RECOMMENDATION
THAT a Public Meeting be held to
consider the Town initiated Official Plan amendment (OP.02-11094) to add site
specific development policies to the Official Plan for a 23.44 hectares (57.91 acres) irregular shaped parcel of land located on the
west side of Warden Avenue, south of Bernadotte and Willow Creeks Drives.
PURPOSE
This
report provides background information about a proposed Town initiated
amendment to the Official Plan. The
amendment would incorporate site specific development principles, which
correspond to the Ontario Municipal Board’s (OMB) June 7, 2002 decision, into
the Town’s Official Plan. (A copy of
the June 7, 2002 OMB decision is attached, see Appendix ‘A’.) An amendment to the Official Plan would
clarify Council’s intent that the land only be developed in a manner that is
compatible with the existing neighbourhood to the north. The report concludes that a Public Meeting
should be held to obtain public input on the proposed amendment.
BACKGROUND
Location and Property
The vacant parcel of land is located west of Warden
Avenue, south of Willow Creek Drive and Bernadotte Drive.
It has an area of approximately 23.44 hectares (57.91 acres). (See Figure 2.)
Previous
approvals given in 1984 and 1995
The
lands were originally draft approved for development by the Region on March 26,
1984. This plan was comprised of 18
residential lots on private services, and a future development block adjoining
Warden Avenue. Draft Approval was
extended a number of times until 1995.
In 1995 the plan was revised and Draft Approval was given for 20 large
lots on urban services. This Draft Approval lapsed. However, the Official Plan policies and
zoning by-law permitting the 20 residential lots remained in effect.
The Owner appealed Council’s April 2001 refusal
of the subdivision and zoning applications to the Ontario Municipal Board
In August of 2000
Sixteenth-Warden Limited applied for approval of a draft plan of subdivision
and a rezoning in order to develop the site with 53 detached dwellings. A Public Meeting was held on April 17, 2001
and Development Services Committee recommended to Council that the applications
for Plan of Subdivision and Zoning By-law amendment be denied. At its April 24, 2001 meeting Council
adopted these recommendations without a staff report. The owner appealed Council’s decision to the OMB and submitted a
44-lot subdivision proposal for consideration.
(The 44-lot draft plan of subdivision presented to the OMB is shown in
Figure 4.)
The OMB June 7, 2002 decision allowed
development, subject to the plans being amended to reduce the number of lots
The OMB hearing began in January 2002 and concluded
in April 2002. Approximately 11 hearing
days were required. On June 7, 2002 the
OMB released its decision. (See
Appendix ‘A’) The decision did not
approve a zoning by-law amendment nor did it grant draft plan approval, at that
time. (The OMB did ultimately approve a
revised draft plan and a zoning by-law.)
The June 7, 2002 decision did establish some development principles for
the property, that would satisfy the OMB.
These included:
·
requiring
the lots along the south and east area of the plan to have a minimum frontage
of 80 feet (see Figure 5); and
·
requiring
minimum side yard setbacks of 10 feet throughout the plan.
The lots along the north limit of the plan
could remain as proposed by the applicant, as the OMB accepted the evidence of
the property owner’s planner that they were following the pattern of
development set by previous approvals, that these lots are compatible with the
existing Cachet Estates development and that there would be no conflict between
the homes on the north limit of the plan and the homes in the Cachet Estates
development. These lots will have
minimum lot frontages of 30 metres (98 feet) and minimum lot areas of 2,000 m2
(21,528.5 square feet).
The OMB gave Sixteenth-Warden Limited 150 days
(comprised of 90 days plus a 60 day extension) to submit revised documents that
conformed to the principles mentioned above.
The revised documents were submitted and on November 22, 2002 the formal
order with respect to the Board’s decision was issued. This order approved a zoning by-law and a
36-lot draft plan (see Figure 5), subject to conditions. (A
copy of the November 22, 2002 OMB order is attached, see Appendix ‘B’.)
The OMB amended the conditions of draft plan
approval
At its December 4, 2001 meeting Development
Services Committee requested that conditions of draft approval be prepared
prior to the upcoming OMB hearing. The
OMB decision required these conditions, as recommended to Development Services
Committee in a January 22, 2002 report, be amended. These minor amendments to the draft conditions are summarized on
page 17 and 18 of the June 7, 2002 OMB decision. (Appendix ‘A’) The
conditions of Draft Approval, as approved by the OMB, are included as
Attachment “3” of Appendix ‘B’ to this report.
Existing Official
Plan policies
The property is located within the Devil’s Elbow
Planning District. This Planning
District comprises the rural residential community of Devil’s Elbow which is
substantially developed. In February of
1995 Council passed a by-law adopting Official Plan Amendment No. 13. This Official Plan amendment re-designated
the tableland portion of the property from Rural Residential to Urban
Residential and Open Space. The
amendment also incorporated the lands into the Urban Service Area to allow the
20-lot proposed plan of subdivision, proposed at the time, to be developed on
full municipal services. This amendment
also provided for environmental buffer blocks (adjacent to the valleylands) and
an existing woodlot to be conveyed to the Town whereas there was no buffer or
park (woodlot) block provided in the previously approved plan.
DISCUSSION
Proposed amendment
to the Official Plan
The
proposed amendment (see Appendix ‘C’) would incorporate development
provisions, which correspond to the Ontario Municipal Board’s (OMB) June 7,
2002 decision, into the Official Plan.
The provisions proposed would allow the area along the north limit of
the plan, to be developed in accordance with the applicant’s proposal; require
the lots along the south and east area of the plan to have a minimum frontage
of 80 feet (see Figure 5); and require 10-foot minimum side yard setbacks
throughout the entire subdivision.
Benefits of the
passing of an Official Plan amendment
The attached Official Plan
amendment would refine the policies in the Official Plan and clarify the Town’s
intent about the development of this property by providing a more explicit policy basis for
evaluating any proposed revisions to this draft plan or any new development
proposal should a future owner propose revisions to this draft plan or submit a
new proposal for consideration by the Town.
It would ensure that the
lots along the north limit of the plan continue to follow the pattern of
development of the lands to the north and that the balance of the site is
developed in a manner compatible with the Cachet Estate Development.
FINANCIAL
CONSIDERATIONS
None
BUSINESS UNITS
CONSULTED AND AFFECTED
The proposal will be circulated to other Town
Departments and public agencies after Council adopts staff’s recommendation to
hold a Public Meeting.
CONCLUSION
A Public Meeting
is required before Council can pass an amendment to incorporate specific
policies into the Official Plan. It
would be appropriate to hold a Public Meeting to consider the proposed Official
Plan amendment. A staff report on the recommended amendment to
the Official Plan would be brought forward following the Public Meeting, if
necessary.
ATTACHMENTS
Figure 1 - Location Map
Figure 2 - Area Context and
Zoning
Figure
3 - Aerial Photo
Figure 4
- The 44-lot subdivision proposed by the owner
Figure
5 - The 36-lot subdivision draft approved by the OMB
Appendix
‘A’ – June 7, 2002 OMB decision
Appendix
‘B’ – November 22, 2002 OMB order
Appendix
‘C’ – Proposed Official Plan Amendment
|
|
|
|
|
Val
Shuttleworth, MCIP, RPP
Director of
Planning and Urban design
|
|
Jim Baird,
MCIP, RPP
Commissioner of
Development Services
|
DOCUMENT # Q:\Development\Planning\APPL\OPAPPS\02110942
cachet enclave\report to call a public meeting.doc
OWNER
CONTACT Nik Mracic
Metrus
Developments
1700
Langstaff Road, Suite 2003
Concord,
Ontario
L4K
3S3
Fax:
(905) 669 - 2134
Figure 1 -
LOCATION MAP
