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HomeMy WebLinkAboutPSD-091-07 CJD1glon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 30, 2007 ~eso\ U~Dn : b PA ,. tflZ -07 Report #: PSD-091-07 File #: ZBA 2007-0021 By-law #: ~ 00,- 'J"3 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-091-07 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-091-07, and the attached amending By-law be forwarded to the Durham Regional Planning Department; and 4. THAT the Region of Durham, the applicant, the Municipal Property Assessment Corporation, all interested parties listed in this report and any delegations be advised of Council's decision and forwarded a Notice of Adoption. Submitted by: .ReVieWedbya~~ ~ Davi . Crome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer SA2/CP/DJC/df July 18, 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-091-07 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 redefine the front and rear yards for the six (6) townhouse units approved for this block as part of the original Draft Approved Plan of Subdivision. 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. 2.2 The original draft approved townhouse block was zoned to eliminate the need for a noise fence and provide for an aesthetically-pleasing streetscape facing Meadowglade Road, the arterial road. Vehicular access was off of Shuttleworth Drive, but the dwellings were situated closer to the arterial, and the "rear" door facing Meadowglade Road was upgraded to appear and be defined as the front door to the dwelling. After attempting to arrive at a suitable design, in compliance with the zoning, the owner has requested to revert back to the traditional arrangement with the noise fencing along Meadowglade Road and both vehicular access and the front yard on the Shuttleworth Drive frontage. 2.3 The subject application is necessary since the Zoning By-law defined the Meadowglade Road frontage of the block as the "front yard" so that the "rear yard" amenity area facing Shuttleworth Drive would meet Ministry of Environment guidelines for noise levels. 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 increase in the number of units permitted and 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 onto Beckett Crescent. 2.4 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 rear property line of all units abutting Meadowglade Road and along the REPORT NO.: PSD-091-07 PAGE 3 side yard of the southern most unit in order to reduce the noise levels in the rear yard of the proposed lots. The study recommends 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 measure 0.15 hectares (1,500 m2) and is currently vacant. Figure 1: View of the subject property looking west 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. REPORT NO.: PSD-091-07 PAGE 4 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. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan The Durham Region 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 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 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 'C' Arterial. Type 'C' 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 use does not comply to the provisions of this zone and therefore this rezoning application is necessary. 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: REPORT NO.: PSD-091-07 PAGE 5 . 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 the 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. 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 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 tp 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. 8.2 In response to the public notice, concerns were received regarding the traffic and congestion surrounding the nearby public elementary school, prevalence of on-street parking on Shuttleworth Drive and Robert Adams and Partner Drives, and the future parking and traffic situation once the proposed secondary school is built. Two callers indicated they would like to see the land be used instead for a parkette and additional parking area for the elementary school. There were no additional concerns raised at the public meeting. 8.3 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 face 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. 8.4 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 REPORT NO.: PSD-091-07 PAGE 6 and will therefore require mitigation measures in the form of noise fencing along the rear property lines and along the side yard of the most southerly unit. The barrier should be joined with the adjacent barrier at 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. 8.5 Given the unsuccessful attempts to create an attractive streetscape for Shuttleworth Drive with the upgraded dwelling fac;ades facing Meadowglade Road, staff feel this application to rezone the subject townhouse block to allow for the access, garage and front yard to face Shuttleworth Drive 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. 9.0 CONCLUSION 9.1 Staff have not received any objections as a result of the agency circulation. Staff have reviewed and taken into consideration the concerns expressed as a result of the public notice pertaining to increased traffic, on-street parking and the exacerbation of traffic congestion once surrounding lands develop. Although the units were originally draft approved to front onto Meadowglade Road, vehicular access was always proposed to be from Shuttleworth Drive. The landscaping and architectural detail along the required noise attenuation fencing will be addressed through site plan application to satisfy the requirements of the Municipality. Staff recommends 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 six (6) 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: Prestonvale Heights Limited Sernas Associates Rubi Sulyma Chris Tassone Attachment 1 rt PSD-091-07 To Repo I- Z w :E c ~z Nw o:E qc:e g~ N, <(> 10m Nc) z z 2 " .! "e ::i II J: Q "i ::J: G) c; > c o U) ! D. i.: G) c ~ o ~ ()~ ~ - ,---- -- --~(J@ iI---- _ _ _ _ 19~:: "1 '"'"'oor~?f Zi '. ;'t' :t~~ ~ ------- I V / '~"""O''('':''''''OI ~J G'o'oy ~ OV 7DMOtfV'3 PV ( --- 6~CJJSJCJ 4Jf'"O) aL )fJ07e Q , "'" " .. ~ () M Attachment 2 To Report PSD-091-07 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 of 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 2007-0021; 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 (R3-17)" 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 provisions of Section 34 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 This is Schedule "A" to By-law 2007- passed this day of ~ 2007 A.D. , ~ Zoning Change From IR3-17" To IR3" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk iLOOR SiRE:; c: J:j "H 1I1111111111 ~ IBJRM': '" c; Q: u "?RY ~ ll,.J "'I::: Cl"" '::~ ~~ ~ illIfTIfiIIo~ c;OHD '",./,\''50;',/ AV[/',',!.;'E 1111 II I I I II..... ,.......\1 r Courtice