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HomeMy WebLinkAboutPD 28-11 Crr.~ o~ Report To Planning & Development Committee PICKERIl V G Report Number: PD 28-11 Date: September-6, 2011 167 From: Neil Carroll Director, Planning & Development Subject: Zoning Amendment Application A 5/11 The Estate of Paul Pickard 1861 Woodview Avenue (Part of Lot 12, Plan 282) City of Pickering Recommendation: 1. That Zoning Amendment Application A 5/11 submitted by Grant Morris and Associates Ltd. on behalf of the Estate of Paul Pickard, to permit the creation of lots with a minimum frontage of 12.0 metres fronting Pine Grove Avenue on lands being Part of Lot 12, Plan 282, be approved; and 2. Further, that the draft zoning by-law to implement Zoning Amendment Application A 5/11, as set out in Appendix I to Report PD 28-11, be finalized and forwarded to City Council for enactment. Executive Summary: The application proposes to amend the existing zoning to allow for the creation of five new lots fronting Pine Grove Avenue with a minimum lot frontage of 12.0 metres, and to allow side yard widths of 1.2 metres for four 15.0 metre lots on Woodview Avenue (see Location Map and Applicant's Submitted Plan - Attachments #1 and #2). The property is currently vacant. The recommended zoning will establish performance standards for the subject lands which will permit the development of five new lots fronting Pine Grove Avenue with a minimum lot frontage of 12.0 metres. The proposed development is consistent with the Official Plan and appropriate for the area. Mature trees on the property will be retained to the extent possible, but the potential for retention is anticipated to be limited to a small number on the southern portion of the property. The City's specific development requirements will be addressed through conditions of land severance. The proposed reduced side yard widths for the four 15.0 metre lots on Woodview Avenue is not supported, and is no longer being pursued by the applicant. It is recommended that the zoning amendment to allow the creation of five lots fronting on Pine Grove Avenue with minimum lot frontages of 12.0 metres be approved and that the draft by-law amendment attached as Appendix I be forwarded to Council for enactment. Report PD 28-11 September 6, 2011 Subject: The Estate of Paul Pickard (A 5/11) Page 2 168 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: Staff's review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below Level 1 standard. Given the small scope of the application and the infill nature of the project, there is limited opportunity to achieve a Level 1. The proposed development will take advantage of the existing infrastructure and services within the City's urban area. The applicant intends to preserve a number of mature trees in the southeast portion of the property, as building siting and grading .permit. Further opportunities exist for the builder to consider sustainable options in the dwelling construction process. 1.0 Background: The applicant is proposing to amend the existing zoning to allow for the creation of nine new lots on lands at the southeast corner of Woodview Avenue and Pine Grove Avenue, municipally known as 1861 Woodview Avenue (see Location Map - Attachment #1). The lands, approximately 5.6 hectares in area, are currently vacant. Vegetation, including a number of mature trees, occupies a large portion of the property. The proposal is to create five new lots fronting Pine Grove Avenue with a minimum lot frontage of 12.0 metres, and four 15.0 metre lots with side yard widths of 1.2 metres on Woodview Avenue (see Applicant's Submitted Plan - Attachment #2). The subject property is zoned "R4"- Fourth Density Zone in By-law 3036, which requires a minimum lot frontage of 15.0 metres and minimum side yard widths of 1.5 metres. The Pickering Official Plan designates the subject property as "Urban Residential - Low Density Areas" within the Highbush Neighbourhood. The applicant received Council approval in June 2011 to create the lots through severance rather than through plan of subdivision, as the public roads and services required for the proposed development are already in place. Report PD 28-11 September 6, 2011 Subject: The Estate of Paul Pickard (A 5/11) Page 3 69 2.0 Comments Received: 2.1 Prior to the June 6, 2011 Information Meeting Correspondence was received from an abutting resident at 1857 Woodview Avenue in opposition to the proposed 1.2 metres side yard widths for the proposed 15.0 metre lots fronting Woodview Avenue. He stated that the builder would be able to build comparable homes on Woodview Avenue without the need for a reduced side yard. He also submitted to Planning staff a petition in opposition to the reduced side yard widths signed by 14 additional Woodview residents (see Public Comments -Attachment #3). 2.2 At the June 6, 2011 Information Meeting (see Text of Information Report and Public Meeting Minutes - Attachments #4 and #5) The resident at 1857 Woodview Avenue reiterated his opposition to the proposed reduction in side yard width for lots fronting Woodview Avenue. He indicated he had submitted a petition in opposition to the proposed 1.2 metre side yard from immediate area residents. A resident at 1862 Woodview Avenue requested that as many mature trees as possible be retained, and that the character of the street be retained. Residents at 1855 and 1858 Woodview Avenue spoke in opposition to the proposed 1.2 metre side yard for lots fronting Woodview Avenue. The resident at 1858 Woodview Avenue also indicated that he would like to see the trees preserved. 2.3 City Department and Agency Comments Durham Region Planning proposed application conforms with the Department Regional Official Plan • no matter of the provincial interests are applicable • Region requires that a Regional Reliance Letter and Certificate of Insurance be submitted • any requirements financial and otherwise concerning the provision of Regional services will be dealt with during the associated land division process (see Attachment #6) Development Control . no objection Municipal Engineering . no objection Services Report PD 28-11 September 6, 2011 Subject: The Estate of Paul Pickard (A 5/11) Page 4 3.0 Discussion: 3.1 The proposed 12.0 metre lots fronting Pine Grove Avenue are appropriate and compatible with the character of existing development The Pickering Official Plan designates the property as "Urban Residential Area - Low Density Area" within the Highbush Neighbourhood. Lands within this designation are intended primarily for housing at a net residential density of up to and including 30 units per net hectare. The proposed 12.0 metre lots fronting on Pine Grove Avenue, representing a density of 25 units per net hectare, are within the density range. The Official Plan policies for the Highbush Neighbourhood encourage new development on Woodview Avenue and Pine Grove Avenue to be compatible with the character of existing development. Although the majority of the lots on Woodview Avenue south of Pine Grove Avenue have consistent lot frontages (generally between 15.0 metres and 20.0 metres), the lots fronting on Pine Grove Avenue have a wider variety of frontages, including semi-detached lots (see Lot Frontages in Area - Attachment #7 and Attachment #8). The abutting property east of the subject property has a lot frontage of 12.0 metres. Based on existing lot frontages, the proposed 12.0 metre lots and associated performance standards are considered to be appropriate development that is compatible with the immediate character of the area. 3.2 The proposed 1.2 metre side yard width for the four 15.0 metre lots on Woodview Avenue is not consistent with the character of Woodview Avenue Woodview Avenue is a mature residential street in an established neighbourhood. As indicated above, lots along this portion of Woodview Avenue south of Pine Grove Avenue are generally in the range of 15.0 metres to 20.0 metres. The zoning along Woodview Avenue is "R4" - Fourth Density Zone which requires for side yard widths of 1.5 metres on both sides. Planning & Development staff have consistently recommended refusal of minor variance requests along Woodview Avenue to reduce the side yard widths to 1.2 metres for any new development, except where recognition of an existing condition was required to obtain zoning compliance. The proposed side yard widths of 1.2 metres are not consistent with the character of development on Woodview Avenue. As the subject lands are currently vacant and as the proposed lots fronting Woodview Avenue provide significant lot depths and area, there is ample flexibility to site new houses on the proposed lots in conformity with the existing "R4" zone standards. It is therefore recommended that the proposal to permit a 1.2 metre side yard width for the proposed 15.0 metre lots fronting Woodview Avenue not be approved. The applicant has indicated that they are no longer pursuing the reduced side yard width. Report PD 28-11 September 6, 2011' Subject: The Estate of Paul Pickard (A 5/11) Page 5 171 3.3 Preservation of existing trees has been considered The Official Plan policies for the Highbush Neighbourhood also encourage the preservation of significant vegetation to the greatest extent possible through the use of strategies such as lot sizing and building siting. Although a large portion of the subject property is vegetated, most of the vegetation is overgrowth, with a smaller number of mature trees located near the north and south limits of the property. Due to building siting and grading, the trees at the north limit will not be preserved. The applicant is proposing to preserve as many of the trees in the southern portion of the property as grading will permit, as backyard specimens for the lots fronting Woodview Avenue. . 3.4 All development matters will be addressed through conditions of Land Division application process The applicant proposes to create the five 12.0 metre lots fronting Pine Grove Avenue and the four proposed 15.0 metre lots fronting Woodview Avenue through severance rather than through plan of subdivision, as approved by Council in June 2011. Land division applications have been submitted separately for the Woodview Avenue lots and Pine Grove Avenue lots. The application dealing with the 15.0 metre lots fronting Woodview Avenue has been approved in advance of this recommendation report as the proposed 15.0 metre lots are permitted by the existing "R4" zoning, and the applicant is no longer pursuing the reduced side yard width. The land division application for the proposed 12.0 metre lots on Pine Grove Avenue has been tabled pending a decision on the proposed zoning by-law amendment. If City Council approves the proposed 12.0 metre lots, City requirements for the lots will be included as conditions of approval for the severance application. These conditions will address standard matters such as grading and servicing, parkland dedication, driveway aprons and stormwater management. A road widening along the Pine Grove Avenue frontage will be required as a condition of severance approval. Details of the tree preservation plan will also be finalized through the land severance process. 3.5 By-law to be forwarded to Council In accordance with staff and agency requirements noted in this report, the draft zoning by-law amendment attached as Appendix I provides the following standards for the proposed 12.0 metre lots fronting Pine Grove Avenue: a) Minimum lot area - 350 square metres b) Minimum lot frontage - 12.0 metres c) Minimum front yard depth - 6.0 metres d) Minimum interior side yard width - - for inside lots: 1.2 metres one side and 0.6 metres on the other - for corner lots: 0.6 metres Report PD 28-11 September 6, 2011 'ect: The Estate of Paul Pickard (A 5/11) Page 6 e) Minimum flankage side yard width - 2.7 metres f) Minimum rear yard depth - 7.5 metres g) Maximum building height - 12.0 metres h) Maximum garage projection from main wall - 2.5 metres i) Maximum driveway width - no more than 55 percent of the front yard width These performance standards are consistent with the performance standards for 12.0 metre lots found elsewhere in the vicinity. The draft zoning by-law does not provide for reduced side yard widths for lots fronting Woodview Avenue. 4.0 Applicant's Comments The owner has been advised and concurs with the recommendation of this report. Appendix: Appendix I: Draft Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Public Comments 4. Text of Information Report 5. Public Meeting Minutes and Petition 6. Agency Comments - Durham Region 7. Lot Frontages on Pine Grove Avenue 8: Lot Frontages on Woodview Avenue Report PD 28-11 September 6, 2011 Subject: The Estate of Paul Pickard (A 5/11) Page 7 X13 Prepared By: Approved/Endorsed By: 14- Mila Yeung Neil Carroll, , RPP Planner I Director, Planning & Development W QLtuA Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design MY:MW:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 20 (I Tony Preve el, P.Eng. Chief Administrative Officer 174 Appendix I to Report PD 28-11 Draft Zoning By-law Amendment Application A 5/11 I III The Corporation of t of Pickering 175 B I o. XXXX/11 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Lot 12, Plan 282 in the City of Pickering (A 05/11) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit the development of five lots with minimum frontage of 12.0 metres on the subject lands, being Part of Lot 12, Plan 282, in the City of Pickering in order to permit the creation of five lots for detached dwellings; And whereas an amendment to By-law 3036, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provision of this By-law shall apply to those lands in Part of Lot 12, Plan 282, in the City of Pickering, designated "S3-12" on Schedule I attached hereto. 3. General Provisions No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. i 4. Definitions In this By-law, (1) (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; By-law No. X/11 Page 2 (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, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures. (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (3) (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 group of buildings, as the case may be, together with any 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; I (4) "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; (5) (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; By-law No. f1i1 Page 3 1. 77 (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard 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; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot 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; (j) "Interior Side Yard" shall.mean a side yard other than a flankage side yard. 5. Provisions (1) (a) Uses Permitted "S3-12" Zone No person shall within the lands designated "S3-12" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling (b) Zone Requirements ("S3-12" Zone) No person shall within the lands designated "S3-12" on Schedule attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) Lot Area (minimum): 350 square metres (ii) Lot Frontage (minimum): 12.0 metres (iii) Front Yard Depth (minimum): 6.0 metres i i By-law No. XXX /11 Page 4 178 A despite Section 5.7(b) of By-law 3036 as amended, uncovered and covered platforms/porches attached to a main dwelling may provide a front yard depth of 4.5 metres. (iv) Interior Side Yard Width (minimum): A for inside lots: (1) 1.2 metres one side, 0.6 metre on the other B for corner lots: (1) 0.6 metres (v) Flankage Side Yard Width (minimum): 2.7 metres (vi) Rear Yard Depth (minimum): 7.5 metres (vii) Building Height (maximum): 12.0 metres (viii) Dwelling Unit Requirements: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres; (ix) Parking Requirements: A minimum one private garage per lot attached to the main building; any 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; (x) Special Regulations: A the horizontal distance between buildings on adjacent lots to which this section applies shall not be less than 1.8 metres B maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey; C a driveway width shall not occupy more than 55 percent of the front yard width. I. By-law No. XXXX/11 Page 5 79 6. By-law 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. Effective Date This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. By-law read a first, second and third time and finally passed this ay of , -2011. Aft David Ryan, Mayor nflA Debbie Shi s, City Clerk 18o PINE GROVE AVENUE I W S3-12 W I O ~ O I I I i i N SCHEDULE I TO PASSED T DAY OF ffflr 2011 bp, I MAYOR k CLERK ATTACHMENT # TO REPORT # PD ` 181 w z w CR Q SP~oNVRS~ FSOENT S MELDRON U) R o T REST < ° F 0 m ¢ JF o R AGE Li SANDHURST F N E P 0 R S PINE GROV 0 111 3: 1 E GROVE CRESCENT o PARK z e w O .1T O p PINE GROVE AVENUE z MOSSBROOK TRANQUIL CRT. ~ Y W W w o ~ z p SQUARE w w w Q U w~ O ~ In Li z WESTCREEK DRIVE w a o a 0 WESTCREEK ALLEYVFE PROHILL ST. PUBLIC SCHOOL PARK W o - > Z BUTTERNUT CRT. STREET o0 0 m > U O 0 O 0 ~ O W W Z N 01 W J J Q J LANCREST ST. w > o FQco T LANE o o w QO HE 0 0 GATE o U) City of Pickering Planning &,Development Department PROPERTY DESCRIPTION Part Lot 12, Plan 282 OWNER Estate of P. Pickard(A. Snyder) DATE Apr. 27, 2011 DRAWN BY JB FILE No. A 005/11 SCALE 1:5,000 CHECKED BY RP o c ource•: 2005 survey. P N-10 t Enteral tIn e. 1. it• • rr hlt• Ra•lerved t Note•e on N~ tsu p•ICn oT ZOOS MPAC ntl I• • Iles. All r ATTACHMENT #-_._TO Q REPORT # PD 28 -l1 Information Compiled from Applicant's Submitted Plan A 5/11 The Estate of Paul Pickard PINE GROVE AVE I.a. vl~4lw cmc-r II WIV!v~~' G6 15 ~ OES 75 18 06 I I VA: a srarr s ~ ~ 21 I M. 1121 j 1 i 7S ;1.T5 1.15 a0-5 to PAR T 5 LART__EJ (aFyRT 7 PAR' S 11.1 is PA -7- i _ Is r, 185+ n l~ zsro w i _ - ly ~ I R j I I` , a rvl 114 X-0 i ,w~,t°FID~k ern a iD fx I~ I waeu ~ Im[cta[c ~ICX 1 2 s~m[r . ebl[X cvr ;.ln;, tiG. !b5J This map was produced by The City Of Pickering Planning & Development Department, Planning Information Services Division Mapping And Design, Apr. 27, 2011. I ATTACHMENT # TO REPORT # PD ZS-// _ Yeung, Mila° From: tony accardi [accardi@sympatico.cal Sent: May-16-11 7:41 AM To. Yeung, Mila Cc: gaetano.accardi@bp.com; Irene Accardi CITY OF PIC; BERING Subject: Re Zoning Bylaw Application A05/11 PLANNING & DEVELOPMENT Attachments: A0511-Accardi_1857_WoodView_Ave.PDF DEPARTMENT Good Morning Mila, Attached is a formal letter apposing the Zoning Bylaw change on woodview Ave in the city of pickering. Please acknowledge receipt of this letter by replying to this email. Is this official enough or do I need to drop off a hard copy at the City of Pickering? Please note, that to, this date neither my brother(1855 Woodview Ave) nor I (1857 Woodview Ave) have received any letter in the mail regarding this zoning bylaw application. isidering that the hearing is taking place on June 6th, 2011 and today is May 16, what is the official policy for .-Cifying residents in the immediate area of such changes? Sincerely, Tony Accardi P.Eng. 1 ATTACHMENT # TO 1 8 2°-I REi'ORz . # PD ~ Mila Yeung, From: tony accardi [accardi@sympatico.ca] RECEIVED Sent: May-27-11 1:54 PM To: Yeung, Mila Subject: Petition against A05/11 MAY 2 7 2011 Attachments: petition_A05-11.pdf CITY OF PICKERING PLANNING a DEVELOPMENT DEPARTMENT Hi Mila, Attached is a petition against application A05/11 with about 15 signatures on it. I may get a few more and if I do .I will send you an updated copy. Please note that all signatures on this petition are from homes that are in very close proximity to the property in question. Sincerely, Tony Accardi P.Eng. I~ ' ATTACHMENT # 3 TO REPORT # PD 185 0 00 c 3 ~ Z ui EE i V, o 0 (Z, > o Wp Y t N > g. ~ uj cam, CL 0 co ~ 3 a I.. Z ,0- r CL) c U a o e, 4-4 :5 U O O tsA N 3 c~ C N ~ Q ~ 1 Cl3 < .O e 0 N S~ N y a ° U U° mat - - t Cl) Q O EnAA O ~ 4r U t7 v •'O • N v~ Q z N Cd O ~ O m" r. bD .A , 2 O o O rJ bo zs bo 60 u - O O N i A 5 -24 o .0 x n B O 0 N i -ye Iu, t ATTACHMENT # 3 TO 1 8 6 R[PC)RT # PD 2Ez ~Z Zw ujo~ ~1ww U LU p S LL'Caa. QZW a,e >.z U a t i I -IT O U r a ~ J c \J ~b- W •J 3 ~ ~ J 0 Q ~ 1 ATTACHMENT #_zLTO caq o~ REPORT # PD ~i Information Report Report Number: 13-11 ' ' - For Public Information Meeting of PICKERING Date: June 6, 201 187 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter PA 3 Subject: Zoning By-law Amendment Application A 5/11 The Estate of Paul Pickard 1861 Woodview Avenue (Part Lot 12,. Plan 282) City of Pickering 1.0 Property Location and Description • the subject property is located on the southeast corner. of Woodview Avenue and Pine Grove Avenue (see Location Map - Attachment #1) • the subject property has an area of approximately 5.6 hectares with frontage of 60.9 metres along Pine Grove Avenue and 91.4 metres along Woodview Avenue the subject property is currently vacant with trees and vegetation occupying a large portion of the property surrounding land uses are entirely residential, consisting generally of detached dwellings of various lot frontages 2.0 Applicant's Proposal • the applicant is proposing to amend the existing zoning to allow for the creation of five new lots fronting Pine Grove Avenue with a minimum frontage of 12.0 metres, and to allow four 15.0 metres lots with side yard widths of 1.2 metres on Woodview Avenue (see Applicant's Submitted Plan - Attachment #2) • the applicant has submitted land severance applications to the Region of Durham Land Division Committee; in accordance with the Pickering Official Plan, which limits the creation of lots through land severance to a maximum of three, the applicant has also made a separate request for Council approval to allow for the creation of nine lots through land severance rather than through plan of subdivision 3.0 Official Plan and Zoning 3.1 ,Durham Regional Official Plan • the Durham Regional Official Plan designates the subject lands as "Urban Areas - Living Areas"; lands within this designation shall be used predominantly for housing purposes • the proposal appears to conform to the Durham Regional Official Plan ATTACHMENT # y TO Information Report No. 13-11 REPORT # PD-- ~ Page 2 1 R~ 3.2 Pickering Official Plan • the City of Pickering Official Plan designates the subject property as "Urban Residential - Low Density Area" within the Highbush Neighbourhood; lands with this designation are intended primarily for housing at a net residential density of up to and including 30 units per net hectare • the Highbush Neighbourhood policies encourages new development on Woodview Avenue and Pine Grove Avenue to be compatible with the character of existing development, and the preservation of vegetation to the greatest extent possible through the use of strategies including: ' • lower lot coverages, wider lot frontages, deeper lot depths, wider side yards, deeper front yards, lower building heights and lower densities along the existing older roads • buffering between new development and existing older development • careful establishment of lot lines and siting of new dwellings to reflect existing buildings setbacks and yard depths to assist in the protection of significant vegetation • . tree preservation plans • Schedule II - Transportation Systems designates Woodview Avenue and Pine Grove Avenue as "Collector Roads" 3.3 Zoning By-law 3036 • the subject property is zoned "R4" - Fourth Density Residential Zone. • the "R4" zoning permits detached dwellings on lots with a minimum frontage of 15.0 metres, a minimum lot area of 420.0 square metres and minimum side yard widths of 1.5 metres • an amendment to the existing zoning by-law is required to allow for the creation of lots with a minimum lot frontage of 12.0 metres on Pine Grove Avenue, and side yard widths of 1.2 metres for the four proposed lots fronting Woodview Avenue 4.0 Results of Circulation 4.1 Resident Comments • a neighbouring resident opposes the proposed side yard width reduction to 1.2 metres from 1.5 metres for the proposed lots on Woodview Avenue on the grounds that it will change the look of Woodview Avenue, and that the proposed lot sizes can easily accommodate homes that meet the existing zoning (see Resident Comment -Attachment # 3) ATTACHMENT # ~ TO Information Report No. 13-11 REPORT # PD 2S-11 Page 3 89 4.2 Agency Comments • no comments received to date 4.3 Staff Comments • in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • evaluating whether the proposed 12.0 metre lot frontages on Pine Grove Avenue and resultant development will maintain the character of the neighbourhood • evaluating whether the proposed reduced side yard widths for the four proposed lots on Woodview Avenue is consistent with the character of the neighbourhood • preservation of existing vegetation to the greatest extent possible • proposed sustainable development components 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 • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Cierk • if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed zoning by-law amendment does not make.an oral submission at•th ,I Lo %Airi++on cllhmiccinr~c G pub Ic meeting, 1v1 11 Ia,w rv 111w1I J.I VI nvvly. to the City of Pickering before the proposed zoning by-law is approved or refused, the Ontario Municipal Board may dismiss the appeal 6.0 Other Information 6.1 Appendix No. • list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report ATTACHMENT #y To Information Report No. 13-11 REPORT # PD_ __2_e-11 Page 4 6.2 Information Received I • in addition to the full scale copies of the Applicant's submitted plan, the following documents are available for viewing at the offices of the City of Pickering Planning & Development Department: • Planning Rationale Report • Sustainability Report • Architectural Design Statement . • Phase I Environmental Site Assessment 6.3 Company Principal • the owner of the subject property is The Estate of Paul Pickard • the authorized agent is-Grant Morris and Associates ORIGINAL SIGNED BY ORIGINAL SIGNED BY Mila Yeung Marg Wouters, MCIP RPP Planner I Manager, Development Review & Urban Design MY:ld Attachments f Copy: Director, Planning & Development ATTACHMENT TO REPORT # PD 191 Appendix No. I to Information Report NO. 13-11 Commenting Residents and Landowners (1) Tony Accardi Commenting Agencies (1) no comments received to date f Commenting City Departments (1) no comments received to date i ATTACHMENT 5 TO 9 2 REPORT # PQ 2i~5 _ Excerpts from City 04 _ Planning & Development - Committee Meeting Minutes PIC Monday, June 6, 2011 7:30 pm - Council Chambers Chair: Councillor O'Connell (II) Part `A' Information Reports Marg Wouters, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. She 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 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. 2. Zoning By-law Amendment Application A 5/11 The Estate of Paul Pickard 1861 Woodview Avenue (Part Lot 12, Plan 282) City of Pickering Mila Yeung, Planner I provided an overview of zoning by-law amendment application A 5/11. Grant Morris, consultant on behalf of the applicant appeared before the Committee in support of the application.. He provided clarification with respect to the reasons for seeking approval through land severance to allow for the creation of nine lots. He noted that services are already located on these lots and explained the types of homes to be built on the site. Tony Accardi, 1857 Woodview Avenue appeared before the Committee in opposition to the application. He felt there was no need to change the existing zoning by-law, stating there is ample space to build comparable homes on the street without the need for a 1.2 metre setback. He noted he enjoys the five foot setbacks and when he purchased his home he liked the character of the street. He noted that side yard widths of 1.2 metres would not blend in with the neighbourhood. He stated he had compiled a petition with 14 names from the immediate area and had submitted this to the Planner. He asked the Committee to stay within the existing by-law and reject the application. Carolyne Pascoe, 1862 Woodview Avenue, appeared before the Committee and noted that there were a lot of mature trees on the property and stated that she enjoys the large trees and did not want to see them gone. She asked that the character of the street be retained and to keep as many trees as possible. 1 ATIACHIIiENT # 5 TO REPORT # PQ 2e _/I Excerpts from City Planning & Development _ Committee Meeting Minute -P-9 3 PIC RING Monday, June 6, 2011 7:30 pm - Council Chambers Chair: Councillor O'Connell Gaetano Accardi, 1855 Woodview Avenue appeared before the Committee in opposition to the 1.2 metre setback being requested. He stated that 4,000 to 6,000 square foot homes could easily be built with the current 1.5 metre setbacks. Ernest Jugovic, 1858 Woodview Avenue appeared before the Committee and noted that he did not oppose the new homes but did not support a 1.2 metre setback. He stated that he would prefer to see the width kept at 1.5 metres and also noted that he would like to see the trees kept. Grant Morris appeared before the Committee to address the resident's concerns and noted the difference in setbacks being requested only amounts to a matter of inches. 2 ATTACHIMENT TO RENORI # PD 94 June 2, 2011 RECEIVED Milo Yeung Planner Planning & Development Department 7111 i s City of Pickering CITY O PeCKERIN'•'u One The Esplanade PLANNING DEL'E>_OPfv9ENT DEPART T PVIEN'+ Pickering, ON L1V 6K7 Dear Mrs. Yeung The Regional Re: Zoning Amendment Application A 05/11 Durham of of Applicant: The Estate of Paul Pickard Planning Department Location: 1861 WOodview Avenue 605 ROSSLAND ROAD E Part of Lot 12, Plan 282 aTM FLOOR Municipality: City of Pickering PO BOX 623 WHITBY ON L1 N 6A3 CANADA The Region has reviewed the above noted application and offers the Fax: following comments for your consideration. 668905--666-6208 Fax: _ Email: planning@durham.ca www.durham.ca The purpose of this application is to permit the creation of five residential lots on Pine Grove Avenue with a minimum frontage of 12.0 metres and to A.L. Georgieff, MCP, RPP allow for four 15.0 metre lots with side, yard widths of 1.2 metres, on Commissioner of Planning Woodview Avenue. Regional Official Plan The lands subject to these applications are designated "Living Areas" in the Durham Regional Official Plan (ROP). Living Areas shall be used predominately for housing-purposes., This proposal adds additional residential units within an existing residential area and is permitted within the Living Areas designation of the ROP. Provincial Policies & Delegated Review Responsibilities i his application has been screened in accordance with the terms _of the provincial plan review responsibilities. - Growth Plan for the Greater Golden Horseshoe (GPGGH) The subject lands are within the "Built-up Area" of the GPGGH. The GPGGH includes policies to direct development to settlement areas, and provides direction for intensification targets within the Built-up Area. This application generally conforms to the GPGGH. "Service Excellence fo,VO Jr_ caimunities" 1- _ 100% Post Consumer ATTACHMENT TO REPORT # PD _ S Potential Site Contamination 195 A Phase 1 Environmental Site Assessment prepared by V.A. Wood Associates Limited has been submitted in support of the application. The report indicates that there is a very low probability of potential contamination and further indicates that further site investigation is not warranted. The Region requires that a Regional Reliance Letter and Certificate of Insurance be submitted. Regional Servicing Any requirements financial and otherwise concerning the provision of Regional services will be dealt with during the associated land division process. Please do not hesitate to contact the undersigned should you have any j questions or comments. Yours truly, Brad Anderson, MCIP, RPP Planning Analyst cc: Regional Works Department - Pete Castellan Attachments: Sample Reliance Letter Certificate of Insurance 2 1 9 6 ATTACHMENT # (O TO REPORT # PD RELIANCE LETTER At the request of CDE Ontario Ltd. and for other good and valuable consideration, ABC Engineering Ltd. represents and warrants to the. Regional Municipality of Durham ("Region") that it is a Qualified Person within the meaning of the Environmental Protection Act and associated Regulation 153/04 for purposes of preparing and submitting the environmental reports listed below under Brownfield Regulation 153/04 to the Ministry of the Environment. If applicable, ABC Engineering Inc. also represents and warrants that it meets the MOE requirements in relation to the preparation and supervision of a risk assessment. ABC Engineering Ltd. agrees that the Region may rely upon the reports listed herein, including the representations, assumptions, findings, and recommendations contained in the reports: Phase I ESA Phase 11 ESA Other Environmental Site Assessment Documentation RSC ABC Engineering Ltd. further agrees that this Reliance Agreement takes priority over any limitation on use contained in the reports listed herein including that the reports were otherwise prepared solely and exclusively for CDE Ontario Limited under contract dated ABC Engineering Ltd. understands and agrees that it is appropriate to extend reliance to the Region in relation to the reports listed herein so as to assist the Region in its assessment of the environmental suitability of CDE's application for development. ABC Engineering Ltd. intends to establish privity between itself and the Region by entering into this Reliance Agreement. ABC further agrees that it will promptly notify the Region upon receipt of notice by the Ministry of the Environment that the Ministry of the Environment intends to audit any of the reports listed herein and if so, to provide the Region with written confirmation of the results of the audit including that any Record of Site Condition was approved by the Ministry of the Environment under Brownfield Regulation 153/04. ATTACHMENT # TO 1 9 REPORZ # PD ABC further agrees that it will provide the Region with a written acknowledgement from the Ministry of the Environment that any of the reports submitted by ABC Engineering to the Ministry of the Environment will not be the subject of a Ministry of the Environment audit. ABC Engineering represents and warrants that it is in compliance with the Brownfield Regulation 153/04 and specifically, the insurance provisions contained .therein. ABC Engineering shall provide the Region with proof of insurance and maintain Professional Liability insurance coverage of $2,000,000 per claim and $4 million aggregate. ABC Engineering agrees that it shall be responsible to indemnify and save the Region harmless from any and all claims, demands, causes of action, costs, including defending against any legal proceedings or other damages howsoever arising from the Region's direct or indirect reliance upon the representations, findings, assumptions and conclusions contained in the reports prepared by ABC Engineering Ltd. listed herein save and except any damages, claims, demands, actions or causes or action arising out of or as a result of the negligent actions of the Region, its agents or employees. Signed by Qualified Person Date: Signed by Consulting Firm Notes: Edits to this document are only permitted in areas underlined and marked in italics ie: CDE Ontario Ltd. Proof of Liability insurance will only be accepted on Region of Durham "Certificate of Insurance" form. ATTACHMENT # _7 TO n REPORT # PD ~S~~I 18 Q ~ S'EI WIT nHaNVS > 11 A,I a a oaooo z=z sae°un S'EI m ~ ° ° C N C °00° CL °oia O OI s'ET ~ j a ~~8 0 Al " QQ ~ a DRIVE w Q o W60& °d W et t E'EI O O~ o c Z W Q C N, DO ro ~e h al Q C 20' 6e ~6l Cl) Gel `e< sbl Gel Gel l 6<I S. T01 a 1:]]~J1S Nine>ido 0 N f/ / - f'SS 6'ii 0'21 0.21 0'21 0.21 TSi S'2T S21 S'2T 2.2i (A _ '~Ja :INba~JON W .l ,l .l •l 2 8 O U) z ~Q V J W N m N c = ^ z o's1 o'si o•sl o•sT e•ei e•91 f•y2 > iinN3AV M3InaOOM < co 0'sT 0'S 0'ST 0'SI 0'S[ 0'91 6ST N R N a d N r ~ ~ m ~ p d J Q ~ M3IA000M a c o Z LL . > a 00M>1 O o C a a J r o+ v L Q o w r z CD O w :1nl ' a a~ y o w a U~ U z p w P W z U~ CL U a 0 LL ATTACHMENT 8 TO REPORT # Pe 2e -It 199 I(VC u V L /VLE\1 U 21A 33.4 351 16.4 14.9 14.9 15.5 14.9 14.9 1 ' 11.9 ct 17.5 v5 L.L; NA 0 CIL, f 1 0 N i...l.-_ L in 2 {cf} N O o N s ~J N N W 4 N w~src E 14 N ^5 N Fqi i N cu Ih N N N k J ~ ~ t -r N LL..: s 3: r N L N ti > M Q (6 cu n n z n N vs 0 0 .0 n M/ in+ w in n n bn a N l cy cu c: m a P M F- m N n V^S W N N h N NmN N N n w City of Pickering Planning & Development Department PROPERTY DESCRIPTION Part Lot 12, Plan 282 07\ OWNER Estate of P. Pickard(A. Snyder) DATE Aug.3, 2011 DRAWN BY JB / FILE No. A 005/11 (Lot Frontages) SCALE N.T.S. CHECKED BY RP N o c urcer• e Teronet EntsrpAses Ins. antl lb wppllers. NI rights Reserved. Not a plan of survey. 0 2005 MPAC and tts ru Ilea. All r1 hb Rerervad. Not a Ian w 5,,,~e PN~10