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HomeMy WebLinkAboutPSD-027-10Clarington Leading [he Way Unfinished Business REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION OMMITTEE Date: February 22, 2010 Resolution #: C - /~P'• iv By-law #: Report #: PSD-027-10 File #: ZBA 2009-0009 Subject: APPLICATION TO AMEND ZONING BY-LAW 84-63 TO PERMIT THE DEVELOPMENT OF TWO (2) SINGLE DETACHED LOTS FRONTING ONTO BOSWELL DRIVE APPLICANT: GREEN MARTIN HOLDINGS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-027-10 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 to Report PSD-027-10 be passed; 3. THAT a copy of Report PSD-027-10 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-027-10 and any delegations be advised of Council's decision. t Y~ Submitted by: Reviewed by: lye Langm , FCSLA, MCIP ranklin Wu A~ing-Director, Planning Services Chief Administrative Officer MH/CP/df/ah 10 February 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-027-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Green Martin Holdings Ltd. 1.2 Proposal: To rezone the subject lands from "Agricultural (A)" to "Holding -Urban Residential Exception ((H) R2-73) Zone" to permit the development of two (2) single detached lots fronting onto Boswell Drive. 1.3 Area: 0.138 ha 1.4 Location: Part Lot 17, Concession 1, Former Township of Darlington (Attachment 1) 2.0 BACKGROUND 2.1 On June 12, 2009 a rezoning application, submitted by Green Martin Holdings Ltd. for the subject lands, was deemed complete. The rezoning application proposes to permit the development of block 98 in registered plan 40M-1908, into two single detached lots fronting onto Boswell Drive. 2.2 A public meeting for the proposed rezoning was held on September 14, 2009. A number of concerns were raised by the members of the public at that time. In response to the public's concerns, a public Open House was held on October 27, 2009, where nearby residents of the subject lands were given a chance to discuss potential outcomes of the development with the applicant and Planning Staff. 2.3 A Planning Analysis was prepared by Sernas Associates and reviewed as part of the rezoning application. The analysis discussed the development of the registered block, which was originally set aside to be developed in conjunction with abutting lands to the west, outside of the Bowmanville urban boundary. The analysis suggests that, based on Provincial and Regional growth policies, the development of the subject land is not premature and is considered an appropriate infill development. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The triangle shaped block of land is currently vacant, and is bounded by Boswell Drive, the urban boundary of Bowmanville and an existing block of townhouse units which front onto Shady Lane Crescent. The subject block backs onto actively farmed land; also known as Watson's Farms. There is an existing wooden fence along the rear yards of the Shady Lane Crescent townhouse lots where a number of the abutting property owners have installed gates to allow themselves access to their rear yards from the subject lands (see photo 1, next page). REPORT NO.: PSD-027-10 PAGE 3 3.2 The surrounding uses are as follows: North -Existing Petra Canada gas station on the south side of Highway 2 South -Residential lots on Shady Lane Crescent East -Residential lots on east side of Boswell Drive West -Actively farmed land (Watson's Farm) 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The proposed rezoning will allow for the creation of two residential lots with access to full municipal services and infrastructure, located within the urban boundary of Bowmanville. The PPS identifies settlement areas as the focus of growth, and it supports residential intensification of vacant and underutilized property. The rezoning application represents an efficient and appropriate use of land which would otherwise be left vacant and is consistent with the PPS. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages new growth and intensification in built-up areas. This approach concentrates on making better use of our existing infrastructure rather than expanding the urban areas of Clarington even further. The proposed development will optimize the use of existing land supply, and is therefore in keeping with the Provincial Growth Plan policies. REPORT NO.: PSD-027-10 PAGE 4 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject land as "Living Area". Living Areas shall be used predominantly for housing purposes. The recent outcome of the Growing Durham Study, and Council adopted Official Plan Amendment No. 128, suggests that the urban boundary of Bowmanville will not be expanding between now and the year 2031. Therefore, the earliest that the subject lands could be developed in conjunction with the abutting lands to the west would be after 2031. The intent of the Plan is to achieve a more compact urban form. The proposed development is in conformity with Regional Plan policies. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject land as "Urban Residential". The predominant use of lands designated "Urban. Residential" within each neighbourhood shall be used for housing purposes. Also, Growth Management Principles within the Official Plan recognize that future growth shall be directed to existing urban areas and encourages efficient use of public infrastructure and services. The proposed development is in conformity with the Clarington Official Plan policies. 6.0 ZONING BY-LAW 6.1 Currently the subject land is zoned "Agricultural (A)" within Zoning By-law 84-63. Permitted land uses in the "A" zone are predominantly limited to agricultural uses and would not permit the construction of more than one single detached dwelling. The applicant is requesting that the lands be rezoned to permit the development of two (2) single detached lots. 7.0 PUBLIC SUBMISSIONS 7.1 At a public meeting, held on September 14, 2009, a number of concerns were raised by the members of the public. These concerns included: • A neighbourhood park would be a more appropriate use of the land; • The construction of two (2) dwellings will obstruct their view; • The driveway will be located in the same spot as the bell pedestal; and • Property values will be affected and privacy will be lost. 7.2 A public open house was held on October 27, 2009 for residents to discuss their concerns with the applicant, and to determine if any compromises could be made. Mitigation measures were discussed in the meeting with regards to possible screening of the dwellings by adding landscaping, pushing the dwellings further north away from the existing townhouse units, etc. However, the greatest concern from the residents was that they were told at the time they purchased their properties that the subject land was to be developed as parkland. Some residents suggested they paid a premium for purchasing a property backing onto future parkland. REPORT NO.: PSD-027-10 8.0 AGENCY COMMENTS PAGE 5 8.1 The application was circulated to all applicable agencies and departments for comment. Concerns were raised by the Engineering Services Department and Bell Canada. All other agencies and departments had no objections to the proposed rezoning. 8.2 The Durham Regional Planning Department has no objection to the proposed rezoning, however they indicated to staff that a Noise Impact Study will be required upon submission of severance application(s) to the Region of Durham Planning Department for review and approval. Municipal water supply and sanitary sewers are available to the site from the existing water main and sanitary sewer on Boswell Drive. 8.3 The Engineering Services Department was in objection to the proposed rezoning as they believed that the creation of two (2) lots on the subject land would preclude appropriate development of the lands to the west, and that the excavation of the roadway for the purposes of servicing two lots it not acceptable. The Engineering Services Department has since indicated that they no longer have any objections to the proposed development, however they would like the opportunity to comment in the future on the following items: • Configuration of the road cut • Restoration • Road occupancy • Notification • Work cost estimates and securities • Geotechnical testing and results 8.4 Bell Canada originally had concerns with the proposed location of the driveway on the south lot, as it would result in the need to relocate the existing Bell pedestal. The applicant has submitted a revised siting (Attachment 2), showing a new location of the driveway which would not require the removal of the Bell pedestal. Bell Canada was satisfied with the revised location of the driveway, as long as the driveway maintains a minimum 1 metre setback from the pedestal to prevent damage. The relocation of the pedestal is no longer required. 9.0 STAFF COMMENTS 9.1 The lands west of the subject site are located outside the urban limits of Bowmanville, and are many years away from being considered for development and future growth. Road connections to the lands, beyond the existing urban boundary, will continue to be available in a number of locations north and south of the subject lands and therefore, the creation of two (2) single detached lots on the subject lands will not affect the orderly development of those lands in the future. The subject land is underutilized, and has access to full municipal services and infrastructure. The proposed creation of two (2) residential lots on fully serviced land represents an efficient and appropriate use of the land. REPORT NO.: PSD-027-10 PAGE 6 9.2 In 2001, a policy was adopted by Council which requires all Plan of Subdivision sales material to be reviewed and approved by the Planning Services Department. This policy eliminates the possibility of the builder falsely advertising lands as parkland or protected areas. The Plan of Subdivision, within which the subject lands are located, was registered and final approval granted in 1997. Staff do not have any sales material on record for this Plan of Subdivision, and therefore are unable to confirm how the subject lands were being marketed by the sales representative. According to staff records, the lands were Draft Approved and registered as a future development block. Within the same Draft Approved plan, a separate 2.36 hectare parcel of land located further south on Boswell Drive, was identified as a park block. In addition, the Parks Division of the Engineering Services Department confirmed there is no intention to acquire the lands for park development. It was evident at the open house that the residents were consistent in their belief that the subject lands would be developed as a parkefte and were frustrated with the proposal. However, staff must consider the proposed rezoning and make recommendations based on the current land use designation, subdivision agreement and land use policy. 9.3 Staff are satisfied that the proposed siting of the single detached dwellings will provide sufficient separation between the new dwellings and the existing dwellings on Shady Lane Crescent to maintain an appropriate level of privacy. To alleviate the resident's concerns, an increased side yard setback of 4 metres has been incorporated for the southern most proposed dwelling. By providing a minimum 4 metre setback from the rear yard property line of the Shady Lane Crescent properties, compared to the typical minimum requirement of 1.2 metres, a higher level of privacy will be achieved. In order to accommodate an increased setback from the properties on Shady Lane Crescent, the rear yard of the more northerly lot is reduced to a little more than 5 metres at the narrowest point. 9.4 Until such time as the applicant receives approval for the creation of the two lots, and has satisfied the Municipality financially and otherwise, a holding symbol will be placed on the subject lands. 9.5 Taxes for the subject property are paid in full. 10.0 RECOMMENDATION 10.1 At this time, the application has been reviewed in consideration of the comments received from circulated agencies and staff, provincial policies and both the Regional and Clarington Official Plans. In consideration of the comments contained in this report, Staff respectfully recommend that the proposed Zoning By-law amendment contained in Attachment 3, be approved. REPORT NO.: PSD-027-10 PAGE 7 Staff Contact: Meaghan Harrington Attachments: Attachment 1 -Key Map Attachment 2 - Proposed Siting Attachment 3 - Proposed Zoning By-law Amendment List of interested parties to be advised of Council's decision: Kelvin Whalen Kenneth and Marilyn Bromley Tina Leblanc Stewart Bennett and Penny Roote Tim Macdonald and Elizabeth Higgins Tracey Smith Stephen Hogan Brendan and Melissa Esler Attachment 1 To Report PSD-027-10 d II •-,~ wou rand c a e m ~ ~~ Q+ o R v ~ v o = ~ ~ ~ o a W a I ry ~ Deus aoonusrw N ~ m m ~ ~ o ~ N m ~ d 'S~IIIJ 3NI1 AfM15 s / / ~~~ Q~3 ~~ ~O ~ ~ U a'`i~. \ \~~ ~ ~A y ~ `~~ \ \ / l J 30}~ a ~ O \ ~~ M1ry} ° / ~ 9 ~ ` ~ rv ~~ ..,iM ~ _ ~~ ~ ~/ V ~ ~~~ O ~ (~ ( / h ~4y Yr 40 $ - 118.175 Attachment 2 To Report PSD-027-10 ~ '~ ~~ ~~~-_ ,~ \~ ~g~SwE~ ~~~, ~~ ~_~R~~E BLOCK 98 AREA = 0.138 ho. fiEll ~ Fr'a. J~ NEW UNIT i,Z APPRO% 1 1850 SE 2 STV 1 4. 4 I N / o r ~ El£LTNE 1n / APPRO% LOT AREA g APPRO% ~ J = 402.59 m' ~~$ 1500 SG Q ~lF z sTr 1- PS ~ X IJ ~ 6.61 J i~ i~ 3 ~ k~ e ~C `~ APPRO% LOT AREA z _ ]05.]4 m' /~ X W ~~~ J ~ _ - .s V ~ I w Z Q X W C~ 7 BLOCK 98 `= .- „~ X PROPOSED L~I SEMI-DETACHED LOT THE KAITLIN CROUP MUNICIPALITY OF CLARINGTON a~_,_ «~~ ..:o~~ Attachment 3 To Report PSD-027-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning ey-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2009-0009; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 13.4 "SPECIAL EXCEPTION -URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding a new "Urban Residential Exception (R2- 73) Zone' as follows: 13.4.73 URBAN RESIDENTIAL EXCEPTION (R2-73) ZONE Notwithstanding Sections 13.2 c. iii), iv), h. and 3.1 j. iv), those lands zoned "R2-73" on the Schedules to this By-law shall be subject to the following zone provisions: a. Yard Requirements (minimum) i) Interior Side Yard 1.2 metres • where an interior side yard abuts a rear yard 4 metres ii) Rear Yard 5 metres b. All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or covered porch. c. Special Yard Regulations Notwithstanding the provisions of Section 3.1 j. iv) balconies, canopies, unenclosed porches, steps, patios.. or decks may only project into any required front yard, to a distance of not more than 1.5 metres." 2. Schedule "3D" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H) R2-73) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2010 2010 day of 2010 BY-LAW read a second time this day of BY-LAW read a third time and finally passed this Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. ® Zoning Change From "A" To "(H)R2-73" Zoning To Remain "A" Jim Ahernethy, Mayor Patti L Barrie, Municipal Clerk