HomeMy WebLinkAboutPSD-036-09~e wex
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday,Apri1.20,2009 I~~So(U.TIOr~~~Qf~'~~~~/
Report #: PSD-036-09
File #: 18T-90051 and By-law
ZBA 2008-0021
Subject: APPLICATION FOR AMENDMENT TO DRAFT APPROVED PLAN OF
SUBDIVISION AND ZONING BY-LAW AMENDMENT
APPLICANT: WEST DIAMOND PROPERTIES LTD.
DATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-036-09 be received;
2. THAT the applications .for an amendment to Draft Approved Plan of Subdivision 18T-
90051 and Zoning By-law Amendment submitted by West Diamond Properties Ltd.
continue to be reviewed to address outstanding issues and any concerns raised at the
Public Meeting; and
3. THAT. all interested parties listed in this report and any delegation be advised of
Council's decision.
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Submitted by:
Da d J rome, MCIP, RPP
Director of Planning Services
SA/CP/df
9 April 2009
Reviewed by: V " `-'"~"~-'~ ~ '~-~) I-l.~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (90523-0830
REPORT NO.: PSD-036-09 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: West Diamond Properties Ltd.
1.2 Applications:
Amendment to Draft Approved Plan of Subdivision:
To amend draft approved plan of subdivision 18T-90051 to permit a
change from forty-four (44) townhouse units to forty-two (42) semi-
. detached units and two (2) single detached units, on the north side
of McBride Avenue.
Zoning By-law Amendment:
To rezone the subject lands from the "Holding -Urban Residential
Exception ((H)R3-28) Zone" to an appropriate zone to permit the
development of forty-two (42) semi-detached dwellings and two (2)
single detached dwellings.
1.3 Site Area: 1.12 ha
1.4 Location: The subject lands are located in Bowmanville, on the north side of
McBride Avenue (Attachment 1). The property is contained within
Part Lot 17, Concession 1, in the former Township of Darlington,
now within the Bowmanville Urban Area.
2.0 BACKGROUND
2.1 On August 22, 2008 the Owner submitted an application for rezoning on the subject
property. This rezoning application contained two parts -the medium density block,
shown as Block 154 on Attachment 2, and Blocks 145-153 containing forty-four (44)
townhouse units. A public meeting was held for the northern portion of the lands on
October 20, 2008. A public meeting was not held for this portion of the lands as the new
development pattern had not been finalized at that time.
2.2 On February 19, 2009, West Diamond Properties Ltd submitted an application to amend
Draft Approved Plan of Subdivision 18T-90051 from forty-four (44) townhouses to forty-
two (42) semi-detached dwellings and two (2) single detached dwellings.
2.3 A draft copy of a Noise Impact Study accompanied the amendment to draft approval
application. This will be briefly discussed in Section 7.0 of this report. The final version
of the Noise Impact Study was submitted March 30, 2009, and two supplemental noise
reports were submitted April 1, 2009, at the Municipality's request.
REPORT NO.: PSD-036-09 PAGE 3
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 Currently the site is vacant and has been for about a decade. Previously it was used for
agriculture.
3.2 Surrounding Uses:
North: Future medium density development containing 201 townhouse and
apartment units
South: Dwellings under construction in Registered Plan 40M-2378
East: Holy Family Separate Elementary School and Baxter Park
West: Rural area outside the Bowmanville urban area
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement (PPS)
This development is a low density development, providing for an alternate housing form
to the single detached dwellings on the south side of McBride Avenue and the medium
density development adjacent to the north. The applicant states that this type of
development establishes a new price point in the subdivision and offers home
ownership to moderate level incomes. The application would conform to the PPS.
4.2 Provincial Growth Plan
The subject lands consist of nine (g) blocks within a draft approved plan of subdivision,
the southern portion of which is now registered. The development is located
immediately adjacent to an existing plan of subdivision. Servicing is available for the
development and the road network accessing the lands (Green Road and McBride
Avenue) has been constructed. Through the subdivision approval of 18T-90051,
densities, street configuration, parkland dedication, transit and servicing were reviewed
and received Clarington's approval in 2007.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the land "Living Area" within the "Urban
System". Lands designated "Living Areas" shall be predominantly used for housing
purposes. This application will not change any street patterns, the amount of housing
offered, or the amount of parkland. As there is no substantial change sought by the
applicant with this amendment to draft approval, it would appear to still conform to the
Regional Official Plan.
REPORT NO.: PSD-036-09
PAGE 4
5.2 Clarington Official Plan
The Clarington Official Plan designates the lands "Urban Residential" which is to be
used predominantly for housing purposes. The Darlington Green neighbourhood is not
built out at this time and housing targets have not been achieved due to the
undeveloped land still within the Neighbourhood. Although the built housing form will
change from townhouses to semi-detached dwellings and single detached dwellings,
the density will remain the same. The application conforms to the Clarington Official
Plan.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 as amended, zones the subject land "Holding -Urban Residential
Exception ((H)R3-28)". The applicant has applied to rezone the lands to permit the
development of forty-two (42) semi-detached units and two (2) single detached units.
The zoning will be site specific to accommodate semi-detached units with 7.5 metres of
frontage and single detached units with 11-12 metres of frontage.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Noise Impact Study
The Noise Impact Study, Darlington Green Phase 2 by HGC Engineering was submitted
March 30, 2009. This Noise Impact Study notes that further information is required from
the applicant prior to approval being given. Two supplemental Noise Reports, by SS
Wilson Associates, were submitted April 1, 2009. They dealt specifically with the
apartment buildings and the exterior cladding of the townhouse units. These noise
studies and reports do not address any noise attenuation that will be required for the
semi-detached units in proximity to Green Road, which is an arterial road or any
possible noise impacts from the railway line to the north. Further work is required and
the applicant has been advised of this requirement.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site.
Also two (2) public meeting notice signs were installed on the property along the Green
Road and McBride Avenue frontages.
8.2 To date no inquiries have been received following the sign being posted and notice
mailed out.
REPORT NO.: PSD-036-09
PAGE 5
9.0 AGENCY COMMENTS
9.1 At the writing of this report, comments have been received from the Kawartha Pine
Ridge District School Board, Rogers Cable, Clarington Emergency and Fire Services
and Clarington Engineering Services. Copies of these comments have been forwarded
to the applicant for their review.
9.2 There were no objections from Rogers Cable or Clarington Emergency and Fire
Services.
9.3 The Kawartha Pine Ridge District School Board (KPRDSB) has no objection to the
amendment to draft approval provided that provision is made that the applicant must
enter into an option agreement with KPRDSB for the school site located in 40M-2378.
This was a condition of the original draft approval that has not been fulfilled yet. To
ensure the option agreement is drafted and executed between the Owner and the
School Board, the School Board requests that the wording of the condition of draft
approval state that the agreement must be done prior to the execution of a Subdivision
Agreement for the amendment to draft approval. Clarington Staff have no objection to
this request and will ensure it is a condition of draft approval.
9.4 Clarington Engineering Services requires that grading for the subject lands shall work
with the approved grading for the registered plan of subdivision south of McBride
Avenue and with the proposed grading submitted with the site plan for the northerly
adjacent townhouse and apartment units.
9.5 Comments are outstanding from Durham Region, Central Lake Ontario Conservation
Authority, Enbridge Gas, Hydro One Networks Inc. and Bell Canada.
10.0 STAFF COMMENTS
10.1 West Diamond Developments began pre-consultation on this concept for semi-detached
units with the Municipality in 2008. There have been discussions with staff regarding
the layout, access, detached garage location, rear yards and landscaping. Following the
pre-consultation meetings regarding the applications required for the change from
townhouse units to semi-detached units, an amendment to draft approval of the
subdivision was submitted by the Owner.
10.2 The Clarington Official Plan designates Green Road as a Type B Arterial Road and
McBride Avenue as a Collector Road. At the time of approval of 18T-90051, no access
to McBride Avenue was permitted from the proposed townhouse units. This is in
accordance with Official Plan polices which state that private access to collector roads
shall be minimized. Thus access to McBride Avenue was permitted for fourteen (14)
larger lot single detached dwellings on the south side and only two driveways to the
medium density development on the north side.
There will be no change in the access to the proposed semi-detached and single
detached dwellings proposed on the subject lands. Access will be from a private road
REPORT NO.: PSD-036-09
PAGE 6
to be constructed in the medium density development located immediately north of this
site. Access will be secured over the private road by means of easements or by
creating the private road as a common element condominium.
10.3 The proposed units will have parking spaces or garage spaces in their rear yards,
adjacent to the private road used for access. This will create acourtyard-like rear yard
between the detached garages/parking spaces and the dwelling units. These yards will
have a depth of approximately 7 metres, similar to a typical 7.5 metre rear yard of a
standard single or semi-detached dwelling.
10.4 Clarington Engineering Services has reviewed the location of the detached garages in
relationship to the private road, and requires the detached garages to be set back
further to accommodate additional snow storage. The applicant has been advised of
this requirement.
10.5 This development will appear as having a rear lane in the new urbanism style.
However, as the rear lane is a private road, and will be part of a condominium
corporation, that condominium corporation is 100% responsible for maintenance and
snow clearing on the private road, as it is for all private roads within a condominium
corporation.
10.6 As per the original conditions of draft approval, these proposed lands shall be
developed through site plan approval. A development agreement shall be entered into
between the Municipality and the Owner detailing building locations, landscaping, noise
fencing, architectural details etc.
10.7 As noted previously, additional work is required on the Noise Study to look at the
potential noise generated by Green Road and from the CPR line and its impact on the
future dwelling units. If the northerly abutting block for the apartment and townhouse
units is not built first, interim noise attenuation measures may be required.
11.0 CONCLUSION
11.1 In consideration of the issues raised and the agency comments not received at the
writing of this report, and that the purpose of this meeting is to fulfill the Planning Act
requirements for a Public Meeting, it is recommended that the application continue to be
reviewed by staff.
Attachments:
Attachment 1 -Key Map
Attachment 2 -Proposed Draft Plan
Interested parties to be notified of Council and Committee's decision:
West Diamond Properties Ltd.
Attachment 1
To Report PSD-036-09
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Attachment 2
To Report PSD-036-09
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