HomeMy WebLinkAboutOctober 6, 2008
Planning & Development
Committee Agenda
Monday, October 6, 2008
7:30 pm
Council Chambers
Chair: Councillor McLean
PART" A"
PLANNING & DEVELOPMENT REPORTS
(I) PRESENTATIONS
PAGES
Representatives from the Ministry of Transportation and
Their Consultants (TSH and URS)
Re: Status of the Highway 407 East Individual Environmental
Assessment & Preliminary Desiqn Study
1. Memo Dated September 22, 2008 from the
Director, Planning & Development
Referral of Request from Mattamy (Brock Road) Limited
For Exemption to Section 10(b) of Fill & Topsoil Disturbance
By-law 6060/02
Duffin Heiqhts Neiqhbourhood
1-17
Director, Planning & Development Report PO 30-08
Request from Mattamy (Brock Road) Limited for
Exemption to Section 1 O(b) of
Fill & Topsoil Disturbance By-law 6060/02
Duffin Heiqhts Neiqhbourhood
18-22
[At the July 7, 2008 meeting of the Joint Planning & Development and Executive
Committee the matter of Report PO 30-08 was referred back to staff until the
October 6th Planning and Development Committee Meeting for the purpose of
obtaining further information with respect to the exemption request].
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.
Planning & Development
Committee Agenda
Monday, October 6, 2008
7:30 pm
Council Chambers
Chair: Councillor Mclean
2. Director, Planning and Development Report PD 33-08 23-37
Maxcon Developments Ltd./Cassel, Sidney/Cassel Consultants Ltd.
Plan of Subdivision 40M-1827
Nugget Construction Co. Limited
Plan of Subdivision 40M-1831
Maxcon Developments Ltd.
Plan of Subdivision 40M-1861
Garthwood Homes Limited/Thomas Feeley Construction Ltd.
Plan of Subdivision 40M-1866
Woodsmere Properties Limited
Plan of Subdivision 40M-1875
Marshall Homes (Woodview) Limited/Rinal Enterprises Inc.
Plan of subdivision 40M-1877
Shrone View Holdings Inc.
Plan of Subdivision 40M-1887
Woodsmere Properties Limited
Plan of Subdivision 40M-1896
Final Assumption of Plans of Subdivision
RECOMMENDATION
1. That Report PD 33-08 of the Director, Planning & Development regarding the
Final Assumption of Plans of Subdivision 40M-1827, 40M-1831, 40M-1861,
40M-1866, 40M-1875, 40M-1877, 40M-1887 and 40M-1896 be received;
2. That the highways being Chickadee Court and Sparrow Circle within Plan
40M-1827 be assumed for public use;
3. That the highways being Sandhurst Crescent, Meldron Drive and Deerhurst
Court within Plan 40M-1831 be assumed for public use;
Planning & Development
Committee Agenda
Monday, October 6, 2008
7:30 pm
Council Chambers
Chair: Councillor Mclean
4. That the highway being Nordane Drive within Plan 40M-1861 be assumed for
public use;
5. That the highways being Lekani Court and Mountain Ash Drive within Plan
40M-1866 be assumed for public use;
6. That the highways being Woodsmere Court, Wildflower Drive and Deerhaven
Lane within Plan 40M-1875 be assumed for public use;
7. That the highway being Rouge Forest Crescent within Plan 40M-1877 be
assumed for public use;
8. That the highway being Clearside Court within Plan 40M-1887 be assumed
for public use;
9. That the highways being Summerpark Crescent, Garland Crescent and
Wildflower Drive within Plan 40M-1896 be assumed for public use;
10. That the services required by the Subdivision Agreements relating to Plans
40M-1827, 40M-1831, 40M-1861, 40M-1866, 40M-1875, 40M-1877, 40M-
1887 and 40M-1896, which are constructed, installed or located on lands
dedicated to, or owned by the City, or on lands lying immediately adjacent
thereto, including lands that are subject to easements transferred to the City,
be accepted and assumed for maintenance, save and except from Blocks 17,
18, 22, 23, 24, 25 and 27, Plan 40M-1827; Lot 35, the remainder of Lots 36
and 80, Blocks 99,100,101 and 102, Plan 40M-1831; Blocks 13, 14, 15 and
17, Plan 40M-1861; Block 57, Plan 40M-1866; Block 144, Plan 40M-1875;
Blocks 33, 34, 35 and 38, Plan 40M-1877; Block 21, Plan 40M-1887 and
Blocks 209 and 211, Plan 40M-1896;
11. That the Subdivision Agreements and any amendments thereto relating to
Plans 40M-1827, 40M-1831, 40M-1861, 40M-1866, 40M-1875, 40M-1877,
40M-1887 and 40M-1896, save and except from Blocks 17 and 18, Plan
40M-1827; Lot 35 and the remainder of Lots 36 and 80, Plan 40M-1831 and
Blocks 13, 14 and 15, Plan 40M-1861, be released and removed from title;
12. That Council enact a By-law to dedicate Block 103, Plan 40M-1831 as public
highway; and
Planning & Development
Committee Agenda
Monday, October 6, 2008
7:30 pm
Council Chambers
Chair: Councillor McLean
13. That Council enact a By-law to dedicate Blocks 54 and 55, Plan 40M-1866 as
public highways.
3. Director, Planning & Development Report PD 34-08
Rockwood Drive Road Extension
Road Closing and Abandonment of Easements
Reconvevance of Land/Interest to Adiacent Owners
38-42
RECOMMENDATION
1. That Report PD 34-08 of the Director, Planning & Development be received;
2. That Council enact a by-law to:
a) stop-up and close those portions of Rockwood Drive being Blocks 16,
17,18 and 19, Plan 40M-2164 and Blocks 19 and 20, Plan 40M-2068
as public highway;
b) declare those portions of Rockwood Drive being Blocks 16, 17, 18 and
19, Plan 40M-2164 and Blocks 19 and 20, Plan 40M-2068 surplus to
the needs of the Corporation for the purpose of sale to the abutting
owners, in accordance with the provisions of the Municipal Act and the
Acquisition and Disposal of Land Policy and subject to any required
easements;
c) abandon the easements, in favour of the City, for road
access/maintenance purposes, over those parts of Lots 1, 2, 14 and 15,
Plan 40M-2164, designated as Parts 1, 2, 3 and 4, Plan 40R-22162 and
reconvey the easement interest to the abutting owners; and
d) authorize the execution of all relevant documentation necessary to
abandon the existing access/maintenance easements, stop-up and
close portions of Rockwood Drive as public highway and effect the
conveyances of same to the abutting owners for nominal consideration,
subject to any required easements.
Planning & Development
Committee Agenda
Monday, October 6, 2008
7:30 pm
Council Chambers
Chair: Councillor McLean
4. Director, Planning & Development Report PD 36-08
S.R. & R. Bay Ridges Ltd.
-Parkland Conveyance
43-71
RECOMMENDATION
That Council confirm the requirement that S.R. & R. Bay Ridges Ltd. pay the sum
of $533,250 in lieu of the conveyance of parkland in relation to the redevelopment
of the lands in the former Bay Ridges Plaza shown on Attachment #1 to Report PD
36-08.
5. Director, Planning & Development Report PD 39-08
Zoning By-law Amendment Application A 11/07
Dalar Properties Limited
1050 Squires Beach Road
(Part of Lot 32 & Part of Block C, Plan M 1040)
City of Pickerinq
72-89
RECOMMENDATION
That Zoning By-law Amendment Application A 11/07 submitted by Dalar Properties
Limited, on lands being Part of Lot 32 & Part of Block C, Plan M 1040, City of
Pickering, to amend zoning of the subject property to add commercial recreational
uses including a gymnastics facility, a dance studio, karate club and a soccer club,
in addition to the currently permitted industrial uses be refused.
6. Director, Planning & Development Report PD 40-08
1291821 Ontario Limited
1070 Toy Avenue
(South Part of Lot 18, Concession 1
Parts 1 - 5, 40R-19641 and Parts 1 - 3, 40R-22986)
City of Pickerinq
90-110
RECOMMENDATION
1. That Zoning By-law Amendment Application A 31/05 submitted by
1291821 Ontario Limited to amend the zoning of the subject property to
permit outdoor storage, truck parking, loading facilities and railway trackage
in any yard in association with the existing permitted liquid waste
Planning & Development
Committee Agenda
Monday, October 6, 2008
7:30 pm
Council Chambers
Chair: Councillor Mclean
management facility on lands situated on the South Part of Lot 18,
Concession 1 (Parts 1 - 5, 40R-19641 and Parts 1 - 3, 40R-22296) be
approved; and
2. Further, that the amending zoning by-law to implement Zoning By-law
Amendment Application A 31/05 as set out in Appendix I to Report PO 40-08 be
forwarded to City Council for enactment.
(II) OTHER BUSINESS
(III) ADJOURNMENT
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"C:~) ,) 71GG~ MEMO
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To:
Debi Wilcox
City Clerk
September 22, 2008
From: Neil Carroll
Director, Planning & Development
Copy: Chief Administrative Officer
Subject: Planning & Development Committee Referral of Request from
Mattamy (Brock Road) Limited for Exemption to Section 10 (b) of
Fill & Topsoil Disturbance By-law 6060/02
Duffin Heights Neighbourhood
On July 7, 2008 the Planning & Development Committee considered Report PO 30-08 that dealt
with a request from Mattamy (Brock Road) Limited (Mattamy), for exemption from the City's Fill &
Topsoil Disturbance By-law, The Committee referred the matter back to staff until the October 6,
2008 Planning & Development Committee Meeting "for the purpose of obtaining further
information with respect to the exemption request" (see Attachment #1 - copy of Joint Planning &
Development Committee & Executive Committee Minutes),
More specifically, Councillors requested further information respecting Mattamy's draft plan
proposal, sustainable development components of the proposed development, and tree
preservation/removal. Discussion also occurred respecting the timing of the commencement of
topsoil disturbance and Mattamy advised that should approval for the exemption be granted they
would not begin site works until October 15, 2008 (after Thanksgiving).
Response to Issues Identified
Development Application
Mattamy has submitted applications for an Official Plan Amendment, a draft plan of subdivision
and a zoning by-law amendment to permit the development of 208 lots for detached dwellings, 21
blocks for 112 street townhouse dwelling units and a mixed corridor block for future development,
various blocks for village greens, a park block and a stormwater management block (see
Applicant's Submitted Draft Plan, Attachment #2).
A copy of the Information Report (PO 18-08) pertaining to Mattamy's property was included in the
September 29, 2008 Special Planning & Development Committee agenda.
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Susfafnability
Mattamy submitted a Sustainability Report to the City on September 3, 2008. The report outlines
the elements of Mattamy's approach to sustainable development for their submitted draft plan.
The report has been circulated to the Chair of the Sustainability Committee and to various staff for
review (see copy of Sustainability Report Attachment #3). At the time of writing this report a
detailed analysis has not yet been completed. This Sustainability Report will be reviewed and
commented on as part of the comprehensive review of Mattamy's draft plan submission.
Tree Removal
Trees will be removed from the site as a result of any approval for topsoil removal and related
earthworks to cut and fill to pre-grade and rough grade the site. Tree removal will only occur on
the developable tableland, not within the Natural Heritage System as identified in the Duffin
Heights Environmental Servicing Plan.
At the July 7, 2008 Planning & Development Committee Meeting the matter of a 'heritage tree
program' was raised. MP&E is currently undertaking an exercise to identify heritage trees within
the City and pursue possible heritage s~atus for specific trees in consultation with Heritage
Pickering, Pickering Naturalists, Pickering Museum Village Foundation and the Pickering
Historical Society. No formal program has been established to date. The lands subject of
Mattamy's draft plan of subdivision submission have not been reviewed under this initiative.
Also, Mattamy will be required to submit a tree preservation plan which will identify potential tree
preservation opportunities at perimeter locations. It should be understood that, for the Mattamy
lands located outside the TRCA fill regulated area, there is currently no City requirement to
achieve compensation for tree removal.
Conclusion
This information is provided to assist Council in its consideration of Mattamy's request and the
related Planning & Development Report, originally considered July 7, 2008.
Please ensure that this information is included with Report PD 30-08 in the October 6. 2008
Planninq & Development Committee aqenda.
NC:kb
J:\Documents\Planning\L T-Mattamt topsoil2.doc
Attachments
September 22, 2008
Page 2
Exemption to Fill & Topsoil Disturbance By-law
6060/02 Section 10 (b)
Attachment #1
to September 18/08 Memo
13
CitJJ 0#
Joint Planning & Development
Committee & Executive Committee
Meeting Minutes
Monday, July 7,2008
7:30 pm - Council Chambers
Chair: Councillor Pickles
5. Director, Planning & Development, Report PO 30-08
Request from Mattamy (Brock Road) Limited for Exemption to
Section 1 0 (b) of Fill & Topsoil Disturbance By-law 6060/02
Duffin HeiQhts NeiQhbourhood
Roger Miller of Mattamy (Brock Road) Limited appeared before the Committee in
support of Report PO 30-08. Mr. Miller noted that an exemption to the Fill &
Topsoil Disturbance By-law would assist his firm in the servicing and
development of their lands. He noted that due to Planning approval schedules
cold weather would hinder the progress of the development and by being
allowed to start sooner with pre-grading, they could complete that process before
the cold weather became a factor. Mr. Miller also noted that Mattamy Limited
and Mount Pleasant Group of Cemeteries were working together on the
proposed development. Mr. Miller also stated that he had no problem with
similar approval being granted to other developers.
Written correspondence was received from Robert Dragicevic, Walker, Nott.
Dragicevic Associates Limited on behalf of the Mount Pleasant Group of
Cemeteries, owners of property immediately adjacent to the Mattamy lands. He
noted that at this point in time there are some outstanding concerns with respect
to the proposed grading of the Mattamy lands which will need to be resolved.
RECOMMENDA TION
Moved by Councillor Johnson
Seconded by Councillor Littley
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. That the permit for the exemption to the Fill & Topsoil Disturbance by-law
not be issued until October 15,2008; and
3. Further, that the appropriate City officials be authorized to take the
necessary actions to give effect thereto.
SEE FOllOWING MOTIONS
Moved by Councillor Littley
C.o.,....nnrlo,"'" h\J r',..u In,...illnr ni,..(,arconn
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Attachment #1
to September 18/08 Memo
Joint Planning & Development
Committee & Executive Committee
Meeting Minutes
Monday, July 7, 2008
7:30 pm - Council Chambers
Chair: Councillor Pickles
That Report PO 30-08 of the Director, Planning & Development, be tabled until
further documentation has been submitted for review.
MOTION DEFEA TEO
Moved by Councillor Johnson
Seconded by Councillor Littley
That Report PO 30-08, of the Director, Planning & Development be referred back
to staff until the October 6th Planning and Development Committee Meeting for
the purpose of obtaining further information with respect to the exemption
request.
CARRIED
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INFORMATION COMPILED FROM APPLICANT'S
REVISED SUBMITTED PLAN
MATTAMY (BROCK ROAD) LTD.
SP-2008-01 & A 001/08
Attachment #2
to September 18/08 Memo
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MIXED USE BLOCK VJ STREET OR~
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STREET A I
MOUNT PLEASANT
GROUP OF CEMETERIES
Lot Size Count
0 8.5m Lot 2
. 10.4m Lot 24
... 11.0m Lot 111
. 13.1m Lot 71
112 Townhomes
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FULL SCALE COPIES OF THE APPLICANT'S
SUBMITTED PLAN ARE AVAILABLE FOR VIEWING AT
THE CITY OF PICKERING PLANNING &- DEVELOPMENT DEPARTMENT.
THIS MAP WAS PRODUCED BY THE CITY OF PICKERING
PLANNING &- DEVELOPMeNT DEPARTMENT.
INFORMATION'" SUPPORT SeRVICES.
AUCUST 18. 2008.
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Attachment #3
to September 18/08 Memo
DUFFIN HEIGHTS NEIGHBOURHOOD PLAN AND
MATTAMY DRAFT PLAN OF SUBDIVISION
(S-p-200a-01 )
REVIEW IN LIGHT OF CITY OF PICKERING
DRAFT SUSTAINABLE DEVELOPMENT
GUIDELINES
August 2008
04565
Attachment #3
to September 18/08 Memo
l
INTRODUCTION
The City of Pickering has prepared a set of Sustainable Development Guidelines. These Guidelines have been
presented to Council where they have been received in Draft. The Draft Sustainable Development Guidelines are a
series of standards and targets for new development that promote sustainable communities.
The Guidelines are intended to be used at the neighbourhood plan and site development level. Guideline #1 applies
at the neighbourhood scale where the natural heritage system, street layout and mix of uses are defined. Guideline
#2 applies to more detailed planning approvals such as Draft Plans of Subdivision and building permits. The purpose
of this report is to review the Duffin Heights Neighbourhood Plan in light of Guideline #1 and the Maltamy Draft Plan
of Subdivision (S-P-2008-01) in light of Guideline #2. Mattamy's building program is reviewed within the context of
Guideline #2 under separate cover.
Each of Guideline #1 and #2 list a series of sustainable development elements within a number of general categories
(such as Pre-Consultation, Environmental Protection, Design of Development, etc.). There are (wo types of elements:
required elements which are mandatory and must be met; and
optional elements for which points are awarded.
The sections which follow are organized first by guideline wherein the Duffin Heights Neighbourhood Plan (Guideline
#1) is reviewed in its entirety and then the Mattamy Draft Plan of Subdivision (Guideline #2). Within each guideline,
each category is reviewed in turn. All of the required elements are reviewed within each category with a single
commentary on how they are satisfied. Where a required elemenl is not applicable (e.g. conformity to CPOP in
Seaton or urban design for commercial developments), it is not listed.
Any optional elements within a category are then highlighted with a specific commentary on each optional element for
which points should be awarded.
Sefllas Associales (04565)
August 19. 2008
Paue 1
The Duffin Heights Landowners Group (DHLG) has recently completed an Environmental Servicing Plan (ESP)
for the Duffin Heights Neighbourhood. The ESP will be the basis for revisions to the land use designations and
policies guiding development for the Neighbourhood that are contained in the Pickering Official Plan. The ESP
process included extensive consultation with the City and stakeholder agencies which resulted in policies and
processes including sustainable community planning elements.
2.0
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Environmental Protection
Required Elements:
Watershed and Subwatershed Planning
Master Environmental Servicing Plan
Conservation Authority Regulations
Conformance to PPS for Building Strong Communities
Conformance to PPS for Wise Use and Management of
Resources
Conformance to PPS for Protecting Public Health and
Safety
Water Balance and Source Water Protection
Groundwater Protection Plans
Preserve Natural Corridor Crossings
Optional Elements:
Biodiversity Protection and Enhancement
Natural Habitat Protection
Compensation for Unavoidable Effects
Net Environmental Gain
Sames Associales (04565)
The TRCA has completed a Watershed Plan for the Duffins Creek Watershed. The Duffin Heights ESP has
been completed in conformity with the Watershed Plan to ensure its objectives and targets are achieved. The
ESP has thoroughly reviewed issues related to - and provided recommendations for-:
Water balance and source water protection
Groundwater protection
TRCA regulations
Natural and manmade hazards
Preserving natural heritage corridors
The land use recommendations and, indeed, the current City of Pickering Official Plan designations for Duffin
Heights are in conformance with the PPS; in particular, the PPS intent with respect to building strong
communities and wise use and management of resources.
August 19. 2008
Page 2
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Farmland Preservation
Location of. Development Lands
Required Elements:
Site Location
Infrastructure Efficiency
Optional Elements:
Site Typology
Commentary I
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! The developable portions of the Duffin Heights Neighbourhood do not contain any prime agricultural land or i
specialty crop areas. I
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The Duffin Heights Neighbourhood has been designated for development for over 17 years. In fact, it is within i
the Built Boundary as defined by the Province under "Places to Grow", These lands are adjacent to existing, i
developed and serviced lands and are the next area of Pickering planned to be serviced by the extension of !
Regional water and sewer infrastructure. j
Duffin Heights is a greenfield site adjacent to existing development. However, as noted above, it is considered to
be within the Built Boundary of Pickering due, we suspect, to the high degree of non-farm, and yet non-urban
development within the area. It is, therefore, a greenfield area upon which development can occur without
impact[ng agricultural operations.
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4.0 Design of Development - Land Use Distribution
Required Elements:
Diversity of Uses
Construction Phasing
Proximity to Schools
Provision of Mixed Use Commercial Streetscape
Environments
Housing Diversity
Retail Parcel Size
Proximity to Public Spaces
The Duffin Heights Neighbourhood provides for the development of a complete community with a mix of
residential, commercial, community and service uses within a comfortable walking distance. In particular, sites
are identified for both Public and Catholic Elementary Schools. The neighbourhood is also home to a significant
place of worship and a (9 hole) golf course, both of which are encouraged to remain. This diversity of uses
includes a diversity of housing forms where no one density is more than 65% of the total and a wide distribution
of public spaces through the use of .VilIage Greens".
Non-residential development is provided for primarily in the mixed corridor designation. This designation can
develop at the same time, or even before, residential uses. We understand that development guidelines will be
produced which will encourage smaller retail parcel sizes and a pedestrian-oriented built form.
5.0 Design of Development - Density and Compact Built
Form
Required Elements:
Density - Greenfield
Density - Residential
Density - Commercial Retail
Future Intensification
Semas Associates (04565)
As noted above, Duffin Heights is technically within the Built Boundary. However, it does meet the Places to
Grow target of 50 persons and jObs per gross hectare of designated area for greenfield lands. The residential
density overall for Duffin Heights exceeds 30 units pernet hectare.
The density of development and potential for future intensification of development within the mixed corridor
designation will be addressed in the City's development guidelines.
August 19. 2008 Page 3
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I . I Commentary I
I 6.0 Design of Development - Connections I i
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II Required Elements: i
- Open and Connected Communities Duffin Heights will consist of open and connected communities with no gated communities. The collector road !
I . Support for Alternative Transportation network has been designed to accommodate transit within the neighbourhood on each side of Brock Road (i.e. '[
I - Provision for Transit not just along Brock Road). This will promote the use of transit by making it readily accessible. Alternatives to
Cycling N~twork Br~k Ro~d are ~lso provided for cycling in tt:e fo:m of parallel collector roads and provision for future dedicated I
Block Pen meter major cycling trails connected to the overall city-wide network. i
Corridor Frontage I
Street Network The local street network is not identified at the ESP level. However, the. collector road orientation provides
Linked Open Space System opportunity for a well connected tocal street system, allowing for convenient pedestrian and bicycle connections i
within the neighbourhood. The street pattem and dedicated trail system are designed to inter-connect the open
. space system consisting of the neighbourhood park, numerous vlHage greens, the two schools and the
I extensive Natural Heritage System around the perimeter of, and within, the neighbourhocd.
The Mixed Corridor blocks fronting onto Brock Road are flanked at the rear by local and collector roads. These
roads not only ensure convenience access to the future commercial uses, they provide for the access for longer
term intensified development.
Optional Elements:
Transit Oriented Compactness
Lanes in Residential Areas
The planned transit routes on the parallel collector roads on either side of Brock Road will provide for a very high
level of transit accessibility with transit routes well less than 1000 metres apart. These transit-oriented collector
roads are also conducive to the use ,of laneways to reduce driveways and traffic "friction" to transit buses.
7.0 Design of Development - Pedestrian Oriented
Community
Required Elements:
Conveniently located Amenities
Pedestrian Network
Pedestrian Safety and Comfort
Because the mixed corridor designation has the potential to provide for amenities and services in a linear pattern
along a north{south spine on either side of Brock Road, they will be within convenient walking distance to the
interna! residential areas.
I Sidewalks will be provided on both sides of the main north/south streets. The local road pattern will be primarily
oriented east/west to connect with the north/south main roads. It has been determined through the ESP process
that only the primary local roads will require sidewalks on both sides. Minor local roads (most of which will iun
I I eastJwest) will be provided with sidewalks on one side in accordance with the ESP.
I - - - ~~" - . - u cy
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, Required Elements: As noted above, the majority of local streets will be oriented in an east/west direction providing for most of the
Passive Solar Gain lots to have windows oriented for oassive solar aain.
Semas Associates (04555)
August 19, 2008
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GUIDELINE #2: PLAN OF SUBDIVISION GUIDELINES
Commentary
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[ 2.0
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i.O Pre-Consultation and Ongoing Consultation
Optional Elements:
Completion of Extensive Pre-Consultation
Sustainability Elements
Environmental Protection
Required Elements:
Watershed and Subwatershed Planning
Master Environmental Servicing Plan
Conformance to PPS for Building Strong Communities
Conformance to PPS for Wise Use and Management of
Resources
Conformance to PPS for Protecting Public Health and
Safety
Slormwater Quality
Maintain or Reduce Stormwater Runoff Rates
Water Balance and Source Water Protection
Groundwater Protection Plan
Required Residential Site Design to Maximize
Permeability
Landform Conservation
Minimize Construction Related Environmental Impacts
Erosion and Sedimentation Control
Optional Elements:
Biodiversity Protection and Enhancement
Native Species and Planting
Net Environmental Gain
Pesticide and Fertilizer Use
on I Mattamy has been involved in substantial discussions with City of Pickering Staff regarding sustainability
elements throughout the ESP and plan of subdivision approval processes.
I
Requirements for watershed and subwatershed conformity have been addressed in the ESP. Similarly,
requirements for conformity to PPS have been addressed in the ESP and local Official Plan policy. as the
Mattamy Plan conforms to these local policies, it also conforms to provincial policy.
As required by the ESP, the Mattamy Plan is supported by a Functional Servicing and Stormwater Management
Report (FSSR). This report demonstrates how the plan of subdivision will be implemented to meet or exceed tile
ESP's targets for:
Stormwater quality
Water balance and source water protection
Constructioil related environmental impacts
The FSSR also includes a conceptual grading plan illustrating the conservation of land forms (none to be
maintained) and a sedimentation and erosion control plan.
It is anticipated that the requirements for residential site design to maximize permeability will be addressed in the
implementing zoning by-law.
The Mattamy development will be contributing to the ESP's reccmmended fisheries compensation plan and
natural heritage system monitoring plan. These will result in both Biodiversity Protection and Enhancement and !
a Net Environmental Gain. . I
Mattamy will also commit to USing native species for at least 75% of public landscaped area and to participating I
in the City's ongoing education program for the minimal use of pesticides and fertilizers on pUblic and private 'I
lands.
i
Semes Associates (04565)
AugUSI19, 2008
Page 5
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I I Commentary
I 3.0 Site Typology I
I Required Elements: None I 1'0
I
Optional Elements:
On a greenfield site adjacent to existing development
On previously developed lands at a higher density
The Matlamy site is the first logical parcel for development within Duffin Heights. As such, it will be the catalyst
for the implementation of local infrastructure (collector roads and stormwater management pond) and Region
infrastructure (sewage pumping station and water pressure booster station) that will facilitate other
developments in Duffin Heights. As such, the Mattamy site can be viewed as greenfield development adjacent to
existing development (i.e. sequential greenfield development).
On the other hand, the Mattamy site is within the built boundary identified by the Province and is a re-
development of a portion of the Seaton Golf Course. Therefore, it should also be given credit as a fonn of
intensification.
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Required Elements: i The Matlamy Plan is adjacent to the existing Seaton Golf Course and in the vicinity of other employment uses
Diversity of Uses I such as Kahn Auction Barns and Arnt's landscaping. These latter uses are designated Mixed Corridor and,
Construction Phasing I therefore. will likely be replaced with new, higher-intensity employment uses over time.
Proximity to Schools I
Provision of Mixed Uses and Commercial Streetscape . There is a Catholic Elementary Schoof site on the adjacent lands to the north of the Mattamy Plan. AI! units are
Environment I within 800 metres of this site.
Enhanced Housing Diversity
Retail Parcel Sizes
Commercial Concentration
Proximity to Public Spaces
14.0
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Design of Development. Land Use and Distribution
Semas Associates (04565)
All units in the plan are within 800 metres walking distance of the existing place of worship (mosque) on the west
side of Brock Road just north of Dersan Street. They are also within 800 metres walking distance of the Mixed
Corridor designation along Brock Road where main-street mixed use commercial development is anticipated.
The retail parcel sizes and the commercial streetscape cannot be determined at this time. They will be
dependent on site plans for future development in accordance with the development guidelines adopted by City
Council.
The Mattamy Plan provides for a variety of unit types including three lot sizes for single detached units, on-street
townhouses and townhouses accessed by a rear lane. Some oi the latter unit types wlll also be conducive ior I
. I
live-work occupancy. I
The Mattamy Plan includes a variety of publicly accessible open spaces distributed throughout. They include: (1) I
the neighbourhood park for Duffin Heights; (2) a central village green on the collector road (Street 'ft.'); (3) a I
village green providing access and overlook to the stormwater pond; and (4) a village green linking the bicycle I
trail from Brock Road to the stormwater management pond. In addition, the storm pond block will house the I
A~gust 19. 2008
P~ge 6
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Design of Development - Density and Compact Built
Form
Required Elements:
Residential Density
Design of Development - Connections
Required Elements:
Open and Connected Communities
Protect Linked Open Space System
Provision of Interconnected Transportation Network
Street Net.vork
Block Perimeter
Cycling Network
Parking Location
Corridor Frontage
Optional Elements:
Lanes
Transit Amenities
Commentary
The street network itself is a modified grid which provides multiple routes for all methods of transportation.
North/south movements are primarily focused on the main collector road (Street 'A'). There are numerous
connections east/west which intersect with the collector road. This street network provides for 53 intersections
per square kilometre with no cul-de-sacs (does not include intersections of laneways with streets). This is well in
excess of 40 intersections per square kilo metre considered to be necessary for a well connected street network
It is noted that one block perimeters exceed the recommended length of 550 metres. However, given the overali
degree of interconnectness within the Plan. no change is recommended.
Where units front onto the collector road (Street 'A') rear lanes are used for access and private parking. This
minimizes the impact of garages and front yard parking on the collector road streetscape. The Plan also
contains a Mixed Corridor block along Brock Road to provide for more intense development over the longer
term. .
As noted above, lanes are provided along main collector roads. They are also used adjacent to and facing the
central village green. This provides for units facing the public open space without garages or driveways.
Along Street 'A', the transit spine within the Mattamy Plan, it will be possible to accommodate transit stops at
200 metre to 250 metre spacing. These stops can be coincident with public open spaces which front the
collector road.
Semas Associates (04565)
August 19. 2008
Page 7
(J~
Required Elements:
Amenities in Proximity
Pedestrian Network
Pedestrian Safety and Comfort
Samas Associates (04565)
The local street hierarchy in terms of right-of-way, pavement width and number and width of sidewalks is as per
the Duffin Heights ESP. Main local roads have a 17 metre right-of-way with sidewalks Gn both sides. Less
significant local roads have 15.5 metre rights-of-way with a sidewalk on one side only. The exception is Street
'E' which has a right-of-way of 16 metres in order to accommodate a wider sidewalk of 1.8 metres which will
double asa bike path.
August 19. 2008
Page 8
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MATTAMYBUILDING PROGRAM
GUIDELINE #2: PLAN OF SUBDIVlS10N GUIDELINES - RESOURCE EFFICIENCY
~J
'rhere are a number of ,terns that Martamy will ;;;rovide to future homeowners that are either included with the purchase or are available as an optional item_ These items
ccmbine to satisfy the city of Pickering sustainability glJidelines for Resource Efficiency
llilm
BUilDING COMPONENTS:
Included with heme purchase;
3-Sep-Oa
Suslainabilitv Benefil
\u~!I~Sl .; 1_ 20m; Energy S;8r romes promote the usa of energy-2RiCIE::rH prodlJcts {nut can nl.so help s.ave thf; environment. In many parts of Canada, fossil fuels are often burnoo lei
prCdJCE e1eCir~::-li/_ The ourniu1g cf fGSSi; fuels is a major source of gr~enhc-u$e gas (G~G) emissions. a leading ca'J~€ of climate change ~ ;,m(J o!ner pcllwtlants that
CCIlrr:DU:r: to ~rb~n smog ';110 acid r@n. \1Vhen \".'e use less (margy by selectinj ~nerg.y-efi;cfeni products, less e~ectricily needs to be pf~ducEd, Thus we Clre reducing
GHG err,ISSI:)ns ~nd pro;lloklg cleaner air as wen MaHamy ccr:'unlts to bliildin,g our homas in Plckerin.;) :Jl1der the gUideline or Energy Star lier$lcn 30 Specillcation m
e~ec! oS ci ,~u<just 31 2CD8
Fuil Truss syslEJnS minimize' loosE lu:nbEf neing shipped and wa$ted on slle. 'frusses are engineered and m~nufdc:urC{j in the tfUSS pl~nts and shippee direcii, to !/",e
COn$lructior'i SiIt- fGductng lease :umber shipmenis therebyreducing waste by up to 30~~
y~;~ Flbergi2ss S" nclc The 25 ye(Jr fib~rglass shing:v pro'J~des a longer w;:;rrJnt'{ Ihan the typical 20 year shingle commonly used by orner :1ew home buHders. Fiberglass shmgles in feu O'i
~sphait ar,s mOL? dtJiible 2S w'e~1 as better su~.tainaqi!ily ,In high _wi~(js a~d stor'1":1 conditions
Mattamy Hor'1es ;ncludes c:;deki:mal Ice and water shield exsee'Jing the Ontario Buildu'lg Code in .J1i feoi valleys, and all areas sus:eptible 10 snow and Ice buildup.
Extra I~e and ~)\Ia!ef Shield plovides the protection needc.;j to minimize the likelihoO'j of ieaks and mold growth as has been j)relJaient in recent wimers. Less leaks
mmirn:,zes repr:% and r'ndtenal waste
EiiJI~&2rlf; iO',.}E.i ::,amInG O\/E IS a co~leci,on of tra11mg methods that use less lumber lhan c01venlioncJ! fra~i:lg by placing framing members o~ly where they're nooded. T1e ailE strategy 0
U5:r.g less lumbar also ma~e$ Ihs home more €nerg'{-el'tjcient by reducing the number of cold spots in the wai:s. leavjn~ more room fcr insuiat:on
Spray foam llisul&!ior; ~s lnst::3Hed in all Garage ceiEngs ~"Iith habitable sp:.ce above, ail bO,t out windO'o'lS and 45 degree :.:orners, Spray fOEm loslJla;ion expands to tOO
;:rnas :15 iniL;)! 'J:;IUr:1e 10 comoletely fill all '.'ofds, A tight building Bnvelope If"! cornbinGlticn wilh the H\jAC system will result In lowered heating and coo~ing costs and
:'clo m(.~lnldln ;3 c8miortabie incoor envjrcnmenl
r'Aanam)1 ~om2S instalis a prerTlurn caulkin9 ~./ith a longer mdnL!fac~ur€rs wa''(an:y The cauiking ~(.!s J longer life. IS mJch mare pliab:e prO'Jiding a l'gl~ter seal and
rn:nirnizing (jr~i!s MiJttamJ's Ctlulking does not require {f,;plz<ernsnl as scan as the slartdard;:Juildar (a:::cepWb!e) caulking, Repairs and replacement minimized.
~/1Lr:IGITIJ' HC:-:1f::s inslails j',.'g' fl:J:x niy 1I11ieIJ o~ !M2 standard 5/8" alb.......'llig lfle englr:eered tloor jcists tn be spaced at 24' on c;:mrr'e red~cing L'1e number- O' jOls!s 'I/hile
pro','I(!in~ a much SlfQI';g€! tJ02,r system_ The Ll$i? of To iloar ply has a direct impcc! on {he 211QUnt of waste generated from sub.floor maler:a1
H~;j~o:;\,'.'ra;) Cl al: 2 ), lJ e;:j~:!or ,,'/;-:111:) '-,~/rappng {: ho:r;::~ c~ bwld:ng :r'i ~ v...e::;JheHc,sislt1r1r o2rffel' helps combat waie'", mOisture and air intiltratiO:1 tr,al are an:!' struclure's wC{sr enemtes ;.,ilavled tc
(::zjjil1?:le $l;r:lanps:J Gr1(j :;e,:~iec:;,;:h ll!Gk ~erei~a!E tel1:nd ~~ld:ng, '/Jlnd,drll,'8n rCi:r:1 Glr,ti r.',o:sil~rc ccn s,Jtur~te wa!:s. (;featirg J breeDing ~rouf1C' for mord, mildew &r.d v.mcd r~i Pie prOPo:!le: Of hOU~-;f;'//!dP ,do
r:':::1 s'.JpP:if; thi: J:cwtr cr rrold Cf l1'jk~f.\"-i Air infiltrat,'n; f~or: QJts1ce CJn c~eat~ CJmfcrt,robbrng coid Or ',.,arm spots '.vhile !f1creaslng ne3i;ng 3,lj ,;:C;)lloq cas!:;.
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C~S0~1:;ni ','.,n::o':::;
avai;able
:i:G 1r.5lJ~a:~r. Ur::F.;=.ce:;
,.::'i: baser:-[:1:, n~jl;i Jnd sewrd HOOf wmdows ,,\:iil be L:J-,'.' cmI5~;l'/liJ (Lo';',' E) and ,.;r90\1 Filled. Low E giass is coated wan a rrdGrOSCOOIC, \ntu2f1y Itl'IlSio:i:, metai:ic
[nice 12J'je~ th,~: :J':1proves t:~er,m~:!1 ~trtc:mance. Tre pnffiai)' function IS to foB-Jee'&" :~"1e LJ.Fucl,:;.r :0)' ~U;)preS3i1g thi? r5dl(jti'le he51 flo..v A $(':o/id,;ry feClture is
b;c(;k,'rlg of sno'[ ':;,'Z;'if; 'adi2:ion 10 irnpsde heaf ~2in, Argoru g&$ i~ mOsl c:Jrnmonly u.s'tO t'Gc(3use of its high ins:Jlatirg v31J8 2nd iis felatlvei',' 10~\' cast
oGuDle'~anGt '.vln~jG'/Is can .;;chlev'e U-v3:'ues of 0,33 or lo~'.\::r_ Argon IS presem:n tr-e E2~lh':5 atrfi05prere at Oc93%. rtld~lng it rhe most abunj~nt r.ob!e gas on t.ar!h.
C2sGn-renL \f':I:1d~,'.'.'s al1 {jrmmd on 11.fn and se:o:-:d fie"Of (no: JUS! the 1ronl as IS ccmmon I[i, the mdlJ5tfy}.,:asement '.vllldo'.ljs prOVide 2 better S'?,31 i~~H; slnJ!e hrng cr
~onZ::}1ial sllc;~rs, c\'\L!lti poml iOCK!ng systems o~, ~!! CZiserr~0ilt wmdo'::s Irrpraves tr,e 52-v! of the \JJindow ','H')2n closed fTlin::T1i2Jng crafts
A;l:c ;r.sulati:;'11. c~grac~c to R50 {."./,ere p::Jssible wIth blC'.'IfHn insulation) !iom the reQuiremenr a! R40 CiS pCI Energy St~r and tOe Oni;m:J auiidir.~~ C::HieinSHJiJ;iJ~'
h(.:!ps ';leer hcr.'1;~ ,'elalll r.O~lt ir~ ::010 ','jealr,er and (\,;jEct hei~l in ',"t:rm seJSC'-;s.
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liNTERIOR COMPONENTS:
LectriGa:'
!nc;:Jdea' v/ith home purcnasr::.'
,~::r~':::;z:: :,:..::es~:2iV _.3rnp:~
Susiainabilitv Benefit
Optionr"!l components 3'r'aiI.'Jbfe"
:i~cl;on SenS:Jr S~'.'Iicne:.
COli~~;: ~:n .Rc;,jv
!:jVAC
!ncluded ~yith home purchase:
J:...:r hand:er ','.'::n ~!,;~:rO:1lc~:I/' Co~nmut()tej f~.1G\!)r n::Ci\1)
TherrnJs:al
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130detS Jnd 0'.1':\ P:,.:fp:Jse rot \I\"2:er Tar'KF,
I
I Optior:af components i!',/ai:abir
I Sensc' F2'xels
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Ccrnp2ct Fluorescent 8~lbs (eFt) are an 'excf::Hent wa'j 10 save anergy costs, reduce your energy use and greally CIH greenhouse gas emiSSions. CFL's use aoout
7S pefcen: less enerpy it'.8r1 standJrd :ncandes:.:ent bulbs and last up to 10 limes IQ;"g~r
r,;::>iion senso~ S;,\'::~t1ZS au:oma\i:;,~1\y tu:n oft after a deSignated nurnter of minutes. eliminating the possibility of lighls being reft on Can be installed In any room
O:"cvloe ccr,dcli ':or ;'r.~r.r.a"lc81' :"eq:wrcmen!s for future roof solar colleclors AClive solar devices sucn 2S P"lotovoltaic solar pane:s help ,~o pro\jlde sustainable
E1e::jriClty for ,Wi use
ECMs itre m::m: e:ficlent mo:ors m H'le d~r h3nd1er of the forced z::r system that can SMe the typical ~omeownei. money on overall energj costs, ard offer benefits Ie
the enVifOn"T,en: throug:: reductions m gre€nii~ouse gases ~Ssccl?tedy,r!!l1 ~:or.lJen;ionol el,eclr;::; ~{)'''JergeneraJi9~
Save energy In ine wlmter by setting the IMermosttit to 68;)r while a'''va~e and satling it lower lNhile aslrep or o'NElY from home 8y turning the i~€JrmD5tat back, ;.
st:lVings of as much as 'r% ror eiich degree if Ihe setbac.{ (;€r;o.1 ~5 eight hour5 lcng, The pec8!'ltage of savIngs from setback IS greater fo~ bUildings In mdder climates
ind~l jor those ;n more. severe climates. rn :he summer. follow the same slrategy wrth centra1 a:r condil~oning, lco, by keeping the house wam!er than normar '.-vnrm
away, arid lowenng the therrnostSl set!~ng to 78<>F (2o'"q only 'linen at home anD neea cooling. hlthcugh thermostats CeO be cGJustec manually. prcgrammoble
ihe~moS!;jts "'Jill avoid any discomfort by return~ng temperatures 10 normal as you wake or return home.
A heat r€cover! venlitaJor (HRV) brings in fresh air from the cJtside, preheats tela mcor:"ling air during lhe Wlnler and precools the incoming air during the summer :t
ca.'l orovid~ cleEn fresh air every d<3y while r.elpinr; to keepen~rgy costs_lay;.
Ai: Lavaior)' faJcets Include La'll Flow Aerators reducing water consumption on all bathroom sinks by 40%. The waler flow is reduced from 2.5 gallons per minute to
15 gallons per mmute simply by chang'ng the aerator
Ma~j;;.M~ Hor;es :ns:aHs a DlJa~, Purpcse hot ...'1ater ~ank {mini bailel') prov~(jing on demand domestic hot water and heatlng MaHamis boiler sys:em is energy s1ar
approved 21j pro;::des up to 60% ene:gy savings ;n domesllC rot ',,';zler ane h€a;~ng for the a'..'ercge single family dwelling.
:::inisnes
'nc/:.JC'~d .~!th fwmo p"Jrcnase:
38CWiiW2:l:l R::.cy-:;I..'2,~j ?alrr
('/;CiIOf' Serls:' Faucets ::m:orfi:r2dby~Aa~!arnyfr.om9~ltaFaucel Canada, Mot~o~ .Se~so~ fau_celsreqlJce 'Naste,d'~y.ater by UP 10 8Q%
Co'1; Si3','C up to n:'() jeppro;( 18,nC.:J gal;ons) of JnnJtiJ l,vater ~Js?ge compared to the 1,2diiion~ 3.5-galicn fi~sll and up to 40c,o (aoprox 4600 gallons) compa~ed io
t:::,jt)'{s sln1',di:1~J i 5 ~li):jOn $lnq1e nush toilets, 5 cr 3Iile~, dua.! ~J:Jsh iechnOi09Y
- :;~22r' L]~,;;: - ,"c.c:;r ;~:(~:iai:(',' [".:;:1 ,:JrC;fc::m
T.1e 8:0meoa:ig c(~~nc' oh'f-rs recl;:3In12d prcdL;~ts mr,.;,;:~e irom wlu~;ci portions of f€'covere,j domestic pa~nt and sta,n re~ains It takes 88 per cen'( fewer carbon d:D:Nje
emission:: to pcduce :.l C;Jn of i~s o2:nt (nan In pr::der,2 (1 ~:Dn of r1a1.rf.;.."'f;YCl.?d ra;nt. Recjcled pain!s t"lrt- subjected Ie e:defsl'.'e leslmg fer read ~nrj r.~ercury cor.tcni
Jnd '.,tOC:; l:voi;:j~i1f.' o:"gJn;t ccmj:ouncs}: BoomerJng m-Z:ZIS and c.\::::-,zas 611 Carl{;oi&1 indus~{y ard governnenl specifications and stJndoreJs :ncltJding hea:lh
Ctl::dG s1,:mJ2rds lor low:'iCC GnT%!C;'S. 80~)meiar:9 al::50 tr::lnsaI0.s IC,:O gre;J( cO'Jerage, edSY appLca~iol"', 2.1d a durable. wash2ble i:nlsn
CJ~~21 thJ: ha~ t:Sf.n CHr'"CC Gt~EEl'i LABEL c;pprvvEd 2a'r.::; ere ,; 1) :Joir;:; toward LEEO@ce:(ifJeatic1. Carpets Z<re tested fer
a:: IC:2', liOI:;tile crgz'riic CCmr;ClJil0S (TVOC);
b) fCUnJld2Myoe (:0 5h::;~o.' rhat it 1$ tlJt use~~ m the fri()nJfc~c.lr rg ?'o~ess}:
c:. 4.iJC (t-pi1er1'i:cyctDn8xBn~): and
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Sustainability Benefit
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I ~P!!Onal components available.
) 3ZTboD Fio')r,~g 8ambo~ ~,c"'J:"in'J IS a fast grm~.'in9 grass that requires no re.planting, Bamboo groW!. ~,\'i,thoul the use of pest~cide$ ant fertilizers. BamtxJO Flooring is a low-energy
ncturclly rene'.':able resou(c::: and oHers ecological div~rsit}, .aSr3sustainabre l1:sc[J~ce
jE_ngir'iei1rf:d '-'arc".'lc:::;j :=10:;'(5 2.pl,/ e1g:reertC 'Nooa prcdu:::l provides mere s!abiliiy w~~h Its hardwood to hard'liood backmg and Increased resistance in mOls1ure prob!ems. Non-allergenIC,
lorma1oe.11oe free EcoLast" finish with UV Protection" and Anti.Mlcrobial Coating-' mal<es the engmee!ed products a healthy and en'ilronmentally sound
I choice Mcr1ufaCiUrers 00 {jot ne2d to h3~'Vest larger tfees to gel 16;-g8 diameter p;eces, as the pieces can be a design 10 tH the need. One of the key benefits fS Its
I
I durability, I[ is less likely to b~lckle or'li03rp under r.wnidllY. It is sealed andlreated to withstand most mojslU~e, as weIJ
;
10"""2 C~lJr.:e'!cp, Quartz 15 the nost common l1:'1ineralu'llne earth's crus:' Engl~eered stone courrterlops are made of abou( 96 percent quartz. Quartz has a:1 ad'/aotage over gran:le .0
lrai it is nO:lporJUS ar.(J fesis!s bac!eria and mold
, Iv1!f1lnizlf1g VOGi, (Vo:~IIJe Orgamc CompOUndS) lh:Js mcrr::l51r.g !f',e Indoor air quc.Jity. Eco Cushi:)r, underpao: is inslaHed under all Gerner car~,eting in a 1\1attamy
I Eco CUSf',~'f\ lnder.o:.;j
I come
;
t- Aoo'iiance-s
jinc/U'ried ~'J;:h hOt71r! purc-;;;;;:----
IEn2i~Y S~Jr .':',iJ~!I,;'~C2S ,~pphances offered are energy star and ene~gcide ~~le9r;:rcd~JC(S
P<ltC:1Sn K:;::j'Cii::S; Ce:llre K!tchen recychn;J is the m;"v norm Ir C2nad~;;m househOlds, MaHdi1'l;/s kitchen rt:eyclrng r.antre 'tIlde,nCOU~39~ _con~~enieTH recyclrng.
I
r Landscapjr.~
I included wih home purchase:
,"f.' ') ..,- ~,.. i\,- o. ,- Eve.7 spring i'.'Jailamy ~ome$ Mc.sts a ';;jower 1=esi' w,'\-ereby .all roe'.." homeowners receive native pian~ species (shrubs and perennials) provide-,j by Matlam~'
I......-..,v(>' , ,a", In"ent. ,t . ! o:jram
I H1T-€s.TiI:s beaJt i!oes ~he ccmmL:'!"\:~{ a~.:l pr.':3~'ides susrainabie landscaping
I
CONSTRUCTION PRACTICES:
included with home purcf7ese:
i,Vaste ;={e::ycI1g Pmgram ;A,'a.s:e recuc:!c~ er.orts a~a swpplemented tl1rougr. a ntml:Jer of lnitiatr~les, Includ':l1.g direct Gotleclion a::o off-site transier cf ma-rE:nals by sub-contractors, ~e-use ~
bt:cks/::ilcsr,$, I,:';c~:(i anti cardtcard. lr,e applicatlon of re-useireduclion conslru:t.;cn techniques such as Op:irnal 'V()llie Engineering and Parieli:::a!ion, and the use Cl
maie~liJl5 CQn!ai,1It~g (ecjclcc conten': The combined error!:; p~ovide$ fm ihe divers:on of appro;omate!y 88% of malerlc3ls.
He':yc:t;::! J,'/i"'CJU Dr:/wal "'.'a.;:e :$ collect~d bj Ir.e dv;mali con:rac:or UPOfl Gwnpl~lian of e;-:x;h a:1d Every herre. Dr/wall 'Ni1S1~ is tiJKe1 to iJ recydr.g Taciilty for rf>use dS GeW gYPs~Jm
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REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
8
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 6060102
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 6060102 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
6060102 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 PD 30-08
July 7, 2008
Subject: Exemption to Fill & Topsoil Disturbance
By-law 6060/02 Section 10 (b)
Page 2
'9
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 'A' - 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
.--""-- __.4
Report PO 30-08 July 7,2008
Subject:
)0
Exemption to Fill & Topsoil Disturbance
3y-law 6060/02 Section 10 (b)
Page 3
Prepared By:
Approved/Endorsed By:
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Neil Carro, oMCIP,RPP
Director, Planning & Development
Robert Starr
Supervisor, Development Control
NC:kb
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
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PROPERTY DESCRIPTION CON 3, N PT LOT 17,18 40R-2114, PART 1 TO 5
Planning & Development Department
OWNER MATTAMY HOMES INC.
FILE No. SUBDIVISION APPLICATION
DATE JUNE 19, 2008 DRAWN BY JB
SCALE 1 :5000 CHECKED BY DB
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Teronel Enterprises Inc. and its suppliers. All rights Reserved. Not 0 pion of survey.
2005 MPAC and its suppliers. All rights Reserved. Not 0 pion of Survey.
PN-15
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ATTACHMENT'~ IU
JiF'ORi I PD~-OB
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VIA EMAIL
JUN 11 2008
June II, 2008
~P:ECEIVEDl
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1 CITY OF PICKERING i.
. I PI ANNING AHD l
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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
& till 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 continued 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-Jaw will 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 infonnation.
Yours truly,
MATIAMY (BROCK ROAD) LIMITED
-L
T (90S) 477-2048 F (905) 477-2337
140 RENFREW DRIVE, SUITE 206, MARKHAM, ONTARIO L3R 603
Citlf o~
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 33-08
Date: October 6, 2008
3
From:
Neil Carroll
Director, Planning & Development
Subject:
Maxcon Developments Ltd. / Cassel, Sidney / Cassel Consultants Ltd.
Plan of Subdivision 40M-1827
Nugget Construction Co. Limited
Plan of Subdivision 40M-1831
Maxcon Developments Ltd.
Plan of Subdivision 40M-1861
Garthwood Homes Limited / Thomas Feeley Construction Ltd.
Plan of Subdivision 40M-1866
Woodsmere Properties Limited
Plan of Subdivision 40M-1875
Marshall Homes (Woodview) Limited / Rinal Enterprises Inc.
Plan of Subdivision 40M-1877
Shrone View Holdings Inc.
Plan of Subdivision 40M-1887
Woodsmere Properties Limited
Plan of Subdivision 40M-1896
Final Assumption of Plans of Subdivision
Recommendation:
1. That Report PO 33-08 of the Director, Planning & Development regarding the
Final Assumption of Plans of Subdivision 40M-1827, 40M-1831, 40M-1861,
40M-1866, 40M-1875, 40M-1877, 40M-1887 and 40M-1896 be received;
2. That the highways being Chickadee Court and Sparrow Circle within Plan
40M-1827 be assumed for public use;
3. That the highways being Sandhurst Crescent, Meldron Drive and Deerhurst
Court within Plan 40M-1831 be assumed for public use;
Report PD 33-08
October 6, 2008
Subject: Final Assumption of Plans of Subdivision
40M-1827/40M-1831/40M-1861/40M-1866
4 40M-1875/40M-1877/40M-1887/40M-1896
Page 2
4. That the highway being Nordane Drive within Plan 40M-1861 be assumed for
public use;
5. That the highways being Lekani Court and Mountain Ash Drive within Plan
40M-1866 be assumed for public use;
6. That the highways being Woodsmere Court, Wildflower Drive and Deerhaven
Lane within Plan 40M-1875 be assumed for public use;
7. That the highway being Rouge Forest Crescent within Plan 40M-1877 be
assumed for public use;
8. That the highway being Clearside Court within Plan 40M-1887 be assumed for
public use;
9. That the highways being Summerpark Crescent, Garland Crescent and
Wildflower Drive within Plan 40M-1896 be assumed for public use;
10. That the services required by the Subdivision Agreements relating to Plans
40M-1827, 40M-1831, 40M-1861, 40M-1866, 40M-1875, 40M-1877, 40M-1887
and 40M-1896, which are constructed, installed or located on lands dedicated to,
or owned by the City, or on lands lying immediately adjacent thereto, including
lands that are subject to easements transferred to the City, be accepted and
assumed for maintenance, save and except from Blocks 17, 18, 22, 23, 24, 25
and 27, Plan 40M-1827; Lot 35, the remainder of Lots 36 and 80, Blocks 99,
100, 101 and 102, Plan 40M-1831; Blocks 13, 14, 15 and 17, Plan 40M-1861;
Block 57, Plan 40M-1866; Block 144, Plan 40M-1875; Blocks 33,34,35 and 38,
Plan 40M-1877; Block 21, Plan 40M-1887 and Blocks 209 and 211, Plan
40M-1896;
11. That the Subdivision Agreements and any amendments thereto relating to Plans
40M-1827, 40M-1831, 40M-1861, 40M-1866, 40M-1875, 40M-1877, 40M-1887
and 40M-1896, save and except from Blocks 17 and 18, Plan 40M-1827; Lot 35
and the remainder of Lots 36 and 80, Plan 40M-1831 and Blocks 13, 14 and 15,
Plan 40M-1861, be released and removed from title;
12. That Council enact a By-law to dedicate Block 103, Plan 40M-1831 as public
highway; and
13. That Council enact a By-law to dedicate Blocks 54 and 55, Plan 40M-1866 as
public highways.
Report PO 33-08
October 6, 2008
Subject: Final Assumption of Plans of Subdivision
40M-1827 /40M-1831 /40M-1861 /40M-1866
40M-1875/40M-1877 /40M-1887 /40M-1896
Page 3
'5
Executive Summary: The City entered into Subdivision Agreements with the
above-noted developers for the development of Plans 40M-1827, 40M-1831,
40M-1861, 40M-1866, 40M-1875, 40M-1877, 40M-1887 and 40M-1896. As all works
and services within these plans have been completed to the satisfaction of City staff, it
is appropriate to assume the roads and services within these plans under the
jurisdiction of the City and release the developers from the provisions of the Subdivision
Agreements.
Financial Implications: There are no new financial implications to the City as a
result of this recommendation.
Sustainability Implications: The final assumption of these plans of subdivision is
an administrative process that legally concludes the City's acquisition of necessary
roads and other infrastructure. It does not directly impact the City's sustainability
initiatives.
Background: The City entered into Subdivision Agreements with the above-noted
developers for the development of Plans 40M-1827, 40M-1831, 40M-1861, 40M-1866,
40M-1875, 40M-1877, 40M-1887 and 40M-1896. As the developers have now
completed all works and services to the satisfaction of City staff, it is appropriate to
assume the roads and services within these Plans, save and except from Blocks 17, 18,
22,23,24,25 and 27, Plan 40M-1827; Lot 35, the remainder of Lots 36 and 80, Blocks
99,100,101 and 102, Plan 40M-1831; Blocks 13,14,15 and 17, Plan 40M-1861; Block
57, Plan 40M-1866; Block 144, Plan 40M-1875; Blocks 33, 34, 35 and 38, Plan
40M-1877; Block 21, Plan 40M-1887 and Blocks 209 and 211, Plan 40M-1896.
Further, it is also appropriate to release the developers from the provisions of their
respective Agreements with the City, as follows:
1. Plan 40M-1827
Subdivision Agreement dated June 26, 1995, registered as Instrument No.
L T73691 0 save and except from Blocks 17 and 18 and the Amending
Subdivision Agreement dated October 19, 1995, registered as Instrument No.
L T741264;
2. Plan 40M-1831
Subdivision Agreement dated October 16, 1995, registered as Instrument No.
L T744601 save and except from Lot 35 and the remainder of Lots 36 and 80 and
the Amending Subdivision Agreement dated September 15, 1997, registered as
Instrument No. L T834581;
Report PD 33-08
October 6, 2008
Subject: Final Assumption of Plans of Subdivision
40M-1827/40M-1831/40M-1861/40M-1866
/'
b 40M-1875/40M-1877/40M-1887/40M-1896
Page 4
3. Plan 40M-1861
Subdivision Agreement dated July 12, 1996, registered as Instrument No.
L T790716 and the Amending Subdivision Agreement dated August 1, 1997,
registered as Instrument No. L T827617 save and except from Blocks 13, 14, and
15;
4. Plan 40M-1866
Subdivision Agreement dated June 17, 1996, registered as Instrument No.
L T790727 and Acknowledgement dated March 12, 1999, registered as
Instrument No. L T892695;
5. Plan 40M-1875
Subdivision Agreement dated June 24, 1996 and registered as Instrument No.
L T809125;
6. Plan 40M-1877
Subdivision Agreement dated February 3, 1997 and registered as Instrument No.
L T809399;
7. Plan 40M-1887
Subdivision Agreement dated April 7, 1997, registered as Instrument No.
L T830828 and the Amending Subdivision Agreement dated July 30, 1998,
registered as Instrument No. L T870899; and
8. Plan 40M-1896
Subdivision Agreement dated June 16, 1997 and registered as Instrument No.
L T834624.
Attachments:
1. Location Map - Plan 40M-1827
2. Location Map - Plan 40M-1831
3. Location Map - Plan 40M-1861
4. Location Map - Plan 40M-1866
5. Location Map - Plan 40M-1875
6. Location Map - Plan 40M-1877
7. Location Map - Plan 40M-1887
8. Location Map - Plan 40M-1896
9. Draft By-law to dedicate Block 103, Plan 40M-1831 as public highway
10. Draft By-law to dedicate Blocks 54 and 55, Plan 40M-1866 as public highways
Report PO 33-08
October 6, 2008
Subject: Final Assumption of Plans of Subdivision
40M-1827 /40M-1831 /40M-1861 /40M-1866
40M-1875/40M-1877/40M-1887/40M-1896
Page 5
7
Prepared By:
Approved/Endorsed By:
. ~, //
1-(/ .01/-(/
Denise Bye,tSupervisor
Property & Development Services
N~
Director, Planning & Development
DB:bg
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
~t
Recommendation approved:
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Director, Corporate Services & Treasurer
Director, Office of Sustainability
Director, Operations & Emergency Services
Director, Planning & Development
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PROPERTY DESCRIPTION 40M-1896 l'
OWNER VARIOUS DATE JULY 18, 2008 DRAWN BY JB
FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1 :5000 CHECKED BY DB
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Roadded.504
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. JJJ'Apr
Being a By-law to dedicate Block 103, Plan
40M-1831 as public highway.
WHEREAS The Corporation of the City of Pickering is the owner of
Block 103, Plan 40M-1831 and wishes to dedicate it as public highway.
NOW THEREFORE, the Council of The Corporation of the City of
Pickering HEREBY ENACTS AS FOLLOWS:
1. Block 103, Plan 40M-1831 is hereby dedicated as public highway
(Sandhurst Crescent).
BY-LAW read a first, second and third time and finally passed this 20th
day of October, 2008.
David Ryan, ~rr
Oebi A. Wilcox, City Clerk
Roadded.505
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to dedicate Blocks 54 and 55,
Plan 40M-1866 as public highways.
WHEREAS The Corporation of the City of Pickering is the owner of
Blocks 54 and 55, Plan 40M-1866 and wishes to dedicate them as
public highways.
NOW THEREFORE, the Council of The Corporation of the City of
Pickering HEREBY ENACTS AS FOLLOWS:
1. Block 54, Plan 40M-1866 is hereby dedicated as public highway
(Lekani Court).
2. Block 55, Plan 40M-1866 is hereby dedicated as public highway
(Mountain Ash Drive).
BY-LAW read a first, second and third time and finally passed this 20th
day of October, 2008.
Debi A. Wilcox, City Clerk
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 34-08
,~) 8 Date: October 6, 2008
From: Neil Carroll
Director, Planning & Development
Subject: Rockwood Drive Road Extension
Road Closing and Abandonment of Easements
Reconveyance of Landllnterest to Adjacent Owners
File: 00507
Recommendation:
1. That Report PO 34-08 of the Director, Planning & Development be received.
2. That Council enact a by-law to:
(a) stop-up and close those portions of Rockwood Drive being Blocks 16, 17, 18
and 19, Plan 40M-2164 and Blocks 19 and 20, Plan 40M-2068 as public
highway;
(b) declare those portions of Rockwood Drive being Blocks 16, 17, 18 and 19,
Plan 40M-2164 and Blocks 19 and 20, Plan 40M-2068 surplus to the needs
of the Corporation for the purpose of sale to the abutting owners, in
accordance with the provisions of the Municipal Act and the Acquisition and
Disposal of Land Policy and subject to any required easements;
(c) abandon the easements, in favour of the City, for road access/maintenance
purposes, over those parts of Lots 1, 2, 14 and 15, Plan 40M-2164,
designated as Parts 1, 2, 3 and 4, Plan 40R-22162 and reconvey the
easement interest to the abutting owners; and
(d) authorize the execution of all relevant documentation necessary to abandon
the existing access/maintenance easements, stop-up and close portions of
Rockwood Drive as public highway and effect the conveyances of same to
the abutting owners for nominal consideration, subject to any required
easements.
Executive Summary: The northerly portion of Rockwood Drive was constructed
through Plan of Subdivision 40M-2068 and the southerly portion was constructed
through Plan of Subdivision 40M-2164 leaving the central 160 metres (approximately)
to be constructed.
Report PD 34-08
October 6,2008
Subject: Rockwood Drive Road Extension
Road Closing and Abandonment of Easements
Page 2
'9
The central portion of Rockwood Drive is now complete and therefore the turning circle
located at the south limit of Plan 40M-2068 and the turning circle and
access/maintenance easements located at the northerly limit of Plan 40M-2164 are no
longer required by the City and should be reconveyed to the abutting owners.
Financial Implications:
Legal Fees and Disbursements
Grant Morris Associates
Sustainability Implications: The road closing and abandonment of
access/maintenance easements are administrative processes that will ensure
compliance with legal and City conditions prior to the conveyance of the subject lands
to the adjacent owners. It does not directly impact the City's sustainability initiatives.
Background: The northerly portion of Rockwood Drive was constructed through
Plan of Subdivision 40M-2068 and the southerly portion was constructed through Plan
of Subdivision 40M-2164 leaving the central 160 metres (approximately) to be
constructed.
The City acquired the 160 metres of land necessary to complete the central portion of
the Rockwood Drive extension from the abutting landowners and pursuant to a
Development Agreement between Grant Morris Associates and the City, the central 160
metres has now been constructed satisfactory to the City.
The central portion of Rockwood Drive is now complete and therefore the turning circle
located at the south limit of Plan 40M-2068 and the turning circle and
access/maintenance easements located at the northerly limit of Plan 40M-2164 are no
longer required by the City and should be reconveyed to the abutting owners.
As the lands subject of both turning circles have been dedicated as public highway, it is
necessary to formally stop-up and close them prior to reconveying the lands to the
abutting owners. Attached is a draft by-law giving authority to formally stop-up and
close the lands subject of the turning circles and to abandon the existing easements in
favour of the City, which lands and interests will be reconveyed to the abutting owners.
Attachments:
1. Stop-up and Close Location Map
2. Draft Stop-up and Close By-law
Report PO 34-08
October 6,2008
Subject: Rockwood Drive Road Extension
_~ : I Road Closing and Abandonment of Easements
'J
Page 3
Prepared By:
Approved/Endorsed By:
l,('! 2. IJ
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Denise Bye, 'Supervisor,
Property & Development Services
Neil Carro ,-i~CIP, RPP
Director, Planning & Development
DB:bg
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Coup. .
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PROPERTY DESCRIPTION BLOCKS 16, 17, 18 & 19, 40M-2164 AND BLOCKS 19 & 20, 40M-2068 l'
OWNER VARIOUS DATE SEPT. 3, 2008 DRAWN BY JB
FILE No. STOP-UP AND CLOSE ROAD PARTS SCALE 1:2000 CHECKED BY DB
~a!.o Sources: PN-10
Teranel Enterpr-ises Inc. and its suppliers. All riCiJhts Reserved. Not a pIon of survey.
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ATTACHMENT 1-"'" TO
REPORT # PO ;~ Y " (.; S.
2
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to stop-up and DOE'T
portions of Rockwood Drive as public
highway, abandon easements in favour of
the City and reconvey certain lands and
interests in land to the abutting owners.
WHEREAS, pursuant to the Municipal Act, the Council of the City may pass by-laws to
acquire or dispose of land or interests in land and to stop-up a highway, or part thereof,
and to authorize its sale or the sale of a part thereof.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. The following portions of highway are hereby stopped-up and closed to both
vehicular and pedestrian traffic:
. Rockwood Drive being Blocks 19 and 20, Plan 40M-2068 and Blocks 16, 17,
18 and 19, Plan 40M-2164.
2. That those portions of Rockwood Drive described above are hereby deemed
surplus to the needs of the Corporation and shall therefore be offered for sale to
the abutting owners, subject to any required easements, for nominal consideration
($2.00).
3. The following portions of land are no longer required by the City for road access/
maintenance purposes and the City's interest in them shall be abandoned and
reconveyed to the abutting owners for nominal consideration:
. Those parts of Lots 1, 2, 14 and 15, Plan 40M-2164, designated as Parts 1,
2,3 and 4, Plan 40R-22162.
4. The Mayor, City Clerk and City Solicitor are authorized to obtain and execute all
relevant documentation necessary to effect the above.
BY-LAW read a first, second and third time and finally passed this 20th day of October,
2008.
David Ryan, Mayor
Debi A. Wilcox, City Clerk
D0507
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PD 36-08
Date: October 6, 2008
~3
From:
Neil Carroll
Director, Planning & Development
Subject:
S.R.&R. Bay Ridges Ltd.
Parkland Conveyance
File: S 2/07
Recommendation:
1. That Council confirm the requirement that S.R.&R. Bay Ridges Ltd. pay the sum
of $533,250 in lieu of the conveyance of parkland in relation to the
redevelopment of the lands in the former Bay Ridges Plaza shown on
Attachment #1 to Report PD 36-08.
Executive Summary: S.R.&R. Bay Ridges Ltd. ("SR&R") disputes the amount that
City staff have calculated to be payable in lieu of the conveyance of parkland. This
report sets out the positions of both SR&R and staff, and recommends that Council
confirm the $533,250 parkland payment calculated by staff.
Financial Implications: If Council adopts the recommendation contained in this
report, the City will collect a total of $533,250 as payment in lieu of parkland
conveyance for the redevelopment of the property. If Council accepts the offer
contained in a letter from SR&R's lawyer (William Friedman) dated June 18, 2008, the
City will only collect a total of $150,000.
Sustainability Implications: Other than the financial implications set out above,
there are no sustainability implications.
1.0 Background:
The relevant background information is as follows:
1. On October 3, 2006, Council approved SR&R's zoning by-law amendment
application to permit a mixed use development on the lands in the former Bay
Ridges Plaza site, shown in Attachment #1 and Attachment #2 (the "Lands"). The
issue of parkland was addressed in the recommendations report (PD 45-06) as
follows:
Report PO 36-08
October 6,2008
Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
Page 2
I.
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The City will be requiring cash-in-lieu of parkland from the applicant in order to satisfy the full
provisions of Section 42(1) of the Planning Act Further, the applicant will be required to
design and construct certain amenity areas, including a 'parkette' within the development in
order to provide outdoor amenity space for residents of the project.
For development of this nature, and in accordance with the Planning Act, the City of Pickering
Official Plan provides two options for the calculation of required parkland dedication. The first
is the conveyance of land or cash-in-lieu of land at an amount of five percent of the proposed
land to be developed. The second option, as an alternative for High Density Residential Area
or Mixed Use Areas, requires land or cash-in-lieu of land at a rate of up to one hectare for
each 300 dwelling units proposed. It is recognized that the second option may have
significant financial impact on the viability of the project. The first option, being the five
percent calculation, is recommended as this may assist the economics of site development,
especially when considering the significant costs associated with sanitary sewer upgrades
and installation.
If Council had chosen to use the second option, SR&R's payment in lieu of
parkland conveyance would have been up to approximately $5,578,000 based on
the current zoning for 497 units and the most recent appraisals that show that the
market value of the residential portion of the Lands is $10,665,000. Even if
SR&R's payment was calculated based on the price SR&R paid to purchase the
Lands prior to rezoning ($6,333,000), this second option would have required
SR&R to pay up to approximately $3,312,000 in lieu of parkland conveyance
based on the current zoning for 497 units.
2. Section 5 of Schedule C to the Development Agreement signed by SR&R and
registered against title to the Lands on February 14, 2008 provides as follows:
CALCULA nON OF AMOUNT PA Y ABLE IN LIEU OF PARKLAND CONVEYANCE
Prior to the issuance of the first permit for the construction of any building on the Lands, the
Owner shall.'
(1) Obtain a written appraisal, prepared by a professional land appraiser acceptable to the
City, of the value of the Lands, as of the day before the issuance of the permit, and
(2) Pay the sum equal to 5% of the appraised value, which sum shall be provided in the
form of cash or certified cheque, and which sum the City shall accept in full satisfaction
of the Owner's obligation to provide parkland.
3. SR&R disputes the amount that staff have calculated to be payable in lieu of
parkland conveyance (the "parkland amount") in relation to the redevelopment of
the Lands. Pending a resolution of the issue, staff agreed to process up to 110
building permits for the townhouse units on the Lands (areas zoned SA-8, SA-LW
and MO-H6 on Attachment #2) on the condition that SR&R paid $200,000 to the
City to be applied against whatever amount Council determines should be paid.
SR&R also agreed to provide the City with an appraisal showing the current
market value of both the commercial and residential components of the Lands.
Attachment #3 to this report is a copy of a letter dated February 29, 2008
confirming this agreement.
Report PO 36-08
October 6, 2008
Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
Page 3
r'~
)
4. SR&R has provided two appraisals dated March 17, 2008 and July 24, 2008. The
March 17, 2008 appraisal indicates that the market value of the Lands is
$12,765,000. The July 24,2008 appraisal indicates that the market value of the
commercial portion of the Lands is $2,100,000. Therefore the residential portion
of the Lands is $10,665,000.
5. The first building permits were issued on March 13, 2008.
6. By letter dated June 18, 2008 from SR&R's lawyer (William Friedman) to the
Director, Corporate Services & Treasurer (see Attachment #4), SR&R has set out
its position on the issue of parkland dedication. SR&R has clarified that its offer is
to pay the City a total of $150,000 in lieu of parkland; in addition to the costs it will
incur to implement improvements in the buffer lands and the ravine stewardship
plan. Consequently, SR&R requests that it be reimbursed $50,000 of the
$200,000 payment already made to the City.
7. The laws, by-laws and policies relevant to the calculation of the parkland amount
are as follows:
(a) Section 42 of the Planning Act (extracts in Attachment #5);
(b) Section 15.28 of the Pickering Official Plan (Attachment #6); and
(c) City Parkland By-law 5373/98 (Attachment #7).
8. The City has recently received applications from SR&R to amend the City's Official
Plan and zoning by-laws to facilitate the redevelopment of the former 'Square Boy
Plaza' lands. If these applications are approved, SR&R will be required to pay a
further parkland amount.
2.0 Discussion:
Staff's responses to each of the points raised in Mr. Friedman's letter dated
June 18, 2008 as well as two other arguments that SR&R has previously put forward in
relation to this issue are set out below.
Valley Land and Buffer Land Contributions
SR&R Position
1. "Bay Ridges has conveyed to the City 4.94 acres, the Buffer Lands, for park or
public recreation purposes. This represents the entire 5% required to be conveyed
for Parkland. II
2. "In addition Bay Ridges has been required to convey an area equal to 1.505 acres.
This area is known as the valley lands. II
Report PO 36-08
October 6,2008
Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
Page 4
/
.: ~)
Staff Response
In accordance with the registered Development Agreement, SR&R conveyed Part 2
(517.88 m\ Part 3 (139.50 m\ Part 4 (48.44 m2) and Part 6 (1,287.41 m2) on Plan
40R-25170 for Buffer Lands. These parts total 0.1993 hectares or 0.492 acres, not
4.94 acres. The valley lands total 1.505 acres. Therefore, SR&R has conveyed just
under two acres of land for such purposes. The buffer lands and valley lands are shown
separately on Attachment #1. They are shown together as the area zoned OS-HL in
Attachment #2.
The conveyance of the buffer lands into public ownership is a requirement of the TRCA
and is necessary for the protection of the natural heritage system. Buffer lands
constitute an integral component of the natural heritage system. They provide space
for the protection and ecological function of valley lands. The City does not accept
valley lands, environmental buffer areas, or other lands unsuitable for park
development as parkland dedication. This policy is outlined in the City's Official Plan
(section 15.28(c)) and this approach has been upheld by the Ontario Municipal Board
(K.p. Isberg Construction v. Toronto (City) (2007), 56 O.M.B.R. 418).
Conveyance of environmental buffer areas to public authorities has become common in
development approval processes. For example, the Environmental Servicing Plan for
the Duffin Heights Neighbourhood has identified significant buffer areas beyond the
physical top-of-bank of the Ganatsekiagon Creek that must be conveyed to an
appropriate public authority through the development approvals process. While these
buffers are beyond the physical top-of-bank of valley systems, they are considered part
of the ecological function of the natural heritage system and are therefore contained
outside of the development area. These buffer lands will not be considered as parkland
conveyance or as any amount payable in lieu of such conveyance. If they were to be
accepted as parkland in fulfillment of Planning Act dedication requirements, the City
would not be able to secure sufficient lands for its active neighbourhood parks without
purchasing such lands at market value and passing this cost on to the taxpayer.
Consequently, qualifying buffer lands as parkland conveyance in fulfillment of Planning
Act requirements would have serious implications on the City's parks program.
Ravine Stewardship Plan
SR&R Position
3. "Bay Ridges has also agreed to provide a three year Ravine Stewardship Plan for
the Valley lands at a cost of $50, 000. 00"
Report PD 36-08
October 6,2008
Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
Page 5
c__ /
Staff Response
The Development Agreement requires that SR&R secure $36,000.00 (not $50,000.00),
which represents 100% of the anticipated cost of preparing and implementing the
Ravine Stewardship Plan. TRCA required that SR&R fund the cost of the Plan as a
condition of site plan approval (see letter from TRCA dated July 3, 2007 -
Attachment #8). The value of the Ravine Stewardship Plan ($36,000.00) was
determined by TRCA. This TRCA requirement has nothing whatsoever to do with the
City's requirements for parkland dedication. While the Stewardship Plan is an initiative
in support of environmental responsibility and is commendable, the cost of such
program initiatives should not be credited against parkland amounts.
Site Plan Improvements
SR&R Position
4. "Bay Ridges has agreed to make certain improvements to the Buffer Lands
conveyed to the City at a cost of $46, 000, 00. "
Staff Response
SR&R has agreed to make certain improvements to the buffer lands as a condition of
site plan approval. Staff cannot determine if the cost estimate of $46,000 is accurate
without more detailed information from SR&R.
Site improvements are a standard requirement for any major development in the City of
Pickering. They can be on private property and/or on public property (i.e. boulevard
planting; pedestrian connections to existing sidewalks). As a condition of the City's
approval of the site plan for this redevelopment and with the approval of TRCA, SR&R
was required to construct a walkway within a section of the Douglas Ravine buffer area.
Certain landscaping features have been incorporated into the walkway design. The
costs associated with these site improvements are part of the overall site development
requirements. The City does not credit the cost of improvements like these against
parkland dedication requirements.
Previous Parkland Dedications
SR&R Position
5. "Bay Ridges is entitled to (sic) pursuant to Section 42(9) of the Planning Act to a
credit for any amounts previously conveyed with respect to the Lands for park or
other recreational purposes or paid in lieu thereof"
~~'""..",......,,..__,.,..,,,,,~_",-&>__,,^,,",';,,,,,,,~._,,~-...,,,,... 4."l'~&'~~~~_,~
Report PD 36-08
October 6, 2008
Subj~ct: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
" tl
Page 6
Staff Response
Staff have reviewed all development agreements and subdivision agreements relating
to the Lands and most of the lands that make up the communities of Bay Ridges and
West Shore. We did not find any evidence of any parkland dedications in relation to
the Lands. In fact, staff did not find any parkland dedications relating to any
commercial lands in either the Bay Ridges community or the West Shore community.
Staff did, however, locate several parkland dedications and cash-in-lieu contributions in
relation to residential development in these communities. For example, a combination
of parkland and cash-in-lieu was given to the City to facilitate the construction of the
East Shore Community Centre as a condition of the development of all three of the
residential condominium projects located immediately south of the Bay Ridges Plaza
(agreements were dated February 12, 1969 and December 30, 1970). Consistent with
the City's current parkland policy, staff are not aware of any situation in which the City
has taken parkland or cash-in-lieu for any commercial development (including the Bay
Ridges Plaza).
Based on the foregoing, it is staff's opinion that no credit is available to SR&R pursuant
to subsection 42(9) of the Planning Act.
Commercial Component Credit
SR&R Position
6. "Bay Ridges is entitled to a credit for the value of the commercial component of the
development. This is estimated as follows:
a) Total commerciallretail space is 24,721 sq. ft and ass,uming a typical yield
from commercial land of 27%, then the total acreage required to develop and
build this amount of commerciallretail space would be 89,892 sq. ft or 2.063
acres.
b) Land for commercial purposes in Pickering is worth $800,000 to $1,100,000.
And by taking the mid-point of say 950,000 the land required to build this
amount of commerciallretail would be $1,959,850.
c) Therefore (sic) the residual land value of the commerciallretail space that will
be built amounts to $1,959,850 and should be deducted from any values
before calculating the 5% in lieu. "
..._----""-~~....~,,~~,,"'" .
Report PO 36-08
October 6,2008
Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
Page 7
9
Staff Response
Staff agree that the base figure used to calculate the parkland amount should be
reduced to reflect the fact that a portion of the development is commercial. In fact, City
staff made SR&R aware of the need to make this adjustment to the parkland amount at
a meeting held on February 27, 2008 and committed in writing to make the adjustment
based on an appraisal from a qualified land appraiser (see Attachment #3). This
approach ensures that SR&R's parkland amount is calculated in a manner consistent
with Section 3 of the City's Parkland By-law (see Attachment #7) which provides that
parkland conveyance is not required as a condition of any development or
redevelopment of land for commercial or industrial purposes.
In the opinion of staff, the City should not rely upon the calculations in Mr. Freidman's
letter dated June 18, 2008. Instead, the proper figure to use is the appraiser's estimate
of the value of the commercial portion of the Lands ($2,100,000). Accordingly, the
figure used to calculate the parkland amount is $10,665,000 which represents the
difference between the appraised value of the Lands ($12,765,000) less the appraised
value of the commercial portion of the Lands ($2,100,000).
Purchase Price v. Market Value
SR&R Position
In discussions with staff, SR&R representatives have repeatedly argued that the
parkland amount should be calculated based on the price it paid to purchase the Lands.
They feel that City staff previously advised them of this. SR&R purchased the Lands on
July 29, 2005 for $6,333,000. If the initial purchase price was accepted as representing
land value, SR&R would be required to pay 5% of $6,333,000 or $316,650 as its
parkland dedication.
Staff Response
In the opinion of staff, for the purpose of calculating the parkland amount, the value of
the Lands should be determined as of the day before the first permit was issued (March
13, 2008) and not as of the date that SR&R purchased the Lands. This is what is
explicitly provided for in subsection 42(6.4) of the Planning Act and section 5 of
Schedule C of the Development Agreement between SR&R and the City. In fact, it is
only as a result of the rezoninq of the Lands (which happened after the Lands were
purchased) that the City acquired the leqal authority to collect a parkland amount (see
subsection 42(7) of the Planninq Act).
Report PO 36-08
October 6,2008
Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
. ('\
"'1 I'
Page 8
Staff have previously used a developer's purchase price as the basis to calculate a
parkland amount, but only where (a) the payment was made within 1 year of the date
that the property being developed or redeveloped was purchased and there was no
reason to believe that the property value had materially increased; and (b) there had not
been any intervening change in land use or increase in the density for the site. This is
done to save the developer an unnecessary expense. The City does not use a
developer's purchase price to calculate a parkland amount where there has been an
intervening change in land use or increase in density.
Tot Lot
SR&R Position
In discussions with staff, SR&R representatives have argued that the parkland amount
should be reduced because they are providing a tot lot on the Lands.
Staff Response
A tot lot is being constructed on the Lands. It is an important component of the
condominium project. With developments that produce the density that is planned at
this site, there is always a need for outdoor amenity space, and specifically an area for
children's play facilities. This is a common City requirement for any residential
development of this nature and it represents an important site design component. The
tot lot is located on private property for the use of the residents of the condominium
project. The City does not credit the cost of a site improvement like this against
parkland dedication requirements.
3.0 Conclusion:
As discussed above, SR&R already received the benefit of a significantly lower
parkland amount when Council elected not to require land or cash-in-lieu of land at a
rate of up to 1 hectare for each 300 dwelling units in the development. SR&R will also
receive the benefit of a deduction in the amount payable to reflect the fact that a portion
of the redevelopment is commercial. In the opinion of staff, there are no other
reduction options or credits available under the Planning Act, the City's Official Plan or
the Parkland By-law. Accordingly, it is staff's position that the proper parkland amount
in relation to the redevelopment of the Lands is 5% of the appraised market value of the
residential portion of the Lands as of the day before the first permit was issued. The
amount payable should therefore be 5% of $10,665,000 or $533,250.
Report PO 36-08
October 6, 2008
Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
Page 9
) "I
Attachments:
1. Location Map
2. Schedule II to By-law 6705/06 as amended by By-law 6786/07
3. Letter dated February 29, 2008 from City Solicitor to William Friedman
4. Letter dated June 18, 2008 from William Friedman to the Director, Corporate
Services & Treasurer
5. Extracts from Section 42 of the Planning Act
6. Section 15.28 of the Pickering Official Plan
7. City Parkland By-law 5373/98
8. Letter dated July 3, 2007 from TRCA to Tyler Barnett
Report PD 36-08
October 6,2008
Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
')
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Page 10
Prepared By:
Approved/Endorsed By:
R~~CI;;?
Principal Planner - Development Review
c..-- T mas J. Qui
Chief Administ tive Officer
Approved/Endorsed By:
Neil Carr
Director, Panning & Development
Approved/Endorsed By:
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-Gillis Paterson
Director, Corporate Services & Treasurer
Evere unts
Director, Operations & Emergency Services
Approved/Endorsed By:
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Andrew C. Allison
City Solicitor
RP:jf
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering CitY.: Cou cil
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City of Pickering
Planning & Development Department
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DEVELOPMENT SITE-7.823 acres (3.166 ha)
VALLEY LAND BUFFER-0.492 acres (0.1993 ha)
DATE: AUG. 26, 2008
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VALLEY LAND-1.505 acres (0.6091 ha)
Dote Sources:
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All rights Re!Served. Not a plan of survey.
C 2005 MPAC and its suppliers.
All rights RS!Jerved. Not 0 plan of Survey.
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SCHEDULE ]I TO BY-LAW 6705/06
AMENDED BY BY-LAW 6786/07
PASSED THIS 23,d
DAYOF JULY 2007
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ORIGINAL SIGNED BY
MAYOR - DAVID RYAN
ORIGINAL SIGNED BY
CITY CLERK - DEBI A. BENTLEY
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Pickering Civic Complex
One The Esplanade
Pickering, Ontario
Canada L1 V 6K7
Direct Access 905.420.4660
Toll Free 1.866.683.2760
cityofpickering.com
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ADMINISTRATION DEPARTMENT
Legal Services
Division 905.420.4626
Facsimile 905.420.3534
legal@city.pickering.on.ca
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February 29, 2008
William Friedman
Barrister & Solicitor
3550 Victoria Park Avenue
Suite 110
Toronto, ON M2H 2N5
Subject:
SR&R Bay Ridges Ltd.
- File: L-3210-001-06
I can confirm that the City is prepared to issue up to 110 building permits for single
attached units on lands zoned SA-LW, MD-H6 and SA-8 within the property legally
described as Parts 1, 5 and 7 on Plan 40R-25170 (the "Property") provided,
(a) all requirements relating to the issuance of building permits of the City's
Chief Building Official are met; and
(b) SR&R Bay Ridges Ltd. ("SR&R) pays $200,000.00 to the City to be
applied towards the amount owed by SR&R in lieu of parkland dedication.
I can also confirm that City staff, if requested by SR&R, will prepare a report for
consideration by Council at its meeting on March 25, 2008 seeking direction on the total
amount payable in lieu of parkland dedication provided,
(a) SR&R has conveyed the valley lands legally described as Parts 12, 13, 14
(save and except Part 3 on Plan 40R-25170), 15 and 16 on Plan 40R-
24800 to the City free and clear of all encumbrances save and except the
encumbrances set out in Schedule A attached;
(b) SR&R has provided a certified appraisal showing the current market value
of both the commercial and residential components of the Property; and
(c) SR&R agrees to remit whatever amount Council determines to be the
appropriate amount payable in lieu of parkland dedication (less the
)6
SR&R Bay Ridges Ltd.
February 29, 2008
-.
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Page 2
$200,000.00 already paid) forthwith after Council's decision subject
however to any rights of appeal to the OMB.
Finally, I can confirm thatlhe commercial component of the market value of the
Property will be deducted from lhe overall market value for the purpose of calculating
the amount owed in lieu of parkland dedication.
If these conditions are acceptable to your clien!. please sign and forward to my office
the enclosed copy of this lelter.
Yours truly
44(.*
Andrew C. Allison
Cily Solicitor
ACA:ks
Altachment
Copy: Chief Administrative Officer
Director, Operations & Emergency Services
Director, Planning & Development
Manager, Development Review
Supervisor, Property & Development Services
Senior Planner - Site Planning
SR&R Bay Ridges Ltd, agrees to the conditions set oul in this letter.
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Dated: I.{ b~ 2f!,
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A TT ACHMENl # :'" TO
'-PORT (J PD.~' ,," :-' .
7
Schedule "A"
]. The reservations, limitations, provisions and conditions expressed in the original
grant from the Crown and all unregistered rights, interests and privileges in favour of
the Crown under or pursuant to any applicable statute or regulation.
2 Liens for taxes, local improvements, assessments or governmental charges or levies
not at the time due or delinquent.
3 Zoning restrictions, restrictions on the use of the Lands.
4. Any unregistered right-of-way, watercourse, rights-of.water or other easements not
disclosed by the registered title :lJ1d the survey, if any, provided to us and any defects
in or omissions disclosed by the survey.
5. Any subdivision, servicing, development, engineering, site plan, performance
agreement or other similar agreement with a municipal or other public authority.
6. All applicable governmental orders, laws, by-laws and regulations.
7. The reservations, limitations, conditions and exceptions to title set out in the Land
Titles Act (Ontario),
8 Part Lot Control By-Law registered March 7, 1961 as Instrument No. LTC 2527;
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WILLIAM FRIEDMAN B.eL., L.L.B
Barrister & Solicitor
150 Ferrand Drive, Suite 802
Toronto, Ontario, Canada,
M3C 3E5
Tel: 416-496-3340
Fax: 416-497-3809
E-mail: ~IQl:Qia
By Email 2paterson(iiJcitv.pickerine.on.ca
By Courier
June 18,2008
Gillis A. Paterson
Director, Corporate Services & Treasurer
The Corporation of the City of Pickering
One The Esplanade
Pickering, Ontario, Canada
LlV 6K7
Dear Sir:
Re: Parkland Dedication - SR & R Bay Ridges-Mixed Use Development
1215-1235 Bayly Stree4 Pickering, Ontario
Pursuant to Section 42(1) of the Planning Act (the "Act"), the council of the City of
Pickering as a condition of development or redevelopment of land may require that land
in an amount not exceeding 2%, in case of a commercial or industrial development or
redevelopment and in all other cases 5% of land be conveyed to the municipality for park
or other recreational purposes.
Section 42(6) of the Act permits the City to require payment of money to the value of the
land otherwise required to be conveyed in lieu of a conveyance.
DETERMINATION OF V AWE
Pursuant to the Planning Act the value of the land shall be determined as of the day
before the day the building permit is issued in respect of the development or
redevelopment or if more than one permit is required on the day before the day the first
permit is issued.
Section 42(9) of the Act then provides that in the case where land has been previously
conveyed for park or recreational purposes or a payment of money has previously been
made in lieu a conveyance and the land was originally proposed for commercial or
"
IffTACHlvd::i'JH'_ l TO
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2
industrial purpose and has now been proposed for another purpose then the land
previously conveyed or money previously paid shall be included in detennining the
amount of land or money required to be conveyed or paid in connection with the new
development or redevelopment. Accordingly this section requires the City to credit the
amount of previous payment or conveyance against what is now to be paid or conveyed.
9
If there is a dispute as to value of the land or as to the credit for previous payment then
the matter can be brought before the OMB.
POSITION OF SR& R BAY RIDGES LTD.
Bay Ridges takes the position that:
I. Bay Ridges has conveyed to the City 4.94 acres, the Buffer Lands, for park or public
recreational purposes. This represents almost the entire 5% required to be conveyed for
Parkland.
2. In addition Bay Ridges has been required to convey an area equal to 1.505 acres. This
area known as the valley lands.
3. Bay Ridges has also agreed to provide a three (3) year Ravine Stewardship Plan for the
Valley lands at a cost of $50,000.00
4. Bay Ridges has agreed to make certain improvements to the Buffer Lands conveyed to
the City at a cost of $46,000.
5. Bay Ridges is entitled to pursuant to Section 42(9) of the Planning Act to a credit for
any amounts previously conveyed with respect to the Lands for park or other recreational
purposes or paid in lieu thereof
6. Bay Ridges is entitled to a credit for the value of the commercial component of the
development. This is estimated as follows:
a) Total commerciaVretail space is 24,271 and assuming a typical
yield from commercial land of 27%, then the total acreage required to develop and build
this amount of commerciaVretail space would be 89,892 sq. ft. or 2.063 acres.
b) Land for commercial purposes in Pickering is worth $800,000 to
$1,100,000. and by taking the mid-point of say $950,000 the land required to build this
amount of commerciaVretail would be $1,959,850
c) Therefor the residual land value of the commercial/retail space that
will be built amounts to $1,959,850 and should be deducted from any values before
calculating the 5% in lieu.
The value of the lands as at the issue of the first building pennit was detennined by
appraisal to be $12,800,000. Five (5%) percent thereof is $640,000.00. Based on the
foregoing it would appear that no further sum is owed or needs to be conveyed to the
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City. Moreover an argument can be made that Bay Ridges has conveyed and/or paid an
amount in excess of what it is required to conveyor pay under the Planning Act.
Rather than enter into a prolonged dispute resolution process, Bay Ridges is prepared to
resolve the issue relating to the parkland conveyance by pa~ng an additional amount of
$ I 50,000.00. It is more than a reasonable amount given the various credits noted above to
which Bay Ridges believes it would otherwise be entitled.
cc. Mayor Dave Ryan
Councillors Bonnie Littley, Bill McLean, Rick Jolmson, Jennifer O'Connell, Doug
Dickerson, David Pickles
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Conveyance of land for park purposes
42. (1) As a condition of development or redevelopment of land, the council of a
local municipality may, by by-law applicable to the whole municipality or to any defined
area or areas thereof, require that land in an amount not exceeding, in the case of land
proposed for development or redevelopment for commercial or industrial purposes, 2
per cent and in all other cases 5 per cent of the land be conveyed to the municipality for
park or other public recreational purposes.
Alternative requirement
rn Subject to subsection (4), as an alternative to requiring the conveyance
provided for in subsection (1), in the case of land proposed for development or
redevelopment for residential purposes, the by-law may require that land be conveyed
to the municipality for park or other public recreational purposes at a rate of one hectare
for each 300 dwelling units proposed or at such lesser rate as may be specified in the
by-law.
Official plan requirement
ill The alternative requirement authorized by subsection (3) may not be provided
for in a by-law passed under this section unless there is an official plan in effect in the
local municipality that contains specific policies dealing with the provision of lands for
park or other public recreational purposes and the use of the alternative requirement.
Payment instead of conveyance
lID The council of a local municipality may require the payment of money to the
value of the land otherwise required to be conveyed under this section in lieu of the
conveyance.
No building without payment
@JJ If a payment is required under subsection (6), no person shall construct a
building on the land proposed for development or redevelopment unless the payment
has been made or arrangements for the payment that are satisfactory to the council
have been made.
Determination of value
(6.4) For the purposes of subsections (6) and (6.2), the value of the land shall be
determined as of the day before the day the building permit is issued in respect of the
development or redevelopment or, if more than one building permit is required for the
development or redevelopment, as of the day before the day the first permit is issued.
Where land conveyed
ill If land has been conveyed or is required to be conveyed to a municipality for
park or other public purposes or a payment of money in lieu of such conveyance has
been received by the municipality or is owing to it under this section or a condition
imposed under section 51.1 or 53, no additional conveyance or payment in respect of
the land subject to the earlier conveyance or payment may be required by a
municipality in respect of subsequent development or redevelopment unless,
AnACHMENT , 5 TO
'1 F r,.'
REPORT , PO '> C, . L ,";
2a) there is a change in the proposed development or redevelopment which
.. would increase the density of development; or
(b) land originally proposed for development or redevelopment for commercial or
industrial purposes is now proposed for development or redevelopment for
other purposes.
Changes
fill If there is a change under clause (7) (a) or (b), the land that has been
conveyed or is required to be conveyed or the payment of money that has been
received or that is owing, as the case may be, shall be included in determining the
amount of land or payment of money in lieu of it that may subsequently be required
under this section on the development, further development or redevelopment of the
lands or part of them in respect of which the original conveyance or payment was
made. .
Disputes
.l1.QJ. In the event of a dispute between a municipality and an owner of land on the
value of land determined under subsection (6.4), either party may apply to the Municipal
Board to have the value determined and the Board shall, in accordance as nearly as
may be with the Expropriations Act, determine the value of the land and, if a payment
has been made under protest under subsection (12), the Board may order that a refund
be made to the owner.
Same
ll.1} In the event of a dispute between a municipality and an owner of land as to
the amount of land or payment of money that may be required under subsection (9),
either party may apply to the Municipal Board and the Board shall make a final
determination of the matter.
Payment under protest
012 If there is a dispute between a municipality and the owner of land under
subsection (10), the owner may pay the amount required by the municipality under
protest and shall make an application to the Municipal Board under subsection (10)
within 30 days of the payment of the amount.
Notice
f.1J2 If an owner of land makes a payment under protest and an application to the
Mu'nicipal Board under subsection (12), the owner shall give notice of the application to
the municipality within 15 days after the application is made.
ATTACHMENT I
REPORT I PO
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Enabling Policies
This section of the Plan provides policies that outline
how the City will obtain its park land through
development applications, and how road widenings will
be secured.
(a) shall as a condition of residential
development, and may as a condition of
other development, except for the uses
described in (b),
(i) require the conveyance of land to
the municipality for park or other
public recreational purposes in an
amount not exceeding 5% of the
proposed land to be developed;
(ii) may, as an alternative to requiring
conveyance of land as provided for
in (i) above, in 'the High Density
Residential Areas and Mixed Use
Areas, require land to be conveyed
for park or other public recreational
purposes at a rate of up to one
hectare for each 300 dwelling units
proposed, whichever is greater; and
(iii) may, in lieu of a portion or all of the
land conveyance stipulated by (i) or
(ii) above, require the payment of
money to the value of the land that
would otherwise be required to be
conveyed for park purposes;
(b) may, as a condition of commercial or
industrial development,
(i) require the conveyance of land to
the municipality for park or other
public recreational purposes in an
amount not exceeding 2% of the
proposed land to be developed; and
(ii) may, in lieu of a portion or all of the
land conveyance stipulated by
(i) above, require the payment of
money to the value of the land that
would otherwise be required to be
conveyed for park purposes; and
CITY POLICY
Parkland: Conveyance of
Land for Park or Other
Public Recreational Purpose.!
15.28 City Council,
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CITY POLICY
Parkland: Conveyance of Land]or
Park or Other Public Recreational
Purpom (cont'd)
(c) shall not accept as parkland conveyance
lands required for drainage; val1ey and
stream corridor or shoreline protection
purposes; lands susceptible to flooding;
steep val1ey slopes; hazard lands; lands
required to be _ conveyed to a public
agency other than the City of Pickering;
and other lands unsuitable for park
development.
CITY POLICY
Road Widening!
15.29 City Council shal1 secure, at no charge to the
municipality, the right-of-way widths in
accordance with section 4.10 for roads
shown on Schedule II, through the
subdivision, land severance and/or site plan
control process, and/or through development
agreements, and/or by dedication or
conveyance, subject to,
(a) exact right-of-way widths being
determined at the time of
development, considering the
proposed land use, intensity of
development, road function, cultural
and heritage features of the area, and
development guidelines prepared for
Detailed Review Areas; and
(b) road widenings being taken equally
from both sides of the road measured
from the centreline, except in areas
where special circumstances exist (such
as areas containing unusual soil,
topographic or other environmental
features; 'areas where existing buildings
or structures warrant protection; and
where jog-eliminations are proposed at
intersections), which circumstances
require that more of the required road
widening is taken from one side than
the other.
PICKERING OFFICIAL PLAN EDITION 4: Chapter Fifteen -- Development Review
301
Ii TT ACHMENT I
REPORT # PO
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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5373/98
Being a by-law to require the conveyance of land
for park or other public recreational purposes as a
condition of development or redevelopment, or
the subdivision oflands.
WHEREAS sections 42, 51.1, 51(25) and 53 of the Planning Act, R.S.O. 1990, chapter P.l3
provide that the Council of a local municipality may by by-law require that land be conveyed to
the municipality for park or other public recreational purposes as a condition of development or
redevelopment or the subdivision of lands;
WHEREAS sections 42 and 51.1 of the Planning Act, R.S.O. 1990, chapter P.l3, provide for an
alternate parkland rate of one hectare for each 300 dwelling units proposed for development
provided the municipality has an official plan that contains specific policies dealing with the
provision of lands for park or other public recreational purposes at such a rate;
WHEREAS the Official Plan of the Town of Pickering contains specific policies dealing with the
provision of lands for park or other public recreation purposes at the conveyance rates referred to
in the Planning Act;
WHEREAS the Council of The Corporation of the Town of Pickering wishes to use these
provisions to further the acquisition of lands for parks or other public recreational purposes.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. F or the purposes of interpretation of this by-law, the following definitions shall apply:
(a) "Development" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of substantially increasing the size or
usability thereof; and
(b) "Redevelopment" has the same meaning as Development.
(c) "Subdivision" means the process referred to in section 50 of the Planning Act,
R.S.O. 1990, chapter P.B.
2. This By-law shall apply to the whole of the Town ofPickering.
3. As a condition of development or redevelopment of lands for any purpose other than
commercial or industrial purposes, Council shall require that land be conveyed to the
Town, free and clear of all liens and encumbrances, for park or other public recreational
purposes in the amount offive percent (5%) of the land proposed for such development.
4. As a condition of subdivision of lands for any purpose other than commercial or
industrial purposes, Council shall require that land be conveyed to the Town, free and
clear of all liens and encumbrances, for park or other public recreational purposes in the
amount of five percent (5%) of the land proposed for such development.
5. As an alternative to sections 3 and 4 above, as a condition of development or
redevelopment or in the case of subdivision of land as a condition of approval of
6
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sudivision of lands for development in the High Density Residential Areas and Mixed
Use Areas in accordance with the Town of Pickering Official Plan, Council may require
that land be conveyed to the Town for park or other public recreational purposes at a rate
of one hectare for each 300 dwelling units proposed. However, in no case shall the
parkland dedication be less than that required in sections 3 and 4 above.
6. As an alternative to sections 3, 4 and 5 above, Council may require the payment of money
equal to the value of any land otherwise to be conveyed under this by-law, or such
combination of land and money as Council may require.
7. This By-law shall at all times be subject to the provisions of sections 42, 51.1, 51 (25) and
53 of the Planning Act, R.S.O. 1990, chapter P.l3, as amended from time to time, or any
successor thereto.
8. By-Law No. 4152/93 of The Corporation of the Town of Pickering being a by-law "To
require that land be conveyed to the Town for park or other public recreations purposes as
a condition of development or redevelopment anywhere in the Town", is hereby repealed.
BY-LAW read a first, second and third time and finally passed this; 8th day of Septe1Per, 1998.
wayn'7'Ma~
Bruce Taylor, Clerk
TOWNCF
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)Conservifuon
for The Living City
July3,2007 RECEIVED
7
CFN 38686.01
XREF CFN 39234
VIA E.MAIL AND MAIL
JUl 1 0 2007
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
Tyler Barnett
Planning and Development Department
City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, ON ,L 1V 6K7
Re: Site Plan Application No. 502/07 .
1215 -1235 Bayly Street (San Francisco by the Bay, Bay Ridges Piaza)
City of Pickering
S. R. & R. Bay Ridges Limited
Dear Mr. Barnett:
Thank you for the opportunity to review the second Site Plan application submission. We have
reviewed the fol/owing documents:
. Drawing Nos. SP-01 to SP-04, prepared by Kirkor Architects, dated Apri/4, 2007, Revision
No.3, revised April 9, 2007, receivedon May 8,2007;
. SWM Report, prepared by Sernas, dated May 8, 2001, received May 14, 2007;
. Drawing No. GEO-1, Pine Creek Bank Stabilization and outfall Channel Design, prepared by
Sernas, dated May 2001;
. Drawing No. SD-1, Site Drainage Area Plan, prepared by Sernas, dated October 2006;
. Drawing No. SG-1, Site Grading Plan. prepared by Sernas, dated October 2006;
. Drawing No. SS-1, Site Servicing Plan, prepared by Sernas, dated October 2006;
. Drawing No. ERS-1, Erosion/Sediment Control Plan, prepared by Sernas, dated October
2006; and .
. . Drawing Nos. L-1 to L-l, prepared by James McWilliam Land~cape Architect, dated March
2001, Revision 3, revised April 5, 2007, receiv~d on May 8,2007.
We offei the fo!lo't:ing comments. .
Slope Stability
1. Theproposed outfall and limits of development are satisfactory with respect to slope stability.
Stormwater Ma.nagemimt
2. Please provide confirmation whether the proposed future development was taken into account
for total imperviousness calculation qnd Visual Otthymo calculation for total contribution from
Catchment 116. Please provide a summary of the total area and percent imperviousness of
the existing, proposed and future development. Please. provide an electronic copy of the .
modified V02 model. Review of all details r~garding minor system flow, flow capacity and
conveyance of on site flows through minor systems, and major overland flow conveyance is'
deferred to City staff. . Confirmation should be provided via a copy of City comments that City
staff has no concerns in this regard.
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Member of Conservation Ontario
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July 3. 2007
3. Figure SD-1 shows that major overland flow is directed towards the valley wall on the east
side of the property. Please be advised that TRCA policy does not support discharge of
unattenuated concentrated major flow into the valley as shown in Drawing No. SG-1.
Acceptable alternatives to the current proposal would include grading of the southeast corner
of the site to provide temporary attenuation offlow and dispersal of flow into the valley wall
through a level spreader or curb acting as a weir, or conveyance of major system flows via a
pipe to an outfall located at the bottom of the valley wall.
4. Please describe the implications of site construction phasing on the function of the temporary
pond and stormwater flow patterns on site, and confirm that the function of the pond will be
maintained through all phases. . .
5. Please provide appropriate proposed contours of the pond and volume calculation on Drawing
No. ERS-1.
6. The outlet of the pond is very close to the inlet of proposed temporary swale for proposed
ponds on the east and west side, as shown on Drawing No. ERS-1. This will reduce retention
time and then3fore affect the performance of the pond to effectively settle sediment. Please
change the location of the inl~t of the temporary swale or orient the temporary pond so that
there is sufficient travel time provided to the outlet of the pond.
7. Please note that the TRCA Erosion and Sediment Control Guideline require a minimum 48
hour drawdown time with minimum 75 mm orifice. Please provide calculation of the
drawdown time. Further, an emergency spillway must be provided to safely pass the 100 year
storm event and supporting calculations must be provided. Please provide a note on the plan
stating sediment basin must be constructed prior to any construction activities except for
topsoil stripping and grading operations associated with the construction of the ESC pond. All
details and calculations regarding to the pond should confirm.to the TRCA Erosion and
Sediment Control Guideline for Urban Construction, December 2006. The Guideline can be
downloaded from www.sustainabletechnolooies.ca.
8. Please provide appropriate drawings to demonstrate erosion and sediment control measures
that will be provided during construction of the temporary pond, site stripping and grading.
outlet structures, stormwater pipes, sanitary sewer and manhole. Appropriate notes on
construction staging, phasing, maintenance and good site practice should be provided.
Additionally, erosion control and site stabilization will be required during and after construction
of the 250 mm sanitary sewer in the valley. .
9. Please provide some spot elevations for the swafe on Drawing No. ESC-1, and provide.
rational for temporary interceptor swale sizing calculation. It is preferred the swale conveys
the "first flush" with majority of the sediment laden water directed to the temporary sediment
control pond. A preliminary hydrologic calculation (rational method or V02) for an estimate of
flows from a 15-25 mm storm event to confirm the flow that can.be conveyed through the
temporary. interceptor channel.
10. Please provide the location of topsoil stockpile on Drawing No. ERS-1 or a separate drawing
and provide heavy duty sediment fence at the perimeter of topsoil stockpile. Please provide
details of the seeding or other stabilization measure for the topsoil stock pile.
11. The proposed outfall should join the watercourse at a flat angle and avoid the outside bend if
possible. Pleas~ look into opportunities to orient the outfall, if possible, so that the outfall is
F:IHOMEIPUBLlCIOEVELOPMENT SERVICESIOURHAM REGIONIPICKERING\1215 - 1235 BA YL Y _ 4.00C
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Tyler Barnett
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Julv 3. 2007
9
south of the proposed location and intercepts the watercourse at a flatter angle. Please
provide velocity calculations of all proposed erosion control treatment types. Please provide a
note on Drawing No. GEO-1 to avoid disturbance to the low flow channel of the watercourse.
Further, please indicate sediment control fence around the perimeter of the proposed
cascade pool and modify "construction phasing" on Drawing No. GEO-1. .
12. Page 2 of the Stormwater Management Report states the infiltration trench will be able to
handle all runoff to the 25 year design storm event and refers to an attached spreadsheet.
Please forward this spreadsheet to TRCA staff Shahzad Khan bye-mail atskhan@trca.on.ca.
The approximate 25 year storm runoff frOm a 600 sq. m roof is 22 cU.m where as the volume
of the infiltration tre~ch is 14 cu m. It would appear that for a 25 year runoff capture the size of
the infiltration trench should be larger; please explain this discrepancy. Further, please
confirm whether roof flow control device will be provided for the building in front of Street G.
13. Further to the previous comment, it would appear that the infiltration facility could capture a
greater total volume of rainfall if it received drainage from other parts of the site. For
example, if the trench volume provided could capture runoff from up to the 25 mm storm over
the entire site instead of the 25 year storm -runoff from a small portion, a much greater
proportion of the total annual runoff from the site could be managed in this facility.
14. Please provide appropriate drawings and details to describe the configuration of the infiltration
facility, including a typical cross-section. -
. 15. It is not typical for an infiltration basin design to allow excess flows to surcharge to the ground
through a catch basin and discharge overland. Typically, the overflow system is directly
connected to the storm sewer if feasible; we recommend investigation of this alternative as
most proponents have found this to be an improved design. Further the catch basin
connected to the infiltration basin will allow runoff from the paved area to enter the basin
which, if not the intent of the design, will decrease the lifespan and the performance of the
facility due to poor water quality.
16. The City of Pickering has identified, in its ongoing Frenchman's Bay Stormwater Management
Master Plan, that Pine Creek and Frenchman's Bay are highly degraded and will require
dramatic water quality improvements to restore their ecological function. While the proponent
should be recognized for providing an innovative infiltration facility as a component of their
stormwater management strategy, this treats only a small portion of the site and additional
measures should be provided to maximize erosion control and water quality treatment. While
we note that oil/grit separators have been provided, it is our opinion that these typically do not
achieve Level 1 water quality control in real-world conditions, which is supported by recent
research and the evolving position of other municipalities such as the City of Toronto Qn OGS
use. Please revise the stormwatermanagement strategy to include other measures in
addition to OGS that will provide an additional degree of erosion control and waterquality
treatment. Potential measures include parking lot bioswales and enh.anced drainage swales
plus enhanced capture from the proposed infiltration facility, although there are many other
measures that could be applied.
Landscape Plans
17. A Ravine Stewardship Plan should be prepared for the valley slopes. The plan .should be
prepared by a qualified Ecologist or Forestry specialist and include a plan and costing for
staged removal of invasive species and replacement with native species over an appropriate
time period. We recommend that the City hold a Letter of Credit for this work. .
F:\HOME\PUBLlCIDEVELOPMENT SERVICES\DURHAM REGION\PICKERING\ 1215 - 1235 SA YL Y _ 4.DOC
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July 3. 2007
18. Please replace sod in the majority of the 10 metre buffer with a native seed mix. A small strip
of sod along the edge of the visitor parking area may be appropriate. We may have some
minor adjustments to the species list and will respond shortly. We apologize for the delay.
Conveyance of Valley Lands
19. The valley lands including the buffer should be conveyed to public ownership. This
requirement may be included in the Site Plan Agreement.
Sewer Connection
20. We are currently reviewing preliminary design for the proposed sanitary sewer crossing of the
Pine Creek south of Radom Street, west of Douglas Avenue in Douglas Park. We
understand this sewer connection is required to service the San Francisco by the Bay
development.
The existing sewer crossing, to be replaced, is located within an earthen embankment as it
crosses the creek. The embankment itself is located on top of five corrugated steel pipe
culverts. The culverts convey the Pine Creek and are perched at the downstream end. A
pedestrian trail is located on the top of the embankment which connects Douglas Park to the
townhouse complex at Radom Street. As currently proposed in the preliminary drawings, the
new sewer line is to be constructed within the embankment, leaving the five culverts in place.
Based upon our observations during a site visit on March 16, 2007, we note that the present
preliminary proposal for the crossing (with the five culverts and embankment) has several
significant ecological drawbacks:
a. Hydraulics. Based upon our review of the profile of the Regional Storm Floodplain at
this location, it is evident that there is a significant backwater behind the crossing due
to the high embankment of this crossing as well as the Radom Street crossing. A
more open crossing at this location could help to reduce the larger problem of the
Pine Creek Floodplain upstream north of Highway 401.
b. Fish Passage. The perched culverts are a barrier to fish passage and prevent any
movement of fish upstream of this location.
c. Erosion. The location of the culverts is causing significant undercutting of the
embankment and erosion of the downstream banks of the Pine Creek. The culverts
have created a large plunge pool downstream and have constrained the natural
meander of the watercourse, preventing it from continuing to form naturally.
d. Wildlife Passage. The culverts and embankment may impair wildlife passage along
the Pine Creek valleylands. .
e. Maintenance/Replacement. It appears that the upstream end of the culverts regularly
becomes blocked with detritus flowing down the creek. A larger opening may reduce
this. The CSP culverts will eventually require repair or replacement. In addition, the
new sewer infrastructure ma"y be at risk from storm events. Therefore, it may be
advantageous to avoid a future need to repair or replace the culverts with an improved
design now.
The proposed sanitary sewer improvements continue to utilize the present culvert/
embankment configuration of the crossing and do not resolve the issues identified above.
New sewer infrastructure at this location using the present configuration precludes any
improvement to the present situation in the near-term. Given this, we strongly encourage an
alternate design be considered which would not utilize the culvert/embankment configuration
F:\HOME\PUBLlC\DEVELOPMENT SERVICES\DURHAM REGION\PICKERING\ 1215 - 1235 BA YL Y _ 4.DOC
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ATTACHMEN11,f; TO
REPORlI, PO -.. ~ r c '7
Tyler Barnett
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Julv 3. 2007
/ 1
but would allow for improvements to the watercourse and valleylands. For example, it may be
possible to provide for a siphon underneath the creek or a new, wider, open-footed culvert.
TRCA staff is more than willing to discuss this matter further with the Region, City and
proponent in order to arrive at a satisfactory solution. '
TRCA Permit Requirements
21. The applicant has applied for an Ontario Regulation 166/06 permit for the development and
new outfall. Upon final Site Plan approval, the applicant should submit three sets of the
following drawings, revised as necessary. to TRCA: Drawing Nos. L-1, L-4 and L-7; Drawing
Nos. GEO-1; ERS-1, SS-1, and SG-1. In addition, a permit application will be required for the
sewer crossing downstream.
Recommendation
In light of the above, we have no objection to th~ approval of the Site Plan application subject to the
owner addressing Comment Nos. 2 to 16, above, to TRCA satisfaction, and the Owner agreeing in
the Site Plan Agreement to the following: '
1. Owner to gratuitously convey the valleylands and buffer to the City of Pickering.
2. Owner to prepare and implement a Ravine Stewardship Plan for the valley slopes, to TRCA
satisfaction. The Plan shall be prepared by a qualified Ecologist or Forestry specialist and
include a plan and costing for staged removal of invasive species and replacement with native
species over an appropriate time period.
3., Owner shall provide a Letter of Credit to the City of Pickering for 100% of the cost of the
Ravine Stewardship Plan. ,
4. Owner shall revise the Landscaping Plans to TRCA satisfaction.
5. Owner shall apply for and receive a TRCA permit under Ontario Regulation 166/06.
We request that the applicant respond in a cover letter addressing each comment above by number.
We trust this is satisfactory. PJ~ase feel free to contact me if you have any further questions.
Sincerely,
I(~ -r---
Steven H. Heuchert, MCIP, RPP, MRTPI
Manager, Development Planning and Regulation
Planning and Development
Extension 5311
cc: Steven M. Warsh, Partner, S & R Developm'ent Group Limited (bye-mail)
Stephen I. Fagyas, Commercial Focus Advisory Services Inc. (bye-mail)
Bob Starr, City of Pickering (bye-mail)
Peter Castellan, Region of Durham (bye-mail)
F:\HOME\PUSLlC\DEVELOPMENT SERVICES\DURHAM REGIONIPICKERING\ 1215 - 1235 SA YL Y _ 4,DOC
Cit'l (1~
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
2
Report Number: PD 39-08
Date: October 6,2008
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 11/07
Dalar Properties Limited.
1050 Squires Beach Road
(Part of Lot 32 & Part of Block C, Plan M 1040)
City of Pickering
Recommendation:
That Zoning By-law Amendment Application A 11/07 submitted by Dalar Properties Limited,
on lands being Part of Lot 32 & Part of Block C, Plan M 1040, City of Pickering, to amend
the zoning of the subject property to add commercial recreational uses including a
gymnastics facility, a dance studio, karate club and a soccer club, in addition to the
currently permitted industrial uses be refused.
Executive Summary: The applicant proposes to rezone the subject property,
located on the northwest corner of Squires Beach Road and McKay Road to permit the
establishment of commercial recreational uses, including a gymnastics facility, a dance
studio, karate club and a soccer club, in addition to the currently permitted industrial
uses (yard storage and heavy manufacturing). The applicant proposes to utilize the
existing building, subject to site and building alterations/conversions to accommodate
the requested commercial recreational uses.
The Region is delegated review responsibility for compliance with Provincial Policy
(matters of provincial interest applicable to the application) and has advised that the
applicant's proposal does not comply with the Ministry of the Environment (MaE)
Guideline D-2-Compatibility Between Sewage Treatment and Sensitive Land Uses
recommended separation distance for residential or other sensitive land uses adjacent
to sewage treatment facilities. The Region does not support the proposed commercial
recreational uses at 1050 Squires Beach Road as this property is located within the
recommended separation distance of the MOE Guideline D-2.
In view of the Region's position on this matter, the proposed land use change is
considered inappropriate for this location and it is recommended that the application be
refused.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
Report PO 39-08
October 6,2008
Subject: Dalar Properties Limited (A 11/07)
Page 2
i ~)
Sustainability Implications: The applicant's proposal is aligned with the principle of
adaptive reuse of buildings and utilization of existing buildings for additional purposes.
Re-use of the site also takes advantage of existing infrastructure and retains an existing
business within the City.
However, as the proposed use is considered a sensitive land use under the MOE
Guidelines and is within 150 metres of the Duffin Creek Water Pollution Control Plant
(WPCP), approval of the requested rezoning would not contribute to a healthy
environment or represent responsible development.
Background:
1.0 Introduction
The owner of the property, Dalar Properties Limited proposes to develop the
subject lands, located on the northwest corner of Squires Beach Road and
McKay Road, to permit the establishment of commercial recreational uses,
including a gymnastics facility, a dance studio, karate club and a soccer club, in
addition to the currently permitted industrial uses (yard storage and heavy
manufacturing, (see Location Map Attachment #1).
The property currently supports an industrial building. The applicant proposes to
utilize the existing building, subject to site and building alterations/conversions to
accommodate the requested commercial recreational uses (see Applicant's
Submitted Plan, Attachment #2)
2.0 Comments Received
2.1 At the January 7, 2008 Public Information Meeting
No public comments were received at the Public Information Meeting (see text of
Information Report and Meeting Minutes, Attachments #4 & #5).
Report PO 39-08
October 6,2008
Subject: Dalar Properties Limited (A 11/07)
4
Page 3
2.2 Agency Comments
Region of Durham
a Phase II Environmental Site Assessment (ESA)
was undertaken as a means of addressing the
subsurface and ground water conditions on the
site for environmental impact associated with a
previous manufacturing facility;
- the Phase II ESA indicates that the potential for
significant contamination is considered low;
- the ESA recommends environmental
management be undertaken for the removal of a
spill containment UST (Underground Storage
Tank) and a hydraulic lift as well as the removal
of all remaining drums of chemicals on the site;
- a reliance letter and record of site condition is
required;
municipal water supply and sanitary sewer
services are available to the subject property
(see Attachment #6);
- the proposed recreational uses are within the
recommended separation distance requirements
of the MOE Guideline D-2-Compatibiltiy Between
Sewage Treatment and Sensitive Land Uses;
- the Region does not support the proposed uses
at 1050 Squires Beach Road (see Attachment #7);
3.0 Discussion
3.1 The proposed recreational use does not comply with the MOE Guideline
D-2-Compatibiltiy between Sewage Treatment and Sensitive Land Uses
The existing zoning for the subject property permits yard storage and heavy
manufacturing uses. The applicant intends to convert the existing building to
accommodate a gymnastics facility, a dance studio, karate club and a soccer
club, in addition to the currently permitted industrial uses.
The Region is delegated review responsibility to indentify matters of provincial
interest.
Report PD 39-08
October 6,2008
Subject: Dalar Properties Limited (A 11/07)
Page 4
)
The subject property is situated within the recommended separation distance of
the MOE Guideline D-2 pertaining to Sewage Treatment and Sensitive Land
Uses.
The proposed uses are considered to be a sensitive receptor due to the public
congregation nature of a gymnastics facility. Consequently such uses should not
be permitted to locate within 150 metres of the Water Pollution Control Plant (see
Attachment #3)
The proposed uses may be sensitive to objectionable noise and/or odours from
the WPCP, and it is not appropriate to locate these new land uses within this
area. Further, if complaints occurred from the users of the recreational facility
the MOE may find the WPCP to be out of compliance with the Environmental
Protection Act. The change in zoning to add the requested uses increases the
potential for future problems for both the recreational users and for the WPCP.
The Region has advised that it does not support the application due to the
property's location adjacent to the WPCP and has also requested that the City
consider an Official Plan Policy to address land uses in this area of the City. This
request will be considered through the City's review of its Official Plan.
3.2 Site Alterations would be required to accommodate the use if it was
permitted
If the property was not located within the MOE 150 meter radius of the WPCP
and complied with the MOE Guideline, several site function issues would need to
be addressed to accommodate the proposed recreational uses.
The site would need to be redesigned to separate recreational use traffic from
manufacturing/industrial traffic. Several site plan revisions would be required to
address safety and site functioning issues including lighting, parking location and
number of spaces, on site traffic, fencing, improved front yard landscaping,
grading and stormwater management and building alterations. Despite requests
to the owner for conceptual site designs to address the functioning of the site, to
date, staff have not received any drawings for review.
3.3 An Order To Comply has been issued for the building construction and
change of use
The building on the subject site was converted to a gymnastics facility without
City approvals. On January 23, 2008 an Order to Comply, for construction and
change of use of a building without a permit, was issued by the City. Since the
Order has not been complied with, the City is pursuing legal action.
Report PD 39-08
October 6, 2008
Subject: Dalar Properties Limited (A 11/07)
, I, I ,1 6
Page 5
4.0 Applicant's Comments
The applicant is aware of the contents of this report.
Attachments:
1 . Location Map
2, Applicant's Conceptual Site Plan
3, 150 m Radius Map / WPCP
4. Text of Information Report No, 02-08
5. Minutes from January 7,2008 Statutory Public Information Meeting
6. Agency Comment - Region of Durham Planning Department - Jan. 8/08
7. Agency Comment - Region of Durham Planning Department - Feb. 20/08
Prepared By:
Approved/Endorsed By:
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Lynda Tayl r, MCIP, RPP
Manager, Development eview
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Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City ~~ncil
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PROPERTY DESCRIPTION PLAN Ml040, PT LOT 32,PT BLK C RP 40R.l0559 PART 5,6 l'
OWNER DALAR PROPERTIES LTD. DATE NOV. 30, 2007 DRAWN BY JB
FILE No. A 011/07 SCALE 1 :5000 CHECKED BY RC
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2005 MPAC and its supplIers. All rights Regerved. Not 0 pion of Survey.
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INFORMATION COMPILED FROM APPLICANTS
SUBMITTED PLAN
A 011/07 - DALAR PROPERTIES LTD.
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TO AMEND THE ZONING TO ADD
COMMERCIAL RECREATIONAL
USES, INCLUDING A
GYMANSTICS FACILITY, A
DANCE STUDIO, A KARATE
CLUB, AND A SOCCER CLUB AS
PERMITTED USES,
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THiS M^P W^S PRODUCED BY THE CITY OF PICI(ERING PL^NNING &
DEVELOPMENT DEPARTMENT, PLANNING INFor1MATION SERViCES
DIVISION M^PPING ,\ND DESIGN, SEPT. 17,2007.
M",PH!1RSON COURT
Water Pollution Control Plant
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DATE: FEB. 8. 2008
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INFORMATION REPORT NO. 02-08
FOR PUBLIC INFORMATION MEETING OF
January 7, 2008
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zoning Amendment Application A 11/07
Dalar Properties Limited
1050 Squires Beach Road
Part of Lot 32 & Part of Block C, Plan M-1040
(Part 5 & 6, 40R-10559)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the subject property is located on the northwest corner of Squires Beach
Road and McKay Road (see Attachment #1 - Location Map);
a one-storey industrial warehouse building currently exists on the property;
the property is surrounded by a mix of warehousing, trucking and
manufacturing uses to the north, south, east and west.
2.0 APPLICANT'S PROPOSAL
the applicant has requested to amend the existing zoning to permit the
establishment of commercial recreational uses on the subject property
including a gymnastics facility, dance studio, karate club and soccer club;
- the proposal would utilize the existing building, subject to minor alterations /
conversions to accommodate the requested uses;
- the applicant's submitted plan is provided for reference (see Attachment #2).
Information Report No. 02-08
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Page 2
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3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Re~ional Official Plan
designates the subject lands as Urban Area - Employment Area;
establishes that designated Employment Areas shall be used for
manufacturing, assembly and processing of goods, service industries,
research and development facilities, warehousing, business parks;
the subject application will be assessed against the policies and the
provisions of the Durham Region Official Plan during the further processing of
the application;
3.2 Pickerin~ Official Plan
designates the subject lands as Employment Area - General Employment
within the Brock Industrial Neighbourhood;
permits manufacturing, assembly, research and development, warehousing,
storage of goods and materials, offices as a minor component to an industrial
operation, limited personal service uses serving the area, retail sales as a
minor component to an industrial operation (i.e. sales outlets);
also permits community, cultural and recreational uses with similar
performance characteristics that are more appropriately located within the
Employment Area;
3.3 Compendium Document to the Official Plan
there are no current development guidelines specific to the Brock Industrial
Neighbourhood;
3.4 Zonin~ By-law
the subject lands are zoned "M2S" Yard Storage and Manufacturing Zone by
By-law 2511, as amended by By-laws 61/74 and 4824/86;
a zoning by-law amendment is required to implement the applicant's
proposed uses on the property;
the applicant has requested that the permitted uses for the subject property
be expanded to include commercial recreational uses such as a gymnastics
facility, dance studio, karate club and soccer club.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
no objections or concerns received to date;
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Information Report No. 02-08
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Page 3
4.2 Agency Comments
Toronto and Region
Conservation Authority
no objections (see Attachment #3);
4.3 Staff Comments
in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
· reviewing the application in terms of its level of sustainable development
components;
· reviewing the proposed development in terms of compatibility with, and
sensitivity to, surrounding lands;
· reviewing the adequacy and location of on-site parking to support
commercial recreational uses on the property
· reviewing the driveway/internal road pattern to ensure appropriate vehicle
flow;
· reviewing the proposal to ensure that adequate information is provided,
that technical requirements are met and that the proposed site design is
appropriate and pedestrian friendly for the requested additional uses;
the Planning & Development Department will conclude its position on the
application and its design after it has received and assessed comments from
the circulated departments, agencies and public.
5.0 PROCEDURAL INFORMA liON
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 Councilor a Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
Information Report No. 02-08
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Page 4
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6.0 OTHER INFORMATION
6.1 Appendix No. I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the applications at the time of writing
report;
6.2 Information Received
- full scale copies of the Applicant's submitted plan are available for viewing at
the offices of the City of Pickering Planning & Development Department;
- the City of Pickering Planning & Development Department received a
Phase 2 Environmental Site Assessment with the Zoning Amendment
Application;
- the need for additional information will be determined through the review and
circulation of the applicant's current proposal.
6.3 Company Principal
- the owner of the subject property is Dalar Properties Limited.;
- the applicant and company principal is Dennis Large.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Rick Cefaratti
Planner II
Lynda Taylor, MCIP, RPP
Manager, Development Review
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Attachments
Copy: Director, Planning & Development
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APPENDIX NO. I TO
INFORMATION REPORT NO. 02-08
COMMENTING RESIDENTS AND LANDOWNERS
(1 ) none received
COMMENTING AGENCIES
(1) Toronto and Region Conservation Authority, December 7, 2007
COMMENTING CITY DEPARTMENTS
(1 ) none received
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() '8 Excerpts from
Planning & Development Committee
Meeting Minutes .', 5
Monday, January 7, 2008
7:30 pm - Council Chambers
Chair: Councillor Pickles
(II) PART 'A' - PLANNING INFORMATION MEETING
2. Information Report No. 02-08
Zoning By-law Amendment Application A 11/07
Dalar Properties Limited
1050 Squires Beach Road
Part of Lot 32 & Part of Block C, Plan M-1040
(Part 5 & 6, 40R-1 0559)
City of Pickerinq
A public information meeting was held under the Planning Act, for the purpose of
informing the public with respect to an application submitted by Dalar
Properties Limited for property municipally known as 1050 Squires Beach Road.
Lynda Taylor, Manager, Development Review gave an outline of the
requirements for a Statutory Meeting under the Planning Act. She also
noted that if a person or public body does not make oral or written
submissions to the City before a by-law is passed, that person or public body
are not entitled to appeal the decision of City Council to the Ontario Municipal
Board, and may not be entitled to be added as a party to the hearing unless, in
the opinion of the Board, there are reasonable grounds to do so.
Rick Cefaratti,' Planner II, gave an overview of zoning amendment application A
11/07.
No members of the public in attendance at the public information meeting
spoke in support or opposition to application A 11/07.
2
The Regional
Municipality
of Durham
Planning Department
605 ROSSLAND ROAD E
4'H FLOOR
PO BOX 623
WHITBY, ON L1N 6A3
'Cl05) 668-7711
JX: (905) 666-6208
E-mail: planning@
region.durham .on ca
www.regiondurham.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
"Service Excellence
for our Communities"
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January 8, 2008
Rick Cefaratti, Planner II
Planning and Development Department
City of Pickering
One The Esplanade
Pickering, Ontario
L 1V 6K7
Sent. via email to:
reefaratti@eitV.pickerinq.on.ea
Mr. Cefaratti:
Re: Zoning Amendment Application A11/07
Applicant: Dalar Properties Limited
Location: 1050 Squires Beach Road
Municipality: City of Pickering
We have reviewed this application to amend the zoning on the above
noted property. The following comments are offered for your
consideration.
The purpose of the application is to permit commercial recreational uses
on the subject property including a gymnastics facility, dance studio,
karate club and soccer club.
Reqional Official Plan
The lands subject to this application are designated "Employment Area"
in the Durham Regional Official Plan. The examples of permitted uses in
the Employment Area policies of the Regional Official Plan illustrate the
range of activities permitted. Specific uses, such as those proposed, may
be defined in the area municipal zoning by-law.
Provincial Policies & Deleqated Review Responsibilities
This application has been screened in accordance with the terms of the
provincial plan review responsibilities. A Phase II Environmental Site
Assessment (ESA), prepared by AMEC Limited, was undertaken as a
means of addressing the subsurface and ground water conditions on the
subject property for environmental impact associated with a previous
manufacturing facility. The Phase II ESA indicates that the potential for
significant contamination on the subject lands is considered low. The
report recommends environmental management be undertaken for the
removal of a spill containment UST and hydraulic lift as well as the
removal of all remaining drums of chemicals on site. An agreement
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between the applicant and the City of Pickering should contain the
necessary provisions to ensure the implementation of the
recommendations in the report.
As per Regional policy, a reliance letter and a Record of Site Condition
prepared and submitted in accordance with Ontario Regulation 153/04
should be submitted for all development applications that have
undergone a Phase II ESA. A holding symbol is encouraged to be used
in conjunction with the required zone category and not removed until such
time as the Region's requirements including; the submission of a reliance
agreement letter and a Record of Site Condition has been completed to
the satisfaction of the Region.
Reqional Services
Municipal water supply and sanitary sewer services are available to the
subject property.
Please contact me should you have any questions or require any
additional information regarding this matter.
a~W\~hNl
Dwayne Campbell, Project Planner
Current Planning
Copy (via email): Regional Works Department - Pete Castellan
The Regional
Municipality
of Durham
Planning Department
605 ROSSLAND ROAD E
4"' FLOOR
PO BOX 623
WHITBY,ON L1N6A3
'(05) 668-7711
JX: (905) 666-6208
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"
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February 20, 2008
Rick Cefaratti, Planner II
Planning and Development Department
City of Pickering
One The Esplanade
Pickering, Ontario
L 1 V 6 K7
Sent via email to:
rcefaratti@citV.pickerinq.on.ca
Mr. Cefaratti:
Re: Zoning Amendment Application A09/07 and A 11/07
Location: 1050 and1100 Squires Beach Road
Municipality: City of Pickering
Further to our comments of January 8, 2008 for the two above-noted
zoning amendment applications, the Regional Works Department has
provided additional comments as the subject properties are within the
vicinity of the Duffin Creek Water Pollution Control Plant (WPCP).
The Works Department has indicated that the Ministry of the Environment
(MaE) Guideline 0-2 - Compatibilitv Between Sewaqe Treatment and
Sensitive Land Uses provides recommended separation distances for all
development or redevelopment applications for residential or other
sensitive land uses adjacent to sewage treatment facilities. The
proposed commercial recreational uses at 1050 Squires Beach Road are
within the recommended separation distance requirements of MaE
Guideline 0-2. The guideline also advises that a separation distance of
greater than 150 metres may be required on an individual basis. The
proposed commercial recreational uses at 1100 Squires Beach Road are
outside of the recommended separation distance but are within the
vicinity of the Duffin Creek WPCP approaching the recommended
separation distance.
As the proposed commercial recreational usesare within or approaching
the recommended separation distance of MaE Guideline 0-2, the Region
does not support the proposed commercial recreational uses at 1050 and
1100 Squires Beach Road. The proposed industrial and office uses may
be permitted.
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Please contact me should you have any questions or require any
additional information regarding this matter.
a~W\~MVl
Dwayne Campbell, Project Planner
Current Planning
Copy (via email): Rich Tindall - Regional Works Department
Pete Castellan - Regional Planning Department
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REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 40-08
Date: October 6,2008
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 31/05
1291821 Ontario Limited
1070 Toy Avenue
(South Part of Lot 18, Concession 1
Parts 1 - 5, 40R-19641 and Parts 1 - 3, 40R-22986)
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 31/05 submitted by 1291821 Ontario
Limited to amend the zoning of the subject property to permit outdoor storage,
truck parking, loading facilities and railway trackage in any yard in association
with the existing permitted liquid waste management facility on lands situated on
the South Part of Lot 18, Concession 1 (Parts 1 - 5, 40R-19641 and Parts 1 - 3,
40R-22296) be approved; and
2. Further, that the amending zoning by-law to implement Zoning By-law
Amendment Application A 31/05 as set out in Appendix I to Report PD 40-08 be
forwarded to City Council for enactment.
Executive Summary: Direct Line Environmental Services Inc. currently operates
from both the subject property, 1070 Toy Avenue, and the abutting property to the
south, 1060 Toy Avenue, (number companies 1291821 and 2042530 Ontario Inc.
respectively). The subject property currently supports one industrial building, and the
southerly abutting property supports an office building. The combined properties
operate as one cohesive development.
Direct Line acquired surplus land from the Canadian National Railway and desires to
expand their operation into these additional lands for outdoor storage, truck parking,
and loading facilities, while also permitting truck parking and storage in the front yard of
1070 Toy Avenue.
Report PD 40-08
October 6, 2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 2
,j 1
The subject property is dual zoned (M1 & MC-6), therefore an amendment is required to
rezone the property to one zone (MC-6) to permit outdoor storage, truck parking,
loading facilities and railway trackage in any yard in association with the existing liquid
waste management facility (see Location Map and Applicant's Submitted Plan,
Attachment #1 and #2). The existing light manufacturing plant is a permitted use within
both the M1 & MC-6 zones.
The Ministry of the Environment (M.O.E.) issued an Amended Provisional Certificate of
Approval for both 1060 and 1070 Toy Avenue in December 2005. The Certificate
allows the north end of 1070 Toy Avenue to be used for the storage of empty containers
and waste management equipment provided the site is in accordance with all local
Municipal zoning requirements and by-laws. The Certificate also allowed an increase in
the total amount of liquid industrial waste to be stored on-site from 931,150 litres to
2,312,500 litres.
The application has been with the City since 2005. The owner has been working with
City staff and the Toronto and Region Conservation Authority (TRCA) over this time
period to address TRCA environmental concerns. TRCA recently reached a wetlands
compensation agreement with the owner and consequently has no objection to the
zoning amendment moving forward.
Approval of this application will establish a zoning for the subject property which will
permit outdoor storage, truck parking, loading facilities and railway trackage in any yard,
in conjunction with the existing liquid waste management facility. The proposal is
compatible with the surrounding neighbourhood and conforms to the Pickering Official
Plan. The City's detailed requirements respecting development of the property will be
addressed through specific zoning provisions and conditions of Site Plan Approval.
It is recommended that this application be approved and the draft by-law be forwarded
to City Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
Sustainability Implications: The owner will be required to establish off-site
wetland units on publicly owned lands within the Duffins Creek Watershed through a
wetland compensation package agreed upon with the TRCA.
An expansion to the existing operation will allow the site to effectively handle the
processing and transfer of liquid wastes from businesses and customers across the
Province of Ontario, which will help reduce the illegal disposal of untreated waste.
Report PD 40-08
October 6,2008
Subject: 1291821 Ontario Limited (A 31/05)
) ,)
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Page 3
Background:
1.0 Comments Received
1.1 Before the Information Meeting (see Information Report, Attachment #3)
Ministry of the Environment
no objection to obtaining Certificate of
Approval, provided the storage of
containers and equipment on the former
CNR property at the north end of the site is
in accordance with all local municipal
zoning requirements and by-laws;
the total amount of liquid industrial waste
allowed to be stored on site at 1060 and
1070 Toy Avenue shall not exceed
2,312,500 litres;
Ministry of Transportation
applicant is required to obtain permits
before any proposed structure or visible
sign from Highway 401 is erected;
Region of Durham
no objections, proposed uses may be
permitted within Employment Areas;
Veridian Connections
no comments;
Pickering Fire Services
no objection, further comments will be
provided during Site Plan review process;
1.2 At the March 23, 2006 Information Meeting
none received (see Minutes, Attachment #4);
Report PO 40-08
October 6, 2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 4
~~
1.3 Following the Information Meeting
Toronto and Region
Conservation Authority
(TRCA) - April 25, 2006
a scoped Environmental Impact Statement
is required;
Toronto and Region
Conservation Authority
(TRCA) - July 24, 2008
no objections, further comments will be
provided during the Site Plan review
process;
the applicant has agreed to provide TRCA
with a financial compensation package to
be finalized at the Site Plan Agreement
stage (see Attachment #5);
Municipal Property &
Engineering (MP&E)
no objections, further comments will be
provided during the Site Plan review
process;
MP&E will discuss with the applicant, the
option of conveying a part of their property
to install a proper turning circle at the north
end of Toy Avenue in conjunction with the
proposed road construction in 2009;
any agreements will also be finalized at the
Site Plan Agreement stage.
2.0 Discussion
2.1 Company History
Direct Line Environmental Services Inc. (Direct Line) is a liquid waste
management company that has been in operation for more than forty years,
employing approximately 100 people. The company receives liquid waste
products from industrial and commercial properties throughout the Province of
Ontario. Examples of the types of liquid waste products include, but are not
limited to: waste water, hazardous and non-hazardous sludge, acid and alkaline
wastes, used anti-freeze and others liquid waste products and bi-products.
In 1998, Direct Line obtained a Ministry of Environment (M.O.E.) Certificate of
Approval (CofA) for its current operation at 1060 and 1070 Toy Avenue. Under
their existing CofA, the site is authorized to transport, receive and process waste
and has full general and environmental liability coverage insurance for treatment
and transport.
Report PD 40-08
October 6,2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 5
) 4
In 2005, Direct Line obtained an Amended Conditional M.O.E. Certificate of
Approval to allow the company to store and process additional liquid waste on
site (increase in the total amount of liquid industrial waste to be stored on-site
from 931,150 litres to 2,312,500 litres). The Certificate also granted approval for
the on-site processing of waste on a 24 hour/7 days per week basis, and
permitted the facility to receive emergency shipments of waste from spill
clean-ups outside of normal waste receipt hours. Use of the north end of
1070 Toy Avenue for the storage of empty containers and waste management
equipment is conditional upon compliance with all local Municipal zoning
requirements and by-laws. While the current operation complies with zoning, the
expanded operation requires a zoning amendment to permit outdoor storage,
truck parking, loading facilities, and railway trackage. Consequently, this
rezoning application has been submitted.
2.2 Proposed accessory uses in all yards is compatible with the existing site
operation and the surrounding area provided these areas are properly
screened and separated from the street and parking areas
The applicant requests that the zoning by-law permit open storage and truck
parking in any yard. The property is situated entirely within an established
industrial area along Toy Avenue which includes other industrial uses such as
automobile repair, manufacturing, and a waste transfer facility. The MTO yard
storage facility is located immediately west of the property. The site has
supported an industrial liquid waste management facility use since 1998. Its
existing operation, and proposed expansion area, yard storage and truck parking
uses, and utilization of the existing rail spur are in keeping with the general
character of the neighbourhood and reflect a logical extension of the existing use.
The proposed location of empty storage containers and truck parking area to the
north and west portions of the site will be properly screened from Highway 401
and set back well within the property boundaries.
CN Rail sold the subject property, including the remnant rail spur, to Direct Line.
Direct Line is exploring the option of transporting their products by rail using the
existing rail spur. The proposed zoning requirements will help assist Direct Line
to improve the organization of their site and operations and accommodate
expansion plans.
2.3 The applicant and TRCA have agreed upon a wetland compensation
package to address ecological concerns on the property
The Scoped Environmental Impact Study report submitted by the applicant to
both the City and TRCA identified the presence of a wetland on the property. The
applicant has consulted with both Plann~ng & Development and TRCA staff to
discuss appropriate mitigation measures regarding the loss of on-site wetlands.
In June 2008, the applicant and the TRCA agreed to a financial compensation
package (known as the wetland compensation project) for damages to the
Report PD 40-08
October 6,2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 6
, f--
) J
on-site wetlands, caused by any of the associated uses approved by this zoning
amendment application. According to TRCA, the wetland compensation project
would be used to establish wetland units of equal or greater ecological value on
publicly owned lands within the Duffins Creek watershed.
Planning & Development staff supports the concept of a wetland compensation
project in this. particular situation, as it is considered an environmental
enhancement. All landscaping, buffer and compensation requirements will be
addressed through the Site Plan review stage, and will be a condition of TRCA's
site plan clearance.
2.4 Toy Avenue Reconstruction Project anticipated to commence in 2009
The reconstruction of Toy Avenue is a joint project by both the City of Pickering
and Region of Durham. The project is identified by the City as a storm sewer
and road reconstruction initiative. The Region of Durham will be financially
responsible for replacing the existing watermain and signalizing the intersection
at Toy Avenue and Bayly Street.
The City of Pickering budgeted in 2008 for storm sewers and road urbanization
from Bayly Street to a point just north of Quartz Street, south of 1070 Toy Avenue.
The storm sewer is unable to extend throughout the entire length of Toy Avenue
due to: the lack of available outlets, coordination within two watersheds (Duffins
and Krosno) and conflicts with the York/Durham Sanitary Trunk Line. The north
section of Toy Avenue will maintain a rural profile with ditches and culverts (no
storm sewers). The applicant intends to discuss with the City a design which will
accommodate storm sewer connections to and from the subject property in the
future.
The City will work with Direct Line Environmental Inc. to discuss the acquisition of
additional lands from 1070 Toy Avenue, in order to create a proper turning circle
in collaboration with the proposed road work along Toy Avenue. These works
are expected to commence in early 2009. The City's requirements respecting
this matter will be addressed through the Site Plan Approval process.
2.5 Site Functioning Issues will be addressed through the Site Plan Review
Process
The Site Plan Review process will address all matters pertaining to site
functioning. The applicant is proposing open space storage and truck parking in
any yard. The proposed Site Plan as submitted by the applicant indicates the
proposed areas for open space storage and truck parking (see Applicant's
Submitted Plan, Attachment #2).
The bullet points outlined below identify many of the development matters to be
addressed through the site plan review process:
Report PO 40-08
October 6, 2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 7
,I , 6
· significant landscape buffer to screen the view of open storage containers
from Highway 401 as well as The Canadian National Railway Corridor;
· minor landscaping buffer to screen the view of open storage containers
along the south-west portion of the subject property parallel to Toy
A venue;
· separation of passenger vehicular parking from truck parking and traffic
as well as from open storage containers in all yards;
· on-site usage of the old CN Rail spur which currently exists on the site and
how it will function with the Canadian National Railway Corridor;
· height of storage containers proposed to be stacked on site;
· possible conveyance of a portion of the subject property to the City in
order to provide for a turning circle as part of the Toy Avenue
Reconstruction Project;
· finalization of a compensation package requested by TRCA to
compensate for the loss of an existing wetland complex on-site.
2.6 By-law to be forwarded to Council
The attached by-law schedule included as Appendix I to this report, implements
Staff's recommendation to approve the applicant's request. A text and schedule
amendment to the existing 'MC-6' Industrial-Commercial zoning is proposed. It is
recommended that the attached schedules be forwarded to Council for
enactment should Council approve this application.
3.0 Applicant's Comments
The owner is aware of and supports the recommendations of this Report.
Report PO 40-08
October 6,2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 8
J 7
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APPENDIX:
Appendix I: Draft Implementing Zoning By-law
Attachments:
1 . Location Map
2. Applicant's Submitted Plan
3. Information Report
4. Statutory Public Information Meeting Minutes
5. Toronto and Region Conservation Authority
Prepared By:
Approved I Endorsed By:
{1/:/
Neil Car MoP, RPP
Director, Planning & Development
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
41
t~
APPENDIX I TO
REPORT PO 40-08
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 31/05
9
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
~FT
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as
amended by By-law 2234/86, to implement the Official Plan of the City
of Pickering District Planning Area, Region of Durham, on South Part
of Lot 18, Concession 1 Parts 1 - 5, 40R-19641 and Parts 1 - 3,
40R-22986, in the City of Pickering (A 31/05).
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit outdoor storage, truck parking, loading facilities and railway trackage in any yard
in association with the existing permitted light manufacturing plant within a 'MC-6' -
Industrial Commercial Zone on South Part of Lot 18, Concession 1 Parts 1 - 5, 40R-
19641 and Parts 1 - 3, 40R-22986, in the City of Pickering;
AND WHEREAS an amendment to By-law 2511, as amended by By-law 2234/86, is
therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE "I" AMENDMENT
Schedule "I" to By-law 2511 as amended by By-law 2234/86, is hereby repealed
and replaced with Schedule "I" attached thereto.
2. TEXT AMENDMENT
Section 5.(1)(b) - Zone Requirements of By-law 2243/86 is hereby amended by
alphabetizing the following subsection after subsection 5.(1)(b)(ix):
A Outdoor storage shall be permitted in any yard except the
front yard so long as the area used for outdoor storage
purposes does not exceed 30 percent of the area of the lot
B Despite Section 5.(1 )(b)(ix)A of this by-law, outdoor storage,
railway trackage and loading facilities are permitted in the
hatched area shown on Schedule I.
Section 5.(1)(b) - Zone Requirements of By-law 2243/86 is hereby amended by
alphabetizing the following subsection after subsection 5.(1)(b)(x):
C Section 5.21.2a) of By-law 2511, shall not apply on the
hatched area shown on Schedule I of this by-law.
"1 U;]
Section 5.(1 )(b) - Zone Requirements of By-law 2243/86 is hereby amended by
alphabetizing and adding the following subsection after subsection 5.(1 )(b)(xi):
- 2 -
A Sales outlets are permitted uses only if accessory to food
preparation plants, light manufacturing plants, merchandise
service shops or warehouses, and providing the gross floor
area of the sales outlet does not exceed 20 percent of the
gross floor area of the food preparation plant, light
manufacturing plant, merchandise service shop or
warehouse
B Existing railway spurs prior to the passing of this by-law are
permitted to encroach beyond the hatched area shown on
Schedule I
C Despite Section 2.74.1 and 5.19(c) of By-law 2511,
temporary storage tank containers located in the hatched
area shall not exceed 6.0 metres in height.
3. BY-LAW 2511
By-law 2511, as amended by By-law 2234/86, is hereby further amended only to
the extent necessary to give effect to the provisions of this By-law as it applies to
the provisions of the By-law as set out in Section 1 and 2 above. Definitions and
subject matters not specifically dealt with in this By-law shall be governed by
relevant provisions of By-law 2511, as amended.
4. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the
approval of the Ontario Municipal Board, if required.
BY-LAW read a first, second, and third time and finally passed this 20th day of October,
2008.
Debi A. Wilcox, City Clerk
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PROPERTY DESCRIPTION SOUTH PART OF LOT 18, CONCESSION 1, PART 1, 40R-19641
Planning & Development Department
OWNER 1291821 ONTARIO LTD.
FILE No. A 31/05
o a oureBS:
Teranal Enterprises, I".c. and its suppliers. All rights Reserved. Not a plan of survey.
2005 MPAC and ill!! suppliers. All ri9hts Reserved. Not 0 plan of Survey.
DATE JULY 18, 2008
SCALE 1 :5000
DRAWN BY JB
CHECKED BY AY
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INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN
A 31/05 - 1291821 ONTARIO LTD.
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NOTE SITE SCREENING
REQUIREMENTS FROM 401
HIGHWAY TO BE DETERMINED
DURING THE SITE PLAN
APPROVAL PROCESS.
EX M1NfSTRY Of-
TRANSPORTATION YARD
EX. MATERIAL
STOCKPilE
TO BE REMOVED
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, JULY 18, 2008
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INFORMATION REPORT NO. 03-06
FOR PUBLIC INFORMATION MEETING OF
March 23, 2006
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zoning By-law Amendment Application A 31/05
1291821 Ontario Limited
1070 Toy Avenue
South Part of Lot 18, Concession 1
(Parts 1-5, 40R-19641 & Parts 1-3, 40R-22986)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the subject property is located at the east side of Toy Avenue (see Attachment
#1 - Location Map), and is surrounded by industrial uses;
- the subject property is bounded by the Canadian National Rail (CNR) Corridor
to the north and east and is visible from Highway 401;
- the subject property is approximately 3.3 hectares in size, including the
southern portion of 1 hectare which supports an industrial building and the
northern portion of 2.3 hectares which was recently acquired from CNR;
Direct Line Environmental Services Inc. operates a liquid waste recycling
business from the existing building on the southern portion of the site.
2.0 APPLICANT'S PROPOSAL
- the subject property is currently dual zoned (M1 and MC-6);
- the applicant proposes to amend the existing zoning on the subject property
from dual zones to one unified zone which would allow for outdoor storage,
truck parking, loading facilities and railway trackage in any yards, associated
with the existing permitted liquid waste management facility (see Attachment #2 -
Site Plan);
Information Report No. 03-06
Page 2
! 15
the applicant has applied to the Ministry of the Environment (MOE) to amend
their existing Certificate of Approval to allow for an expansion at 1060 and
1070 Toy Avenue.
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham ReQional Official Plan
the Durham Regional Official Plan identifies the subject land as being within
an 'Urban Areas - Employment Area' designation, where development is
intended for employment purposes;
the applicant's proposal appears to conform with this designation;
3.2 PickerinQ Official Plan
the subject property is designated "General Employment" within the
Brock Industrial Neighbourhood;
this designation allows for storage and truck parking as accessory uses to the
primary industrial use;
Toy Avenue is designated Local Road, such roads are to provide access to
individual properties and carry local traffic;
an easterly strip of land on the subject property abutting the CNR Corridor is
identified as "Shorelines and Stream Corridors" and "Wetlands" on the Resource
Management Schedule in the Pickering Official Plan;
the applicant's proposal conforms to the applicable Official Plan policies;
3.3 ZoninQ By-law 2511
the northern portion of the subject property is zoned M1 - Yard Storage and
Light Manufacturing Zone, under Zoning By-law 2511, as amended (see
Attachment #3 - Zoning Map);
the southern portion of the subject property is zoned MC-6 - Industrial-Commercial
Zone, under Zoning By-law 2511 , as amended by By-law 2234/86;
M1 zone currently does not permit outdoor storage;
MC-6 zone currently does not permit outdoor storage in the front yard, 100%
parking in the front yard, and any railway trackage;
an amendment to the zoning by-law is required to allow for the proposed
accessory uses such as outdoor storage, truck parking, loading facilities and
railway trackage in any yards on the subject property.
4.0 RESUL 15 OF CIRCULA liON
4.1 Resident Comments
no resident comments have been received to date;
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Information Report No. 03-06
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Page 3
4.2 Agency Comments
Ministry of Transportation requires the applicant to obtain permits before any
structure or visible sign from Highway 401 may be erected (see Attachment # 4);
4.3 Staff Comments
Pickering Fire Services has no objection to this application and will provide
further comments during site plan review process;
in reviewing the application to date, planning staff has identified the following
matters for further review and consideration:
· examine the compatibility of the proposed accessory uses in the yards
with surrounding lands;
. assess the potential impact on the wetland to the east;
· evaluate the proposed outdoor storage/truck parking in terms of their
locations and area percentage to determine whether any limitation should
be implemented in any zoning by-law;
· ensure that proper landscaping and buffer can ,be provided between the
proposed outdoor uses and the surrounding lands and Highway 401;
. confirm the status of the owner's MOE Certificate of Approval Amendment
Application;
this Department will conclude its position on this application after it has
reviewed and assessed the above-noted comments, and any comments
received from the circulated departments, agencies and the 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 Councilor a Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
Information Report No. 03-06
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Page 41 7
6.0 OTHER INFORMATION
6.1 Appendix No. I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the applications at the time of writing
report;
6.2 Information Received
copies of the Applicant's submitted plan are available for viewing at the offices
of the City of Pickering Planning & Development Department;
- the City of Pickering has received the following technical information / reports
on the proposed application:
· Executive Summary Groundwater Monitoring, prepared by Ecotech Planners
& Advisors Inc., dated November 2005;
· Phase II Environmental Site Assessment, prepared by Ecotech Planners
& Advisors Inc., dated December 2004.
6.3 Company Principal
- the President of 1291821 Ontario Limited is Robert Munshaw.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Joyce Yeh
Planner I
Lynda Taylor, MCIP, RPP
Manager, Development Review
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Attachments
Copy: Director, Planning & Development
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Minutes I Meeting Summary
Statutory Public Information Meeting
Council Chambers
Thursday, March 23, 2006
7:00 pm.
Attendees: Councillor Dickerson - Chair
Councillor McLean - left 7:20 pm to attend Library Meeting
Ross Pym, Principal Planner - Development Review
Joyce Yeh, Planner I
Birgit Wilson - Recording Secretary
Also Attendeing: Samantha Keser, Barrister & Solicitor
Hem/ Details & Discussion & Conclusion
Ref # (summary of discussion)
1. ZONING BY-LAW AMENDMENT APPLICATION A 31/05
1291821 ONTARIO LIMITED
1070 TOY AVENUE
SOUTH PART OF LOT 18, CONCESSION 1
(Parts 1-5, 4OR-19641 & Parts 1-3, 4OR-22986)
CITY OF PICKERING
1. Planner Comments
Joyce Yeh, Planner1, provided an overview of property location, applicant's
proposal and City's Official Plan policies pertaining to this site, as
outlined in Information Report #03-06.
2. Applicants Comments
Applicant nor a representative for the applicant was present at the meeting,
3. Comments from Members of the Public
No comments from members of the public.
2. ZONING BY-LAW AMENDMENT APPLICATION A 01/06
1678445 ONTARIO LIMITED
1630 - 1634 BAYLY STREET
SOUTH PART OF LOT 19, CONCESSION 1
CITY OF PICKERING
Page 1
CORP0228-2102
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~onserRvaiWn
for The Living City
July 24, 2008
CFN 37347.04
VIA MAIL AND EMAIL (ayearwood@citv.pickering.on.ca)
Mr. Ashley Yearwood
City of Pickering
Pickering Civic Centre
One The Esplanade
Pickering ON L 1V 6K7
Dear Mr. Yearwood:
Re: Zoning By-law Amendment Application No. A31/05
1070 Toy Avenue
South Part of Lot 18, Concession No.1
City of Pickering
(1291821 Ontario Limited)
First, we wish to advise that the applicant has satisfactorily addressed the concerns of TRCA
staff with respect to the zoning By-law amendment application captioned above. Second, we
wish to document, for your benefit, the significant events during the review process that took
place subsequent to our previous correspondence of April 25, 2006.
Review Process
In our correspondence of April 25, 2006 we had asked that an Environmental Impact Statement
be prepared by the applicant in order to describe and assess the existing site conditions and
evaluate the ecological impacts of development permitted by the proposed re-zoning. TRCA
staff had specific concern with respect to the presence of the adjacent Provincially Significant
Wetland complex and the interrelationship between that environmental feature and the
environmental features on the subject lands.
A draft Scoped Environmental Impact Study was received by TRCA on August 2, 2007 for our
review. Our review of the report revealed that wetland units were present on the subject lands.
Further, we were unable to agree with the recommendations of the draft report with respect to
the removal of the on-site wetlands. Specifically, the report supported wetland removal while
TRCA staff were in opposition to that recommendation due to the continuing ecological function
served by the on-site wetlands.
Discussions took place in the fall of 2007 and spring of 2008 between the applicant and TRCA
staff surrounding the development of the portions of the site containing wetland units while
TRCA staff continued to investigate the ecological value of the wetlands.
On April 11, 2008, TRCA staff offered to consider an off-site wetland compensation project to
be paid for by the applicant. Such a project would compensate for the destruction of the on-site
wetlands through the creation of new wetland units of equal or greater ecological value on
publicly owned lands. After a written submission to the applicant by TRCA staff providing a
dollar value to the wetland units was submitted on April 24, 2008, a contribution amount of
F:IHomelPubliclDevelopment ServiceslDurham RegionlPickeringl 1070 Toy-2.wpd
Member of Conservation Ontario
5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.Dn.ca
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Mr. Ashley Yearwood
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July 24, 2008
$80,000 was agreed to between the applicant and TRCA staff on June 27, 2008.
Recommendation
Given this agreement, we have no objection to the zoning by-law amendment application
A31/05. While this amendment will place the subject lands, including the on-site wetland units,
within a uniform industrial zoning category that, along with a TRCA permit, will permit the
destruction of the wetlands, we are satisfied that the wetland compensation project will re-
establish wetland units of equal or greater ecological value on publicly owned lands within the
Duffins Creek watershed.
Next Steps: Site Plan Control and Ontario Regulation 166/06 Permit Requirement
Should the proposed zoning By-law amendment be approved by Council, we anticipate that the
owner will proceed with a site plan application in conformity with the amended zoning. We
intend to request that provisions be included into the Site Plan Agreement that will ensure that
the applicant provides the agreed to compensation amount. We intend to honour that
agreement by supporting a permit application, made by the owner pursuant to Ontario
Regulation 166/06 to remove the on-site wetland units.
It should be noted that we intend to review the detailed site plan design proposed by the
applicant and provide comments, as necessary.
We trust that this is of assistance. Please contact the undersigned if any clarification is
required.
Yours truly,
~~..
Chris Jones, B.U.R.PI.
Senior Planner
Planning and Development
Extension 5718
CJI
cc: Tyler Barnett, City of Pickering (via email totbarnett@citv.pickering.on.ca)
Ed Hystead, Direct Line Environmental Services (via email toehaystead@dlenv.com)
David Mihlik, Spriet Associates (via email tomail@arvadesiqn.ca)
Steve Heuchert, TRCA
Lisa Roberti, TRCA
F:\Home\Public\Development Services\Durham Region\Pickering\ 1070 T OL2.wpd