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HomeMy WebLinkAboutPSD-047-18Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 4, 2018 Report Number: PSD -047-18 Resolution Number: PD -118-18 File Number: ZBA2014-0033 By-law Number: 2018-057 Report Subject: An Application by Averton Group to rezone lands to permit a 40 townhouse units in a common elements condominium at the northwest corner of Mearns Avenue and Elephant Hill Drive, Bowmanville Recommendations: That Report PSD -047-18 be received; 2. That the application to amend the Zoning By-law submitted by Averton Group be approved and that the Zoning By-law contained in Attachment 1 to Report PSD -047-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -047-18 and Council's decision; and 4. That all interested parties listed in Report PSD -047-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -047-18 Report Overview Page 2 The registered subdivision, situated north of Concession Street East and west of Mearns Avenue in Bowmanville, is currently under construction by Averton Homes. The subject site has been identified as a medium density condominium block within the registered subdivision since 2014. The applicant is seeking to rezone the subject parcel, to permit the development by amending the existing R3-49 zone, to allow condominium townhouses. 1. Application Details 1.1. Owner: Averton Homes (Bowmanville) Limited 1.2. Applicant/Agent: Biglieri Group 1.3. Proposal: Amendment to the Zoning By-law to rezone the subject lands from "Holding — Urban Residential Exception ((H) R2-84) Zone" to "Urban Residential Exception (R3-49) Zone". 1.4. Area: 1.57 hectares 1.5. Location: West side of Mearns Avenue, 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. Roll Number: 18-17-020-060-10807 1.7. Within Built Boundary: Yes 2. Background 2.1. The original draft approval was issued in 1996, by the Region of Durham. In 2014, Averton purchased the lands and requested further amendments to the draft plan including providing for: x An alternate access to Mearns Avenue; x Removal of a portion of Lyle Drive and replacing it with a walkway to address issues with the steep grades on site; x Updated conditions of draft approval and zoning to meet current municipal and agency requirements. 2.2. The original draft plan of subdivision was approved with a cul-de-sac for the lands on the north-west corner of Mearns Avenue and Elephant Hill Drive with a mix of townhouses and semi-detached units on a public internal road. Given the grades and the railway setbacks, the developer agreed to amend the draft approved plan by including these Municipality of Clarington Report PSD -047-18 lands in a single block for a medium density townhouse development in a common elements condominium. See Figure 1. Page 3 2.3. A site plan application was submitted on November 30, 2016 for a 40 unit townhouse development in a common elements condominium. Revisions to this block did not proceed as quickly as the balance of the development and zoning on the lands was not amended to reflect the change to the approved draft plan until the site plan application was reviewed and further advanced the overall design and layout. 3. Land Characteristics and Surrounding Uses 3.1 The lands are at a higher elevation in the north-west and abutting the railway, then sloping to the south-east corner. The site has been graded and construction is underway on the first phase of the subdivision south of Elephant Hill Drive. Figure 1: Key Map Municipality of Clarington Report PSD -047-18 3.2 The surrounding uses are as follows: North - Canadian Pacific Railway and Urban Residential South - Urban Residential East - Urban Residential West - Urban Residential -- LONGWORTH AVENUE � S 1 r Page 4 Subject Site s _ . =lip0.ti A ",..,�• + •A r SCOTTSDALE'DRIVE `• �' -` 7a 0 Z a MADDEN PLACE_ ids + LYLE DRIVE CAMPL[NG Figure 2: Key Map HL) TTQN PLACE Municipality of Clarington Report PSD -047-18 4. Provincial Policy Provincial Policy Statement Page 5 4.1 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, park and open space, and other uses to meet long term needs. Some relevant policies are: x 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 lands, infrastructure and public services. x New housing is to be directed to locations where infrastructure and public services are or will be available. x A full range of housing types and densities shall be provided to meet the projected requirements of current and future residents of the regional market area. x Infrastructure and public service facilities shall be provided in a coordinated and efficient and cost effective manner. 4.2 The subject lands are adjacent to established housing developments, where existing infrastructure is in place and transit routes are nearby. The proposed rezoning is consistent with the Provincial Policy Statement. Provincial Growth Plan 4.3 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. 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: x Growth is to be accommodated in transit -supportive communities to reduce dependence on the automobile through the development of mixed-use, pedestrian -friendly environments. x Growth shall be directed to areas that offer municipal water and wastewater systems. x Municipalities should establish an urban open space system within the built up areas. x Municipalities must accommodate residential development within the built up area. 4.4 The subdivision has an array of housing types. Municipal water and sanitary sewers are available to the site. Transit routes are existing 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 the east side of Mearns Avenue. The development allows for the efficient Municipality of Clarington Report PSD -047-18 Page 6 use of lands, infrastructure and public services. The proposed rezoning is consistent with the Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject lands as Living Areas. Development of communities is permitted 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 rezoning is consistent with the Durham Regional Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the subject lands as Urban Residential. The lands are within the Apple Blossom Planning Neighbourhood. 5.3 New development in established neighbourhoods is designed to respect and reinforce the physical character of the neighbourhood having regard to the patterns of lots, streets and blocks, the size and configuration of the lot, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards. Densities at the edge of neighbourhoods and adjacent to arterial roads are to be higher than internal to a neighbourhood. 5.4 The proposed rezoning is consistent with the Clarington Official Plan. 6. Zoning By-law 6.1 The lands are currently zoned "Holding — Urban Residential Exception ((H) R2-84)". A Zoning By-law amendment is required to permit the condominium townhouse development. 7. Public Submissions 7.1 A Public Meeting for the rezoning associated with the revised plan of subdivision including the subject lands was held on March 9, 2015. Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed along the frontages of Mearns Avenue, Elephant Hill Drive and Ireland Street. In April 2017, Averton Homes (Bowmanville) Limited applied for ZBA 2016-0022 to increase porch and building heights within the Draft Approved Plan of Subdivision. The public notice included the future medium density common elements condominium block. No comments have been received to date regarding the townhouse condominium block. Municipality of Clarington Report PSD -047-18 8. Agency Comments Regional Municipality of Durham Page 7 8.1 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 9.1 Engineering Staff 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 building permits. 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 original Draft Plan of Subdivision included a cul-de-sac with 7 townhouses and 6 semi-detached/link units on the subject lands. The medium density block has been discussed previously in reports to Committee and Public Meetings. The applicant is seeking to amend the zoning which was originally approved in 1996 to reflect the Site Plan application currently under review by the Planning Services Department (See Figure 3). 10.2 Staff have reviewed four submissions of the site plan to date, and expect to issue site plan approval in the near future. The site has been designed to comply with the provisions of the "R3-49" zone. 10.3 The rezoning application conforms to Provincial, Regional and Municipal Planning Policies. 10.4 No significant issues have been raised to date regarding this proposed Zoning By-law amendment. It is in staff's view that the rezoning is appropriate, consistent and implements the Plan of Subdivision. Municipality of Clarington Report PSD -047-18 Page 8 M7777- 22 22a: 219 . Townhomes us v New Street 211 Parcels 207 ,x� Park 203 ' 199 Sidewalk ` Subject Site N � LLI ` N 1 Z LU 0 Park �N,y 6ya Q W Z X Y IN LU T Snow Storage �+ s � VJ L27 140 _ 138 i ' 136 tVEPHANT HIDRI LL VE 132 130 145 lqg '1' 53" 157 ' `161 165 _ 169 - 173 177 128 141 126 137'x.` k lwm� Figure 3: Site Plan 11. Concurrence Not Applicable. 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application to amend Zoning By-law 84-63 be approved. Municipality of Clarington Report PSD -047-18 13. Strategic Plan Application Page 9 The recommendations contained in this report conforms to the Strategic Plan to support a variety of affordable mixed housing types and community design attributes that support our residents at every stage of life and across and across all abilities. Submitted by: Reviewed by: David Crome, MCIP, RPP Director of Planning Services Andrew C. Allison, B. Comm, LL.B Chief Administrative Officer Staff Contact: Amanda Tapp, Planning Services Department, 905-623-3379 ext. 2420, or atapp(a)-clarington.net Attachments: Attachment 1 — Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: Isabelle Kim — Biglieri Group AT/C P/n I I:\ADepartnnent\LDO NEW FILING SYSTEMWpplication Fi1es\ZBA-Zoning\2014\ZBA 2014-0033 Averton\Townhouse - Condo B1ock\PSD-047-18.Docx Attachment 1 to Report PSD -047-18 Corporation of the Municipality of Clarington By-law Number 2018 - 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 2014-0033; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6.49 "Urban Residential Exception (R3-49)" is hereby amended by replacing the introductory paragraph as follows: "Notwithstanding Sections 3.1 g) and i), iv), 14.3 a., b., c., i), ii), iii), e., g., and 14.4 shall only be used for street townhouse dwellings and link townhouse dwellings, subject to the following regulations. The regulations shall apply to link townhouse units as if each unit is located on a lot." 2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding — Urban Residential Exception ((H) R2-84) Zone" to "Urban Residential Exception (R3-49) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `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 34 of the Planning Act. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. 19 11 84 85 14 15 86 87 m 93 N 1 m 16 1m3 69 89 -k- 2 W9 22 ELDAD DRIVE 85 0 32 33 m������n�c�e 296 j 283 boa 81 W r 278 > 79 40 2 Q 44 274 275 62 48 o m 270in 271 61 W53-7---- n H 52 Nd 77 268 W 267 56 55 56 264 J 263 52 51 11 60 M Q m 9 260 a 259 48 47 64 {/� cv No rn 256 255 42 43 r L� C 68 57 25 30 39 L Z. 73 53 N co o 35 76 !� 77 Y. 38 49 240 0 3 80 81 34 45 O 236 U 27 84 I 85 30 232 V1 71 88 0 89 26 4t 37 28 r 92 CC 93 22 31 4 97 21 e 100 101 18 2� S 55 104 10.9 14?2)� 57 108 109 ��' Qj592 10 ffia�&mffixm�msc ��gsGB 55 20 121�a a`h 124 125 l 47 1�-zs 1a_z6a 439 40 36 5 zo-zsa-zsa 32 3 2 2 20 \a� 2fi - 25 1 - 257 12 8 15 La�a 21 � N N N N �J SPRUCEWOOD CRESCENT 27 26 ti 29 l p� Z10 IIITIT 2 �1 914 I S 4;111112;2�slz 201 1B8a2 0 176 64n [ '7'0 `Q� 899 yI 09 172 217 168 Z Rpm 164 1 a� 76 76 41 160 233 V m N m w m o o80 0 82 �s 7 MADDEN PLACE LYL'E-DRIVE Z rMrn� m�n�r 15 $p sJ 170 r r rno mwmw 174 175 vvaM m � N� oom m � 146 S 178 179 W 142 5 Q 0 182 9S3 c' C C rn r 138 50 q2 186 187 6] M (rn] a? N N T N N r N N 11 ,g, N N N N N N N Y 1 HUTTON PLACE IN, 94 44 8 39 em��aaxWmP 0m2 D O Q W N N O dQc 225 1 108 233 1 m w MJ Zoning Change From "(H)R2-84" To "R3-49" s Bowmanville • ZBA 2014-0033 • Schedule 3 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk