HomeMy WebLinkAboutPSD-070-06
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, June 5, 2006
Report #:File No’s:By-law #:
PSD-070-06 COPA 2004-001, ZBA 2004-006
X-reference 18T-88046
Subject: APPLICATION FOR OFFICIAL PLAN AMENDMENT AND REZONING TO PERMIT A
HIGH DENSITY HOUSING DEVELOPMENT
APPLICANT: MARTIN ROAD HOLDINGS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-070-06 be received;
2. THAT the application to amend the Clarington Official Plan submitted by Martin Road Holdings
Limited be APPROVED and that a by-law be passed by Council to adopt Official Plan
Amendment 51 to the Clarington Official Plan as contained in Attachment 2;
3. THAT the application to amend the Municipality of Clarington’s Zoning By-law 84-63, as
amended, as contained in Attachment 3 be APPROVED and that a By-law removing the
Holding (H) provision be forwarded to Council for approval at such time a development
agreement has been executed;
4. THAT the modification to the development applications reducing the land area from 2.74 ha to
2.54 ha and reducing the number of proposed residential units from 271 to 220 is considered
minor and no additional public meeting is required;
5. THAT the Region of Durham be forwarded a copy of this report and be advised of Council’s
decision; and
6. THAT all interested parties listed in this report and delegations be advised of Council’s decision.
Submitted by: Reviewed by:
David J. Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
JW*CP*DJC*sh*df
May 30, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-070-06 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Martin Road Holdings Limited
1.2 Official Plan Amendment:
Amend “Table 9-2” Housing Targets by Neighbourhoods” for the
Westvale Neighbourhood in Bowmanville by increasing the high
density residential units from 275 to 500, decreasing the low
density from 1025 to 900 and increasing the total units from 1800 to
1900 and adjusting the total units for the Bowmanville Urban Area
accordingly.
Amend the population target on “Map E2” for the Westvale
Neighbourhood from 4,800 to 4700 to implement the proposed high
density housing development.
1.3 Zoning By-law Amendment:
Rezoning of the land from “Holding-Urban Residential Type One
((H)R1)” to an appropriate zone to implement the proposed high
density housing development.
1.4 Site Area: 2.54 hectares.
1.5 The lands subject to the amendments are located on the north side of Aspen Springs
Drive, east of Martin Road in Bowmanville, being Part lots 15 & 16, Concession 1 in the
former Township of Darlington (Attachment 1).
2.0 BACKGROUND
2.1 The subject lands were the subject of a previous draft approval for a development of a
crescent shaped street containing a total of 64 single and semi-detached/link dwellings.
2.2 On February 24, 2004, the applicant submitted applications to permit four 4-story
apartment buildings on 3.6 ha of land. The application was put on hold, at the
applicant's request, due to land negotiations with GO Transit for a future train station
and car park.
2.3 After having completed land negotiations with GO Transit, the applicant submitted
revised applications for a high density development on October 29, 2004. The revised
applications proposed a total of 271 dwelling units in three 4-story apartment buildings
on 2.74 hectares. A public meeting was held by the Municipality on February 21, 2005.
The GPA Committee recommended to Council to refer the application back to staff for
further review and the preparation of a subsequent report. A number of people spoke in
opposition to the application at the Public Meeting. The issues raised are identified in
Section 3, Public Notice and Submissions.
REPORT NO.: PSD-070-06 PAGE 3
2.4 Following the public meeting, the applicant was requested to improve the concept plan
to address some of the issues raised by neighbouring residents as wall as Planning
Staff. The revised plan has reduced the area from 3.6 ha to 2.74 as a result of further
negotiations with GO Transit. The number of buildings has been reduced to two (2), set
further back on the site, and the number of units is reduced by 50 to 220 units.
2.5 As of the writing of this report, a detailed site plan application has not been submitted.
However the concept plan indicates both surface and underground parking and
landscaped court yards in-between the buildings.
3.0PUBLIC NOTICE AND SUBMISSIONS
3.1 Pubic notice was given by mail on January 20, 2005, to each landowner within 120
metres of the subject site and a public meeting notice sign was installed on the property.
3.2 The following summarizes the concerns raised by the residents with respect to the
proposal at the Public Meeting held on February 21, 2005, as well as telephone
conversation, e-mails and letters received by planning staff:
?
The development will decrease property values;
?
The development will increase traffic along Aspen Springs Drive and at the
intersection to Regional Road 57. This will require a traffic signal at this
intersection;
?
The development will result in a loss of privacy in the backyards of existing
houses on the south side of Aspen Springs Drive;
?
A resident believes that this proposal would necessitate the construction of an
underpass providing access to the West Town Centre; and
?
If the proposal is for the low income apartments, it would not be desirable for the
area and the apartments being rental units will devalue the residential homes in
this area.
3.3 Some comments highlighted that Clarington needs a mixture of housing and Aspen
Springs Drive would be an appropriate location for the high density housing.
3.4 The applicant committed to work with the staff to address some of these issues and to
improve the overall development design including site plan, building elevations and
building heights. Design improvements to the original concept together with a review of
the issues identified in Section 3.2 are described in the Section 9 under Staff
Comments.
3.5 All landowners within 120 metres of the subject site were invited to a public open house
to review the modified design proposal of the residential apartments. On April 10, 2006
the invitation letters, together with the modified conceptual designs were mailed to these
residents. This Public Open House was held by the Municipality on May 3, 2006, at the
Baseline Community Centre to consider any other concerns of the local residents. No
REPORT NO.: PSD-070-06 PAGE 4
one attended the open house and no one contacted staff after receiving notice of the
open house.
4.0 SITE CHARACTERISTICS
4.1 The subject site is currently vacant and slopes from north to south. St. Lawrence and
Hudson Railway bounds the north limits. Detached dwellings and apartment buildings
are located on the south side of the Aspen Springs Boulevard. Vacant land for a future
GO Train station car park premises abuts the east limits, and a condominium residential
development is located to the west.
4.2 The condominiums to the west of the site completed recently are three storey residential
apartment buildings. On the south side of Aspen Springs Drive (opposite to the
development site) are two storey detached houses and three storey residential
apartment buildings.
4.3 The existing three storey apartment buildings in this area are built close to the street
and contribute to create a sense of place and identify as an urban residential node.
Together with the existing individual houses, it achieves a mixed residential area
reinforcing a diversified community life.
The existing character of the immediate surroundings created by a mix of
existing urban residential buildings
REPORT NO.: PSD-070-06 PAGE 5
Proposed development site with Seniors Residence in the background
The existing residential buildings and surroundings
REPORT NO.: PSD-070-06 PAGE 6
5.0 PROVINCIAL POLICY STATEMENT (PPS) CONFORMITY
5.1 The PPS establishes the following policies applicable to this development:
?
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 service facilities (Policy 1.1.3.7).
?
It is required to provide for a range of housing types and densities and new
housing is to be directed to locations where infrastructure and public services are
or will be available. An appropriate range of housing types and densities shall be
provided by promoting densities for new housing which efficiently use land,
resources, infrastructure and public service facilities, and support the use of
alternative transportation modes and public transit in areas where it exists or is to
be developed (Policy 1.4.3).
?
The density of the proposed development adjacent to Bowmanville West Town
Centre and future public transit contributes to achieve the Provincial Policy
Statement objectives and conforms to the above policies.
6.0 OFFICIAL PLANS CONFORMITY
Durham Regional Official Plan
6.1 The lands are designated “Living Area” within the Durham Regional Official Plan. Lands
designated “Living Area” permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure
(Policy 4.3.1 and 4.3.2)
The proposal is in conformity with the policies of the Durham Region Official Plan.
Clarington Official Plan
6.2 In the Clarington Official Plan, the subject lands are designated as Urban Residential, in
the Bowmanville Urban Area. The lands are within the Westvale Neighbourhood and
incorporate a High Density Symbol north of Aspen Springs Drive.
6.3 One of the objectives of the Official Plan is to provide for a variety of housing densities
and housing forms for each neighbourhood to achieve a desirable housing mix. The
site development are:
?
Site suitability in terms of the adequacy of municipal services and its size
and shape to accommodate the density and form,
?
Accessibility to community facilities, shopping and public transit,
?
Capacity in the road system to accommodate additional traffic,
?
Physical compatibility with the surrounding neighbourhood in terms of
scale, massing, height, siting, setbacks, shadowing and,
?
Adequate on site parking.
REPORT NO.: PSD-070-06 PAGE 7
6.4 The Official Plan states that High Density residential uses shall be developed at a
density of 61-100 units per net residential hectare. The predominant housing form shall
be high-rise apartments to a maximum of six storeys. The proposed development has a
density of 87 units per hectare and the maximum building height is 4 storeys.
6.5 The Official Plan Amendment application proposes changes to Table 9-2 of the Official
Plan. The table identifies the Neighbourhood Planning Units by name, population and
housing unit target. The proposal would amend the housing target for the Westvale
Neighbourhood Planning by decreasing the low density units from 1025 to 900 and
increase the high density units from 275 to 500 and increase the total number of units
for the neighbourhood from “1800” to “1900”.
6.6 The population allocation in the Official Plan for the Westvale Neighbourhood is
currently 4800. The proposed amendment would decrease the population allocation
from 4800 to 4700 persons.
7.0 ZONING BY-LAW CONFORMITY
7.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
“Holding-Urban Residential Type One ((H)R1)” Zone which does not permit the
proposed type of residential development.
7.2 A zoning by-law amendment is required to facilitate the proposed high density
residential development.
8.0 AGENCY COMMENTS
8.1 In consideration of the nature of the application and the proposed development, the
application was circulated to the relevant internal and key external agencies.
8.2 There were no objections to the Official Plan and Zoning by-law Amendments to permit
the condominium apartment development. Comments received primarily dealt with the
site plan servicing issues
8.3 Engineering Services comments:
?
As part of the site plan control process, the applicant may be required to
undertake traffic and transportation improvements that are deemed
necessary by the Director of Engineering for the Bowmanville Urban Area
to be implemented.
?
Prior to any site plan approval for the subject lands the applicant must
provide an on-site parking plan demonstrating that there is sufficient on-
site parking to accommodate the maximum anticipated level of resident
and visitor parking.
REPORT NO.: PSD-070-06 PAGE 8
?
The site conforms to both the storm sewer design for the subdivision and
the requirements of the West Side Mater Drainage Study prior to the site
plan approval for the subject lands.
8.4 The Region of Durham Planning Department comments:
?
The proposal is permitted by the policies of the Durham Regional Official
Plan.
?
The applicant is required to submit site servicing drawing to the Regional
Works Department for their review prior to the issuance of building permits
by the Municipality.
8.5 The Central Lake Ontario conservation Authority has no objections to this development
and detailed requirements will be addressed through the site plan approval process.
8.6 Comments from St. Lawrence and the Hudson Railway have not been received for the
official plan amendment and rezoning application. However, the lands have been
designated and approved for residential development since about 1990. Should these
applications be approved, they will be circulated the site plan application for comment.
8.7 Clarington Catholic District School Board has commented that provisions should be
made for sidewalks in this development.
8.8 Enbridge Gas, Bell Canada and Rogers Cable TV have no objections to the
development.
9.0 STAFF COMMENTS
9.1 Currently the proposed development site is surrounded by 3 storey residential
apartment buildings to the west and south, as well as 2 storey detached residential
dwellings to the south. The existing apartment buildings, together with the proposed
development define the transition between the south edge of the West Town Centre of
Bowmanville and the Westvale neighbourhood. The West Town Centre, north of the
railway is planned to develop with a mix of commercial, institutional and residential uses
at higher densities, up to 300 units per ha.
9.2 The proposed development site is a prominent location in terms of its visual exposure to
both Aspen Springs Drive and Regional Road 57. The visual exposure will be further
enhanced due to the openness of the adjoining land planned for a future GO Transit car
park. The proposed development visually demarcates the edge of the residential area
and the west town centre commercial core to the north. The submitted conceptual
design has given consideration on the building orientation, lay out plan and elevations in
order to deal with the design and aesthetic matters and minimize impacts on the
detached housing across Aspen Springs Drive. The urban design aspects will be
further reviewed during site plan approval stage.
REPORT NO.: PSD-070-06 PAGE 9
9.3 The proposal for higher density in this location, in proximity of public transit and planned
central areas such as the West Town Centre is consistent with Provincial, Regional and
Municipal policy objectives for urban intensification and transit sustainable development.
9.4 Based on the residents’ comments and concerns which are described under Section 3,
the proponents were requested to revise their plans to take into account the residents’
issues.
9.5 The proponents submitted a revised design concept. The key revisions are:
?
The building block layout configuration has been changed from three blocks to
two blocks while maintaining the central landscaped area and a framed vista;
?
The buildings setback from the street have been increased to provide greater
separation from the buildings to the existing residences on the south side of
Aspens Springs. The separation between the residents to the south and the
proposed development will range from approximately 56 to 71 metres;
?
The building height for a portion of the elevations facing Aspen Springs Drive has
been reduced from four storeys to three storeys. This reduces the mass of the
building facing the street, as well as the number of units overlooking the
residences on the south side of Aspen Springs.
?
The applicant has proposed intensive landscaping between the street and the
building, while providing limited on-site parking in this area.
?
Efficient arrangement of surface car parking predominantly along the side and
rear edges, as well as underground parking.
?
Architecturally improved concept elevations by changing the façade textures and
roof lines.
9.6 In terms of concerns raised about increased traffic neither Clarington Engineer
Services, nor Durham Works Department provided comments that this would be an
issue. The proposed development is at the north limits of the Westvale Neighbourhood
in the vicinity of other medium and high density developments. The future GO Train
Station is located to the east and the proposed development site is immediately south of
Bowmanville West Centre. Traffic signals are typically installed based on warrants and
intersection traffic volume will be monitored by the Region and the Municipality to
determine when and if signalization of the intersection is appropriate. The construction
of the Green Road underpass, which was one of the concerns of the residents, has
been scheduled for construction in the year 2007.
9.7 Although the Municipality of Clarington has no control over tenancy of the development,
the applicant has suggested it will be a condominium. Property values are affected by a
variety of factors and it is impossible to predict the impact of one development on the
property values of neighbouring properties. However, high density development is not
out of character in this location and is consistent with provincial, regional and municipal
policies.
REPORT NO.: PSD-070-06 PAGE 10
9.8 All landowners within 120 metres of the subject site were invited for a public open house
to review the modified design proposal of the residential apartments. The Planning
Department sent an invitation letter with the modified conceptual designs to these
residents. This public Open House was held by the Municipality on May 3, 2006, to
consider any other concerns of the local residents. There were no attendees and no
concerns where received. An area resident made a counter inquiry on the proposed
revised design and had no concerns.
9.9 The revised development proposes 220 apartment units within two 4 storey buildings.
The revised concept elevations show that certain sections of the elevation facing Aspen
Springs Drive are 3-storey. The development has a net density of 87 units per ha. The
revisions to the application since the public meeting decrease the area of development
as well as the number of units. The revisions are considered to be minor and do not
warrant a further public meeting. Although site plan details have not been submitted at
this time, the applicant has confirmed that underground parking will be necessary to
provide required parking for the development.
9.10 Considering the above information and agency comments, high density residential in
this location is appropriate.
10.0 CONCLUSIONS
10.1 In consideration of the comments received from circulated agencies and review of the
proposal, it is recommended that the application to amend the Clarington Official Plan
submitted by Martin Road Holdings Limited be APPROVED and that the Official Plan
Amendment 51 contained in Attachment 2 be ADOPTED by by-law by Council.
10.2 That the application to amend the Municipality’s Zoning By-law 84-63, as amended, as
contained in Attachment 3 be APPROVED and the removal of Holding (H) provision be
forwarded to Council for approval at such time a development agreement has been
executed.
Attachments:
Attachment 1 – Key Map
Attachment 2 – Amendment 51 to the Clarington Official Plan and By-law
Attachment 3 – Zoning By-law Amendment
List of Interested parties to be advised of Council’s decision:
Ron Boivin Mike Kelly
Bill Hamilton Emily Beaudion
Kelvin Whalen Pauline Frenette
Scott Grundy Ann Fennell
Kim Martin John Linney
Bill Hamilton
REPORT NO.: PSD-070-06 INTERESTED PARTIES LIST
___________________________________________________________________________
Name Company Address City Province Postal Code
Ron Boivin 6 Fry Crescent Bowmanville, ON L1C 4Y2
Bill Hamilton 3 Fry Crescent Bowmanville, ON L1C 4Y2
Kelvin Whalen The Kaitlin Group 1029 McNicoll Avenue Scarborough, ON M1W
Ltd. 3W6
Scott Grundy 7 Fry Crescent Bowmanville, ON L1C 4Y2
Kim Martin 80 Fry Crescent Bowmanville, ON L1C 4Y3
Bill Hamilton 3 Fry Crescent Bowmanville, ON L1C 4Y2
Mike Kelly 78 Fry Crescent Bowmanville, ON L1C 4Y3
Emily Beaudion 82 Fry Crescent Bowmanville, ON L1C 4Y3
Pauline Frenette 105 Aspen Springs Bowmanville, ON L1C 4Y1
Drive
Ann Fennell 95 Aspen Springs Drive Bowmanville, ON L1C 5H6
John Linney 2 Fry Crescent Bowmanville, ON L1C 4Y2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-______
being a By-law to adopt Amendment No. 51 to the Clarington Official Plan
WHEREAS the Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto:
AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend
the Clarington Official Plan to permit a high density residential development and adjustment to
the neighbourhood population targets:
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 51 to the Clarington Official Plan, being attached Explanatory
Text is hereby adopted.
2. This By-law shall come into force and take effect on the date after the last day of
appeal.
BY-LAW read a first time this day of 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
__________________________
John Mutton, Mayor
__________________________
Patti L. Barrie, Municipal Clerk
AMENDMENT NO. 51
TO THE CLARINGTON OFFICIAL PLAN
___________________________________________________________________________
PURPOSE:
The lands located on the north side of Aspen Springs Drive
between West Side Drive and Martin Road in Bowmanville,
being part Lots 15 & 16, Concession 1 in the former Township
of Darlington will be developed for high density residential units.
For this, the Housing Targets will be changed by increasing the
high density residential units, decreasing the low density units
and increasing the total units. The population targets also will
be increased.
BASIS:
The amendment is based on the detailed review of an
application submitted by Martin Road Holdings Limited to
construct 220 residential units.
AMENDMENT:
The Clarington Official Plan is hereby amended as follows:
1. By amending “table 9-2 Housing Targets by Neighbourhood”
by decreasing the low density target from 1025 units to 950
units and by increasing the high density target from 275 units
to 550 units for the Westvale Neighbourhood and adjusting
the total number of units for Bowmanville.
Table 9-2
Housing Targets by Neighbourhood
Housing Units
Urban Area
Residential Areas Central Areas Intensification Total
Neighbourhoods
Low Medium High Medium High
Bowmanville
Westvale 900 350 500 25 0 75 1850
TOTAL 13,050 3,150 1100 22,200
2. By amending Map E-3 Neighbourhood Planning Units as
shown on Schedule “A”.
IMPLEMENTAITON:
The provisions set forth in the Clarington Official Plan regarding
the implementation of the Plan, shall apply in regard to this
Amendment.
INTERPRETATION:
The provisions set forth in the Clarington Official Plan regarding
the interpretation of the Plan shall apply in regard to this
Amendment.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-______
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 former Town of Newcastle in accordance with
applications ZBA 2004-006 and COPA 2006-0001 to permit two high density residential
apartment buildings as permitted uses;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Section 15.4 “-Special Exceptions – Urban Residential (R4) Zone” is hereby amended
by introducing a new sub-section 15.4.28 as follows:
“15.4.28 URBAN RESIDENTIAL EXCEPTION (R4-28) ZONE”
Notwithstanding Section 15.2 a), b), c), g), h), those lands zone R4-28 on the Schedules
to this By-law shall be subject to the following zone regulations:
a. Density (Maximum) 100 Units per ha
b. Building Height (Maximum) 16.5 m
c. Setback (Minimum)
i) Front yard to the west end of building 18 m
ii) Front yard to east end of building 30 m
iii) Interior Side Yard 25 m
iv) Rear Yard 30 m
d) Landscaped Open Space 50%
2
e) A 3000m min area landscape open space court yard in-between the
buildings shall be provided
f) A minimum 20% of the building elevation facing the public street shall
have a max height of three (3) storeys.
2. Schedule “3” to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from: “Holding Urban Residential Type One ((H)R-1)” to “Holding -
Urban Residential Exception ((H)R4-28)” as illustrated on the attached Schedule “A”
hereto.
3. Attachment “A” attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 24(2), 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
__________________________
John Mutton, Mayor
__________________________
Patti L. Barrie, Municipal Clerk