - Rural Agriculture Zone, by Zoning By-law 3037 as amended; the existing zoning permits a range of agricultural uses, one detached dwelling, some recreational and community institutional uses, and selected agricultural commercial uses; an amendment to the zoning by-law is required to allow the development of the proposed draft plan of subdivision. Information Report No. 11-03 Page 4 11 , 4.0 4.1 4.2 RESULTS OF CIRCULATION Resident Comments - no resident comments have been received to-date; Agency Comments - no agency comments have been received to-date; 4.3 Staff Comments - in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development is compatible with, and sensitive to, surrounding land uses: · ensuring that the proposed subdivision will fit in with the existing residential dwellings located in the centre of the draft plan, but not included in the draft plan; · ensuring that the lotting pattern and dwelling designs maintain a high quality residential streetscape; · the appropriateness of excluding the existing residential property from the draft plan and therefore not conveying all of the valley lands to an appropriate public authority that will result in a land lock open space block; · ensuring that appropriate buffer has been provided between the proposed residential lots and Carruthers Creek; · reviewing the need for an environmental, noise, agricultural, hydrogeological or archaeological reports; · reviewing supporting technical submissions and reports to ensure that adequate information is provided, that technical requirements are met; - this Department will conclude its position on the draft plan design after it has received and assessed comments from the circulated departments, agencies and public. 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; Information Report No. 11-03 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 a 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 6.1 OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing the report; 6.2 Information Received full scale copies of the applicant's submitted plan and reports are available for viewing at the offices of the City of Pickering Planning & Development Department including: · the draft plan of subdivision; · Rural Servicing Study, prepared by Rural Development consultants Limited, dated November 2002; · Settlement Capacity Study, prepared by Alex Artuchov dated November 2002; · Proposed Fill and Storm Water Management Plan, prepared by Schaeffers Consulting Engineers, and dated January 2002; 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. .1_ _1. ~formation Report No. 11-03 6.3 Company Principal the applicant is Bitondo Enterprises who's principal is Leonard Bitondo, have entered into a purchase and sales agreement with the owner of the subject lands William Brown; the applicant has authorized Alex Artuchov to act as agent for the subdivision and rezoning applications. 'OEI01 AL szO sv Ross Pym, MCIP, RPP Principal Planner- Development Review RP:jf Attachments Copy: Director, Planning & Development Lynda Taylor, MCIP, RPP Manager- Development Review ATTACHMENT APPENDIX NO. I TO INFORMATION REPORT NO. 11-03 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date Excerpts from Statutory Public Information Meeting 3~ oo 5' Thursday, March 20, 2003 7:00 P.M. PRESENT: L. Taylor - Manager, Development Review R. Pym - Principal Planner- Development Review G. Romanowski - Planning Technician D. Kearns - Committee Coordinator The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (i) o DRAFT PLAN OF SUBDIVISION APPLICATION SP-2002-05 ZONING BY-LAW AMENDMENT APPLICATION A 25/02 BITONDO ENTERPRISESNV. BROWN PART OF LOT 7, CONCESSION 5 Ross Pym, Principal Planner- Development Review, provided an explanation of the application, as outlined in Information Report #11-03. Alex Artuchov, Agent, advised that the applicant intends to maintain the hedgerow at the northern border of the development, to convey a portion of land into public ownership and to impact Carruther's Creek as little as possible. Hal Whorms, 3225 Greenburn PI., questioned if Block 11 will remain Major Open Space, what will be the source of water, is monitoring of water on the present residential properties being considered and is consideration being given to the speed on Salem Road and the 5th Concession. Richard Wagner, owner of the golf course to the north of the proposed development, advised that he has no objection to the proposal but stated his concern with respect to the hedgerow between this development and his golf course. He would like some type of legal clause or agreement that will ensure that the new owner maintains this hedgerow. Halima Yeung, 1757 Greenvale Cres., advised that he has no objections to this proposal. He questioned if Salem Road will be paved when widened and if gas and hydro services will be brought in for the four homes in the north part of the development. Excerpts from Statutory Public Information Meeting ?~,~,,~,~?~ ~ ~ Thursday, March 20, 2003 3~-o.5- 7:00 P.M. 12i Alex Artuchov, Agent, advised that well water will be provided to the new homes and that three wells have been dug and ample water is present. This will now go through the Health Department to ensure water quality is up to standard. The speed along Salem Road and the 5th Concession will be reviewed. He advised that Mr. Brown, applicant, is also concerned with maintaining the hedgerow and reasonable conditions will be considered. The homes in the development will be very similar to Saxton Glen. Hydro Services will come from the existing line but will be buried to the residence. He did not, as of yet, have any information concerning gas lines. 5' Location: 3470 Salem Road, Pickering, Ont. Phone & Fax: (905) 686-2028 Mailing Address: P.O. Box 464, Pickering, Ontario LIV 2R7 City of Pickering Civic Complex Planning and Development Department 1 The Esplanade Pickering, Ontario L1V 6K7 Attn. Linda Taylor Planning: Manager Development Revue March 28/2003 Re: Draft Plan of Subdivision SP-2002-05, Zoning By-Law Amendment A 25/02 Britondo Enterprises Dear Ms. Taylor, As I stated at the information meeting on March 20~2003, our main concern is the border between the golf course and the subject property, from Salem Road to the Carruthers Creek corridor. Along this border exists a row of thick vegetation, some mature trees, large fieldstones and boulders, which create a habitat for small wildlife and also a privacy buffer between the properties. There is a wire fence in place on the south side of this buffer, which has been in existence for decades. We propose that the City of Pickering puts in place a legal and binding instrument on Title that would prevent the future owners of this lot from indiscriminately bulldozing and clearing away any part of this buffer area. We ask that the existing wire fence remains permanently in place at its present location and is maintained on a regular basis. Also, since the homes would be on private wells, we would suggest that steps are taken, so that future owners make use of this water supply responsibly with gauges to monitor consumption. The well water source is of major importance to the golf course in terms for its irrigation needs and supply to the Clubhouse. Richard Wagner Hawthorne Valley Golf Course Hand delivered: March 31/2003 ,Gaunt, Steve, From: Sent: To: Cc: Subject: Joan Moritsugu [jhmoritsugu@hotmail.com] Thursday, March 20, 2003 3:13 PM Taylor, Bruce; Taylor, Lynda Pickles, David, Councillor; Johnson, Rick, Councillor; Gaunt, Steve Draft Plan of Subdiv'n App (SP-2002-05) and Zoning By-law Amendment App(A 25/02) 123 Dear Mr. Taylor, Would you please add the Greenwood and Area Ratepayers(aka GARA-address below) to the list to receive notice of future meetings for the subject application. I am not able to attend the Public Meeting on March 20th personally, but would like the contents of this note to be added to the file for this application. As you are know, the GARA has asked the City many times over the last few years to conduct a.comprehensive study of potential expansion for the hamlet of Greenwood and the surrounding area. We view this application to be located in our 'surrounding area'. Steve Gaunt, of the City's Planning department is in the process of scoping ~ work session, scheduled for April 5th, to look at the Greenwood situation. _'his 'charette' is being driven by the Bitondo application on Westney Road. We feel this application should be discussed in the session and have apprised Mr. Gaunt. We again request that an overall plan be determined to address all the known mitigating factors (ware? supply and quality, 407 expansion, Seaton, Westney Road bypass,etc.), rather than entertaining and probably allowing, piecemeal development to occur. Thank you. Joan Moritsugu Chair, Greenwood & Area Ratepayers Association 2370 Concession 6 Greenwood, ON. L0H 1H0 Tel: 905-427-8578 FAX: 905-427-4876 Tired of spam? Get advanced junk mail protection with MSN 8. http://join.msn.com/?page=features/junkmai1 The Regional Manicipality of Durham Planning Department 1615 DUNDAS ST. E. 4TM FLOOR, LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-728-7731 Fax: 905-436-6612 E-mail: planning@ region.durham .on .ca www. region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning "Service Excellence for our. Communities" November 5. 2004 ~'rT~,CHMENT ~¢ ~7 _TO [-;?OF~ ~' PD~C2-- Mr. N. Carroll Director of Planning Planning Department City of Picketing 1 The Esplanade Picketing On L1V 6K7 Dear Mr. Carroll: Re.' Regional Review of an Application for Plan of Subdivision File No.: S-P-2002-05 Applicant: Bitondo Enterprises Municipality: City of Pickering Please Quote Ref. No.:. ~? The Region has reviewed the captioned application and the folloWing comments are offered with respect to compliance with the Regional Official Plan, delegated provincial plan review responsibilities, and the proposed method of servicing. Official Plan Conformity The plan of subdivision is identified as Country Residential Subdivision No. 34 in the Region of Durham Official Plan. The number of lots, and general lotting pattern for the plan, were established with the approval of this designation. Provincial Policies and Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities delegated to the Region. This site is located in the northwest quadrant of Salem Road and the 5th .Concession Road, both designated as "Type B" arterial roads in the Regional Official Plan. A Noise Impact Study, dated April 2003, was submitted to the satisfaction of the Region. The recommendations of the study are required to be included in the City of Picketing Subdivision Agreement. The site characteristics indicate a high potential for the presence of archaeological remains. Therefore, the applicant should be advised that an archaeological assessment is required. It must be prepared in accordance with the Ministry of Cultures Archaeological Assessment Guidelines, and submitted to the Ministry for review. Private Services A rural servicing study was submitted for the captioned application. The study was subject to a peer review process. Methane gas was confirmed to be in the water supply aquifer for this site. In accordance with the new Ministry of Environment directive, a Directors Consent Form, signed by the Director of Environmental Monitoring and Reporting Branch, will satisfy the Health Department regarding the treatment of methane !00% Post Consumer Page 2 gas. The Health Department is satisfied that private services can be provided to the proposed lots in accordance with the conditions of draft approval attached to this correspondence. Based on the foregoing, the Region has no objection to the draft approval of this plan. The attached conditions of approval shall be completed prior to the Region providing final clearance for this application. In addition to sending the Region copies of the draft approved plan and conditions of approval, please e-mail a digital copy of the conditions of draft approval to the planner responsible for the file. Feel free to contact Celeste Terry, Planner in this Department, with any questions or concerns. Yours truly, Jim Blair, M.C.I.P., R.P.P. Director, Current Operations Branch Attach.: Conditions of Draft Approval CC' Alex Artuchov Region of Durham Health Department, Attn.: Region of Durham Works Department, Attn.: H.G. Law, Senior P.H.I. P. Castellan, Dev. Appr. SBBSUB.TXT Attachment to letter dated November 5, 2004 Re: S-P-2002-05 Bitondo Enterprises City of Picketing '7 =!,,.ANNING & DEVELOPMENT C, EP&RTMENT CONDITIONS OF DRAFT APPROVAL o The Owner shall prepare the final plan on the basis of the approved draft plan of subdivision, prepared by Schaeffer & Dzaldov Limited, identified as Job No. 02-154-01, dated January 31, 2003, which illustrates 9 lots for single family residential development on private services, and blocks for road widening and open space. The Owner shall submit plans showing the proposed phasing to the Region of Durham and the City of Pickering for review and approval if this subdivision is to be development by more than one registration. The Owner shall grant such easements as may be required for utilities; drainage and servicing purposes to the appropriate authorities. The Owner shall satisfy the requirements of the Region of Durham Health Department with the provision of private sewage disposal systems and drilled wells. The implementation of this condition shall involve the inclUsion of appropriate provisions in the Regional Subdivision Agreement such as standard paragraph 6 pertaining to private sewage disposal systems and drilled wells. The water supply aquifer is confirmed to have the presence of methane gas. Therefore, each well must have a Directors Consent form signed by the Director of Environmental Monitoring and Reporting Branch of the Ministry of the Environment prior to the issuance of a building permit for the dwelling. The 'Owner shall have the water chemistry including methane tested for each water supply well by a qualified hydrogeologist. Treatment options for parameters that exceed the Ontario Drinking Water Guidelines shall be prepared and the Owner shall install the necessary treatment equipment. The City of Pickerings hydrogeologist shall confirm the necessary treatment equipment has been installed before final occupancy of the dwelling. The Owner shall agree in the City of Pickering Subdivision Agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. Prior to final approval, the proponent shall engage a qualified professional to carry out, to the satisfaction of the Ministry of Culture, an archaeological assessment of the entire development property, and mitigate, through preservation or resource removal and documentation, adverse '7 9 10 Page 2 impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. The Owner shall satisfy all requirements, financial and otherwise, of the Region of Durham, This shall included, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of subsurface sewage disposal systems, drilled wells, roads and other Regional services. The subdivision agreement between the Owner and the City of Picketing shall contain, among other matters, the following provisions: b) c) d) e) Each drilled well is to be constructed in the recommended target aquifer that is generally 30 metres below grade. A building permit shall not be issued until a well record is presented confirming that the well has been successfully completed in the target aquifer. In the event that after a reasonable attempt to construct a well in the deep aquifer results in an inadequate yield or adverse water' quality, an alternative aquifer may be exploited at the direction of a qualified hydrogeologist. A pumping test of a minimum of 2 hours duration at a constant pumping rate of a least 25 L/min shall be performed and the City of Pickerings hydrogeologist shall confirm the well water is adequate quantitatively and qualitatively. The City of Pickeri. ngs hydrogeologist shall confirm that the water is adequately treated for removal of methane and any health related parameter under the Ontario Drinking Water Guidelines prior to final occupancy of the dwelling. A Warning Clause shall be put in the local agreement stating: "All prospective purchasers shall be advised in advance that treatment for methane is required and is the responsibility of the subdivision owner to install adequate treatment equipment. Also, treatment for elevated iron, manganese and hardness is likely and that they may wish to consult with a qualified person to Obtain advice in this regard." The developer shall adhere to the demonstration lot layout plan as submitted by Rural Development Consultants Limited dated May 2, 2003, Project 87-548. The developer shall retain a qualified professional sewage system designer to provide the design for the private sewage systems. The sewage system design for each lot shall be submitted for review to the Durham Region Health Department to ensure compliance with Part 8 of the Ontario Building Code. The developers engineer shall conduct on-site soil tests on the primary sewage system area for all lots to determine the soils permeability. The engineer shall provide analysis of the soil tests describing grain size analysis; co-efficient of permeability and estimated percolation T times to the Health Department for review and approval. sbbO2_s.txt Page 3 The developer agrees to submit a copy of the final grading plan to the Region of Durham Health Department. In the event that there are significant differences in the final grading plan and the demonstration lot layout plan that may effect the location of the proposed private sewage system areas, the developer shall make the necessary revisions to the satisfaction of the Region of Durham Health Department. TORONTO AND REGION onserva lon for The Living City July 16, 2004 CFN 35136 Mr. Steve Gaunt City of Pickering Pickering Civic Centre One The Esplanade Pickering, Ontario LlV 6K7 Dear Mr. Gaunt: RECEIVED JUL 2 6 20Oz CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Re: Draft Plan of Subdivision SP-2002-05 Salem Road and the 5th Concession City of Pickering (Bitondo) Further to our discussions and after receipt of your letter dated June 23ra confirming your agreement to accept modifications to the proposed plan of subdivision to reflect TRCA requirements for the protection of vegetation on the subject lands, we offer the following comments. The proposal to construct a 9 lot subdivision on the lands has been reviewed by TRCA staff. The applicant has provided grading plans to indicate how an existing floodplain spill will be contained in accordance with the Authority's Valley and Stream Corridor Program. The grading plans are acceptable to engineering staff. In addition the applicant is prepared to revise lot lines at lots 1 and 4(see attached sketch) and by way of a letter has indicated the acceptance of conditions related to the same. The applicant has also indicated his acceptance of the protection of a hedgerow at the north property line adjacent to lot 9 to the satisfaction of TRCA. In light of the above TRCA staff have no objections to draft approval of the plan of subdivision with the following conditions: Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the owner shall submit for the rewew and approval of the Toronto and Region Conservation Authority, (TRCA), the following: a detailed report that describes the storm drains§o system for the proposed development of the subject lands. This report should include: plans illustrating how this drainage system will tie into surrounding drainage systems, ie. Is it part of an overall drainage scheme? How will external flows be accommodated? What is design capacity of the receiving system? stormwater management techniques which may be required to control minor or major flows; proposed methods for controlling or minimizing erosion and siltation on-site and in downstream areas during and after construction; location and description of all outlets and other facilities which may require permits under Ontario Regulation 158. 5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www. trca.on.ca 130 Steve Gaunt - 2 - July 16, 2004 N.B.: It is recommended that the developer or his consultant contact the Authority prior to the preparing the above report to clarify the specific requirements of this development. That the plan be revised to exclude the dripline of existing vegetation within lots 1 and 4 to the satisfaction of TRCA and in accordance with a letter of agreement provided by the applicant as dated July 23rd, 2004 and as indicated on the drawing enclosed. That the applicant obtain any permits required under Ontario Regulations 158 for works on the subject lands. .. That prior to the final registration of this plan, the owner enter into an agreement with either the TRCA or the City of Pickering with respect to the acquisition of the valleyland block identified as blocks 10 and 11 on the subject plans as modified to include the dripline of vegetation along lots 1 and 4. That the applicant protect the existing hedgerow along the north property line to the satisfaction of the Town of Pickering and the Toronto and Region Co nservation Authority. 6. That the owner agree in the subdivision agreement, ~n wording acceptable to the TRCA: (A) (B) (C) to carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations referred to in the report(s), as required in Condition I above. to obtain a permit for the works described in the above Conditions. prior to registration of the plan, to erect a permanent chain link fence between all lots adjacent to the valley corridor to the satisfaction of TRCA The municipality's restricted area by-law shall contain provisions which will have the effect of prohibiting all buildings and structures of any kind; the placement of fill; or the alteration of a watercourse other than as required for flood or erosion control within the open space blocks 10 and 11. In order to expedite the clearance of the above conditions, we would request that a copy of the signed subdivision agreement be forwarded to this Authority. We trust that this is satisfactory. If you have any questions please contact the undersigned at ext. 5306. Senior Planner Development Services Section Ext. 5306 Encl. F:\PRS\Corresp\PICKERIN\2OO4\bitondo-Julyl 2.wpd /~TTACHMENT#,, C~ TO REPORT # PD,,,, .-~ Ministate des Affaires clviques, de la CuEure et de~ Lolslrs 400 University Ave. 4~ FI. 400 Ave. Univemity, 4. &rage Toronto, ON M7A 2Rg Toronto, ON M7A 2R9 Heritage Operations Unit Tel: (416) 314-7147 Fax: (416) 314-7175 Ema~i: winston.wang ~ mc. zcr. gov.oo,ca Ontario October 30, 2003 Attn: Urban Latitude 789 Don Milb Road Suite 500 Don Mills, ON M3C 1TS Dear Sir/Madam: Re: Stage 1-2 Archaeological Ar~e..~ments of 23,3 acre Proposed Subdivision Part of Lot 7, Conce~on 5 Town of Picketing - Regional Municipality of Durham Clearance of Development Lots Licence/CIF~s: P029-11 MCL File: 15SB180 Th~s is m advise tzar this office has reviewed three Stage 1-2 archaeological resource impact aase~smen/report by AreMeowOrks Inc., with rega_~ls to the parcel of land f,~ development within Part of Lot 7, Concision 5 in the Town of Piclc~ring involving nine lots. The archaeological assessment r~po~t meet the requirements under the Min~'rry Archaeological Azsessment Technica~ Guidelines, and the report also complies with the archaeological licensing provisions under the Heritage Act. Since there were no significant archaeological heritage resources or remains identified within the assessexl areas, no timber arehaeologlcal assessment work is z'equjmd for these parcels of tand coveting lots 1 m 9- The development ~vering the subject nine development only lo~s will be able to proceed without any fu~her archaeological resotcce concerns. However as indicated in the repor~ and on the draft plan map legally surveyed by $ch~ef:fer & Dzaldov Ltd., there axe 3.10 ha of land corresponding to Block.~ 10 & 11 idenfifed as 'conservation areas'. These areas were not sy~mafically assessed because the parcels will be protected using a proposed envkonmenmlly protected zone and~or wilt be Wansfeared to public ownership for conservation purposes. Copies of any future zoning bylaw or amy ~ociated easement agreement(s) eonsex4ng these Blocks shall be forwarded m thi~ office by the City of Picketing for otc files. If there are any changes to this process which m~y cause grading or mi] disr.~rbances on Blocks ~ 1 and t2, a licensed archaeologist will bt retained to can7 out additional assessment within those Blocks. In the ~vent of unexpired discoveries of deeply buffed archaeological remains, foundations or cemetesies, or other cutttcal heritage feav. tr~ at any time during subdivision construction, a licensed arehaeologist may ae~ to do ~¢ther as~ssment. Staff of the Ministry of Culture should be contacted if this occurs. Yours truly, Winston Wang MC]P Heritage P]armer cc: City of Picketing- Planning Dept. Arehaeolworks Inc. MCL Licensing Administrator 13i $~ TOTRL PRGE.OE ** 13£ Distribution Planning 500 Elgin Mills Road East Richmond Hill Ontario L4C 5Gl E N B R ! D G E March 3, 2002 ED BELSEY, PANNER II, DEVELOPMENT REVIEW CITY OF PICKERING PICKERING CIVIC COMPLEX ONE THE ESPLANADE PICKERING ON L1V 6K7 Dear Sir/Madam: Re: Part Lot 7, Concession 5, City of Pickering Zoning By-law Amendment Application A25-02 It is requested that the following conditions be included in the subdivision agreement. The owner is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. Streets are to be constructed in accordance with the municipal standards. The owner shall grade all streets to final elevation prior to the installation of the gas lines, and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. Yours truly H. Wilcox Supe~isor, Plying and Desigm 905 883-2613 HW/bs S:DistPlanLTR2.doc Right of Way Floor 5,100 Borough Drive Scarborough, Ontario M1P 4W2 Tel: (416) 296-6291 1-800-748-6284 Fax: (416) 296-0520 /! MAR I 7 2003 CiTY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT March 11,2003 Town of Pickering Planning Department 1 The Esplande, Pickering, Ontario LlV 6K7 Attention: Ed Belsey RE: Draft Plan of Subdivision 6TH Conc. 5TH Concession File No: SP-2002-05 Town of Pickering Thank you for your letter of 24 February 2003 concerning the above proposed Draft Plan of Subdivi.~ion. Would you please ensure that the following paragraphs are/have been included as conditions of Draft Plan Approval: The Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, any easements that may be required for telecommunication services. Easements may be required subject to final servicing decision. The Owner shall be requested to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the owner shall advise the municipality of the arrangement made for such servicing. If there are any conflicts with existing Bell Canada facilities or easements, the OwnedDeveloper shall be responsible for re-arrangements or relocation. If you have any questions, please contact Jackie Wilkinson at (416) 296-6430. Yours truly, L'J'anice Young ,~A-/Manager - Right of Way ~r~01-2003 THU 01:29 1 FAX No, P, 02/03 VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION RE¥IEW PROJECT NAME: Bitondo/Bm~n - D,aft Plan of Subdivision & Zo~fing By-Law Amendment ADDRESS/PLAN: Part Lot 7. Concession 5 .... . ....... ] MUNICIPALITY; Pickedr~g ,,] R~F. NO.: SP-2002-05 & A 25/02 SUBMISSION DATE; l~ebruagr 21, 2003 10. 11- Electric Sordce b available on the *cad Seining ~1 be from S~ Road. .~ extenhon of &e Co~orafioi~'s plant is teq~ed on ~e mad ~ow~ee ~ ozde~ to se~ce ~s project. ~ such ext~siom ~e normally undergro~d. lndihflu~ meters [o~ ea~ ~it is ~eq~ed. ~e ~pplicant may be requked m pm~de ca S~em Road to supple The fogo~g standard ~ed fee cos~ ~ ~ppl7 (~ ~re~ am appm~ate): Sex,ce Co~ecfion Fee $130.00 p~ ~s~g Co,option plant on Salem Ro~ may have re'be tephced/relocare~/p~ced ~de~d at the App~cant'~ cost m aeeo~odate ~e proposed The App~cant mu~t make ~rect app~cafion m ~e se~qce ~mg~ts md ~d work fo~ ~ project. The app~ant is caufiooed ~at tenders, contact, or wo~ ~t~ pfio~ to obmiaing sp:~c gppro~ ~ be sub~ec* to ~a~e. A Sem~g Ag~e~t may be required ~th ~e Corpora~on ~ o~der m obta~ se~g for ~s site. AR work ~om ~e pubhe mad aRo~ce m ~e se~ce mn~g~c: aBd ~: metering ax~ngemmts must comply ~& ~e Co~o*gfioa's ;cq~rcmcnts ~d spcc~cafio~s, P~o~ m ob~g a b~g p~g ~e App~can~ sh~ hy ~eement, co~fi~ gcceptance of~e teams ~d c~fions of p:ov~g ~cc~cfl ~dse~D~, ~pe~fic~ly ~:cs ~fl shrubs, sbodd be z~oc~md away fzom ~ Co~fi~'s ~ansfo~ct to ~oi~ ~t~c:c~ ~th eq~pmeat access ~d ~e ~o~. Lop~ded appe~ace of ~ees flora ~mfi~g may zes~fl~ CiTY OF r .... ~.~, '~G pLANNING & DEVELOPMENT DEPARTMENT ,,~01-2003 THU 01:30 F~qX NO. 3,~ P~ge 2 VF_~I~D LAN CONNECTIONS DEVELOPMENT APPLICATION KEVIEW 12. V=;idla~ Comaec~ions has no objectio,~ to fh~ proposed development. Please fo~a~d a copy submission ci~fil design ~o that 'Vet{dim Connections may p~ep~x~ au electric~ design and m Offer to Sezv~;e. 03/03 135 Technica] ILcprescatative - Pe~e~ pera'iw Telephone 427-9870 E~xt. 3252 PP/df Rev, Date: November 1, 1999 13q /3 Trans-Northern Pipelines Inc. 45 VOGELL ROAD, SUITE 310 RICHMOND HILL, ONTARIO L4B 3P6 2003-03-04 TEL: (905) 770-3353 FAX: (905) 770-8675 via Post Ms. Lynda Taylor, Manager Development Review Administration Department, Clerk's Division City of Picketing Picketing Civic Complex One The Esplanade Picketing, Ontario L1V 6K7 Dear Ms. Taylor: Draft Plan of Subdivision Application SP-2002-05 Zoning By-law Amendment Application A 25/02 NW Corner, Salem Road and Fifth Concession Road Our Ref.: MP-61, R/W-16, -17, Adj. Thank you for notice of the subject applications. Trans-Northern's petroleum products transmission pipeline lies roughly 50 metres south of the lands in question, across Fifth Concession Road in the Town of Ajax. Trans-Northern has no comment on the applications themselves, but notes that if servicing of the proposed subdivision requires that road improvements or other facilities be carded across the pipeline, these will have to be designed and implemented in accordance with Section 112 of the National Energy Board Act and the Pipeline Crossing Regulations. Relevant guidelines are available to the applicant and landowner upon request. Again, thank you for including Trans-Northern in the subdivision planning process. Yours very truly, Walter H. Watt Property Administrator THE DURHAM 'DISTRICT SCHOOL BOARD Facilities Services 400 Taunton Road East Vhitby, Ontario L1R 2K6 Telephone: (905) 666-5500 1-800-265-3968 Fax: (905) 666-6439 March 3, 2003 The City of Pickering Planning Department Pickering Civic Complex One The Esplanade Picketing, Ontario L1V 6K7 Attention: Mr. Ed Belsey 137 ~A~ ~ 5 ~003 CiTY OF PIGKERiNG PI~OKERtNG, ONTARIO Dear Mr. Belsey, RE: Draft Plan of Subdivision S-P-2002-05 Zoning By-law Amendment Application A 25/02 Bitondo / Brown Part Lot 7, Concession 5 City of Picketing Staff has reviewed the information on the above noted application and has the following comments... Approximately 5 elementary' pupils could be generated by the above noted application. It is intended that any pupils generated by the above noted plan of subdivision be accommodated within an existing school facility. Under the mandate of the Durham District School Board, staff has no objections. Yours truly, Christine Nancekivell, Planner I:\PROPI~AN\DATA\PLNG\S UB\SP2002-05 Taylor, Lynda From: Sent: To: Subject: Hodge, Catherine February 27, 2003 11:15 AM Taylor, Lynda FW: draft plan of Sub. SP-2002-05 ..... Original Message ..... From: Ann. Newman@enbridge.com [mailto:Ann. Newman@enbridge.com] Sent: February 27, 2003 11:11 AM To: Hodge, Catherine Subject: draft plan of Sub. SP-2002-05 Regarding: Draft Plan of Subdivision SP-2002-05 Bitondo/Brown Part Lot 7, Concession 5, City of Pickerin~ Fhis note is to advise the planning department that Enbrid~e Pipelines Inc. does not have any concerns or comments re~ardin~ the above named draft plan of subdivision. Ann Newman CET Crossing Coordinator Enbridge Pipelines Inc. phone: (519) 339-0503 fax: (519) 339-0510 Eastern Region APR Z6 200~ 10:45 FR GTAA AIRPORT PLANN[NG4~6 ??6 5695 TO 9~9054207648 P,02/02 Greater Toronto Airports Authority Lesler B. Pearson international Airport P,O. Box 6031, 3111 Convair Drive Toronto AMF, Ontario, Canada LSP 182 GTAA Airpbrt Planning Naren Doshi Director. Airport Planning Tel: (416) 776-5023 Fax: (416) 776-416g Transmitted by Facsimile (905.) 420-7648 April 14, 2003 Ms, Lynda Taylor, Manager Development Review City of Pickering - Planning & Development Department Picketing Civic CompIex One The Esplanade Picketing, Ontario L1V 6K7 Dear Ms. Taylor: Draft Plan of Subdivision SP -2002-05 Zoning By-law Amendment Application A 25/02 Bitondo/Brown Part Lot 7, Concession 5 City of Picketing We have no conditions for approval of this application. The proposed residential development is in an area that has a Rural Settlements Designation categorized as Country Residential and is in essence is a completion of the original Staxton Glen subdivision. Based on information contained in the Official Plan, the original subdivision was established in the mid-1980's on the west side of Carruther's Creek and a second phase (planned for east of Carruther's Creek) was approved in 1998. This application, we assume is phase two of the development. It is our understanding that in general, the Country Residential category provides no opportunity for additional resident/al development or expansion. You~ truly, Naren Doshi Director Airport Planning 15104/03 2:32 PM ND/o~/pickapps ** TOTRL PRGE.02 ** THE DURHAM CATHOLIC DISTRICT SCHOOL BOARD Catholic Educatior~: Learning & Livb~g in Faith April 22, 2003 City of Pickering Planning Department Pickering Civic Complex One The Esplanade piCkering, ON L1V6K7 APR 2 4 CITY OF PICKERING I~IOKERIN{3, ONTARIO RE: Draft Plan of Subdivision S-P-2002-05 Zoning By-law Amendment Application A25/02 Bitondo / Brown Part Lot 7, Concession 5 Salem Road City of Picketing Please be advised that at the regular Board Meeting of Monday, April 14, 2003, the following motion was approved: "THAT the Durham Catholic District School Board indicate in its comments to the City of Pickering that the Board has no objection to Draft Plan of Subdivision S-P- 2002-05 and Zoning By-law Amendment Application A25/02." The subject lands affected by this application fall within the catchment area of Mother Teresa Catholic School, located 15 Fishlock Street in Ajax. The projected student yield from proposed draft plan of subdivision is 1 student. Sincerely yours, Gerry O'Neill Controller of Planning and Admissions GON:AD:ad 650 Rossland Road West, Oshawa, Ontario L1J 7C4 Telephone (905) 576-6150 Business Services, Fax (905) 576-1981 Patricia Manson, B.A., M. Ed. - Director of Education/Secretary/Treasurer ATTACHMENT d I g ,,,T0 REPORT ,f PD ~-cb.-~-~ Notice of a Public Meeting to be held Thursday, March 20th, 2003 at 7:00 p.m. Picketing Civic Complex - Council Chambers One the Esplanade, Picketing, LtV 6K7 for the following Planning Applications File Type & Number Owner / Applicant Property Location Proposal Date of this Notice Fire Department comments Thursday, March 13, 2003 ~raf{ Plan of Subdivision Application (SP-2002-05) and Zoning By-law Amendment Application (A 25/02) William Brown Salem Road and Fifth Concession Road Generally located on the northwest Corner of Salem Road and Fifth Concession Road (see attached location sketch) To change the zoning on the subject property to implement a proposed Plan of Subdivision application to permit 9 single detached dwelling units. Februaw 26,2003 The Fire Service reserves the opportunity to speak with the owner regarding 'a water supply in the form of a reservoir for the purposes of firefighting. *T~CH~E~,~--_ / ? TO PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM October 17, 2003 To: Steve Gaunt Planner II From: Subject: Robert Starr Supervisor, Development Control Zoning By-law Amendment Application A25/02 Draft Plan of Subdivision Application SP-2002-05 Bitondo Enterprises / William Brown Part of Lot 7, Concession 5 City of Pickering We have reviewed the above-noted application and provide the following comments: 1) A Grading Plan combined with a Tree Preservation Plan should be required that will identify trees or hedge rows along property lines adjacent to existing properties i.e. north lot line Lot 5, south lot line Lot 6, north lot line Lot 4 and along the rear lot lines adjacent to the open space and provide details on sufficient limits of construction and grading to ensure preservation. Preliminary grading and drainage indicating 3 to 1 slopes down to property line will not sufficiently protect these areas. 2) A suitable barrier may need to be provided to ensure satisfactory separation between Lot 9 and the golf course. 3) -0d95~n reserves should be indicated within the road widenings adjacent to Lot 3, so that access from Lot 3 will be set back a suitable distance from the Fifth Concession Road / Salem Road intersection, as access onto either Fifth Concession Road or Salem Road could be proposed. 4) The existing fencing within the road widenings should be required to be removed. 5) The subdivision agreement should address, but not be limited to, lot grading and drainage, fencing (adjacent to open space and/or golf course), tree preservation, road restoration and repairs, driveway entrances and paving of driveway aprons, construction management and erosion and sediment controls, conveyance and dedication of road widenings, performance and maintenance securities, etc. Zoning By-law Amendment Application A25/02 October 17, 2003 Bitondo Enterprises / William Brown ? ? ~,TTACH~,%ENI #. __ TO REPOR1/¢ PD~ ........ Page 2 6) Pregrading on the site will not be permitted without approvals as required by the City and/or other agencies. The City has recently passed a Fill/Topsoil Disturbance By-law that addresses the City's concerns. A copy of that By-law No. 6060/02 is provided with these comments and should be forwarded to the applicant. 7) The City has recently passed a Tree Protection By-law and this property is probably within the areas controlled by this By-law. A copy of that By-law No. 6108/03 is provided with these comments and should be forwarded to the applicant Robert S-~t-b rr RS:bg J;LOocuments'tD e velopm ent Conl~ oAB OBSTAR R~rn em ~a pplica~ions~zoning emendmen~Bilondo & Brown.d~c Attachments Copy: Coordinator, Development Approvals Technician, Development Approvals 2 144 OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM April 14, 2003 To: Ross Pym Principal Planner- Development Review CiTY OF ~LA,NNtNG & DEVELOPMENT DEPARTMENT From: Richard Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Draft Plan of Subdivision, SP-2002-05 Zoning By-law Amendment application, A25-02 William Brown Salem Road and Fifth Concession Road The Municipal Property & Engineering Division is in receipt of the above noted draft plan of subdivision application and zoning by-law amendment application to permit 9 single detached dwelling units and provides the following comments: 1. The configuration of Blocks 10 and 11 to be confirmed in consultation with the T.R.C.A. and based on storm water management report for the subdivision. 2. Cash in lieu of parkland dedication is required. 3. Blocks 10 and 11 to be conveyed to the City or T.R.C.A. 4. Developer to contribute to the asphalt paving of Salem Road across the limit of the subdivision. 5. Driveway locations to be determined. 6. Any ditching requirements and culvert installations are the responsibility of the developer. Ri/Gl4ard Holb/~n, P: Eng. RH:ds ; Copy: Director, Operations & Emergency~Services ISSITEPLANXSp2002-05_A25-02.docApr-03 MINUTES AND DECISIONS DURHAM LAND DIVISION COMMITTEE As per: The Planning Act, the Durham Act and in accordance with the Provincial Rules of Procedure CONSENT APPLICATION heard on: Monday, Mar 14 2005 LD 220/2004 Submission B 042/2005 Owner Agent Location Municipality BROWN WILLIAM ANDREW Artuchov, Alex Part lot 7, Conc. 5 City of Pickering Consent to sever two rural residential lots, .461h and .465ha in area, retaining a .183ha lot with a house. Applications LD 220/2004 and LD 221/2004 were considered in conjunction. Mr. A. Artuchov, acting as agent, attended on behalf of the owner. He advised the Committee that the agency comments were mutually agreeable to his client and the agencies. The Committee had for information reports received from the Regional Municipality of Durham Planning, Health and Works Departments, the City of Pickering, and Toronto and Region Conservation. Agency comments were handed to Mr. A Artuchov. DECISION OF THE COMMITTEE APPPLICANT/OWNERS ARE RESPONSIBLE FOR FULFILLING ALL CONDITIONS. MOVED: R.E. Sutton SECONDED: M.V. Hedge That application LD 220/2004 be approved as applied for, subject to: 1/ That the applicant satisfy the requirement of the City of Pickering, financial and otherwise. 2/ That the applicant satisfy the requirements of Toronto and Region Conservation as specified in comment dated 05 January, 2005. 146 3/ That the applicant submit two copies of a registered reference plan on the subject parcel. 4/ That the consent be subject to the following time periods: Last Date for fUlfilling Conditions is Friday, Mar 24, 2006. Expiry Date of Application LD 220/2004 is Monday, Apr 24, 2006. CLEARING AGENCIES 5/ That prior to the signing of the certificate by the Secretary/Treasurer that the consent has been given, the Secretary/Treasurer is to be advised in writing by the City of Piokering that condition #1 has been adhered to. 6/ That prior to the signing of the certificate by the Secretary/Treasurer that the consent has been given, the Secretary/Treasurer is to be advised in writing by Toronto and Region Conservation that condition #2 has been adhered to. That prior to the signing of the certificate by the Secretary/Treasurer that the consent has been given, the Secretary/Treasurer has to be satisfied that the time periods outlined in condition #4 have been adhered to. CARRIED UNANIMOUSLY Signed by all members present and concurring in this Decision of Application LD 220/2004 on Monday, Mar 14 2005. (CHAIR) D.Sullivan (VICE CHAIR) H.Graham J. Collins L. Evans M.V. Hedge J. Hurst J. M. Komarnicki ~ R. E. Sutton . /? Assistant Secretary/Treasurer ~~]~~~~ Last Date of Appeal of this Decision or a~:~-oCthe conditions therein is gue,~day, Apr 12 2005. ! d 147 MINUTES AND DECISIONS DURHAM LAND DIVISION COMMITTEE As per: The Planning Act, the Durham Act and in accordance with the Provincial Rules of Procedure CONSENT APPLICATION heard on: Monday, Mar 14 2005 LD 221/2004 Submission B 043/2005 Owner Agent Location Municipality BROWN WILLIAM ANDREW Artuchov, Alex Part lot 7, Conc. 5 City of Pickering Statement of application included in LD 220/2004. Applications LD 220/2004 and LD 221/2004 were considered in conjunction. Mr. A. Artuchov, acting as agent, attended on behalf of the owner. The Committee had for information reports received from the Regional Municipality of Durham Planning, Health and Works Departments, the City of Pickering, and Toronto and Region Conservation. Agency comments were handed to Mr. A. Artuchov. DECISION OF THE COMMITTEE APPPLICANT/OWNERS ARE RESPONSIBLE FOR FULFILLING ALL CONDITIONS. MOVED: R.E. Sutton SECONDED: M.V. Hedge That application LD 221/2004 be approved as applied for, subject to: 1/ That the applicant satisfy the requirement of the City of Pickering, financial and otherwise. 2/ That the applicant satisfy the requirements of Toronto and Region Conservation as specified in comment dated 05 January, 2005. 3/ That the applicant submit two copies of a registered reference plan on the subject parcel. 4/ That the consent be subject to the following time periods: LaSt Date for fulfilling Conditions is Friday, Mar 24, 2006. Expiry Date of Application LD 221/2004 is Monday, Apr 24, 2006. CLEARING AGENCIES 5/ That prior to the signing of the certificate by the Secretary/Treasurer that the consent has been given, the Secretary/Treasurer is to be advised in writing by the City of Picketing that condition #1 has been adhered to. 6/ That prior to the signing of the certificate by the Secretary/Treasurer that the consent has been given, the Secretary/Treasurer is to be advised in writing by Toronto and Region Conservation that condition #2 has been adhered to. 7/ That prior to the signing of the certificate by the Secretary/Treasurer that the consent has been given, the Secretary/Treasurer has to be satisfied that the time periods outlined in condition #3 have been adhered to. CARRIED UNANIMOUSLY Signed by all members present and concurring in this Decision of Application LD 221/2004 on Monday, Mar 14 2005. (CHAIR) D.Sullivan (VICE CHAIR) H.Graham J. Collins L. Evans M.V. Hedge J. Hurst J. M. Komarnicki R. E. Sutton ~ ,,~,. ,/~,//'/ Assistant Secretary/Treasurer Last Date of Appeal of this Decision or a~t'~s therein is//,q-uesday, Apr 12 2005. ~, -PlCKERING , bANNING & DEVELOPMENT DEPARTMENT Department 905.42,0.4617 'Facsimile 905.420.7648 plan&devl@city-~ickering.on.ca 14 ic ering Civic .Comple~ One ~e. EspIanade Pickering, Ohtario Canada Li.V 6K7 Direct Access 905.420.4660 · Toil Free 1.866.683.2760 cityofpickering, com March 7, 2005 'Kal Yew Land Division Committee Region of Durham 1615 Dundas Street East Lang Tower, 4th Floor Whitby, ON L1N 6A3 Subject:. LD 220/04 to LD 221/04- William Brown Part of Lots 7 and 8, Concession 5 (3230 Sideline 6) City of Pickering 1. Introduction The .following outlines Land. Division Application LD 220/04 - LD 221/04. Property Location: Proposal: Pickering Official Plan Designation: 3230 Sideline 6 (see attached location map) To create two new lots fronting onto Sideline 6 (Salem Road). ' "Rural Settlement - Country Residential" within the Staxton Glen Settlement Area. The rear' portion of the property running along Carruther's Creek is designated "Open Space System- Natural Area'." Current Zoning: The proposed severance appears to comply/with the policies of th~ Pickei-ing Official Plan. 'A' - Rural Agricultural Zone by Zoning By-law 3037: Frontage (approx.) J Area (approx.) Zoning BY-law Minimum '80 metres I 0.8 hectares Requirement for Retained Lot Zoning By-law Minimum 150 metres 0.8 hectares' Requirement for Severed 'Lots Retained Lot' 66 metres 1.8 hectares Severed Lot 199 metres 4.6 hectares fLD 220/04) Severed Lot 243 metres LD 221/04) The proposed severed lots appear to comply with the minimum zoning by-law requirements. The retained lot has insufficient lot frontage and requires a[}proval of a minor variance ap.3lication from the Committee of Adjustment. 220/04 to LB 221/04 Additional information:. March 7, 2005 Page 2 Committee of Adiustment application (P/CA 09/05) has been conditional approved, for the insufficient lot frontage requirements of the zoning by:law for the retained parcel. The proposed severed lands are currently subject to an appliCation for approval of a draft plan of.subdivision (SP-2002-05), and an application to amend the zoning by-laW. A copy of the current draft plan of subdivision is attached. 2. .Comments The severed parcels of the subject property are currently being considered for a draft plan Of subdivision (File# SP-2002-05,). The retained lands are not. included in Draft Plan of Subdivision SP-2002-05 or the rezoning application. Through the.review-of that subdivision application, the ..Toronto and Region Conse~ation Authority (TRCA) determined that the rear porti.o~ of the pr0perty, r:unning along Car'ruthe¢'s Creek identified as Blocks 10 and 11 (valley land blocks) on the draft plan of subdivision ~ust be conveyed into public 0wnership. Since the retain lands are now part of a Planning Act application, the Consideration for a publiC authority to obt~ain · ownership of a rear portion of the Ce(ained lands has been investigated. TRCA has concluded that they have no objections to the subject applications provided the following conditions are met: ' that the owner of the subject property enter into an agreement to permit an easement across the rear portion of the retained lands to be Created through LD 221/04; and that the owner of. the subject property enter into an agreement to grant first right-or refusal on the transfer of the valley land portion of the retained lands to be created through LD 221/04, to the TRCA. ' The rear portion of the retained land is require'd to ensure that the rear portion of the severed lands can be a continuous block. The proposed valley land block configuration of the'draft plan of subdivision would have created a land locked parcel for one of the valley ands blocks. The Creation of a land locked parcel is undesirable. A draft reference plan (in metric) identifying the dimensions of the proposed retained and severed parcels must be submitted to the City to ensure compliance.with the zoning by-law. A 5.1.8 metre road widening will be required along the frontage of Sideline 6 (Salem Road) from the severed and retained parcels, and a 7.925 metre road widening will be required along the frontage of Fifth Concession Road from the southern severed parcel. The applicant will also be required to prepare appropriate plans and enter into a development agreement with the City. 3. Recommendation The City of Picketing Planning & Development Department has no objection to the approval of Land Severance Applications LD 220/04 and LD ?9l/n,~ m~bj'-'r'f fO the followi.~g conditions of approval being fulfilled to the satisfaction of the Cit,7'~' ~'r~c~;r ~'~lr~nin,~ o ~,___;'_" ...... " ........ -~ , bi o~ ~v~lL~lur~l~rl~' prior to IRe final clearance of 1:ne severances: -LD 220/04 to LD 221/04 ':'? / March 7, 2005 Page 3 151 1. That the Committee of Adjustment decision on P/CA 09/05 for the reduced minimum lot frontage of the retained parcel become final and binding. That the owner submit a reference Plan (ih metric) that confirms the dimensions of the proposed retained and severed lands, and that a survey (in metric) be submitted showing the location of any buildings a:nd structures located thereon. 3.- That any zoning non-compliances identified through Condition n'umber 2 above, resulti'ng from the proPosed, seve'rances, be brought into compliance. 4. That the owner Satisfy the requirements, of the Toronto and Region Conservation Authority with respect to their letter dated January 5, 2005. That the owner convey to the City a 5.18 metre road widening across the frontage of Sideline 6' (Salem Road) from the severed and retained parcels, and convey a 7.925 metre road widening across the frontage of Fifth Concession Road from .the southern severed parcel. 6. The owner satisfy the City for parkland dedication. 7. That any existing structures on the. severed lands be removed. Should these applications be approved, the owner should contact the undersigned to coordinate satisfaction of the City's conditions. Yours truly PK:Id landdiv/commems/2004¢LD220.04a ~o LD221-04a Attachments Copy: Supervisor, Development Control Alex Artuchov, Agent William Brown, Owner Ross Pyr~, MCIP, RPP ~,/' ' Principal Planner- Development Review City of PickerinQ {~')~ ~..~_ o ,-.. ............ annmg& Development Department ~'NCE~o~O~,~ FiLE No. LD 220/04 TO 221/04 FOR DEPARTMENT USE ONLY PN-RURAL SCALE 1:5000 CHECKED BY RP I INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - .~TTACHMB',IT.~_.~ I _TO RF.'POP'r ~ PD__~,¢-.__..._~.~.~ .......... SP 2002-05;A25/02 L. BITONDO LOT ~0 LOT ~ ~OT B LOT ? LOT 6 LOT 5 LOT 2 LOT 1 5th CONCE$2ION ROAD LOT ~ LOT B BLOCK 10 LOT B ~.OT 7 PART OF LOT 7, CONCESSION 5 F TORONTO AND REGION OI S i'V [lOrl for The Living City January 5, 2005 By FAX AND MAIL JAN I ! 2005 C~TY OF P~CKER~NG P|¢[4~RING, ONTARIO CFN 35529.03 X, REF CFN 35136 Ms. Marlene Sargent The Regional Municipality of Durham 1615 Dundas Street East, P.O. Box 623 4th Floor :Lang Tower, West Building WhitbY, 'Ontario L1 N '6A3 JAN I 1 2005 CiTY OF PiCKERING PLANNING & DEVELOPMENT DEPARTMENT Dear Ms. Sargent: Re: Consent Applications LD 220/2004 and LD 221/2004 'Salem Road and 5th Concession Part of Lot 7, Concession 5 City of, Pickering (William Brown) Further to 'the Toronto and Region Conservation Authority's (TRCA) correspondence dated December 2, 2004, regarding the above noted applications for the property located on the north west corner of Salem Road and the Fifth Concession in the City of Pickering, TRCA staff have had the opportunity to fUrther review proposal and offer the following comments. Background As outlined in our letter dated December 2, 2004, the TRCA requested that the submitted applications be deferred until such time as a site Visit could be conducted in order to define the valley feature on the proposed retained lands to be created through LD221/2004. The TRCA was interested in defining the valley corridor along this portion of'the subject property asthis area was not included within the draft approved plan of subdivision SP-2002-05. The subject property abuts a tributary of the Carruthers Creek and contains significant vegetation that forms part of the abutting valley and stream corridor, therefore the TRCA requested that the valley lands be protected through appropriate zoning and be conveyed into public ownership. Site-specific Comments On December 16, 2004 Authority staff met on site with the applicant, the property owner, and City staff in .order to define the valley feature on. the proposed retained lands. Through discussion with the applicant and the owner, the .owner of the property has agreed that in the event of the future transfer of the subject property from the current ownership into other ownership, that the owner would be prepared to convey the valley lands into public ownership. Further, until such time as the valley lands are conveyed into public ownership, the owner of the property has agreed to provide an easement across the rear portion of the proposed retained'lands. ThiS easement will provide a trail connection between the abutting valleyland blocks that are to be created through Draft Plan of Subdivision SP-2002-05 (Blocks 10 and 11). F:\Home\Public\Deveiopment Services\Durham Region\Pickering\LD220-221-04- Jan5.wpd 5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www. trca.on.ca Ms. Marlene Sargent -2- January 5,2005 Recommendations In light of the above, the TRCA has no objections to consent applications LD220/2004 and LD221/2004 provided the following conditions are met: 1) 2) that the owner of the subject property enter into an agreement to permit'an easement across the rear portion of the retained lands to be created through LD221/2004; and that the owner of the subject property enter into an agreement to grant first right or refusa'l on the transfer of the valley land portion of,the retained lands to be created through LD221/2004, to the 'I:RCA. ,~ We trust this is satisfactory..Should you have any questions, please comact.the undersigned. Yours truly, Carla Pierini .Plans Analyst Development Services Section Extension 5314 c.c.: City of Pickering, Planning Department Alex ~Artuchov (FAX: 416-426-6036) F:\Home\Public\DeveJopment Serv ces\Durham Region\Pickering\LD220-221~04- Jan5.wpd