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HomeMy WebLinkAboutPSD-061-091 le~~„g,~,e,~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~L Date: Monday, June 22, 2009 ~~~(~On ~~pAl ,~~~-~ Report #: PSD-061-09 File #: ZBA 2008-0021 By-law #: ~Q~~~o~ Subject: ZONING BY-LAW AMENDMENT TO REZONE LANDS IN A DRAFT APPROVED MEDIUM DENSITY BLOCK (18T-90051) TO PERMIT TWO (2) APARTMENT BUILDINGS CONTAINING 82 APARTMENT UNITS AND 119 TOWNHOUSE UNITS APPLICANT: WEST DIAMOND PROPERTIES LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-061-09 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 be APPROVED and that the Amending By-law contained in Attachment 3 be PASSED; 3. THAT the Region of Durham Planning Department and the Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D id rome, MCIP, RPP Director of Planning Services Reviewed by: (~ ~'`'~~ -`-~ -`- Franklin Wu, Chief Administrative Officer ATS/CP/df 15 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A5 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-061-09 POGF 7 1.0 APPLICATION DETAILS 1.1 Owner: West Diamond Properties Ltd. 1.2 Proposal: To rezone the subject lands from "Agricultural (A)" to an appropriate zone to permit the construction of .two (2) apartment buildings containing a total of 82 units and 119 block townhouse units. 1.3 Site Area: 4.96 ha (12.25 ac) 1.4 Location: The subject lands are located in Bowmanville, west of Green Road and south of the CP Rail line (Attachment 1). The property is contained within Part Lot 17, Concession 1. 2.0 BACKGROUND 2.1 On August 22, 2008, the Owner submitted an application for rezoning on the. subject lands being Block 154 in draft approved plan of subdivision 18T-90051. The rezoning proposes to permit the.development of 119 townhouse units and 82 apartment units in two (2) 4-storey buildings. All townhouse and apartment units will have access to McBride Avenue in two locations through a network of private roads. It is the intention of the owner for this development to ultimately have condominium tenure. All roads internal to the development will be private, and all costs with respect to construction and future~maintenance will be borne by the condominium corporation. 2.2 A public meeting for the. proposed development was held on Monday, October 20, 2008. No concerns were raised by the members of the public at that time. 2.3 The Owner submitted an application for site plan approval on October 24, 2007. The site plan application is to implement the draft approval for 201 units on the subject lands. Staff has been working with the applicant to address site plan issues. 2.4 An amendment to draft approved plan of subdivision 18T-90051 and a rezoning application is also being considered by Planning Staff with the intent of developing forty- two (42) semi-detached and two (2) single detached dwelling units along McBride Avenue. The lands were originally draft approved for 44 townhouse units. This set of applications will be dealt with through a separate report. 2.5 Other related applications include a consent application to sever the apartment block, and an application for an easement/right-of-way for access. The purpose of the easement/right-of-way is to create a shared private roadway and to provide vehicular access via two points of ingress/egress along McBride Avenue (See Attachment 2). The shared roadway will be utilized by the tenants of the apartment buildings as well as the owners of the semi-detached and single detached units fronting on McBride Avenue. 2.6 A Noise Impact Study (NIS) prepared by HGC Engineering has been prepared and. reviewed as part of the Site Plan application. The NIS examines noise and vibrations deriving from the CP Railway corridor and Green Road. The NIS recommends berming, REPORT NO.: PSD-061-09 3.0 3.1 3.2 PAGE 3 acoustical walls and acoustical barriers, in addition to specific requirements for construction (i.e. installation of air conditioning, sound attenuating building construction, glazing of windows etc.) which have the effect of bringing all noise levels into compliance with Ministry of Environment and CP Railway standards. The NIS will be implemented through the applicable subdivision and site plan agreement(s). SITE CHARACTERISTICS AND SURROUNDING USES Currently the site is vacant. Green Road and McBride Avenue have now been constructed and residential development has commenced south of McBride Avenue. Surrounding Uses: North: CP rail way and existing residential development South: single detached dwellings under construction (Plan 40M-2378) East: low-rise apartment buildings West: rural area outside the Bowmanville urban area 4.0 4.1 PROVINCIAL POLICIES Provincial Policv Statement (PPS) This development serves to increase the supply of medium density development thereby increasing the range and mix of residential uses in the Municipality. This is also an example of cost-effective development and efficient use of land and resources given the number of units that will be built on the subject lands. The compact form of the development also meets the intent of the energy and air quality principles. The application is consistent.with the PPS. 4.2 Provincial Growth Plan The subject lands are within a draft approved plan of subdivision, portions of which are now registered. Densities, street configuration, parkland dedication, transit and servicing were reviewed and approved in 2005. The subject development satisfies the growth management principles of the Growth Plan. The development is compact and will be served by public transit. The lands are within the Bowmanville urban area and are fully serviced. The medium density development will improve the range and mix of residential uses in the Municipality. This rezoning will implement a portion of draft approved plan of subdivision 18T-90051. REPORT NO.: PSD-061-09 PAGE 4 5.0 OFFICIAL PLANS 5.1 Durham Reoional 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. The application seeks to change the site specific zoning from Agricultural to an appropriate urban zone and thus conforms to the Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the land "Urban Residential" subject to medium density provisions. Medium Density development is for 31-60 units per net ha, and is predominantly for townhouses, triplexes, and low rise apartments up to 4 storeys in height. The subject development has a net density of 40 units per hectare. Medium density areas are generally located adjacent to arterial roads or within 100 metres of an intersection to an arterial/collector road. The Clarington Official Plan designates Green Road as a Type 'B' Arterial Road and McBride Avenue as a collector road. Access to the development is from two (2) entrances from McBride Avenue. The two (2) low rise apartment buildings front on Green Road, but will only have pedestrian access to Green Road, thus minimizing traffic impacts. The application generally conforms. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Agricultural (A)". The applicant has applied to rezone the lands to permit the development of 201 medium density units. 7.0 AGENCY COMMENTS 7.1 Comments have been received from Rogers Cable Communications Inc., Bell Canada, and the Kawartha Pine Ridge District School Board. These agencies had no objections. Bell Canada included conditions for site plan approval in their comments. 7.2 Clarington Engineering has reviewed the application and advises they have no objection to the rezoning application. They acknowledge that the lands are currently subject to the requirements of the subdivision agreement and road dedications, reserves and servicing details have already been implemented. Most comments from the Engineering Department are related to the site plan, such as servicing, grading, access and stormwater drainage. These items shall be addressed prior to final site plan approval. REPORT NO.: PSD-061-09 PAGE 5 7.3 Similarly, the Operations Department, Fire and Emergency Services Department and the Building Department all offer no objection to the proposal but have forwarded comments to be addressed during the Site Plan review process. 7.4 Central Lake Ontario Conservation (CLOG) has no objection to the rezoning of the subject lands. CLOG is currently involved in reviewing stormwater management techniques and sediment and erosion control for the site plan application. 7.5 Regional Planning and Regional Works have reviewed the subject application and have no objection to the rezoning. The Region has highlighted relevant matters of provincial interest and policies from the Region of Durham Official Plan. Municipal sanitary sewers and municipal water service connections have been installed as part of the overall development of 18T-90051. A more detailed review of site servicing requirements is taking place at the site plan level. 7.6 Comments from CP Railway have been implemented through conditions of draft approval and the subdivision agreement. There are several warning clauses with respect to noise and vibration that must be included in all purchase and sale agreements. Furthermore, the Railway requires a 30 metre buffer between the corridor and the development and fencing of the subject lands. The 30 metre setback is included in the Zoning By-law amendment contained in Attachment 3. Details of berming and fencing, and maintenance thereof, will be incorporated in the site plan agreement. 8.0 STAFF COMMENTS 8.1 The subject lands are within a draft approved plan (18T-90051) that includes 389 residential units, a school block and a park block. Development south of McBride Avenue is undenn+ay. 8.2 The subject application for 201 units comprised of townhouse and apartment units is consistent with provincial, regional and municipal land use planning policies and is in keeping with mix and number of units that have been draft approved for these lands. 8.3 The attached Zoning By-law amendment would place the subject lands in the Urban Residential Exception Zone and the (H) Holding symbol would be applied. The exception zone would establish appropriate setbacks and regulations for the site in its entirety, and would also provide for appropriate setbacks and regulations for each individual townhouse unit in relation to other units and to the private driveways (Attachment 3). 8.4 The Clarington Official Plan offers additional policies relating to site plan review. These criteria include massing, height, siting, setbacks, shadowing, location and number of parking spaces, size and location of amenity areas, lighting and landscaping. The site plan review process is nearing completion at which time Planning Staff will recommend removal of (H) Holding symbol, provided all other conditions are met. REPORT NO.: PSD-061-09 PAGE 6 8.5 As mentioned the subject development will be operated as a condominium. The applicant has indicated that a condominium corporation will govern the townhouse units, while a separate corporation will be established for the two apartment buildings. An application to sever the apartment block from the remainder of the property is currently being considered. Should the apartment block be severed, it becomes "landlocked" as a 0.3 reserve is situated along the entire frontage along Green Road. Thus, the concurrent application for aeasement/right-of-way is required in order to gain vehicular access to the site. One of the conditions for the removal of the (H) Holding symbol is to ensure that the required easement/right-of-way is in place. 8.6 All taxes payable to the Municipality of Clarington have been paid in full 8.7 While the details of site plan approval, including access easements, are being finalized, it is recommended the Zoning By-law Amendment be passed establishing an appropriate zone and regulations for the proposed 201 medium density units in keeping with the draft approved plan of subdivision. 9.0 RECOMMENDATION 9.1 At this time, the applications have been reviewed in consideration of the comments received from circulated agencies and staff, provincial policies and the Regional and Clarington Official Plan. In consideration of the comments contained in this report, Staff respectively recommend the proposed Zoning By-law amendment contained in Attachment 3, be approved. Attachments: Attachment 1 -Key Map Attachment 2 -Proposed Easement/Right-of-Way for Access Attachment 3 -Proposed Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: West Diamond Properties Ltd. d C €A 3 m a m g 0 v 0 J a 0 a r N O 0 0 0 N m N C 'O C m a m m rn 'c 0 N Attachment 1 To Report PSD-061-09 O 0 ti 0 0 N C d c d a c .a a d a ci c N d Q O a a c 0 R 0 •+ w 3 d c 3 O Attachment 2 To Report PSD-061-09 QNq.. 9f .. stir.ebez a. ~ N~o,l --- =~~ ~~ A R F~ ~~ ~.~„ , ..~ , . , ~~a k , "~ .~ r N Si0 ~ N?3M138 adoa rv33ao ~~ 1~r "4 r Y' ~: i -' - /\ ~8 / ~ p / ~ ~ ~9 ~ a ~ .y0 ~ ~ ~ / I y.. //S 22 // ~ ~ ~~ ~ 3~ -,.. ~ o 3- / ~ ~ / c (2 / ~i j 025 f / ~ ~ ` e6 . ~ J/~ C'~% tlsP i a ~ ~ ~ y~ 2~ ~Gl/~/~~ O6 a ~ i~~ 21 .i a ~ etl ~ a: .Lg / Q~ ~/ iS y //~ 0 j/j ~2 //~ / p9 / ~/ ~~ /~ O %o° o ~~ ~~~~ °` ~ ~, ~s~~ ~~~~ - ,.~ ~ d ~9 ~o< ~ 6R~ " ~~~ ~ ~~ ~ 0~-6g y K 66 ,0 61 \\ 9~'~C ~_ i / i 3~NVMOIIV. ~mrscc 1~~~~3oµ zbl ~= N~ L- m Et N ~ ~ zb o ' 6,~ _ ~ I Ib I~ ~ - g ~ Ot qq ~ I ~ I 3 6£ k 84 ~ - c4 . ~ Z i 94 ~ 'C~ ~ :.. 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L C O C Ad W W ^~^ i.~ a Attachment 3 To Report PSD-061-09 THE 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 Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended to implement application ZBA 2008-0021; 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 a new "Urban Residential Exception (R3-36) Zone' as follows: "14.6.36 URBAN.RESIDENTIAL EXCEPTION (R3-36) ZONE Notwithstanding Sections 3.1(j)(iv), 3.9, 3.13(c), 14.1.a, 14.2, 14.3 and 14.4 a. c. e. and f., on those lands zoned "R3-36" on the Schedules to this By-law shall subject to the following zone provisions: a. Permitted Residential Uses i) Apartment Building ii) Dwelling, Linked Townhouse b. Regulations for Apartment Building i) Maximum number of units 82 ii) Lot area (minimum) 1.25 hectares iii) Lot frontage (minimum) Nil iv) Yard Requirements (a) Easterly 5.0 m to building 3.0 m to balcony (b) Northerly 35.0 metres (c) Westerly 17.0 m to building 15.0 m to balcony (d) Southerly 8.5 metres v) Lot Coverage (maximum) 2D% vi) Landscaped Open Space (minimum) 50% vii) Building Height (maximum) 16.5 metres viii) OutdoorAmenity Space (minimum) 240 square metres ix) Parking spaces (minimum) 124 spaces c. Reg ulations for Link Townhouse Dwellings i) Maximum number of units 119 ii) Lot area (minimum) 3.7 hectares iii) Yard Requirements (a) Easterly 7.5 metres (b) Northerly 30.0 metres (c) Westerly 7.5 metres (d) Southerly 4.3 metres iv) Lot Coverage (maximum) 25% v) Outdoor Amenity Space (minimum) 560 square metres vi) Parking spaces (minimum) 268 spaces vii) Unit Setback Requirements For the purpose of establishing regulations for -each Link Townhouse dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: (a) Lot area (minimum) 150 square metres (b) Lot coverage (maximum) 50% (c) Landscaped Open Space (minimum) 30% (d) Yard Requirements (minimum) (i) Front Yard 6.0 metres (ii) Rear Yard 7.5 metres (iii) Side Yard 1.5 metres nil where a building has a common wall with any building on an adjacent lot in the same zone. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding -Urban Residential ((H)R3-36) Zone', and as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW 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. 9~ Wpt %~ ~ GPfEN ~c ~ 1 9YPK PW' / ~~ ~ 4~W PAY Cm ii / ~/~\ cy0.MG5 JOE ~~ /~i II / ~ I I i / p`/ pLwIX.NM.[E FRY ~,Y -,r__-I I i~ P XMTWELL AVE. uFpppµS NIXY FAVILY s j 2 STAARFI£ ~ EiFN£MIM SYMpL ~ CRFS. 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