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Home My WebLink AboutPD 16-03 Ciú/ o~ REPORT TO PLANNING COMMITTEE Report Number: PD 16-03 . Date: March 27, 2003 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 22/02 Taiga Urban Developments Inc. 1647 Finch Avenue Southwest corner of Royal Road and Finch Avenue Part of Lots 20 and 21, Plan 316 City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 22/03, be APPROVED subject to conditions outlined in Appendix I to Report No. PO 16-03, to permit the development of six detached dwellings on the subject lands being Part of Lots 20 and 21, Plan 316, City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 22/03, as set out in draft in Appendix II to Report Number PD 16-03, be forwarded to City Council for enactment. 3. That the request made by Taiga Urban Developments Inc., to permit the division of the subject lands, 1647 Finch Avenue, being Part of Lot 20 and 21, Plan 316, City of Pickering to create a total of six residential building lots through land severance, rather than by draft plan of subdivision, be APPROVED. Executive Summary: The applicant requests a change to the zoning by-law to permit the property to be redeveloped for six detached dwellings. The applicant proposes to divide the lands by applications to the Land Division Committee. The application is recommended for approval as it is considered compatible with surrounding land uses and conforms to the Official Plan (see Location Map, Applicant's Submitted Plan, Attachments #1 & #2). The applicant's request to divide the land by means of applications to the Land Division Committee is also considered appropriate and recommended for approval. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Report PO 16-03 March 27, 2003 Subject: Taiga Urban Developments Inc. (A 22/02) Page 2 Background: 1.0 Comments Received 1.1 January 16, 2003 Information Meeting At the Information Meeting three (3) residents spoke to the application. One resident spoke in opposition and two were expressing some concern while seeking additional information on the application (see text of Information Report and Meeting Minutes, Attachments #3 and #4). 1.2 Residents Concerns - building height and related shadow impacts - tree preservation - sidewalks - servicing - flood control 1.3 Agencies Durham Planning Department (Attachment #5) - complies with Regional Plan policies - Regional requirements for the provision of municipal services will be satisfied through the land division applications - a noise report will be a requirement of the land division application Toronto and Region Conservation - no objection subject to satisfying certain Authority (Attachment #6) requirements such as a obtaining a TRCA permit and flood proofing 1.4 City Departments Development Control (Attachment #7) - a development agreement is required to secure all City requirements, financial and otherwise - certain technical requirements will need to be satisfied, such as geotechnical report, noise attenuation, road widening, grading and garage width Report PD 16-03 March 27, 2003 Subject: Taiga Urban Developments Inc. (A 22/02) Page 3 2.2 2.3 2.0 2.1 Discussion Proposed Development is Compatible with Surrounding land Uses The subject property is located at the southwest corner of Finch Avenue and Royal Road. Lands to the north are open space associated with West Duffins Creek and are not intended for development. Lands to the east have been developed for townhouses. Lands to the south and west currently support detached dwellings. lands to the west and south are designated as Urban Residential Area - Medium Density Area in the City's Official Plan, and have the potential to redevelop in accordance with the Urban Residential Area - Medium Density Area designation. Development proposed by the subject application will provide an appropriate land use between the townhouse development to the east and the large lot detached dwellings to the south and west. Special Front Yard Depth (lot 6), Maximum Building Height and Minimum Rear Yard Depth Required In order to ensure that the proposed dwellings appropriately fit in with the abutting properties the siting of the proposed dwellings must have regard for the proximity of the existing dwelling units. The front yard depth to the dwelling on proposed Lot 6 should recognize that the dwelling to the south has an existing front yard depth of 9 metres and therefore should not be allowed a 6 metre front yard depth but rather it should be 7.5 metres to act as a transition. This special front yard depth requirement for Lot 6 will be a condition of approval that will be addressed in the required Architectural Design Statement. Maintenance of an appropriate rear yard depth of 7.5 metres for all lots, is required. The maximum building height should be restricted to 9.0 metres to ensure a minimal impact on the abutting properties. A Draft By-law, attached as Appendix II to this report, has been prepared which recommends the subject property be rezoned from "R-3" (Detached Dwelling) zone to a "S4-8" (Detached Dwellings) zone. The above-noted measures will serve to address various resident concerns. Complies with the Regional and City Official Plans The subject application is consistent with and in general conformity to the Durham Regional Official Plan and the City of Pickering Official Plan. The proposed net density of the subject site is 34 units per hectare which is at the lower limit of the density range for the Urban Residential Area - Medium Density Area designation (30 units per hectare to 80 units per hectare). Given that there is a mix of residential uses in the immediate neighbourhood, the proposed density is considered compatible and appropriate for the area. The proposed use of six detached dwellings is considered to be more compatible with the Official Plan designation than the existing detached dwelling use. Report PO 16-03 March 27, 2003 Subject: Taiga Urban Developments Inc. (A 22/02) Page 4 2.4 Technical Matters Fencing Required Adjacent to Existing Westerly Property This development is an infill situation where new residential development is being introduced into an older established neighbourhood. The design of the plan is such that it introduces several rear yard conditions onto an existing residential lot. A concern for privacy for the existing lot was raised at the statutory public meeting for this application. In order to lessen the impact of new residential development on existing residents, it is recommended that the developer be required to install a 1.8 metre high wood privacy fencing along the rear lot line of Lots 1 to 6, being the easterly boundary of the adjacent lot. The design/materials for this fencing may be influenced by the noise study required as a condition of development. A noise attenuation fence in the flanking side yard of Lot 1 will also be required. This requirement will be addressed through the land division applications. Tree Preservation will be Limited The applicant will be required to provide a tree preservation plan to examine opportunities to preserve the existing vegetation where possible. A number of individual specimen trees exist on the subject property, however with required grading, and ground disturbance within the building envelope, any significant tree preservation will be difficult. Approval of a tree preservation plan will be required as a condition of approval of the land division. Development Agreement Required A development agreement between the City and the owner of the lands will be required to ensure that all matters of interest to the City are protected. This required agreement, and other development implementation matters, will be addressed through the land division applications. Sidewalks along Finch Avenue A sidewalk currently exists along the east side of Royal Road. Sidewalks do not exist along the west side of Royal Road and are not proposed to be intended through this application A sidewalk currently exists on the south side of Finch Avenue from Brock Road west to Royal Road. The placement of sidewalks along the south side of Finch Avenue is anticipated as redevelopment of properties abutting Finch Avenue occurs. A sidewalk abutting the subject property will be required. Provision for this section of sidewalk is contained within the Development Charge By-law. Report PD 16-03 March 27, 2003 Subject: Taiga Urban Developments Inc. (A 22/02) Page 5 Architectural Design Statement Required The proposed lots are of a size that will require dwelling designs that are compatible with the existing surrounding neighbourhood. The applicant has provided a conceptual building envelope for the proposed lots, fronting onto Royal Road, confirming that appropriate dwelling space can be achieved while providing an appropriate amenity area for the homeowners. It is recommended that prior to the issuance of any permits, the applicant prepare a report to the satisfaction of the Director, Planning & Development, outlining siting and architectural design objectives for the proposed development that includes streetscape/architectural guidelines. These guidelines will include the special front yard depth requirement for proposed Lot 6, restriction of garage projections, and flanking lot elevation treatments. 2.5 lot Creation to Proceed by land Severance Six lots are proposed to be created from the subject lands, through the land severance process. Section 15.26(b) of the Pickering Official Plan states that City Council shall limit the creation of lots for residential purposes by land severance to a maximum of three, and require that an ownership of land capable of being divided into more than three additional lots 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 lands are capable of being divided into more than three additional lots, and therefore permission is required from Council to allow development of these lands to proceed through the land severance process. The applicant's proposal is for six lots fronting an existing street which does not warrant the requirement for development by plan of subdivision. The City's interests can be appropriately addressed and protected through the subject rezoning application and conditions of land severance approval. The Planning & Development Department recommends that Council permit the exemption request by Taiga Urban Developments Inc. to proceed by land severance as opposed to plan of subdivision, as required servicing is available on the street and the proposed lotting pattern represents, appropriate development. 3.0 Applicant's Comments The applicant is aware of the recommendations of the report. Report PD 16-03 March 27, 2003 Subject: Taiga Urban Developments Inc. (A 22/02) Page 6 Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Minutes from Public Information Meeting 5. Region of Durham Planning Department 6. Toronto and Region Conservation Authority 7. City of Pickering - Development Control Prepared By: Approved I Endorsed By: ~ c~/~. Lynda D. Tayor, GIP, RPP Manager, Development Review RP:jj Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Coun "I . " , APPENDIX I TO REPORT NUMBER PD 16-03 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 22/02 1. That the subject lands be rezoned from a "R-3" zone in Zoning By-law 3036, as amended, to a "84-8" zone, to permit development of detached dwellings on lots with minimum frontage of 1 0 metres. 2. That the following conditions be included in comments to the Land Division Committee regarding applications LD 052/03 to LD 056/03. a) That the owner enter into an appropriate agreement with and to the satisfaction of the City of Pickering, prior to the City's release of any clearance of land division conditions, that will address, amongst other matters; noise attenuation, servicing, construction management plan, fencing, road widening, easements, road restoration, road cleaning, grading and drainage, boulevard tree pianting, driveway location and paving, stormwater management, parkland contribution, required securities to safeguard the City and satisfying the City financially, including the payments required to satisfy the Development Charges Act. b) That the owner submit to the City of Pickering an appropriate siting and architectural design statement and that the owner agrees to implement the recommendations of the siting and architectural design statement in the required development agreement. The architectural design statement shall include, amongst others things, the requirement for the dwelling proposed on Lot 6 to be setback a minimum of 7.5 metres from the front lot line. c) That the owner satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features satisfactory to the Region of Durham and the City of Pickering. d) That prior to any site grading the owner submit, to the City's satisfaction, a tree preservation plan that identifies trees to be preserved, the method of preservation and identifies trees to be removed. APPENDIX II TO REPORT NUMBER PD 16-03 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 22/02 ., CORPORATION OF THE CITY OF PICKERING BY-lAW NO. eRAf T 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 in Part of lots 20 and 21, Plan 316, in the City of Pickering. (A 22/02) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of detached residential dwellings; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; 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 is 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 lots 20 and 21, Plan 316, designated "S4-8" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, 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. DEFINITIONS In this By-law, (1 ) (a) "Dwellinq" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwellinq Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwellinq, Sinqle or Sinqle Dwellinq" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwellinq, Detached or Detached Dwellinq" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; . (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; 2 DRAFT (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (3) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontaqe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (4) "Private Garaqe"shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankaqe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankaqe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; m "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. 3 PROVISIONS (1 ) . (a) Uses Permitted ("S4-8" Zone) No person shall within the lands designated "S4-8" on Schedule I .attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling residential use; (b) Zone Requirements ("84-8" Zone) No person shall within the lands designated "S4-8" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) (ii) LOT AREA (minimum): 250 square metres; LOT FRONTAGE (minimum): 10.0 metres; (iii) FRONT YARD DEPTH (minimum): (iv) SIDE YARD WIDTH (minimum): 4.5 metres; 1.2 metres one side and 0.6 metres on the other side; (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres; (vi) REAR YARD DEPTH (minimum): (vii) LOT COVERAGE (maximum): 7.5 metres; 48 percent; (viii) BUILDING HEIGHT (maximum): 9.0 metres; (ix) GROSS FLOOR AREA (minimum): 100 square metres; (x) PARKING REQUIREMENTS: A minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 6 metres from the front lot line, and not less than 6 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; B no part of any attached private garage shall extend more than 2.5 metres beyond the wall containing the main entrance to the dwelling unit, except I where a covered and unenclosed porch or verandah extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit; or f)RAFT 4 II where a covered and unenclosed porch or verandah extends a minimum of 2.0 metres from the wall containing the main entrance to the dwelling unit and where second storey habitable floor space located above the garage is set back no more than 2.5 metres beyond the vehicular entrance of an attached private garage, no part of any attached private garage shall extend more than 6.0 metres beyond the wall containing the main entrance to the dwelling unit; (xi) SPECIAL REGULATIONS: A despite section 5.7 of By-law 3036, uncovered steps and platforms not exceeding 2.0 metres in height shall be permitted to project a maximum of 1.5 metres into a required rear yard; and 6. BY-LAW 3036 By-law 3036, as amended, 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 attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW rea9(a first, ~2M3. ,ø. ~> {'Y'~ > . '>, second, and third time and finally passed this _day of Wayne Arthurs, May~ ~'t~ () Bruce Taylor, Clerk ~\\ù( ~\j 'V \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ .--- ~--- --- .--- ~ \ \ \ '?} '3 PLAN 316 LOT 22 íJ q r- íJ 0 d --- --- --- --- --- --- --- .--- --- --- .--- --- --- \..-- PLAN 316 LOT 19 l' N SCHEDULE I TO BY-LAW PASSED THIS -¡:; DAY OF ~.~ ; <:) MAYOR ~ ~ Q~ CLERK tT1J!.~H~Œrn H I TO [.>J¡n f; PO /1:<-03.__.-,"." . I . I 0 ð II: . Zl 0 w ~ ~ Q) >- :.: u 0 II: Q) I . I . I FINCH a:: 0 0 a:: a:: 0 0 0 ð II: 0 -' 5 C) ~ u 0 II: Q) City of Pickering PROPERTY DESCRIPTION Planning & Development Department PART LOT 20 & 21, PLAN 316 OWNER KHAN DATE DEC. 10,2002 SCALE 1 :7500 DRAWN BY JB CHECKED BY RP l' FILE No. A 022/02 FOR DEPARTMENT USE ONLY PN-9 PA. ,- INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN TAIGA URBAN DEVELOPMENTS. A 022/02 FINCH AVENUE N 71.14' 50" E 10.16m 28.164m 18m 'T;"""""""I:"J " " " \,'¡ '-'~::2f':3 - ".. ..", "..' ......> I I I I I I r--ì 3 1 ---l ~ I 3 -, ¡ \~ r.D .J 3 --------- í 23 I 2 I --.L- II I ~ 0 3 ::::0 0 -< » I ::::0 0 » 0 ()1 .¡:,: (j) 0 0 ::3 ::;E --- 3 ~ 0 3 --------- (j) [[] ~ 0 Y13 3 ..þ. (j) N ~ ---- ---- ~ 0 5 3 3 --------- ~ 0 3 [I] ~ 0 3 _L___- N 74.14'00" E 28.133m I I I I I ; I l - -, - ---1 ----- -.--- . --.-.----,..--- l' IV THIS U4P WAS PRODUCED BY THE CITY OF PICKERING PlANNING &- DEVELOPMENT DEPARTMENT; INFORMATION &- SUPPORT SERVICEs, DECEMBER 10, 2002. 3 ' , '..-", oJ /:Æ,,::J¿3_- , ,-,- INFORMATION REPORT NO. 01-03 FOR PUBLIC INFORMATION MEETING OF January 16, 2003 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 22/02 Taiga Urban Developments Inc. 1647 Finch Avenue South-west corner of Royal Road and Finch Avenue Part of Lots 20 and 21, Plan 316 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are located on the west side of Royal Road, south of Finch Avenue; - a property location map is provided for reference (see Attachment #1); - the subject lands are currently occupied with one detached dwelling and accessory garage; - the property currently has access from Finch Avenue; - the property is currently fenced into two portions, the northern portion containing the dwelling unit and the southern portion vacant; - surrounding land uses are; north on the opposite side of Finch Avenue, the Brock Ridge Community Park; existing detached dwelling; on the opposite side of Royal Road, a townhouse condominium complex; existing detached dwelling. south - east west 2.0 APPLICANT'S PROPOSAL - the application is to amend the zoning by-law to permit the redevelopment of the subject property for six (6) lots for detached dwellings; - the applicant's submitted plan is provided for reference (see Attachment #2); Information Report No. 01-03 ;3 /ft;. 0.3 Page 2 all of the dwellings are proposed to have driveway access off of Royal Road; - the applicant has requested that City Council permit the creation of the proposed lots by land severance instead of by plan of subdivision; 2.1 Development Detail The following is proposed development detail for this application: Durham Region Official Plan designation City of Pickering Official Plan designation Zoning: Existing Proposed Existing Proposed Total Site area Frontage on Royal Road Frontage on Finch Avenue Building coverage per lot Total number of units Gross density Proposed lot frontage per lot Typical lot area Uses: 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reaional Official Plan - Living Area - Urban Residential Area - Medium Density Area - R3 (One-Family Detached Dwelling, Third Density Zone) - appropriate to permit proposed' development - one (1) detached dwelling - six (6) detached dwellings - 1753m2 - 66.9 m - 28.1 m - 43% - 6 - 34.2 units/ha -10m - 281 m2 - the Durham Regional Official Plan designates the subject lands as within a Living Area; - the Durham Regional Official Plan states that Living Areas are intended to be predominantly used for housing purposes; Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads; Finch Avenue is designated as a Type B Arterial Road in the Durham Regional Official Plan; - the application appears to conform to this designation; 3.2 PickerinQ Official Plan - the Pickering Official Plan designates the subject lands as Urban Residential Area -Medium Density Area; Information Report No. 01-03 l~~I"""PI'" be -2, T" " '.. "",_"..2._- ,.. i ,p; I t',Ç3 Page 3 permissible uses within this designation include, amongst others, a variety of residential uses including detached dwelling; - the Pickering Official Plan establishes a density range of over 30 and up to and including 80 dwelling units per hectare for development within an Urban Residential Area -Medium Density Area; - the proposed development would provide a net density of 34 units per hectare; - the subject property is within the Village East Neighbourhood of the Official Plan; no development guidelines have been prepared for this neighbourhood; Schedule /I of the Pickering Official Plan - Transportation Systems, designates Finch Avenue, where it abuts the subject lands, as a Type B Arterial Road; Type B Arterial Roads are designed to carry moderate volumes of traffic at moderate speeds, have some access restrictions and generally have a right-of-way width ranging from 30 to 36 metres; Royal Road is designated as a Local Road which generally provide access to individual properties and carries local traffic; Schedule III of the Pickering Official Plan - Resource Management designates the subject lands as Shorelines And Stream Corridors and within Flood Plain Special Policy Areas; Shorelines and Stream Corridors identify lands that may be prone to water impacts, such as flooding, erosion and slope instability, and requires an environmental report to be submitted that appropriately addresses any environmental constraints on the subject property; Flood Plain Special Policy Areas identify lands where communities have developed on lands susceptible to flooding, and recognizes the continued viability of those areas by permitting some new development, subject to appropriate flood protection measures as set out in the Official Plan; - the Official Plan identifies that the City and Conservation Authority may require the submission of engineering and stormwater management studies when considering applications on lands designated Flood Plain Special Policy Area; - the subject application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; 3.3 ZoninQ Bv-Iaw 3036. as amended - the subject lands are currently zoned "R-3" (One-Family Detached Dwelling, Third Density Zone )by Zoning By-law 3036; - the existing zoning permits one detached dwelling per lot on a lot having a minimum lot area of 550 square metres and a lot frontage of 18 metres; an amendment to the zoning by-law is required to implement the applicant's proposal for six detached dwelling lots; - the applicant has requested an appropriate zone that would permit the proposed development. 4.0 4.2 4.3 5.0 Information Report No. 01-03 I'", i ," """n II ~ TO : ',"f\ -¡t" pj Page 4 3.4 Lot Creation six lots are proposed to be created from the subject lands, through the land severance process; Section 15.26(b) of the Pickering Official Plan states that City Council shall limit the creation of lots for residential purposes by land severance to a maximum of three, and require that an ownership of land capable of being divided into more than three additional lots 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 lands are capable of being divided into more than three additional lots, and therefore permission is required from Council to allow development of these lands to proceed through the land severance process; - the request for exemption of the subdivision process will be considered during the process of the rezoning application. RESULTS OF CIRCULATION no resident comments have been received to-date on the application; AQencv Comments no comments from any of the circulated agencies have been received to-date on the application; Staff Comments in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: . ensuring that the proposed development is compatible with, and sensitive to, surrounding lands; . the impact the proposed use / site changes may have on the character of the neighbourhood; . impact on the streetscape of Royal Road and Finch Avenue; . stormwater management and flood control requirements; - this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; Information Report No. 01-03 / -'1Ir:l!"~ni 9_.3- Tn . ,'C-: j/.{)-' , æ;2, ,-,.> .. Page 5 - oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; if you wish to be notified of Council's decision regarding the zoning by-law amendment application, you must request such in writing to the City Clerk; if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. 6.0 OTHER INFORMATION 6.1 Information Received copies of the Applicant's submitted plans are available for viewing at the offices of the City of Pickering Planning & Development Department; - the City of Pickering has received the following technical information / reports on the proposed application; . Detailed Noise Control Study, prepared by SS Wilson Associates; . Phase I Environmental Site Assessment, prepared by Geo-Canada Ltd. 6.2 Company Principal - the Zoning By-law Amendment application has been submitted by Taiga Urban Developments Inc on behalf of Henry and Gayle Kahn who have entered into an agreement of purchase with Taiga Urban Developments Inc; the principle of Taiga Urban Developments Inc is Amit Gupta. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ross Pym, MCIP, RPP Principal Planner - Development Review Lynda Taylor, MCIP, RPP Manager, Development Review RP:jf Attachments Copy: Director, Planning & Development 4. 6. Excerpts from Statutory Public Information Meeting Tl'f' Iwr' /.t. Thursday, January 16, 2003 {. "."J~.".....l #_-;-~TO 7'00 P M r;~ -'í'l Íi Pü--L~ .. t' 3. " , The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at (II) ZONING BY-LAW AMENDMENT APPLICATION A 22/02 TAIGA URBAN DEVELOPMENTS INC, 1647 FINCH AVENUE SOUTH-WEST CORNER OF ROYAL ROAD AND FINCH AVENUE PART OF LOTS 20 AND 21, PLAN 316 1. Ross Pym, Principal Planner, Development Review, provided an explanation of the application, as outlined in Information Report #01-03. 2. Amit Gupta, representing applicant, advised that he was present to answer any questions. 3. Richard Ward, 3709 Regional Road, Orono, advised of his opposition to this application and stated his concern with respect to flooding. He further advised that he will be taking this matter to the Ontario Municipal Board. James Morrow, 1639 Finch Avenue, questioned the height of the proposed homes, how close these homes will be to the lot line and would they be blocking the sun from his property, what will happen to the mature trees and will sidewalks be built along Finch Avenue. 5. John Van Staveren, 1635 Finch Avenue, advised that when building his home on a quarter acre property he was advised by the Health Department that a four bedroom home would not be allowed for health reasons. He questioned what size of homes these will be and stated his concern with respect to flooding. Amit Gupta, representing applicant, advised that the homes would be two storey, a tree conservation plan is being done and every attempt will be made to save older trees, and flood plain issues are being addressed. He further stated his willingness to meet with Mr. Morrow to address his cohcerns. The ,Reg iotial Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4TH FLOOR, LANG TOWER WEST BUILDING P.O. BOX 623 WHITBY, ON L1N 6A3 0(\05) 728-7731 AX: (905)436-6612 www.region.dUrham.on.ca. t~1¡':ò':'.un ¡ , Pü January 20,2003 Ross Pym, Principal Planner' Planning & Development Department One the Esplanade . Pickering, Ontario L 1V 6K7 Dear Mr. Pym: Re: Zoning Amendment Application A22102 Applicant: Taiga Urban Development Inc; . Location: Part of Lots 20,21, Plan 316 1647 Finch Avenue. Municipality: City of Pickering We have reviewed this application and the following comments a,re offered with respectto compliance with the Durham Regional Official Plan, the proposed method of servicing and delegated provincial plan review responsibilities. A.L. Ge.orgieff, MCIP, RPP , ',', . Commissioner of Planning The purpose of the application is to rezone the prope.rty to permit the, development of six detached dwellings. "SERVICE EXCELLENCE for our COMMUNITY" . . The subject property is designated "Living Area" in the Durham Regional Official Plan. Lands within this designation are to be used predominantly for housing purposes and are to incorporate the widest possible'variety of housing types, sizes and tenure to provide living accommodations that address various socio- economic factors. The proposed amendment appears to be in conformity with the Durham Regional Official Plan. ' All Regional requirements for the provision of municipal seNices will be satisfied through a,ppropriate conditions related to future larid division applications. This application has been screened in accordance with the terms of the provincial plan reviewrespónsibilities. The subject property abuts Finch Avenue, which is designated a Type-B arterial road in the Durham Regional Official Plan. A Noise Analysis should be competed for the lands as part of any future land division applications. No further provincial interests appear to be affected. If you have any questions or require additional information, please call me. Yours truly, /7 ...---. /. (, \ /<~.U ' /~, '," '.~~Á. ,:/ Ray Davies, Planner Current Operations Branch cc. Pete Castelan, Durham Region Works Department R:\lraining\rd\zoninglpickering a22-02,doc œ 100% Post Consumer Re: oñs êrRŸåNiío n for The Living City ,¿; . , 16 ..l~3.. ~~~N~~~O~ \CKER\NG c\"trc8~':G. Ot\l"AfUO January 15, 2003. CFN BY FAX AND MAIL Mr. Ross Pym Planning and Development Department City of Pickering Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Dear Mr. Pym: Zoning By-law Amendment A22jO2 1647 Finch Avenue Finch Avenue and Royal Road City of Pickering, Durham Region (Henry and Gayle Kahn) This letter follows receipt of the above noted zoning amendment on December 16, 2002. Staff at the Toronto and Region Conservation Authority (TRCA) have had an opportunity to review the submitted application and offer the following comments: The subject property is located at 1647 Finch Avenue, being Part of Lots 20 and 21, Plan 316, on the southwest corner of the intersection of Finch Avenue and Royal Road in the City of Pickering, Durham Region. The subject property is currently designated as 'Urban Residential Area - Medium Density Area' in the City of Pickering's Official Plan and currently zoned as 'R3 - One Family Detached Dwelling Third Density Zone.' The above zoning amendment would change zoning on the property to permit the construction of 6 detached dwellings. The subject property is located within the Authority's Fill Regulated Area and within the Regional Storm Floodplain. In accordance with Ontario Regulation 158, a permit is required from the TRCA prior to any of the following works taking place: A) B) C) construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp or in any area susceptible to flooding during a Regional Storm; place or dump fill or permit fill to be placed or dumped in the areas described in the schedules whether such fill is already located in or upon such area, or brought to or on such area from some other place or places; straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse. While the subject property is located within the Regional Storm Floodplain, this area has been recognized as a Special Policy Area (SPA). The SPA designation recognizes thatthis flodplain area is an area where there is surrounding existing development that forms an integral part of an F:\PRS\Kevin307\Public\ 1647 .Finch Avenue Comments.wpd. '. . . 5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca m' "(t1~ . ",~.' / :' " : ',;",. If '-, TO ,', . PL__.l/i...ß J...' Ross Pym - 2- January 15, 2003. existing community. TRGA policies allows for developmentto proceed within SPA floodplain areas subject to the technical criteria (flood proofing) and regulation of the TRGA. Prior to our approval of a site plan application and/or our clearance for building permit approval, a permit under Ontario Regulation 158 must be obtained from the TRGA for any new development on the subject property. Based on the above assessment, the Authority has no objections to the approval of the above zoning amendment. However, we reiterate our position that a permit under Ontario Regulation 158 will be required for any future development that takes place on the subject property. The Authority acknowledges receipt of a $150 preliminary analysis fee for the above zoning amendment. Please note that additional fees may be required as development proceeds. We trust these comments are of assistance. Should you have any questions, please do not hesitate to contact Kevin Huang at extension 5307 or the undersigned. Yours truly, ssel White Senior Planner Development Services Section Extension 5306 /KH c.c: Taiga Urban Development Inc. (Fax Only: 905-625-1985) Kevin Huang, TRGA F:\PRS\Kevin307\Public\1647 Finch Avenue Comments.wpd . 7 T' . //,:-0 '? CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT February 19, 2003 To: Ross Pym Principal Planner - Development Review From: Robert Starr Supervisor, Development Control Zoning By-law Amendment Application A22/02 Taiga Urban Development Inc. Part of Lots 20 and 21, Plan 316 Finch Ave.lRoyal Rd. City of Pickering Subject: We have reviewed the above-noted application and provide the following comments: 1) Development of this site should be controlled through a plan of subdivision or, as a minimum, through a development agreement with the City. 2) The agreement must address such items as securities, insurance, servicing, road restoration, storm water management, lot grading and drainage, driveways, boulevard trees, fencing, easements (min. 2.4m, not 1.8m as indicated), noise attenuation, utility requirements, construction management, etc. 3) A geotechnical report will be required for this site. 4) Lot 1 should be restricted to a single car garage width (garage could be in tandem) as there is minimum frontage for even a single lane driveway (minimum 4.0m) recognizing the proposed 1.2m side yard set back. 5) Utility installations, relocations and/or adjustments will be the applicant's responsibility. 6) A road widening along Finch Ave. adjacent to Lot 1 should be reviewed with the Region of Durham's requirements. 7) Noise AttenuatioA: 88 Wilson Report No. WA02-63 dated October 1,2002 The Report requires a fence/berm combination of 2.4 metres in height. A berm may be difficult to install without affecting adjacent property and/or road allowance. An alternative to the berm should be provided. 1 7 '. L6-:.t~3.. The Report may need to be revised should a Finch Ave. widening be required and Fig. 3 in the Report should ensure the fence is not contained within the proposed daylight triangle. If a gate is anticipated within the noise fence, details should be provided to ensure construction requirements. 8) Wells and/or septic systems on these lands must be removed and/or properly reconstructed. 9) Pregrading on the site should not be permitted without approvals as required by the City and/or other agencies. \ I. Robert starr RS:bg J'IADMIN\PARIBOBSTARR"""'~,"o"'I.T"', Uroan Zon;"" Am."'me"!.d"" Copy: Coordinator, Development Approvals 2