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HomeMy WebLinkAboutPD 39-02 16 4 CitJ¡ ,,~ REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: July 22,2002 REPORTNUMBER: PD 39-02 SUBJECT: Request for Council's Permission to Deviate From Minimum Density Requirements Merin Investments Inc. Lots 28, 29 and 30, Plan 492 (East side of Glendale Drive, north of Kingston Road) (1841, 1845, 1849-1851 Glendale Drive) City of Pickering RECOMMENDATION: 1. That the request made by Merin Investments Inc., under Section 14.1(f)(ii) of the Pickering Official Plan, to allow development at a lower density than the required minimum, for lands designated Urban Residential Areas - Medium Density Area, being Lots 28, 29 and 30, Plan 492, be APPROVED. ORIGIN: Land Severance Applications LD 156/02 to 162/02, and a request made by the owner to the City of Pickering requesting that Council authorize a deviation from the minimum density requirements of the Pickering Official Plan. AUTHORITY: The Planning Act, RS.O. 1990, chapter P.B; Section 14. 1 (f)(ii) of the Pickering Official Plan. FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result ofthe proposed development. EXECUTIVE SUMMARY: The owner of the subject lands (Merin Investments Inc.) has recently made applications to the Durham Land Division Committee (LD's 156/02 to 162/02) proposing the creation of 10 lots with lot frontages of 7.65 metres with the intent to develop 10 semi-detached units. A property location map and a reduction of the applicant's proposal are included as Attachments #1 and #2 respectively. A prior owner of the subject lands had submitted land severance applications proposing the identical development and received approval subject to conditions. However, at that time, the lands were designated Residential Low Density II under the City's old official plan, the Pickering District Plan. That owner did not fulfill the conditions of approval, and the applications subsequently lapsed. Under the City's new Official Plan, the subject lands are now designated Urban Residential Areas - Medium Density Area, which requires a minimum net site density of over 30 units per net hectare to a maximum of 55 units per net hectare. The current proposal does not conform with the density requirements. Report to Council PD 39-02 Date: July 22, 2002 165 Subject: Request for Council's Permission to Deviate from Minimum Density Requirements Page 2 Therefore, the applicant is requesting a minor deviation from the minimum density requirements in accordance with section 14.1 (f)(ii) of the Pickering Official Plan, which permits minor deviations provided the purpose and intent of the plan is maintained. Approval of the applicant's request would result in a reduction to the minimum density requirements from "over 30 units per net hectare" to "23.16 units per net hectare". This equals a difference of 4 fewer units on the site. The Planning & Development Department is supportive of the development of 10 semi-detached units on the subject lands as the form and scale of development is compatible with surrounding development. Accordingly, it is recommended that the applicant's request to deviate from the minimum density requirements be approved as all requirements of the City can be appropriately addressed as conditions of severance approval. BACKGROUND: Previous and Current Land Division Applications Identical A prior owner\applicant submitted Land Severance applications (LD 242/94 to 250/94) proposing the creation of 10 residential buildings lots with 7.65 metre lot frontages in order to facilitate the development of 10 semi-detached units. The previous owner\applicant obtained permission from Council to proceed with the creation of the 10 lots by land severance rather than by plan of subdivision on September 19, 1994 as per Council resolution 214/94 and the applications were approved subject to conditions in 1994. The prior owner\applicant did not fulfill the conditions of approval within the specified timeframe and the applications lapsed. The current owner\applicant (Merin Investments Inc.) submitted Land Severance Applications (LD 156/02 to 162/02) to the Region of Durham Land Division Committee, proposing the identical development of 10 semi-detached units. Since the new proposal is identical to the previous request, it is not necessary to obtain Council's authorization to implement the proposed land severances. However, the new proposal is subject to different provisions in the current Pickering Official Plan. land Severance Applications ill 152/02 to 162/02 were tabled by the Durham land Division Committee at their July 15, 2002 meeting, at the request of the Planning & Development Department, to allow the applicant time to obtain permission from City Council to permit development below the minimum density requirements. Previous and Current Official Plan Desie:nations Different for Subject Lands At the time the previous land severances were submitted, the subject lands were under the jurisdiction of a previous official plan (the Pickering District Plan), which designated the lands as Residential Low Density II within the Liverpool Community Plan. This designation permitted the establishment of residential uses at density range of between 12 to 25 units per net hectare. The original proposal complied with the relevant provisions ofthe Pickering District Plan. The subject lands are currently designated Urban Residential Area - Medium Density Area within the Liverpool Neighbourhood, which permits residential uses at a density range of over 30 units per net hectare and up to 55 units per net hectare. The current proposal, if approved, would result in a density of 23.16 units per net hectare and would not comply with the minimum requirements of the medium density designation Section 14.1 (f)(ii) of the Official Plan indicates that maximum residential targets are definite and that all other figures and quantities are approximate. Further, the Plan provides that City Council may permit minor deviations provided the purpose and intent of the Plan is maintained. 166 Report to Council PD 39-02 Subject: Request for Council's Pennission to Deviate from Minimum Density Requirements Date: July 22, 2002 Page 3 The Planning & Development Department supports the reduction in the minimum density requirements as the effects of forcing the creation of 4 additional lots to meet the current minimum density requirements would be negligible and the current proposal is compatible with existing residential uses along Glendale Drive as it provides a transition from the detached dwellings on the west side of Glendale Drive to the existing commercial uses fronting onto Liverpool Road. Public Input Throu2h Required Zonin2 By-law Amendments The current zoning of the subject lands permits the establishment of semi-detached and\or townhouse units. The provisions of the by-law were intended to implement a proposed condominium development. The amending by-law contains provisions that are specific to a condominium development and are not conducive for the development of freehold semi-detached dwellings. The applicant will be required to pursue amendments to the existing by-law to amend the portions of the by-law that are pertinent to a condominium development such as visitor parking and setback requirements. The applicant intends to pursue the required amendments through the submission of multiple applications to the Committee of Adjustment. Circulation of the Committee of Adjustment applications will provide an opportunity for area residents to review and comment on the proposal. City's Interests Addressed throu2h Conditions of Land Severance Through the review and comment on the associated land division applications, the City will require the applicant to enter into a development agreement to address matters typically covered in a plan of subdivision. All interests of the City will be appropriately addressed through the registration of the agreement. ATTACHMENTS: 1. 2. Property Location Map Applicant's Submitted Plan Approved I Endorsed by: CI , RPP . . g & Development ynda Taylor, MCIP, RP Manager, Current Operations TBltd Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ¿:::?' .~ ~ uinn, Chief Administrative Officer ATTACHMENT # i TO REPORT I PD~ 167 -w -> æ -0 0 « 0 II: --~ « 0- 0 -~--§- - ~__CI 1'1- Z -1- -- -- -- - ROAD =--c - ~"'~ ~I : = = =- == ==]lIT -- 0 ~ Iii -1;;== :5 Ö -~== . ~ Iñ== . - --'- .-- '- GLENANNA -- -- .--- ---- -1 ð II: :-( A-O '\ r\ \ G \"A \ \J Þ'- c.t-I.f1.. City of Pickering PROPERTY DESCRIPTION LOTS 28 29 AND 30 P OWNER 840119 ON I LAN 492 TARIO LTD. APPLICATION No . LD 156/02 TO LD 162/02 FOR DEPARTMENT USE ONLY PN.12 STREET Planning & 0 evelopment Department DATE JULY 19, 2002 ' DRAWN BY RC SCALE 1 :7500 CHECKED BY T8 l' PA. 168 ATTACHMENT I 2 TO REPORT # PO ~q - 02 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN MERIN INVESTMENTS INC. LD 156/02 TO LD 162/02 ( w > cr 0 7.6m LOT 1 ----------- 7.6m LOT 2 ----------- W !~~-_':?2:~--~ ~ .!~~--~~::_-- <C _7~~__~O2~___~ 0 _7~~__~O2~___- 7.6m LOT 7 Z -7:6':;;---¡::ÖTS---- W -7Æ~--LOT9---- ~ -8:Õ~--LOT10---- C) ?--o~Q . O~ S\ 'f\~G ~ 0 0 CL cr w > ~ 0 <C 0 cr \ ~ l' THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PlANNING .k D£lÆLOPMENT DEPARTMENT. INFORMATION .k SUPPORT SERVICEs. JULY 22. 2002.