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Home My WebLink AboutPD 30-08 Cit'l 0# REPORT TO PLANNING & DEVELOPMENT COMMITTEE .1 '1 A I ! (~ Report Number: PO 30-08 Date: July 7, 2008 From: Neil Carroll Director, Planning & Development Subject: Request from Mattamy (Brock Road) Limited for Exemption to Section 10 (b) of Fill & Topsoil Disturbance By-law 6060/02 Duffin Heights Neighbourhood Recommendation: 1. That the request of Mattamy (Brock Road) Limited for exemption from Section 10 (b) of Fill & Topsoil Disturbance By-law 6060/02 to allow pre-grading of its lands in the Duffin Heights Neighbourhood be approved; and 2. Further, that the appropriate City officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Mattamy (Brock Road) Limited owns land in the Duffin Heights Neighbourhood, which is subject of a Draft Plan of Subdivision Application and Zoning By-law Amendment Application. Mattamy wishes to proceed at the end of July 2008 with topsoil removal and earthworks for cut and fill to pre-grade, and rough grading for a stormwater management pond. However, City of Pickering Fill & Topsoil Disturbance By-law 6060/02 Section 10 (b) prohibits the Director, Planning & Development from issuing a permit unless the land use to which the proposed work pertains is permitted by applicable by-laws passed under the Planning Act. As the current 'A'- Agricultural zoning of the lands does not permit the development to which the proposed grading work pertains, Mattamy requires Council approval of an exemption from Section 10 (b) of the Fill & Topsoil By-law in order to proceed with the proposed grading work to accommodate future development. Financial Implications: There are no financial implications to this request. Sustainability Implications: This report does not contain any sustainability implications. Report PO 30-08 July 7, 2008 Subject: Exemption to Fill & Topsoil Disturbance By-law 6060/02 Section 10 (b) Page 2 ~'1 5 Background: In a letter dated June 11, 2008 (see Attachment #2 - copy of letter), Mattamy (Brock Road) Limited has requested an exemption to Fill & Topsoil Disturbance By-law 6060/02 in order to commence pre-grading site works activity on its lands in the Duffin Heights Neighbourhood at the end of July 2008. These works include topsoil removal and earthworks for cut and fill to pre-grade, and rough grading for a stormwater management pond. The works are required prior to installation of underground servicing which Mattamy anticipates will commence in late 2008/early 2009 following Council's consideration of their draft plan/zoning amendment applications. Mattamy wishes to proceed with pre-grading work as earthworks, especially topsoil removal, cannot be completed when the ground is frozen. However, the lands subject of Mattamy's request are currently zoned lA' - Agricultural which does not permit the land use to which the proposed grading work pertains. Fill & Topsoil Disturbance By-law 6060/02 Section 10 (b) prohibits the Director, Planning & Development from issuing a permit unless the land use to which the proposed work pertains is permitted by the applicable by-laws passed under the Planning Act. Mattamy has submitted a draft plan of subdivision application (S-P-2008-01) and zoning by-law amendment application (A 1/08) on its lands, but these applications will not be considered by Council until late 2008 (see Attachment #1 - Location Map). Consequently, in order for a permit to be issued at this time, Council's approval of an exemption to the By-law must first be secured. The Planning & Development Department has no objection to Mattamy's exemption request. The lands are currently designated for urban development and the environmental development limits have already been established in consultation with Toronto and Region Conservation Authority, Ministry of Natural Resources and other approval authorities (these lands were part of the Seaton land exchange). The exemption will only apply to the timing of grading activity. All other requirements of the Fill & Topsoil Disturbance By-law and permit process will apply. Further, the proposed earthworks are limited to pre-grading of the site and will not pre-determine the subdivision design which has yet to be considered by Council. Attachments: 1 . Location Map 2. Copy of letter requesting exemption from Fill & Topsoil Disturbance By-law Report PO 30-08 July 7, 2008 Subject: Exemption to Fill & Topsoil Disturbance 11 f, By-law 6060102 Section 1 0 (b) Page 3 Prepared By: Approved/Endorsed By: ~/ 2~~~_ Robert Starr Supervisor, Development Control Neil Carro, =- CIP,RPP Director, Planning & Development NC:kb Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council /. /, t } P1ACHMENT-I I TO RE?ORT I PO ~O.. 08 '7 c..P"" ~ ~ '-' z j >= fNDU CUL rURAL C DERSAN STREET i City of Pickering Planning & Development Department PROPERTY DESCRIPTION CON 3, N PT LOT 17,18 40R-2114, PART 1 TO 5 SCALE 1 :5000 CHECKED BY DB l' FILE No. MATTAMY HOMES INC. SUBDIVISION APPLICATION DATE JUNE 19, 2008 DRAWN BY JB OWNER o 0 ources: Tor-anol Enterprises Inc. and ita supplier:s. All rights Reserved. Not 0 pion of survey. 2005 MPAC and its suppliers. All rights Reserved. Not 0 plan of Survey. PN-15 -I '; g ArrACHMENT'_.~ IU REfiORTI PD~ -os VIA EMAIL JUN 11 2008 June I I, 2008 '} iRE.cEBVEDI 1\ 1 ~ 1 ^.,,,,,,,, I. : , : '. '. i; .. I .') ~ , ' , ~ I ,-,.. I , Cl~; ~F PIC~ERING I 1 PLAj'.JN1NG Af,jD ". ~ _ f~~"~: ("P~.ilt:~,JT DEP/~RT~1E',IT -:1 t_~::-.;.~~-:,~~""",-".""""",,,,u,,,",.~.,,,,,,,>rn""~~'" Dear Ms Wilcox: RE: Fill and Topsoil Disturbance Bylaw 6060/02 Mattamy (Brock Road) Limited, Duffin Heights We are writing to City to request an exemption to the current Fill and Topsoil Disturbance Bylaw 6060/02 and allow our application for site alteration as submitted in October 2007 to be approved which would allow Mattamy to start site works at the end of July. Our development schedule will require approximately 3.5 months for topsoil stripping and cut & fill moving to pre-grade the land for servicing and complete the rough grades for the pond. Our Consultant is preparing their detail engineering design for submission with the anticipation that the City and Region will be able to review and approve the plans and allow us to start servicing approximately 100 units in October. Over that past year we have frequently pre-consulted with Planning and Engineering staff to review our draft plan prior to our December 2007 application. Since then we have regularly met with staff to discuss and resolve outstanding planning and engineering matters. The Duffm Heights Landowner Group (DHLG) revised the Environmental Servicing Plan (ESP) and submitted it to the City and TRCA May 15th. A coordination meeting was held on June 6th that confirmed the ESP was approved "In Principle" by the TRCA. We anticipate the approval ofthe Group's Local OPA will occur this fall and Mattamy's Draft Plan and Zoning by-law wiJI happen at the same time. We understand that a staff report will need to be approved at Council to support our request, as such we respectfully request your report be presented at the earliest possible Council meeting for consideration. We thank you in advance for your cooperation with these matters. Please contact me if you require any additional information. Yours truly, MAITAMY (BROCK ROAD) LIMITED -L T (90,) 477-2048 F (905) 477-2337 140 RENFREW DRIVE. SUITE 206. MARKHAM, ONTARIO L3R 653