HomeMy WebLinkAboutPSD-091-07
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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
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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
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