Report to: Development Services Committee Report Date: February 22, 2011

SUBJECT: PRELIMINARY REPORT

Brutto Consulting

Secondary Plan and Zoning By-law amendment applications to facilitate severances at 39 Carolwood Crescent and 65 & 69 Chatelaine Drive.

File Nos: OP 10 123245, ZA 10 123246 & ZA 10 130075

PREPARED BY: Stacia Muradali, ext. 2008

Senior Planner, East District

RECOMMENDATION:

1) That the report titled “PRELIMINARY REPORT, Brutto Consulting, Secondary Plan and Zoning By-law amendment applications to facilitate severances at 39 Carolwood Crescent and 65 & 69 Chatelaine Drive, File Nos: OP 10 123245, ZA 10 123246 & ZA 10 130075,” dated February 22, 2011 be received;

2) That a Public Meeting be held to consider the applications submitted by Brutto Consulting for Secondary Plan and Zoning By-law Amendments to facilitate severances at 39 Carolwood Crescent and 65 & 69 Chatelaine Drive;

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 provide preliminary information on the Secondary Plan and Zoning amendment applications submitted for 39 Carolwood Crescent and 65 & 69 Chatelaine Drive (the “subject properties”), and to seek authorization to hold a statutory Public Meeting. This report contains general information in regards to applicable OP or other policies as well as background and issues and the report should not be taken as Staff’s opinion or recommendation on the applications.

The applications have been deemed complete

The Secondary Plan and Zoning By-law amendment applications were submitted by Brutto Consulting on behalf of the property owners of 39 Carolwood Crescent and 65 & 69 Chatelaine Drive and were deemed complete on November 15, 2010.

BACKGROUND:

Subject properties and area context

The subject properties are located south of Highway 407, east of Markham Road, north of 14^th Avenue, within a large lot “estate” development. 39 Carolwood Crescent is a corner lot as well as an end lot on Carolwood Crescent. Vacant land owned by the province and Highway 407 are located to the north of this property. A single family dwelling is located on the southerly portion of this property which also contains mature vegetation. Both 65 and 69 Chatelaine Drive are both vacant without mature vegetation and abut smaller lot, low density residential development to the west (Figure 3).

An enclave of large lots on Carolwood Crescent, Palatin Court and the east side of Chatelaine Drive north of Promelia Court, is generally referred to as Rouge River Estates. The Rouge River is located just to the east of this enclave. The large lots within this enclave were created through a plan of subdivision in 1960, and have lot areas generally in the range of 0.4 hectares (1 acre) to 0.486 hectares (1.2 acres). Lot frontages within this enclave generally range from 30.48 metres (100 feet) to 68.6 metres (225 feet). Some lots have frontages and areas which are either smaller or larger than the general range indicated. This enclave is characterized by large lots, mature trees and vegetation, generous setbacks and various types of built form. This enclave is not connected to municipal services.

A number of subdivisions consisting of smaller, more typical lots have developed around the Rouge River Estates to the south and east. These subdivisions were created in 1994 and 1995. Lot frontages in these subdivisions generally range from 12 metres (40 feet) to 18.2 metres (60 feet), and lot areas generally ranging from 0.04 hectares (0.1 acre) to 0.06 hectares (0.15 acres).

As part of the more recent subdivisions developed in the mid 1990s, large lots with frontages generally ranging from 53.34 metres (175 feet) to 61 metres (200 feet) and lot areas of approximately 0.3 hectares (0.75 acres), were created along the north side of Promelia Court and the west side of Chatelaine Drive, north of Promelia Court. These large lots were created to ensure complementary development to the Rouge River Estates enclave and to provide a buffer from the surrounding subdivisions which were developing to the south and east. Both 65 and 69 Chatelaine Drive are part of these lots created as a buffer transition zone. These lots are also connected to municipal services.

Proposed amendments to the Official Plan and Zoning By-laws to facilitate severances of the subject properties

The applicant is proposing to amend the Secondary Plan and Zoning By-laws to reduce the required lot areas and lot frontages, to facilitate future severances of each of the subject properties into two (2) lots each. Below is a Table summarizing the proposed amendments. Municipal services are available on Chatelaine Drive to service the proposed new lots.

TABLE 1: PROPOSED AMENDMENTS

Official Plan and Zoning

The subject properties are designated “Urban Residential” in the Town’s Official Plan. The subject properties are also located within the Rouge North Secondary Plan (OPA 81) (the “Secondary Plan”) area. 39 Carolwood Crescent is designated “Special Development Policy Area 1” in the Secondary Plan, which states that the “minimum lot area shall be 0.4 ha (1.0 acre)”. 65 and 69 Chatelaine Drive are designated “Special Development Policy Area 2” and relevant policies state that “ new lots abutting the existing lots in Special Development Policy Area 1 and new lots on the west side of Chatelaine Drive facing the aforementioned existing and abutting lots shall have a minimum lot area of 0.3 ha (0.75 acre)”.

The Secondary Plan which was adopted in 1988, provides policy provisions to protect the Chatelaine Drive area as a distinct residential enclave, and to ensure that new residential development adjoining this area is compatible in character”.

39 Carolwood Crescent is zoned “Rural Residential Estate (RRE)” in zoning by-law 304-87, as amended. The RRE zone requires a minimum lot frontage of 36.5 m (120 ft) and a minimum lot area of 0.4 ha (1.0 acre). 65 and 69 Chatelaine Drive are zoned “Suburban Residential First Density (SUR1)” in zoning by-law 90-81, as amended. The SUR1 zone requires a minimum lot frontage of 50 m (164 ft) and a minimum lot area of 0.3 ha (0.75 acre). Each zoning by-law also specifies development standards which apply to the subject properties.

Previous applications were submitted to facilitate severances at 39 Carolwood Crescent

In 1995, the landowners of 39 Carolwood Crescent submitted Official Plan amendment and rezoning applications to facilitate a severance on their property. The proposed severance would have resulted in the creation of two (2), 0.2 ha (0.49 acre) lots with a 30.48 m (100 ft) frontage on Chatelaine Drive. Town staff, in a report dated April 2, 1996 did not support the applications for the following reasons:

Town policies provided for preserving the character of the Rouge River subdivision and the proposal did not conform with those policies.
The proposal would disturb the existing pattern of development and set a precedent for the approval of similar applications.

Council denied the official plan and rezoning applications.

A severance application (submitted in 1995) and two (2) minor variance applications (submitted in 1996) to sever 39 Carolwood Crescent and reduce the minimum lot area requirements from 0.4 ha to 0.2 ha and the minimum lot frontage requirements from 36.5m to 27m were submitted by the landowners of 39 Carolwood Crescent. The applications were denied by the Committee of Adjustment based on the aforementioned staff report and Council decision. The landowners appealed the Committee of Adjustment decisions to the Ontario Municipal Board (OMB). The OMB denied the appeals.

Community information meeting held on January 7, 2011

A community information meeting was held on January 7, 2011. There were approximately 60-70 neighbouring residents in attendance. The landowners’ consultant, Brutto Consulting, gave a presentation on the applications, character of the community, and addressed residents’ concerns about the impact of the applications on the neighbourhood and the potential for the applications to set precedents if approved. Some of the comments raised by the residents at the community information meeting include, but are not limited to the following:

If the applications are approved, the community and character would no longer be harmonized and would change.
The applications if approved, would cause a “cascade effect” and set a precedent for other severances in the neighbourhood.
The proposed new house (specifically at 39 Carolwood Crescent) would directly impact the abutting neighbours’ backyard, privacy and property value.
The residents paid a premium for the large lots and moved into the neighbourhood because of its large lots and mature trees.

OPTIONS/ DISCUSSION:

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 if necessary, in a final staff report to Committee.

Staff are reviewing the planning justification report prepared by Brutto Consulting and submitted with the applications.
Staff are analyzing the potential impact of the proposed applications on the neigbouring properties, Rouge River Estates and surrounding area.
Staff are undertaking a policy analysis to address conformity of the proposed applications with relevant planning policies.

______________________________ _______________________________

Biju Karumanchery, M.C.I.P.,R.P.P. David Miller, M.C.I.P.,R.P.P.

Senior Development Manager Development Manager, East District

ATTACHMENTS:

Figure 1: Location Map

Figure 2: Area Context/ Zoning

Figure 3: Aerial Photo

Figure 4: Proposed Severances

AGENT/ CONTACT INFORMATION:

Matthew King

Planner

999A Edgeley Boulevard

Unit 6

Vaughan, ON, L4K 5Z4

Tel: 905-851-1201 ext. 225

Fax: 905-761-9890

Email: mking@bruttoconsulting.ca

File path: Amanda\File 10 123245\Documents\Recommendation Report

Property	39 Carolwood Crescent	65 Chatelaine Drive	69 Chatelaine Drive
Existing Lot Frontage	60 m (197 ft) on Chatelaine Drive	59 m (193 ft)	60 m (197 ft)
Proposed Lot Frontage	27.46 m (90 ft) on Chatelaine Drive	29.45m (96.6ft)	30 m (98 ft)
Lot Frontage Required in By-law	36.5 m (120 ft)	50 m (164 ft)	50 m (164 ft)
Existing Lot Area	0.4 ha (1 acre)	0.3 ha (0.75 acre)	0.3 ha (0.75 acre)
Proposed Lot Area	0.2 ha (0.5 acre)	0.15 ha (0.375 acre)	0.15 ha (0.375 acre)
Lot Area Required in Secondary Plan and By-law	0.4 ha (1 acre)	0.3 ha (0.75 acre)	0.3 ha (0.75 acre)

PURPOSE:

BACKGROUND:

OPTIONS/ DISCUSSION:

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

HUMAN RESOURCES CONSIDERATIONS

ALIGNMENT WITH STRATEGIC PRIORITIES:

BUSINESS UNITS CONSULTED AND AFFECTED:

ATTACHMENTS: