RECOMMENDATION:
That a Public Meeting be held to consider the Zoning By-law Amendment
(ZA 05 013080) and Draft Plan of Subdivision (19TM-05013) applications
submitted by 1606090 Ontario Limited to permit 16 single detached dwellings on
the properties located on the north side of Lee Avenue, between Brimley Road
and Noble Street, municipally known as 78 & 90 Lee Avenue.
PURPOSE:
The purpose of this report is
to provide preliminary information regarding the rezoning and plan of
subdivision applications by 1606090 Ontario Limited
to permit 16 single detached dwellings on the properties located on the
north side of Lee Avenue,
between Brimley Road and Noble
Street, and to recommend that a statutory
Public Meeting be held to consider these applications.
BACKGROUND:
Property and Area Context
The subject
lands comprise two properties having a combined area of approximately 1.63
hectares (4 acres). The properties are located
on the north side of Lee Avenue between Brimley Road and Noble Street and are municipally known as 78 & 90 Lee Avenue (See Figure 1).
Both properties contain a single detached dwelling having direct
frontage onto Lee Avenue. The existing dwelling on 90 Lee Avenue will be demolished; however, the other existing dwelling
on 78 Lee Avenue will be incorporated into the proposed subdivision. The properties contain mature hedgerows and
other vegetation, specifically along the perimeter of the properties.
To the west and to the south, across Lee Avenue, are single detached dwellings. Immediately to the north are single detached
dwellings fronting onto 14th Avenue and the site approved for a new Cornerstone Chinese Alliance Church. Adjoining the
property to the east are two Montessori schools fronting onto Brimley Road (See Figures 2 & 3).
Proposal is for 16 single detached lots.
The proposal
consists of 16 lots intended for single detached dwellings. Four lots will front onto Lee
Avenue and the remaining 12 lots will
have access from a proposed local road which will extend north from Lee Avenue and terminate in a
cul-de-sac (See Figure 4). The existing hedgerow along the mutual
property line between 78 & 90 Lee
Avenue will be removed by the proposed
public road. Proposed lot areas range
from 0.057 hectares (0.14 acres) to 0.141 hectares (0.348 acres) and proposed
lot frontages will range between 14.7 metres (48.2 feet) to 26.7 metres (87.6
feet). The proposed development has a
gross residential density of approximately 9.8 units per hectare (4 units per
acre). The following table outlines the
details of the lot frontages and lots sizes for the proposed draft plan of
subdivision:
|
Unit Distribution
|
|
Lots
|
Frontages
|
Lot
Area
|
|
Feet
|
Metres
|
Acres
|
Hectares
|
|
1
|
68.24
|
20.8
|
0.202
|
0.082
|
|
2
|
68.24
|
20.8
|
0.204
|
0.083
|
|
3
|
51.41
|
15.67
|
0.161
|
0.065
|
|
4
|
51.41
|
15.67
|
0.161
|
0.065
|
|
5
|
51.41
|
15.67
|
0.161
|
0.065
|
|
6
|
51.41
|
15.67
|
0.144
|
0.058
|
|
7
|
49.02
|
14.94
|
0.141
|
0.057
|
|
8
|
49.48
|
15.08
|
0.277
|
0.112
|
|
9
|
48.23
|
14.7
|
0.312
|
0.126
|
|
10
|
54.27
|
16.54
|
0.182
|
0.074
|
|
11
|
54.66
|
16.66
|
0.171
|
0.069
|
|
12
|
53.12
|
16.19
|
0.195
|
0.079
|
|
13
|
54.33
|
16.56
|
0.196
|
0.079
|
|
14
|
54.33
|
16.56
|
0.196
|
0.079
|
|
15
|
64.93
|
19.79
|
0.293
|
0.119
|
|
16
|
87.60
|
26.7
|
0.348
|
0.141
|
Severance application has been submitted to create 3 lots fronting onto
Lee Avenue
The applicant has
submitted severance applications for both 78 and 90
Lee Avenue in order to
create three new lots fronting onto Lee
Avenue (See Figure 5). The lots fronting onto Lee
Avenue have been sized such that
sufficient land has been set aside as part of the retained parcels for a road
right-of-way which will provide access to the rear of the properties. These portions of the retained parcels, which
front onto Lee Avenue, will
be combined in the future to provide the public road access for the proposed
subdivision’s interior lots. The road
right-of-way is to be conveyed to the Town as part of the subdivision process.
The applicant has
also submitted supporting minor variance applications for the three proposed
lots. The applicant proposes to proceed
with part of the subdivision through the severance process, given that sewer
and water allocation may not be available for the entire subdivision for a lengthy
period of time. This course of action
assumes that lots created through severance would have access to servicing
allocation earlier than plans of subdivision might. The applicant’s goal is to achieve
some cash flow in the interim while the remaining lots await servicing
allocation.
If the proposed
three lots receive servicing allocation and the severance applications are
approved by the committee of Adjustment then these lots will be removed from
the plan of subdivision.
The residential
lots proposed in the severance applications are consistent with the lot layout
in the proposed plan of subdivision and therefore the severance process should
not compromise the comprehensive development of the area.
Official Plan and Zoning
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 for this
designation shall generally not exceed 14.8 units per hectare (6 units per
acre), or as otherwise specified in the relevant Secondary Plan. The East Risebrough
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)”, but does not specify density requirements for the
Hagerman Corners neighbourhood. As
stated above, the proposed 16 units will result in a gross residential density
of 9.8 units per hectare (4 units per acres), which conforms to the policies of
the Official Plan.
The Secondary Plan provides that lot areas in the Hagerman Corners
neighbourhood shall be approximately 0.134 hectares (0.33 acres) to 0.21
hectares (0.52 acres) in size. As stated
earlier, the proposed lots sizes range from 0.057
hectares (0.14 acres) to 0.141 hectares (0.348 acres) and are considerably smaller than the lot sizes required by the
Secondary Plan (see table of lot size and frontage comparison in following section).
The lands are zoned Suburban Residential Third Density (Hold) [SUR3(H)] in By-law 193-81, as amended. The zone categories only permit single family
detached dwellings with minimum frontage of 30 metres (98.4 feet) and minimum
lot area of 0.13 hectares (0.32 acres).
A Zoning By-law Amendment is required to permit the proposed development
standards and to remove the hold provision on the subject lands. The Hold provision was intended to ensure a
comprehensive development plan for this neighbourhood on full municipal
services.
The necessary rezoning application has been submitted to accommodate the
proposed plan of subdivision and to remove the Hold provision. Two potential zoning by-laws will result from
this application. If the severance applications
noted above are successful the Hold provisions on the
three new lots can be removed by passing a Hold removal By-law which only
applies to those lots. Subsequently, if
the plan of subdivision is approved, another by-law can be passed to implement
the plan of subdivision, to rezone the three lots created through the severance
process for house keeping purposes, and to remove the Hold provision on the
balance of the subject lands.
The three lots to be severed as well as the retained parcels fronting
onto lee Avenue are initially being required to obtain minor variances for
reduced lot frontage and lot area. Conditions can then be put in place as part of
the variance process to ensure that the retained parcels will only be developed
through a plan of subdivision.
The acceptability of the proposed lot
sizes and frontages will be reviewed
The proposed lot frontages on Lee Avenue are generally consistent with the pattern of
development on Lee Avenue. However the proposed interior
lots on the new cul-de-sac are, in general, considerably smaller than both the
existing lots in the area and the minimum lot sizes required by the Secondary
Plan. Further, a comparison of the
proposed development with a recently submitted
subdivision application at the west end of Chiavatti Drive, shows that the proposed
lot frontages and lot sizes on the subject lands are generally smaller.
For comparison
purposes, the table below details the lot size requirement in the Secondary
Plan, the lot size and frontage ranges in the existing neighbourhood, lot size
and frontage of a recently submitted subdivision in the area as well as the
range of lot sizes and frontages within the proposed Plan.
|
Comparison of lot sizes and frontages
|
|
|
Lot Frontages
|
Lot Size
|
|
Secondary Plan
|
|
0.133 ha (0.33 ac) to 0.2 ha (0.5
ac)
|
|
Lee
Avenue*
|
22.6 m (74.2 ft) to 34.4 m (112.8
ft)
|
0.12 ha (0.3 ac) to 0.22 ha (0.54
ac)
|
|
Noble Street*
|
24.4 m (80 ft) to 32.3 m (106 ft)
|
0.14 ha (0.35 ac) to 0.19 ha
(0.47 ac)
|
|
Proposed Subdivision on Chiavatti Drive Extension (19TM-05001)
Lots on Chiavatti Drive
extension*
Lot on Lee Avenue
|
22.8 m (74.8 ft) to 28.5 m (93.5
ft)
22.61 m (74.2 ft)
|
0.063 ha (0.16 ac) to 0.109 ha
(0.27 ac)
0.199 ha (0.3 ac)
|
|
Subject Application
Interior lots on the new
cul-de-sac
Lots on Lee Avenue
|
14.7 m (48.2 ft) to 16.7 m (54.2 ft)
20.8 m (68.3 ft) to 26.7 m (87.6 ft)
|
0.057 ha (0.14 ac) to 0.126 ha (0.312 ac)
0.082 ha (0.202 ac) to 0.141 ha (0.348 ac)
|
*Ranges
exclude lots that are very large and not typical of lots in the area.
The issue of
compatibility with the existing residential lots in the area as well as compliance
with the Secondary Plan will have to be addressed.
Servicing
allocation is required
The proposed development does not have servicing
allocation. Sewer and water allocation
cannot be granted for any residential development until sufficient allocation
from the Region has been provided to the Town and appropriate policies are in
place to allocate to individual projects.
Stormwater management and drainage issues must be
resolved
The existing infrastructure along Lee Avenue was designed to accommodate large lots fronting onto Lee Avenue and may not have adequate depth or capacity to
service the proposed subdivision, particularly the rear lots. In addition, the rear portion of the
residential lots east of the subject properties fronting onto Noble Street have
an existing drainage pattern whereby stormwater from those properties flows in
a southeast direction through the subject lands and the abutting lands to the
east into an existing stormwater management pond located at the northeast
corner of Brimley Road and Lee Avenue. This existing overland drainage route
may be impacted by the proposal. Engineering
staff have requested that stormwater management and servicing studies be
submitted for review and approval prior to Council enacting any zoning by-law
amendment to accommodate the proposal.
POTENTIAL
BENEFITS OF APPROVAL OF THE PROPOSAL:
- The proposed development is an infill development which, together
with a recently submitted subdivision application at the west end of Chiavatti Drive, more or less completes the older
Hagerman Corners community.
CONCERNS/ISSUES TO BE RESOLVED:
The following
is a brief summary of concerns/issues raised to date. These matters, and any
others identified through the circulation and detailed review of the proposal,
will be addressed in a final staff report to be presented to Committee at a
later date.
- Stormwater management
and drainage issues must be resolved;
·
Servicing allocation is
currently not available;
·
Submission of a tree inventory
and preservation plan is required;
·
Appropriateness of proposed lot
sizes and frontages as they relate to existing lot sizes and frontages in the
area and the lot sizes contemplated in the Secondary Plan.
ENVIRONMENTAL CONSIDERATIONS:
Applicant is required to submit a tree inventory and
preservation plan to determine whether existing hedgerows in the area, or
portions of it, could be preserved.
FINANCIAL
CONSIDERATIONS:
There are no financial matters to be considered at this time.
BUSINESS UNITS
CONSULTED AND AFFECTED:
The applications have been circulated to various Town Departments and
external agencies and are currently under review.
It would be appropriate to hold a Public Meeting to obtain comments on
the applications for Zoning By-law amendments and Draft Plan of Subdivision.
|
|
|
|
|
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
|
FILE PATH: Q:\Development\Planning\APPL\SUBDIV\05
0130703 (Gonovski)\Preliminary Report.doc
ATTACHMENTS: Figure 1 – Location Map
Figure
2 – Area Context and Zoning
Figure
3 – Air Photo
Figure
4 – Draft Plan of Subdivision
Figure
5 – Proposed
AGENT: Tom Gunovski
1606090
Ontario Limited
78 Lee Avenue
Markham ON L3R 8G2
Tel:
416-729-1796
Figure
1
