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HomeMy WebLinkAboutPD 02-10 City o~ Report to Planning & Development PICKERING Committee Report Number: PD 02-10 86 Date: January 4, 2010 From: Neil Carroll Director, Planning & Development Subject: Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Lebovic Enterprises Limited Part Lot 20, Concession 3 City of Pickering Recommendation: 1. That Draft Plan of Subdivision SP-2008-09 submitted by Lebovic Enterprises Limited, to permit a residential plan of subdivision on lands being on Part of Lot 20 Concession 3 be, as shown on the Staff Recommended Plan, Attachment #4 to Report PD 02-10, be endorsed; 2. That the proposed conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2008-09 as set out in Appendix I to Report PD 02-10 be endorsed; 3. That Zoning By-law Amendment Application A 17/08 submitted by Lebovic Enterprises Limited, to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2008-09, as outlined in Appendix II to Report PD 02-10 be endorsed; and 4. .Further, that the City Solicitor be authorized to attend the Ontario Municipal Board Pre-Hearing on January 22, 2010, and any subsequent hearing to support Draft Plan of Subdivision SP-2008-09 and Zoning By-law Amendment Application A 17/08 as endorsed by Council. Executive Summary: The applicant's submitted revised plan proposes to develop a draft plan of subdivision consisting of 132 detached dwellings, 60 semi-detached dwellings and 134 townhouse dwelling units for a total of 326 dwelling units. The plan proposes a Village Green and new municipal roads and laneways to service the proposed dwellings (see Location Map and Applicant's Submitted Revised Plan, Attachments #1 & #3). The applications were appealed by Lebovic Enterprises Limited (Lebovic) to the Ontario Municipal Board (OMB) as the municipality failed to make a decision respecting the applications within the time frame established in the Planning Act. Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 Zoning Amendment Application A 17/08 Page 2 87 The application proposes a mix of grade related residential dwelling units. The draft plan design incorporates a Village Green that will have townhouse dwelling units fronting onto it. The subject applications were originally submitted by Ontario Realty Corporation (ORC). Since the public meeting ORC has conveyed.the land and the applications to Lebovic who have made modifications to the draft plan and submitted a revised draft plan of subdivision. The modifications introduced a greater variety of dwelling types, to increase the density of the draft plan and to address certain design matters that are included in the recently approved Official Plan amendment for Duffin Heights (Official Plan Amendment 18). Staff are recommending additional changes to the revised draft plan in order to better address the relationship of the proposed lots in proximity to the open space lands west of the draft-plan (see Staff Recommended Plan, Attachment #4). The recommended draft plan more appropriately addresses urban design matters for the western sector of the draft plan and reflects a lotting pattern that provides greater exposure of the open space lands to the neighbourhood. It is recommended that the applications be endorsed by Council, and that the City Solicitor be authorized to attend the OMB Pre-Hearing on January 22, 2010, and any subsequent hearing to support Draft Plan of Subdivision SP-2008-09 and Zoning By-law Amendment Application A 17/08 as endorsed by Council. The City's requirements respecting development of the subject property will be addressed through conditions of Draft Plan of Subdivision Approval and site-specific zoning provisions, to be presented to the OMB. Financial Implications: The City will be responsible for certain capital costs related to the development of the Village Green, and the ongoing maintenance of both this facility and the multi-purpose trails within the draft plan (located on Street "C" and Street "D"). Additional City resources (i.e. snow clearing equipment) are anticipated to be required to service the laneways. Some funding for the upgrade of roads to collector road status will be provided through Development charges. Sustainability Implications: The applicant submitted a Sustainability Report that is based on the City's Draft Sustainability Guidelines. Staff have reviewed the report and rated the draft plan as achieving a Level 1 score. The proposed draft plan incorporates many of the elements set out in the Guidelines. The applicant has been encouraged to pursue additional sustainable measures set out in the Guidelines in order to achieve a higher rating for the development. Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 c9 8 Zoning Amendment Application A 17/08 Page 3 1.0 Background: 1.1 Introduction Lebovic submitted revised applications for a draft plan of subdivision and an amendment to the zoning by-law in order to implement a draft plan of subdivision on the subject lands (see Location Map, Attachment #1). The draft plan of subdivision proposed the creation of 132 lots for detached dwellings, 30 lots for 60 semi-detached dwellings and 22 blocks for 132 townhouse dwelling units. The townhouses product consist of both street townhouse and lane townhouses (see Applicant's Submitted Revised Plan, Attachment #3). The original applications were presented at a Statutory Public Information Meeting held on September 29, 2008 (see Applicant's Submitted Original Plan, Attachment #2). Lebovic has acquired the subject lands from ORC and thereby inherited the draft plan of subdivision and zoning amendment application. The revised draft plan submitted by Lebovic modified some of the lotting and road pattern and increased the density of the draft plan. A portion of the original ORC plan was not acquired by Lebovic and is no longer part of the subdivision and rezoning. This land included the municipal 'Township Road' allowance that intersects with Tillings Road and the strip of land that is situated immediately west of Tillings Road next to the Cougs draft plan of subdivision. On September 30, 2009, the owner's solicitor submitted appeals to the OMB for the draft plan of subdivision and the zoning by-law amendment applications (see Attachment #5). The appeals are based on the City's failure to make a decision on the applications in accordance with the time frames of the Planning Act. The OMB has set a Pre-Hearing Conference on January 22, 2010 to consider these appeals. The OMB has reserved dates for a three day hearing commencing on February 24, 2010, if required. These appeals will be considered by the OMB with the appeals related to Lebovic Enterprises Limited draft plan of subdivision and rezoning east of Brock Road (SP-2008-08 and A 16/08) and the appeals related to Cougs (Tillings) Limited located directly south of the subject lands (SP-2005-04 and A 36/05). Staff comments and recommendations in this report pertain to the revised draft plan of subdivision that proposes the development of detached dwellings, semi-detached dwellings, townhouse dwelling units, a Village Green and an open space block. The following chart outlines the proposed development detail of the original plan compared to the revised draft plan of subdivision: I Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 E9 9 Zoning Amendment Application A 17/08 Page 4 Details of the Applications Original Plan Revised Plan (see Attachments #2 & #3) Total area of draft plan - 11.47 ha 10.92 ha Area for residential lots - 7.14 ha 8.10 ha Area of Open Space block - 0.07 ha 0.08 ha Village Green - 0.33 ha 0.30 ha Municipal road and lanes - 3.06 ha 2.35 ha . Detached dwelling - 68 91 - 9.0 metres lot frontage Detached dwelling - 46 41 - 11.0 metres lot frontage Detached dwelling - 24 NA - 13.0 metres lot frontage Semi-Detached Dwellings - NA 60 Street townhouse units - 36 72 - 6.0 metres lot frontage Rear lane townhouses - 72 62 - 6.0 metres lot frontage Total dwelling units - 246 326 Future Development blocks - 0.83 ha NA Net residential density - 34.4 40.2 (units per hectare) 2.0 Comments Received: 2.1 At the September 29, 2008 Information Meetings Three area residents spoke at the September 29, 2008 Information Meeting for the original applications to seek information and expressed concerns respecting the impact on private services, impacts on the wildlife corridor, and timing of the development (see Text of the Information Report, Attachment #6 and Meeting Minutes, Attachment #7). 2.2 Agency Comments 2.2.1 Region of Durham The Region of Durham has provided the following comments: • the proposal is permitted by the policies of the Durham Region Official Plan; • the subject lands are within the Growth Plan and would conform to the Growth Plan. Future intensification in strategic locations that facilitate transit- supportive land use is encouraged and should be considered; • the applications have been screened in accordance with Provincial Interests and Delegated Review and there is no concern with the applications as certain requirements can be addressed through conditions of approval; Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 Zoning Amendment Application A 17/08 Page 5 r Aicipal water supply and sanitary sewer service can be provided by the extension of services which are required as conditions of approval; and, • the Region has no objection to the applications and has provided conditions of approval (see Attachment #8). 2.2.2 Toronto and Region Conservation The Toronto and Region Conservation Authority (TRCA) has advised that the subject land is located in the Duffi,n Heights Neighbourhood and is therefore subject to the Council adopted Official Plan Amendment 18, the Duffin Heights Neighbourhood Development Guidelines and the Duffin Heights ESP. Environmental matters are required to be addressed by these policies. Certain matters, such as a compensation report, can be addressed through conditions of approval. As such, TRCA has no objection to the applications and has provided conditions of approval (see Attachment #9). 2.2.3 Conseil scolaire de district du Centre-Sud-Quest The Conseil scolaire de district du Centre-Sud-Quest has advised that a school site is required in the catchment area of Durham Region. The School Board has requested a condition of approval be included, regarding their need for a site on the subject land, until a school site has been finalized at another location (see Attachment #10). The comment and conditions that have been provided by Conseil scolaire de district du Centre-Sud-Quest are the same comments that have been received -.for other recent draft plans of subdivisions in Pickering. It is staffs understanding the School Board is currently investigating a possible school site elsewhere in Pickering, however no formal agreements have been entered into. The School Board's request for a school site in this draft plan is not being accommodated. The Duffin Heights Neighbourhood identifies two school sites and the Board could investigate these sites as a possible school location. 2.2.4 Other Agencies The following agencies or departments advised they have no objection to the applications and certain technical issues and requirements related to the proposed use of the lands can be addressed during the detailed subdivision approval/implementation process, should these applications be approved: 1 Canada Post (see Attachment #11); 2 Durham Catholic District School Board (see Attachment #12); 3 Durham District School Board (see Attachment #13); 4 Rogers Cable Communication (see Attachment #14); 5 GTAA. (see Attachment #15); 6 Hydro. One (see Attachment #16); 7 Enbridge Gas Distribution Inc. (see Attachment #17); Report PD 02-10 January 4, 201.0 Subject: Draft Plan of Subdivision SP-2008-09 91 Zoning Amendment Application A 17/08 Page-6 8 Veridian Connections (see Attachment #18); 9 Bell (see Attachment #19); 10 Enbridge Pipeline Inc (see Attachment #20); 11 Ministry of Culture (see Attachment #21); 2.3 City Department Comments 2.3.1 Development Control A subdivision agreement and a construction management plan will be required to address development of the site. The subdivision agreement will address, but not be limited to: road construction, easements, fencing, traffic management, off-site works, and cost sharing. Servicing requirements need to be in accordance with the Environmental Servicing Plan for Duffin Heights and an approved Functional Servicing and Stormwater Report (see Attachment #22). 3.0 Discussion: 3.1 The Applicant has Appealed the Draft Plan of Subdivision and Rezoning Applications to the Ontario Municipal Board Lebovic has appealed both the Zoning By-law Amendment and Draft Plan of Subdivision Applications to the OMB. The applicant's appeals are submitted under Subsection 34 (11) and, Subsection 51 (34) of the Ontario Planning Act due to the municipality failing to make a decision on either application within 120 and 180 days respectively (see Attachment #5). The OMB has scheduled a Pre-Hearing conference on January 22, 2010 and reserved a three day hearing commencing February 24, 2010 to hear these appeals and the appeals related to the Lebovic draft plan/rezoning on the east side of Brock Road as well as the Cougs draft plan/rezoning applications. As the applications have been appealed, the OMB is now the approval authority and could approve a lotting and/or road pattern different from what Council endorses.. It is our expectation that the applicant will introduce professional opinion evidence to support any aspect of the Council recommendation that they are not in agreement with. Therefore, the City should be represented by legal counsel at the OMB hearing in order to protect the City's interests and to advance the recommendation of City Council before the OMB. As the hearings are scheduled as noted above, staff must seek Council's direction regarding staff's role at the hearing at this time as the only Council Meeting prior to the hearing is January 18, 2010. It is recommended that the City Solicitor be authorized to attend all hearings to support the Draft Plan of Subdivision and Zoning By-law Amendment application as endorsed by Council. i Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 oning Amendment Application A 17/08 Page 7 3.2 The Proposed Density is Acceptable The subject property is designated Urban Residential Area - Medium Density Area in the Pickering Official Plan. The Urban Residential Area - Medium Density Area establishes a density range of over 30 dwellings per net hectare and up to and including 80 dwellings per net hectare. Based on the applicants proposed design the density for this development is 40.2 dwelling units per net hectare. 3.3 Lotting and Road Reconfiguration Recommended In order to provide improved neighbourhood exposure to the open space lands associated with the Ganatsekiagon Creek valley it is recommended that the north/south leg of Street "E" be shifted west to abut the open space lands. This was the design of the original draft plan and it provided a better relationship between the subdivision and the residential dwelling units. This form of road design was noted in the Duffin Heights Neighbourhood Guidelines that states where possible, roads should front onto or terminate at key features including the valleylands. It is noted that the staff redesign of this portion of the draft plan will not result in the loss of residential lots, but rather provide additional lots (see Staff Recommended Plan, Attachment #4). This modification is subject to an appropriate and acceptable engineering design to accommodate the shift in the road as the grading may present some challenges. If engineering requirements preclude the recommended modifications, the applicant's lotting will be accepted. Modifications to certain street widths are required in order to accommodate a trail width of 2.0 metres. Street "C" and the western portion of Street "D" should be widened from 15.5 metres to 16.0 metres. Furthermore, a pedestrian walkway next to the valley is required from Street "C" to Street "D" as this is the location of the trail in this area of the neighbourhood as per the Duffin Heights Neighbourhood Guideline and Official Plan (see Attachment #4). Another recommended change to the plan is a northerly shift of the Village Green. This public space should be located at the terminus of the future east-west collector road between Tillings and Brock. This shift will also provide an improved view corridor from the Village Green down Street "C" to the valleylands. Street "A" should also be widened to 17.0 metres to allow for sidewalks on both sides of the street. 3.4 The Natural Heritage Feature Abutting the Site Will be Protected As the subject property was previously owned by ORC the lands that were designated Open Space Systems - Natural Area were severed away prior to the transfer of the lands to Lebovic. Therefore, the surrounding valleylands of the Ganatsekiagon Creek valley system that are designated Open Space Systems - Natural Area will remain in the ownership of a public authority and used as natural area and conservation purposes. This complies with the policies of the City of Pickering Official Plan. i Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 ,9 3 Zoning Amendment. Application A 17/08 Page 8 3.5 Duffin Heights Neighbourhood Development Guidelines The recently approved Duffin Heights Neighbourhood Development Guidelines (NDG) provide design objectives for the neighbourhood, being: • to create accessible pedestrian-oriented residential areas, distinct in character and harmonious with the larger neighbourhood; • to create a streetscape which is attractive, safe and encourages social interaction within the neighbourhood; • to establish a central focus to the neighbourhood which is safe, lively and attractive; • to provide a diversity of uses to support neighbourhood and City functions; • to preserve and maintain the ecological function of the tableland forest and valleylands; • to promote site development and building/construction that is consistent with the City's Sustainable Development Guidelines; and, • to provide a mix of housing types, forms, affordability and tenure, on a variety of lot frontages. The staff recommended plan achieves these design objectives. The introduction of laneway based dwelling units adds to the streetscape component of the neighbourhood, provides on-street parking opportunities and increases variety in housing form. The NDG require that all the residential development in the draft plan be subject to Architectural Design Control.. Architectural Control will promote a high degree of streetscape design'within an overall neighbourhood plan. The objectives include: • creating distinctive and appealing streetscapes through attention to building design and detailing; • ensuring appropriate massing, materials and building siting; • design compatibility; • identifying specific design requirements for specific priority lots having highly visible elevations; and, • encourage pedestrian friendly streetscape. Specifically, the siting, massing, and facade design of townhouse units shall be coordinated on a block-by-block basis. The applicant will be required to provide special attention to the detail design of the townhouses, particularly along Tillings Road including the associated laneway. Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 4 Zoning Amendment Application A 17/08. Page '9 ~i 3.6 Duffin Heights Environmental Servicing Plan (ESP) Requirements Need to be Satisfied On October 20, 2008, City Council endorsed the recommendations of the Final Duffin Heights Environmental Servicing Plan (ESP) prepared by Sernas Associates on behalf of Lebovic, Mattamy Homes, Cougs (Tillings) Investments Limited and the Ontario Realty Corporation.' The completion of the ESP is a necessary prerequisite to the consideration and approval of development applications in Duffin Heights. The ESP provides detailed information on the development limits, servicing requirements and recommendations to protect and enhance the natural heritage system including appropriate ecological buffers and stormwater management. On May 19, 2009 Council adopted Official Plan Amendment 18 that implemented City Council's endorsement of the recommendations of the ESP. On October 29, 2009 the OMB approved Official Plan Amendment 18. The ESP set out certain prerequisites and requirements that must be satisfied prior to development, (including the subject draft plan of subdivision). These include, but are not limited to: • Functional Servicing and Stormwater Report; • Monitoring Report; • Compensation Report; • Fish Habitat Restoration Fund contribution; • Watershed System Monitoring and Management Fund contribution; and, • Adaptive Management Fund contribution. Some of these requirements will form part of the cost sharing agreement between the Duffin Heights Landowners Group. The proposed location of the stormwater management facility to serve these lands is located off-site on lands that are owned by a third party. These lands need to be.secured for stormwater purposes. If this is not possible, alternative locations may need to be explored. The required reports have been or will be initiated by the applicant and will need to be finalized and accepted by the City and/or TRCA as part of the final subdivision approval process. The monetary contributions will be required as conditions of approval for the subdivision. As part of the Council endorsed ESP and the recently approved Official Plan Amendment 18, the major land owners in Duffin Heights (including Lebovic) are required to enter into a cost sharing agreement that will be administrated by a trustee; to ensure all landowners pay their proportional share of the costs to develop the neighbourhood. Therefore, prior to the registration of any draft plan of subdivision, the City will require that the cost sharing agreement has been finalized and that confirmation has been received from the trustee that all of Lebovic's financial contribution has been provided. I Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 . ' 95 Zoning Amendment Application A 17/08 Page -10 3.7 Road Improvements Required by the Draft Plan Approval 3.7.1 Northern Connection Road Between Brock Road and Tillings Road As part of the development of the draft plan certain off-site work will be required by the subdivider to service the draft plan. These works, include lands owned by the City. The Duffin Heights Neighbourhood Plan delineates a future collector road that connects Brock Road with Tillings Road opposite the subject draft plan. This road is needed in terms of servicing connections and to provide a secondary access point to this area of the neighbourhood. The subject draft plan of subdivision and the abutting plan to the south (Cougs ) will generate approximately 460 dwelling units requiring a second access to Brock Road. The road is required for the overall traffic movement of the west side of the Duffin Heights Neighbourhood and to ensure more than one access to Brock Road is available for emergency response situations. The construction of this road is proposed to be located on property owned by the City. The road is to be constructed as part of the Duffin Heights Landowners Cost Sharing Agreement and the City will be appropriately recognized and compensated for the value of the land as a City contribution. Cost sharing is proposed to be addressed in the subdivision agreement. 3.7.2 Tillings Road is Required to be Upgraded to Full Urban Standards With the development of the subject draft plan and the draft plan of subdivision to the south (Cougs), Tillings Road will need to be upgraded to full municipal standards to Dersan. This road upgrade will be to a 22.0 metre urban right-of-way. The upgrade of the entire length of Tillings Road is a condition of approval and the cost sharing will be addressed in the subdivision agreement and the neighbourhood cost sharing agreement. Some funding for this upgrade is also provided through the City's Development Charges Study/By-law. 3.7.3 'Township Road' Allowance Needs to be Upgraded and City Compensated for the Land Value The conveyance of the City's unopen road allowance that abuts this subdivision plan, 'Township Road', will need to be appropriately addressed as a condition of approval for both the subject draft plan as well as the draft plan to the south (Cougs). Appropriate arrangements will be required for the construction and servicing of the road and will be included in the subdivision agreement. This will include the stopping-up and official closing of the road allowance, the conveyance of the road or compensation for the value of the land as a City contribution, and the cost sharing with the abutting land owner for the construction of the road. Following the conveyance of the road allowance, the subdividers will incorporate the land into their draft plans.. I Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 9Zoning Amendment Application A 17/08 Page 11 3.8 Parkland Dedication Requirement to be Coordinated for Entire Neighbourhood For the Duffin Heights Neighbourhood, a Master Parks Agreement is being entered into by the major land owners. This agreement, which the City may be a party to, will set out the parkland requirements for'the entire neighbourhood. The proposed agreement will outline what lands are to be dedicated for parkland. The Master Parks Agreement will set out that the City will not collect cash-in-lieu of parkland from any developer that is party to the agreement, nor will the City be required to pay for any over dedication. A trustee will administer this cost sharing agreement so that the land owners all pay their proportional share for parkland development in the neighbourhood. The Master Parks Agreement will ensure that the City receives the Planning Act five percent parkland dedication or cash-in-lieu for the entire neighbourhood. Therefore, even though the village green parkland is being dedicated through the subject draft plan, the requirement for parkland contribution will be administered through the overall Master Parks Agreement. The establishment of an appropriate Master Parks Agreement, to the satisfaction of the City, will be a condition of draft approval. 3.9 Proposed Subdivision Conditions of Approval The revised draft plan of subdivision, subject to the noted design changes referred to in Section 3.3 of this report, is recommended for approval as per Attachment #4. The draft plan represents appropriate development that conforms to the Official Plan and the Duffin Heights Neighbourhood Development Guidelines. Detail design matters are incorporated in the recommended conditions of approval and will be reviewed during the further processing of the application to ensure compliance with the Duffin Heights ESP, City policies and agency requirements. The cost sharing agreement between the major landowners is required to be executed prior to any final approval for registration is granted by the City. Prior to final approval, the City must also receive confirmation from the trustee that all financial contributions have been addressed. The recommended draft plan of subdivision conditions of approval are outlined in Appendix I to this report. Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 97 Zoning Amendment Application A 17/08 Page 12 3.10 Proposed Zoning The proposed zoning provisions address building location performance standards to ensure an appropriate design for the neighbourhood. The. recommendations also contain vehicle parking zoning standards to ensure that all dwellings (detached, semi-detached and townhouses), have a minimum of two functional parking spaces per unit on the private property and a minimum internal garage size. A standard related to minimum front yard landscaped area is included to ensure a minimum amount of any front yard remains landscaped. This provision will also control the maximum size of a driveway indirectly providing on street parking opportunities. The proposed zoning contains the same performance standards for all of the proposed subdivisions in Duffin Heights to ensure a uniform zoning throughout, the Neighbourhood. The recommended zoning is attached in Appendix II to this report. 4.0 Applicant's Comments: The owner is aware of the recommendations of this Report. Appendices: Appendix I Recommended Conditions of Draft Approval Appendix II Draft Implementing Zoning By-law Requirements and Schedule Attachments: 1. Location Map 2. ORC's Original Submitted Plan 3. Applicant's Revised Plan 4. Staff Recommended Plan 5: Notice of Appeal Letter. 6. Text of Information Report No. 20-08 7. Minutes from September 29, 2008 Statutory Public Information Meeting 8. Agency Comments - Region of Durham Planning Department 9. Agency Comments - TRCA 10. Agency Comments - Conseil scolaire de district du Centre-Sud-Quest 11. Agency Comments - Canada Post 12. Agency Comments - Durham Catholic District School Board 13. Agency Comments - Durham District School Board 14. Agency Comments - Rogers Cable 15. Agency Comments - GTAA Report PD 02-10 January 4, 2010 Subject: Draft Plan of Subdivision SP-2008-09 Zoning Amendment Application A 17/08 Page 13 << ~ 9 R 16. Agency Comments - Hydro One 17. Agency Comments - Enbridge Gas Distribution Inc. 18. Agency Comments - Veridian Connection 19. Agency Comments - Bell Canada 20. Agency Comments - Enbridge Pipeline Inc. 21. Agency Comments - Ministry of Culture 22. City Comments - Development Control Prepared By: Approved/Endorsed By: Ross Pym, MCIP, Neil Carrot , M - , -PP Principal Planer - Development Review Director, Planning & Development 1 Lyn a aylor, MCI , RPP Manager, Development Review RP:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. Q innDMR., CMM'III Chief Administrat' e Officer Appendix I to Report PD 02-10 99 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Recommended Conditions of Approval for ' ' Draft Plan of Subdivision SP-2008-09 1.0 General Conditions: 1.1 That this recommendation apply to the draft plan prepared by Sernas Associates, revised dated October 2009, on lands being Part of Lot 20, Concession 3, City of Pickering, as modified per comments contained in Report PD 02-10 to permit the development of approximately 132 detached dwellings, 60 semi-detached dwellings, 134 townhouses and a Village Green on the subject lands. 2.0 Prior to the Registration of the Plan: 2.1 That the owners submit a Draft 40M-Plan based on comments contained in Report PD 02-10 to be approved by the City's Planning & Development Department; 2.2 That the implementing by-law for Zoning By-law Amendment Application A 17/08 become final and binding; 2.3 That the owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City's requirements, financial and otherwise, which shall include, but not necessarily be limited to the following: 2.3.1 Storm Drainage (a) satisfaction of the Director, Planning & Development Department respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) satisfaction of the Director, Planning & Development Department for contributions for stormwater management maintenance fee; (c) satisfaction of the Director, Planning & Development Department for the acquisition of land, design and implementation of stormwater facility and easements for outfalls and access to the outfalls; 2.3.2 Grading Control and Soils (a) satisfaction of the Director, Planning & Development Department respecting submission and approval of a grading and control plan; (b) satisfaction of the Director, Planning & Development Department respecting the submission and approval of a geotechnical soils analysis; (c) satisfaction of the Director, Planning & Development Department respecting the authorization from abutting land owners for all off-site grading; Recommended Conditions of Approval for 101 Draft Plan of Subdivision SP-2008-09 Page 2 2.3.3 Road Allowances (a) satisfaction of the Director, Planning & Development Department respecting construction of roads with curbs, storm sewers, sidewalks and boulevard designs; (b) street names and signage to be provided to the satisfaction of the City of Pickering; (c) that the north, east/west connection road between Tillings Road and Brock Road be constructed to the satisfaction of the City of Pickering and that the City of Pickering be compensated for the land required for this road in terms of the value of the contribution being included in the cost sharing agreement; (d) that Tillings Road be reconstructed across the frontage of the draft plan and from south of the plan of subdivision SP-2005-04 to the southern terminus to the satisfaction of the City of Pickering and cost sharing be addressed in the subdivision agreement; (e) that Township Road be constructed to the satisfaction of the City of Pickering and that the City of Pickering be compensated for the land required for this road in terms of the value of the contribution being included in the cost sharing agreement; 2.3.4 Construction / Installation of City Works & Services (a) satisfaction of the City respecting arrangements for the provision of all services required by the City; (b) satisfaction of the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services; (c) that the cost. of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider; 2.3.5 Dedications / Transfers / Conveyances (a) that the owner convey to the City, at no costs: (i) any easements as required; and, (ii) any reserves as required by the City; (b) that the subdivider convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Page 3 102 (c) that the owner arrange at no costs to the City any easements required on third party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after the draft approval; , 2.3.6 Construction Management Plan (a) that the owner make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) insurance that the City's Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; (vii) details of the temporary construction access; 2.3.8 Development Charges (a) satisfaction of the City financially with respect to the Development Charges Act; 2.3.9 Coordinated Development (a) satisfaction of the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required; (b) satisfaction of the City with respect to the disposition of future development blocks and acquisition of abutting severed parcels prior to draft plan registration; (c) satisfaction of the City with respect to providing a second access to Brock Road as proposed by the northern connecting street between Tillings Road and Brock Road and it being open to public traffic; 103 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Page 4 2.3.10 Fencing (a) satisfaction of the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works; (b) the owner agrees to submit a Landscape Fencing Plan, with respect to the provision of a noise attenuation fencing, to the satisfaction of the Director, Planning & Development Department; (c) the owner agrees to install a fence next to the valley lands to the satisfaction of the City of Pickering; 2.3.11 Street Tree Planting (a) the submission of a street tree planting plan to the satisfaction of the City; 2.3.12 Architectural Control (a) that the owner, prior to the preparation of the subdivision agreement, shall engage a control architect, to the satisfaction of the Director, Planning & Development Department, who will prepare streetscape/architectural control guidelines to the City's satisfaction, approval all models offered for sale and certify that all building permit plans comply with the City's approved guidelines; (b) that the owner ensure that the engineering plans be coordinated with the streetscape/architectural control guidelines and further that the engineering plans coordinate the driveway, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved; (c) that the owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing; (d) that the subdivider provide a fixed payment satisfactory to the City to provide for the long term maintenance and repairs of items such as enhancements to fences, entrance feature walls, medians that exceed the City's normal standards and which are requested by the subdivider; 2.3.1.3 Noise Attenuation (a) that the owner satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features to the satisfaction of the Region of Durham, and the City of Pickering; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Page 5 104 2.3.14 Engineering Drawings (a) that the owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, utility co-ordination and financially-secure such works; (b) that the engineering plans be coordinated with the architectural design objectives; (c) that the subdivider revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City's satisfaction; 2.3.15 Other Approval Agencies (a) that the subdivider satisfy all the requirements of the Region of Durham; (b) that the subdivider satisfy all the requirements of the Toronto and Region Conservation Authority; (c) that any approvals which are required from the Region of Durham or the Toronto and Region Conservation Authority for the development of this plan be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals; 2.3.16 Environmental Servicing Plan (a) that the subdivider satisfy, to the satisfaction of the City of Pickering, all matters required by the Duffin Heights Environmental Servicing Plan, including but not limited to the following: (i) Functional Servicing and Stormwater Report; (ii) Monitoring Report; (iii) Compensation Report; (iv) Fish Habitat Restoration Fund contribution; (v) Watershed System Monitoring and Management Fund contribution; (vi) Adaptive Management Fund contribution; and, (vii) that the subdivider become a party to the cost sharing agreement for Duffin Heights and the Director, Planning & Development Department receives an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the subdivider has made satisfactory arrangements to pay its proportion of the shared development cost; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2008-09 Page 6 2.3.17 Parkland Dedication 105 (a) that the subdivider convey to the City of Pickering the village green block (Block 185) at no cost and in a physical condition'acceptable to the City for parkland dedications, to the satisfaction of the Director, Planning & Development, in order to satisfy Section 42(1) of the Planning Act; (b) that the subdivider satisfy, to the satisfaction of the City of Pickering, that the Duffin Heights Master Parks Agreement has been entered into and executed that establishes the requirements and process for parkland dedication in accordance with the Planning Act for the Duffin Heights Neighbourhood; 2.3.18 Phasing (a) that if this subdivision is to be developed by more than one registration, the subdivider will be required to submit a plan showing the proposed phasing, all to the satisfaction of the City; 2.3.19 Temporary Access (a) that the subdivider construct a temporary secondary emergency access at no cost to the City for this draft plan. The temporary access must be in a location and be designed to the satisfaction of the City. However, the subdivider acknowledges and agrees that if there is an opportunity in the future to/for the development of lands north of Street "A" in this draft plan, they may eliminate the need for a temporary access to the subject area by utilizing a future road system; 2.3.20 Easements for Off-Site City Facilities (a) that the subdivider satisfy to the satisfaction of the Director, Planning & Development Department any required easement for works, facilities or use rights that are required by the City of Pickering. 2.3.21 Construction Works (a) That the owner, forthwith upon receiving draft plan approval, confirm in a letter to the City and in a provision in the subdivision agreement that it will not commence any construction works (including site servicing, topsoil stripping and grading) on the subject property until the works required for the construction of the Central Duffins Collector sanitary sewer have commenced. L Appendix II to Report PD 02-10 106 I Recommended Zoning By-Law Amendment Application A 17/08 107 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3037 to implement the Pickering Official Plan in Part of Lot 20, Concession 3, City of Pickering (A17/08, SP-2008-09) WHEREAS the Ontario Municipal Board deems it desirable to permit the development of a range of single detached, semi-detached and multiple horizontal residential units, and a village green on the subject lands being Part of Lot 20, Concession 3, in the City of Pickering; AND WHEREAS an amendment to By-law 3037, as. amended, is therefore deemed necessary; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 3 in the City of Pickering, designated "S-SD-SA-3", and "NP" on Schedule I. 3. GENERAL PROVISIONS No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Bay, Bow, Box Window" shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which mayor may not include a foundation, mayor may not include a window seat; and may include a door; By-.law No. Page 2 ~S (2) "Corner Rounding" shall mean a lot line of a corner lot at the intersection of two street lines in the form of an arc, that joins the front lot line to the flankage lot line; (3) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Single or Single Detached or Detached Dwelling " shall mean a dwelling containing one dwelling unit and uses accessory thereto which is freestanding from other main structures; (d) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached above grade by a common wall which extends from the base of the foundation to the roof line and for a horizontal distance of not less than 6 metres; (e) "Dwelling, Single Attached or Single Attached Dwelling" shall mean one of a group of not less than 3 adjacent dwellings attached together horizontally by an above grade common wall; (4) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with an accessory buildings or structures, or a public park or open space area regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (b) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7,5 metres distant from the front lot line; (5) "Neighbourhood Park" shall mean a municipal public park; (6) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise, (7) "Street" shall mean a street as defined in the Highway Traffic Act, as amended from time to time, which may provides vehicular access to a lot. A private road registered in a "plan of condominium is also considered a street for the purpose of this by-law By-law No. Page 3 109 (8) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line, or where there is no rear lot line the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street, (i) "Flankage Side Yard Width" shall. mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which -is a street and the nearest wall of the nearest main building or structure on the lot; Q) "Interior Side Yard" shall mean a side yard other than a flankage side yard. By-law No. Page 4 110 5. PROVISIONS ("S-SD-SA-3" Zone) (1) Uses Permitted ("S-SD-SA-3" Zone) No person shall, within the lands designated "S-SD-SA-3" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) single dwelling; (b) semi-detached dwelling; (c) single attached dwelling, (2) Zone Requirements ("S-SD-SA-3") No person shall, within the lands designated ("S-SD-SA-3") on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the provisions as set out in the following table. For a single dwelling the zoning provisions shall be based on the lot frontage with the exception of corner lots which will be based on the abutting lot size: 9.0 m 12.0 m 13.5 m semi- Street Lane single single single detached single single dwelling dwelling dwelling dwelling attached attached dwellin dwellin (a) Lot 9.0 m 12.0 m 13.5m 7.5m 6.0 m 6.0 m Frontage Minimum (b) Lot Area 225 m 300 m 335 m 180 m 150 m 170 m Minimum (c) Lot Depth 25 m 25 m 25 m 24.5 m 24.0 m 29.0 m Minimum (d) Front Yard 3.0 m 3.0 m 3.0 m 3.0 m 3.0 m 3.0 m Depth Minimum (e) Interior 1.2 m on 1.2 m on 1.2 m on 1.2 m, 1.2 m, 1.2 m, Side yard one side one side one side except except except Width and 0.6 m and 0.6 m. and 0.6 m where where where (Minimum) on the on the on the dwellings dwellings dwellings other side other side other side on on on and and and abutting abutting abutting provided provided provided lots share lots lots there is a there is a there is a a common share a share a minimum minimum minimum wall, no common common 1.2 m 1.2 m 1.2 m - interior wall, no wall, no separation. separation separation side yard interior interior between between between shall be side and side and By-law No. Page 5 dwellings dwellings dwellings required shall be shall be on adjacent on on adjacent required required lots; adjacent adjacent to that adjacent adjacent lots; lots; wall on to that to that either lot; wall on wall on either lot either lot (f) Flanking 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m Side Yard Width Minimum (g) Rear Yard 7.0m 7.0m 7.0m 7.0m 7.0m 12.0m Depth Minimum (h) Building 12.0 m 12.0 m 12.0 m 13.0 m 13.0 m 13.0 m Height Maximum (i) Driveway 55 percent 55 percent 55 percent 50 50 50 Width percent percent percent Maximum (j) Lot 15m 15m 15m 15m 15m 15m Coverage of All Accessory Buildings Maximum The following special provisions shall be applicable to all lands designated ("S-SD-SA-3") (k) Corner Rounding Setback (minimum): despite any front yard depth or flankage side yard width requirement; on a corner lot, the setback to a corner rounding shall be 1.75 metres; (1) Parking Requirement (minimum): two private parking spaces per dwelling unit which can be provided either within an attached garage or with one parking space in an attached garage and one parking space in a driveway immediately in front of the parking garage for that dwelling unit; (m) Garage Requirements (minimum): one private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; By-law No. Page 6 112 (n) Garage Parking Size (minimum): each parking space within a private garage shall have a minimum width of 2.9 metres and a minimum depth of 6.0 metres provided, however, that the width may include one interior step and the depth may include two interior steps; (o) Yard Encroachments: In addition to the provisions of Section 5.7 of By-law 3037, the following shall also apply: (i) a covered or uncovered porch, veranda or balcony and with or without a foundation, may have the following setbacks: A to front lot line: 1.0 metres; B to flankage lot line: 1.0 metres; C to interior side lot line: 0.6 metres; D to rear lot line: 5.0 metres; E to a corner rounding: 1.0 metres; F Eaves above these features may project: a further 0.6 metres into the required front, flankage or rear yard or corner rounding setback; (ii) uncovered steps minimum setback to a streetline: 0.4 metres (iii) uncovered decks of any height are permitted in the rear yard provided minimum setbacks are provided as follows: A to interior side lot line: 0.6 metres; B to flankage lot line: 1.0 metres; C to rear lot line: 3.0 metres; D steps from a deck: may encroach an additional 1.2 metres onto the rear yard (iv) bay, bow or box windows may encroach a maximum into . required yards as follows: A front yard: 0.6 metres; B flankage yard: 0.6 metres; C rear yard: 1.0 metres; D Eaves above these features: may project to a further 0.6 metres into the required front, flankage or rear yard; (p) Lane based Units that abut a Park or Village Green: Despite anything other provision in this By-law where a lot line for lane based single attached dwelling in a "S-SD-SA-3" zone abuts a Neighbourhood Park or Village Green, said lot line shall be deemed the front lot line; (q) Detached Garages for Lane Based Dwelling Units: A detached garage is not considered an accessory building for the purpose of lot coverage; By-law No. Page 7 X13 (r) Detached Garage Requirements: Where the rear lot line abuts a street and vehicular access is provided from that street the.following shall apply: (i) minimum side yard width of 0.0 metres; (ii) minimum flanking side yard width of 2.4 metres; (iii) minimum rear yard depth of 0.6 metres; (iv) a detached garage is not considered a main building for the purpose of the by-law. 6. PROVISIONS ("UR" Zone) (1) Uses Permitted ("UR" Zone) No person shall within the lands designated "UR" on Schedule I attached hereto use any lot or erect alter or use any building or structure for any purpose except for the following: (a) outdoor recreation uses without buildings or structures (b) existing lawful uses, located in existing buildings or structures, provided such use continue in the same manner and for the same purpose for which they were uses on the day this by-law-was passed; (c) temporary sales pavilion; (2) Zone Requirements ("UR" Zone) No person shall within the lands designated "UR" on Schedule I attached hereto, use any lot or erect alter or use any building or structure except in accordance with the following provisions: (a) Building Height (maximum): 13.0 metres; (b) Setback to all lot lines (minimum): 7.0 metres; (c) Parking requirements for temporary sales pavilion (minimum): 10 spaces; 7. PROVISIONS ("OS-HL" Zone) (1) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except the following: (a) resource management, including a stormwater management facility; (b) pedestrian and bicycle trails; L - - - - - By-law No. Page 8 Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected except where buildings or structures are used only for purposes of resource management, including a stormwater management facility; pedestrian and/or bicycle trails. 8. PROVISIONS ("NP" Zone") (1) Uses Permitted ("NP" Zone) No person shall within the lands designated "NP" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) neighbourhood park. 9. MODEL HOMES (1) Notwithstanding any provisions in By-law 3037 to the contrary, a maximum of 6 Model Homes, together with not fewer than two parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached to this By-law prior to the division of those lands by registration of a plan of subdivision; (2) For the purposes of this By-law, "Model Home" shall mean a dwelling unit which is not used for residential purposes, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 10. BY-LAW 3037 By-law 3037 is hereby amended only to the extent necessary to give effect to the provisions of th.is By-law as it appears to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 11. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. GpR 5 3' `m 156.3m , 41.5. STREET 'C' f h N E F m `,56 E STREET 'E' aF 1y ~ 69.4m N STREET 'C' a NP a S-S D-SA-3 69.4m w Q CON 3 NORTH PT LOT 20 W O 40R-25832, PART 4 r STREET 'D' F r X01 STREET A' 3 ?g 331.tm z J _J SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2010 r ATTACHMENT # TO REPORT # PD- 02---lb I Row TAUNTON • gar tREEt SUBJECT PROPERTY MUNICIPAL OPERA77ONS CENTRE STREET OERSnN ` S City of Pickering. Planning & Development Department PROPERTY DESCRIPTION CON 3 PT LOT 20 OWNER LEBOVIC ENTERPRISES LTD. DATE DEC. 4, 2009 DRAWN BY JB FILE No. SP2008-09 & A 017/08 SCALE 1:10000 CHECKED BY RP Al pur<..: eoT. -t Entarpri.es 1- and its suppli.rs. All rights Reserved: Not 'p plan of .I,rv.y. PN-15 c 2005 MPAC and its suppliers. All ri hts Res.rv<d. Not a plon of Survey. ATTACHMENT # TO REPORT # PD DZ-/D INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN ONTARIO REALTY CORPORATION 7 SP-2008-09 & A 017/08 C aOther Lands Owned By Applicant .1 t StreeVt °a o ,CS Q 9 O qj v r e e t, o O (n ° a~~ a S y ocQQ ° a Village Tee Fu tune Con, p v Q (0.336h. - o.a3 Z O Q1 ~ n - ;S-t r e e t PART 1, . P A R 3.5 4 0) J Lon 'K F- ~ y u e 3 S t r e e t "D" a d e 7 i F F ' .,a a a S r e e t a "A Street "AA•-'• a s a r TM H AR o4 R a a (u PART 2, PLAN 40R-4766 trKG Other Lands Owned 3 a, Y Draft Plan S-P-2005-04 ~a oQ -j Exis tin g L- m tr? i Wooded Area O try"E 3 FULL SCALE COP/E5 OF me APPL/CANT'S SUBMITTED PLAN ARE AVAILABLE FOR VIEWING Ar CITY OF PICKER/NC PLANNING R DEYELOPMENr DEPARTMENT. THIS MAP WAS PRODUCED BY rH£ CITY OF PICKERING PLANNING & DEV£LOPMrNr DEPARrM£Nr, INFORAIADON a' SUPPORT SERVICES, AUGUST 25, 2008. ATTACHMENT # TO REPORT # PD 02-/D INFORMATION COMPILED FROM APPLICANTS REVISED SUBMITTED PLAN LEBOVIC ENTERPRISES LTD. SP-2008-09 & A 017/08 TAU. 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F 6 J • • ; 9a n1 • ' i I 1J+ tl +1 11 1 ) 1 6 , a + ♦ e , ~ ~ • 110• r 1]7 . • u •a u a ~ 9a 1094 1 S t r e e t , fir, a d e ♦ 99 IOa♦ u u u all' d 105 • Ia 1 9 1 6 u ROAD s a69„ iT~149VSHlb? ROAT4y a cy ME COQPp9AR0. 1Qe CIO - PART TS • g G -•`.~~r~. Pu~1. °i t~o69t.> _ ' ° BL 1 el QP 'Cllr -j- PAR PLAN 40R-4765 - qz •W-1)pl PAR PLAN 40R-4766 p`e . C 0 . C E S isr sl[o weucw ] Draft Plan S- P-2005-04 - ur z vu• •o•-•)ee g 99 c 4. Exist. N FULL SCALE COPIES OF ME APPL/G7NT5 SUBMITTED PLAN ARE AVAILABLE FOR VIEWING Ar THE CITY OF PICKERING PLANNING B DEVELOPMENT DEPARTMENT. THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING a DEVELOPMENT DEPARTMENT, INFORMATION A• SUPPORT SERVICES AUGUST 75. T00B. 1 ATTACHMENT # TO REPORT # PD 02-16 STAFF RECOMMENDED PLAN FOR LEBOVIC ENTERPRISES LTD SP-2008-09 & A 017/08 19 1 P~ yr vildin Setback ~ & PPao 0. 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I2B0 12)5 ) iM • 9. 9.)S 9 S 9.)S 9.)S 9.75 9.)! 9.)5 •)S 9.)5 9.)! 9.)5 B7S 9.)5 1150 - 'Y FULL SCALE COP/ES OF rHE APPLICANTS SUBMITTED PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, THIS MAP WAS PRODUCED BY THE CITY or PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERWCES• - AUGUST 25, 2008. a, ENT ___~_OUICISL ATTACHMENT #___2___TO i l' OUIC t~.I~p ~rns,e.s& oiirtcrs ATTACHMENT REPW # PQ years 120 September 30, 2009 Michael J. McQuaid, O.C. T: 416-947-5020 . mcquaid@weirfoulds.com VIA FACSIMILE & OVERNIGHT COURIER File 00056.00038 Debi Wilcox City'Clerk City of Pickering One The Esplanade Pickering, ON L1V 6K7 20 Dear Ms. Wilcox: Re: Noticelof Appeal - Lebovic Enterprises Limited Zoning By-law Amendment Application A 17108 draft Plan of Subdivision Application SP-2008-09 We. act on behalf of Lebovic Enterprises Limited (Lebovic".) with respect to its lands.located on Part of Lot 18, Concession 3 in the City of Pickering, commonly referred to as the "Lebovic West Lands". These lands are part of the Duffin Heights Neighbourhood. On 28, 2008 Ontario Realty Corporation submitted Zoning By-law Amendment and Draft Plan of Subdivision applications for the above noted lands. These lands were then acquired by Lebovic, and revised applications were submitted on August 12, 2009.7o-date, the Council of the City of Pickering has failed to make a decision on these applications. On behalf of our client, we hereby appeal Council's failure to make a decision on these two applications to the Ontario Municipal Board, pursuant to subsection 34(11) and 51(34) of the Planning Act, R.S.O. 1990, c.P.13, as amended. The proposed development is located within the, area subject to Official Plan Amendment 18 ("OPA 18"), which was recently adopted by the City of Pickering. OPA 18 has been appealed to the Ontario. Municipal Board by another party, and. we would request that this appeal be consolidated with that appeal, if necessary. We are also aware that Mattamy (Brock Road) Limited has appealed Council's refusal of Zoning By-law Amendment and Draft Plan of Subdivision applications for their lands which are also located within the Duffin Heights Neighbourhood. Accordingly, we would ask that our clients appeal, also be consolidated with the Mattamy (Brock Road) appeal. . cina T:416-365-1110 F:416-365-1876 The Exchange Tower; Suite 1600 P.O. Box 480, 130 King Street West Toronto, Ontario, Canada M5X 1J5 www.weirfoulds.com I ATTACHMENT TO WeirFouldsl,LP 5arristei s & Solicitors REPORT # PD_ 00 t Y-Irs 121 The reasons for this appeal are as follows: Lebovic, "Mattamy and the other land owners in the Duffin Heights area have been in discussions with the Region of Durham. The purpose of these discussions is to reach a front- ending servicing agreement whereby the developers would advance funds to the Region, to allow for the construction of required services for the area. Prudent practice would suggest that a developer should have its plan draft approved when a commitment of major'funds for such a front-end agreement are advanced. Accordingly, Lebovic would like to see its plans. proceed to draft approval in the same time frame as the Mattamy plans. In addition, we believe the City has raised certain planning issues regarding the Mattamy appeal respecting sustainable urban development guidelines which may bear on the Lebovic plans and the matters should be consolidated so that these issues are dealt with in the most efficient manner. We look forward to receiving notice that this appeal and the supporting material has been sent to the Ontario Municipal Board for further processing Yours truly, Weir. oulds,LLP Michael J. N Uuald; Q. C. MJM/UY Encl. c: Chris Barnett Ira Kagan i 2 ATTACHMENT ~ TO REPORT # PD 02::ZO 122 cis o~ PICKERING INFORMATION REPORT NO. 20-08 FOR PUBLIC INFORMATION MEETING OF September 29, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Ontario Realty Corporation Part Lot 20, Concession 3 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are located on the west side of Tillings Road, south of the CP Rail line; - a property location map is provided for reference (see Attachment #1); - the property is currently occupied with two detached dwellings surrounded by vacant land; - portions of the subject property are sparsely vegetated while other portions are tree covered and vegetated; - the site's topography is relatively flat with a gentle slope to the west; - a thin strip of land that fronts onto Tillings Road and abuts the subdivision proposal to the south by Cougs (Tillings) Ltd. is part of these applications; - surrounding land uses are: north - vacant land owned by Ontario Realty Corporation and the CP Rail line; south - vacant land that is proposed to be developed by plan of subdivision SP-2005-04; east - on the opposite side of Tillings Road is a wood lot; west - valley lands associated with the Ganatsekiagan Creek. ~ Information Report No. 20-08 ATTACHMENT # TO REPORT # PQ OZ i0 Page 2 2.0 APPLICANT'S PROPOSAL 123 the owner of the subject lands has submitted an application for approval of a draft plan of subdivision and an application to amend the zoning by-law in order to implement the proposed draft plan; the draft plan of subdivision proposes to create 138 lots for detached dwellings, and 22 blocks to be subsequently divided up for 108 street townhouse dwelling units, a village green and the creation of future development blocks that are to be assembled with abutting property for future residential development (see Attachment #2 -Applicant's Submitted Plan); all of the proposed lots will front onto new municipal streets; the following chart outlines the proposed development detail: Details of the Applications Total area of draft plan - 11.47 hectares Detached dwelling lots - 4.95 hectares Townhouse blocks - 2.19 hectares Village Green - 0.33 hectares Municipal road and lanes - 3.06 hectares Future development blocks - 0.83 hectares Open Space - 0.07 hectares Number of detached dwelling lots - 9.0 m lot frontage = 68 - 11.0 m lot frontage = 46 - 13.1 m lot frontage = 24 Street Townhouse dwelling units - 6.0 m lot frontage = 36 Rear lane Townhouse dwelling units - 6.0 m lot frontage = 72 Total dwelling units - 246 Net residential density - 34.4 units per hectare 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as Living Areas, which are intended to be used predominantly for housing purposes; - the Region of Durham is currently processing Regional Official Plan amendments for the Duffin Heights Neighbourhood and until these amendments are concluded upon the conformity of the applications with the entire Regional Official Plan is yet to be determined; 3.2 Pickering Official Plan - the Pickering Official Plan designates the subject lands as Urban Residential Areas - Low Density Areas; - permissible uses within the Urban Residential Areas Low Density Areas designation include, among others, residential uses and home occupations; - the subject lands are within the Duffin Heights Neighbourhood of the Official Plan; i ATTACHMENT #~TO Information Report No. 20-08 REPORT # PD OAT/O Page 3 124 the proposed development provides a net density of approximately 34.4 units per hectare, which is over the required maximum density for Low Density Areas of 30 units per hectare; Schedule II of the Pickering Official Plan - Transportation Systems designates Tillings Road that will provide access to the draft plan as a Type C Arterial Road; Schedule II of the Pickering Official Plan - Transportation Systems also designates a future Type C Arterial Road bisecting the subdivision; Type C Arterial Roads are designed to carry lower volumes of traffic at lower speeds than high order arterial. roads while providing access to properties; - the new proposed roads within the draft plan will be a Local Road which will provides access to individual properties and carries local traffic; the City has adopted the Duffin Heights Neighbourhood Development Guidelines that apply to the subject lands (see Section 3.3); - the Official Plan requires an environmental report be undertaken prior to any development in the Neighbourhood (see Section 3.4); - the applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; 3.3 Duffin Heights Neighbourhood Development Guidelines - the Duffin Heights Neighbourhood Development Guidelines as adopted by City Council on April 22, 2'003, are currently being reviewed and its anticipated that revisions to the existing Guidelines will follow the amendment to the Official Plan to implement the Environmental Servicing Plan; - the current Guidelines establish guiding principles to create a cluster of separate but linked nodes of residential centred around a mixed use corridor; - the subject lands form part of one of the linked residential nodes; the applications will be assessed against the Duffin Heights Neighbourhood Development Guidelines during the further processing of the applications; 3,4 Duffin Heights Environmental Servicing Plan - the City of Pickering Official Plan requires the completion of an Environmental Servicing Plan (ESP) prior to approving any detailed development plans; - the Duffin Heights landowner's group has undertaken the ESP; - the ESP reviewed the road patterns and land use designations along with the review of the environmental and servicing considerations; - the ESP recommends amendments to both the Region and City Official Plans that includes changing land use designations and road designations; the Duffin Heights Landowner's Group has made an application to the Region of Durham to amend it's Official Plan to delete two segments of Type C Arterial Roads in Duffin Heights and to realign the future extension of. Valley Farm Road, a Type C Arterial Road north of the Third Concession Road; it is anticipated that the City will initiate an Official Plan Amendment to reflect the policy changes required to implement the ESP recommendations; ATTACHMENT #___!0__T0 Pa e 4 Information Report No. 20-08 REPORT # PD__ 02--16 g I ,J - as a result of the recommendations of the ESP to amend the official plans an assessment of the subject applications compliance with the policies and provisions of the Pickering Official Plan will not be. undertaken until any changes are in effect; 3.5 Zoning By-law 3037 - the subject lands are currently zoned "A" - Agricultural Zone by Zoning By-law 3037; - the existing zoning permits a range of agricultural uses, one detached dwelling, some recreational and community uses, and selected agricultural commercial uses; - an amendment to the zoning by-law is required to allow the development of the proposed plan of subdivision; - the applicant has requested an appropriate zone that would permit the proposed development. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no resident comments have been received to date; 4.2 Agency Comments - the following agencies or departments advised they have no objection to the applications: Durham District School Board; Enbridge Gas Distribution; Canada Post; Durham Catholic District School Board (see Attachments #3 to #6); 4.3 Staff Comments in reviewing the applications to date, the following matters have been identified by staff for further review and consideration: • we anticipate Council's endorsement of the ESP and changes to the City's Official Plan and Development Guidelines; therefore these applications will require review with the new Official Plan policies and guidelines; • ensuring that the proposed development is compatible with, and sensitive to, existing surrounding development and provides appropriate tree preservation and/or Natural Heritage Compensation; • reviewing the applications in terms of its level of sustainable development components; • concluding arrangements respecting the provisions of appropriate stormwater management facilities to service this development; ATTACHMENT L-TO Page 5 Information Report No. 20-08 REPOR7 # PD dZ t,7 126 concluding early construction of the northerly east-west collector road between Brock Road and Tillings Road by developers to ensure a secondary access is supplied and appropriate traffic patterns for the neighbourhood is provided; • concluding the upgrading of Tillings Road by developers; • explore the variety and mix of housing form; • ensuring the proposed road design and lotting pattern do not impact on the ability of abutting properties to the south to develop in the future; • reviewing the lotting pattern along the southern boundary of the draft plan and the impacts on the City owned road allowance; • need to address the provision of noise attenuation and separation distance from the CP rail line on both the subject lands and on abutting lands to the north that are outside the plan of subdivision that are owned by ORC; • reviewing supporting technical submissions and reports to. ensure that adequate information is provided, that technical requirements are met and that the proposed development design does not impact on the ability of abutting properties to develop in an appropriate fashion; the Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public an d the conclusion of the official plan amendment applications that effect the Duffin Heights Neighbourhood. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding either the proposed plan of subdivision or zoning by-law amendment application, you must request such in writing to the City Clerk; - if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed draft plan of subdivision and/or zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the draft plan of subdivision application is considered for approval, or before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; - if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. ATTACHMENT #--.U-TO Information Report No. 20-08 REPORT # PDTPage 6 6.0 OTHER INFORMATION 127 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 the report; 6.2 Information Received - full scale copies of the applicant's submitted plan and reports are available for viewing at the offices of the City of Pickering Planning & Development Department including: • the draft plan of subdivision; • Planning Report, prepared by Sernas Associates, dated February 2008; • Phase I Environmental Site Assessment, prepared by MMM Group Limited, dated November 2007; • Noise Feasibility Study prepared by HGC Engineering, dated January 18, 2008; • Functional Servicing Report prepared by Sernas Associates, dated May 2008; - the need for additional information and/or addendums to submitted reports will be determined through the review and circulation of the applicant's current proposal; 6.3 Owner / Applicant Information - the owners of the subject lands are Ontario Realty Corporation; - the applications have been submitted by Bryce Jordan of Sernas Associates on behalf of Ontario Realty Corporation; - the representative of Ontario Realty Corporation is Graham Martin. ORIGINAL SIGNED 13y. ORIGINAL SIGNED BY Ross Pym MCIP, RPP Lynda Taylor, MCIP, RPP Principal Planner - Development Review Manager., Development Review RP:cs Attachments Copy: Director, Planning & Development ATTACHMENT # ---~L-TO 1 2 8 REPOR7 # PR DZ:irD APPENDIX NO. I TO INFORMATION REPORT NO. 20-08 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) Durham District School Board (2) Enbridge Gas Distribution (3) Canada Post (4) Durham Catholic District School Board COMMENTING CITY DEPARTMENTS (1) none received to date ATTACHMIENT TO 1 2 9 REPORT # PD b2_/D Citti Special Planning & Development Committee Meeting Minutes PICKEM,- _ Monday, September 29, 2008 7:30 pm - Council Chambers Chair: Councillor McLean PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson B. Littley B. McLean J. O'Connell D.. Pickles ABSENT: Councillor Johnson - Federaa Business ALSO PRESENT: T.J. Quinn -Chief Administrative Officer N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability G. Paterson - Director, Corporate Services & Treasurer L. Taylor - Manager., Development Review R. Pym - Principal Planner, Development Review G. McGregor- Principal Planner, Policy D. Shields -Deputy Clerk - (1) PART W- PLANNING INFORMATION MEETING 1. Draft Plan of Subdivision SP-2005-04 Zoning By-Iaw.Amendment Application A 36/05 Cougs (Tillings) Ltd. Part Lot 20, Concession 3, City of Pickering 2. City of Pickering Official Plan Amendment OPA-08/001 P Draft Plan of Subdivision SP-2008-01 Zoning By-law Amendment Application A 01/08 Mattamy (Brock Rd) Limited Part of Lots 17 & 18, Concession 3, City of Pickering 1 ATTACHMENT # TO 1 3 0 REPORT # PD OZ- fD. Cit'i 00 - Special Planning & Development Committee Meeting Minutes Monday,. September 29, 2008 7:30 pm - Council Chambers Chair: Councillor McLean 3. Draft Plan of Subdivision SP-2008-08 Zoning By-law Amendment Application A 16/08 Lebovic Enterprises Limited Part of Lot 18, Concession 3, City of Pickerinq. 4. Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Ontario Realty Corporation Part of Lot 20. Concession 3, City of Pickerinq A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted applications. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not.make oral or written submissions to the City before by-laws are passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing. unless, in the opinion of the Board, there are reasonable grounds to do so. Ross Pym, Principal Planner, Development Review, gave an overview of all zoning amendment applications noted above. Ross Pym, Principal Planner stated that they had received concerns from Kahn's Auction. Centre on how the developments would affect their private services. He noted that Kahn's Action Centre stated that their private services work very well at this time and wanted to ensure this continued. Gary Templeton and Bryce Jordan representatives for the applicants appeared before the Committee in support of the applications and to respond to any questions that may arise. Mr. Pistritto, appeared before the Committee and questioned how the developments would affect the wildlife corridor that existed in the area. Greg Hewit, appeared before the Committee and questioned how long it would be before the development started and when he would have to move. Tanya Hatley, appeared before the Committee representing her father Gerry McCoy and questioned what the developments would do to his well and 2 ATTACHMENT 7- TO 31 REPORT # PD ®2`fD Gee, 00 Special Planning & Development Committee Meeting Minutes Monday, September 29, 2008 7:30 pm - Council Chambers. Chair: Councillor McLean whether studies had been done regarding the environment and noise, along with what impact this would have on his property. Gary Templeton noted that the wildlife corridor had been considered in their . . plans and thought the link was along side the forested area and valley lands. Bryce Jordan stated that the timeline for. terminating leases would be approximately one to two years but noted that the property owner would be having further discussions with tenants. Mr. Jordan also stated that he felt the development located near his client's property would not have an impact on the lands and noted that he felt the City owned lands would affect the McCoy property more than these developments. s. i 132 ATTACHMENT # TO REPORT # .PD CSZ-f 6 December 4, 2009 Ross Pym, MCIP, RPP Planning & Development Department • City of Pickering One The Esplanade Pickering, ON L1 V 6K7 The Regional Mr. Pym: Municipality of Durham Re: Regional Comments for Duffin Heights Plan of Subdivision Planning Department Application S-P-2008-09 (Lebovic West) 605 ROSSLAND ROAD E 4T" FLOOR P.O. BOX 623 WHITBY, ON UN 6A3 Further to our preliminary comments of December 5, 2008, for the plan of (905) 668-7711 subdivision applications in Duffin Heights, we have received multiple Fax: (905) 666-6208 revisions on the proposed plan S-P-2008-09 (Lebovic West, formerly ORC). planning@ region.durham.onon. ca The latest revision, dated October 2009, consists of 132 lots for single detached units, thirty lots for 60 semi-detached units, twenty-two blocks for www.regi°n.aurham.°n.ca 134 townhouse units, a village green block, an open space block and A.L. Georgieff, MCIP, RPP roadways.. Commissioner of Planning Generally, our previous comments with respect to the Regional Official Plan, provincial policies, and delegated review responsibilities; noise (railway), archeological, natural heritage and environmental protection remain applicable. The following additional comments with respect to water supply and sanitary sewage services are offered. Water Supply The subject lands are within the planned Zone 2 pressure district and water supply is dependent on the following works: i. Construction of a 1200 mm diameter Zone 1 feedermain on Brock Road, Dersan Street and Tillings Road from Rossland Road to a Zone 1 reservoir site in Seaton. ii. Construction of a Zone 2 booster pumping station on Dersan Street in Duffin Heights. Iii. Construction of Zone 2 watermains from the Zone 2 booster pumping station to the subject lands. Upon completion of the necessary water supply works, the static water pressure will be approximately'325 kPa (46 psi). Proposed local watermain sizes should be verified to ensure that adequate fire flow capacity can be provided based on the system pressure to be provided. "Service Excellence for our Communities" ATTACHMENT #_21-TO REPORT # PD-02:10 133 Provision must be made for phasing and looping Zone 2 watermains to provide security of supply and circulation. Sanitary Sewerage Sanitary sewer service is dependent on the extension of the Central Duffin collector trunk sanitary sewer on Valley Farm Road and construction of a sanitary sewer pumping station and forcemain. The lots within the proposed development shall be serviced by sanitary sewer and water supply within the standard right-of-way width. Sewer and watermains within the rear laneways is not permitted, except for those lots with frontage on the proposed village green. Based on our preliminary comments and the above comments we have provided conditions of draft approval. The attached conditions of approval shall be complied with prior to clearance by the Region for registration of the plan. Any further revisions to the draft plan should be circulated for Regional review as revisions to the conditions of draft approval may be required. Please contact me should you have any questions or require additional information regarding this matter. GG~m Dwayne Cam bell, M.C.I.P., P.P. Project Planner - Current Planning cc: Regional-Works Department Peter Castellan ATTACHMENT #--a-TO .134 REPORT # PDT - Attachment to Letter Dated December 4, 2009 Conditions of Draft Approval for S-P-2008-09 1. The Owner shall prepare the final plan on the basis of the approved draft plan of subdivision/condominium, prepared by Sernas Associates, identified as project number 09079, as revised dated October 2009 which illustrates 132 lots for single detached units, thirty lots for 60 semi- detached units, twenty-two blocks for 134 townhouse units, a village green block, an open space block, two blocks for 0.3 metre reserves, roadways and road widening. 2. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the City of Pickering. 3. The Owner* shall submit plans showing the proposed phasing to the Region and the City of Pickering for review and approval if this subdivision is to be developed by more than. one registration. 4. The Owner shall carry out an archeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Culture.. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from.the Ministry of Culture. 5. Prior to final approval, the Owner is required to submit a reliance letter to the satisfaction of the Region or submit a Record of Site Condition (RSC) to the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an acknowledgement of receipt of the by the MOE. 6. The Owner shall grant to the Region, any easements required to provide Regional Services for this development and these easements shall be in locations and of such widths as determined by the Region. 7. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. ATTACHMENT #--E-TO REPORT # PD 135 8. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 9. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary. sewers, water supply, roads and other regional services. i TORONTO AND REGION ATTACHMENT # REPOR7 # PD y /UTO oulonservation 136, for The Living City . RECEIVED December 1, 2009 DEC O 2009 CFN 41370 XREF CFN 38029 BY E-MAIL AND MAIL CITY OF PICKERING PLANNING & DEVELOPMENT Ross Pym, MCIP, RPP DEPARTMENT Principal Planner, Development Review Planning & Development Department City of Pickering One The Esplanade Pickering, ON L1V 6K7 Dear Mr. Pym: Re: Zoning Bylaw Amendment A 17/08 Draft Plan of Subdivision S-P-2008-09 Duffin Heights Community, City of Pickering Lebovic Enterprises Limited (Lebovic West Lands) Thank you for the opportunity to review the following documents submitted in support of the proposed. Zoning Bylaw Amendment and Draft Plan of Subdivision applications: • Drawing No. DP-1, Draft Plan of Subdivision, prepared by Sernas Associates, revised July 2009, received August 24, 2009; • FSSR, prepared by Sernas Associates, dated August, 2009, received August 24, 2009. Our comments follow from our various letters related to our review of the Duffin Heights ESP, which is not at this time. fully satisfactory to TRCA. Our Understanding of the Application We understand that the proposal has been revised to accommodate 131 lots of single family residential, 28 lots of semi-detached residential, 134 units of medium density residential, and a village green block. The subject property is located within the Duffin Heights neighbourhood and is subject to Official Plan Amendment 18 (recently approved by the Ontario Municipal Board), the Duffin Heights Neighborhood Urban Design Guidelines and the Duffin Heights ESP to be revised per the on-going discussions with Sernas Associates and the City of Pickering's Engineering staff. The development limits were pre-determined in the Duffin Heights ESP when the lands were owned by Ontario Realty Corporation. The lands were subject to a Consent application and the natural heritage system has been retained in Provincial ownership. Monitoring The ESP requires that the Duffin Heights Landowner Group provide initial seed funding of $100,000 to the TRCA to implement the watershed system monitoring and management program, and $40,000 to the City of Pickering to implement invasive species management, prior to the draft approval of the first development application. The monitoring program was. initiated in 2008. TRCA staff acceptance of the approval of proposed Zoning Bylaw Amendment and Conditions of Draft Plan of Subdivision are contingent upon the receipt of this agreed-upon funding for the monitoring program. GAHome\Public\Development Services\Durham Region\Pickering\1ebovic west duffin heights_l.doc Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca x ATTACHMENT ig TO REPORT # PD Ross Pvm - Page 2 of 4 - December 1, 2009 Preliminary Review of FSSR 1 37 We will not review the details of the FSSR until such time as the ESP is finalized and a revised FSSR consistent with same is submitted. Conditions of Draft Plan of Subdivision Approval While we would prefer that the approvals be delayed until the ESP is finalized, if the City of Pickering is prepared to issue Conditions of Draft Plan of Subdivision approval, then we offer the following conditions and will provide our technical comments on a resubmitted FSSR after the revised ESP is satisfactory to all parties. 1. Prior to the initiation of grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the owner shall submit the following to the Toronto and Region Conservation Authority and the City of Pickering for review and approval: a. A revised FSSR consistent with the Duffin Heights ESP as approved by TRCA and City of Pickering; b. The FSSR shall include a detailed design for the storm drainage system for the proposed development including: i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate stormwater management practices to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design and maintenance plans for any stormwater management facilities; iv. an Erosion and Sediment Control Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007), as amended; V. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended; vi. plans illustrating how the design of SWM facility considers wildlife passages and innovative design features such as wetland forebays and outlets. C. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating, among others, how all vegetation in the natural heritage system will be protected from grading and construction impacts. d. An Edge Management Plan to the satisfaction of the City, in consultation with the TRCA. e. A Compensation Report that demonstrates how compensation for areas identified in the Duffin Heights ESP has been addressed to the satisfaction of the City, in consultation with the TRCA. GAHome\Public\Development Services\Durham Region\PickeringMebovic west duffin heights_Ldoc ATTACHMENT # q-TO REPORT # PD 0?--/0 Ross Pym - Page 3 of 4 - December 1, 2009 2. The owner shall obtain all necessary permits required pursuant to Ontario Regulation 166/06, as amended, prior to registration. 3. The owner shall enter into an agreement with the City of Pickering committing to undertake the Monitoring Program as required in the Duffin Heights ESP. 4. The owner shall provide a letter of credit to the City of Pickering for the full cost of the implementation of the plans identified in Condition No. 3. 5. The owner shall install fences along the boundary of the development blocks and the publicly owned natural heritage system. 6. A restrictive covenant shall be placed over the rear yards of all lots created adjacent to the publicly owned natural heritage system. The restrictive covenant shall have the effect of prohibiting: 1) the removal of fences along the lot line of all subject development lots; and 2) the installation of gates or other access through the fences along the lot line of all development lots. 7. That the owner agrees in the subdivision agreement, in wording acceptable to the TRCA: a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition No. 1; b. To agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA; C. To design and implement on site erosion and sediment control; d. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA; e. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA; f. To erect a permanent fence, to the satisfaction of the City of Pickering and TRCA, along the boundary of the development blocks and the publicly owned natural heritage system; g. To implement all water balance/infiltration measures identified in the approved FSSR; h. To commit to provide appropriate information to all perspective buyers of lots adjacent to the publicly owned natural heritage system through all agreements for purchase and sale, sales information, and community maps to ensure that the land owners are well informed that private use and/or access to the open space blocks shall not be permitted., and reflect the intent of the following: The open space adjacent to the subject property is considered to be part of the publicly owned natural heritage system and will be maintained for environmental protection, and public use purposes. Please note that uses such as private picnics, barbeque or garden areas; and/or the dumping of refuse (e.g. grass/garden clippings, household compostable goods, garbage etc.) are not permitted on these lands. In addition, access to the valley corridor such as private rear yard gates and/or ladders are prohibited." GAHome\Public\Deve*ment Services\Durham Region\PickeringUebovic west duffin heights_l.doc ATTACHMENT #--TO REPORT # PD 02-:1V Decembert70 2009 Ross Pvm - Page 4 of 4 = i. To convey the Open Space Block(s) associated with the valley to Toronto and Region Conservation for the nominal sum of $2 prior to the registration of the Subdivision. 8. The owner shall provide a total of $1,513 per ha [as determined by City of Pickering] contribution to the Fish Habitat Restoration Fund administered by the City for restoring fish habitats as identified in the ESP in consultation with the TRCA. 9. That the Draft Plan of Subdivision be red-line revised in order to meet the requirements of the TRCA's conditions, if necessary. The owner will be required to provide a TRCA clearance fee prior to TRCA clearing any of the Draft Plan conditions. The current clearance fee effective January 4, 2008 is $7,600 and is subject to change. Please feel free to contact me if you have any questions or if clarifications are required. Sincere] , Steven H. Heuchert, MCIP, RPP, MRTPI Manager, Development Planning and Regulation Planning and Development, 'Extension 5311 cc: Reg Webster, Sernas (via e-mail) Andrea Keeping, Se* mas (via e-mail) Lynda Taylor, City of Pickering (via e-mail) Grant McGregor, City of Pickering (via e-mail) .Bob Starr, City of Pickering (via e-mail) Marilee Gadzovski, City of Pickering (via e-mail) Scott Jarvie, TRCA G:\Home\Public\Development Services\Durham Region\Pickering\lebovic west duffin heights_l.doc ATTACHMENT # 10 To ~ REPORT # PD-__ a2__j0.0 Conseil scolaire de district Ronald Marion President du Centre-Sud-Ouest Jean-Luc Bernard O Directeur de /'education et secretaire-tresorier 14 December 9, 2008 Mr. Ross Pym MCIP RPP Principal Planner - Development Review Planning and Development Department City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Subject: City of Pickering Draft Plan of Subdivision S-P-2008-09 Zoning By--law Amendment Application A 17/08 Ontario Realty Corporation Part Lot 20, Concession.3 City of Pickering Thank you for circulating a copy of the revised draft plan of subdivision to this office for review. As you may be aware, le Conseil scolaire de district du Centre-Sud-Ouest requires two school sites in this area for the catchment area of Durham Region. Please note that the school board is confirming the need for an elementary school site of 4.0 acres and/or a secondary school site of 7.0 acres and/or a combined elementary/secondary site of approximately 10 acres to be located within Draft Plan of Subdivision S-P-2008-09. The Board intends to continue to work with the City and the developer to ascertain the most appropriate school site. Since an agreement on the location of the school site has not yet been reached, the Board would like to include the following condition in this Plan of Subdivision until such time that the school site has been finalized. "Prior to final approval, le Conseil scolaire de district du Centre-Sud-Ouest and the Owner shall come to agreement on a location for a new elementary and/or secondary school to the satisfaction of the Board." I trust the above comments are satisfactory at this time. We wish to confirm our continued interest and involvement in working with the City of Pickering on finding a suitable location for our future elementary and secondary school sites. If you have any questions or comments please contact the undersigned. Yours truly, c ~~Urecque SuzaC.C. Jean-LUc Berna d, Director of Education Catherine Gravely, Sorensen Gravely Lowes Planning Associates Inc. Siege social - 116, Cornelius Parkway, Toronto (Ontario) M6L 2K5 T61.: 416 614-0844 Secteur des affaires - 1, promenade Vanier, Welland (Ontario).1_313 IAl Tel.: 905 732-4280 www.csdcso.on,ca Fax sent by 4167559898 tly~tlG~tltf iG:4b Yg: 1/G ATTACHMENT TO REPORT # PD OZ /D 1 41 1 CAMADA POSTE Delivery Planning PH (416) 285-5385 1860 Midland Ave FX (416) 755-9800 . CANADA Scarborough On M1P 5A1 September 2, 2008 Ci of Pickering RECEIVED PI nning & Development Department 1 he Esplanade SEP 0 Z 2008 Pickering on L1V 6K7 CITY OF pICKERING PLANNING & DEVELOPMENT A ention: Ross Pyrr1 OEPARTtrtENT Re: Draft Plain of Subdivision SP-2008-09 Zoning by-law Amendment Application A 17108 Ontario Realty Corporation Part Lot 20 Concession 3 City of Pickering D ar Ross; T i!ank you for the opportunity to comment on the above noted plan. AI a condition of draft approval, Canada Post requires that the owner/developer comply with the following conditions: The owner/developer agrees to include on all offers of purchase and sale, a s~atement that advises the prospective purchaser that mail delivery will be from a designated Community Mailbox. he owner/developer will be responsible for notifying the purchaser of the exact ommunity Mailbox locations prior to the closing of any home sale. -The owneNdeveloper.will consult with Canada Post Corporation to determine suitable locations for the placement of Community Mailbox and to indicate these locations on the appropriate servicing plans. T e owner/developer will provide the following for each Community Mailbox site and include these requirements on the appropriate servicing plans: - n appropriately sized sidewalk section (concrete pad) as per municipal s andards, to place the Community Mailboxes on. Any required walkway across the boulevard, as per municipal standards. - Any required curb depressions for wheelchair access. Fax sent by 4167559896 69/62/98 12:46 Pg: 2/2 ATTACHMENT #--IJ--TO REPORT # PD 't-he owner/developer further agrees to determine and provide a suitable to . porary Community Mailbox location(s), which may. be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the p ~rmanent Community Mailbox locations. This will enable Canada Post to. pr vide mail delivery to the new residences as soon at the homes are occupied. Should you require further information, please do not hesitate to contact me at the above mailing address or telephone number. Sincerely, D bbie Greenwood D livery Planner Canada Post I ATTACHMENT #--J TO a"0 01~ i RIOTS REPORT # PD 02-/0 Oti0 O Durham Catholic District School Board ~0 0 September 8, 2009 RECEIVED = 14 3 Ross Pym, MCIP, RPP Principal Planner- Development Review SEP 1 12009 Planning & Development Department City of Pickering CITY OF PICKERING PLANNING & DEVELOPMENT One The Esplanade DEPARTMENT Pickering, Ontario. L1 V 6K7 RE: REVISED DRAFT PLAN SUBMISSION DRAFT PLAN OF SUBDIVISION SP-2008-09 ZONING BY-LAW AMENDMENT APPLICATION A 17/08 LEBOVIC ENTERPRISES LIMITED PART OF LOT 20, CONCESSION 3 -CITY OF PICKERING . Planning Staff at the Durham Catholic District School Board have reviewed the Revised Draft Plan Submission for Draft Plan of Subdivision SP-2008-09 and Zoning By-law Amendment Application A 17/08. The Board has no objection to the proposed increase in total unit count from 246 dwelling units to 321 dwelling units. This revision to Draft Plan of Subdivision SP-2008-09 will generate a student • yield of 51 students that will attend St. `Wilfrid Catholic School located at 2360 Southcroft road in the City of Pickering. Should you have any questions or concerns, please feel free to contact me. Sincerely yours, , • Gerry O'Neill, Manager, Planning and Admissions Durham Catholic District School Board Tel: (905) 576-6707 1-877-482-0722 ext. 2207 Jd 650 Rossland Road West, Oshawa, Ontario LiJ X4 Tel 905 576-6150 Toll Free 1 877 482-0722 www.dcdsb.ca Paul Pulla B. Sc., B. Ed., MSc. Ed. Director of :Education, / secretary / Treasurer 1 4 4 ATTACHMENT # I TO REPORT # PD ()Z /D 'tVxCT SC O~5 y00 August 31, 2009 lzr RECEIVED Q 03 qFp - 2 2009 0 The City of Pickering CITY OF PICKERING Planning Dept., Pickering Civic Centre PLANNING & DEVELOPMENT One The Esplanade DEPARTMENT Pickering, ON L1V 6K7 Facilities Services 400 Taunton Road East Attention: Mr. Ross Pym Whitby, Ontario L 1 R 2K6 Dear Mr. Pym, Telephone: (905) 666-5500 1-800-265-3968 RE: Proposed Revision Draft Plan of Subdivision SP-2008-09 Fax: (905) 666-6439 Zoning By-law Amendment Application A 17/08 Lebovic Enterprised Limited. .Part of Lot 20, Concession 3 City of Pickering. Staff has reviewed the information on the above noted application and has the following comments... 1. Approximately 160 elementary pupils could be generated by the above noted application. 2. It is intended that any pupils generated by the above noted plan be accommodated within existing school facilities. 3. Under the mandate of the Durham District School Board, staff has no objections. Yours truly,. Christine Nancekivell, Senior Planner I.•IPROPLAMDATAIPI,NG!SUBLSP2008-09Rcrisiou I.DOC ATTACHMENT # L q_T0 145 REPORT # PD ©2-%U ROGERSw RECEIVED moo, CABLE sEP 0 4 2009 CITY OF PICKERING August 31, 2009 PLANNING & DEVELOPMENT DEPARTMENT Mr. Ross Pym Planning & Development Department City of Pickering, Ontario Dear Mr. Ross Pym: y Re: Duffiri Heights Rogers Cable Communications Inc. ("Rogers") has reviewed the application for the above Subdivision and has determined that it intends to provide cable and telecommunications services. Accordingly, we request that municipal approval be granted subject to the following conditions: (1) Prior to registration of the plan of Subdivision, the Developer/Owner will, at its own cost, grant all necessary easements and maintenance agreements required by those CRTC-licensed telephone companies and broadcasting distribution companies intending to serve the Subdivision (collectively, the "Communications Service Providers")..Immediately following registration of the Plan of Subdivision, the Developer/Owner will cause these documents to be registered on title. (2) Prior to registration of the plan of Subdivision, the Developer/Owner will, with consultation with the applicable utilities and Communications Service Providers, prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the Subdivision, as well as the timing and phasing of installation. In addition, we kindly request to, where possible, receive copies of the following documents: (1) the comments received from any of the Communications Service Providers during circulation; (2) the proposed conditions of draft approval as prepared by municipal planners prior to their consideration by Council or any of its committees; and (3) the planners' report recommending draft approval before it goes to Council or any of its committees. 4 6 A ~tEPD # c.~~-"-i PTO REPORT Page 2 Should you require further information or have any questions, please do not hesitate to contact me at 905-436-4136. Sinc ly, ernie Visser System Planner BV/ek enclosure ~I I i 06-S1 OZI ~ C ATTACHMENT TO REPORT # PD a~°l D 147. Greater Toronto Airports Authority a. Lester B. Pearson International Airport P0. Box 6031, 3111 Convair Drive Toronto AMP, Ontario, Canada, 1_51` 1132 G T A A Airport Planning Olga Smid Manager, Land Use Planning Tel: (416) 776-7355 Fax: (416) 776-4168 (Transmitted via Facsimile 905-420-7648) August 31, 2009 Mr. Ross Pym Principal Planner - Development Review City of Pickering - Planning & Development Department Pickering Civic Complex One The Esplanade Pickering, Ontario L 1 V 6K7 Dear Mr. Pym: RE: Revised Draft flan Submissions - Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A 17/08 Lebov'ic Enterprises Ltd Part Lot 209 Concession 3 City of Pickering Thank you for providing the Greater Toronto Airports Authority (GTAA) with a copy of the above-noted applications. We have reviewed the revised proposal to develop 131 single family dwellings, 56 semi- detached dwellings and 134 townhouses (321 total units) on the subject property in an area that is designated as "Regional Node 1" and "Natural Area in the Pickering Official Plan, and offer the following comments: The GTAA released its Draft Plan for the Pickering Airport Lands in November 2004. The Draft Plan proposed that the prohibition of sensitive land uses be defined by the 25 NEF contour for the GTAA's proposed runway configuration, This is consistent with Transport Canada's recent revision to its guideline for "Land Use in the Vicinity of Airports" (Publication TP 1247E) to recognize the 25 NEF as the new standard for non-urban airports. The subject property is located outside of the 25 NEF. Noise contour for the proposed airport. OS/KTL/PD Land Use/Zoning 8131/2009 10:02 AM l 06-31 IUD ATTACHMENT #.~Q.5-TO REPO, T # PD---P-Z- X48 48 Mr. Ross Pym - August 31, 2009 GTAA Paget If the airport proceeds, further refinements to the runway configuration recommended in the Draft Plan may be necessary as new environmental and operations /engineering information becomes available, either through the environmental assessment process or during design of the facilities. Such refinements could potentially alter the location of the 25 NEF Contour, However, it is our position that the location of the property owned by Lebovic Enterprises Ltd. and located on Part of Lot 20, Concession 3..in the City of Pickering, would not be impacted by potential refinements to the proposed runway layout. The GTA.A therefore has no objection to the future proposed development of 321 residential units on the site. If you have any questions, please feel free to contact Kathryn Tracey-Leitch, Senior Land Use Planner, at 416-776-4012. Yours very truly, GREATER TORONTO AIRPORTS AUTHORITY Olga Smid Manager, Land Use planning ~a FSC Mixed sources 8/312009 11:20 AM OS/KTL/Land Use/2oning mie~acao ATTACHMENT #___Uv_TO nr' kEi'OR7 # PD 02 =i '•y Pickering Civic Complex G.-til o One The Esplanade ~ Pickering, Ontario i. Canada.L1V 6K7 I V.- NG 1 Dinrect Access 905.420.4660 A. ?9 O t r s Toll Free 1.866.683.2760 rJE~ i .aPME~4 . LA rNiJ3i~l ME11 ; cityofpickering.com PUUNNING & DEVELOPMENT DEPARTMENT. ~ - - - Department 905.120.4617 49 Facsimile 90::.420.7645 planR,zdevl(citypickeri.ng.on.ca"C August 25, 2008 Real Estate Services Land Use Planning Hydro One Networks Inc. P.O. Box 4300 Markham, ON L3R. -5Z5 Subject: Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A. 17/08 Ontario Realty Corporation Part Lot 20 Concession 3 City of Pickering We are circulating a new application for your review and comments. We respectfully request your response within 60 days. This application has been deemed to be complete. If your comments are for refusal or deferral of the application, please provide your justification for your position. If your comments are for approval of the application, please provide a list of any conditions of approval, as well as comments on any matters related to the applications. Please find the following attached copy(s) of the draft plan and/or 'copy(s) of the application form. Please call me at 905.420.4660, extension 2034, if you have any questions. Yours truly -~a We have . re'1!Swed the: applicailon concerning this. s/~,~ A ~vbdivisioru'con~io^~ia's m pFOposal. Hydro One has .40 OBJECTION In principle to the proposed -Dian as presently laid ow. Riease he advised that n:a further eormspondence !s oRgorsd concerning this Ross Pym, MCI UP sl,erii icoc4o t+nium. Principal Planner - Development Review 4 per Senior Real Estate Coordinate, RP: CS Hydr4One Networks lnc. o V pl- files/ORC-OH -Vdrudali- W., Ig agen'J.5 Attachments Laura Giunta Hydro One ATTACHMENT # TO 150 REPORT # PD CoodENBRIDGE ENBRIDGE GAS DISTRIBUTION INC. 500 Consumers Road.. North York ON M2J 1P8 AUGUST 27TH, 2009 Mailing Address P.O. Box 650 Scarborough ON M1K 5E3 ROSS PYM, MCIP, RPP PRINCIPAL PLANNER - DEVELOPMENT REVIEW RECEIVED, CITY OF PICKERING PICKERING CIVIC COMPLEX CFP - 2 2009 PLANNING & DEVELOP. DEPT. CITY OF PICKERING ONE THE ESPLANADE PLANNING & DEVELOPMENT PICKERING ON L1V 6K7 DEPARTMENT Dear Sirs: RE: REVISED DRAFT PLAN SUBMISSION DRAFT PLAN OF SUBDIVISION SP-2008-09 ZONING BY-LAW AMENDMENT APPLICATION. A 17/08 LEBOVIC ENTERPRISES LIMITED PART LOT 20 CONCESSION 3 CITY OF PICKERING Enbridge Gas Distribution requests that the following conditions be included in the subdivision agreement: 1. The developer is responsible for preparing a composite utility plan that allows for the safe installation of all utilities, including required separation between utilities. 2. Streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities. 3. The developer shall grade all streets to final elevation Drior to the installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary. field survey information for the installation of the gas lines. 4. It is understood that the natural gas distribution system will be installed within the proposed road allowance. In the event that this is not possible, easements will be provided at no cost to Enbridge Gas Distribution Inc. ATTACHMENT #--I:-TO REPORT # PD Enbridge also requests that the owner. / developer contact our Regional Sales Development department at their earliest convenience to discuss installation and clearance requirements for main, service and metering facilities. Yours truly, /r Tony Ciccone Manager, Network Analysis Distribution Planning (416) 758-7966 (416) 758-4374 - FAX TC: SEP-29-2008 MON 01;15 PM veridian ATTACR1ENT #-TO 152 REPORT # PD OZ-l D VERIDIAN C 6 N N N E C T T 1I 0 O N N 5 5 DEVELOPMENT APPLICATION :RE'V'IEW CO PROJECT NAME: Ontario Realty Corporation ADDRESS/PLAN: Parr :L or 20, Concession 3 MUNICIPALITY: Pickering R F NO.: SP-2008-09 & A 17/08 SUBMISSION DATE: August 25, 2006 The following is an overview- of the general requirements Clip-Applicant: is likely to meet in order to obtain a complel:e clecnicnl power supply system to this site and within the. site where subdivision in some form is involved. J.".lac comments below are based on preliminatIr information only and are subject to revision. In all cases Veridian's standard Condilinns of Service dnc~uncnl: sets out efe rcgniscmeura, terms =d conditions for the provision of electric service. This review dots not constitute an Offer to Connect,. 1, Electric service is not currently available on the road allowance(s) directly adjacent I:o rhis prolierry. Servicing may be from proposed switchgear at future school or temporuy 3 phase overhead extension un.d Veridian's supply voltage will lie at 27.61~17. 2. An Expansion will he required. Veridian'h existing distribution facilities roust be extended on the road allowance and/or upgraded in order to reach this project. Existing conditions and municipal requirements will determine whether this may be overhead, underground, or a combination. Within residential developments all such expansions are underground. 3, lndivithial metering for: each trait is required. 4. A high voltage dizect 1)ilded ducted loop underground cable system is required from the proposed s4PPly point(s) at Tillings Road to a transformer location(s) an dle property, all at the Applicant's cost. 5. Veridian's existing distribution facilities located on Tilliags Road may leave to be replaced or relocated at the Applicant's cost ro accommodare I:he proposed 3 phase line and site egress, 6. A Servicing Agreement must be signed with Vericlian in order to obtain servicing for taus site. 7. 'l'ine electrical ins.rallation(s) from the public road allowance up to the service a trance and all mcrering arrangements must comply with Veridinn's requirements and specifications and mny also be subject to the requirements of the Electrical Safety Authority. H. 'L'ire Applicant will be required to grant to Veridian a standard occupation casement, registered on tide,,for Switehgear/ transformer. 9. Prior to obtaining a building permit, the Municipality may regceire tlae Applicant to provide evidence of having obtained and accepted an Offer to Connect. SEP-29-2008 MON 01;15 PM veridian ATTACHMENT #--[-'b-TO REPORT # PD__ 1 r. 3 10. Where cranes or material handling egLaipmenC or workers must work in proximity to existing ovcnccaa wires, Avhcrc there is risk of contact or coming within the limits of approach, the Applicant shall pay all costs for the I:eLnporary relocation, Uutial, or oilier protection of the wires, or whal:ever other action is deemed nectssaay by Vcr dian to provide .for worker safety and the security of tilt electrical system. 11. Landscaping, specifically trees, slvubs, other should be located away from Veridian's transformer, switehgear, poleline, to avoid ull:erference with.eqment access yid future growl:h. Lopsided appearance of IiGeB from rimming may .tcsult. 12. Veridi.an will not attend scheduled City of Pickering DART Meeting for this Development, 13. Veridian has no objection to the proposed development. Pie asc direct the Applicant to contact Vcridian as soon as servicing is contemplated, Municipality, please forward a copy of first submission civil designs Co VexidLan. Please note Chat an Offer to Connect must be coinpleted at least Ilu-ce (3) /six (0) months prior to tbe requited tlecnaical scivi.cing date. Technical Representative, Jordon Young, C.Tech. TeleplloLie: Ext. 3242 P'P/df P:\dfii22ell\Devclopnlent Application Review\Picktring\2008\Ontario Realty Corporation - Part Lot 20, Concessiorl 3.doc 1 Pagc 2 of 2 17orm #E00002 Veridian Connections Development Application Review Rev. Daatc -,iu1.y 15, 2008 . ATTACHMENT #-.-TO REPORT # PD 02-12 1 54 EIVED Be// E C El O CT 1 6 2008 CITY OF PICKERIN a Development & Municipal Services Control Centre PLANNING & DEVELOPMEW Floor`5, 100 Borough Drive DEPARTMENT Scarborough, Ontario M1P 4W2 Tel: 416-296-6291 Toll-Free: 1-800-748-6284 .Fax: 416-296-0520 October 8, 2008 Town of Pickering Planning Department 1 The Esplande Pickering, Ontario L1V 6K7 Attention: Ross Pym Dear Sir/Madam: RE: Draft Plan of Subdivision N/W cor Tillings Rd & Township Rd Your File No: SP-2008-09, A 17/08 Bell File No: 43413 Further to our comments of September 4, 2008 Bell Canada is pleased to provide the following additional comments. A detailed review of the Draft'Plan of-.Subdivision has been completed and a telecommunication facility easement will be required to service these lands. The Draft Plan of Subdivision should be revised to reflect a 10m X 10m easement. The Applicant will be required to contact Sue Duquette at 905-853-4019 to make appropriate arrangements prior to the issuance of fina•1'plan approval. The precise location shall be to the satisfaction of the Town, Bell Canada and the Developer. The following paragraph(s) are to be included as Conditions of Draft Plan of Subdivision Approval: 1. The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such.infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of „ communication/telecommunication services for emergency management services vancouver 2010 ( i . e . , 911 Emergency Services). PREMIER NATIONAL PARTNER - ATTACHMENT # I TO REPORT # PD OAF/ D 1 55 2. The owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to . final servicing decisions. In the event of any conflict with existing . Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements. If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for re-arrangements or relocations. Should you have any questions.please.contact Janice M. McConkey at 416-296-6430. Yours truly John La hape4le, MCIP, RPP Manager - Development & Municipal Services, Ontario t Aug. 28. 20019 9;03AM ATTACHMENT #---2. TO 5 6 REPORT # PD~QZ`r D Pickering Civic Complex Cclf co One The Esplanade I I 9 CanadaL11V 6K7 I I Direct Access 905.420.4660 Toll Free 1.866.683.2760 cityofpickering. corn PLANNING & DEVELOPMENT DEPARTMENT Department 9 Facsimil '905.420,768 plan&d RECEIVED., n.ca ` August 19, 2006 AUG 2 8 2009 Subject: Revised Draft Plan'Submission CITY NG & PEVELOP NG J PLANNING DEVELOPMENT • Draft Plan of "Subdivision SP-2008-09 DEPARTMENT Zoning By-law Amendment Application A 17/08 Lebovic'Enterprises Limited Part Lot 20 Concession 3' City of Pickering Attached please find copy(ies) of a draft plan'of subdivision regarding the subject application. Return of your comments/conditions within four (4)-weeks of the above, date would be appreciated. If you have any questions, please contact Ross Pym at extension 2034. ' Second submission of Pro0osed draft plan of subdivision.., Attached is a copy of the second submission .of the draft plan of subdivision. Lebovic Enterprises Limited has ' acquired the subject lands from' Ontario Reality Corporation and have submitter the rp •~sed draft plan of subdivision. Ross Pym, MCIP, RPP Principal Planner Development Review Attachment(s) COMMENTS/CONDITIONS: ; We have no objections- , not a s d b Sivned: a4r1P I'rfy'nlQit`~ -Date: `iIRCULATION LIST: ❑ Mayor & Councillors Q' Veridian Corporation' ❑ Chief Administrative Officer El Bell Canada 0 City Solicitor CSI Rogers Cable ❑ City Clerk El Enbridge Gas ❑ Fire Chief , TRCA ❑ . Director, Cor•porate'Services. and TreasOrer ❑ CLOCA ❑ Director, Planning and Development 0 Hydro• One Networks Inc. ❑ Director, Operations and Emergency Services ❑ -'Ontario Power Generation' ❑ Division Head, Culture-and Recreation ❑ Ministry of Transportation O Division Head, Municipal Property and Engineering' D GO Transit " ❑ Manager, Development Control B CNR ❑ Manager of Transportation El. CPR FEB 26 009 :;TT;',,i,NifENT# TO REPORT # PD 8 Id 157 • Ministry of Culture Mlnist8ra de la CLINre 1 Culwre Programs Unit Unit6 des programmes culturels Programs and Services Branch - -Direction des programmes et des services Ontario 400 University Avenue, 4 floor 400, avenue University, a Mage Toronto, ON, WA 2R9 Toronto, ON, WA 2fl9 Telephone: 416-314-0713 T616phone: 416314-0773 Facsimile: 416-314-7175 T616copieur. 4163147175 Email : NoftrtSanchy®on1ar1o.ra Farah : M:dwt1.Smnch1y®anrario.ca _ I February 26, 2009 I Dr. Richard Sutton Archaeological Assessments Ltd. i 2227 Wuthering Heights Way Oakville ON L6M OA3 RE: Review and Acceptance into the Provincial Register of Reports: Archaeological Assessment Report Entitled, "Stage 1-2 Archaeological Assessment of the Ontario Realty Corporation Duffin Heights Property, Project No. D70848, Part of Lot 20, Concession 3, City of Pickering, Regional Municipality of Durham", Report Dated January 2008, Report Received ,April` 16, i 2008, MCL Project Information Form Number P013-367-2007, MCL RIMS Number 18OR003 Dear Dr. Sutton: i This office has reviewed the above-mentioned report, which has been submitted to this Ministry as a i condition of licensing in accordance with Part VI of the Ontario Heritage Act, R.S.O. 1990, . e 008. This review is to ensure that the licensed professional consultant archaeologist,has met the terms and conditions of their archaeological licence, that archaeological sites have been identified and documented according to the 1993 technical guidelines set by the Ministry and that the archaeological fieldwork and report recommendations ensure the conservation, protection and preservation of the cultural heritage of Ontario. As the result of our review, this Ministry accepts the above titled report into the Provincial register of archaeological reports. No archaeological sites were documented. It is recommended that there are no further concerns for alterations to archaeological sites for the area that has undergone archaeological assessment. This Ministry concurs with this recommendation, i Given the above, this Ministry is satisfied that concerns for archaeological sites have been met for the area of this development project as depicted by Figure .2 of the above titled report. Should you require any further information regarding this matter, please feel free to contact me. Sincerely, i Norbert Stanchly A/Archaeology Review Officer cc. Archaeological Licensing Office i Frank Dieterman, Ontario Realty Corporation i Development Review, City of Pickering Lynda Taylor, Yn Yfor~ ~ Y € i ATTPICHIISENT #_2z2._T0 REPORT # PD City O~ PICKERING MEMO To: Ross Pym November 23, 2009 Principal Planner - Development Review From: Robert Starr Manager, Development Control Copy: N/A Subject: Revised Draft Plan Draft Plan of Subdivision SP-2008-09 Zoning By-law Amendment Application A17/08 Lebovic Enterprises Limited, Part Lot 20, Concession 3 City of Pickering We have reviewed the above noted application and provide the. following comments: 1) Noise attenuation and vibration report to be revised. 2) Chain link fencing, as a minimum, will be required as follows: a) East flankage Lot 1 b) Rear of lots 1 to 20 c) West flankage of lot 20 d) North flankage of lot 32 e) Rear of lots 32 to 38 f) West side of Lot 61 & 62 g) Rear of lot 89 to 103 h) On south flankage of lot 103 Fencing should comply with City standards and applicable fencing By-law. 3) Satisfy the City with regard to the establishment, within this development, of a geodetic benchmark that ties into the existing City of Pickering benchmark system. Number and placement to be established during detailed design. 4) Roads to be constructed as per City of,Pickering Design Standards as identified in the approved ESP and as per detailed engineering plans. ATTACHMENT #~TO REPORT # PD b lD 159 5) A 2.0 metre road widening will be required from the east limit of the plan, from the south limit of the plan to street "E" ("C"). The widening to provide a 22 m R.O.W. for Tillings Rd. 6) Tillings Rd. to be reconstructed to 22m R.O.W. as per City standard, across frontage of site. Cost sharing to be addressed in the subdivision agreement. 7) Reconstruction of Tillings Rd. south of SP-2005-04 to be a condition of approval and cost sharing addressed in the subdivision agreement. 8) Street "A" is required to be a 17.Om R.O.W. 9) Street D & C may need to become a 16.Om R.O.W to accommodate the trail system. 10) Storm sewer and stormwater management to be completed in accordance with approved ESP, functional servicing and, stormwater report and detailed engineering plans. 11) Satisfy the City with regard to their contribution to the City's stormwater management maintenance fee. 12) Development of this draft plan will be dependant on the acquisition of lands for and. construction of a Stormwater Management Pond to the satisfaction of the City. Easements will be required for the outfall and access to the outfall. 13) City will require easements and access roads to the infiltration trench on ORC lands behind lots 15 to 20 14) Traffic management plan will be required to identify all traffic signage, including street name sign, traffic control signs and applicable warning and information signs/markings. This plan must take into consideration proposed development beyond the limits of this site. 15) A utility coordination plan will be required for this development and must address all utilities, boulevard tree planting, driveway aprons, Canada Post, etc 16) A construction management plan will be required to address such items as, but not limited to erosion and sediment controls during all phases of construction including inspection and maintenance requirements, controlled access locations, vehicular parking of site workers and trades during all phases of construction , material stockpiles, construction compound, street cleaning, etc. November 23, 2009 Page 2 Draft Plan of Subdivision SP2008-09 Zoning By-law Amendment Application A17/08 Lebovic Enterprises Limited r ATTACHMENT # 2'L TO REPORT # PD__ 02.-l b `the north, east/west road connection between T.illings Road and Brock Road must be constructed to the satisfaction of the City and as a condition of draft approval for this development. Cost sharing to be addressed in the subdivision agreement. 18) Sidewalks will be required as follows: a) Both sides of any 17.Om ROW (Street "B" & "A") b) On 15.5 m ROW i. outside loop of street E & F (C) ii. south side of street C M. outside loop of street D 19) As a condition of Draft approval applicant must enter into a Subdivision Agreement with the City that must address such matters as, but not limited to, cost sharing,. completion time limits, maintenance and monitoring, easements, roads, servicing, stormwater management, easements, fencing, lot grading/sodding, boulevard tree planting/landscaping, driveway aprons, traffic management, utilities, securities and insurance. 20) Construction and servicing of "Township. Road" should be a condition of draft approval, with conveyance, construction and cost sharing addressed in the subdivision agreement. 21) Access, to the satisfaction of the City must be available at all times (24 hrs/day 7 days/week) for the City's Operations Centre, during any servicing/reconstruction work on Tillings Road. RS:jlm JADocuments0evelopment ContropBOBSTARRVnemoslapplicetionsWmfl plan\Ross\FINAL SP2006-09.doc November 23„2009 Page 3 Draft Plan of Subdivision SP2008-09 Zoning By-law Amendment Application A17/08 Lebovic Enterprises Limited