Report to: Development Services Committee Report Date: February 2, 2010

SUBJECT: RECOMMENDATION REPORT

Oakcrest/ Sabiston/ River Bend Study Area review findings

PREPARED BY: Stacia Muradali, Ext. 2008

Planner, Central District

RECOMMENDATION:

1) That the staff report titled “Oakcrest/ Sabiston/ River Bend Study Area review findings,” be received;

2) That the attached Study report titled “Land Use Planning Report, Oakcrest/ Sabiston/ River Bend Study Area - South Unionville,” (dated January 5, 2010, prepared by Meridian Planning Consultants), be received;

3) That Council endorse the recommendations of the “Land Use Planning Report, Oakcrest/ Sabiston/ River Bend Study Area – South Unionville,” (dated January 5, 2010, prepared by Meridian Planning Consultants) as it applies to the Study Area, for the purpose of finalizing and reporting out on current applications within the Oakcrest/ Sabiston/ River Bend Study Area;

4) That Council authorize Staff to hold a Public Meeting on the Zoning By-law amendments for the Oakcrest/ Sabiston/ River Bend Study Area, recommended in the Study titled “Land Use Planning Report, Oakcrest/ Sabiston/ River Bend Study Area – South Unionville,” (dated January 5, 2010, prepared by Meridian Planning Consultants);

5) That Staff report on rezoning applications for 16 River Bend Road (ZA 07 133206) and 4 Oakcrest Avenue (ZA 07 125054), and that the recommendations in the report titled “Land Use Planning Report, Oakcrest/ Sabiston/ River Bend Study Area – South Unionville,” (dated January 5, 2010, prepared by Meridian Planning Consultants) be applied to these applications;

6) That the “Land Use Planning Report, Oakcrest/ Sabiston/ River Bend Study Area – South Unionville,” (dated January 5, 2010, prepared by Meridian Planning Consultants), be referred back to Staff for a report back to Committee regarding the potential application of the Study findings to other infill areas in the Town, in the context of the current Official Plan Review;

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

EXECUTIVE SUMMARY:

A review of the Oakcrest/ Sabiston/ River Bend community has been undertaken, as directed by Council, to develop more definitive guidelines for infill development in the community. This review was initiated by Council in response to residents’ concerns with development applications in the area, respecting 4 Oakcrest Avenue, 19 Oakcrest Avenue and 16 River Bend Road. Meridian Planning Consultants (the “consultant”) was retained to undertake this review and has produced a report titled “Land Use Planning Report, Oakcrest/ Sabiston/ River Bend Study Area – South Unionville”, dated January 5, 2010. Two community information meetings were held to facilitate this review. Recommendations on the current applications in the area were deferred until the review of the Study Area was complete.

The owners of 19 Oakcrest Avenue appealed the lack of decision on their rezoning application to the Ontario Municipal Board. Staff and Meridian Planning Consultants attended the Ontario Municipal Board hearing in June 2009 to oppose the rezoning application, in part on the basis of prematurity pending completion of the Study in Fall 2009. However, on September 1, 2009 the Ontario Municipal Board ruled in favour of the applicant.

In light of the recent Ontario Municipal Board decision, the consultant concluded that lot creation in the Study Area could not be prohibited, especially given the previous approvals which have occurred in the Study Area. However, amendments to the current Official Plan policies and Zoning By-law are required to ensure that any new development, or redevelopment in the area, is compatible with existing development, and respects the existing character of the neighbourhood.

Meridian Planning Consultants concluded that their recommendations for the Oakcrest/ Sabiston/ River Bend Study Area, should also be considered for application to other infill areas throughout the Town, as the underlying principle of ensuring that proposed development maintains the character of an area, and is compatible with existing development, is the same in all infill areas. Staff are reviewing the Town-wide implications of the recommendations and propose to report on the findings at a later date and hold any Public Meetings as appropriate, following such review.

Staff support the findings in the Land Use Planning Report as they relate to the Oakcrest/ Sabiston/ River Bend Study Area and recommend that a Public Meeting be held to facilitate the proposed amendments applicable to the Oakcrest/ Sabiston/ River Bend Study Area. Recommendations from the Land Use Planning Report should be applied to the current applications in the area (16 River Bend Road and 4 Oakcrest Avenue), and staff will report on current applications following Council direction on the overall Study.

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 summarize the findings of the report titled “Land Use Planning Report, Oakcrest/ Sabiston/ River Bend Study Area – South Unionville”, prepared by Meridian Planning Consultants Inc., and to make recommendations on the future review process and current development applications within the Oakcrest/ Sabiston/ River Bend Study Area. This report also comments on possible Town-wide Official Plan and Zoning considerations resulting from this review.

BACKGROUND:

Subject area and area context

The Oakcrest/ Sabiston/ River Bend community (the “community”) is located south of Highway 7, east of Kennedy Road, and includes Oakcrest Avenue, River Bend Road, Campbell Court and the northern portion of Sabiston Drive (the “Study Area”) (Figure 1). The Study Area is made up of 79 lots and is characterized by primarily large lots with single detached dwellings, mature trees and generous setbacks. The majority of original lot frontages ranged from 30 to 38m (100 to 126 ft). The community is adjacent to the more recent South Unionville Secondary Plan area, and shares a number of road connections and linkages with South Unionville.

Site Development Guidelines adopted by Council in 1999

In 1998, due to objections by a number of area residents to a proposed rezoning application to facilitate severances, a review was undertaken to determine the appropriateness of severances within the community (see attached report in Appendix ‘B’ for background and details). The review included Sub-Committee meetings and public consultation. Although consensus was not fully reached with respect to severances (residents on Sabiston Drive and River Bend Road were more receptive to severance potential on their streets than the residents on Oakcrest Avenue), the residents all expressed a desire to maintain the character and uniqueness of their community.

As a result, Council adopted revisions to the “Site Development Guidelines for the Sabiston/ Oakcrest Community” (the “guidelines”), in 1999. These guidelines outlined general principles which are to be considered by the Town in the context of all development applications in the Study Area, and were intended to complement existing Town policy and regulations. These guidelines established objectives, and addressed natural heritage preservation, lot frontage and lot area, built form and siting considerations for the application review process in the Study Area. The entire Study Area was already subject to the infill by-law and was brought under site plan control in 1998, and the guidelines were applied to each application.

Previous zoning approvals

Since 1999, ten of the original lots within the community were subdivided into two or three lots resulting in an increase of 12 additional lots, with some lots having frontages of 15.24m (50ft) on River Bend Road and Sabiston Drive. The associated amending by-laws all rezoned the lots from Single Family Rural Residential (RRH) to Single Family Residential (R3) in Zoning By-law 122-72, as amended. However, in the majority of the amending By-laws, adjustments to the R3 zone standards were applied, and tailored to each individual proposal.

Council direction to establish more definitive and consistent policies

In December 2007 and March 2008, Public Meetings were held for rezoning applications for 4 and 19 Oakcrest Avenue and 16 River Bend Road, related to proposed severances. Residents from the community voiced concerns at these meetings, indicating that the proposed lots were not in keeping with the character of the neighbourhood, and the previous severances. Residents also indicated that approvals have impacted community character as a result of reduced setbacks, larger homes, loss of trees and smaller lots created through severances. Council directed Staff to review and formulate a more definitive plan and guidelines for the community and consideration of current applications were deferred until the review was finalized and discussion with Policy staff regarding the Official Plan Review currently underway, to conform with Provincial and Regional Plan policies.

The Town retained Meridian Planning Consultants to undertake the review of the planning and development context of the community and to provide recommendations on appropriate zoning standards and development framework. This has resulted in the report titled “Land Use Planning Report, Oakcrest/ Sabiston/ River Bend Study Area – South Unionville” dated January 5, 2010 (the “Land Use Planning report”). Two community information meetings were held to facilitate this process, and comments from the residents of this community have been taken into consideration. The content of the report is summarized below.

Ontario Municipal Board Decision for 19 Oakcrest Avenue

In December 2008, subsequent to the commencement of the area study, the owner of 19 Oakcrest Avenue appealed the lack of decision on the rezoning application for that property to the Ontario Municipal Board (OMB). Staff recommended refusal of the application on the basis that a recommendation on the application was premature pending the outcome of the review, and that the proposed rezoning and future severances would not be consistent with the overall character of Oakcrest Avenue. Council directed Staff to attend at the OMB. In September 2009, the OMB approved the rezoning of 19 Oakcrest Avenue, which had the effect of permitting the division of 19 Oakcrest Avenue into two lots with 19m (62 ft) frontages.

OPTIONS/ DISCUSSION:

Analysis undertaken by Meridian Planning Consultants

Meridian Planning Consultants (the “consultant”), analyzed the Provincial policy framework, the Town’s Official Plan and Zoning By-laws, and the Site Development Guidelines for the Oakcrest/ Sabiston community, which were adopted by Council in 1999. The consultant also examined the history of lot creation in the area and the current neighbourhood character by defining elements of character and creating a character index for the area.

The character analysis was undertaken to assist in determining whether the character of the Study Area would be affected by the creation of new lots. The following components were analyzed as defining elements of character:

• Lot size;
• Vegetation (size, location, age and variety);
• Buildings (size, setbacks, orientation and materials);
• Architectural style;
• Age of neighbourhood
• Right-of way treatment; and
• Proximity of significant natural features.

Based on the character analysis undertaken by Meridian Planning Consultants, they concluded the following:

River Bend Road

The approvals granted for new lots on River Bend Road has established the principle of creating additional lots on all of the north side of River Bend Road, east of Sabiston Drive. These approvals have changed the character considerably, resulting in larger homes on smaller lots with reduced front and side yard setbacks. A need was identified to protect the character of the street through additional built form controls, while still allowing future lot creation which is in keeping with the character of the street.

Upper Sabiston

The changing character of Upper Sabiston and the fact that only a few large lots remain allows for the consideration of future lot creation.

Oakcrest Avenue

The consultant recognized that limited redevelopment has occurred on the street. The original character of Oakcrest Avenue remains largely intact. However, given that the OMB has approved the rezoning application for 19 Oakcrest Avenue, it would be difficult to defend prohibiting lot creation on the street. To guide future infill development, it is integral that the built form and character of the street be respected through the preservation of mature trees, generous setbacks, and built form indicative of the street.

Conclusions by Meridian Planning Consultants

The consultant concluded that the current Official Plan policies and implementing Zoning By-laws did not provide a strong enough basis to support decision-making with regard to redevelopment applications within the Study Area and infill areas throughout the Town. Given the previous rezoning and severance approvals, new infill housing, and recent OMB decision for 19 Oakcrest Avenue, it would be difficult to defend prohibiting lot creation in the Study Area. However, it is important to ensure that all new lots are compatible with existing development and lot sizes, and meet specific criteria to respect the existing character of the neighbourhood. Individual rezoning and severance applications should be reviewed on a site-specific basis, to ensure conformity with the recommendations of the Land Use Planning Report.

Based on the above, the consultant has identified specific criteria which should be considered when lot creation and redevelopment is proposed. These criteria should be considered for incorporation into amendments to the Town’s Zoning By-law and the larger policy context of the Official Plan.

• Relationship between the massing and height of existing and proposed buildings;
• Location of established building lines;
• Placement of existing and proposed building on a lot;
• Lot coverage of existing and proposed development;
• Nature of existing and proposed building materials; and
• Location of driveways, garages and trees.

The consultant’s recommendations may be applicable to infill areas throughout the Town

While each neighbourhood in the Town has its own character and history, the general planning principles considered in the development of the recommended infilling provisions and Official Plan amendments should be considered for application throughout the Town. The underlying and fundamental principle of ensuring that new development is compatible with existing development and does not detract from the character of the neighbourhood, remains the same. The Town-wide implications are currently being reviewed and staff propose to report on the findings at a later date and in the context of the current Official Plan Review.

The consultant has recommended amendments to the Official Plan

A portion of the Study Area is designated in the South Unionville Secondary Plan, and the remainder is designated in the Official Plan, but without an applicable Secondary Plan. “Urban Residential”, “Low Density Housing”, “Hazard Lands”, “Open Space”, and “Special Policy Area” are the designations which apply to the Study Area.

The consultant recommends that the Official Plan be amended to incorporate planning principles to provide the basis for decision-making when responding to infilling applications. At the same time, the Official Plan should provide that there is a public interest in maintaining the character of existing communities, while providing for opportunities for appropriate intensification. The consultant also recommends that these principles be applied to other infill areas throughout the Town, which may be experiencing similar development pressure as the Study Area. The implementation of the consultant’s recommended Official Plan amendments on a Town-wide basis, will be discussed at a later date, following further review.

The consultant has recommended amendments to the Zoning By-laws

The Study Area is zoned “Single Family Rural Residential (RRH)”, “Open Space (O1)”, “Single Family Residential (R3)”, and “Agriculture One (A1)” in Zoning By-laws 122-72 and 304-87, as amended. Zoning By-law 122-72 contains infill by-law 16-93. The consultant is currently undertaking a review of all infill by-laws which apply to infill areas throughout the Town, and this review had commenced prior to the review of the Study Area. The consultant recommends the following:

• Amending the zoning provisions (both parent and infill by-law), to implement more generous side setbacks and a more restricted massing provision, which should direct proposed new development/ redevelopment to be more compatible with existing development in the Study Area;
• That the lower portion of Oakcrest Avenue which is zoned “Agriculture One (A1)” in Zoning By-law 304-87, as amended, be rezoned to “Single Family Rural Residential (RRH)” in Zoning By-law 122-72, as amended, to be consistent with the rest of the Study Area; and
• Consider amending all of the Town’s infill by-laws to incorporate recommended development standards.

The Town-wide implications of the consultant’s recommendations require further review. As noted above, staff will report back on any amendments to the infill by-laws applying to other areas of the Town. However, a Public Meeting should be held to facilitate the recommended amendments to the Zoning By-law and infill by-law only as they apply to the Study Area, at this time.

Urban design implications

The consultant’s report recommends relying on the proposed stronger language in the Official Plan as the basis for decision-making. This, together with the incorporation of appropriate guidelines into the infill by-law would mean that the existing Site Development Guidelines for the community are no longer necessary.

However, further clarification and review are required with regard to urban design implications of the Land Use Planning Report; such as, the recommendation calling for architectural style to be reviewed, the language proposed for Official Plan amendments, the proposed amendments to all infill by-laws, and the proposal to eliminate the Site Development Guidelines for the Study Area. Nevertheless, if the Site Development Guidelines for the community are retained over the long term it may require amendments to more appropriately achieve urban design objectives, having regard for the consultant’s recommendations. Site plan approval relying on the Site Development Guidelines as it currently exist will continue to apply in the interim.

Conclusion

The Land Use Planning Report, prepared by Meridian Planning Consultants, provides a strong foundation for decision-making for applications within the Oakcrest/ Sabiston/ River Bend Study Area. The recommendations may also be applicable to other infill areas, throughout the Town. Staff support the proposed amendments to the Official Plan and Zoning By-laws to provide a more definitive, public interest direction for the subject Study Area. However, the broader application of the proposed amendments outside the Study Area require further consultation given the Town-wide policy and urban design implications.

It is recommended that the recommendations in the Land Use Planning Report, as they apply to the Study Area, be endorsed and a Public Meeting held to facilitate the proposed amendments. In addition, a review of the Town-wide implications of the recommendations in the Land Use Planning Report will be undertaken, and Staff will report out at a later date. In the interim, it is recommended that Staff bring forward recommendation reports on the current applications in the Study Area, having regard for recommendations in the consultant’s report.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed intensification policy and zoning amendments would help ensure that growth within existing neighbourhoods and the Oakcrest/ Sabiston/ River Bend community in particular, is managed in an effective way.

BUSINESS UNITS CONSULTED AND AFFECTED:

Not applicable.

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: Oakcrest/ Sabiston Community

Figure 2: Area Context/ Zoning

Appendix A: Land Use Planning Report

Oakcrest/ Sabiston/ River Bend Study Area – South Unionville

Dated January 5, 2010

Prepared by Meridian Planning Consultants

Appendix B: February 2, 1999 Planning Department Report

Sabiston/ Oakcrest Community

Proposed Revisions to the Site Development Guidelines for the

Sabiston/ Oakcrest Community

File path: Amanda\File 07 118576\Documents\Recommendation Report