DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design Catherine Conrad, Town Solicitor
	PREPARED BY:	Nilesh Surti, Planner, ext. 4190
	DATE OF MEETING:	April 4, 2006
	SUBJECT:	1606096 Ontario Limited Application for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 single-detached lots at 78 & 90 Lee Avenue and related applications for severance and minor variances

RECOMMENDATION:

That the staff report entitled: “1606096 Ontario Limited. Application for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 single-detached lots at 78 & 90 Lee Avenue and related applications for severance and minor variances” be received;

That the minutes of the Milliken Mills Subcommittee meeting held on January 30, 2006, be adopted;

And that the Mayor and the Clerk be authorized to execute the attached Minutes of Settlement for submission to the Ontario Municipal Board.

PURPOSE:

The purpose of this report is to provide an update to Development Services Committee regarding the rezoning and plan of subdivision applications submitted by 1606090 Ontario Limited, as well as the related severance and minor variance applications, at 78 & 90 Lee Avenue, on the north side of Lee Avenue, between Brimley Road and Noble Street, and to recommend that the Mayor and the Clerk be authorized to execute the attached Minutes of Settlement for submission to the Ontario Municipal Board.

BACKGROUND:

Revised Plan of Subdivision for 12 lots

A subdivision application for the subject lands to create 16 lots was submitted in early 2005.  However, given that sewer and water allocation may not be available for the entire subdivision for a lengthy period of time, the applicant submitted severance and associated minor variances applications to create a number of development parcels (two new lots and two retained parcels) fronting onto Lee Avenue with reduced frontage and lot sizes.  This was done in order to achieve some cash flow in the interim while the creation of the remaining lots through subdivision awaits servicing allocation.  The consent and associated minor variance applications were approved by the Committee of Adjustment on November 30, 2005.

Statutory Public Meeting was held on December 6, 2005

On December 6, 2005, a statutory Public Meeting was held to consider the proposed draft plan of subdivision and rezoning applications to permit 16 residential lots.  At this meeting a number of residents spoke in opposition to the proposal.  The primary concern raised by residents was the smaller frontage and size of the proposed lots fronting onto Lee Avenue in relation to existing lots in the area.  The residents felt that the new lots created would not accommodate homes consistent with the existing neighbourhood.  A number of Council members shared the residents’ concerns.  At that time Council directed that a Milliken Mills Subcommittee meeting be held with the applicant and the community to consider alternative lotting options. At the Public Meeting the applicant had agreed to make revisions to the plan to address some of the concerns raised by Council and area residents. An area resident as well as the Town chose to appeal the decisions of the Committee of Adjustment with regard to the consent and associated minor variance applications in order to entrench appeal rights under the Planning Act.    

Milliken Mills Subcommittee meeting held

On January 30, 2006, a Milliken Mills Subcommittee meeting was held to consider alternative lotting options with the community (See Appendix ‘A’ - minutes of the Milliken Mills Subcommittee meeting).  Planning staff made a brief presentation outlining the original proposal and the issues previously raised by the area residents.  Andrew Ip of Mansongsong Associates, the applicant’s engineering consultant, made a brief presentation outlining alternative draft plans containing 13 and 12 lots, as well as, alternative lotting options for 3 and 4 lots fronting onto Lee Avenue.   The residents who attended the Milliken Mills Subcommittee meeting stated that the revised draft plan did address some of their issues; however, they continued to express concerns regarding the new lots fronting onto Lee Avenue not having adequate depth to provide for a large dwelling with a minimum front yard setback of 40 to 50 feet. The area residents in attendance requested an opportunity to speak with their neighbours who were not in attendance.  Councillors, who attended this meeting, directed staff to meet with the residents and the applicant at a later date and provide an update to Development Services Committee as soon as possible. 

Further meeting with residents – agreement reached 

On February 9, 2006, staff once again met with the concerned residents and the applicant.  Andrew Ip prepared a revised draft plan showing a total of 12 lots including 4 lots fronting onto Lee Avenue (See Figure 1).  Mr. Ip indicated that the proposed lots fronting onto Lee Avenue could accommodate a dwelling with a gross floor area ranging between 4,000 to 6000 sq. feet and still maintain a minimum front yard setback of 40 feet. The Zoning By-law for this area requires a minimum front yard setback of 26.2 feet. As a condition of severance, the applicant has agreed to increase the front yard setback to 40 feet to satisfy area residents that the front yard setbacks for the new dwellings on Lee Avenue would be in keeping with the established building setbacks in this neighbourhood.

The concerned residents were generally satisfied with the revised draft plan presented by the applicant.  The lots to be created fronting on Lee Avenue will have a minimum lot frontage of 73 feet and the future dwellings within those lots will be setback a minimum 40 feet from the front property line. The applicant also agreed to include, as a condition of severance, a requirement that the proposed lots that do not presently contain a dwelling be subject to site plan approval. The requirement for site plan approval is to ensure that the siting of the buildings will be in accordance with the established pattern of development in the neighbourhood. The applicant has indicated that applications for site plan approval will be submitted for approval to accommodate dwellings on the three vacant parcels fronting onto Lee Avenue immediately after an OMB settlement hearing takes place as discussed below.

Minutes of Settlement Prepared 

Mr. Don Hindson, the applicant’s solicitor, has prepared Minutes of Settlement, in consultation with the Town Solicitor. The Minutes have been executed by the residents who appealed to the OMB the severance and associated minor variance applications.  Attached, is a copy of the Minutes of the Settlement (See Appendix ‘B’).  The revised layout for the lots fronting onto Lee Avenue and the associated variances are expected to be approved by the OMB in accordance with the Minutes of Settlement.

The applicant will submit a revised draft plan and a final report on the proposed plan of subdivision will be brought forward once servicing allocation for the remaining interior lots become available.

CONCLUSION:

The revised draft plan of subdivision consisting of 12 lots intended for single-detached dwellings, including 4 lots fronting onto Lee Avenue with a minimum lot frontage of 73 feet satisfies the concerns raised by area residents and Council members at the Public Meeting and the Milliken Mills Subcommittee meeting. As a condition of severance, the applicant is required to maintain a minimum front yard setback of 40 feet as well as obtain site plan approval to ensure that the new dwellings will be sited in accordance with the established pattern of development in the neighbourhood. It is the opinion of staff that the revised plan of subdivision including the new lots created on Lee Avenue though the severance process will be compatible with the other lots in the neighbourhood and is therefore in keeping with the character of the area.

FINANCIAL CONSINDERATIONS:

There are no financial impacts to the Town in this report.

BUSINESS UNITS CONSUTED AND AFFECTED:

The Legal Services department has been consulted in the preparation of this report.

Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

Catherine Conrad

Town Solicitor

FITH PATH: Q:\Development\Planning\APPL\SUBDIV\05 0130703 (Gonovski)\DSC - update report.DOC

ATTACHMENTS: Figure 1 – Revised Draft Plan of Subdivision

Appendix ‘A’ – Milliken Mills Subcommittee Meeting minutes

Appendix ‘B’ – Minutes of Settlement

AGENT: Tom Gonovski

1606090 Ontario Limited

78 Lee Avenue

Markham ON L3R 8G2

Tel: 416-729-1796