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HomeMy WebLinkAboutPSD-082-07 CJlJlpn REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~sdvrhO)1 =it~PH.- ~Jb-07 Monday, June 18, 2007 Meeting: Subject: File #: ZBA 2004-029 By-law #:~o(), -\S-3 (X-Ref: SPA 2004-019) PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A MIXED USE DEVELOPMENT APPLICANT: PRESTONV ALE HEIGHTS LIMITED Report #: PSD-082-07 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-082-07 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 By-law to remove the Holding (H) symbol be forwarded to Council at such time as all the conditions related to the development of these lands have been fulfilled; 4. THAT a copy of Report PSD-082-07, and the attached amending By-law be forwarded to the Durham Regional Planning Department and the Municipal Property Assessment Corporation; and, 5. 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: i J. Crome, M.C.I.P., R.P.P. ctor, Planning Services Reviewed bO~ ~ Franklin Wu Chief Administrative Officer SA2/CPIDJC/df 12 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-082-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Heights Limited 1.2 Agent: Sernas Associates 1.3 Rezoning: To rezone the subject lands from "Agricultural (A)" Zone to an appropriate zone to permit the development of a commercial/residential mixed development with 1020 m2 of ground floor commercial space and eight (8) residential units on the second floor. 1.4 Area: 0.679 hectares (6790 m2) 1.5 Location: 15 Rosswell Drive, Block 187, registered Plan of Subdivision Plan 40M- 2148, located on the east side of Rosswell Drive, south of Bloor Street and north of Dewell Crescent. 2.0 BACKGROUND 2.1 On June 7,2004, Prestonvale Heights Limited submitted a rezoning application and site plan application for 15 Rosswell Drive located on Block 187 within 40M-2148, to permit a two storey mixed use development with 1020 m2 of ground floor commercial space and eight (8) residential units on the second floor. 2.2 The processing of the subject applications was delayed because the applicant was pursuing an alternate avenue for the development which would have provided a single commercial use for the site. However, earlier this year, the applicant reverted back to the original proposal and as such, staff are proceeding with the processing of the applications. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is currently vacant and is located within a registered plan of subdivision. The lands are bound by Rosswell Drive on the west, Bloor Street to the north and Dewell Crescent to the south. 3.2 The surrounding uses are as follows: North - Vacant Secondary School Site South - Residential East - Vacant Secondary School Site West - Residential 4.0 OFFICIAL PLANS 4.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area. Living REPORT NO.: PSD-082-07 PAGE 3 Areas shall be used predominantly for residential purposes. Limited office development and retailing of goods and services may be permitted in appropriate locations as components of mixed-use developments, provided that Local Central Areas are designated in the area Municipal Official Plan. The development proposal for a commercial/residential mixed use development conforms. 4.2 Clarinqton Official Plan The Clarington Official Plan designates the subject lands as Neighbourhood Centre. Neighbourhood Centres are to serve as focal points for residential communities and provide for day to day retail and service needs. The maximum gross leasable f100rspace in anyone Neighbourhood Centre shall be 5000 m2. This designation encourages mixed-used developments with a range of retail and service uses that are limited in scale and are appropriate to be located adjacent to residential areas. This development is also subject to the following site development criteria and urban design principles that are identified in section 10.6.4 of the Official Plan for Neighbourhood Centres. These policies require the development to provide for the following: . a maximum floorspace index of 0.30 for retail uses; . a maximum combined floorspace index of 0.50 where there are second storey office or residential uses; . a maximum gross leasable floor area of 500 m2 for any individual store; . street-related buildings forms are preferred but as a minimum, direct pedestrian access will be provided from the street to some stores within 4 metres of the streetline; . land use compatibility between commercial and residential buildings shall be achieved through appropriate building siting, design and landscape treatment; . high quality landscape treatment shall be provided; . building form and siting shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space; . refuse collection areas will be internal to building; . loading areas and refuse collection areas shall be unobtrusive, anticipated noise impacts will be mitigated, the areas will be screened where necessary and shall generally be located at the side or rear of the building; and . common vehicular access and internal circulation including service lanes connecting and abutting properties should be provided where possible. 5.0 ZONING BY-LAW 5.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" zone which does not permit the proposed mixed-use development. In order to permit the proposed development, a rezoning application was submitted for consideration. REPORT NO.: PSD-082-07 PAGE 4 6.0 AGENCY COMMENTS 6.1 Clarington Emergency Services, Rogers Cable and Enbridge Gas offered no concerns or objections to this proposal. 6.2 Clarington Engineering Services Department has no objection to the proposal in principle, however, they have provided a number of comments which need to be addressed through the related site plan approval process. The following highlights some of the comments: . Actual development on the subject lands cannot occur until the adjacent urban road network has been constructed to a standard that is acceptable to the Director of Engineering and the Region of Durham Works Department; . All of the on-site storm sewer services must be compatible with the engineering design that is ultimately approved for the adjacent roadways; . The maximum depth of ponding in the parking areas must be identified. Storm sewer design sheets must be submitted in support of this application; and . The applicant must enter into a development agreement with the Municipality which includes all requirements of the Engineering Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. 6.3 The Clarington Building Services Division offered no objection to the rezoning but provided design comments to be addressed prior to site plan approval. . A barrier-free path of travel will be required to the main entrances of the building from the barrier-free parking spaces. A curb ramp per the Ontario Building Code will be required from the driveway to the top of the sidewalk at 3 locations near the barrier-free parking spaces. The elevation of the sidewalk at the main entrance to the building must be level with the floor elevation of the building. . The building must be located not less than 3m and not more than 15m from the fire access route as required by the Ontario Building Code. 6.4 Durham Regional Planning and Durham Regional Works advised they have no objection to the application. The Regional Official Plan designation allows for commercial uses in appropriate locations, as components of mixed-use development. Municipal water supply is available from an existing watermain located on Rosswell Drive. Municipal sanitary sewers are also available from an existing sewer on Rosswell Drive. The applicant will be required to submit site servicing drawings to the Region for approval prior to the issuance of the building permit by the area Municipality. The subject site abuts Bloor Street, a Type 'A' arterial road. A noise study is recommended to review the impact of vehicular noise on the proposed residential development. 6.5 The Central Lake Ontario Conservation Authority reviewed the subject application and advised that the subject site is located within the Robinson Creek Watershed. The Robinson Creek Master Drainage Plan indicates that the storm drainage from this location is to be conveyed to the existing facility within the Robinson Ridge subdivision. REPORT NO.: PSD-082-07 PAGE 5 CLOCA requests that the consulting engineer provide confirmation that the existing facility has been designed to accommodate stormwater flows from the site and provide both water quantity and quality treatment of these flows. CLOCA requests that the consulting engineer identify on the submitted grading plans, the proposed major overland flow routes within the proposed site and demonstrate that there are no adverse impacts due to the proposed building. They also require an Erosion and Sediment Control Plan submitted for their approval. Prior to any filling and/or grading on the subject site, the written approval of the Authority is required. 6.6 Bell Canada indicated that they will require one or more conduits of sufficient size from each unit to room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the telecommunication facilities are located to the street line. 7 .0 STAFF COMMENTS 7.1 The application is to permit a mixed-use development on a triangular parcel of land bound by three roads. The use is consistent with the land use designation and the draft approved plan of subdivision. 7.2 Staff has met with the applicant and their design team to address concerns that the proposed development did not meet the urban design principles contained in the Official Plan. After considerable consultation, staff and the applicant have agreed upon design modifications to the original proposal that satisfy both parties. Attachment 2 depicts the latest version of the proposed building elevations. The elevations will be subject to further changes prior to the execution of site plan approval. 7.3 The entrance feature for the southeast corner of Bloor Street and Rosswell Drive has been upgraded from the original proposal to include an entryway structure identifying the development, diverse beds of planting and trees, related benches and paving patterns, wrought iron fencing and decorative pillars, and direct pedestrian access to the development itself. 7.4 The Clarington Official Plan policies for Neighbourhood Centres require direct pedestrian access between the street and some stores within 4.0 metres of the street line. Due to the irregular lot shape direct access to the residential units has been provided, but not the commercial units. However, an adequate network of pedestrian connections which allow for safe pedestrian movement has been provided. Staff has found this to be a suitable substitute. 7.5 The rezoning will maintain a Holding (H) symbol until such time as staff is satisfied that all the issues related to site plan approval of the development of these lands have been fulfilled. REPORT NO.: PSD-082-07 PAGE 6 8.0 CONCLUSION 8.1 Staff has not received any objections as a result of the agency circulation or public notice. The concerns expressed by staff pertaining to urban design have been resolved to the satisfaction of the Municipality. The agency comments that have yet to be addressed can be dealt with through the site plan approval process. At this time, Staff respectfully recommends that the application to rezone the subject lands from "Agricultural (A)" Zone to "Holding - Neighbourhood Commercial Exception ((H) C2-10)" Zone to permit a commercial/residential mixed-use development be APPROVED. Attachment: Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed Elevations List of interested parties to be advised of Council's decision: Prestonvale Heights Limited Sernas Associates Hugh Neil Robin Gailbraith Attachment 1 To Report PSD-082-07 Lot 34 , Concession 2 ~ -'..J' I. /. i:- J' , ;, /" I 1/ -~~ '..:~~..:... . ........ -'-<~_. .....;:..~:: Ell BLOOR STREET (DEWELL CREal '\ ((:.'- '. ~ ZBA2004-029 Zoning By-law Amendment Owner: Prestonvale Heights Ltd. II ,n ',' I ,j ill i' !illll!ld 1'1 II! I iin ifl!i 1,liI '1"11 "1'" ,',nUII,I',!!i II! II!I, Ii Ii ?-~ n 11>-<1 i i i ' i ! I i ! I i I I H r' ~I~'I >-J i j 1 ! I I i i i ~ 'i'-'-<; i i . i I i -L----e i i . , I I i i -t-----e i i . . I I i -+-----e I i . , I I i I -t-~---e i i i i i -+----e i i i i i i t----e i I . i I i -L----e i I ~z "0 i i:~ i ~d i ~~.8 '1'~'~0 ! H ,-, 11>-<1 ,-, I ! ! ! I ~ Attachment 2 To Report PSD-082-07 'i! C'li i g ~ . ;;:,~ "'! ~ I 7--li5S!,. [t; I' l . ~ V ~ ~15" cd ,) ~ I ~~I!1 @~ Ii ,R O;g'"(J ~ ~ g'-"'~ .~ . 0 f ~ \.;;......VJ 'I LLJ: Attachment 3 To Report PSD-082-07 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 2004-029; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 17.5 "SPECIAL EXCEPTIONS - NEIGHBOURHOOD COMMERCIAL ZONE" is hereby amended by introducing a new Subsection 17.5.10 as follows: "17.5.10 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-10) ZONE" Notwithstanding Section 17.1 those lands zoned (C2-10) as shown on the Schedules to this By-law may in addition to other uses permitted in the "C2" Zone, permit a convenience store. Notwithstanding Section 17.3 those lands zoned (C2-10) as shown Schedules to this By-law shall be subject to following zone regulations: a) Regulations for Non-Residential Uses: i) Total Floor Area (maximum) ii) Setback from south Street Line (minimum) on the 1050 m2 4.0 metres 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" Zone to "Holding - Neighbourhood Commercial Exception ((H) C2-10) Zone" as shown 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 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 Barrie, Clerk This is Schedule "A" to By-law 2007- , passed this day of ~ 2007 A.D. ~ DEW ELL eRE seE N T II (f!;,----TI: I T i:1 Tn TliilTr-=- - ~ Zoning Change From "A" To "(H)C2-10" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk BLOOR STRfET J ~l TURNBERRY CRESCENT I ITIIIJIITIIIID d-;aCII:l:f@ AVE:NUE fTIANI( Wl/ffLER AlE 0 ~ml(~~. Courtice