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HomeMy WebLinkAboutInformation Report 04-22Information Report to Planning & Development Committee Report Number: 04-22 Date: February 7, 2022 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application A 01/22 City Initiated Lots 1 to 205 and Blocks 206 to 244, Plan 40M-2710 (North and south of Alexander Knox Drive) 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for Zoning By-law Amendment, initiated by the City, proposing technical housekeeping amendments to site specific Zoning By-law 7652/18, as amended. This report contains background information on the proposed amendment. This report is intended to assist members of the public and other interested stakeholders to understand the proposed amendment. Planning & Development Committee will hear public delegations on the application, ask questions of clarification, and identify any planning issues. This report is for information and no decision on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon review of the comments received and revisions to the amendment if necessary. 2. Property Location and Description The subject lands are located north and south of Alexander Knox Drive (formerly Whitevale Road), west of Mulberry Lane within the Wilson Meadows Neighbourhood, forming part of the Seaton Community (see Location Map, Attachment #1). The lands are approximately 55 hectares in size, covered by the approved Registered Plan 40M-2710 (file number SP-2009-11 (R)), and approved for 387 dwelling units, consisting of detached dwellings and townhouse units. 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 within the Seaton Neighbourhood that are subject to other draft plans of subdivisions. 3. Background Information The original Plan of Subdivision, file number SP-2009-11, submitted by Mattamy (Seaton) Limited, was draft approved by the Ontario Municipal Board (OMB) in December 2013. The related zoning that implemented the subdivision, being the Seaton Zoning By-law 7364/14, was approved by the OMB on December 17, 2013 and January 24, 2014. The decisions of the OMB were confirmed, by the Province, through an Order in Council on March 2014. Information Report 04-22 Page 2 In 2018, Mattamy (Seaton) Limited, submitted applications for a Zoning By-law Amendment (file number A 04/18) and a request for red-line revision to Draft Approved Plan of Subdivision SP-2009-11 (R), addressing design modifications, and to add a remnant parcel into the approved subdivision plan. The majority of the subdivision remained unchanged. On September 17, 2018, Council endorsed the revised Draft Plan of Subdivision and proposed amendments to the conditions of draft plan of subdivision approval; and passed site specific Zoning By-law 7652/18 (see Zoning By-law 7652/18, Attachment #2). The Local Planning Appeal Tribunal (formerly the Ontario Municipal Board) granted approval of the red-line revision to the draft plan of subdivision on March 12, 2019 and further revised their approval on July 23, 2021. On December 2, 2021, final approval of the revised Draft Plan of Subdivision was granted by the Director, City Development & CBO, and subsequently the plan was registered on December 3, 2021, and assigned Plan 40M-2710. 4. Proposal In December 2021, Mattamy (Seaton) Limited submitted building permits applications for the subject lands. In the review of the applications, it was discovered that there were discrepancies between select properties under building permit review, and the applicable zoning category boundaries as shown on Schedule I of Zoning by-law 7652/18. As illustrated on Attachment #3, Required Changes to Zone Boundaries, the map displays the zone boundary lines that require deletion or modification, and the corrected zone boundary lines. Staff have categorized three types of technical housekeeping amendments to Schedule I of Zoning By-law 7652/18. The changes are described below, and illustrated on Attachment #4, Lots and Blocks Affected by Zone Category Changes. A) Match zone category with lot lines Blocks 220 and 228, and Lots 21, 63, 98-100 and 117, include two zone categories. These properties were only intended for one zone category. The affected lots and blocks are illustrated in purple on Attachment #4, Lots and Blocks Affected by Zone Category Changes. It is recommended that the zone category boundary lines be adjusted to match with the lot lines to appropriately illustrate the intended zone boundary. These changes do not impact the Building Department from issuing building permits given that the Building Department has interpreted the blocks to have the appropriate/intended zone category. However, to improve readability of the by-law schedule, staff recommend the following: • the zone line that bisects Block 220 be removed, and the block be zoned as LD1-T only; • the zone line that bisects Block 228 be removed, and the block be zoned as LD2-M only; • the zone line that bisects Lots 21, 63, 98 and 99 be removed, and the lots be zoned as LD1 only; • the zone line that bisects Lot 100 be removed, and the lot be zoned LD2 only; and • the zone line that bisects Lot 117 be removed, and the lot be zoned MD-DS only. Information Report 04-22 Page 3 B) Remove unnecessary zone category boundary lines Unnecessary zone boundary lines are located on Lots 76, 77, 79, 80-82, 84-88, 101-112, 115-121. The lots are illustrated in green on Attachment #4, Lots and Blocks Affected by Zone Category Changes. The zone boundary lines are unnecessary, and it is recommended that removing the zone boundary lines allows for better readability of the Schedule. These changes do not impact the Building Department from issuing of building permits. C) Add a zone category The zone category for Blocks 212, 213, 214 and 221 was not illustrated on Schedule I of Zoning by-law 7652/18. The lots are illustrated in orange on Attachment #4, Lots and Blocks Affected by Zone Category Changes. The lands were intended to be zoned MD-M, but mistakenly not included on the schedule. Consequently, the omission of the zone category on the schedule to the by-law results in the Building Department not being able to issue building permits for these blocks. However, once the zoning by-law is passed, but still in its appeal period, the CBO can issue a conditional building permit for the lots within these blocks. This will minimize the delay in issuing permits. Therefore, staff recommend that: • the zone line that bisects Blocks 212, 213, 214 and 221 be removed; and • a zone category of MD-M be added to the subject blocks. The above-noted recommended changes are illustrated on Attachment #5, Correct Zone Category Boundaries. Staff will incorporate the changes into an implementing zoning by-law amendment for Councils consideration. 5. Public Notice In addition to the standard departments and agencies, written notice of the Electronic Statutory Public Meeting was provided to landowners within 500 metres of the subject lands. The notice was also posted on the City’s website. 6. Comments Received 6.1 Public Comments As of writing this report, no comments have been received from the public. 6.2 Agency Comments As of writing this report, no comments have been received from external agencies. 6.3 City Department Comments As of writing this report, no comments have been received from internal departments. Information Report 04-22 Page 4 7. Planning & Design Section Comments 7.1 The proposed technical housekeeping revisions do not affect the purpose of Zoning By-law 7652/18, and are in keeping with Council’s intentions when initially passed on September 17, 2018. The proposed revisions are all consistent with the approved red-line revision to the draft plan of subdivision, SP- 2009-11 (R), and the recently approved Plan 40M-2710. Furthermore, the proposed revisions do not affect the purpose of Zoning By-law 7652/18, and are in keeping with Council’s intent when recommending approval of Zoning By-law Amendment Application A 04/18, and enacting the original by-law. Staff will finalize and forward an implementing Zoning By-law to Council for enactment on February 28, 2022. 8. Information Received • None required. 9. Procedural Information 9.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Electronic Statutory Public Meeting; • all comments received will be noted and used as input to a Recommendation Report prepared by the City 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; and • 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 Clerk. 10. Owner/Applicant Information The City is the applicant. Attachments: 1. Location Map 2. Zoning By-law 7652/18 3. Required Changes to Zone Boundaries 4. Lots and Blocks Affected by Zone Category Changes 5. Correct Zone Category Boundaries Information Report 04-22 Page 5 Prepared By: Original Signed By Cristina Celebre, MCIP, RPP Principal Planner, Strategic Initiatives Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner CC:ld Date of Report: January 24, 2022 Attachment #1 to Information Report 04-22 Alexander Knox Drive S i d e l i n e 2 0 Mu l b e r r y L a n e City DevelopmentDepartment Location MapFile:Applicant:A 01/22 Date: Jan. 21, 2022 City of Pickering SubjectLands L:\PLANNING\01-MapFiles\A\2022\A 01-22 - City Initiated, Mattamy 40M-2710\A01_22_LocationMap.mxd 1:4,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Property Description: North and South of Alexander Knox Drive (Plan 40M-2710) Attachment #2 to Information Report 04-22 The Corporation of the City of Pickering By-law No. 7652/18 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) Wher.eas 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 approved plan of subdivision; And whereas an an,endment 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 & 23 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. 7652/18 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 17 th day of September, 2018. Debbie Shields, City Clerk \ \ I I \ \ ------------------------ (J) 0 0 ~ SWM I I-----~~)---______..,.._!"'B__"lll"'"""""II___... __....,-,_____....,....,_____._,.._____________________________________ WHITEVALE ROAD LD1 i i ________J l________ 1' . SCHEDULE I TOBY-LAW 7652/18 PASSED THIS __1_7t_h ___ DAY OF__S_e~p_te_m_b_e_r_ MAYOR Attachment #3 to Information Report 04-22 Alexander Knox Drive S i d e l i n e 2 0 SWM LD1 LD1 LD2 MD - D S LD1 LD2 LD 2 OSOS LD2-M LD1 SWM MC C LD 1 - T MD-DS MD-M 1:3,500 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment THIS IS NOT A PLAN OF SURVEY. Date: Jan. 21, 2022 Required Changes to Zone Boundaries File:Applicant:City of Pickering This zoning map is a graphical representation of the zoning schedules and is not a plan of survey. The zoning schedules in Zoning By-Law 7364/14, as amended, are the official schedules. In any situation where the zoning schedules are found to differ from this map, the text of thesigned By-Law, as amended, will take precedence in the interpretation of zoning. MD - D S A 01/22 OS Legend Zone BoundaryLines requiringdeletion ormodification Corrected ZoneBoundary Lines Property Description: North and South of Alexander Knox Drive (Plan 40M-2710) Attachment #4 to Information Report 04-22 Alexander Knox Drive S i d e l i n e 2 0 SWM LD1 LD1 LD2 MD - D S LD1 LD2 LD 2 OSOS LD2-M LD1 SWM MC C LD 1 - T MD-DS MD-M 1:3,500 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment THIS IS NOT A PLAN OF SURVEY. Date: Jan. 21, 2022 MD - D S Lots and Blocks Affected by Zone Category ChangesFile:Applicant:City of Pickering The zoning schedules in Zoning By-Law 7364/14, as amended, are the official schedules. In any situation where the zoning information found on thismap differs from the official schedules, the text of the signed By-Law, as amended, will take precedence in the interpretation of zoning. A 01/22 Add a Zone Category Affected Lots and Blocks Match Zone Category with Lot Lines Remove Unnecessary Zone Category Boundaries Add a Zone Category No Change (Blocks 220 and 228 and Lots 21, 63,98-100 and 117) (Lots 76, 77, 79, 80-82, 84-88, 101-112, 115-121) (Blocks 212, 213, 214 and 221) OS Property Description: North and South of Alexander Knox Drive (Plan 40M-2710) Attachment #5 to Information Report 04-22 Alexander Knox Drive S i d e l i n e 2 0 LD1 LD2-M LD1 MC C MD-M SWM MD-DS LD2 OS SWM LD 1 - T LD 2 LD1 1:3,500 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment THIS IS NOT A PLAN OF SURVEY. Date: Jan. 21, 2022 MD - D S Correct Zone Category BoundariesFile:Applicant:City of Pickering This zoning map is a graphical representation of the zoning schedules and is not a plan of survey. The zoning schedules in Zoning By-Law 7364/14, as amended, are the official schedules. In any situation where the zoning schedules are found to differ from this map, the text of thesigned By-Law, as amended, will take precedence in the interpretation of zoning. Property Description: A 01/22 North and South of Alexander Knox Drive (Plan 40M-2710)