REPORT DP-2012-067

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To: Mayor and Members of Council

From: Development Approval & Planning Policy Department

Meeting: 2012-07-10

Subject: Proposed Zoning By-law AmendmentsPart of Lots 20 and 21, Concession 1 E.H.S. (Chinguacousy)West Side of Old Kennedy Road, North of Waterville Way andPart of Lots 20 and 21, Concession 2 E.H.S. (Chinguacousy)East of Kennedy Road, North of Larson Peak Road Mayfield West, Ward 2, CaledonApplicant: J.H. Stevens Planning and Development Consultants for Moscorp IV Developments Inc., Moscorp VII Developments Inc. and Southfields lll Community Inc.FILE Nos: RZ 10-09, RZ 10-10 and RZ 11-05

RECOMMENDATIONS

That Report DP-2012-067 regarding Proposed Zoning By-law Amendments,Part of Lots 20 and 21, Concession 1 E.H.S. (Chinguacousy), West Side of Old Kennedy Road, North of Waterville Way and Part of Lots 20 and 21, Concession 2 E.H.S. (Chinguacousy), East of Kennedy Road, North of Larson Peak Road, Mayfield West, Ward 2, Caledon, Applicant: J.H. Stevens Planning and Development Consultants for Moscorp IV Developments Inc., Moscorp VII Developments Inc. and South Fields lll Community Inc., File Nos: RZ 10-09, RZ 10-10 and RZ 11-05 be received; and

That Council enact By-laws to rezone the subject lands from Agricultural - (A1), Environmental Policy Area 1 – (EPA1) and Environmental Policy Area 2 – (EPA2) to Mixed Density Residential – Exception 456 (RMD-456), Multiple Residential – Exception 458 (RM-458), Multiple Residential – Exception 458 – Holding 15 (RM-458-H15), Village Centre Commercial – Holding 15 (CCV-15), Institutional - (I), Open Space – Exception 519 (OS-519), Environmental Policy Area 1 – (EPA1) and Environmental Policy Area 1 – Exception 405 (EPA1-405) in accordance with the related, underlying draft approved plans of subdivision.

ORIGIN/BACKGROUND

Council recently recommended draft approval of three residential plans of subdivision in the South Fields neighbourhood of Mayfield West. These were South Fields Community lll Inc. (former A. Livingston property) on February 14, 2012, Moscorp IV Developments Inc. (former Knecht property) on April 24, 2012 and Moscorp VII Developments Inc. (former Russell property) on May 29, 2012.

Concurrent with recommending draft approval, Council also recommended that implementing zoning by-laws for the respective plans of subdivision be submitted toCouncil for approval at a later date. This report addresses the required implementing by-laws.

DISCUSSION

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GTA West Corridor Implications

All three subdivisions lie within the Preliminary Route Planning Study Area identified in the Environmental Assessment (EA) being conducted by the Ministry of Transportation (MTO) for the GTA West Corridor.

On June 25, 2012, the Town received a letter from MTO in which the Ministry requested that the Town defer any further planning approvals to the South Fields Community lll Inc. (former A. Livingston lands) plan including its rezoning until the Province, the Town and the Region are satisfied this subdivision would not negatively affect route planning for the GTA West Corridor and its connection to Highway 410. Rezoning Application RZ 11-05 applies to the South Fields Community lll Inc. subdivision.

In addition to the South Fields Community lll Inc. plan, the Ministry also requested that further planning approvals for the large Mayfield West Industrial Subdivision (NW corner of Mayfield Rd. and Dixie Rd.) also be deferred.

At a Council Workshop conducted on June 27, 2012, MTO staff provided a detailed update on the status of the GTA West EA study, identified Development Pressure Areas in Caledon including portions of the Mayfield West 1 Secondary Plan Area and estimated a timeframe of a further 3-5 years before final corridor route and Highway 410 link selection.

In a subsequent motion expressing serious concerns regarding the MTO’s study and its potentially devastating impact on Caledon’s development industry, Council resolved, among other matters, that Town of Caledon staff continue planning for the Mayfield West Community. The proposed zoning by-laws addressed in this report are consistent with Council’s directive.

Two zoning by-laws have been prepared and reviewed by Town staff. The locations of the respective zoning by-laws areas within Mayfield West are indicated on Schedule ‘A’.

Rezoning Application RZ 11-05 This application applies to the South Fields Community lll Inc. plan (former A. Livingston property) which is located on the east side of Kennedy Rd. on the easterly boundary of the current Mayfield West development. The South Fields Community lll Inc. by-law establishes the standard Mayfield West Mixed Density Residential zoning provisions for the neighbourhood residential areas of the subdivision. It also provides specific zoning for:

a small townhouse condominium block, and the stormwater management facility and environmental buffer blocks located at

the north boundary of the plan.

Rezoning Applications RZ 10-09 and RZ 10-10

The applications apply to the Moscorp IV plan (former Knecht property) and the Moscorp VII plan (former Russell property). These plans lie adjacent to each other on the west side of Old Kennedy Road and have been designed as an integrated unit. Accordingly, the zoning for the lands within these plans has been consolidated into one zoning by-

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law. These plans and the implementing zoning by-law include a portion of the Old Kennedy Road road allowance which is now available for future development having been replaced by the new Kennedy Road.

The Moscorp IV (Knecht) and Moscorp VII (Russell) by-law also incorporates the following provisions:

establishes suitably protective zoning for the valley land and environmental buffer blocks associated with the Etobicoke Creek;

the stormwater management pond including the community amenity area which can accommodate an outdoor ice rink and farmers’ market;

the public use block which is reserved for an elementary separate school site or a community park if not required for a school site;

the standard Mayfield West Mixed Density Residential zoning provisions for the neighbourhood residential portions of the subdivision and;

zoning for a multiple residential block located within the Village Centre portion of the plan.

The zone applying to the block within the Village Centre is subject to an “H” Holding provision which requires that, prior to the Town lifting the Hold, an urban design plan has been completed satisfactory to the Director of Development Approval & Planning Policy which describes how the required housing mix and the commercial area within the Village Centre are to be achieved in accordance with the policies of the Mayfield West 1 Secondary Plan (OPA 208) and the Mayfield West Community Design Plan.

It should also be noted that the zoning bylaws provide for an amendment to the definition of “Lot” contained in the Town’s Comprehensive Zoning By-law. This is necessary to address a technical problem being encountered by staff in the issuance of building permits in cases where “whole lots” located within one registered plan of subdivision are combined with other “whole lots” in an abutting registered plan to form a complete lot. The current “Lot” definition was hindering the issuance of building permits in these situations.

FINANCIAL IMPLICATIONS

The subject lands are comprised of four (4) separately assessed properties with a combined MVA of $14,178,000. The Town’s share of taxes levied, based on the market value assessment for these properties is approximately $45,672.

If the development were to proceed as proposed the tax class and the taxableassessment value of the property would change to reflect the change in usage and thedevelopment that occurs.

Any future development would be subject to Town of Caledon development charges asper By-law No. 2009-090, currently $19,259.30/unit residential, as well as otherpayments and credits provided for in development agreements that are currently inplace, such as the Development Charges Credit Agreement and the Master FinancialAgreement.

This development would also be subject to Region of Peel development charges,currently (as at July 4, 2012) $17,338.99/unit residential; and $471.02/unit for GOTransit. The Education development charges is currently $1,759.00/unit. All of thedevelopment charges are payable prior to issuance of a building permit. Please note

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that the Region and GO Transit DC are currently under review.

LEGAL IMPLICATIONS General Nature of the Planning Act

Section 34 of the Planning Act and Ontario Regulation 545/06 set out the requirements to be followed with respect to zoning by-laws.

Prior to the enactment of the zoning by-law amendment, Council shall ensure that a public meeting has been held. Notice of the public meeting is placed in the local newspaper and given to every owner of land within 120 metres of the subject lands and by posting a notice on the subject lands. All of these requirements have been met with regard to the proposed amendments.

If Council approves the applications to amend the zoning by-law, the Town shall, within 15 days of Council’s enactment of the zoning by-law amendments, provide notice of the rezoning to every owner of land within 120 metres of the subject lands. The applicant or anyone who made submissions at the public meeting or to Council may appeal the Council’s enactment of the by-law to the Ontario Municipal Board, no later than 20 days after the day the notice is given.

Definition of Lot

The definition of lot in the Town’s Zoning By-law refers to a conveyable lot. Two or more adjoining whole lots within a registered plan of subdivision (or adjoining plans of subdivision) do not merge under the Planning Act. For zoning purposes, the lots are separately conveyable lots and the zoning requirements would therefore apply to each whole lots separately. As a result, at the building permit stage, two adjoining whole lots that are to physically become one lot do not meet zoning requirements. Therefore, it was necessary to revise the definition of lot in the Town’s Zoning By-law so that two whole lots on a registered plan of subdivision (or adjoining plans of subdivision) which will join to become one lot will comply with zoning requirements.

Notice to the Ministry of Transportation

The Ministry of Transportation has requested that it be notified of complete applications dealing with zoning by-law amendments in the entire Mayfield West Area. As these lands are within the Mayfield West Area, the Town has provided notification to the Ministry of Transportation in accordance with the Planning Act.

NEXT STEPS

1. Administration staff will provide Notice of Council’s decisions in accordance with the requirements of the Planning Act.

2. Administration staff will monitor for any appeals that may be received during the following twenty day appeal period.

3. Administration staff will issue affidavits as appropriate, provided no appeals have been received.

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COMMUNITY BASED STRATEGIC PLAN

Strategic Objective 2B: Provide Opportunities to Develop Affordable HousingStrategic Objective 2D: Manage Growth and Use Land WiselyStrategic Objective 2E: Provide a High Quality Public RealmStrategic Objective 2F: Connect Neighbourhoods

POLICIES/LEGISLATION

The Planning Act R.S.O. 1990, as amendedRegion of Peel Official PlanTown of Caledon Official PlanTown of Caledon Official Plan Amendment 208 (Mayfield West Secondary Plan)Comprehensive Zoning By-law 2006-50, as amendedMayfield West Community Design PlanMayfield West Architectural Design Guidelines

CONSULTATIONS

The proposed zoning by-law amendments were circulated to external agencies and internal departments for review and comment in conjunction with the underlying plans of subdivision recently recommended for draft approval by Council. No objections were received. Minor modifications have been made to the draft by-laws originally submitted to reflect comments received.

A formal Public Meeting was held on the Knecht and Russell subdivision and rezoning applications (RZ 10-09 and RZ 10-10) on October 6, 2010 in accordance with the provisions of the Planning Act. A Public Information Meeting was held on the Livingston subdivision and rezoning application (RZ 11-05) on September 21, 2011.

Public and internal and external review comments concentrated primarily on the subdivision applications associated with the proposed zoning by-law amendments. Detailed comments were provided in the staff reports recently submitted to Council recommending draft approval of the respective subdivision applications.

ATTACHMENTS

Schedule ‘A’ – Location Map

CONCLUSION

The Development Approval & Planning Policy Department has reviewed the proposedzoning by-laws and supporting documentation. The applications have been circulatedto all appropriate internal departments and external agencies for review and comment and their recommendations have been considered in the staff review. Formal Public Meetings have been held in accordance with the requirements of the Planning Act and the comments presented have been taken into consideration. The proposed by-laws have been reviewed by the applicant and no objections have been received.

It is the opinion of planning staff that the proposed zoning by-laws conform to the Town

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of Caledon Official Plan and Official Plan Amendment 208 for the Mayfield West Secondary Plan Area and appropriately implement the South Fields Community lll Inc. (former A. Livingston property), the Moscorp IV Developments Inc. (former Knechtproperty) and the Moscorp VII Developments Inc. (former Russell property) draft approved plans of subdivision.

In accordance with Council’s directive that Town staff continue planning for the Mayfield West Community, Planning staff recommends that the proposed zoning by-law amendments be approved.

Prepared by: Eric Conley

Approver (L1): Casey Blakely

Approver (L2): Mary Hall

Approver (L3): Douglas Barnes

Approver (L4):

Approver (L5):

Proposed Zoning By-law Amendment Applications

RZ 10-09, RZ 10-10, & RZ 11-05

Moscorp IV Developments Inc (Knecht), Moscorp VII Developments Inc

(Russell), & South Fields Community Inc Phase 1B (Livingston)

Date: June 22, 2012

File No.: RZ 10-09, RZ 10-10 & RZ 11-05

Pt. Lot 20 & Lot 21, Conc. 1 EHS and Pt. Lot 20 & Lot 21, Conc. 2 EHS Town of Caledon Region of Peel

LOCATION MAP

Subject Properties

Subject Property

RZ 11-05

(Livingston)

RZ 10-09 (Knecht)

RZ 10-10 (Russell)

Schedule 'A' to Development Approval & Planning Policy Report DP-2012-067 Page 1 of 1