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Home My WebLink AboutPD-66-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: WEST- BOW.GPA REPORT Meeting: General Purpose and Administration Committee File #� 4,1 1is� L 7 Date: Monday, May 5, 1997 R,r4 es. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -66 -97 be received; 2. THAT application to amend the former Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by West Bowmanville Developments Ltd. to rezone the subject property to permit the reduction of specified yard setbacks be approved as per the attached by -law; 3. THAT the Holding (H) symbol be removed by by -law at such time a site plan agreement with the Municipality has been entered into; 4. THAT a copy of this report and Council's decision be forwarded to the Durham Region Planning Department; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1.1 Applicant: West Bowmanville Developments Ltd. 1.2 Rezoning Application: from "(Holding) Urban Residential Type Four ((H)R4)" to an appropriate zone to permit development with a front yard setback 657 REPORT NO. PD -66 -97 PAGE 2 of 2 metres, and interior side and rear yard setback of 3 metres as opposed to 7.5 metres. 1.4 Land Area: 3.72 ha (9.19 acres) 2. LOCATION 2.1 The subject property is located on both sides of Aspen Springs Blvd and specifically includes blocks 327, 328 and 329 of draft approved plan of subdivision 18T -88046 (See Attachment No. 1). The property is further described as being located in Part Lot 16, Concession 1, former Township of Darlington. 3. BACKGROUND 3.1 The subject rezoning application was received by the Municipality of Clarington Planning and Development Department on December 23, 1996. Part of the subject lands, the southwest third of block 329, north side of Aspen Springs Blvd., is subject of a revised site application (DEV 90 -067) (See Attachment No. 2). The applicant has suggested the site plan area will represent Phase I of the ultimate development. Furthermore, as the marketing for this phase has already commenced, the proposed units in Phase I, fronting on Aspen Springs Boulevard have been designed in compliance with the existing 7.5 metre zone setbacks. 3.2 A public meeting for the application was held March 3, 1997. At the public meeting a number of individuals expressed concern with any setback reduction that would allow future residential development on Block 327, south side of Aspen Springs Blvd., to be constructed closer to their homes on Fry Crescent, Vail Meadows Blvd. and Landerville Lane. The issues raised in this regard included: impeded sunlight and increased shadowing by apartments within 3 metres of the property line; additional noise trespass as a result of the reduced setback; and 658 REPORT NO. PD -66 -97 PAGE 3 general devaluation of their homes. 3.3 Following the public meeting Kelvin Whalen, Vice - President, Land Development for the Kaitlin Group Ltd. copied the Municipality on a letter forwarded to residents of the above three streets. The correspondence advised that the Kaitlin Group Ltd. has no intention of reducing the setbacks currently required, where the proposed development blocks share a property line with existing residences. He requested the Planning Department modify the application accordingly. As a result, the proposed by -law would require a 7.5 m setback where development is adjacent to existing residences. 4. EXISTING AND SURROUNDING USES 4.1 The existing sites are currently vacant 4.2 Surrounding land uses are as follows: South: residential development associated with the balance of the Kaitlin subdivision; East: vacant and residential land associated with the balance of the Kaitlin subdivision; North: CP railway and vacant land associated with the Markborough commercial development; West: vacant lands subject to application for draft approval (18T- 96014). 5.1 Within the Durham Regional Official Plan the subject property is designated "Living Area ". Said designation shall permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The proposal appears to conform. REPORT NO. PD -66 -97 PAGE 4 5.2 Within the Clarington Official Plan the subject blocks are designated Urban Residential with a High density symbol. The high density symbol permits development to occur between 61 to 100 units per net ha. The neighbourhoods two high density symbols represent 275 units, which is reflective of the draft approval for plan of subdivision 18T- 88046. 6.1 The current zoning on the subject property is "(Holding) Urban Residential Type Four ((H)R4) ". This zoning will permit an apartment building but will not permit the setbacks proposed. 7. AGENCY COMMENTS 7.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. The following have provided comments advising they have no objection to the subject rezoning; • GO Transit; • Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board; • Fire Department; and • Clarington Public Works Department. 7.2 The Canadian Pacific Railway provided comments objecting to any residential development abutting the railway right -of -way. However, they advised that should the application be approved a number of requirements should be contained as conditions of approval, this includes providing a minimum 30 metre setback for all dwellings from the railway right -of- way. In as much as the lands subject to the rezoning application are blocks within draft approved plan of subdivision, 18T- 88046, these conditions are currently contained within the subdivision agreement and the zoning adjacent the railway ( "(H)R4 -10 ") REPORT NO. PD -66 -97 PAGE 5 8.1 The applicant has applied for the rezoning to reduce the front yard setback from 7.5 metres to 2 metres and the interior side yard and rear yard setbacks to 3 metres from 7.5 metres. 8.2 The applicant has explained the request for the front yard setback reduction is to permit the residential development fronting on Aspen Springs Blvd to be located closer to the street and provide a more pedestrian friendly environment. The reduction in rear and interior side yard setback is to allow flexibility in future phasing of the development. 8.3 The concerns of the residents have been addressed by maintaining the current 7.5 m setback where development is adjacent to their property line. The C. P. Railways concern was addressed in the by -law passed at the time of draft approval for these lands. Therefore, the reduction in yard setbacks for front yard and internal side and rear yards may be supported. 9. CONCLUSION 9.1 In consideration of the positive comments received from the agencies and the comments contained above, staff would have no objection to the passing of a zoning by -law amendment to permit the reduction of front, interior side and rear yard setbacks, where the subject lands are not adjacent to existing residential properties or the C.P.R. line. The "(H) Holding" symbol shall be removed by by- law upon execution of a site plan agreement. 661 REPORT NO. PD -66 -97 PAGE 6 Respectfully submitted, t Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CP *FW *cc Attachment No. 1 Attachment No. 2 Attachment No. 3 April 29, 1997 - Key Map - Site Plan - Zoning By -law Reviewed by, Llocdk-_2�__As W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: West Bowmanville Developments Ltd 1029 McNicoll Avenue SCARBOROUGH, M1 W 3W6 Ron Rowden 67 Landerville Lane BOWMANVILLE, Ontario Roy Hottot 71 Frye Crescent BOWMANVILLE, Ontario Samantha Nelson 77 Bonnycastle Drive BOWMANVILLE, Ontario Wade Rowley 63 Landerville Lane BOWMANVILLE, Ontario Robert and Karen Hollinger 70 Frye Crescent BOWMANVILLE, Ontario L1C 4Y3 Y. Hilts 49 Landerville Lane L1 C 4Y1 BOWMANVILLE, Ontario L1 C 4Y1 Kerry and Barbara Lewis 75 Frye Crescent L1 C 4Y3 BOWMANVILLE, Ontario L1 C 4Y3 Rob Conquer 79 Frye Crescent L1 C 4S9 BOWMANVILLE, Ontario L1 C 4Y3 Layton & Samantha Burke 81 Frye Crescent L1 C 4Y1 BOWMANVILLE, Ontario L1 C 4Y1 ii LOT 16 LOT 15 LOT 14 HIGHWAY i' z 0 i i - - -z Q D o r in W G \F \G ry N 2 � =�� 111111111 X111\ ��I /11111 X11 ►�� 3 BOWMANVILLE DEV. 96 -067 KEY MAP 663 KING STREET W ilz io N w � z o C) - - - - -- - - - - LA - Ll- I I li k ILI -IJ -A-B -Z� ATTACHMENT NO. 2 664 p, . . . . . . . . . . . . el THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of 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 Corporation of the Town of Newcastle to permit the development of a high density development having a front yard setback of 2 metres, and a side and rear yard setback of 3 metres (DEV 96 -067). NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 2. 3 Section 15.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by adding thereto, the following new Special Exception 15.4.17 as follows: "15.4.17 URBAN RESIDENTIAL EXCEPTION (R4 -17) ZONE Notwithstanding the provisions of Section 15.2, those lands zoned (R4 -17) on the schedules to this By -law, shall be subject to the following zone regulations: a) Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard 2 metres 3 metres except where a side lot line abuts a property other than an R4 -17 zone the minimum side yard shall be 7.5 metres. iii) Rear Yard 3 metres except where a rear lot line abuts a property other than an R4 -17 zone the minimum rear yard shall be 7.5 metres. Schedule "3" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from "Holding - Urban Residential Type Four ((H)R4)" to "Holding - Urban Residential Exception ((H)R4 -17)" as illustrated on the attached Schedule "A" hereto. 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 1997. BY -LAW read a second time this day of 1997. BY -LAW read a third time and finally passed this day of 1997. MAYOR CLERK 665 This is Schedule "A" to By —law 97— passed this day of 1997 A.D. LOT 16 LOT 15 LOT 14 J J HIG WAY 2 KING it STREET W. I I C7 a g O Z gyp \\`t� •— \F \G Z w PG O � p \P� e N GPC\P GS FF44 W S Z 4 { o U Mn1 • \1