TOWN OF WHITBY REPORT RECOMMENDATION REPORT

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TOWN OF WHITBY REPORT RECOMMENDATION REPORT REPORT TO: Planning and Development Committee REPORT NO: PL 4-08 DATE OF MEETING: January 21, 2008 FILE NO(S): MI-01-07 (SW- 2002-03) PREPARED BY: Planning

1 TOWN OF WHITBY REPORT RECOMMENDATION REPORT REPORT TO: Planning and Development Committee REPORT NO: PL 4-08 DATE OF MEETING: January 21, 2008 FILE NO(S): MI (SW ) PREPARED BY: Planning Department LOCATION: Part of Lots 24 & 25, Conc. 6 REPORT TITLE/SUBJECT: Minor Redline Application Sorbara/Tribute Holdings Inc. Brooklin Meadows (West) 1.0 RECOMMENDATION: 1. That Council approve the minor redline amendment to draft approved plan of subdivision Brooklin Meadows (West) SW , shown on Attachment #2, as proposed by Sorbara/Tribute Holdings Inc., subject to the comments and conditions contained in Planning Report, Item PL That Condition Number 1 of draft approved plan dated April 29, 2005, be amended to reflect the redline plan approval. 3. That Staff be authorized to prepare a subdivision agreement for the future phases of the draft approved subdivision. 4. That the Mayor and Clerk be authorized to execute the subdivision agreements; and, 5. That the Region of Durham be advised of Council s decision. 2.0 EXECUTIVE SUMMARY: A minor redline subdivision application has been submitted by Sorbara/Tribute Holdings Inc. for the Brooklin Meadows (West) draft approved subdivision for the purpose of reducing the approved minimum unit yield from 892 to 831 units. This represents a reduction of 61 units for the overall subdivision plan or 6.8% of the current draft approved minimum unit yield.

2 Report No.: PL 4-08 Page 2 of 13 The actual reduction in minimum unit yield will result in a 3.9% or 35 unit reduction in the overall plan given the unit yield attained through three (3) phases of registered plans. The redline amendment conforms to the Brooklin Secondary Plan of the Town s Official Plan and does not require any amendments to the zoning by-law for the subdivision. A minor amendment of this nature does not require a public meeting under the Planning Act. 3.0 ORIGIN: The Developer is requesting the minor redline approval to the current draft approved plan in order to increase the lot sizes for the neighbourhoods and blocks north of Carnwith Drive (see Attachment #1). 4.0 BACKGROUND: The Brooklin Meadows (West) subdivision SW , was draft approved (as amended) on April 29, The subdivision plan has been developed in three (3) phases comprised of registered plans 40M-2244, 40M-2269 and 40M DISCUSSION/OPTIONS: N/A 6.0 COMMUNICATION ISSUES/PLAN: Public Notice Public Notice for a minor redline subdivision application is not required under the Planning Act. 7.0 CONSIDERATIONS: A. PUBLIC Plan Analysis Site Location: Site Area: Present Use: Part of Lots 23 and 24, Concession 6 (see Attachment #1) hectares Draft Approved Plan of Subdivision under development

3 Report No.: PL 4-08 Page 3 of 13 Present Zone Category: Proposed Zoning: Present Official Plan Designation: R2A-WS, R2B-WS and R2C-WS zone categories, By-law No. 1784, as amended No change proposed Region: Living Area Town: Schedule K Brooklin Secondary Plan Residential Description of Minor Redline Application The Brooklin Meadows (West) subdivision was draft approved (as amended) on April 29, The minor redline subdivision application has been submitted by Sorbara/Tribute Holdings Inc. for the lands north of Carnwith Drive which comprise the northern portion of the draft approved plan. The existing draft approval was given on the basis of neighbourhoods and blocks having a minimum and maximum density yield possible for each category. The yield is controlled by the existing zoning which provides flexibility in the number of units by providing varied minimum lot frontages. This enables the developer/ builder to provide a variety of housing types within the neighbourhoods and blocks. The following neighbourhoods and blocks are the subject of the minor redline application. Lot Type Current Draft Plan Yield Redline Yield Difference Neighbourhood Neighbourhood Neighbourhood Neighbourhood Block Block Total Neighbourhoods and Blocks Current Draft Plan Approved Minimum Unit Yield Redline DP Minimum Unit Yield The minor redline amendment therefore is requesting a reduction in the approved minimum unit yield from 892 to 831, equating to a difference in 61 units. Given that the requested amendment deals with the minimum yield reduction, the developer/builder has the ability to exceed the 831 units to a maximum of 875 units which is regulated by the current zoning by-law. The developer/builder has

4 Report No.: PL 4-08 Page 4 of 13 exceeded the minimum yield in the developed three (3) phases of the subdivision plan which equates to a minimum unit yield of 857 units. The current development of the plan and the proposed decrease in unit yield will result in an actual minimum yield from the overall draft approval of 857 units. This results in a 35 unit reduction or 3.9% of the current draft plan. B. FINANCIAL N/A C. IMPACT ON & INPUT FROM OTHER DEPARTMENTS/SOURCES Regional Planning Department The Region has no objection to the minor redline application to amend the draft approved plan, subject to condition number 1 of the draft plan conditions being appropriately amended. Whitby Public Works The Public Works Department has no objection to the minor redline subdivision application subject to the final 40M plan and engineering drawings being coordinated to reflect the amendment. Whitby Planning Department The minor redline subdivision application conforms to the residential designation in the approved Town of Whitby Official Plan. The application is requesting a minor adjustment to the overall minimum unit yield for the draft approved plan of subdivision. No amendment to the existing zoning by-law is required nor is there a requirement to hold a public meeting under the Planning Act. Revised Conditions of Draft Approval Staff recommend that condition number 1 of draft approval for the plan of subdivision SW be amended to reflect the neighbourhood and block minimum and maximum unit yield as contained in Attachment #2 and that a notice of decision be issued subsequent to Council approval for the minor amendment subdivision application. The draft plan will require amendment approval by the Planning Director once the notice of decision appeal period has lapsed without appeal by the Subdivider.

5 Report No.: PL 4-08 Page 5 of 13 All other conditions of the draft approval as adopted by Council previously for the plan of subdivision shall apply. The revised condition #1 is highlighted with bold text under the heading of Revised Conditions of Draft Plan Approval. REVISED CONDITIONS OF DRAFT PLAN APPROVAL SW The Owner shall prepare the final plan on the basis of the approved Draft Plan of Subdivision, prepared by Sernas and Associates, dated April 2005, revised October 2007 showing a minimum total of 831 dwellings (consisting of 57 linked dwellings and 774 single detached dwellings) or a maximum total of 875 dwellings (consisting of 91 linked dwellings and 784 single detached dwellings) an elementary school block, two (2) storm water management facility blocks, two (2) park blocks, one (1) walkway block, roads, and additional lands to be acquired outside of the plan, subject to providing for the conditions set out herein and as approved by Whitby Council. 2. The Owner shall establish roadways on the plan as follows; a) all road allowances included in this draft plan shall be dedicated as public highways on the final plan. b) the Owner shall convey all 5.0 m x 5.0 m sight triangles to the Town of Whitby. c) the Owner shall convey all 0.3 metre reserves required to terminate roadways to the Town of Whitby. d) the Owner shall convey a 3.0 metre road allowance widening across Blocks 45 and 46 along Vipond Road, and a 5.0 metre road allowance widening across Blocks 47 along Columbus Road, to the Town of Whitby. e) all road allowances included in this draft plan shall be named to the satisfaction of the Regional Municipality of Durham and the Town of Whitby. 3. The Owner shall submit plans showing the proposed phasing to the Region and the Town of Whitby for review and approval, if this subdivision is to be developed by more than one registration. 4 The Owner shall satisfy all requirements, financial and otherwise, of the

6 Report No.: PL 4-08 Page 6 of 13 Region of Durham, including, 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. 5. The Owner agrees that any existing sanitary or water services within the plan which are proposed to be relocated shall be maintained in full service until such time as the new services have been completed and approved by the Region, and all costs incurred in relocation and abandonment of these services shall be borne by the Owner. 6. The Owner shall obtain and grant to the Region, all easements required to provide for this development, and these easements shall be in locations and of such widths as determined by the Region and shall be granted with the execution of the Regional subdivision agreement. 7. Prior to final approval, the proponent shall engage a qualified professional to carry out, to the satisfaction of the Ministry of Culture, an archaeological assessment of the entire development property, and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 8. The Owner shall agree in the Town of Whitby Subdivision Agreement to implement the recommendation of the report, entitled Noise Impact Study - Addendum 1, prepared by Sernas Associates, dated January 2003, to be updated prior to final approval to the satisfaction of the Town of Whitby, which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (ie. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 9. The Owner shall provide for the extension of all services necessary for the development of the plan, and without limiting the generality of the foregoing; a) shall provide 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

7 Report No.: PL 4-08 Page 7 of 13 for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to serve other developments external to this subdivision, b) 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, c) 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, d) shall provide for the installation of all storm sewer facilities internal and external to the plan, as necessary to convey storm water from the plan to the satisfaction of the Town of Whitby, e) the Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 10. The Owner shall apply to the Town of Whitby and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan of subdivision in accordance with the provisions of the Planning Act. 11. The Owner shall make a cash contribution to provide for the installation of sidewalks and buffer planting along the Columbus Road frontage of the draft plan. 12. The Owner shall satisfy all requirements, financial and otherwise, of the Town of Whitby, including, among other matters, the execution of a subdivision agreement between the Owner and the Town concerning the provision and installation of roads, services, drainage and other local services. 13. Prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from the Town of Whitby and Central Lake Ontario Conservation Authority (CLOCA) for reports describing the following; a) The intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and

8 Report No.: PL 4-08 Page 8 of 13 in accordance with provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Brooklin Master Drainage Study, and shall be consistent with the recommendations of the Environmental Impact Study, and any findings arising from Condition 14; b) the anticipated impact of the development on water quality as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the Provincial Guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of suspended solids in any waterbody as a result of on-site or other related works in compliance with the Canada Fisheries Act; d) The herbaceous species found onsite, their status, and should it be (as determined by the Conservation Authority), a plant salvage programme for uncommon necessary species; e) Erosion control measures for erosion sites identified along the Lynde Creek Valley in the vicinity of the proposed stormwater management facility; f) A monitoring programme to assess the effectiveness of the stormwater management facility; g) A detailed plan describing specifics of the wetland creation project being proposed as compensation for the elimination of the on-site wetland. 14. The applicant shall, through soil borings and any other necessary means, assess and quantify groundwater/shallow interflow connections between the wetland in vicinity of Block 35 and groundwater discharge zones along Lynde Creek, and demonstrate to the satisfaction of the Central Lake Ontario Conservation Authority that best efforts are being implemented to maintain any such discharge. 15. The wetland in Blocks 35 and 39 shall be preserved until such time as a compensation plan is approved and construction of the new wetland is completed to the satisfaction of the Central Lake Ontario Conservation Authority.

9 Report No.: PL 4-08 Page 9 of All lands north of Joshua Boulevard shall be placed within a Holding Zone, and any development including the construction of roads and services prohibited until the requirements of Conditions 14 and 15 have been resolved to the satisfaction of the Central Lake Ontario Conservation Authority. 17. The applicant shall confirm that all lands necessary for the treatment of stormwater have been secured, and that these lands will be dedicated to the Town of Whitby and zoned appropriately to prohibit buildings or structures with the exception of those to be used for flood and/or erosion control. 18. The Owner shall satisfy the following conditions of the Durham District School Board: a) That the Owner agrees to set aside, within the subject plan, Block 40 (with a frontage of metres) for public elementary school purposes. b) That the Owner and the Durham District School Board enter into an agreement for the acquisition of Block 40 for elementary school purposes. c) That the Owner submits plans indicating existing and proposed grades, drainage and servicing for approval by the Durham District School Board for all lots, blocks, easements and roads abutting Block 40. d) That the Owner provide the Durham District School Board with a report detailing the soil bearing capacity and composition of soils within Block 40. Specifically, the report will detail the chemical composition of soils and the presence of methane and/or radon gas within Block 40. e) That any filling conducted within Block 40 meet Durham District School Board criteria for soil bearing capacity and be approved by the Durham District School Board soils engineer. f) That the Owner rough grade Block 40 to the satisfaction of the Durham District School Board. g) That the Owner agrees to bring all municipal services and connections to the edge of Block 40, along the street and submit drawings to the Durham District School Board for approval.

10 Report No.: PL 4-08 Page 10 of 13 h) That the Owner agrees to install a 1.8 metre chain link fence of standard school construction (number 9 gauge) along the perimeter of Block 40 where it abuts proposed or existing residential lands (lots or blocks), and/or any other proposed or existing land use, except for active municipal parkland. i) That the following Notice to Parents be inserted in all agreements of purchase and sale between the Owner and all prospective home buyers: Students from this development may have to attend existing schools. Although a school site has been reserved within this plan of subdivision, a school may not be constructed for some time, if at all, and then only if the Ministry of Education and Training authorizes funding and construction of this required school. j) That the Owner agrees to post the standard Durham District School Board approved Notice to Parents in all sales representation centres. 19. The Owner shall be requested to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the Owner shall advise the municipality of the arrangement made for such servicing. 20. The Owner shall convey Block 48 to the Town of Whitby for the purpose of a walkway. 21. The Owner shall convey Blocks 41 and 42 to the Town of Whitby for the purpose of Parkland. 22. The Owner shall convey, or cause to be conveyed, Blocks 43, 44, 53, and 56 to the Town of Whitby for the purpose of a Storm Water Management Facility. 23. The Owner shall convey, or cause to be conveyed, Blocks 49, 51, 54, 61 and 62 to the Town of Whitby for the purpose of roads. 24. The Owner shall prepare and implement the following reports in accordance with the applicable guidelines and to the satisfaction of the agencies noted:

11 Report No.: PL 4-08 Page 11 of 13 Report Town Region CLOCA a) functional servicing X X X b) noise report X X c) construction management X X d) erosion control X X e) plant salvage plan X f) archaeological assessment X g) parking/traffic management plan X h) tree preservation plan X i) wetland relocation plan X 25. The subdivision agreement between the Owner and the Town of Whitby shall contain, among other matters, the following provisions: a) The Owner agrees to implement those noise control measures recommended in the Noise Report, as amended and/or updated, as required in Condition 8. b) The Owner agrees to carry out the works referred to in Condition 13 a-g) to the satisfaction of the Central Lake Ontario Conservation Authority. c) The Owner agrees 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 Central Lake Ontario Conservation Authority. d) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of any on-site works. e) The Owner is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. f) Streets are to be constructed in accordance with the municipal standards. g) The Owner shall grade all streets to final elevation prior to the installation of the gas lines, and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Consumers Gas. 26. Prior to final approval of this plan for registration, the Town of Whitby shall be advised in writing by:

12 Report No.: PL 4-08 Page 12 of 13 a) The Regional Municipality of Durham, how Conditions 1, 2 e), 3, 4, 5, 6, 7, 8, and 9a-e) have been satisfied; b) The Central Lake Ontario Conservation Authority, how Conditions 13ag), 14, 15, 16, 17, 24a,c,d,e,i) and 25b,c,d) have been satisfied; c) The Durham District School Board, how Condition 18a-j) has been satisfied: d) Bell Canada, how Condition 19 has been satisfied; e) Enbridge Gas, how Condition 25 g) has been satisfied. D. CORPORATE AND/OR DEPARTMENT STRATEGIC PRIORITIES N/A 8.0 SUMMARY AND CONCLUSION The Planning Department is recommending approval of file number MI-01-07, a minor redline subdivision application to an approved draft plan of subdivision. The scope of the proposed amendment is for the neighbourhoods and blocks located north of Carnwith Drive which is requesting a reduction in the minimum unit yield from the draft approved 892 units to 831 units, representing a 6.8% reduction in the overall draft plan. In that this figure is theoretical in nature, the actual reduction in yield will result in a 3.9% or 35 unit reduction in the overall plan given the unit yield attained through three (3) phases of registered plans. 9.0 ATTACHMENTS Attachment #1: Location Sketch Attachment #2: Recommended Redlined Draft Approved Plan of Subdivision * * Enlargement available on 11 x 17 paper For further information contact: John Austin, Ext. 2277

13 Report No.: PL 4-08 Page 13 of 13 Robert B. Short, Director of Planning, Ext Kenneth Nix, Acting Chief Administrative Officer, Ext. 4314

5. That the Owner shall agree that all development Blocks shown within the Draft Plan will be connected to full municipal services.

5. That the Owner shall agree that all development Blocks shown within the Draft Plan will be connected to full municipal services. Conditions Relating to Draft Plan of Subdivision Approval East Fonthill 26T 01014 (Draft Plan dated December 1, 2013, and revised August 28, 2014), the Town of Pelham 1. This approval applies to the Draft