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HomeMy WebLinkAboutPLN 23-18--C1:/p P1CKER1NG From: Kyle Bentley Report to Planning & Development Committee Report Number: PLN 23.-18 Date: September 11, 2018 Director, City Development & CBO Subject: Zoning By-law Amendment Application A 04/18 Request for Red-Line Revision of Draft Approved Plan of Subdivision SP-2009-11 (R) Mattamy (Seaton) Limited Part of Lots 21 & 22 Concession 4, Part of Lots 21, 22 & 23 Concession 5 Seaton Community City of Pickering Recommendation: 1. That Revision to Draft Plan of Subdivision SP-2009-11 (R) submitted by Mattamy (Seaton). Limitetj, to permit a red-line revision to a draft approved plan of subdivision on lands being Part of Lots 21 & 22 Concession 4, Part of Lots 21, 22 & 23 Concession 5, as shown on the Applicant's Revised Plan Attachment #2 to Report PLN 23-18, be endorsed; 2. That the proposed amendments to the conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2009-11 (R) as set out in Appendix I to Report PLN 23-18 be endorsed; 3. That the Local Planning Appeal Tribunal (formally known as the Ontario Municipal Board) be advised of City Council's decision on the request for a red-line revision to Draft Plan of Subdivision SP-2009-11 (R) and that the City Solicitor be authorized to attend any Local Planning Appeal Tribunal/Ontario Municipal Board hearing on the requested red-line revision; 4. That Zoning By-law Amendment Application A 04/18, submitted by Mattamy (Seaton) Limited, to implement the red-line revision to Draft Approved Plan of Subdivision SP-2009-11 (R), be approved, and the draft zoning by-law contained in Appendix II to Report PLN 23-18 be forwarded to Council for enactment. Executive Summary: Mattamy (Seaton) Limited has requested a revision to a portion of the draft approved plan of subdivision in the Wilson Meadows Neighbourhood, in the Seaton Community. This draft plan of subdivision was approved by the Ontario Municipal Board (0MB) (see Location Map, Attachment #1 ). The applicant has requested a zoning by-law amendment in order to implement the proposed revisions to the draft approved plan of subdivision. The proposed revisions to the draft plan of subdivision are appropriate and conform to the Central Pickering Development Plan, the Pickering Official Plan and the Wilson Meadows Neighbourhood policies. The revisions to the draft plan do not alter the overall plan's design and the inclusion of additional lands to the draft plan of subdivision completes the development. Report PLN 23-18 Subject: Mattamy (Seaton) Limited (SP-2009-11 (R), A 04/18) September 11, 2018 Page 2 Staff recommend that Council approve a red-line revision to a draft approved plan of subdivision, endorse the amended conditions of approval as set out in Appendix I, approve the Zoning By-law Amendment Application A 04/18, endorse the implementing zoning provisions contained in Appendix II, and authorize staff to finalize and forward an implementing Zoning By-law to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed applications. 1. Background 1.1 Property Description The subject lands are located north and south of Whitevale Road, west of Mulberry Lane within the Wilson Meadows Neighbourhood, which is part of the Seaton Community (see Location Map, Attachment #1 ). The lands covered by the approved Draft Plan of Subdivision SP-2009-11(R) have a land area of approximately 54 hectares. A remnant parcel located at 1415 Whitevale Road, which is proposed to be added to the plan of subdivision, has an area of approximately 0.8 of a hectare. The surrounding lands are all owned by the Province and are designated Seaton Natural Heritage System. Beyond the Seaton Natural Heritage lands are privately owned lands subject to other draft plans of subdivisions. 1.2 Applicant's Proposal The original Plan of Subdivision SP-2009-11 was draft approved by the 0MB in December 2013. The related zoning that implements the subdivision, being the Seaton Zoning By-law 7364/14, was confirmed by the Province through an Order in Council in March 2014. Since these approvals, the landowner has commenced detailed design for the draft plan of subdivision. This has resulted in engineering and urban design modifications to certain roads and the lotting fabric of the approved draft plan of subdivision. The majority of the draft plan of subdivision and zoning remains unchanged as the revisions mostly affect the area in the central portion .of the draft plan (see Attachment #2, Submitted Revised Draft Plan of Subdivision and Attachment #3, Submitted Revised Draft Plan of Subdivision with Proposed Zoning). The major change is to convert the back-to-back townhouses to lane based townhouses along the east.side of the north-south spine to enhance the urban design for this area. This change will eliminate the driveways on the east side of the spine collector road. The other significant change is the incorporation of the remnant parcel on the south side of Whitevale Road into the draft plan of subdivision. This land is proposed for 17 detached dwellings and extensions of proposed roads. Including this parcel in the subdivision allows for the completion of an integrated development for the neighbourhood. Report PLN 23-18 Subject: Mattamy (Seaton) Limited (SP-2009-11 (R), A 04/18) 2. Comments Received 2.1 April 3, 2018 Public· Information Meeting and Written Comments September 11, 2018 Page 3 No members of the public who attended the meeting voiced comments regarding the proposed applications. No comments have been received from the public as a result of circulation of the public notice of the applications. 2.2 City Departments & Agency Comments 2.2.1 Region of Durham • the proposed amendment to the draft approval is minor in nature and will contribute to a safer community with less driveways accessed along the main collector road • no objection to the proposed amendment to the draft plan and the existing Regional conditions of approval are appropriate with the change to reflect the revised plan 2.2.2 Toronto and Region Conservation Authority • no objections to the approval of the zoning by-law amendment or the revision to the draft approved plan of subdivision and the existing conditions of approval are appropriate with the change to reflect the revised plan • technical matters can be addressed through the implementation of the conditions of approval 2.2.3 City of Pickering Engineering Services Department· • no objection; technical matters can be addressed through the implementation of the conditions of approval 2.2.4 Durham District School Board • no objections to the proposal • the existing conditions of approval as approved by the 0MB are appropriate 2.2.5 Durham Catholic District School Board • no objections to the proposal • the existing conditions of approval as approved by the 0MB are appropriate 2.2.6 Other Agencies • no other agency that provided comments on the applications expressed any concern with the proposed land use • detailed design matters can be addressed in the fulfillment of the conditions of approval Report PLN 23-18 September 11, 2018. Subject: Mattamy (Seaton) Limited (SP-2009-11 (R), A 04/18) Page 4 3. Planning Analysis 3.1 The revised draft plan of subdivision conforms to the Central Pickering Development Plan, the Pickering Official Plan and is consistent with the policies for the Wilson Meadows Neighbourhood The original applications, as approved by the 0MB, were in conformity with the policies and provisions of the Central Pickering Development Plan, the Pickering Official Plan and the Wilson Meadows Neighbourhood Plan. The revisions to the draft plan of subdivision are considered minor in nature. Matters such as land use, density, natural heritage preservation, sustainable development, servicing, and urban design have not been impacted by the revisions. 3.2 The revised draft plan of subdivision will improve the urban design of the core area of the draft plan The revised draft plan reinforces the pedestrian supportive urban design by removing driveways on the east side of the collector road. This revision will create an improved pedestrian oriented spine road through the subdivision. This proposal is consistent with the City's urban design goals and objectives in the Seaton Sustainable Placemaking Guidelines. 3.3 The addition of the remnant parcel into the revised draft plan of subdivision will complete the area in terms of urban design The revised draft plan adds to the plan the one remaining parcel of land not included in the original plan of subdivision. The inclusion of this 0.8 of a hectare parcel will allow that parcel to be appropriately integrated within the surrounding development with respect to land use, street layout and lotting. The addition of this parcel will allow the urban design envisioned in the Neighbourhood Plan to be achieved. The rezoning of this parcel will complete the zoning for this area of Seaton. 3.4 Technical matters will be addressed as conditions of subdivision approval Detailed design issues will be dealt with through the subdivision agreement process. The draft plan conditions of approval ensure that all of the City's technical, financial, and other matters will be addressed prior to the finalization of the draft plan of subdivision. 4. Conclusion The applicant's proposal satisfies the applicable Pickering Official Plan policies for the Wilson Meadows Neighborhood and also addresses the appropriate urban design requirements as established in the Seaton Sustainable Placemaking Guidelines. The applicant has worked with City staff and external agencies to address various technical requirements. It is recommended that Condition A-1 of the Conditions of Approval for Draft Plan of Subdivision SP-2009-11 (R), be endorsed by Council, as set out in Appendix I to this Report. Condition A-1 is the condition that identifies the actual plan being approved. All of the other existing draft plan conditions will remain the same. Report PLN 23-18 Subject: Mattamy (Seaton) Limited (SP-2009-11 (R), A 04/18) September 11, 2018 Page 5 Staff supports the rezoning application and recommends that the draft implementing by-law provided as Appendix II to this Report be finalized and brought before Council for enactment. The by-law will not come into effect until the Local Planning Appeal Tribunal (LPAT)/OMB has made an approval decision on the revision to the draft plan of subdivision. The proposed revision to the draft approved plan of subdivision and application to amend the zoning by-law are considered to be minor modifications to the development that was previously approved by the 0MB and therefore continues to represent good planning. These applications are: • consistent with the Provincial Policy Statement, 2014 • in conformity with the Growth Plan for the greater Golden Horseshoe, 2017 • in conformity with the Central Pickering Development Plan • in conformity with the Durham Region Official Plan • in conformity with the City of Pickering Official Plan 4.1 Local Planning Appeal Tribunal/Ontario Municipal Board is the Approval Authority for this Revision to the Draft Plan of Subdivision As the subject draft plan of subdivision was approved by the 0MB, the LPAT/OMB is also the approval authority for the requested revision. If Council supports the requested revision, it is anticipated that the owner and the City will approach the LPAT/OMB to approve the requested revision. 4.2 Applicant's Comments The applicant supports the recommendations of this report. Appendices Appendix I Recommended Conditions of Approval for Draft Plan of Subdivision SP-2009-11 (R) Appendix II Recommended Zoning By-law Amendment Application A 04/18 Attachments 1 . Location Map 2. Submitted Revised Draft Plan of Subdivision 3. Submitted Revised Draft Plan of Subdivision with Proposed Zoning Report PLN 23-18 Subject: Mattamy (Seaton) Limited (SP-2009-11 (R), A 04/18) September 11, 2018 Page 6 Prepared By: &§.;p, Principal Planner, Strategic Initiatives RP:ld Recommended for the consideration of Pickering City Council Approved/Endorsed By: Catherine Rose, MCIP, RPP Chief Planner y{JA Kyle Bentley, P.Eng. Director, City Development & CBO ~ ~.27,2016 Tony Prevedel, P.Eng. Chief Administrative Officer Appendix I to Report No. PLN 23-18 Recommended Revised Condition of Approval for Draft Plan of Subdivision SP-2009-11 (R) I REVISED I Original Ontario Municipal Board approved draft plan Condition A-1 for Draft Plan of Subdivision SP-2008-11: Section A -General 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Macaulay Shiomi Howson Limited, revised and dated August 16, 2013 which illustrates 79 blocks for 600 detached dwelling units, 36 blocks for 398 townhouse dwelling units, future residential development blocks, a park block, 2 village green blocks, a trail head block, a school block, 5 stormwater management facility blocks, a servicing access block, open space blocks, roadways and road widening blocks. Revised draft plan Condition A-1: Section A -General 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Macaulay Shiomi Howson Limited, revised and dated January 2, 2018 which illustrates 82 blocks for 620 detached dwelling units, 37 blocks for 350 townhouse dwelling units, 2 blocks for 48 back-to-back dwelling units, future residential development blocks, a park block, 2 village green blocks, a trail head block, a school' block, 5 stormwater management facility blocks, a servicing access block, open space blocks, roadways and road widening blocks. Appendix II to Report No. PLN 23-18 Draft Zoning By-law Amendment A 04/18 ickering By-I Being a By-law to amend Restricted Area (Zoning) By-law 7364/14, to implement the Official Plan of the City of Pickering, Region of Durham, for land at Part of Lot 21 & 22 Concession 4, and Part of Lots 21, 22 & 23 Concession 5 City of Pickering (A 04/18) Whereas the Council of The Corporation of the City of Pickering received an application to rezone portions of the subject lands being Part of Lot 21 & 22 Concession 4, and Part of Lots 21, 22 & 23 Concession 5, in the City of Pickering to permit revisions to a draft app'roved plan of subdivision; And whereas an amendment to Zoning By-law 7364/14, is deemed necessary to permit the requested revisions. 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 are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Part of Lot 21 & 22 Concession 4, and Part of Lots 21, 22 & ?3 Concession 5, in the City of Pickering, designated "LD1, LD1-T, LD2, MD-OS" on Schedule I attached hereto. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. By-law 7364/14 By-law 7364/14, 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 to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7364/14. By-law No. XXXX/18 Page 2 5. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act, upon the approval by the Local Planning Appeal Tribunal/Ontario Municipal Board of the red-line revisions to Draft Approved Plan of Subdivision SP-2009-11 . By-law passed this XXth day of XXXX, 2018. FT David Ryan, Mayor Ff Debbie Shields, City Clerk I I \ I I \ I \ I \ I \ I I I (J) 0 0 ~ I I I I I I I I l / ,-------------~· I I SWM l .-................. __ ._ ______ .._ ___________________________________ _ WHITEVALE ROAD I I '--------' ,---L SWM LD1 SCHEDULE I TO BY-LAW ____ _ PASSED THIS ____ _ DAY OF ______ 2018 MAYOR CLERK 1' "--.______________ j ( ___ ). p; ~~ -\ f-:---n ""~ .. ~-"~ R~~M -\ ) )---f I u~ ~~ ~ -Cdt;4-P1CKER1NG City Development Department -X I ~ ATTACHMENT# I TO Rf.PORT # PLN ~3-/S --__/ Subject Lands ! "" ~ y >y y ~) '!)(',,. ~\ ~">< )< ~ 1)0~ ) ~ w ~ )< ) ><'N ) )< ~ )y~ ~ ) l "~ ~ ) ~ , r 1415 1 Whitevale ..-Road I I I ~ \, 3 \ Location Ma \ ( y -> \ y l I 'i ) J J J y orporal!ono e iyo , e ng ro uce {inpart)u er 1cense om; ens nrter, no 11st,yo ah.rn esot..rt::es !! rlghtsreser.ed.;© Her Majesl'j the Queen In Right of Canada, Oepartmertoftlatu-al Resou-ees. Al rigttsreser.'ed.; I \ 'l \ ) ) \ >-" \ -" I::,; i LJ ~ "'-I --~ \ !:ITeranet Enterprises Inc. and Its sup Hers alt r!ghts reserved.;© Mun!dpal Property AssessmertC01J,Orationa~ Its sq:,p~ersalrigtts reseNed; nus IS NOT A PLAN OF SURVEY. -Ctq;o/-p](KER]NG City Development Department ATTACHMENT# c:) TO RtYOR1 I! Fl.Ni ,93 -/g NATIJRAi. HERITAGE SYSTEM Submitted Revised Draft Pian of Subdivision File No: A04/18 & SP-2009-11 R Applicant: Mattamy (Seaton) Limited NATURAL HERITAGE SYSTEM Property Description: Pt Lots 21 & 22 Con 4 & Pt Lots 21, 22 & 23 Con 5 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: March 14, 2018 -C~()/-p](KERJNG City Development Department ATTACHMENT# 3 TO RtPoR1 # pu\\ a>3-1 a I ' / HATVRAL 1£JUTAG< SYSTEM 1' Submitted Revised Draft Plan of Subdivision with Proposed Zoning File No: A04/18 & SP-2009-11 R Applicant: Mattamy (Seaton) Limited Property Description: Pt Lots 21 & 22 Con 4 & Pt Lots 21, 22 & 23 Con 5 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: March 14, 2018