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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE11
Date: Monday, February 2, 2009 ~~~'~ Lth ~'
Report #: PSD-013-09 File #: ZBA 2008-0022 and By-law #:
S-C 2007-0004
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Subject: ZONING BY-LAW AMENDMENT AND MODIFICATION TO DRAFT
APPROVED PLAN OF SUBDIVISION
APPLICANTS: BAYSONG DEVELOPMENTS INC.
DATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-013-09 be received;
2. THAT the application for Zoning By-law Amendment (ZBA 2008-0022) and proposed
modification to Draft Approved Plan of Subdivision (S-C 2007-0004) submitted by
Baysong Developments Inc. be referred back to staff for further processing upon receipt
of all supporting information and consideration of comments received at the Public
Meeting; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David J. Crome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
c
Reviewed by:
CS/CP/df/sh
23 January 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (9051623-3379 F (9051623-0830
NO.: PSD-073-09 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Baysong Developments Inc.
1.2 Agent: Tunney Planning Inc.
1.3 Proposed Rezoning: To change the current zoning on this property from:
"Agricultural Exception (A-1) Zone", "Holding- Urban
Residential Exception ((H) R1-72) Zone", "Holding -Urban
Residential Exception ((H) R2-53) Zone", "Holding -Urban
Residential Exception ((H) R2-54) Zone", "Holding-Urban
Residential ((H)R2-55) Zone', "Holding-Urban Residential
((H) R2-56) Zone", "Holding -Urban Residential ((H) R2-
57)" "Holding Urban Residential ((H) R3-31) Zone°, "Holding
-Urban Residential ((H) R3-32) Zone" to appropriate zones
to permit the following:
• Increase the number of 10 metre residential lots from
127 to 137;
• Increase the number of 12 metre residential lots from
144 to 150;
• Decrease the number of 11 metre residential lots from
49 to 3;
• Introduce 29 new 11.3 metre residential lots:
• Allow 22 street townhouse units in a mixed use
commercial/residential block identified as Block 925
on the Draft Approved Plan;
• Reduce the interior side yard setbacks on lots with 12
metre frontages and blocks for apartments. and/ or
townhouse dwellings;
• Increase lot coverage by eliminating unenclosed
porches and decks from the lot coverage provision;
• Reduce front yard and exterior yard setbacks for
steps; and
• Reduce the sight triangles for 7.5 metres to 6.5
metres in selected locations.
The number of residential units will remain at 907 units.
1.4 Modification to Draft Approved Plan of Subdivision S-C 2007-0004:
to make the appropriate adjustments in the lotting fabric to
recognize changes in lot sizes.
1.5 Area: 46.841 hectares
REPORT NO.: PSD-073-09
PA[;F '2
2.0 LOCATION
2.1 The subject lands are located on the north side of Concession Road 3, west of Middle
Road and east of Regional Road 57, being in Part lots 13 and 14, Concession 3 in the
former Township of Darlington (Attachment 1).
3.0 BACKGROUND
3.1 On September 17, 2008, Baysong Developments Inc. submitted an application for
rezoning. The application was amended on several occasions by the applicant's agent
and was finally deemed complete on December 18~h 2008. The subject application
proposes to make changes to various lot frontages to introduce lots having 11.3 metres
lot frontage, which can accommodate two car garages, permit larger porches and allow
for various architectural styles.
In addition, the rezoning proposes to add 22 townhouse units in a mixed use/
commercial block and rezone 7 lots currently zoned "Holding-Urban Residential ((H)R2-
55) Zone", from a minimum 12 metre lot frontage to 10 metre lot frontage to be
consistent with the Draft Approved Plan.
3.2 The modification to the Draft Approved Plan will recognize the adjustments to
approximately 44 lots to accommodate 29 new lots at 11.3 metres.
3.3 In March 2008, Council authorized the Director of Planning to issue Draft Approval of
Draft Plan of Subdivision S-C 2007-0004, submitted by Baysong Developments Inc.,
2084165 Ontario Limited and Kirk Kemp and Douglas Kemp. The implementing zoning
by-law amendment, By-law 2008-0065, was approved at that time. This application to
amend the zoning by-law currently under consideration is specific to only Phase 1 of the
Draft Approved Plan of Subdivision and a small portion of Phase 2, where there is a
discrepancy between the approved zoning and Draft Approved Plan (see Attachment 2).
4.0 LAND CHARACTERISTICS AND SURROUNDING USES
4.1 The lands subject to this rezoning application have been cleared of brush and trees and
rough graded to permit servicing of only Phase 1.
4.2 The surrounding uses are as follows:
North: Rural residential and Quarry Lakes Golf Course
South: Concession Road 3 and beyond, existing urban residential and
Hydro One's work depot
East: Auto wrecker, orchards, and subsequent phases of Draft Approved
Plan of Subdivision S-C 2007-004
REPORT NO.: PSD-013-09 PAGE 4
West: Regional Road 57 and beyond, estate residential and the
Bowmanville Creek Valley
5.0 PROVINCIAL POLICY
5.1 Provincial Policv Statement
5.1.1 The Provincial Policy Statement encourages planning authorities to create healthy
livable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreational and open space uses to meet long term needs.
5.1.2 Policy related to Settlement Areas, states that new development shall occur adjacent to
built up areas and shall have compact form, a mix of uses and densities that allow for
the efficient use of land, infrastructure and public services.
5.1.3 The subject applications are consistent with the 2005 Provincial Policy Statement as
they are proposing the development of a mixed use community with a range of housing.
types and densities. The subject lands are adjacent to the existing built-up area and will
make use of existing and planned infrastructure and public service facilities.
5.2 Provincial Growth Plan
5.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Growth is to be accommodated by building
compact, transit-supportive communities in designated greenfield areas and by reducing
dependence on the automobile through the development of mixed use, pedestrian-
friendly environments. Growth shall also be directed to areas that offer municipal water
and wastewater systems. Municipalities should establish an urban open space system
within built up areas which may include communal courtyards and public parks.
5.2.2 The application would appear to conform with the Provincial Growth Plan
6.0 OFFICIAL PLANS
6.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. The
intent of this designation is to permit the development of primarily residential areas with
defined boundaries, incorporating the widest possible range of housing types, sizes and
tenure, developed in an efficient and cost effective manner.
In consideration of development applications within designated Living Areas, regard
shall be had for the intent of this plan to achieve the following:
^ A compact urban form;
^ The use of good urban design principles;
REPORT NO.: PSD-013-09
PAGE 5
^ The provision of convenient pedestrian access to public transit,
educational facilities and parks; and
• The grid pattern of roads.
6.2 Clarinoton Official Plan
6.2.1 The subject lands are designated Urban Residential within the Clarington Official Plan,
with symbols for a neighbourhood park, public elementary school and for medium
density. In December 2007, Council approved Amendment No, 59 to the Clarington
Official Plan which approved, among other things, an increase in population of 6500
residential units and a housing target to 2175. These lands are within the Northglen
Neighbourhood. No change to the total number of units approved is proposed.
6.2.2 A Neighbourhood Centre designation is designated at the northeast corner of Regional
Road 57 and Concession Road 3, within the subject lands. 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 floorspace shall be 5000 mZ.
Neighbourhood Centres are intended to be developed with adjacent areas such as
transit nodes containing higher density residential uses, recreation, community, cultural
and institution uses.
7.0 ZONING BY-LAW
7.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1) Zone".
"Agricultural Exception (A-1) Zone", "Holding- Urban Residential Exception ((H) R1-72)
Zone", "Holding -Urban Residential Exception ((H) R2-53) Zone", "Holding -Urban
Residential Exception ((H) R2-54) Zone", "Holding-Urban Residential ((H)R2-55) Zone",
"Holding-Urban Residential ((H) R2-56) Zone", "Holding -Urban Residential ((H) R2-
57)", "Holding Urban Residential ((H) R3-31) Zone", "Holding Urban Residential ((H) R3-
32) Zone" to appropriate zones to permit the proposed changes requested for by the
applicant.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 The Public Meeting was originally scheduled for January 19, 2009, however due to
insufficient notification posted on the subject lands the Public Meeting was cancelled
and rescheduled to February 2, 2009. The second public notice was given by mail to
landowners within 120 metres of the subject site and the Public Notice signs were
placed on two road frontages in accordance with the Planning Act.
8.2 As of writing this report, Staff has not received any inquiries.
9.0 AGENCY COMMENTS
9.1 The subject rezoning application was circulated to various agencies and departments.
REPORT NO.: PSD-013-09 PAGE 6
9.2 Clarington Operations has concerns with the reduction in sight triangles.
9.3 Clarington Engineering has reviewed the subject applications and has requested a
revised draft plan to support the changes. In addition, a revised stormwater
management report must be submitted which assesses the increased stormwater run
off that will result from the increased lot coverage areas that are proposed. The report
must also demonstrate that the proposed stormwater management facility can be
adequately sized and designed in accordance municipal criteria. Depending upon the
effect of the increased lot coverage area a revised Servicing Report may also be
required.
The Engineering Service Department states that eliminating the unenclosed porches in
the lot coverage percentage is inappropriate since porches create an impervious area
and increase runoff and therefore must be included in the lot coverage calculations.
The Building Division has no objections to the proposed application.
9.4 The Region of Durham has advised that the subject lands are designated "Living Area"
in the Durham Regional Official Plan. Living Areas are to be used predominantly for
housing purpose. The applications appear to conform to the Plan.
Water and sanitary sewer services are currently at Concession Road 3, and West
Scugog Lane. The Developer will be required to enter into a Subdivision Agreement
with the Region for the installation/ extension of municipal water supply, municipal
sanitary sewers and associated road works along the Regional Road 57 frontage.
10.0 STAFF COMMENTS
10.1 The rezoning application submitted by the applicants seeks to make a multitude of
changes to the Zoning sy-law. The changes are in part to deal with revised lots sizes to
accommodate new 11.3 metres lot which allows for a two car garage. The 11.0 metre
wide lot did not permit atwo-car garage. The majority of the other changes are to allow
for larger homes with lesser setbacks.
The modification to the Draft Approved Plan is required to make the adjustment in the
lot lines.
10.2 Lot coveraoe
The applicant has requested that unenclosed porches be removed from the lot
coverage calculation. This effectively would increase the lot coverage for all lots with the
Phase 1 of the draft plan. The majority of the zones in this draft plan allow for lot
coverage of 40 percent for the dwelling and 45 percent for all other structures with the
exception of the lots where lot coverage is increased to 50 percent where 1 storey units
are permitted. Exemption in lot coverage for unenclosed porches and decks will allow
larger building footprint. This will increase the impervious surtace and increase the run-
off coefficient to the storm sewer system and the stormwater management pond.
REPORT NO.: PSD-013-09
PAGE 7
Engineering Services Department has requested additional information from the
applicant prior to approval of the subject rezoning to demonstrate the storm sewer
system and the stormwater management pond can be adequately sized to
accommodate additional run-off.
10.3 Street Townhouse Units in Mixed Use Commercial Block
A Mixed Use Commercial Block, being Block 925 in the Draft Approved Plan of
Subdivision is located in the southwest corner of the subject lands. The lands are
designated as a Neighbourhood Centre in the Clarington Official Plan which permits a
maximum retail floorspace of 5000 square metres and Medium and High Density
residential uses. The block also contains the stormwater management pond for the
entire draft plan. The original Draft Plan considered by Staff showed 22 street
townhouse units within the block fronting onto "Street F" (Attachment No. 1). These
units were not draft approved as they would constrain the development options for the
mixed use Block which include a mixture of commercial, residential and park uses in
addition to stormwater pond. The Draft Plan was redlined by deleting the townhouse
units. In addition, the Conditions of .Draft Approval states that development cannot
proceed in this block until such time as the developer entered into a Site Plan
Agreement with the Municipality for development of this block.
Rezoning of the street townhouse units along Street "F" is contrary to the redlined Draft
Approved Plan of Subdivision and the Conditions of Draft Approval agreed to by the
applicant and as finally approved by Council.
11.0 CONCLUSION
11.1 The purpose of this report is to provide information for the public meeting under the
Planning Act. Staff respectfully request that this report be referred back to staff for
further processing and the preparation of a subsequent report.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Draft Plan with revisions
List of interest parties to be notified of Council's decision:
Baysong Developments Inc. 2084165 Ontario Limited
Douglas Kemp Steve Hyland
Kirk Kemp
Attachment 1
To Report PSD-013-09
Attachment 2
To Report PSD-013-09
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CONCESSION ROAD 3
NORTHGLEN WEST LANDS TO BE REZONED