HomeMy WebLinkAboutPSD-034-11 ZJddLV dw Way REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 16, 2011 Resolution #: CPA-31'3-11 By-law#: .�112//-OVY
Report#: PSD-034-11 File #: ZBA 2011-0006 and
S-C 2007-0004
Subject: ZONING BY-LAW AMENDMENT AND SECOND MODIFICATION TO DRAFT
APPROVED PLAN OF SUBDIVISION
APPLICANT: 2266719 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-034-11 be received;
2. THAT, provided there are no significant issues raised at the Public Meeting, the
Proposed Amendment to Condition 1 of the Conditions of Draft Approval for Draft
Approved Plan of Subdivision S-C-2007-0004 submitted by 2265719 Ontario Inc. be
approved, as contained in Attachment 3, and that the Director of Planning Services be
authorized to approve an amendment to the Draft Approved Plan;
3. THAT, provided there are no significant issues raised at the Public Meeting, the
application to amend Comprehensive Zoning By-law 64-03 (ZBA 2011-0006) be
approved and the Zoning By-law Amendment as contained in Attachment 4 be passed;
4. THAT, under the authorization of Section 34(17) of the Planning Act, the proposed
Zoning By-law Amendment delete the requirement for a 4.5 metre Interior side yard
setback for street townhouse units where lands abut a different zone in Sections
14.6.31 and 14.6.35, and that no further notice is required;
5. THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of this report and Council's decision; and
6. THAT all interested parties listed in Report PSD-034-11 and any delegations be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET,BOWMANVILLE, ONTARIO LiC 3A8 T(90 825-3379 F(906)82S- =
REPORT NO.: PSD-034-11 PAGE 2
Submitted by: ja Reviewed by:� �`--
Da id . rome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
ATS/CP/ah/df
11 April 2011
REPORT NO.: PSD-034-11 PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: 2265719 Ontario Inc.
1.2 Agent: Tunney Planning Inc.
1.3 Modification to Draft Approved Plan of Subdivision S-C 2007-0004:
The proposed revisions to the draft approved plan of
subdivision would have the effect of adjusting the lotting
pattern within certain areas of the plan and would:
• Decrease the number of 10.0 metre single detached lots
from 200 to 173;
• Increase the number of 11.0 metre single detached lots
from 170 to 194;
• Decrease the number of 12.0 metre single detached lots
from 356 to 355;
• Increase the number of 9.0 metre semi-detached units
from 52 to 54.
The proposed revisions to the draft approved plan of
subdivision would result in a net decrease of residential units
from 1302 to 1300.
1.4 Proposed Rezoning: To change the current zoning of the affected lots to reflect
the proposed changes to the subdivision design.
1.5 Area: 46.841 hectares
1.6 Location: The subject lands are located on the north side of
Concession Road 3, west of Middle Road and east of
Regional Road 57, being in Part Lots 13 and 14, Concession
3 in the former Township of Darlington (Attachment 1).
2.0 BACKGROUND
2.1 In March 2008, Council authorized the Director of Planning Services to issue Draft
Approval of Plan of Subdivision S-C 2007-0004, submitted by Baysong Developments
Inc., 2084165 Ontario Limited and Kirk Kemp and Douglas Kemp. The implementing
zoning by-law amendment, By-law 2008-0065, was approved at that time.
2.2 In 2008, Baysong Developments Inc. submitted a request for modification to the draft
approved plan of subdivision, in addition to an application for rezoning. The 2008
modification proposed changes to the lofting pattern and the rezoning proposed
adjustments to allow for various architectural styles. The total number of lots approved
was not impacted. The zoning by-law amendment was approved in July 2009, while the
REPORT NO.: PSD-034-11 PAGE 4
first amendment to the draft approved plan was only finalized in March 2011, following
receipt of the required copies of the amended plan.
2.3 The subject applications represent the second modification to the draft approved plan
(Attachment 2), in addition to an application for rezoning. The subject lands have
recently been acquired by new owners who are proposing a smaller Phase I and wish to
modify the unit mix to allow for a diverse offering of house models in the first phase of
development. The modification would result in a net decrease of residential units from
1302 to 1300.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The lands subject to these applications have been cleared of brush and trees and rough
graded to permit servicing of lands within the original Phase 1 limits. Permission to
rough grade was given by Council and administered through a servicing agreement by
Engineering Services.
3.2 The surrounding uses are as follows:
North: Rural residential and Quarry Lakes Golf Course
South: Concession Road 3 and beyond, existing urban residential and
Hydro One's work depot
East: Auto wrecker, orchards, and subsequent phases of Draft Approved
Plan of Subdivision S-C 2007-0004
West: Regional Road 57 and beyond, estate residential and the
Bowmanville Creek Valley
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
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.
New development shall occur adjacent to built up areas, taking advantage of existing
and planned infrastructure, and shall have compact form, a mix of uses and densities.
The development allows for the efficient use of land, infrastructure and public services.
The proposed draft plan of subdivision continues to offer a range of housing types and
densities. The subject applications are consistent with the PPS.
4.2 Growth Plan for the Greater Golden Horseshow (Growth Plan)
The 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.
REPORT NO.: PSD-034-11 PAGE 5
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. The overall development is expected
to generate in excess of 50 people and jobs per hectare.The subject applications
conform to the Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional 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.
In consideration of development applications within designated Living Areas, regard
shall be had for the intent of this plan to achieve the following:
■ a compact urban form;
■ the use of good urban design principles;
• the provision of convenient pedestrian access to public transit, educational
facilities and parks; and
■ the grid pattern of roads.
The subject applications conform to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The lands within the draft approved plan of subdivision are designated Urban
Residential within the Clarington Official Plan, with symbols for a neighbourhood park,
public elementary school and for medium density. A Neighbourhood Centre designation
is at the northeast corner of Regional Road 57 and Concession Road 3 which allows for
limited retail and service commercial uses.
In December 2007, Council approved Amendment No. 59 to the Clarington Official Plan
which approved, among other things, an increase in population from 3750 to 6500
residential units and a housing target from 1325 to 2175 for the Northglen
Neighbourhood. While the proposed revisions to the draft plan of subdivision would
result in a net decrease of two (2) residential units, the impact to the overall population
and housing targets for the neighbourhood is negligible.
The subject applications continue to be consistent with the approved land use
designations for the neighbourhood.
REPORT NO.: PSD-034-11 PAGE 6
6.0 ZONING BY-LAW
6.1 Given the proposed changes to the lotting pattern, a Zoning By-law Amendment is
being pursued concurrently to allow for the modified lot sizes.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
Public Meeting signs were installed along Regional Road 57 and along Concession
Road 3.
7.2 Two (2) individuals have contacted Planning Staff regarding the subject applications.
The residents requested clarification on the proposed amendments only.
8.0 AGENCY COMMENTS
8.1 The subject rezoning application was circulated to a limited number of agencies and
departments.
8.2 The Region of Durham has reviewed the subject applications and has no concerns with
the proposed revisions. They request that Condition 1 be amended to reflect the revised
draft plan of subdivision.
9.0 STAFF COMMENTS
91 The proposed revisions to the draft approved plan of subdivision would have the effect
of adjusting the lotting pattern within certain areas of the plan and would:
• Decrease the number of 10.0 metre single detached lots from 200 to 173;
• Increase the number of 11.0 metre single detached lots from 170 to 194;
• Decrease the number of 12.0 metre single detached lots from 356 to 355;
• Increase the number of 9.0 metre semi-detached units from 52 to 54.
9.2 The proposed changes would result in an increase of lots having lot frontage of 11.0
metre (36 feet), and a decrease of lots having lot frontage of 10.0 metres (33 feet). The
impact to the unit mix for the 12.0 metre single detached lots and the mix of semi-
detached units is negligible.
9.3 Overall, the modification to the lotting pattern is minor in nature and will allow the
builders to optimize the unit mix in the first phase.
9.4 Due to the change in the lotting pattern, the proposed rezoning would place the affected
lots in matching zones that will allow for creation of the lots, and will regulate the
development on the site accordingly, The zones proposed are being utilized already
REPORT NO.: PSD-034-11 PAGE 7
within the neighbourhood, therefore built form will be consistent across the draft plan
limits.
9.5 A technical error has been noted in the existing Urban Residential Exception (R3-31)
and Urban Residential Exception (R3-35) Zones which permit 7.0 metre street
townhouse units. The interior side yard setback requirements are as follows:
"Interior Side Yard. 1.2 metre, except (i) where a building has a common wall
with a building on an adjacent lot located in the R3-31IR3-35 zones, in which
case no interior side yard is required, and(ii) when; the lot line is also the
boundary of a different zone, in which case an interior side yard of 4.5 metres
wide is required."
Staff proposes that the last part of the interior side yard regulation be deleted altogether
so that it would read as follows:
"Interior Side Yard. 1.2 metre, except where a building has a common wall with a
building on an adjacent lot located in the R3-31/R3-35 zones, in which case no
interior side yard is required."
The proposed modification has the effect of accurately implementing the draft approved
plan of subdivision. The 4.5 metre interior side yard setback is not technically feasible
and would not allow the blocks of street townhouse units to develop as planned.
Allowing the 1.2 metre setback is consistent with another zone in the neighbourhood
where street townhouse units are permitted (R3-32 Zone).
9.6 While details of the notice of public meeting did not include the change to the R3-31 and
R3-35 Zones, Council has the ability under Section 34(17) of the Planning Act to pass a
by-law without giving further notice. Staff recommends that the subject Zoning By-law
Amendment be approved as drafted for the following reasons:
A technical matter is being corrected from the time when the original zoning by-
law amendment was drafted;
• The change impacts a limited number of street townhouse units within the 1300
unit development;
• Correcting the setback requirements is consistent with the intent of the passing of
the original zoning by-law amendment which was to implement the draft
approved plan of subdivision;
Without the modification the number of townhouse units as draft approved could
not be built on the blocks indicated;
• The change does not modify the built form of the draft approved street
townhouse unit mix;
• As the lands are currently vacant, the change is being contemplated prior to the
lands being occupied; and,
The notice of passing of any by-law will be circulated to those landowners within
120 metres of the subject lands and will provide details of the amendment.
REPORT NO.: PSD-034-11 PAGE 8
9.7 In the spring of 2010 the Region of Durham Works Department advised the Municipality
of Clarington that they had discovered servicing constraints in the Port Darlington Water
Pollution Control Plant which serves the Bowmanville urban area. As a result new
residential development was limited to approved development which had an agreement
in place for servicing plus an additional approximately 600 units. The Municipality of
Clarington has approximately 4400 draft approved units within the Bowmanville urban
area and the 600 units were quickly spoken for on a first come, first serve basis. The
Region monitored the rates over the balance of the year and determined in early
February of this year that an additional 500 units would be available. At this time the
Region has executed agreements for 105 units. The new owners hope to enter into an
agreement for their Phase I of this subdivision before the balance of the 500 units has
been depleted.
9.8 Clarington Engineering has reviewed the subject applications and has no concerns or
objections.
9.9 The Finance Department advises that the taxes for the subject property have been paid
in full.
10.0 RECOMMENDATIONS
10.1 The applications have been reviewed in consideration of the comments received from
the public and circulated agencies and under the policies of the Regional and
Clarington Official Plans. In consideration of the comments contained in this report,
and provided no significant issues are raised at the public meeting, Staff respectfully
recommend the modification to the Draft Approved Plan S-C 2007-0004 as contained
in Attachment 3 be approved and that at the Zoning By-law Amendment as contained
in Attachment 4 be approved.
Staff Contact: Anne Taylor Scott
Attachments:
Attachment 1: Key Map
Attachment 2: Proposed Draft Plan of Subdivision S-C-2007-0004 (Second Modification)
Attachment 3: Amendment to Condition 1
Attachment 4: Draft Zoning By-Law Amendment
List of interest parties to be notified of Council's decision:
2265719 Ontario Inc.
Kevin Tunney, Tunney Planning
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Attachment 2
To Report PSD-034-11
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Attachment 3
To Report PSD-034-11
AMENDMENTTO
CONDITIONS OF DRAFT APPROVAL
S-C-2007-0004 (NORTHGLEN WEST)
DATE: APRIL 1, 2011
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2007-0004 prepared by Tunney Planning Inc. identified as
Project Number TUN 549-1, original submission dated February, 2006, and as
revised in February 2008, and draft approved as red-line revised May 2008, as
amended on March 31, 2011 and further revised in March 2011, which now
illustrates 1300 residential units consisting of 851 single detached dwellings, 54
semi detached units, 181 street townhouse units, 88 block townhouse units, a
mixed use block containing 126 residential units, commercial floorspace,
stormwater management pond, and blocks for a public elementary school, a park
and a parkette, road widenings, 0.3 metre reserves, landscape strips, and open
space.
-- Attachment 4
To Report PSD-034-11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a By-law to amend Zoning By-law 84-63 of the Corporation of the
Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend Zoning By-law 84-63, as amended, of the Corporation of the
Municipality of Clarington for ZBA 2011-0008,
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31) ZONE is hereby
amended by deleting Section b. vi) in its entirety and replacing it with the
following:
"vi) Interior Side Yard 1.2 metres, nil where a building
has a common wall with a building
on an adjacent lot in located
in the R3-31 Zone."
2. Section 14.6.35 URBAN RESIDENTIAL EXCEPTION (R3-35) ZONE is hereby
amended by deleting Section b. iv) in its entirety and replacing it with the
following:
"iv) Interior Side Yard 1.2 metres, nil where a building
has a common well with a building
on an adjacent lot in located
in the R3-35 Zone."
3. Schedule '3' (Bowmanville)" to By-law 84-63, as amended, is hereby further
amended by changing the zone designations from:
"Holding — Urban Residential Exception ((H)R2-66) Zone" to "Holding — Urban
Residential Exception ((H)R2-65)Zone";
"Holding — Urban Residential Exception ((H)R1-75) Zone" to "Holding — Urban
Residential Exception (H)R2-66 Zone";
"Holding — Urban Residential Exception ((H)R2-67) Zone" to "Holding — Urban
Residential Exception ((H)R2-66)Zone",
"Holding — Urban Residential Exception ((H)R2-65) Zone" to "Holding — Urban
Residential Exception ((H)R2-66)Zone";
"Holding — Urban Residential Exception ((H)R1-75) Zone" to "Holding — Urban
Residential Exception ((H)R2-65)Zone";
"Holding — Urban Residential Exception ((H)R2-65) Zone" to "Holding — Urban
Residential Exception ((H)R1-75) Zone";
as illustrated on the attached Schedule"A" hereto.
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 Section 34 and 36 of the Planning Act.
BY-LAW read a first time this 2 n day of May 2011
BY-LAW read a second time this 2n' day of May 2011
BY-LAW read a third time and finally passed this 2 n day of May 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2011- ,
passed this day of , 2011 A.D.
JOHN MATTHEW CRIES
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Zoning Change From-(H)R1-75'To'(H)R2-W
Zoning Change From'(H)R265"To"(H)R1-75'
Zoning Change From'(H)R265-To"(H)R266"
®Zoning Change From'(H)R266"To'(H)R2-65-
Zoning Change From"(H)R267"To-(H)R266'
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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