HomeMy WebLinkAboutPSD-035-07
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REPORT
PLANNING SERVICES
Meeting:
GENERAl- PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
PSD-035-07 File #: COPA2006-0001
& ZBA2006-0007
GP~1 e J-6,'J- C7
By-law #: 1 OD1- Lk (1
Date:
Monday March 26, 2007
Subject:
APPI-ICATIONS TO AMEND THE CI-ARINGTON OFFICIAl- Pl-AN AND ZONING BY-
I-AW TO PERMIT AN INCREASE IN DENSITY FOR A SIX STOREY APARTMENT
BUll-DING
APPUCANT: DUNBURY DEVEl-OPMENT (GREEN) I- TO.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-035-07 be received;
2. THAT the Clarington Official Plan be amended as shown in Attachment 3 to permit an increase
in density and increase in housing targets as proposed by the application submitted by Dunbury
Development (Green) Ltd. and that the necessary By-law be passed;
3. THAT the application to amend the Zoning By-law 84-63 submitted by Dunbury Development
(Green) Ltd. be APPROVED and that the By-law contained in Attachment 4 be passed;
4. THAT a copy of Report PSD-035-07 and the attached Official Plan Amendment 55 and the
amending Zoning By-law be forwarded to the Durham Region Planning Department and the
Municipal Property Assessment Corporation (MPAC); and,
5. THAT the Region of Durham, the applicant and all interested parties listed in this report and any
delegation be advised of Council's decision and forwarded the Notice of Adoption.
Submitted by:
Reviewed by:
i '\1..~v ( C_(',: Z(
j
Franklin Wu,
Chief Administrative Officer
D id J rome, M.C.I.P., R.P.P.
Director of Planning Services
SAlCP/DJC/df/sh
19 March 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-035-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Dunbury Development (Green) Ltd.
1.2 Official Plan Amendment:
To permit the development of a 6 storey residential building
containing 125 units, by increasing the maximum density permitted
from 100 units per net hectare to 206 units per net hectare (an
increase of 64 units).
1.3 Zoning By-law Amendment:
To rezone from “Agricultural (A)” to an appropriate zone to permit
the proposed development.
1.4 Site Area: 0.6076 ha
2.0 LOCATION
2.1 The subject lands are located south of Highway 2 and west of Green Road at 2349
Highway 2 in Bowmanville. The property is contained within Part Lot 17, Concession 1,
former Township of Darlington.
3.0 BACKGROUND
3.1 On February 17, 2006, Dunbury Developments (Green) Ltd. submitted applications to
the Municipality of Clarington for the development of an apartment building containing a
total of 124 dwelling units. A noise study, traffic study and visual impact analysis were
submitted to assist in the evaluation of the proposed development.
3.2 The subject lands have been designated for higher density residential uses since 1992.
Official Plan Amendment No. 43 to the Official Plan for the former Town of Newcastle
provided for a density of 74 units per hectare. In 1996 the new Clarington Official Plan
recognized this designation with a density of 100 units per hectare, the standard density
provision for high density in the Plan.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject property is currently vacant and has frontage along Highway 2 and Green
Road. The site has recently been cleared and graded and is generally flat. There are
existing low density residential dwellings located on the adjacent lots to both the west
and south.
REPORT NO.: PSD-035-07 PAGE 3
4.2Surrounding Uses:
North: Highway 2 and vacant commercially designated and zoned lands
South: existing low density residential
East: Green Road and existing commercial uses, Loblaw’s and
Clarington Centre plaza
West: temporary sales office for subject development and further west,
existing low density residential
5.0 PROVINCIAL POLICY
5.1 Provincial Policy Statement
The proposed application is within the Bowmanville settlement area and proposes a
high density development abutting a regional transit spine. The existing neighbourhood
contains only low and medium density development. Provincial Policy regarding
settlement areas states that there shall be a mix of densities and land uses and that
there shall be an efficient use of infrastructure. This application conforms with the
Provincial Policy Statement.
5.2 Growth Plan
The Growth Plan states that a significant portion of new growth will be accommodated
by directing it to built-up areas of communities through intensification. Although a
vacant site, this area is within the built-up area of Bowmanville and is surrounded by
previously constructed dwellings, subdivision, commercial plaza’s and Council approved
commercial developments to be constructed soon. The Growth Plan further states that
communities shall develop with a diverse mix of land uses and a range and mix of
housing types. This application conforms with the Growth Plan policies.
6.0 OFFICIAL PLAN POLICIES
6.1 Regional Official Plan
The lands are designated “Living Area” in the Durham Regional Official Plan. Lands
designated Living Area permit the development of residential units, incorporating the
widest possible variety of housing types, sizes and tenure.
6.2 Clarington Official Plan
The lands are designated “Urban Residential – High Density” in the Clarington Official
Plan. The high density policies allow for development with a net density of up to 100
units per net residential hectare with predominant housing form to include medium rise
apartments up to 6 storeys and mixed use developments. The applicant is requesting a
net density of 206 units per ha.
The site fronts on both Green Road and Highway 2, both of which are designated Type
‘B’ arterial roads. Highway 2 is also designated a Regional Transit Spine in this area.
REPORT NO.: PSD-035-07 PAGE 4
Access to Type ‘B’ arterial roads is to be limited to one access every 80 metres. The
application proposes a single access on Green Road.
The Clarington Official Plan contains policies to guide development of high density
residential areas. These include:
?
the site is suitable in terms of size and shape to accommodate the proposed density
and building form;
?
the proposed development is compatible with the surrounding neighbourhood in
terms of scale, massing, height, siting, setbacks, shadowing, and the location of
parking and amenity areas;
?
adequate on-site parking, lighting, landscaping and amenity areas are provided; and,
?
the impact of traffic on local streets is minimized.
7.0 ZONING BY-LAW
7.1 The subject lands are currently within the “Agricultural (A) Zone”. The applicant has
applied to rezone the property to permit the proposed 6 storey apartment building. The
applicant has concurrently submitted a site plan application which has been reviewed by
staff and circulated agencies. Site specific zoning requirements are based on the site
plan for the proposed development.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and two (2) public meeting notice signs were installed facing Highway 2 and Green
Road. The public meeting for the proposed Official Plan Amendment and the Zoning
By-law Amendment was held on April 24, 2006.
8.2 Four (4) inquiries have been received since notice was provided. The inquiries were
regarding the following:
?
There were some objections to any high density development being permitted on
this site;
?
All felt that the proposed development is at too high a density; and
?
All were concerned about loss of privacy with the potential of people looking into
their backyard from the upper units.
These concerns are addressed in the Comments section of this report.
9.0 AGENCY COMMENTS
9.1 At the writing of this report, comments have been received from all required
agencies/departments. There are no objections to these applications. Detailed site
plan comments and conditions were received and will be incorporated into the
development agreement with the Municipality of Clarington and the servicing agreement
with Durham Region.
REPORT NO.: PSD-035-07 PAGE 5
10.0 STAFF COMMENTS
10.1 The proposed development is located immediately adjacent to the West Town Centre in
Bowmanville and is at an important intersection in terms of visibility and entry to
Bowmanville. Durham Highway 2 is a transit corridor and it is generally a good location
for high density development.
10.2 Typically High Density development is permitted within a “Town Centre” and adjacent to
Highway 2/King Street. The subject property is adjacent to the West Bowmanville Town
Centre which is located both north and east of the subject property. The West
Bowmanville Town Centre permits both “Low Rise High Density Residential” and “Mid
Rise High Density Residential”. Low Rise High Density development is between 50 and
80 units per net hectare up to a maximum of 6 stories and Mid Rise High Density
development is between 50 and 300 units per net hectare up to a maximum of 12
stories. The proposed development, located immediately adjacent to the Town Centre
and adjacent to Highway 2 will complement these designations by providing a step
down from the potential 12 storey residential buildings in the West Town Centre.
10.3 The applicant has also employed a high standard of architectural design suitable to a
highly visible location. The building is oriented to the street frontages providing an urban
character that emphasizes the intersection as a high profile design feature. The building
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contains a one-storey podium level, and steps back 1.0 metre through the 2 to 5
th
floors, and then steps back a second time, an additional 1.5 metres at the 6 floor. This
style of building helps to maintain a pedestrian related scale and to mitigate wind and
shadow effects. All parking and loading spaces are located in the rear and interior side
yards and are not highly visible from the street.
10.4 The applicant has employed a number of urban design features to minimize the impact
of the building upon the existing residential neighbourhood to the south and west. The
“L” shape building leaves the south and west areas of the property as landscaped open
space maximizing the separation to the abutting residential lots. The dwelling located
west of the subject lot (temporary sales office for subject development) will be
approximately 18 metres from the closest point of the new apartment building and the
dwelling located to the south will be approximately 31 metres distant. As part of the site
plan process the applicant has provided cross section views to demonstrate the visual
impact the proposed building has from two points on the east side of Green Road and
the north side of Highway 2.
10.5 The applicant complies with the Official Plan’s intent for a higher density building in this
location with a maximum of 6 storeys in height. However, the applicant is proposing
underground parking which allows the project to achieve a higher density within the 6
storey height limit.
Although the original application proposed a density of 190 units per hectare, the road
widening required by the Municipality along Green Road results in a reduced setback
and land area, and a higher density of 206 units per hectare.
REPORT NO.: PSD-035-07 PAGE 6
Staff believe the proposed increase in density is appropriate for this location and the
design of the building.
10.6 Within the Darlington Green Neighbourhood, there are currently a total of 125
intensification units allocated. Intensification units include apartment-in-houses, garden
suites, infill development, or redevelopment. There were no specific units designated to
this high density symbol. To ensure intensification units remain to be utilized by other
sites in this neighbourhood, staff proposes to amend the housing targets to indicate 125
high density residential units and to continue to have 125 intensification units permitted.
10.7 The applicant has proposed an apartment style building and located all the required
resident’s parking spaces and nine (9) visitor parking spaces, below ground. With the
surface area containing only ten (10) of the visitor parking spaces the applicant is able
to locate a building with a higher density on the site and still provide adequate
landscaped open space.
10.8 The building has been designed to give every apartment unit an outdoor private amenity
area in the form of a ground level patio, upper level balcony or roof level terrace,
2222
ranging from 4.1 m (44 ft) to about 54 m (580 ft). The street side ground level patio’s
are separated from the public road allowance by a decorative fence or wall which
creates a definition between the private and the public areas.
2
There is also an outdoor amenity area, over 600 m in area, located adjacent to the
south wall of the building and in the southwest corner of the property, adjacent to the
rear yards of the abutting residential dwellings. The location of the outdoor amenity
area permits optimum solar access for the users as well as creating a spatial separation
between the 6 storey dwelling and the existing low density residential uses.
10.9 The project complies with the Municipality’s requirements for indoor amenity space and
includes a multi-purpose room, a billiards room, a media room and an exercise room
complete with washrooms, change rooms and saunas. The applicant has applied for
site plan approval, and has submitted detailed drawings, including a site servicing plan.
A landscape plan and lighting plan will be submitted once the official plan and zoning
amendments have received approval. A holding symbol shall be placed on the property
until such time as site plan approval is imminent.
11.0 CONCLUSIONS
11.1 In consideration of comments received from circulated agencies and review of the
proposal, staff recommends APPROVAL of the official plan amendment and rezoning
applications.
Attachments:
Attachment 1 – Key Map
Attachment 2 – Perspective
Attachment 3 – Proposed Amendment 55
Attachment 4 – By-law Amendment
REPORT NO.: PSD-035-07 PAGE 7
Interested parties to be notified of Council and Committee's decision:
Dunbury Developments (Green) Ltd.
E.I. Richmond Architects Ltd.
James MacDonald
Greg Pyatt
Heather Muir
Attachment 2
To Report PSD-035-07
Attachment 3
To Report PSD-035-07
AMENDMENT NO. 55
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment is to exempt the subject property
from the maximum density requirement of 100 units per net hectare
and permit an increase in the density to 206 units per net hectare.
BASIS:
The subject lands are located at a key intersection in the emerging
West Bowmanville Town Centre, along the Regional Transit Spine
of Durham Highway 2. The amendment will facilitate the
development of the subject property for high density residential
uses on the basis of the Zoning By-law amendment and Site Plan
Control applications.
ACTUAL
AMENDMENT:
The Clarington Official Plan is hereby amended as follows:
1) That Footnote i) be added to Table 9-1 as follows:
“i) Notwithstanding the above, a 0.608 ha parcel at 2349
Highway 2 Bowmanville may have a net density not
exceeding 206 units per hectare.”
2) By amending Table 9-2 by:
a) Adjusting the housing targets for the Darlington Green
Neighbourhood (N12) as follows:
High Density - from “0” to “125” and
Total - from “1175” to “1300”
b) By adjusting the Totals for Bowmanville area as follows:
High Density - from “3050” to “3175” and
Total - from “22525” to “22650”
So the appropriate lines of Table 9-2 read as follows:
Table 9-2
Housing Targets by Neighbourhoods
Urban Area Housing Units
Neighbourhoods
Low Medium High Intensification Total
Bowmanville N-12
Darlington Green 675 375 125 125 1300
TOTAL 13025 4650 3175 1800 22650
3) By adjusting the population target for the Darlington Green
Neighbourhhood (N12) on Map E2-Neighbourhood Planning Units:
Bowmanville Urban Area from “2800” to “3250”, as shown on
Exhibit A.
IMPLEMENTATION:
The provisions set forth in the Clarington Official Plan as amended,
regarding the implementation of the Plan shall apply in regard to
this amendment.
INTERPRETATION:
The provisions set forth in the Clarington Official Plan as amended,
regarding the interpretation of the Plan shall apply in regard to this
amendment.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-_______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the former Town of Newcastle
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 former Town
of Newcastle to implement ZBA2006-0007;
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 TYPE FOUR
(R4) ZONE” is hereby amended by adding thereto the following new Special
Exception 15.4.29 as follows:
“15.4.29 URBAN RESIDENTIAL EXCEPTION (R4-29) ZONE
Notwithstanding Sections 15.2 a., 15.2c., 15.2e., 15.2f., 15.2g. and
15.2 h. on those lands zoned “R4-29” on the attached Schedule to this
By-law shall be subject to the following zone regulations:
a) Definitions
i) Underground Parking Structure
Shall mean a part of a building which is provided and
maintained for the purpose of parking vehicles related to the
building, which is located below finished grade and shall
include parking spaces, parking aisles and access ramps,
common areas for stairs and elevators, storage areas for
tenants, and mechanical rooms.
b) Density (maximum) 206 units per ha
c) Yard Requirements
i) Front Yard a minimum width of 5
metres and a maximum
width of 6 metres
ii) Exterior Side Yard a minimum width of 2
metres and a maximum
width of 4 metres
iii) Interior Side Yard (minimum) 9 metres
iv) Rear Yard (minimum) 18 metres
d) Lot Coverage (maximum) 35%
e) Landscaped Open Space (minimum) 40%
f) Building Height (maximum) 24 metres
g) Parking Spaces (minimum) 170
h) Underground Parking Structure Setback Requirements (minimum)
i) Front yard setback 2.0 metres
ii) Interior side yard setback 0.5 metres
iii) Rear yard setback 1.5 metres
iv) Exterior side yard setback 0.3 metres
i) Notwithstanding Section 15.4.29 a)i), a portion of the underground
parking structure located within the exterior side yard may be
permitted to a maximum of 0.75 metres above adjacent finished
grade.
j) Notwithstanding Section 15.4.29 a)i), air intake or exhaust shafts
constructed in association with the underground parking structure
may be permitted to project to a maximum of 1.2 metres above
adjacent finished grade in any required yard.
2. Schedule “3” to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
“Agricultural (A) Zone” to “Holding - Urban Residential
Exception ((H)R4-29) Zone” as illustrated on the attached
Schedule “A” hereto.
3. Schedule “A” attached hereto shall form part of the By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2007
BY-LAW read a second time this day of 2007
BY-LAW read a third time and finally passed this day of 2007
__________________________
Jim Abernethy, Mayor
__________________________
Patti L. Barrie, Municipal Clerk