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HomeMy WebLinkAboutJanuary 13, 2020Cty oh DICKERING Planning & Development Committee Meeting Minutes January 13, 2020 Council Chambers — 7:00 pm Chair: Councillor Cumming Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming D. Pickles Absent: B. McLean Also Present: M. Carpino K. Bentley C. Rose S. Cassel D. Jacobs N. Surti M. Kish T. Bal L. Harker - Director, Community Services & Deputy CAO - Director, City Development & CBO - Chief Planner - City Clerk - Manager, Policy & Geomatics - Manager, Development Review & Urban Design - Principal Planner, Policy - Planner II - Deputy Clerk 1. Disclosure of Interest No disclosures of interest were noted. 2. Statutory Public Meetings Councillor Cumming, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Local Planning Appeal Tribunal (LPAT), and may not be entitled to be added as a party to the hearing unless, in the opinion of LPAT, there are reasonable grounds to do so. Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 1 Cty oh DICKERING Planning & Development Committee Meeting Minutes January 13, 2020 Council Chambers — 7:00 pm Chair: Councillor Cumming 2.1 Information Report No. 01-20 Zoning By-law Amendment Application A 13/19 Draft Plan of Subdivision Application SP -2019-03 Draft Plan of Condominium Application CP -2019-04 10046043 Canada Inc. & C. Wang Lots 14, 29 and 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492 (1950 & 1952 Fairport Road) A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above -noted application. Tanjot Bal, Planner II, appeared before the Committee to provide an overview of Zoning By-law Amendment Application A 13/19. Through the aid of a Power Point presentation, she outlined the subject lands, the Draft Plan of Condominium, and the key concerns and issues raised by Staff and the public. Brian Moss, Brian Moss & Associates, appeared before the Committee representing the applicant. Mr. Moss noted that the community meeting held in November provided a good opportunity for open dialogue with residents, and that he was in attendance to continue to address any concerns. Dr. Brian Freund, 829 Taplin Drive, appeared before the Committee to express his concerns relating to the fiscal and environmental responsibilities of the application. Through the aid of a Power Point presentation, Dr. Freund noted that in the common elements concept of design, private roads, sidewalks, and the stormwater management system will be owned by the condominium corporation, rather than the municipality. He noted concerns regarding this ownership as it relates to infrastructure lifespan and maintenance, capacity of the stormwater management system and associated costs that would be borne by the owners should the infrastructure need to be upgraded or replaced. Dr. Freund raised further concerns of these costs being placed on the taxpayers should the owners default on payments and stated that the solution would be to consider eliminating the common element design, and bring the structure under municipal standards that would be maintained by the City. He also noted that environmental site assessments have demonstrated contaminated fill on the site, and that although Terrapex Environmental Ltd., has identified that these areas pose no risk to humans, there are still concerns. Dr. Freund requested that Council seek the removal of this contaminated soil and the drainage pipes into the creek prior to replanting the buffer, and if the top of the bank is also contaminated, that the buffer zone dimensions be revisited. 2 Cty oh DICKERING Planning & Development Committee Meeting Minutes January 13, 2020 Council Chambers — 7:00 pm Chair: Councillor Cumming Janice Freund, 829 Taplin Drive, appeared before the Committee to express her concerns relating to the public confidence in the development submission and approval process. Through the aid of a Power Point presentation, Ms. Freund noted that the application meets all requirements, but falls short in providing a complete rendering of the situation. She noted that the maps and reports used as source material are based on faulty data, and that the location of the Dunbarton Creek is inconsistently documented, stating that the correct identification of the Creek's location may impact the development setback. She expressed concerns relating to the contamination of Dunbarton Creek and soil contamination adjacent to the creek, noting that the drainage pipes should also be tested for contamination. Martin Lavoie, 849 Taplin Drive, appeared before the Committee, representing a coalition of 49 households that are located within 150 metres or less of the development site. Through the aid of a Power Point presentation, Mr. Lavoie noted the coalition was in opposition to the application due to inconsistencies with several applicable Policies and Plans and noted concerns with the application including: - the negative impact on biodiversity; - significant impacts on water balance and erosion; - the underestimation of increased traffic caused by the development; increased water flow, flooding and erosion on the site due to climate change; - the increase in density by 500%; the current Dunbarton neighbourhood, mainly comprised of private detached dwellings, and the inconsistency of implementing a condominium development in the neighbourhood; - the unsuitability of the site which is a significant valley land, subject to flooding and erosion; - impacts to many endangered species in the area; insufficient existing infrastructure and schools in the area; - an insufficient number of parking spots for 30 dwellings; inadequate snow removal and disposal provisions; and, - excessive floodlight pollution from car headlights that will shine directly into the homes of houses located on the East side of Fairport Road. Peter Arndt, 1954 Fairport Road, appeared before the Committee to express his concerns regarding the application. Mr. Arndt noted that he is not opposed to the development, but has some concerns with how this development will be built. He noted that he is concerned with the watershed plan, noting that if the pipe is disturbed or eliminated, it could cause problems with flooding or drainage. Mr. Arndt also noted that the notice that went out to residents is not an accurate 3 Cty oh DICKERING Planning & Development Committee Meeting Minutes January 13, 2020 Council Chambers — 7:00 pm Chair: Councillor Cumming depiction of the subject lands, and that the map should be revised and the developer required to re -submit the revised maps. There were no further delegations from the public. A discussion period ensued with City Staff, Brian Moss, and Members of Council regarding: - whether the TRCA was aware of the contamination of the lands and the trees that have been removed; - what assurances the City will be given that the soil is no longer contaminated prior to the development moving forward; and, - condominium corporations versus municipally owned property and associated advantages if the property is municipally owned. Members of the Committee requested that the following items be addressed when the recommendation report is brought back to the Planning and Development Committee: - parking; - replacement of the trees that were removed on the property; - density; traffic concerns; - exiting vehicles from the site and car headlights shining into the homes of residents that front onto Fairport Road; - clarification as to the future development block, and whether there will be future development on this site; - steps taken to mitigate future flooding in the area; the role of the Provincial Policy Statement in this application; - additional information regarding site conditions and fill contamination; the issue of snow removal, and where the snow will be displaced; - a commentary on the wetland area that had been removed and whether this has been accounted for in the mapping; and, - how this application would measure up to Infill and Replacement Housing in Established Neighbourhoods Study had it already been in place. Catherine Rose, Chief Planner, appeared before the Committee to respond to comments regarding the additional reports requested from the TRCA and other agencies. She advised the Committee that Planning Staff will compile all of the comments received and provide to the Applicant, who will then prepare the requested reports. Ms. Rose noted that the timing of when the Report will come back to Council for approval is dependent upon how many reports are required to be completed by the Applicant. Brian Moss, Brian Moss & Associates, confirmed 4 Cty oh DICKERING Planning & Development Committee Meeting Minutes January 13, 2020 Council Chambers — 7:00 pm Chair: Councillor Cumming that fill contamination will be removed from the site prior to development and that the Region of Durham would have to be satisfied with the Record of Site Condition prior to moving forward with the development. 2.2 Information Report No. 02-20 Zoning By-law Amendment Application A 12/19 A., I. & S. Doria Part of Lot 29, Broken Front Range 3, Part 1 on 40R-5415 & Parts 2 to 5 on 40R-5809 (698 & 682 Kingston Road) A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above -noted application. Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. Tanjot Bal, Planner II, appeared before the Committee to provide an overview of Zoning By-law Amendment Application A 12/19. Through the aid of a Power Point presentation, Ms. Bal provided an overview of the property location and applicant's proposal, and an overview of the planning and design comments. There were no delegations from the public. Christopher Hall, Planner, WSP Canada Group Limited, appeared before the Committee representing Shell Canada. Mr. Hall noted that they recognize and acknowledge this as a key corner of the City, and are looking to create an attractive corner with a public art piece to serve as a landmark for the City. A question and answer period ensued between Members of Council and Christopher Hall regarding buffering between the property to the north, and if the Applicant would be reaching out to the existing developer to obtain feedback on buffering designs. Mr. Hall noted that the automobile shop currently located on the property will be removed, and that a noise attenuation fence, enhanced landscape buffer, and new fencing will be erected. Questions were raised regarding the signage on Whites Road, and whether there was any flexibility to move this sign. Mr. Hall confirmed that they are awaiting feedback from the Region regarding whether there is any contaminated soil on site, and if cleanup will be required. 5 Cty oh DICKERING Planning & Development Committee Meeting Minutes January 13, 2020 Council Chambers — 7:00 pm Chair: Councillor Cumming 3. Delegations 3.1 David Riley, Principal, SGL Planning & Design Inc. Paul Lowes, Principal, SGL Planning & Design Inc. Re: Report PLN 01-20 Infill and Replacement Housing in Established Neighbourhoods Study Planning Options Report (Phase 2 Report) David Riley, Principal, SGL Planning & Design Inc., was heard under Item 4.2, Report PLN 01-20. 3.2 Craig Marshall, Marshall Homes Re: Report PLN 01-20 Infill and Replacement Housing in Established Neighbourhoods Study Planning Options Report (Phase 2 Report) Craig Marshall, Marshall Homes, was heard under Item 4.2, Report PLN 01-20. 4. Planning & Development Reports 4.1 Director, Corporate Services & City Solicitor, Report LEG 01-20 Lebovic Enterprises Limited — Plan of Subdivision 40M-2479 - Final Assumption of Plan of Subdivision - Lots 1 to 30, Blocks 31 to 50, 52, 53 and 54, Plan 40M-2479 - Parts 1, 5, 7, 9, 11 and 13, 40R-26332 (William Jackson Drive) Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1. That William Jackson Drive, Earl Grey Avenue, Carousel Drive, Tally Street, Carousel Mews, Calico Mews, Starboard Mews within Plan 40M-2479 and William Jackson Drive within Parts 1, 5, 7, 9, 11 and 13, 40R-26332 be assumed for public use; 2. That the works and services required by the Subdivision Agreement within Plan 40M-2479 and Parts 1, 5, 7, 9, 11 and 13, 40R-26332, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except for Block 51; 6 Cty oh DICKERING Planning & Development Committee Meeting Minutes January 13, 2020 Council Chambers — 7:00 pm Chair: Councillor Cumming 3. That Lebovic Enterprises Limited be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M- 2479 and Parts 1, 5, 7, 9, 11 and 13, 40R-26332, save and except from Block 51; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 4.2 Director, City Development & CBO, Report PLN 01-20 Infill and Replacement Housing in Established Neighbourhoods Study Planning Options Report (Phase 2 Report) David Riley, Principal, SGL Planning & Design Inc., appeared before the Committee to provide an overview of the Infill and Replacement Housing in Established Neighbourhoods Study, Phase 2. Through the aid of a Power Point presentation, Mr. Riley provided an overview of the study background and purpose, noting that the purpose of Phase 2 was to build upon issues and key elements identified in Phase 1 of the study. He noted that Phase 2 of the study was to determine the various tools that can be used to address neighbourhood character and identify options to address the issues, which resulted in the creation of a preferred strategy. Mr. Riley outlined the public engagement opportunities undertaken to establish a strategy and the next steps. A question and answer period ensued between Members of Council and David Riley regarding: - the benefit of breaking the project into 3 Phases, allowing for checks and balances as well as the ability to obtain feedback and change course if required; the number of precincts identified in the plan, with the main difference in these precincts being lot coverage; - whether this Study includes permit parking on private properties; - timeframes for the completion of Phase 3; - the importance of performance standards and guidelines to enable enforcement; - the recommendation of a private tree by-law, which would include protection, replacement and compensation measures; how many people participated in the survey and whether the number of people in newer or older homes was identified; and, whether Phase 3 will include any recommendations for the waterfront node. 7 Cty oh DICKERING Planning & Development Committee Meeting Minutes January 13, 2020 Council Chambers — 7:00 pm Chair: Councillor Cumming Craig Marshall, Marshall Homes, 714 Simpson Avenue, appeared before the Committee to express concerns regarding Report PLN 01-20 stating that due to the low community engagement response, he was concerned that the silent majority are not aware of what this Report could mean for their house values. He noted that the results of this Study could result in reduced land values and lower assessment, and recommended that the City reach out to MPAC to determine the impacts. Mr. Marshall suggested that architectural control could be obtained through the Committee of Adjustment, which is similar to a process in the City of Toronto. He also noted that the Provincial Policy Statement is now encouraging second entrances in homes, and that infill development will not be able to accommodate this under the proposed provisions of the study. A brief question and answer period ensued regarding the preferred height of homes for today's market, and whether infill development can be accommodated within a premium housing community with the demand for higher structures. A discussion period ensued between Members of Council and City Staff regarding: - whether Council will have final approval of all guidelines and specific provisions; whether the proposed guidelines are too prescriptive; - timelines for completion of Phase 3; enforcement mechanisms for a design guidelines strategy; - staffing requirements for enforcement and implementation of the guidelines; and, - the inclusion of a new Tree Preservation By-law. Recommendation: Moved by Councillor Brenner Seconded by Councillor Butt 1. That the Infill and Replacement Housing in Established Neighbourhoods, Planning Options Report (Phase 2 Report) prepared by SGL Planning & Design Inc., dated December 2019, be received; and, 2. That Council authorize City Development staff to proceed with Phase 3 of the Infill and Replacement Housing in Established Neighbourhoods Study. Carried 8 Cts og DICKERING Planning & Development Committee Meeting Minutes January 13, 2020 Council Chambers — 7:00 pm Chair: Councillor Cumming 5. Other Business There were no items of other business. 6. Adjournment Moved by Councillor Butt Seconded by Councillor Brenner That the meeting be adjourned. The meeting adjourned at 9:35 pm. 9 Carried