Report to: Development Services Committee Report Date: March 24, 2009

SUBJECT: PRELIMINARY REPORT

Glenn Baron, Phyllis Doherty and Tricia Lou Developments Ltd.

Zoning By-law amendment application to facilitate the creation of seven (7) new single residential lots on the south side of Helen Avenue in South Unionville.

251 & 271 Helen Avenue, and the abutting vacant lot to the east.

ZA 09 107312

PREPARED BY: Stacia Muradali, Planner II

Central District, ext. 2008

RECOMMENDATION:

1) That the staff report entitled “PRELIMINARY REPORT. Glenn Baron, Phyllis Doherty and Tricia Lou Developments Ltd. Zoning By-law amendment application to facilitate the creation of seven (7) new single residential lots on the south side of Helen Avenue in South Unionville. 251 & 271 Helen Avenue and the abutting vacant lot to the east. (ZA 09 107312),” be received;

2) That a Public Meeting be held to consider the Zoning By-law amendment application (ZA 09 107312);

3) And that staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to provide preliminary information regarding an application submitted by Flato Management Inc. on behalf of Glenn Baron, owner of 251 Helen Avenue, Phyllis Doherty, owner of 271 Helen Avenue, and Tricia Lou Developments Ltd, the owner of the abutting vacant lot to the east of 271 Helen Avenue, for a Zoning By-law amendment, and to recommend that a statutory Public Meeting be held to consider the application.

BACKGROUND:

Complete Application Date

The Zoning By-law amendment application was deemed to be complete on January 14, 2009.

Subject lands and area context

The applicants own 251 Helen Avenue, 271 Helen Avenue, and the abutting vacant lot to the east of 271 Helen Avenue (the “overall lands”) (Figure 1). The overall lands extend from Helen Avenue to Highway 407 to the south and are approximately 3 hectares (7.39 acres) (Figure 1). The applicant is proposing to rezone the northerly portions (the “subject lands”) of 251 Helen Avenue, 271 Helen Avenue, and the abutting vacant lot to the east of 271 Helen Avenue to accommodate new residential development (Figure 1). The subject lands encompass approximately 0.6 hectares (1.38 acres) and contain a few mature trees (Figure 3).

Residential redevelopment has occurred to the north and west of the subject lands. There are larger residential lots and the Unionville Meadows Public Elementary School to the east (Figure 3).

Proposal to create seven (7) new residential lots

The applicant is proposing to create seven (7) new lots along the south side of Helen Avenue (Figure 4) for single family homes. The applicant is not proposing to rezone and develop the balance of the overall lands as servicing allocation is not available at this time. The applicant is proposing lot frontages in the range of 10.08 metres (33 feet) to 11.69 metres (38 feet). The majority of newly created and redeveloped lots along the south side of Helen Avenue have lot frontages ranging between 11 to 12 metres (36 to 39 feet). However, there are newly created lots at 213 and 215 Helen Avenue which have 10.05 metre (32.9 feet) and 10.07 metre (33 feet) lot frontages. The applicant is proposing lot depths in the range of 28.6 metres (93 feet) to 43.9 metres (144 feet).

The lots are proposed to be created through severance applications through the Committee of Adjustment, and a Zoning By-law amendment is required to facilitate the new lots. Part 18 (Figure 4) is proposed as a portion of the Harry Cook Drive extension at the easterly portion of the subject lands.

South Unionville Secondary Plan and Master Land Use Plan

The subject lands are designated Low Density Housing in the South Unionville Secondary Plan (OPA 22) (the “Secondary Plan”). Lands designated Low Density Housing are intended to include single detached dwellings with a gross residential density of 14.8 units per hectare (6 units per acre). There will be ten (10) houses on 0.6 hectares (1.38 acres) which results in a density of 16.6 units per hectare (7.2 units per acre). Density calculated over the subject lands exceeds the density permitted in the Secondary Plan. It is anticipated that when density is calculated for development of the overall lands, the proposed development will conform to the density provisions in the Secondary Plan. Town staff has requested a concept plan for the overall lands which would identify the number of lots proposed and overall density.

The South Unionville Master Land Use Plan contemplates Low Density Residential development for the subject lands.

Zoning By-law amendment required

The subject lands are zoned Rural Residential One (RR1) which permits a single family dwelling on a parcel and requires a minimum lot frontage of 45 metres (147 feet) and a minimum lot area of 0.4 hectares (0.98 acres). A Zoning By-law amendment is required to facilitate the smaller proposed lot areas and lot frontages. The applicant is proposing to rezone the subject lands to Residential Two (R2) with site-specific exceptions in Zoning By-law 177-96, as amended, which is consistent with the residential redevelopment which has previously occurred to the north and west (Figure 2). The remainder of the overall lands will not be rezoned as part of this application.

OPTIONS/ DISCUSSION:

Concept plan required

The overall lotting and street pattern have been established for the South Unionville Secondary Plan area in the South Unionville Community Design Book. Peshawar Avenue, which has been constructed to the west of the subject lands (Figure 4), is proposed to continue east through the overall lands. Harry Cook Drive is also proposed to be extended south through the easterly portion of the overall lands. The applicant is proposing shorter depths for the most easterly lots, than for the other proposed lots. In the absence of a comprehensive draft plan of subdivision for the overall lands, Town staff require a concept plan illustrating how the overall lotting and street pattern can be appropriately accommodated on the overall lands and the impact which the proposed lots may have on development of the overall lands. As noted above, the concept plan would also enable staff to ensure that the appropriate density is applied to the overall lands, to confirm that an OPA is not required re the proposed density.

The depths of the most easterly lots are shown to be approximately 9 metres (30 feet) shorter than the other proposed lots. The depths of the three (3) easterly lots would be expected to be consistent with the proposed lots to the west. The concept plan which Town staff requires, should demonstrate the impact of these shorter lots on the overall lotting and street pattern, and indicate a rationale or justification for the proposed lotting pattern, to the satisfaction of the Town. Alternatively, the lot depths should be revised to be consistent.

Subsequent to the rezoning process, a number of matters would have to be addressed through the severance and possibly the site plan process as detailed below.

Future extension of Harry Cook Drive

The Community Design and Secondary Plan contemplates that Harry Cook Drive will eventually be extended south to connect to Caboto Trail. A portion of the future extension will be located along the easterly section of the overall lands (Part 18, Figure 4). A minimum 17.5 metre right-of-way width will be required for the extension. Town staff will secure the extension of Harry Cook Drive along the subject lands, and any related conveyances, recoveries and road improvements through a development agreement as part of the future severance process.

In addition, the applicant is required to provide a concept plan showing the subject lands, Helen Avenue, and Harry Cook Drive (on the north side of Helen Avenue) to ensure that Part 18 is appropriately aligned and configured.

Relocation and restoration of the Robert Armstrong House

The applicant is pursuing the potential relocation of a heritage house, the Robert Armstrong house, located at 7931 Kennedy Road (south of Highway 407, east side of Kennedy Road), and incorporating it into the proposed development. One of the westerly lots, either Part 2 or Part 3 (Figure 4) is contemplated to accommodate the heritage house. In the event that the applicant relocates and restores the Robert Armstrong House, site plan approval from the Town’s Heritage Planning section will be required.

Undeveloped lands should be merged on title

The remainder of the overall lands which will not be developed at this time will become landlocked as a result of the future severances as proposed. Therefore, the Town will require that the remaining lands be merged on title with the most westerly retained lot at 251 Helen Avenue during the severance process, to ensure street frontage and access. The merging of the undeveloped lands would also help ensure that future development of these lands occurs in a comprehensive manner.

Engineering Requirements

A Master Servicing and Drainage Plan has been prepared for South Unionville. The applicant is required to submit a Servicing/Drainage Study for all of the overall lands and the terms of reference must be approved by the Engineering Department, prior to commencing the study, to ensure conformity with the Master Servicing and Drainage Plan. Detailed grading plans for each of the proposed lots is also required. An Environmental Site Assessment and Record of Site Condition will be required for the lands to be conveyed to the Town for the future extension of Harry Cook Drive.

South Unionville Landowners Group

There is an active Landowners Group in South Unionville within which the applicant is required to be a participant. The applicant will be required to provide a clearance letter from the Trustee of the South Unionville Landowners Group indicating that the applicant has provided their proportionate share of the costs required by the Landowners Group.

Tree preservation

There are a few mature trees located on the subject lands. The tree preservation plan should be revised to reflect preserving the existing mature trees, especially those located outside of the proposed building footprints and along the proposed side property lines. These trees can be preserved if grading plans and utility plans are coordinated with the revised tree preservation plan. Approval of a tree preservation plan will be required through the severance process.

Additional information may be required

The Town is still in the preliminary stage of reviewing this application. Additional information and plans may be required to enable staff to complete their review and additional issues may be identified which will need to be addressed as part of this review.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed development facilitates appropriate intensification and growth management.

BUSINESS UNITS CONSULTED AND AFFECTED:

This application has been circulated to various departments and external agencies and is currently under review. Requirements of the Town and external agencies will be reflected in the final staff report.

RECOMMENDED BY:

______________________________ _______________________________

Biju Karumanchery, M.C.I.P., R.P.P James Baird, M.C.I.P., R.P.P

Senior Development Manager Commissioner, Development Services

ATTACHMENTS:

Figure 1- Location Map

Figure 2- Area Context/Zoning

Figure 3- Air Photo

Figure 4- Proposed Site Plan

AGENT:

Attn: Shakir Rehmatullah

Flato Management Inc.

3601 Highway 7 East

Unit 309

Markham, ON, L3R 0M3

Tel: 905-479-9292

Fax: 905-479-9165

File path: Amanda\File 09 107312\Documents\Recommendation Report