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.
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Attachment 1
To Report PSD-061-09
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Attachment 2
To Report PSD-061-09
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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.
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