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
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To Report PSD-027-10
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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