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HomeMy WebLinkAboutPSD-080-07 ~~!1!ilJglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 18, 2007 ~60\\A4-1OhitE;f11-ttd~~Ol Date: Report #: PSD-080-07 File #: ZBA 2007-0021 By-law #: Subject: REZONING TO REDEFINE THE FRONT YARD OF SIX (6) 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-080-07 be received; 2. THAT the rezoning application submitted by Prestonvale Heights Limited be referred back to staff to complete the review and address any concerns raised at the Public Meeting; and 3. THAT the Region of Durham, the applicant, all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: David . Crome, M.C.I.P., R.P.P. Director, Planning Services Reviewed by: () ~~ Franklin Wu Chief Administrative Officer SA2/C P /DJ C/df 11 June 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-080-07 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 redefine the front yard to permit the development of six (6) townhouse units fronting on Shuttleworth Drive, where they were originally draft approved with the front yard facing Meadowglade Road. 1.4 Area: 0.15 ha (1,500m2) 1.5 Location: Part Lot 34, Concession 2, former Township of Darlington 2.0 BACKGROUND 2.1 On May 4, 2007, Prestonvale Heights Limited submitted an application to rezone Block 177 within Registered Plan 40M-2148, located at the northwest corner of Partner Drive and Meadowglade Road to permit the development of six (6) townhouse units fronting on Shuttleworth Drive. Six (6) townhouse units were approved for this block as part of the original Draft Approved Plan of Subdivision. 2.2 The townhouse block is bounded by Meadowglade Road on the east and Shuttleworth Drive on the west. As such, the properties have "frontage" on both streets. Due to access restrictions on arterial roads, the normal treatment in this situation is to provide for the front door of the dwelling and vehicle access for the lot from the local road (Shuttleworth Drive in this case). This requires a noise attenuation fence to be built along the arterial road, or rear lot line (Meadowglade Road) in this case in order to satisfy the Ministry of Environment (MOE) Guidelines for noise in the outdoor amenity area of the property. These are referred to as "reverse frontage" lots. 2.3 Over the past decade, there has been a trend to avoid the use of extensive noise fences wherever possible, primarily through the provision of "window" streets adjacent to the arterial road. 2.4 In the case of the townhouse block along the Meadowglade section of Shuttleworth Drive, the design intent was to try to eliminate the need for a noise fence and provide for an aesthetically-pleasing streetscape by: · Moving the houses closer to the arterial road and providing a larger area for outdoor amenity space on the Shuttleworth Drive side of this lot. · Upgrading the house design on the "rear" fac;ade, Meadowglade Road, to appear to be defined as the front door to the home. · Maintaining vehicle access to the lots from the Shuttleworth Drive side of the lot. REPORT NO.: PSD-080-07 PAGE 3 2.5 This is the design solution that was used along the Townline Road frontage south of Bloor Street and on Sprucewood Crescent in Bowmanville for the condominium blocks. However, it works best in a rear lane or a condominium situation. After a number of attempts to arrive at a suitable design, staff and the owner have determined to revert to the traditional arrangement with the noise fence along Meadowglade Road. 2.6 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 Shuttleworth Drive would meet MOE guidelines. The change in the defined "front yard" proposed through this rezoning application is simply to allow the reverse frontage design to proceed. There is no change to vehicular access; it was always to occur from Shuttleworth Drive. This is similar to a recent rezoning Council approved for units fronting on Beckett Crescent. 2.7 The applicant submitted a Noise Impact Study to address the concerns regarding noise exposure from Meadowglade Road. The study concluded that noise fencing will be required along the rear property line of all units abutting Meadowglade Road and along the side yard of the southern most unit in order to reduce the noise levels in the rear yard of the proposed lots. It was recommended that a clause warning home buyers that noise levels from potentially increasing traffic may interfere with some activities be included in all agreements of purchase, sale or lease. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property and area subject to rezoning measures 0.15 hectares (1,500 m2) and is currently vacant. 3.2 The surrounding uses are as follows: North - Residential South - Partner Drive, and beyond Residential East - Meadowglade Road and beyond, a Public Elementary School, vacant lands West - Shuttleworth Drive and beyond, Residential 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 for a greater variety of housing types to meet the needs of people at all stages of life. The application conforms. REPORT NO.: PSD-080-07 PAGE 4 5.0 OFFICIAL PLANS 5.1 Durham Reqional 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 tenure. The subject proposal for six (6) townhouse units conforms. 5.2 Clarinqton 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 for 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. Meadowglade Road is classified as a Type IC' Arterial. Type lC' Arterials 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 defines the front yard for the townhouse units to be on Meadowglade Road with vehicular access from Shuttleworth Drive, whereas the subject application proposes the townhouse units with a Shuttleworth Drive frontage and access (reverse frontage lots). The proposed design does not comply to the provisions of this zone and therefore this rezoning application is necessary. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject lands and a public notice sign was installed on each of the Partner Drive, Meadowglade Road and Shuttleworth Drive frontages. 7.2 At the time of writing, staff has received calls from two residents concerned with the proposal. Residents of the area are concerned with the current traffic situation and the congestion created when parents park to pick up children at the nearby public elementary school. The callers stated that on-street parking was currently a problem on Shuttleworth Drive as well as Robert Adams and Partner Drives, which they feel are too narrow. The callers indicated that surrounding residents do not support the approval of the townhouse units and that they would like to see the land be used instead for a parkette and additional parking or drop-off/pick-up area for the elementary school REPORT NO.: PSD-080-07 PAGE 5 nearby. Concerns were also expressed about the future parking and traffic situation once the proposed secondary school is built. 8.0 AGENCY COMMENTS 8.1 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 Engineering, Clarington Building Division and Clarington Fire and Emergency Services indicated that they have reviewed the subject application and do not have any concerns; · Clarington Operations provided comments pertaining to the proposed noise wall, advising that noise fence could contain strategically located jogs onto private property complete with appropriate plantings; 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. 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. 9.0 STAFF COMMENTS 9.1 The policies of the Regional Official Plan and the Clarington Official Plan limit individual private access to arterial roads. The subject block is located along Meadowglade Road, a Type "C' arterial. 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 elevation of the dwelling to appear as if it contained the front door of the units facing Meadowglade Road. Vehicular access was to be maintained from the local road, Shuttleworth Drive, and any proposed garages were to face Shuttleworth Drive. 9.2 The owner/builder met with staff and expressed concern that the streetscape on Shuttleworth Drive was not consistent with the character of the neighbourhood by having stand alone garages and fenced rear yards. As a result, this application has been filed to allow the six (6) units to have their rear yard abutting Meadowglade Road and the front of the dwelling facing Shuttleworth Drive. Access to the units was originally intended to be from Shuttleworth Drive and therefore the subject application will not have a significant effect on traffic patterns. Shuttleworth Drive meets the Municipality's standard width for a local road. An on-street parking plan was prepared prior to draft approval and the capacity for on-street parking was considered sufficient. 9.3 A Noise Impact Study was submitted in support of the rezoning application to address the noise from Meadowglade Road. The study found that noise levels for the outdoor amenity space (rear yards) exceeds the levels permitted by the Ministry of Environment and will therefore require mitigation measures in the form of noise fencing along the rear REPORT NO.: PSD-080-07 PAGE 6 property lines and along the side yard of the most southerly unit. The barrier should be joined with the adjacent barrier to the north to achieve an acceptable sound level in the rear yards. The study recommends that clauses warning of the elevated noise levels and the provision for adding central air conditioning be included in the subdivision agreement for the subject block and registered on title. The study also stipulates minimum requirements for building materials in order to ensure acceptable daytime indoor sound levels. 10.0 CONCLUSION 10.1 That in consideration of the concerns raised by the public notice, that the application be referred back to staff for further processing and a subsequent report. Attachment: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Prestonvale Heights Limited Sernas Associates Rubi Sulyma Chris Tassone SITE ~ ;~~~r 'YrAix. ---- ---- ~~[-~~~.:.;. ,~~. ,~tl::;S ./ Property Location Map ( Courtice ) ZBA 2007-0021 ZONING BY-LAW AMENDMENT -; o :::u CD "0 o ;:J.):- ""0- cniii 00 I :r 03 CX>CD ?::J 0- ...... -" Owner: Prestonvale Heights limited