HomeMy WebLinkAboutPSD-010-09CI~1i[1~O11
Leading the Way
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMDMITTEE ,p
Date: Monday, January 19, 2009 ~le~JO~k-~~~~T ~~~5^~~
Report #: PSD-010-09
File #: ZBA 2008-0029 By-law #: ~;Jpppj _ p~
Subject: APPLICATION TO AMEND THE ZONING BY-LAW TO PERMIT THE REPLACEMENT
OF 8 APPROVED DETACHED DWELLINGS WITH 71 TOWNHOUSE DWELLINGS IN
PHASE 7 OF THE WILMOT CREEK COMMUNITY
APPLICANT: RIDGE PINE PARK INC. ON BEHALF OF CANADIAN APARTMENT
PROPERTIES REIT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
THAT Report PSD-010-09 be received;
2. THAT the rezoning application submitted by Ridge Pine Park Inc. on behalf of Canadian
Apartment Properties REIT be APPROVED and that the Zoning By-law Amendment as
contained in Attachment 1 be ADOPTED by Council provided there are no significant issues
raised at the public meeting;
3. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the
applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a
Site Plan Agreement; and
4. THAT all interested parties listed in Report PSD-010-09, any delegations, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by:
David `J. Crome, MCIP, RPP
Director of Planning Services
BR/CP/sh/df
January 12, 2009
Reviewed by: ~/ (~`-'~-~ ~-' w
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-010-09
1.0 APPLICATION DETAILS
1.1 Owner:
1.2 Applicant:
1.3 Rezoning:
1.4 Area:
Canadian Apartment Properties Real Estate
Investment Trust Limited Partnership
Ridge Pine Park Inc.
Appropriate to permit proposed 11 townhouse unit
development.
Area to be developed: 0.47 hectares (1.16 acres).
1.5 Location: The area to be developed is at the. north end of Phase
7 in the Wilmot Creek Community, on the south side
of the northernmost segment of Heatherlea Drive, in
Part of Lot 4, Broken Front Concession, former
Township of Darlington.
2.0 BACKGROUND
2.1 On November 13, 2008, the Planning Services Department received from Ridge
Pine Park. Inc. on behalf of Canadian Apartment Properties Real Estate
Investment Trust Limited Partnership an application to rezone the lands at the
north end of Phase'? in the Wilmot Creek Community, on the south side of the
northernmost segment of Heatherlea Drive from eight (8) single detached
dwellings to permit 11 townhouse dwellings (Attachment 1). A site plan
amendment to implement the proposed rezoning was submitted concurrently
(Attachment 2).
2.2 In support of the rezoning and site plan amendment a stormwater management
addendum to the original. Phase 7 report was submitted as well as a planning
summary letter and an energy management summary.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The area to be developed is currently vacant.
3.2 The surrounding land uses are as follows:
North: Heatherlea Drive and beyond, acoustical berm topped with
an acoustical fence
South: Single detached dwellings and beyond, Kissingbridge Lane
East: .Heatherlea Drive and beyond, single detached dwellings
West: Acoustical berm topped with an acoustical fence
REPORT NO.: PSD-010-09
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
3
The proposed development is within an urban area and abutting a fully serviced
settlement area and is, in short, a land use that appears to be consistent with the
policy statement.
4.2 Provincial Growth Plan
This intensification of residential development is in an urban area with full
municipal services. The application would appear to conform to the Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham. Regional Official Plan designates the proposal area as Living Area
and the application appears to conform.
5.2 Clarington Official Plan
The Clarington Official Plan designates all of the property as Urban Residential
within Special Policy Area B. The Special Policy Area recognizes the private
leasehold community catering to seniors or retired residents. A maximum of 960
residential units are permitted and the substitution of eight single detached units
with 11 townhouse units results in a total of 950 units in the special policy area.
It appears the application conforms.
6.0 ZONING BY-LAW COMPLIANCE
6.1 The property is zoned "Urban Residential Exception (R2-42)". Only single
detached dwellings are permitted, hence, this rezoning application.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Stormwater Management Addendum
The increased runoff from the townhouses can be handled by the existing storm
sewer, drainage pipes, overland flow routes (swales) and stormwater
management pond (No. 3).
REPORT NO.: PSD-010-09
7.2 Planning Summary Letter
PAGE 4
The conversion of single detached units to townhouse units is in conformity with
the maximum dwelling unit requirement of 960. Townhouses exist in Phase 6 of
Wilmot Creek Community and so the use is not new. No official plan amendment
is required. A draft of the zoning by-law amendment has been provided. Zoning
regulatory amendments are proposed including:
• a reduction in minimum lot area;
the inclusion of a minimum lot frontage;
• an increase in maximum lot coverage;
• a reduction in minimum gross floor area;
• a reduction in rear yard setback; and
• the inclusion of a minimum separation between dwelling blocks.
7.3 Energy Management Summary
The proposed townhouse units have the following energy-saving aspects:
• Low E/Argon EnergyStar windows;
• Insulated garage doors;
• Drywalled garages;
• Blown and batt attic insulation;
• Full height basement insulation;
• EnergyStar appliances;
Foam backed exterior wall receptacles;
• Low flush toilets;
Volume controlled faucets;
• Mixing valves for faucets and dishwasher; and
• Energy/resource saving construction management.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the
subject property. A public notice sign was installed on the south side of
Heatherlea Drive. A copy of the public notice (including the map) was posted at
the Community Information Board at the Wheelhouse Recreation Centre. As a
result of the public notification process, to date, the Planning Services
Department has received no inquiries or comments.
9.0 AGENCY COMMENTS
9.1 The rezoning application was circulated to various agencies and other
departments by the Planning Services Department. The Clarington Building
Division, Clarington Emergency and Fire Services, and the Clarington
REPORT NO.:
PAGE 5
Engineering Services Department, along with Hydro One and Rogers Cable had
no objections. Other comments received to date are as follows.
9.2 Bell Canada had no objections, but provided three conditions of site plan
approval
9:3 Enbridge Gas had. no objections, and provided four conditions of site plan
approval
9.4 The Central Lake Ontario Conservation Authority had no objection to the
rezoning. However they did require further information on a calculation
contained in the Stormwater Management Addendum prior to finalizing
comments on the site plan application.
9.5 Regional Planning notes the proposal conforms to the Durham Regional Official
Plan. The subject lands are in a "High Aquifer Vulnerability Area" but since the
proposed land use is not "high .risk" no further work is required. The proposal is
consistent with the Provincial Policy Statement and the Growth Plan and there
are no other matters of provincial interest. Given the three extra dwellings,
existing service connections must be reconfigured, and new ones provided. The
drawings providing all required engineering details can be submitted within the
site plan amendment process.
10.0 STAFF COMMENTS
10.1 The proposal is a small intensification, appropriate to this mostly existing
neighbourhood and therefore, is supported. Staff is satisfied with the proposed
amendment to the Zoning By-law including the new regulations. The proposed
townhouses incorporate energy management features which is also supported.
10.2 With the scale of the proposal and the aid of Clarington's pre-consultation
process, agency issues were resolved at an early date. The stormwater
management details requested by Central Lake Ontario Conservation can be
finalized through the site plan amendment application. All other agencies are
satisfied with the proposed changes.
10.3 The Finance Department advises that the taxes for the subject property have
been paid in full
11.0 CONCLUSION
11.1 It is respectfully recommended that the rezoning application be APPROVED, as
contained in Attachment 3.
REPORT NO.: PSD-010-09
PAGE 6
Attachments:
Attachment 1: Location Plan
Attachment 2: Site Plan
Attachment 3: Zoning By-law Amendment
Interested parties to be notified of Council's decision:
Ridge Pine Park Inc.
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Attachment 1
To Report PSD-010-09
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Attachment 2
To Report PSD-010-09
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Attachment 3
To Report PSD-010-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
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 application ZBA 2008-0029;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Section 14.6 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE THREE
(R3) ZONE" is hereby amended by adding thereto, the following new Special
Exception 14.6.34 as follows:
"14.6.34 URBAN RESIDENTIAL EXCEPTION (R3-34) ZONE"
For the purposes of establishing density, the total number of dwelling units in the
R2-16, R4-20, R2-42 and R3-34 zones shall not exceed 960 mobile home/single
detached dwellings.
a) PERMITTED USES
Townhouse Dwellings
b) REGULATIONS FOR PERMITTED USES
Each townhouse dwelling shall be located on a single land-leased parcel.
For the purposes of this exception zone, the following specific regulations
shall apply as if the land-leased parcels are lots:
i) Site Area (minimum) 300 square metres
ii) Site Frontage (minimum) 9.0 metres
iii) Site Coverage (maximum) 55%
iv) Site Landscaped Open Space (minimum) 30%
v) Gross Floor Area (minimum) 60 square metres
vi) Yard Requirements (minimum)
a) Front and Exterior Side Yards 4.5 metres to dwelling
and 1.D metres
to garage or carport
b) Rear Yard 6.5 metres
c) Between Dwelling Blocks 4.0 metres
vii) Building Height (maximum) 10.0 metres
2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from 'Urban Residential Exception (R2-42) Zone"
to "Holding-Urban Residential Exception ((H)R3-34) Zone' as illustrated 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, subjert to
the provisions of Sections 34 and 36 of the Planning Act.
BY-lJ1W read a first time this day of 2009
BY-LAW read a second time this day of 2009
BY-LAW read a third time and finally passed this day of 2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2009- ,
passed this day of , 2009 A.D.
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® Zoning Change From "R2-42" To "(H)R3-34"
Jim Abernethy, Mayor
Patti L. Barre, Municipal Clerk
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