Loading...
HomeMy WebLinkAboutPSD-069-09. ~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 6, 2009 QegD~~-; ,„1 ~~ P(-l - ~b3 - o~ Report #: PSD-069-09 File #: 18T-90051 and By-law: 2 00 cj _ ~ o ZBA 2008-0021 Subject: APPLICATION FOR AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT 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-069-09 be received; 2. THAT the application to amend the Draft Approved Plan of Subdivision be APPROVED as contained in Attachment 4; 3. THAT the application to amend Comprehensive Zoning By-law 84-63 be APPROVED and that the Amending By-law contained in Attachment 5 be PASSED; 4. THAT the by-law authorizing the entering into an amending Subdivision Agreement between the Owner of the lands and the Municipality of Clarington be APPROVED as contained in Attachment 6; 5. 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 6. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: _ Reviewed by: id . Cro e, MCIP, RPP Frank m Wu, rector of P anning Services Chief Administrative Officer ATS/CP/sh/df June 26, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-069-09 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: West Diamond Properties Ltd. 1.2 Applications: Amendment to Draft Aaoroved Plan of Subdivision: PAGE 2 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/link 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/link dwellings and two (2) single detached dwellings. 1.3 1.4 2.0 Site Area: 1.12 ha Location: The subject lands are located in Bowmanville, on the north side of McBride Avenue (Attachment 1). The property is described as Part Lot 17, Concession 1, in the former Township of Darlington, now within the Bowmanville Urban Area. BACKGROUND 2.1 On August 22, 2008 the Owner submitted an application for rezoning on the subject property. The rezoning would permit the development of forty-two (42) semi- detached/link dwellings and two (2) single detached dwellings along McBride Avenue. Since the subject lands have been previously draft approved to allow for forty-four (44) townhouse units, the applicant has also submitted an application to amend the draft approved plan to allow for the mix of semi-detached/link and single detached dwellings. A copy of the revised draft plan can be found in Attachment 2. 2.2 A public meeting for the proposed development was held on Monday, April 20, 2009. No concerns were raised by the members of the public at that time. 2.3 On the lands just north of the subject site, a Zoning By-law amendment application by West Diamond Properties Ltd. was considered and approved by the General Purpose and Administrative Committee on June 22, 2009 to allow for two (2) apartment buildings containing 82 apartment units and 119 townhouse units. 2.4 The forty-two (42) semi-detached/link dwellings and two (2) single detached dwellings will not have individual driveways onto McBride Avenue. As part of the approval of the subdivision, vehicular access is to occur via two points of ingress/egress along McBride Avenue and a shared private road to the rear (north) of the units. A proposed easement/right-of-way has been conditionally approved by the Regional Land Division REPORT NO.: PSD-069-09 PAGE 3 Committee. The private road would be utilized by the owners of the semi-detached/link and single detached units fronting on McBride Avenue in addition to the tenants of the neighbouring townhouses and apartment buildings. 2.5 A Noise Impact Study (NIS) prepared by HGC Engineering has been prepared and reviewed as it relates to all development north of McBride Avenue and west of Green Road. The NIS examines noise and vibrations deriving from the CP Railway corridor and Green Road. There are no significant noise/vibration impacts to the semi- detached/link and single-detached units along McBride Avenue. However, the NIS provides recommendations relating to the townhouse and apartment units to the north. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 Currently the site is vacant.. Green Road and McBride Avenue have now been constructed and residential development has commenced south of McBride Avenue. 3.2 Surrounding Uses: North: Approved medium density development containing 201 townhouse and apartment units South: Dwellings under construction in Registered Plan 40M-2378 East:. Green Road, Holy Family Separate Elementary School and Baxter Park West: Rural area outside the Bowmanville urban area 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The subject lands are within a settlement area and are planned for urban development on full municipal services. This development serves to increase the range and mix of residential uses in the Municipality. The application is consistent with the PPS. 4.2 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 as the lands are within the Bowmanville urban area, fully serviced and accessible to public transit. The development will improve the range and mix of residential uses in the Municipality. This rezoning will implement a portion of the draft approved plan of subdivision. REPORT NO.: PSD-069-09 PAGE 4 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. There is no substantial change sought by the applicant with this amendment to draft approval, and the development continues to conform to the Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands "Urban Residential" which permits residential development. Although it is proposed that the built housing form change from townhouses to semi-detachedllink dwellings and single detached dwellings, the density will remain the same in keeping with the draft approved plan. The Official Plan designates Green Road as a Type B Arterial Road and McBride Avenue as a Collector Road. Official Plan policies require private access to collector roads shall be minimized. The application conforms to the Clarington Official Plan. 6.0 ZONING BY-LAW 6.1 The subject lands are currently zoned "Holding -Urban Residential Exception ((H)R3- 28)". The applicant has applied to rezone the lands to permit the development of forty- two (42) semi-detachedllink units and two (2) single detached units. The zoning will be site specific to accommodate semi-detachedllink units with 7.5 metres of frontage and single detached units with 11 and 12 metres of frontage. 7.0 AGENCY COMMENTS 7.1 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, Clarington Engineering Services and Central Lake Ontario Conservation Authority. Copies of these comments have been forwarded to the applicant for their review. 7.2 Rogers Cable, Clarington Emergency and Fire Services and Central Lake Ontario Conservation Authority have no objections. 7.3 Comments have not been received from the following agencies: Durham Region, Enbridge Gas, Hydro One Networks Inc. and Bell Canada. However, these agencies have been part of the overall review process for this subdivision and have had no objections. These agencies will be circulated the necessary site plan application once submitted. REPORT NO.: PSD-069-09 PAGE 5 7.4 The Kawartha Pine Ridge District School Board (KPRDSB) has no objection to the proposed amendment to draft approval and rezoning provided that the applicant enters into an option agreement with KPRDSB for the school site located in 40M-2378. This is a condition of the draft approval that has not been fulfilled. To ensure the option agreement is drafted and executed between the Owner and the School Board, the School Board requests that the condition be amended to .ensure that the option agreement be completed prior to further development of the subject land.. Condition 40 has been amended to that effect (Attachment 4). 7.5 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. 8.0 STAFF COMMENTS 8.1 At this time, the subject lands are draft approved for forty-four (44) townhouse units along McBride Avenue. 8.2 The purpose of the subject application to amend the conditions of draft approval is to modity the type of units from forty-four (44) townhouse units to forty-two (42) semi- detached/link units and two (2) single detached units. This application does not represent any net change in overall unit counts for the development. 8.3 In keeping with the Official Plan policies, vehicular access to the forty-four units along McBride Avenue will be limited to two (2) points of ingress/egress with shared access over a private road (Attachment 3). This is also consistent with the original conditions of draft plan approval 8.4 To establish the shared private road, a proposed easement/right-of-way application has been conditionally approved by the Regional Land Division Committee. The easement/right-of-way would be utilized by the owners of the semi-detached/link and single detached units fronting on McBride Avenue in addition to the tenants of the neighbouring townhouses and apartment buildings. It is intended that the private road will be part of a condominium corporation. All costs related to maintenance and snow removal will be borne by the condominium corporation. 8.5 The private road would allow owners of the units to access parking spaces and garage spaces in their rear yards in the new urbanism style. 8.6 The Zoning By-law Amendment (Attachment 5) would place the lands in an Urban Residential Exception Zone which would allow for the forty-two (42) semi-detached/link units and two (2) single detached units. The applicable provisions establish site specific setbacks and lot coverage requirements for the units themselves and the private garages in the rear yard. REPORT NO.: PSD-069-09 .PAGE 6 8.7 As per the original conditions of draft approval, development of these lands is subject to site plan approval. A development agreement shall be entered into between the Municipality and the Owner detailing building locations, landscaping, noise fencing where applicable and architectural details etc. 8.8 The (ti) Holding symbol will be applied and would only be lifted when Council is satisfied that the Site Plan Agreement is executed and the necessary private right-of- way is in place. 8.9 The applicant has provided their concurrence with the Conditions of Draft Approval (Attachment 4). In doing so, the applicant has expressed concern with respect to Condition 40 as it relates to ehtering into an Option Agreement with the Kawartha Pine Ridge District School Board. Staff are satisfied that the revised Conditions of Draft Approval shown in Aiachment 4 requiring the applicant to fulfil their obligation with the .School Board prior to any further development of lands within Plan 18T-90051 will ensure that the Option Agreement is negotiated in a timely fashion. 8.10 All taxes payable to the Municipality of Clarington have been paid in full. 9.0 CONCLUSION 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 recommends the proposed Amendment to Conditions of Draft Approval and Zoning By-law amendment contained in Attachment 4 and Attachment 5 respectively, be APPROVED. Attachments: Attachment 1 -Key Map Attachment 2 -Proposed Red-lined Revised Draft Plan Attachment 3 -Proposed Easement/Right-of-Way for Access Attachment 4 -Amendment to Conditions of Draft Approval Attachment 5 -Zoning By-law Amendment Attachment 6 - By-law Authorizing Amendment to Subdivision Agreement Interested parties to be notified of Council and Committee's decision: West Diamond Properties Ltd. ~_ J Property Location Map (Bowmanville ) -_ ~~ HIXY FANHy SEAA44T f[EMFN)AP' SCII~L ZBA 2008-0021 Phase 2 Zoning By-law Amendment 18T-90051 Amendment To Draft Approval Owner: West Diamond Properties Ltd. 0 a 0 v~ On o~ c~0 N oT ~~