Report to: Development Services Committee                               Report Date: March 23, 2010

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Oakcrest Developments

                                            Zoning By-law amendment to facilitate a future severance of 4 Oakcrest Avenue into two (2) lots.

 

                                            ZA 07 125054

 

PREPARED BY:               Stacia Muradali, Ext. 2008

                                            Planner, Central District

 

 

RECOMMENDATION:

 

1)                  That the report dated March 23, 2010 titled “RECOMMENDATION REPORT, Oakcrest Developments, Zoning By-law amendment application to facilitate a future severance of 4 Oakcrest Avenue into two (2) lots (File No: ZA 07 125054),” be received;

 

2)                  That the Zoning By-law amendment applications (ZA 07 125054) submitted for 4 Oakcrest Avenue, be approved, subject to a minimum side yard setback of 3m (9.8ft) as recommended by Staff in this report, and that the implementing Zoning By-law amendment (ZA 07 125054) be finalized and enacted by Council;

 

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 recommend approval of the Zoning By-law amendment application  (ZA 07 125054) submitted by Oakcrest Developments, to facilitate a future severance of 4 Oakcrest Avenue into two (2) lots.  Staff recommend a minimum side yard setback of 3m (9.8ft) be implemented, to be more consistent with the unique character and previous rezoning approvals on Oakcrest Avenue.

 

BACKGROUND:

Subject property and area context

4 Oakcrest Avenue (the “subject property”), is located south of Highway 7, and west of Kennedy Road, just north of the South Unionville Secondary Plan area (OPA 22) and is the most northerly lot on the west side of Oakcrest Avenue (Figure 1).  The subject property has a frontage of 42.67 m (140 ft) and a lot area of 0.2 ha (0.5 acre).  A one and a half storey dwelling with a detached garage is located on the property.  There are several mature trees on the property.  A recent development featuring semi-detached dwellings fronting onto Deviation Road is located immediately to the north of the subject property.  The subject property on Oakcrest Avenue is within the Oakcrest/ Sabiston/ River Bend community which is characterized by large lots with generous setbacks and mature trees (Figure 4).

 

The character of Oakcrest Avenue is different from the semi-detached dwellings which were recently constructed and oriented towards Deviation Road and the smaller lot development which has occurred immediately to the west (and rear) of the subject property, and within the South Unionville Secondary Plan Area at the southerly terminus of Oakcrest Avenue.

 

Previous proposal to create three (3) new lots and community workshops held

The Zoning By-law amendment application submitted in August 2007 originally proposed to sever the subject property into three (3) new lots, which would have resulted in frontages of 14.2m (46.6ft) (Figure 3).  A Public Meeting was held in December 2007 and several residents within the Oakcrest/ Sabiston community opposed the proposal.  Development Services Committee stated that the proposal was not in keeping with the character of the street and suggested that the applicant meet with Staff to discuss alternatives.  The Local Councillor and Staff facilitated two (2) workshops with the applicant and community residents to discuss the proposal. 

 

Revised proposal to create two (2) new lots

Following the Public Meeting and community workshops, the applicant revised the previous proposal and is now proposing to create two (2) new lots, each with frontages of 21.3m (70ft) (Figure 5).  The residents who attended the workshops indicated that the proposed 21.3m (70ft) frontages appeared to be more in keeping with the frontages on Oakcrest Avenue, than the previously proposed 14.2m (46.6ft) frontages.  The residents however still had concerns with the overall effect of the proposed homes on the streetscape and character of Oakcrest Avenue.

 

Official Plan and Zoning

The subject property is designated “Urban Residential” in the Town’s Official Plan.  The “Urban Residential” policies include provisions for Zoning By-law amendments to accommodate severances where the lot size and design of the proposed dwellings are in keeping with adjacent development.

 

The subject property is zoned “Single Family Rural Residential (RRH)” in Zoning By-law 122-72 (Figure 2).  The RRH zone requires, among other things, a minimum frontage of 30.5m (100ft), and side yard setbacks of 3m (10ft).  The applicant is requesting that the current zone category be changed to “Single Family Residential (R3)”.  The R3 zone requires a minimum lot frontage of 18.3m (60ft) and minimum side yard setbacks of 1.8m (6ft) for a two-storey dwelling and 1.2m for a one-storey portion.  The infill by-law (16-93) also applies to the subject property. The applicant is proposing to comply with all of the minimum R3 and infill by-law requirements.

 

 

 

Oakcrest/ Sabiston / River Bend community review undertaken

Following Public Meetings held for two (2) other development applications within this community, 16 River Bend Road and 19 Oakcrest Avenue (March 2008), Council directed Staff to review and formulate a more definitive plan with appropriate zoning standards and development guidelines for the community.  The rezoning applications for 4 and 19 Oakcrest Avenue and 16 River Bend Road were deferred and Meridian Planning Consultants (the “consultant”) were retained to undertake the Study.  The owners of 19 Oakcrest Avenue appealed their rezoning application to the Ontario Municipal Board (OMB) while the review was being undertaken.  The OMB approved the rezoning application for 19 Oakcrest Avenue.  Staff reported out on the consultant’s findings in January 2010. 

 

 

OPTIONS/ DISCUSSION:

Previous rezoning approvals on Oakcrest Avenue

There have been two (2) previous rezoning approvals to facilitate severances on Oakcrest Avenue.  In 2000 and 2002, 16 Oakcrest and 8 Oakcrest were rezoned from RRH to R3.  Side yard setbacks of 3.1m (10ft) and 4m (13ft) respectively, were imposed through the amending by-laws.  8 Oakcrest has similar frontages to the proposed lots on 4 Oakcrest.  The side yard setbacks which were implemented are greater than the minimum required side yard setback in the R3 zone (1.8m for a two-storey dwelling).  The larger side yard setbacks were imposed to address the character of the street and tree preservation issues.  The combined side yard setbacks for 16 and 8 Oakcrest represent approximately 23 1/2 % and 38% of the respective lot frontages.  One of the recommendations by the consultant is to amend the Zoning By-law which applies to the Oakcrest/ Sabiston/ River Bend community, and implement a minimum combined side yard setback requirement of 30% of the lot frontage.

 

The applicant is proposing 1.8m (6ft) side yard setbacks which is the minimum side yard setback requirement in the R3 zone or approximately a combined 17% of the lot frontage.  Staff met with the applicant to discuss providing a more generous side yard setback than the minimum R3 side yard setback of 1.8m (6ft), to be more consistent with previous approvals and the character of the street, and the consultant’s report.  The applicant has not agreed to provide a more appropriate side yard setback.

 

Staff recommend that a minimum combined side yard setback of 30% of the lot frontage (total 6m) be imposed, which would be more consistent with previous approvals of 6.2m and 8m for 16 and 8 Oakcrest Avenue, and would help maintain the character of Oakcrest Avenue, and comply with Meridian Planning Consultant’s recommendation.  This would still result in a 15.24m (50 ft) wide dwelling. 

 

Site plan and severance applications required

The Town established Site Development Guidelines for the community in 1999 and consequently, applied site plan control to the area.  The applicant will be required to submit site plan applications at which time the Site Development Guidelines will be applied, and issues such as tree preservation and building siting, driveway and garage locations, and building elevations among others, will be addressed.  The applicant will also be required to submit severance applications to the Committee of Adjustment to create the proposed lots.

 

Conclusion

Staff recommend that the Zoning By-law amendment for 4 Oakcrest Avenue incorporate a larger combined side yard setback of 6m (19.6 ft) to be more consistent with previous approvals on Oakcrest Avenue, the character of Oakcrest Avenue and the recommendations of the recent planning Study for the area. 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed Zoning By-law amendment would help manage growth in an effective and compatible way, in keeping with the character of the existing neighbourhood.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

All Town departments and external agencies have been circulated with this application and their comments have been considered in this report.

 

 

RECOMMENDED BY:  

 

 

 

 

______________________________                      _______________________________

Biju Karumanchery, M.C.I.P., R.P.P                        Jim 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:                     Previous Site Plan

Figure 4:                     Air Photo

Figure 5:                     Revised Site Plan

 

 

 

 

APPLICATION CONTACT INFORMATION

Attn: Greg Chitilian

Oakcrest Developments

30 Touraine Drive

Markham, ON, L6C 1T1

Tel: 905-477-7544

Fax: 905-477-2882

Email: concanadian@rogers.com

 

File path: Amanda\File 07 125054\Documents\Recommendation Report