REPORT TO DEVELOPMENT SERVICES COMMITTEE

SUBJECT: RECOMMENDATION REPORT

1297482 Ontario Limited. Applications for Zoning By-law Amendment and Approval for Draft Plan of Subdivision (19TM-05001) to permit 17 single detached dwellings located on lands south of 14^th Avenue, east of Kennedy Road, at the west end of Chiavatti Drive

CONTACT/AUTHOR: Nilesh Surti, Planner, Ext. 4190

APPLICATION #: SU 05 008628 & ZA 05 008640

RECOMMENDATION:

That draft plan of subdivision 19TM-05001 (SU 05 008628) located on lands south of 14^th Avenue, east of Kennedy Road, at the west end of Chiavatti Drive, proposed by 1297482 Ontario Limited, be draft approved subject to the conditions outlined in Appendix ‘A’ and any additional conditions to be submitted by the Region of York;

That Zoning By-law Amendment application (ZA 05 008640) to amend By-law 193-81, as amended, submitted by 1297482 Ontario Limited, be approved and the implementing Zoning By-law attached as Appendix ‘B’ be finalized and enacted;

That servicing allocation for 16 units be granted to Draft Plan of Subdivision 1297482 Ontario Limited (19TM-05001) as per Council’s November 29, 2005, resolution;

That the Region of York be advised of the servicing allocation for this development;

That the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion;

That the Owner provide a 3-metre wide servicing easement to the Town along the north lot line of Lot 16;

That the applicant be required to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

And that the applicant provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357).

EXECUTIVE SUMMARY:

A draft plan of subdivision and implementing zoning by-law amendment applications have been submitted by 1297482 Ontario Limited to permit 17 lots for single-detached dwellings. The 2.14 ha (5.3 ac) site is located south of 14^th Avenue, east of Kennedy Road at the west end of Chiavatti Drive.

The proposed plan of subdivision consists of 16 vacant lots, intended for new single-detached dwellings, fronting onto the proposed new local road and one lot containing an existing dwelling presently fronting onto Lee Avenue. The proposed local street will loop and reconnect to where Chiavatti Drive presently terminates. Proposed lot areas range from 0.074 ha (0.18 ac) to 0.12 ha (0.3 ac). Proposed lot frontages range between 21.8 m (71.6 ft) and 31.2 m (102.4 ft). The proposed development has a gross residential density of approximately 7.4 units per hectare (3 units per acre). Also proposed is a 3-metre wide public walkway, located between Lot 16 and the Bell Canada property to the north and extending all the way to Kennedy Road, which links the proposed new street to Kennedy Road. In addition, a 3-metre wide servicing easement along the north property line of Lot 16, adjacent to the walkway, is to be provided to the Town. The walkway together with the 3 metre easement will satisfy a 6 metre requirement for servicing purposes.

There are existing hedgerows and tree clusters located on the property. Most of the existing vegetation within the interior of the property is to be removed to accommodate the proposed development while hedgerows and trees located along the periphery of the site will be preserved wherever feasible.

A public meeting has been held to obtain comments from residents in the surrounding area. The residents have raised a number of concerns involving the loss of trees, increased traffic and compatibility of the proposed lots with the existing lots in the neighbourhood. All of these concerns have been addressed to staff’s satisfaction.

The proposed lots are generally compatible with the existing low density residential development in the area and are in keeping with the character of the existing community. Staff is recommending that the draft plan of subdivision 19TM-05001 (SU 05 0058628) submitted by 1297482 Ontario Limited to permit 17 single-detached lots, be draft approved subject to the conditions outlined in Appendix ‘A’ and any additional conditions to be submitted by the Region of York. We are also recommending that the draft Zoning By-law Amendment (ZA 05 008640) attached as Appendix ‘B’ be finalized and enacted.

FINANCIAL HIGHLIGHTS:

No financial implications at this time.

Valerie Shuttleworth, M.C.I.P, R.P.P

Director, Planning & Urban Design

Jim Baird, M.C.I.P, R.P.P

Commissioner, Development Services

LINKS TO COMPREHENSIVE INFORMATION

Purpose
Background
Options/Discussion
Financial Template
Environmental Considerations
Accessibility Considerations
Engage 21^st Considerations
Business Units Consulted & Affected
Attachments:

PURPOSE:

Property and Area Context

The lands are located south of 14^th Avenue, east of Kennedy Road with frontages on Chiavatti Drive and Lee Avenue (See Figure 1). The subject lands consist of properties under four different ownerships and are approximately 2.14 hectares (5.3 acres) in area. For the most part, the lands are an empty field with hedgerows generally located along the rear lot lines of residential properties fronting on Lee Avenue and 14^th Avenue, as well as, along the easterly limits of the subject lands. Also, there are a few trees located along the rear lot line of the existing heritage house on the abutting property to the west. The site contains one, relatively new, single detached dwelling with direct frontage onto Lee Avenue.

Surrounding land uses include single-detached dwellings to the east and to the south. Immediately to the north are existing single detached dwellings fronting onto 14^th Avenue and the Hagerman Mennonite Church. Adjoining the subject lands to the west is the Bell Canada Switching Station and an existing heritage house with zoning permission to operate a commercial use (Bridal Salon and Flower Shop). Between the Bell Canada Switching Station and the existing heritage house are the balance of the applicant’s lands, which currently have applications for Official Plan and Zoning By-law Amendments as well as site plan approval to permit a 4-storey apartment building containing 16 units (See Figure 2 & 3).

Proposal is for 17 single-detached lots

The proposed plan of subdivision consists of 16 vacant lots intended for new single-detached dwellings and one lot containing an existing dwelling. The proposed lot containing the existing dwelling is currently part of a larger property which fronts on Lee Avenue. Once the subdivision is registered the existing dwelling, and the new lot which will contain the dwelling, will continue to front on Lee Avenue while the remainder of this property will be subdivided and will form part of the 16 new lots which will front on the proposed local street. The proposed local street will loop and reconnect to where Chiavatti Drive presently terminates and will have to have a separate street name to accommodate addressing (See Figure 4).

The proposed lots are a combination of seven conventional large lots and ten large wide shallow lots. Proposed lot areas range from 0.074 ha (0.18 ac) to 0.12 ha (0.3 ac). Proposed lot frontages range between 21.8 m (71.6 ft) and 31.2 m (102.4 ft). The proposed development has a gross residential density of approximately 7.4 units per hectare (3 units per acres), which is consistent with the Official Plan. The following table outlines the details of the lot frontages and average lot sizes for the proposed draft plan of subdivision:

Unit Distribution
Unit Type	Frontages		Lot Sizes
Unit Type	Metres	Feet	Hectares		Acres	No. of Units
Single detached	21.8	71.5	0.074		0.18	1
Single detached	22.7	74.5	0.094 – 0.1		0.23 – 0.25	2
Single detached	23.2	76.1	0.094		0.23	1
Single detached	25.5	83.7	0.082		0.2	1
Single detached	27 – 27.9	88.6 – 91.5	0.085 – 0.1		0.21 – 0.25	2
Single detached	28	91.9	0.085		0.21	2
Single detached	30 – 30.9	98.4 – 101.4	0.084 – 0.11		0.21 – 0.27	4
Single detached	31 – 31.9	101.7– 104.7	0.087 – 0.94		0.21 – 0.23	3
Single – detached (existing dwelling on Lee Avenue	22.6	74.1	0.12		0.3	1
Total 17
Density
Site Area				2.14 ha (5.3 acres)
Permitted Gross Residential Density Generally not exceeding 14.7 units per hectare (6 units per acre)				Proposed Density 7.4 units per hectare (3 units per acre)

The proposed local street will traverse the rear portions of 18, 22 and 28 Lee Avenue. 28 Lee Avenue, which is part of the proposed plan of subdivision, currently contains a single detached dwelling fronting onto Lee Avenue. The rear portion of this property is proposed to be subdivided into three new lots fronting on the proposed local street when the draft plan is registered. The other two residential lots fronting on Lee Avenue (18 & 22 Lee Avenue) will have the option to sever the rear portions of their properties to create three additional residential lots fronting on the proposed street in the future.

OPTIONS/ DISCUSSION:

The proposed subdivision conforms to the Official Plan

The subject lands are designated “Urban Residential – Low Density Housing” in the Official Plan, which permits single detached and semi-detached dwellings with direct frontage on a public street. The Official Plan provides that the gross residential density shall generally not exceed 14.8 units per hectare (6 units per acre) or as otherwise specified in the relevant Secondary Plan. As indicated in the above table, the proposed 17 units will result in a gross residential density of 7.4 units per hectare (3 units per acre). The proposal therefore conforms to the policies of the Low Density Housing category of the Official Plan.

The East Riseborough Secondary Plan (PD 2-2), a non statutory Secondary Plan which serves as a general land use policy guideline, designates the subject lands as ‘Urban Residential (Low Density)’ and provides that lot areas shall be approximately 0.134 hectares (0.33 ac) to 0.21 hectares (0.52 ac) with a density of 12.35 units per hectare (5 units per acre). The proposed lots sizes range from 0.074 hectares (0.18 ac) to 0.12 hectares (0.3 ac) and are considerably smaller than the lot size guideline of the non-statutory Secondary Plan.

The existing homes along Chiavatti Drive, Noble Street and Lee Avenue generally have lot frontages ranging between 22.6 m (74.2 ft) and 36.3 m (119 ft). The proposed development will have lot frontages ranging between 21.8 m (71.6 ft) and 31.2 m (102.4 ft), which are generally comparable with the existing lot frontages in the immediate vicinity. The proposed lots are configured to accommodate larger dwellings (up to 5,000 sq feet) on the smallest of the proposed lots while generally maintaining the minimum setback requirements prescribed in the zoning by-law. The proposed lot configurations are considered to be in keeping with the character of the existing community. The amount of open space and landscaping between houses will be compatible in an area context.

A Zoning By-law Amendment is required

The lands are zoned Suburban Residential Third Density (Hold) [SUR3(H)] and Suburban Residential Second Density (SUR2) in By-law 193-81, as amended. These zone categories only permit single family detached dwellings with minimum frontage of 30 m (98.4 ft.) and minimum lot area of 0.13 ha (0.32 ac.).

The proposed implementing Zoning By-law will rezone the subject lands to Suburban Residential Third Density (SUR3) with the exception of the lot fronting onto Lee Avenue which will retain its current zoning. The amending by-law will contain site specific exceptions to permit a minimum lot frontage of 22.7 m (74.5 ft), a minimum lot area of 0.074 ha (0.183 ac), a minimum front yard setback of 6 m and a maximum lot coverage of 40%. The amending by-law will also limit the total number of lots within the area covered by the by-law to 16 lots.

A draft Zoning By-law Amendment is set out in Appendix ‘B’ of this report.

A public meeting was held on June 21, 2005

A statutory public meeting was held on June 21, 2005, to consider the draft plan and rezoning application. The following are the key issues raised by the residents at the Public Meeting, which have been addressed or will be addressed by the applicant.

Proposed lot configurations are generally compatible with the existing lots in the area

Area residents raised concerns with respect to the proposed lot areas and lot frontages and their compatibility with the existing large lots in the area. The initial proposal presented at the public meeting consisted of 19 lots with lot areas ranging between 0.063 ha (0.156 ac) and 0.119 ha (0.295 ac) and lot frontages ranging between 22.7 m (74.5 ft) to 28.5 m (93.5 ft). To address the concerns of the area residents, the applicant has reduced the total number of lots proposed from 19 to 17 lots in order to increase the lot sizes and frontages. With the exception of Lot 7, which is impacted by the curvature of the road, most of the lot areas and lot frontages have been increased. As discussed above, the proposed lots are considered to be in keeping with the character of the area.

Tree Inventory and Preservation Plan

Another concern raised at the meeting involved the loss of trees at the site. As noted previously, there are existing hedgerows located along the rear lot lines of residential properties fronting onto Lee Avenue and 14^th Avenue, as well as, along the easterly limits of the subject lands. Also, there are a few trees located along the rear lot of the existing heritage house fronting onto Kennedy Road. The applicant has submitted a tree inventory and preservation plan, which shows many of the existing trees being removed to accommodate the proposed local street and the development. However, the hedgerows and trees located along the north lot line, as well as a few trees along the rear lot line of the existing heritage house to the west, and some of the trees along the easterly limit of the subject lands will be preserved.

Staff will work with the applicant to ensure that tree removal is kept to a minimum around the perimeter of the site and that a robust landscape plan is provided to compensate for the loss of trees on this site

Increased traffic is not considered to be of concern

Some concerns where expressed by area residents with respect to the potential for increased traffic in the neighbourhood as a result of this development. The Engineering Department has advised that the additional 16 new lots proposed at the end of Chiavatti Drive, fronting on the proposed new street, would have minimal to no traffic impact on the local streets in the neighbourhood, and therefore increased traffic due to this proposal is not considered to be of significant concern.

Construction access is expected to be restricted to Kennedy Road

Area residents requested that the construction access for the proposed subdivision be restricted to Kennedy Road. As indicated above, the Owner also owns additional lands immediately to the east which has an existing driveway access onto Kennedy Road which is a Regional Road. The applicant has agreed to limit construction access to the existing driveway leading to Kennedy Road through the adjoining lands to the west and the Region York has indicated that this is acceptable.

Concerns and issues identified in the preliminary staff report have been addressed

The applicant has resolved the concerns/issues identified in the preliminary report on this application dated April 5, 2005, to the satisfaction of staff, as follows:

A pedestrian connection has been provided from the proposed street to Kennedy Road

The draft plan of subdivision has been revised to include a 3-metre wide pedestrian walkway extending from the proposed local street to Kennedy Road. The walkway will be located between Lot 16 and the Bell Canada property to the north and this walkway will be conveyed to the Town. Staff investigated the need to have this walkway serve as an emergency vehicular access but the Fire Department was satisfied that given the number of units within this subdivision a secondary access for emergency vehicles was not necessary.

Servicing and Stormwater management studies have been undertaken

Servicing and Stormwater Management Studies have been submitted in support of the proposed subdivision. The proposed watermain and sanitary sewers will be connected to the existing water and sewer systems on Chiavatti Drive. However, storm sewers will be connected to Kennedy Road through the proposed 3-metre wide pedestrian walkway.

The standard width of an easement or block for a single sewer less than 600mm diameter and less than 3.7 metre deep is 6 metres. In order to provide the standard 6-metre wide easement/block, the applicant is proposing a 3-metre wide servicing easement along the north lot line of Lot 16. Engineering staff have indicated that the 3-metre wide walkway combined with the 3-metre wide servicing easement on Lot 16 is satisfactory.

Serving Allocation

Council at its November 29, 2005, meeting approved servicing allocation for a number of developments including this proposal by 1297482 Ontario Limited. Servicing allocation is only required for 16 units as the existing dwelling fronting on Lee Avenue already has municipal services.

Alternative street patterns have been investigated

Two alternative street patterns were discussed with the applicant. The first option was to extend Chiavatti Drive to the westerly limits of the subject lands and have it terminate in a cul-de-sac. The second option was to extend Chiavatti Drive to the westerly limits of the property and have it bend south to intersect with Lee Avenue. The second option would have provided for a continuous street pattern with a secondary access to the subdivision. The applicant indicated that both options resulted in inefficient layouts which resulted in fewer lots and would not be financially feasible. Furthermore, the second option would require the proposed street to be extended through 18 Lee Avenue; the owner of this property is only participating in the subdivision to the extent that he is agreeable to allowing the proposed road to cross the rear portion of the property. Staff would have preferred to see the proposed local road extended to Lee Avenue, but recognize that this option would result in fewer lots and require the co-operation of property owners who are not interested in developing at this time. After reviewing the options and further to discussions with the applicant, staff have determined that the proposed street pattern is acceptable.

Conclusion

Staff support the draft plan approval of the subdivision submitted by 1297482 Ontario Limited (19TM-05001) and recommend that the plan, as outlined in Figure 4, be draft approved subject to the conditions of approval listed in Appendix ‘A’ as well as any additional conditions which may be submitted by the Region of York. The subject plan of subdivision is not adjacent to a Regional road and significant comments/conditions are not anticipated. Staff also recommend that the implementing Zoning By-law Amendment contained in Appendix B, be finalized and enacted.

FINANCIAL TEMPLATE (Separate Attachment):