HomeMy WebLinkAboutPLN 05-13 e��r�� � Report to
'�' Planning & Development Committee
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PICKERING Report Number: PLN 05-13
Date: April 8, 2013
From: Tom Melymuk
Director, City Development
Subject: Zoning By-law Amendment Application A 8/12
Craig Marshall
1897 Woodview Avenue
Recommendation:
1. That Zoning By-law Amendment Application A 8/12, submitted by Craig Marshall,
to amend the zoning of the subject lands to permit the creation of thirteen lots for
future residential development on lands municipally known as 1897 Woodview
Avenue, be approved;
2. That the draft zoning by-law to implement Zoning By-law Amendment Application
A 8/12, as set out in Appendix I to Report PLN 05-13, be finalized and forwarded
to City Council for enactment;
3. That the request made by Craig Marshall, to permit the division of the subject
lands, municipally known as 1897 Woodview Avenue, through land severance
rather than by draft plan of subdivision, be approved;
4. That Informational Revision #18 to the City of Pickering Official Plan Highbush
Neighbourhood Map (Map 20) to delete the street connection from Nordane
Drive to Sandhurst Crescent, as set out in Appendix II, be approved;
5. That City staff begin the process of stopping-up, closing and declaring surplus
the parts of Nordane Drive within Plans 40M-1861 and 40M-1892 required to
complete the lotting pattern shown on Attachment #3, with the intent of conveying
them to Craig Marshall for an amount to be determined by an appraisal and i
satisfactory to the City Solicitor; and that the sale of the lands will be subject to:
a. all required easements;
b. the preparation of the appropriate reference plans, at no cost to the City,
legally describing th� parts within Plans 40M-1861 and 40M-1892 being
stopped-up, closed and conveyed;
c. the preparation of an appraisal to determine the value of the lands;
d. the payment of all legal costs and disbursements by Craig Marshall (the
applicant); and
e. Craig Marshall (the applicarrt) entering into the appropriate Development
Agreement with the City for the development of the residential lots; and
Report PLN 05-13 April 8, 2013
Subject: Zoning By-law Amendment Application (A 8/12) Page 2
6. Further, that Council authorize staff to bring forward the by-law required to
formally stop-up and close the parts of Nordane Drive with Plans 40M-1861 and
40M-1892 required to complete the lotting pattern shown on Attachment #3 for
enactment and registration.
Executive Summary: The subject property is located on the east side of Woodview
Avenue, north of Pine Grove Avenue (see Location Map —Attachment #1).
The application proposes to rezone the easterly portion of the subject property from an
agricultural zone to a residential zone in order to facilitate the development of thirteen
lots, consisting of eight lots for detached dwellings having frontage on Sandhurst
Crescent, and three lots for detached dwellings and two lots for four semi-detached
dwellings having frontage on Nordane Drive (see Applicant's Plan —Attachment#2).
The applicant is also requesting authorization from Council to create the lots through
land division instead of through a plan of subdivision and to delete the extension of
Nordane Drive to Sandhurst Crescent from the Highbush Neighbourhood Plan.
The recommended zoning amendment represents appropriate density and perFormance
standards for this infill development. The proposed development is appropriate and
implements the Official Plan. The development demonstrates an appropriate lotting
pattern and is in keeping with the established lotting pattern along each street. The
deletion of the north-south road connection of Nordane Drive to Sandhurst Crescent is
also appropriate as it does not significantly affect the connectivity within the
neighbourhood. It is recommended that this street connection be deleted from the City
of Pickering Official Plan Highbush Neighbourhood Map, and that City staff begin the
process of stopping up, closing and declaring surplus the parts of Nordane Drive no
longer required for the road connection.
City Development staff is satisfied that a plan of subdivision is neither appropriate nor
necessary since the subject lands represent a small infill development along an existing
road network and there are existing services available along both Sandhurst Crescent
and Nordane Drive and therefore the lands can proceed through land division.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
1. Background
The residential lands surrounding the subject property were developed in the late
1990s. At that time, a large agricultural property was subdivided to
accommodate residential plans of subdivision consisting of detached and semi-
detached dwellings. The subject property was not included in the development
at that time and currently retains its agricultural zoning. Municipal service
connections were installed along Sandhurst Crescent and Nordane Drive to
facilitate the future development of the subject property.
Report PLN 05-13 April 8, 2013
Subject: Zoning By-law Amendment Application (A 8/12) Page 3
1.1 Property Description �
The subject property is located on the east side of Woodview Avenue, north of
Pine Grove Avenue and is approximately 0.52 hectares in area (see Location
Map —Attachment#1). A land division application (LD 33/13) was approved by
the Durham Region Land Division Committee on February 11, 2013, to sever the _
westerly portion of the subject lands, containing the existing detached dwelling,
while retaining the easterly portion of the subject lands intended to be developed
for future residential lots. There is existing mature vegetation on the property,
centrally clustered and located along the north, west and south property lines
with open spaces throughout the site.
Established low density residential subdivisions surround the subject lands
comprising detached and semi-detached dwellings with the exception of the
lands at the northeast quadrant of Pine Grove Avenue and Woodview Avenue,
which consist of large residential lots containing detached dwellings.
1.2 Applicant's Proposal
The applicant is proposing to rezone the easterly portion of the subject property
from an agricultural zone to various residential zones to facilitate the
development of thirteen lots, consisting of eight lots for detached dwellings
having frontage on Sandhurst Crescent, and three lots for detached dwellings
and two lots for four semi-detached dwellings having frontage on Nordane Drive.
The proposal requests deletion of the extension of Nordane Drive to Sandhurst
Crescent, as shown on the Highbush Neighbourhood Plan. The applicant is also
requesting authorization from Council to create the proposed lots through land
division, whereas the Pickering Official Plan limits the number of new lots that
can be created by land severance to a maximum of three.
In order to facilitate the development, the applicant is proposing to combine the
subject lands with seven existing part lots along Sandhurst Crescent and three
part lots along Nordane Drive to create fully buildable lots. The proposal also
requires the applicant to acquire a portion of the existing Nordane Drive road
allowance along Nordane Drive and Sandhurst Crescent from the City.
2. Comments Received
2.1 At the February 4, 2013 Public Information Meeting and in written
submission
Approximately four area residents/landowners attended the meeting.
Report PLN 05-13 April 8, 2013
Subject: Zoning By-law Amendment Application (A 8/12) Page 4
A consultant appeared before the Committee on behalf of the developer of
Nordane Drive (Maxcon Developments Ltd), who had conveyed land to the City
many years ago to facilitate the future extension of Nordane Drive. He noted that
there had been an Ontario Municipal Board hearing regarding his client's ,
property. He also questioned whether his client would be reimbursed for his '
expenses with respect to servicing, noting he had complied with the City's
request at the time and now consideration is being given not to make Nordane
Drive a through road. Two area residents provided written concerns. The issue
identified was the same in each letter requesting i'nstallation of a wooden privacy
fence along the easterly adjacent property lines with the subject property.
The Subdivision Agreement, which was executed between the City of Pickering
and Maxcon Developments Ltd. through Draft Plan Number 18T-84018 (Phase 2),
does not include any reference to reimbursements for financial payments made
by Maxcon Developments Ltd. for the servicing and construction of the northern
terminus of Nordane Drive; nor does it require the reconveyance to Maxcon
Developments Ltd. of any parcels of land previously transferred by it.
The Development Agreement, which will be executed between the City of
Pickering and the applicant, will include a condition to erect a wood privacy fence
along the property lines adjacent to existing property owners.
2.2 City Departments & Agency Comments I
Region of Durham • subject lands are located within the "Living Areas"
designation in the Durham Region Official Plan
• the Region of Durham Planning Department has advised
that this application complies with the policies of the
Regional Official Plan
• Schedule `B' of the Durham Region Official Plan has
identified a Key Natural Heritage Feature being located
on the subject site. A vegetation assessment was
submitted addressing the Natural Heritage Significance
of the wooded area. Given the relative size, isolation and
lack of mature tree species, it appears that this does not
constitute a Key Natural Heritage Feature as defined by
the Regional Official Plan
• sanitary and water services are available to the subject
property
Durham Region . no objections to the application
Transit
Engineering & . generally satisfied with the configuration of the cul-de-sac
Public Works at the end of Nordane Drive
• the proposed lot configuration provides sufficient frontage
to allow servicing of the lots '
Report PLN 05-13 " April 8, 2013
Subject: Zoning By-law Amendment Application (A 8/12) Page 5
• as a condition of approval of the land division applications,
the owner is required to enter into a development
agreement with the City
3. Planning Analysis
3.1 The proposal complies with the density provisions of the Pickering Official
Plan
The Pickering Official Plan designates the subject property as "Urban Residential
— Low Density Areas" 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 proposal to create thirteen new lots
represents a net density of approximately 27 units per net hectare, which falls
within the permitted density range.
3.2 Deletion of Nordane Drive Road Connection is supported by Staff
The Highbush Neighbourhood Map illustrates a proposed new road connection
extending Nordane Drive to Sandhurst Crescent (see Attachment#4 — Highbush
Neighbourhood Map). The existing roadway network in this neighbourhood
provides for adequate connectivity for all modes of travel and therefore the
additional linkage between Sandhurst Crescent and Nordane Drive would provide
minimal benefits to existing residents in terms of efficient traffic movement.
Furthermore, the extension of Nordane Drive is not contemplated for transit
service, which will continue along Pine Grove Avenue. The residents in the
immediate area have not raised any issues with respect to the deletion of
Nordane Drive extension. The City Development Department is supportive of the
deletion of the north-south road connection of Nordane Drive to Sandhurst
Crescent and recommends that this street connection be deleted from the City of
Pickering Official Plan Highbush Neighbourhood Map (see Appendix II —
Informational Revision 18).
The applicant has expressed a desire to purchase Block 17, Plan 40M-1861 from
the City. Block 17 is a 1 foot reserve across Nordane Drive immediately adjoining
the south boundary of the subject property. The Director, Corporate Services &
City Solicitor confirms that Block 17 may be sold to the applicant subject to the
requirements of the City's Policy with respect to the acquisition and disposal of
land.
3.3 The proposed development is consistent with the character of the
. established neighbourhood
The subject property is within an established residential neighbourhood with a
majority of detached dwellings fronting onto Sandhurst Crescent and semi-
detached dwellings fronting onto Nordane Drive. The proposed lotting pattern
along Sandhurst Crescent and Nordane Drive is consistent with the established
lotting pattern within the immediate neighbourhood and maintains the
neighbourhood character.
Report PLN 05-13 April 8, 2013
Subject: Zoning By-law Amendment Application (A 8/12) Page 6
The proposed zoning by-law amendment extends the existing zoning along
Nordane Drive and Sandhurst Crescent into the subject lands to continue the
built form of the existing residential neighbourhood and to ensure consistency
along the street. The proposed frontage and area of the proposed lots are
consistent with the established lot frontage and lot area of the surrounding
neighbourhood. The proposed lotting pattern is desirable and it would be in
keeping with the character of the established neighbourhoods.
3.4 Council's approval is required to permit the new lots to be created through
land severance
Section 15.26 (b) of the Pickering Official Plan requires that land capable of
being divided into more than three additional lots be developed by a draft plan of
subdivision, except where it is demonstrated to Council's satisfaction that a plan
of subdivision is neither appropriate nor necessary in which case Council may
authorize the development to proceed by land severance.
Land division applications were submitted by Craig Marshall to the Durham
Region Land Division Committee on January 2, 2013. At that time, City staff
requested that the applications to create eight residential lots along Sandhurst
Crescent be tabled until the zoning by-law amendment had been considered by
Council, and Council granted the authorization to permit the division of the
subject lands through land division rather than by draft plan of subdivision.
When Council authorizes a development to proceed by land division, the City can
require the owner to enter into one or more agreements respecting matters that
would normally have been covered by a subdivision agreement.
Planning staff is satisfied that a plan.of subdivision is neither appropriate nor
necessary since the subject lands represent a small infill development along an
existing road network and there are existing services available along both
Sandhurst Crescent and Nordane Drive. The City will have the opportunity to
provide comments and recommend conditions of severance to the Region of
Durham Land Division Committee addressing development matters such as, but
not limited to:
• the requirement for a development and noise agreement
• the installation of servicing connections
• an architectural design statement (to ensure the proposed housing design is
in keeping with the character of the established neighbourhood)
• a tree preservation (where practical) and enhancement plan
• stormwater management report
• preliminary lot grading and drainage plans
• proposed driveway locations and entrances
� cash-in-tieu of parkland dedication taken as if the property was being
developed by draft plan of subdivision (5% contribution)
• securities and insurance, and
• Council's authorization to proceed by land division
Report PLN 05-13 April 8, 2013
Subject: Zoning By-law Amendment Application (A 8/12) Page 7 ',
,'
3.5 Stop-Up, Closure and Conveyance of Nordane Drive Road Connection
The road allowance for the extension of Nordane Drive was acquired by the City
through the development of two registered plans of subdivision (40M-1861 and
40M-1892). With the deletion of the road connection of Nordane Drive to
Sandhurst Crescent, the road allowances are no longer required by the City.
In order to convey these lands to Craig Marshall, for the development of the
proposed residential lots, reference plans will be required to legally describe the
limits of Nordane Drive within Plans 40M-1861 and 40M-1892. An appraisal to
determine the value of the road pieces will need to be done by the applicant prior
to City staff bringing forward a by-law to Council to formally stop-up and close the
required portions of Nordane Drive and to authorize the sale of these lands.
3.6 Sustainability Implications
Staff's review of the application against the City's Draft Sustainable Development
Guidelines resulted in a score below the Level 1 standard. Given the small
scope of the application, there is limited opportunity to achieve Level 1.
The proposed development will utilize existing services along Sandhurst
Crescent and Nordane Drive.
Further opportunities exist for the applicant to implement additional sustainable
options through future development and building permit processes.
3.7 By-law to be forwarded to Council
The lands are currently zoned "A" — Rural Agricultural Zone. The draft zoning
by-law attached as Appendix I to this report replaces the "A" zone with various
residential zones (S3, S4 and SD-A) with 10.0 and 12.0 metre minimum
frontages for detached dwellings and 7.5 metre minimum frontages for �
semi-detached dwellings to facilitate the development of the subject lands.
It is recommended that the draft by-law be finalized and forwarded to Council for
enactment.
4.0 Applicant's Comments
The applicant is aware of the recommendations of this report and concurs.
Report PLN 05-13 April 8, 2013 '
Subject: Zoning By-law Amendment Application (A 8/12) Page 8
Appendices
Appendix I Draft Implementing Zoning By-law
Appendix II Informational Revision #18 to the Pickering Official Plan
Revision to Highbush Neighbourhood Map — Proposed Deletion of Road
Connection
Attachments
1. Location Map
2. Applicant's Revised Plan
3. Lotting Pattern of Surplus Lands
4. Highbush Neighbourhood Map
Prepared By: Approved/Endorsed By:
- � {'����- --
Melissa arkha , MCIP, RPP Catherine Rose, MCIP, RPP
Principal Planner— Development Review (Acting) Chief Planner
�
- Nilesh urti, MCIP, RPP Tom Melym� k, M , RPP
Manager, Development Review & Director, City Dev opment
Urban Design �\
MM:Id �
Recommended for the consideration
of Pickering City uncil
' � Q,C • Z5, �l3
Tony Preve el, P.Eng.
Chief Administrative Officer
� Appendix I to
Report PLN 05-13
Draft Implementing Zoning By-law .
Amendment Application A 8/12 �
The Corporation o t 't of Pickering
By-I . xxxx/13
Being a by-law to amend Restricted Area (Zoning) By-law 3036,
as amended, to implement the Official Plan of the City of
Pickering, Region of Durham, at 1897 Woodview Avenue in the
City of Pickering (A 8/12)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit the development of thirteen lots, consisting of eight lots for detached dwellings
having frontage on Sandhurst Crescent, three lots for detached dwellings and two lots
for semi-detached dwellings having frontage on Nordane Drive, at 1897 Woodview
Avenue, in the City of Pickering;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows: �
1. Schedule I
Schedule I to By-law xxxx/13 is hereby amended by changing the zoning from A -
Agricultural to S3 and S4 — Residential Detached Dwelling Zones and SD-A —
Residential Semi-Detached Dwelling Zone for the Subject Land shown on
Schedule I attached to and forming part of this By-law.
2. Schedule II
(i) Despite the provisions of Section 5.14 of By-law 3036, the lot frontage for
the lots shown as cross hatched on Schedule II shall be measured at the
front wall of the dwelling.
(ii) Despite the definition of rear lot line of By-law 3036, the rear lot line shall
be defined as the westerly lot line for those lots shown as cross hatched
on Schedule II. .
3. Effective Date `
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law read a first, second and third time and finally passed i �of xx, 2013.
�..
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David Ryan, Mayor
� Debbie Shields, City Clerk
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Appendix II to
Report PLN 05-13
Informational Revision #18 �
To the Pickering Official Plan
Revision to Highbush Neighbourhood Map
Proposed Deletion of Road Connection
. '
I
. . /
Informational Revision No. 18 to the Pickering Official Plan
Purpose: The purpose of this amendment is to delete a proposed road
connection from Nordane Drive to Sandhurst Crescent to implement
the development of a residential neighbourhood (A 8/12)
Location: The subject lands are approximately 0.52 hectares in area and are
located on the east side of Woodview Avenue, north of Pine Grove
Avenue.
Basis: The amendment has been determined to be appropriate because it
will keep the Pickering Official Plan up-to-date with Council's
approvals of development applications in the Highbush
Neighbourhood.
Actual: The City of Pickering Official Plan is hereby revised as shown on
Amendment the attached Exhibit and listed as below:
1. On Map 20, Neighbourhood 10: Highbush:
- Delete a "New Road Connection (Proposed)" extending
� Nordane Drive to Sandhurst Crescent;
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