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HomeMy WebLinkAboutPSD-028-17Planning Services If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102 Report To: Planning and Development Committee Date of Meeting: April 24, 2017 Report Number: PSD-028-17 File Number: ZBA 2016-0022 Resolution: PD-082-17 By-law Number: 2017-042 Report Subject: Application by Averton Homes (Bowmanville) Limited to permit increased porch and building heights on lots in Draft Approved Plan of Subdivision 18T-95030, Mearns Avenue in Bowmanville Recommendations: 1.That Report PSD-028-17 be received; 2.That the application for an amendment to Zoning By-law 84-63, submitted by Averton Homes (Bowmanville) Limited to permit increased porch heights to 1.2 metres for dwellings within Phase 1 of Draft Approved Plan of Subdivision 18T-95030 be approved as contained in Attachment 1 to Report PSD-028-17; and 3.That all interested parties listed in Report PSD-028-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-028-17 Page 2 Report Overview The Draft Approved Plan of Subdivision 18T- 95030, situated north of Concession Street East and west of Mearns Avenue in Bowmanville, is being developed by Averton Homes. The Zoning By-Law for the Averton Plan of Subdivision limits porch heights to 1.0 metres above finished grade to provide for appropriate human scale transition from the sidewalk to the front entrance. The grades in the Averton subdivision have made this difficult to achieve in many instances. It is recommended that maximum porch height be increased by 0.2 metres (approximately 8 inches). The developer has worked with staff such that the original request for increases in building height is no longer necessary. 1. Application Details 1.1 Owner: Averton Homes (Bowmanville) Limited 1.2 Original Proposal Amendment to the Zoning By-law i) To increase the porch height greater than 1 metre for 70 units; ii) To increase the building height of 12 single detached dwellings greater than 11 metres; and iii) To increase the height of one bungaloft greater than 8.5 metres. 1.3 Revised Proposal: Amendment to the Zoning By-law i) To increase the porch heights from 1.0 metre to 1.2 metres for all dwellings south of Elephant Hill Drive extension in Phase 1. 1.4 Area: 9.33 hectares 1.5 Location: West side of Mearns Avenue, 600 metres north of Concession Street and south of the Canadian Pacific Railway, being Part Lot 9, Concession 2, former Town of Bowmanville (See Figure 1). 1.6 Within Built Boundary: Yes 1.7 Assessment Roll Number: 1817-020-060-10805 Municipality of Clarington Report PSD-028-17 Page 3 Figure 1: Phases 1 and 2 in Draft Approved Plan of Subdivision 18T- 95030 Municipality of Clarington Report PSD-028-17 Page 4 2. Background 2.1 In 2014, Averton acquired Draft Approved Plan of Subdivision 18T-95030. At that time, under delegated authority, the Director of Planning Services amended the draft plan to include an alternate access to Mearns Avenue, which changed some of the lots and blocks and placed the lands north of the future extension of Elephant Hill Drive in a future development block. The conditions were amended to reflect current policies and guidelines. 2.2 In 2015, Averton applied for an amendment to draft approval and rezoning to change some of the lot sizes and to rezone the lands to increase lot coverage and reduce setbacks consistent with current development standards. Concurrently, the applicant also submitted engineering drawings to the Engineering Services Department for review. Upon the initial review, it became apparent that the site grades would be challenging. The draft plan was further amended by removing a road connection between Elephant Hill Drive and Lyle Drive, which had steep road grades, in favour of a landscaped walkway connection. Another component of the rezoning application requested an increase in porch height from 1 metre to 1.6 metres and an increase in building height from 10.5 metres to 11 metres lots for all in Phase 1 of the draft plan. This was due in part, to the difficult site grades and the fact that the height of a building is measured from the lowest finished grade at the base of a dwelling. 2.3 In Recommendation Report PSD-022-16, Staff were not supportive of a blanket rezoning to increase porch heights for all units. Staff believe, porches that are setback 2.0 metres from the sidewalk with a deck height of 1.6 metres (5.3 feet) high can present an overbearing presence to passing pedestrians. Staff recommended that the applicant apply for a minor variance application for a specific lot where the zoning by-law could not be met. Staff supported an increase in building height from 10.5 metres to 11.0 metres for all lots in Phase 1. 2.4 The applicant has undertaken a detailed review of porch and dwelling heights within the development including preparing house sitings for all the lots in Phase 1 only. The same exercise has not been prepared for Phase 2 lands as of yet. Approximately 70 lots exceeded the 1.0 metre porch height and 12 lots exceeded the 11.0 metre building height. Due to the significant number of lots effected, application for minor variance for each lot did not seem practical, economical or supportable. Instead, applying for a re- zoning is a more feasible approach. Figure 2 identifies the lots and blocks that exceeded the zoning by-law requirements. Municipality of Clarington Report PSD-028-17 Page 5 Figure 2: Lots and blocks requiring increase porch and building heights 2.5 The engineering review is complete, the applicant has entered into a subdivision agreement and final registration of Phase 1 occurred on April 13, 2017. Installation of services is underway, house construction is intended to commence in the coming weeks. Municipality of Clarington Report PSD-028-17 Page 6 3. Land Characteristics and Surrounding Uses 3.1 The lands are at a higher elevation at the north-west and abutting the railway then slope downward to the south-east corner. The site has been graded. Figure 3: View to the north-west from Ireland Street 3.2 The surrounding uses are as follows: North - Canadian Pacific Railway and beyond urban residential South - Urban residential East - Urban residential West - Urban residential 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. Some relevant policies are: • New development shall occur adjacent to built-up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. Municipality of Clarington Report PSD-028-17 Page 7 • New housing is to be directed to locations where infrastructure and public services are or will be available. • A full range and mix of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. • Infrastructure and public services facilities shall be provided in a coordinated and efficient and cost effective manner. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville Urban Area. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. In particular: • Growth is to be accommodated in transit-supportive communities to reduce dependence on the automobile through the development of mixed use, pedestrian- friendly environments. • Growth shall also be directed to areas that offer municipal water and wastewater systems. • Municipalities should establish an urban open space system within the built up areas. • Municipalities must accommodate residential development within the built up area. 4.3 The proposed development has an array of housing types. Municipal water and sanitary sewers are available to the site. Transit routes are located on Apple Blossom Boulevard and Mearns Avenue. A neighbourhood park is located on the north side of Elephant Hill Drive in the existing neighbourhood. A public elementary school and commercial centre are located on Mearns Avenue. The development allows for the efficient use of land, infrastructure and public services. The subject applications are consistent with the Provincial Policy Statement and the Growth Plan. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands as Living Area. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development is permitted within the Living Area designation. Municipality of Clarington Report PSD-028-17 Page 8 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Urban Residential, with a Medium Density Symbol at the north east corner of Elephant Hill Drive and Mearns Avenue. The lands are within the Apple Blossom Neighbourhood, which has a population allocation of 4750 and a housing target of 1650, including 225 medium density units and 125 units for intensification. The Low Density designation allows a density of 10 to 30 units per net hectare and predominant form of housing are single and semi-detached units. The Medium Density designation allows for density of 31 to 60 units per hectare while the predominant form of housing are townhouses, quadraplexes and triplexes or low rise apartments. Elephant Hill Drive is a local road with a road width of 18 to 20 metres and designed on the basis of a grid street system which may be modified where there are physical constraints. Mearns Avenue is a Type C Arterial with a road width of 26 to 30 metres and will accommodate greater volumes of traffic. 5.3 Clarington Official Plan as amended by Amendment 107 On November 1st, 2016, Council adopted Official Plan Amendment 107 which brought the Clarington Official Plan into conformity with the Regional Official Plan and provincial policies. The subject site remains designated Urban Residential. Mearns Avenue remains a Type C Arterial Road. All applicable policies remain. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands “Holding-Urban Residential Exception ((H)R2-84), and “Holding-Urban Residential Exception ((H)R3-49). Said zones permit dwellings with a height of 11.0 metres, but limit the deck or top of a front porch to 1.0 metre. A Zoning By-law amendment is required to implement the proposed changes. 7. Public Meeting and Submissions The Public Notice of this meeting was given by mail to landowners within 120 metres of the subject site. Public Notice signs were also installed on the property frontage along Mearns Avenue, Elephant Hill Drive and Ireland Street. In a telephone conversation, a resident on the north side of Ireland Street expressed concerns with the grades of the site. The individual stated that the grade of Lyle Drive seemed too high relative to existing homes on Ireland Street. Two other inquiries were general in nature. Municipality of Clarington Report PSD-028-17 Page 9 8. Agency Comments Region of Durham Planning and Economic Development Department has no objection to the proposal as all matters concerning the Region of Durham Official Plan, Provincial Plan interest and delegated provincial review responsibilities have been addressed through the related subdivision application (18T-95030). 9. Departmental Comments Engineering Services Engineering Staff have reviewed the above-noted application and have no objection in principle to this proposal. All residential lots affected by this zoning change will be subject to standard review and approval of lot grading prior to the issuance of a building permit. All house siting/grading plans submitted in support of any building permit application must meet the intent and the integrity of the Master Grading Plan. 10. Discussion 10.1 The Engineering Services Department has worked with the applicant’s engineering consultant on many aspects including reducing the adverse grade conditions. Despite this however, there are some areas on the site that were difficult to meet the zoning by-law regulations with respect to porch and building heights for some but not all the lots. 10.2 Porch Heights The zoning by-law permits a maximum porch height of 1.0 metre above the finished grade. This limitation is to provide an appropriate relationship between the dwelling including the main entrance and garage (the private realm) and the municipal street including sidewalk (the public realm). Maintaining a maximum porch height of 1 metre tries to ensure the front entrance is not overly elevated and the number of stairs are reduced. The applicant’s architect and consulting engineering reviewed each lot siting and by adjusting the grades around the porch, including some retaining walls or by modifying the dwelling by incorporating some risers inside the dwelling, (i.e. sunken foyer) have advised that a maximum height of 1.2 metres for porch on all lots in Phase 1 can be achieved. In consideration of the difficult grades associated with this infill development, staff can support a maximum deck height for all porches in Phase 1 of 1.2 metres. 10.3 Building Heights Building height is measured from the lowest grade and to the mid-point between the eaves and peak of the roof. In the R2-84 zone, the maximum height for single detached dwelling was increased in the previous zoning by-law amendment from 10.5 metres to 11 metres and to 8.5 for bungaloft. Originally the applicant had advised that 12 single detached dwellings and one bungaloft did not meet the maximum building height. Municipality of Clarington Report PSD-028-17 Page 10 Working with the architect, the applicant has advised that by adjusting the roof pitches, and some lot grading, all units now comply with the 11.0 metre height for single detached dwelling and 8.5 height metre for the bungaloft. 10.4 This development has numerous adverse grade conditions which have made it difficult to achieve Clarington engineering design standards and zoning standards. Staff have worked with applicant and agreed to increase the porch height to 1.2 metres or one additional riser. The applicant modified the roof pitches to comply with zoning height requirements. This compromise will still maintain a desirable streetscape and principles of architectural design in consideration of the overall design challenges. 11. Concurrence Not Applicable Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the proposed zoning by-law be approved. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Municipality of Clarington Report PSD-028-17 Page 11 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: Cynthia Strike, Principal, Planner, 905-623-3379 ext. 2410 or cstrike@clarington.net Attachment: Attachment 1 – Zoning By-Law The following is a list of the interested parties to be notified of Council’s decision: Brad and Lindsay Wright Vince Baffa Justin Malfara Anthony Biglieri Lawrence Wesson Garrett and Amber Dawn Duncan Carlene Robinson Shawn Mclean Craig Gulas M.Tomei CS/CP/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0022 300 Averton -Mearns Avenue\Staff Report\PSD-028-17\PSD-028-17 Staff Report.docx Municipality of Clarington Attachment 1 to Report PSD-028-17 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2017-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2016-0022; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law. 2. Urban Residential Type 2 Exception R2-84 Zone Subsection 13.4.84 f) is hereby amended by replacing “1.0 metre” with “1.2 metres” such that subsection f) is as follows: “f. Height of floor deck of unenclosed porch above 1.2 metres” finished grade (maximum) 3. Urban Residential Type 3 Exception R3-49 Zone, Subsection 14.6.49 f) is hereby amended by replacing “1.0 metre” with “1.2 metres” such that subsection f) as follows: “f. Height of floor deck of unenclosed porch above 1.2 metres” finished grade (maximum) 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2017 ____________________________ Adrian Foster, Mayor ____________________________ C. Anne Greentree, Municipal Clerk