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PLN 25-19
646/ DICKERING Report to Planning & Development Committee Report Number: PLN 25-19 Date: December 2, 2019 From: Kyle Bentley Director, City Development & CBO Subject: Request for Council's Permission to Develop Lands through Land Severance Marshall Homes Part of Lot 30, Concession 1 South, and Part 1, Plan 40R-10110 (1855 Rosebank Road) Recommendation: 1. That the request made by Marshall Homes, to permit the division of the subject lands being Part of Lot 30, Concession 1 South, and Part 1, Plan 40R-10110 (municipally known as 1855 Rosebank Road) through land severance rather than by draft plan of subdivision, be approved. Executive Summary: Marshall Homes is proposing to develop the subject property located on the east side of Rosebank Road, south of Charnwood Court, municipally known as 1855 Rosebank Road, for a total of 13 lots for detached dwellings (see Location Map and Submitted Conceptual Plan, Attachments #1 and #3). Marshall Homes is requesting authorization from Council to create a total of 13 lots through the land severance process, whereas the Pickering Official Plan limits the number of new lots that can be created by land severance to a maximum of 3. The Pickering Official Plan requires that a property capable of being divided into more than 3 additional lots to be developed by a plan of subdivision, unless Council is satisfied that a subdivision plan is neither appropriate or necessary. On November 1, 2019 a notice was mailed to area residents within 65 metres of the subject property informing them of the proposal, and details of when Council will be considering Marshall Homes request to permit the division of the property through land division. Staff has reviewed the request and has concluded that a draft plan of subdivision is not required. The proposed lots would front existing public roads (Rosebank Road and Dencourt Drive) and all City technical requirements can be secured through conditions of approval for the land severance applications. It is recommended that Council authorize the request to create the lots through the land severance process. Financial Implications: No direct costs to the City are anticipated as a result of the recommendation of this report. PLN 25-19 December 2, 2019 Subject: Marshall Homes — 1855 Rosebank Road Page 2 1. Discussion 1.1 Property Description The subject property is located on the east side of Rosebank Road, south of Charnwood Court within the Amberlea Neighbourhood (see Location Map, Attachment #1). The property has an area of approximately 7,800 square metres with approximately 103 metres of frontage along Rosebank Road and 69 metres of frontage along Dencourt Drive. The property currently supports a detached dwelling and contains a significant amount of mature vegetation. Surrounding the subject property to the north, south and east is an established low density residential subdivision consisting of two-storey detached dwellings. Altona Forest Public School is located to the west across Rosebank Road (see Air Photo Map, Attachment #2). 1.2 Applicant's Proposal Marshall Homes has conditionally purchased the subject property with the intention of redeveloping the lands for a total of 13 lots for detached dwellings. Seven lots are proposed to front onto the east side of Rosebank Road, and 6 lots will front onto the west side of Dencourt Drive (see Submitted Conceptual Plan, Attachment #3). No new roads are being proposed. The lots fronting Rosebank Road will have a minimum lot frontage ranging between 13.7 metres and 15.3 metres, and lots fronting Dencourt Drive will have a minimum lot frontage of 13.5 metres, except for Lots 8 and 9. Given the irregular configuration of Lots 8 and 9, these two lots will have a slightly reduced lot frontage of 11.3 metres, but will have a much larger lot area exceeding zoning by-law requirements. 1.3 The proposal conforms to the density requirements of the Official Plan The subject property is within the Amberlea Neighbourhood and is designated "Urban Residential Areas — Low Density Areas" within the Pickering Official Plan. This designation provides for housing and related uses, and a density of up to and including 30 units per net hectare. The proposal will result in a net residential density of approximately 16.6 units per net hectare, which fall within the permitted density range. Schedule IIIB of the Official Plan identifies the subject property as a "Significant Woodland", due to the substantial amount of mature vegetation currently present on the lands. The existing vegetation is an isolated group of mature trees and is not identified as being part of the Natural Heritage System. The policies of the Official Plan require the submission and approval of an Environmental Report as part of the consideration of a development application or site alteration within 120 metres of a significant woodland. The purpose of the evaluation is to determine the ecological function and significance of the natural feature, and determine whether it warrants any protection. Compensation will be required for the loss of any or all of the woodland. Should Council approve the request to create the lots through the land severance process, Marshall Homes will be required to submit an Environmental Report in support of their applications for Land Division. PLN 25-19 December 2, 2019 Subject: Marshall Homes — 1855 Rosebank Road Page 3 1.4 The proposed lots generally comply with the existing "S1" zoning The property is currently zoned "S1" within Zoning By-law 3036, as amended by By-law 1929/84. The "S1" zone permits detached dwellings on lots with a minimum frontage of 13.5 metres and minimum lot area of 400 square metres. In 1984, the subject lands were rezoned to "51" with the intention to be redeveloped in the future for detached dwellings continuing the pattern of development of the surrounding subdivision. All of the proposed lots will maintain or exceed the minimum lot frontage and minimum lot area requirements of the "S1" zone with the exception of two lots. Lots 8 and 9 will have a slightly reduced minimum lot frontage of 11.3 metres due to their irregular 'pie shape' configuration. The applicant will be required to submit Minor Variance Applications requesting to reduce the minimum lot frontage to 11.3 metres Lots 8 and 9. Marshall Homes has indicated that they intend to generally conform to all required building setbacks, lot coverage and maximum building height requirements of the "S1" zone category in the construction of the dwellings. 1.5 Council's approval is required to permit the new lots to be created through land severance The Official Plan states that an ownership of land capable of being divided into more than three additional lots is required to be developed by a 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. The subject property is capable of being divided into a total of 13 lots. However, the proposed lots will front onto existing roads. The applicant has also indicated that they will utilize existing service connections that are available along Rosebank Road and Dencourt Drive. Should City Council approve the applicant's request to proceed through land severance, the City will have the opportunity to provide comments and recommend conditions of severance to the Region of Durham Land Division Committee. The following table indicates that all technical matters that the City could impose as conditions of approval through a draft plan of subdivision can be addressed through the land severance process: PLN 25-19 Subject: Marshall Homes — 1855 Rosebank Road December 2, 2019 Page 4 Technical Requirements Draft Plan of Subdivision Land Division Application Legal Agreement securing for: • road and boulevard restoration • sidewalks (where required) • servicing connections • boulevard tree planting • driveway locations and entrances • erosion and sediment control • incidental damage to adjacent properties during construction ✓ (Subdivision Agreement) ✓ (Development Agreement) City Review Fees (Engineering & Planning) ✓ ✓ Detailed Grading, Drainage & Servicing Plans ✓ ✓ Geotechnical Report ✓ ✓ Parkland Contribution ✓ ✓ Environmental Report ✓ ✓ Tree Inventory and Tree Removal/Preservation Plan and tree compensation ✓ ✓ Construction Management/Mitigation Measures including: • Temporary Fencing • Worker Parking Areas • Dust Control • Site Access ✓ ✓ Zoning Compliance ✓ ✓ Removal of the existing structures ✓ V Pre -Condition Survey of Adjacent Properties ✓ ✓ Dwelling Addresses ✓ V New Privacy Fencing ✓ ✓ Considering there are no new roads or any other municipal infrastructure required as a result of the proposal and the City can address all technical matters related to the development through the request of Land Division conditions, the City Development Department is satisfied that the proposed development is appropriate to be created through the land severance process. 1.6 Future applications to create the proposed lots On October 29, 2019, Marshall Homes submitted applications for Land Division to the Region of Durham in order to create the proposed lots. The Land Division Committee will consider the applications for severance on December 9, 2019. Public notification will be circulated by the Region notifying area residents of the meeting and the opportunities to provide comments. PLN 25-19 December 2, 2019 Subject: Marshall Homes — 1855 Rosebank Road Page 5 The applicant will also need to submit applications for Minor Variance to the City of Pickering to reduce the minimum lot frontages for Lots 8 and 9. Additional public notification will be provided to area residents when the City's Committee of Adjustment considers the variance applications and an opportunity for area residents to express their comments will be available at that time. Attachments 1. Location Map 2. Air Photo Map 3. Submitted Conceptual Plan Prepared By: Cody Morriso Plana'_ r II Nilesh Su i, MCIP, RPP Manager, Ievelopment Review & Urban Design CM:Id Approved/Endorsed By: Catherine Rose, MCIP, RPP Chief Planner --- Kyle Bentley, ' . Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Tony Prevedel, P. Eng. Chief Administrative Officer tJc -) ! e, 2.0 I 1 Attachment #1 to Report #PLN 25-19 e . ATMEa Summerpark Crescent Woodsmere Crescent Subject I Lands 0 0 0 0 E Altona Forest Public School S.m. Woodsmere Park 0 0 tB 0 0 U 0 St. Elizabeth Seton Catholic School 0 0 0 2 e•an R•.. cc 0 J 0 0 0 0 0 0 0 0 > 0 0 0 0 _`ava' °Z/ 9h0e ilIuu"u' Imxi dS a Charnwood Court • JJIti..iii�0 moinfr Strouds Lane Post Drive • 0 :roadoak Cre- Ashfield Court Highbush Public School Amberlea Park City/ PICKERING City Development Department Location Map Applicant: Marshall Homes Property Description: Pt Lot 30, Con 1 South, and Pt 1, 40R-10110 (1855 Rosebank Road) o The Corporation of the City 0 Pickering Produced on part) under license from'. O Queens Printer, Ontario Ministry of Natural Resource All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; O Teranet Enterprises Inc. and its suppliers all rights reserved; O Municipal Property Assessment Corporation and its suppliers all rights reserved Date: Nov. 05, 2019 SCALE: 1:4,000 THIS IS NOTA PLAN OF SURVEY L:\PLANNING\01-MapFiles\LD\2019\LD XX -19 Marshall Homes LD xx-19_LocationMap. mxd Attachment #2 to Report #PLN 25-19 '420111111111111/47a ri 1f14: , ki: ,c9 LiiWKII.. i COI colale ._ Woodsmere_Crescent Ashfield Court Studs Lane w ridPart 1. C4 Air Photo Map b/ PICKE R1 NG City Development Department Applicant: Marshall Homes Property Description: Pt Lot 30, Con 1 South, and Pt 1, 40R-10110 (1855 Rosebank Road) Date: Nov. 05, 2019 © The Corporation of the City of Pickerng Produced (in part) under license from .©Queens Printer,Ontano Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Rlght of Canada, Department of Natural Resources. All rights reserved.; ©Terenet Enterprises Inc. and itssuppliers all nghts reserved;© Mu nicipal Property Assessment Corporation and its suppliers all rights reserved.; SCALE. �.4r��� THIS IS NOT A PLAN OF SURVEY L:\PLANNING\01-MepF Hes \LD\2019\LD XX -19 Marshall Homes\LD xx-19_AirPhoto.mxd Attachment #3 to Report #PLN 25-19 Rosebank Road 1 533.4 m2 .38.9 2 533.1 m2 38.9 12 525.4 m2 38.9 3 c)I 595.4 m2 38.9 4 595.5 m2 38.9 CJi 5 G1 595.5 m2 38.9 6 595.6 m2 38.9 crT 7 595.6 m2 38.9 11 525.4 m2 38.9 10 525.4 m2 38.9 9 606.9 m2 4' 3 01 8 1015.6 m2 N ^� 17.7 Dencourt Drive 1.9 4.7 5.3 PICKERING City Development Department Submitted Conceptual Plan Applicant: Marshall Homes Property Description: Pt Lot 30, Con 1 South, and Pt 1, 40R-10110 (1855 Rosebank Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct. 29, 2019 L:\Planning\01-MapFiles\LD\2019