HomeMy WebLinkAboutPSD-104-10~~ Win REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: .September 27, 2010 Resolution #: (~~- ~i7y- /D By-law #: P70/!~-1~/
Report #: PSD-104-10 File #: S-C- 2004-004 and ZBA 2010-0020
Subject: PROPbSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION
AND ZONING BY-LAW AMENDMENT TO PERMIT 419 RESIDENTIAL UNITS
APPLICANT: WEST DIAMOND PROPERTIES INC., PLAYERS BUSINESS
PARK LTD. AND 1613881 ONTARIO LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-104-10 be received;
2. THAT, subject to no significant concerns being raised at the Public Meeting, the
application for Zoning By-law Amendment (ZBA 2010-0020) submitted by West
Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd. be
approved and that the attached By-law contained in Attachment 3 be passed;
3. THAT the proposed modification to Draft Approved Plan of Subdivision S-C 2004-004
as submitted by West Diamond Properties Inc., Players Business Park Ltd. and
1613881 Ontario Ltd. as contained on Attachment 2 be approved;
4. THAT the Durham Region Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-104-10 and Council's decision; and
5. THAT all interested parties listed in Report PSD-104-10 and any delegation be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-104-10
Submitted by: ~ /~"~P Reviewed by
y tangma d, FCSLA, MCIP
Acting Director of Planning Services
PAGE 2
~fa„2~=. c~
Franklin Wu,
Chief Administrative Officer
CS/CP/df
21 September 2010
REPORT NO.: PSD-104-10 PAGE 3
1.0 APPLICATION DETAILS
1.1 Owner: West Diamond Properties Inc., Players Business Park Ltd. and
1613881 Ontario Ltd. (Metrus Properties Limited).
1.2 Applicant: Bousfield Ina
1.3 Modification to Draft Approved Plan of Subdivision:
To reduce the total number of residential units from 423 to 419.
1.4 Zoning By-law Amendment:
• To increase the required front yard setback from 3.0 metres to
3.6 metres for six lots,
• To increase the total number of units in two specified blocks by
two, one in each block; and
• To remove the Holding (H) Symbol to permit development of
certain lots in Phase 1.
1.5 ,Site Area: 32.903 hectares (81.30 acres)
2.0 LOCATION
2.1 The lands subject to these applications are located on the west side of Green Road
approximately 300 metres north of Durham Hwy 2, being Part Lot 17, Concession 2 in
the former Township of Darlington (see Attachment 1).
3.0 BACKGROUND
3.1 In November 2009, Council recommended to the Ontario Municipal Board, approval of
Plan of Subdivision S-C 2004-004 and the corresponding rezoning. On December 9,
2009, the Ontario Municipal Board approved the subdivision and rezoning for 423
residential units.
3.2 On June 30, 2010, Bousfields Inc. on behalf for the owners, West Diamond Properties
Inc., Players Business Park Ltd., and 1613881 Ontario Ltd. submitted an application for
rezoning to increase the required front yard setback from 3.0 metres to 3.6 metres on
six lots, increase the number of units in two specified blocks in the draft plan, by one in
each block as well as to remove the Holding (H) Symbol on certain lots and blocks in
Phase 1, for 137 units.
3.3 The applicant has also requested a modification to the draft approved plan of
subdivision to acknowledge the two additional units. In addition, there are six
townhouse blocks which originally contained 8 units each, the applicants propose to
reduce the number in each block to 7 units each, thereby reducing the total number of
residential units from 423 to 419 units.
REPORT NO.: PSD-104-10 PAGE 4
4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
4.1 The top soil has recently removed from the site and stockpiled for Phase 1 of
development. The west branch of the Brookhill Tributary crosses the subject lands, and
will be piped to the east side of Green Road west of the main branch of the Brookhill
Tributary where it will be day-lighted. A hardwood forest is located to the west and north
limits of the draft plan. A portion of the Maple Grove Provincially Significant Wetland
abuts the north limit of the lands subject to this application.
4.2 Surrounding Uses
North - Forested area and the Maple Grove Provincially Significant Wetland;
South - retail commercial - Walmart
East - Agricultural fields, Brookhill Tributary, rural residential dwellings and
Clarington Central Secondary School
West - Lands associated with Rekker's Garden Centre, and the rear and side
yards of rural residential properties
5.0 PROVINCIAL POLICY STATEMENT
5.1 Provincial Policy Statement
5.1.1 The Provincial Policy Statement encourages planning authorities to create healthy
livable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreational and open space uses to meet long term needs.
5.1.2 Policy related to Settlement Areas, states that new development shall occur adjacent to
built up areas and shall have compact form, a mix of uses and densities that allow for
the efficient use of land, infrastructure and public services.
5.1.3 The subject applications are consistent with the 2005 Provincial Policy Statement as
they are proposing the development of a mixed use community with a range of housing
types and densities. The subject lands are adjacent to the existing built-up area and will
make use of existing and planned infrastructure and public service facilities.
5.2 Provincial Growth Plan
5.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Growth is to be accommodated by building
compact, transit-supportive communities in designated greenfield areas and by reducing
dependence on the automobile through the development of mixed use, pedestrian-
friendly environments. Growth shall also be directed to areas that offer municipal water
and wastewater systems. Municipalities should establish an urban open space system
within built up areas which may include communal courtyards and public parks.
5.2.2 The application would appear to conform with the Provincial Growth Plan.
REPORT NO.: PSD-104-10
PAGE 5
6.0 OFFICIAL PLANS
6.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. The
intent of this designation is to permit the development of primarily residential areas with
defined boundaries, incorporating the widest possible range of housing types, sizes and
tenure, developed in an efficient and cost effective manner.
6.2 Clarington Official Plan
6.2.1 Amendment No. 60 to the Clarington Official Plan (Brookhill Secondary Plan) was
adopted by Council in March 2008. Following an appeal, the Secondary Plan was
approved by the Ontario Municipal Board in December 2009.
6.2.2 Within the Brookhill Secondary Plan the subject lands are designated as Low Density
Residential, Medium Density Residential, Neighbourhood Commons Area and Parkette.
Low Density Residential housing shall be in the form of single and semi-detached units.
Coach houses are permitted in restricted areas. Low density development shall be
developed on the basis of 30 units per net hectare, consistent with the Official Plan
policies.
Within the Neighbourhood Commons Area, street, block or stacked townhouses and
multiple unit buildings are permitted. Medium densityshall be consistent with Official
Plan policies between 31 to 60 units per net hectare.
Parkettes form the central focus of the Neighbourhood Commons Areas. The park shall
perform an array of functions within the community and shall range in size and design
depending on their planned role and function. The park shall be a minimum of 0.75
hectares and shall be surrounded by at least two sides and preferably three or four
sides by public roads. The Parkette is accepted as parkland dedication required under
the Planning Act.
7.0 ZONING BY-LAW
7.1 Zoning By-law 84-63 zones the subject lands "Holding- Urban Residential Exception
((H) R1-79) Zone" and "Holding -Urban Residential Exception ((H) R3-37) Zone". An
application for Zoning By-law amendment is required to permit the proposed changes
requested by the applicant.
8. 0 PUBLIC NOTICE MEETING AND SUBMISSIONS
8.1 The Public Notice was given by mail to landowners with in 120 metres of the subject site
and Public Notice sign was placed on Green Road in accordance with the Planning Act.
8.2 As of writing this report, Staff has not received any inquiries.
REPORT NO.: PSD-104-10
PAGE 6
9.0 AGENCY COMMENTS
9.1 A number of agencies have been circulated the proposed modification to the draft
approved plan of subdivision and rezoning application.
9.2 The Clarington Engineering Services Department has reviewed the proposed rezoning
and modification to the proposed draft approved plan of subdivision and has offered no
objection, in principle as all aspects of the related subdivision will be subject to the
approval of the Engineering Services Department.
9.3 The Region of Durham Planning Department notes that the subject lands are designated
"Living Area" in the Regional of Durham Official Plan. Living Areas shall be used
predominantly for housing purposes. The proposed amendment, which among other
things would increase the number of residential lots within two specified blocks, conforms
to the Region's policies to encourage higher density development within such designated
areas.
The Region also advises that there are no matters of provincial plan interest.
Municipal water and sanitary sewer are currently not available to the subject lands, but will
however be installed by the developer of said lands as part of Subdivision Agreement for
the aforementioned draft approved plan of subdivision. Sanitary sewer capacity is
available for the proposed Phase 1 lots.
10.0 STAFF COMMENTS
10.1 West Diamond, Players Business Park & 1613881 Ontario Ltd. own a draft approved
plan of subdivision in the Brookhill Secondary Planning Area. Draft Approval was issued
by the Ontario Municipal Board in December 2009. Staff has been working with the
applicant to finalize a Subdivision Agreement for Phase 1.
10.2 Proposed Zoning by-law Amendment
10.2.1 The Zoning By-law approved by the OMB provided for flexibility in the housing form.
Many of the zones allow more than one housing type with similar yet slightly different
frontages and lot area requirements. In order to ensure the number of units registered is
consistent with the draft approved plan, the zone provision included the maximum
number of units within a zone boundary with the letter "T" followed by the number of
units permitted within a specified block.
10.2.2 The applicant proposes to increase the number of units in two specific blocks bounded
by Streets E, C, Brookhill Boulevard and Green Road.
There are two blocks of lane based lots immediately north of Brookhill Boulevard, one
block allowed a maximum of 42 lots comprised of 8 single detached units, 22 semi-
detached units and 12 townhouse units. The applicant proposes to eliminate the single
detached units in favour of 7 new townhouse units and 2 semi detached units for a total
of 43 units.
REPORT NO.: PSD-104-10
PAGE 7
The second block allowed a maximum of 52 units consisting of 7 single detached units,
28 semi-detached units and 17 townhouse units. The applicant proposes to eliminate
the single detached units in favour of 6 new townhouse units and 2 new semi-detached
units for a total of 53 units.
10.2.3 The rezoning proposes to increase the required front yard setback on six lots (Lots 25,
26, 27, 88, 89 and 90) from 3.0 metres to 3.6 metres. This zone requires a 3.0 metre
front yard setback, and 3.6 metre front yard setback where a sidewalk is situated. The
applicant's had proposed the sidewalk on the south side of the street. Through the
engineering review it was moved to the north side of Street "E° and given these lots are
situate on a curve in the road, the minimum lot frontage is not achieved at the 3.0 metre
setback.
10.3 Modification to the Draft Approved Plan of Subdivision
The modification to the plan is required as the applicant has changed some of the
models which has resulted in a overall reduction to 419 units. They are as follows:
Blocks 244, 246 to 250 were draft approved for 8 townhouse units. The applicant is now
eliminating one townhouse unit per block for a total reduction of 6 units. Given the
increase of one unit each in two blocks as noted in Section 10.2.2 and the reduction of
6 townhouse units in Blocks 244, 246 & 250, the total decrease in the overall number of
units is 4.
10.4
10.5 The Finance Department has advised that the taxes have been paid in full.
Staff recommend that the Removal of Holding (H) Symbol be approved in principle and
a by-law be forwarded to Council at such time as the plan of subdivision has been
registered.
REPORT NO.: PSD-104-10
PAGE 8
11.0 CONCLUSIONS
11.1 The purpose of Report PSD-104-10 is to satisfy the requirements for a Public Meeting
under the Planning Act. Provided there are no significant concerns at the Public
Meeting, Staff recommends the rezoning application and the proposed modification to
Draft Approved Plan of Subdivision be approved.
Staff Contact: Cynthia Strike
Attachments:
Attachment 1: Key Map
Attachment 2: Proposed Modification to Draft Approved Plan of Subdivision S-C-2004-004
Attachment 3: Zoning By-law Amendment
Interested parties to be advised of Council's decision:
West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd.
Kate Cooper, Bousfields
Attachment 1
To Report PSD-104-10
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MODIFICATION TO DRAFT APPROVAL
S-C-2004-004 (West Diamond & Players Business Park)
Date: November 11, 2009
Date of Modification: September 27, 2010
PLAN IDENTIFICATION
Attachment 2
To Report PSD-104-10
The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2004-004 prepared by Bousfields Inc. identified as job number
0147-1-75pd, dated November 10, 2009 and as modified on June 7, 2010 as job
number 0147-1-79dp which illustrates 419 residential units consisting of 154
single detached units, 62 semi/link units, 96 semi detached units, 107 townhouse
units, a neighbourhood park block, roads, lanes, road widenings, 0.3 metre
reserves, and a Future Development Block.
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Modification to Draft Approved Plan of Subdivision S-C 2004-004
Attachment 3
To Report PSD-104-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
former Corporation of the 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 former of Town of Newcastle for
ZBA 2010-0020;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
Clarington enacts as follows:
By-law 84-63, as amended, is hereby further amended, as follows:
"Section 26 "INTERPRETATION" is hereby amended by adding the following new
Section 26.4 as follows and renumbering existing Sections 26.4 to 26.6 inclusive;
On occasion, the zone symbol on the schedules may be followed by one or more
letters and numbers enclosed in brackets. The information provided in the
brackets indicates the maximum number of units permitted within the boundary of
the zone limits. The maximum total number of units permitted is indicated by the
letter "T" followed by a number. For example, "R1 (T: 0.65)" indicates that a
maximum of 65 units may be developed.
2. Section 12.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R1)
ZONE" is hereby amended by adding new Special Exceptions as follows:
SECTION 12.4.82 URBAN RESIDENTIAL EXCEPTION (R1-82) ZONE
Notwithstanding Sections 3.1 j. i) and iv); 3.16 i, iv); 12.1; 12.2 a); b); d) i), iii), f);
h); those lands zoned R1-82 on the Schedules to this By-law shall only be used for
single detached, subject to the following zone regulations:
a. Lot Area (minimum)
i) Single detached dwellings with minimum of 11.6 metre
frontage 345 square metres
ii) Sirigle detached dwellings with minimum of 12.8 metre
frontage 380 square metres
b. Lot Frontage Interior (minimum)
i) Single detached dwelling
11.6 metres
ii) Single detached dwelling
12.8 metres
c. Yard Requirements for single detached dwellings (minimum)
i) Front 6.0 metres to the garage;
3.6 metres to dwelling;
1.5 metres to the unenclosed porch
ii) Interior side yard 1.2 metres on one side and
0.6 metres on the other side
d. Special Yard Regulation
i) Bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 2.4 metres, but in no instance shall the interior side
yard be reduced below 0.6 metres.
ii) Steps may project into the required front yard, but in no instance shall
the front yaM be reduced below 1.0 metre.
e. Lot Coverage (maximum)
i) 7 Storey
a) Dwelling 50 percent
b) Total of all buildings and structures 55 percent
ii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable floor space above it, shall
be permitted up to a maximum area of 12.0 metres shall be permitted
provided it is located in the front yard of the lot and shall not be
calculated as lot coverage.
f. Height of floor deck of unenclosed porch above
finished grade (maximum) 1.0 metre
g. Height (maximum)
i) 1 storey 8.5 metres
ii) all other residential units 12.5 metres
h. Garage Requirements all garage doors shall not be located any closer to the
street line than the dwellings front wall or covered porch projection."
3. Schedule 3D to By-law 8463 as amended is hereby further amended by changing
the zone designation from:
"Holding Urban Residential Exception ((H) R7-79) Zone" to "Holding Urban
Residential Exception ((H)R1-82) Zone°.
4. Schedule 'A' attached hereto shall form part of this By-law.
5. 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 2010
BY LAW read a second time this day of 2010
BY LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2010- ,
passed this day of , 2010 A.D.
Jim Aoemethy, Mayor
''~~:~"~~~ Zoning Change From "(H)Ri-79" To "(H)R1-82"
®Zoning To Remain "Rt"
Zoning To Remain "(H)Ri-79"
Zoning To Remain "(H)R3-37"
Zoning To Remain "(H)R3-38"
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®Zoning To Remain (H)R3-39" Patti L. Barre, Municipal Clerk