HomeMy WebLinkAboutPSD-052-07
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 7, 2007
Report #: PSD-052-07
File #: ZBA 2007-0010
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By-law #'cJ.o07-/00<
Subject:
REZONING TO REDEFINE THE FRONT YARD FOR TWELVE (12)
TOWNHOUSE UNITS
APPLICANT: PRESTONV ALE HEIGHTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-052-07 be received;
2. THAT the rezoning application submitted by Prestonvale Heights Limited be
APPROVED and that the attached Zoning By-law Amendment be passed by Council;
3. THAT a copy of Report PSD-052-07, and the attached amending By-law be forwarded
to the Durham Regional Planning Department and the Municipal Property Assessment
Corporation; and
4. THAT the Region of Durham, the applicant, all interested parties listed in this report and
any delegations be advised of Council's decision and forwarded a Notice of Adoption.
Submitted by:
Da d . rome, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed by: 0 ~ ~l
Franklin Wu
Chief Administrative Officer
SA2*CP*DJC*lw
April 30, 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-052-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Prestonvale Heights Limited
1.2 Agent:
Sernas Associates
1.3 Proposal:
To rezone the subject lands from "Urban Residential Exception
(R3-17) Zone to an appropriate zone to permit the development of
twelve (12) townhouse units with the front yard facing Beckett
Crescent, where they were originally draft approved with the front
yard facing Meadowglade Road.
1.4 Area:
(0.31 ha) 3,080 m2
1.5 Location:
Part Lot 34, Concession 2, Former Township of Darlington,
municipally known as 31 to 53 Beckett Crescent.
2.0 BACKGROUND
2.1 On February 7, 2007, Prestonvale Heights Limited submitted an application to rezone
blocks 178 & 179 within 40M-2148, located at the northwest corner of Bloor Street and
Meadowglade Road to permit the development of twelve (12) townhouse units. Twelve
townhouse units were approved as part of the original Draft Approved Plan of
Subdivision for the referenced two (2) blocks. The two townhouse blocks are bound by
Meadowglade Road on the east and Beckett Crescent on the west. As such, the
properties have frontage on both streets.
2.2 The original draft approved townhouse blocks, were zoned to try to eliminate the need
for a noise fence and provide for an aesthetically-pleasing streetscape by providing
vehicular access off of Beckett Crescent, but dressing up the "rear" door on
Meadowglade to appear and be defined as a front door to the dwelling. This layout
works best in rear lane or condominium situations. After a number of attempts to arrive
at a suitable design for the houses, the owner has requested to revert back to the
traditional arrangement with the noise fence along Meadowglade Road and both
vehicular access and the front yard on the Beckett Crescent frontage.
2.3 The subject application is necessary since the zoning by-law defined the Meadowglade
Road frontage of the lot as the "front yard" so that the "rear yard" amenity area facing
Beckett Crescent would meet the Ministry of Environment guidelines for noise levels.
The change in the defined "front yard" proposed through this zoning application is
simply to allow the reverse frontage design to proceed. There is no change to vehicular
access; it was always to occur from Beckett Crescent.
2.4 The applicant submitted a Noise Impact Study to address the concerns regarding noise
exposure from Meadowglade Road and Bloor Street. The study concluded that noise
REPORT NO.: PSD-052-07
PAGE 3
fencing will be required along the side and rear property lines, abutting Bloor Street and
Meadowglade Road respectively, to reduce the noise levels in the rear yard of the
proposed lots.
2.5 In response to the public notice, concerns were received regarding the following issues:
. The potential increase in on-street parking resulting from the proposal;
. Concerns about the safety of the neighbourhood children as a result of
increased traffic on a narrow street;
. Depreciation of homes resulting from the subject rezoning; and
. Objection to the inconsistency of the subject proposal with what was originally
planned.
2.6 One resident spoke at the public meeting with concerns about the safety of the young
children in the neighbourhood, however, understood after the staff presentation that the
original location of vehicular access and traffic patterns were not being altered by this
rezoning application.
The concerns are addressed in Section 9.0 of the report.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property and area subject to rezoning measures 0.31 acres (3,080 m2) and
is currently vacant.
3.2 The surrounding uses are as follows:
North - Vacant residential land and beyond, Residential
South - Bloor Street and beyond, Vacant residential land and Residential
East - Meadowglade Road and beyond, Vacant, draft approved lands for
a Public Secondary School
West - Residential (single detached and townhouse units)
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
Policies for Settlement Areas dictate that land use patterns are to be based on densities
that efficiently use land and the infrastructure and services that are available. This
application is consistent with the Provincial Policy Statement.
4.2 Provincial Growth Plan
This application acknowledges the province's initiative to provide a greater variety of
housing types to meet the needs of people at all stages of life. This application
conforms.
REPORT NO.: PSD-052-07
PAGE 4
5.0 OFFICIAL PLANS
5.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. This
designation provides that each community shall be developed to incorporate the widest
possible variety of housing types, sizes and tenures. The subject proposal for twelve
(12) townhouse units conforms.
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the subject lands as Medium Density
Residential within the Courtice Urban Area. The intent of this designation is to provide a
variety of housing densities and forms to ensure that each neighbourhood achieves a
desirable housing mix. Townhouses are included within the predominant housing forms
envisioned for Medium Density Residential areas. The proposed use conforms to the
Clarington Official Plan.
Bloor Street is classified as a Type "A' Arterial Road. Type "A' arterial roads are
designed to efficiently move large volumes of traffic at moderate to high speeds over
relatively long distances. Meadowglade Avenue is a Type 'C' Arterial, which are
designed to move lower volumes of traffic at slower speeds over relatively short
distances. The Municipality requires that arterial roads provide for continuous
movement and therefore private access is limited.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63, as amended, zones the subject lands Urban Residential
Exception (R3-17) Zone. The current zone permits townhouse units fronting onto
Meadowglade Road, whereas the subject application proposes the townhouse units
with a Beckett Crescent frontage and access (reverse frontage lots).
The proposed use does not conform to the provisions of this zone and therefore this
rezoning application is required.
7.0 AGENCY COMMENTS
7.1 The rezoning application and notice of public meeting was circulated to various
agencies and other departments by the Planning Services Department. Comments
received to date are as follows:
. Clarington Building Department and Clarington Fire and Emergency Services
indicated that they do not have any concerns with the subject application;
. Clarington Operations provided comments pertaining to the proposed noise
wall, requesting that the proposed shrubbery along the wall be eliminated, as
there is not enough space for growth or maintenance. Alternatively, the
alignment of the wall should include four strategically located jogs onto private
property complete with appropriate plantings. Initially they suggested the
REPORT NO.: PSD-052-07
PAGE 5
planting be maintained by the property owners. However, after further
discussion on this issue it was agreed that the landscaped area should be
under public ownership provided the landscape material is low maintenance;
. Clarington Engineering reviewed the application and has no objection to the
proposed zoning change. However, they have requested that the engineering
drawings be amended to include the noise attenuation fence that is required.
Also, the plantings adjacent to the sidewalk on Meadowglade Road will not be
permitted; and
. Durham Regional Planning indicated that the proposal is permitted by the
policies of the Regional Official Plan. Services will be available to the subject
property from Beckett Drive. They reviewed the Noise Impact Study
submitted in support of the application and concluded that the
recommendations and calculations appear to meet the requirements of the
Region and the Ministry of Environment.
8.0 STAFF COMMENTS
8.1 The policies of the Regional Official Plan and the Clarington Official Plan limit individual
private access to arterial roads. The subject blocks are located at the intersection of
Bloor Street, a type 'A' arterial and Meadowglade Road, a type 'C' arterial. However,
rear yards abutting arterial roads typically require noise mitigation that does not provide
for an attractive streetscape. As a result, when the development was originally being
draft approved these lots were zoned to require the front door of the units to face
Meadowglade, yet vehicular access was to be maintained from the local road, Beckett
Crescent.
8.2 The owner/builder met with staff and expressed concern that the streetscape on Beckett
Crescent was not in keeping with the neighbourhood by having stand alone garages
and fenced rear yards. As a result, this application has been filed to allow the twelve
(12) units to have their rear yard abutting Meadowglade Road and the front of the
dwelling face Beckett Crescent. Access to the units was originally intended to be from
Beckett Crescent and therefore the subject application will not have a significant effect
on traffic patterns. Beckett Crescent meets the Municipality's standard width for a local
road. On-street parking should not pose a problem, as a parking plan was prepared
prior to draft approval that accounts for sufficient on-street parking for visitors.
8.3 A Noise Impact Study was submitted in support of the rezoning application to address
noise from Meadowglade Road and Bloor Street. The study found that noise levels for
the outdoor amenity space (rear yards) exceed permitted levels and will therefore
require mitigation measures in the form of noise fencing along the south side and rear
property lines. The proposal includes landscaping along the length of the fencing and
architectural features along the fencing itself to further address streets cape issues.
Comments from Clarington Operations and Engineering Services require the
landscaping along the fence be eliminated and replaced with articulation in the form of
inward jogs in the fence which will contain low maintenance landscaping.
REPORT NO.: PSD-052-07
PAGE 6
8.4 Given the unsuccessful attempts to create an attractive streetscape for Beckett
Crescent with the upgraded dwelling fayades facing Meadowglade Road, staff feel that
this application to rezone the two townhouse blocks to allow for the access, garage and
front yard to face Beckett Crescent is warranted. This arrangement would ultimately
produce the most desirable outcome, from a design perspective; keeping in mind the
functionality of the site remains unaltered by this application.
8.5 Staff have requested the noise fence be amended to include a total of 3 jogs into the
rear yard to a depth of 2 metres to accommodate planting of vegetation. These blocks
are required to be dedicated to the Municipality of Clarington. The subdivision
agreement requires site plan approval for these two blocks and through this process the
applicant will be required to detail the noise fence and dedicate the blocks to the
Municipality.
9.0 CONCLUSION
Staff have not received any objections as a result of the agency circulation. Staff have
acknowledged and taken into consideration the concerns expressed as a result of public
notice pertaining to increased traffic, on-street parking and safety. Although the units
were originally draft approved to front onto Meadowglade Road, vehicular access was
always proposed to be from Beckett Crescent. The landscaping and architectural detail
along the noise attenuation fencing will be addressed through site plan application to
satisfy the requirements of the Municipality. Staff recommend that the application to
rezone the subject lands from "Urban Residential Exception (R3-17)" to "Urban
Residential Type Three (R3)" Zone to permit the development of twelve (12) townhouse
units be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
List of interested parties to be advised of Council's decision:
Michelle Courville
Prestonvale Heights Limited
Trina Conely
Sernas Associates
Attachment 1
To Report PSO-052-07
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Attachment 2
To Report PSD-052-07
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 Corporation of 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 ZBA 2007-0010;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Urban Residential Exception (R-17)" to "Urban Residential Type Three (R3) Zone",
2, Schedule "A" attached hereto shall form part of this By-law,
3, This By-law shall come into effect on the date of the passing hereof, subject to the
provision of Section 34 of the Planning Act.
By-law read a first time this
14th
day of
May
2007
By-law read a second time this
14th
day of
May
2007
By-law read a third time and finally passed this
14th day of
May
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007-
passed this day of '12007 A.D.
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rzz2] Zoning Change From IR3-17" To "R3"
Jim Abernethy. Mayor Patti L. Barrie, Municipal Clerk
GORD VINSON A VENUE
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