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HomeMy WebLinkAboutPSD-053-05 CI!JlfflglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 25, 2005 Report #: PSD-053-05 File #: COPA 2003-003 and ZBA 2003-015 0:~:dt~~-['6'~D5 By-law #: Subject: OMB DECISION ON APPEALS BY HALLOWAY HOLDINGS LIMITED AND TOWCHESTER DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-053-05 be received for information. Submitted by: D i . Crome, MCIP, R.P.P. Director of Planning Services " 0~ pO____~ Reviewed by: Franklin Wu, Chief Administrative Officer RH/CP/DJC/df 19 April 2005 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOW MANVillE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-OS3-0S PAGE 2 1.0 BACKGROUND 1.1 On April 2003, Halloway Holdings Limited and Towchester Developments Limited submitted Official Plan amendment and rezoning applications for three sites in north Bowmanville. At the northeast corner of Middle Road and Longworth Avenue, the applicant proposed to delete the Local Central Area and replace the commercial permission with medium density townhouse development. At the northwest corner of Liberty Street and Longworth Avenue, the applicant proposed to reduce the commercial permission and replace the high density permission within the Local Central Area with medium density townhouse development. On the southwest corner of Liberty Street and Longworth Avenue, the applicant proposed to replace the high density permission within the Local Central Area with medium density townhouse development. Appeals were filed to the Ontario Municipal Board for failure by the Municipality to make a decision on these applications within 90 days. 1.2 The purpose of this report is to summarize the decision for the public. 2.0 OMB HEARING AND DECISION 2.1 Council approved minutes of settlement on January 31, 2005, which were presented to the OMB at the hearing on March 8, 2005. The OMB issued its decision on April 1, 2005 as follows. . The Local Central Area at Middle Road and Longworth Avenue has been deleted with the commercial permission being replaced with a medium density designation. . The high density permission has been retained on the northwest corner of Liberty Street and Longworth Avenue. Maximum height and density have been increased to 6 storeys and 100 uph respectively, consistent with the high density policies of the Official Plan. The current commercial and office floorspace permissions have been retained, but the applicant does not have to construct the entire amount of designated floorspace. . On the southwest corner of Liberty Street and Longworth Avenue, the density has been reduced from high to medium density. . The OMB also approved implementing zoning for each site. 2.2 A copy of the OMB decision is contained in Attachment 1. Attachments: Attachment 1 - O.M.B. Decision ATTACHMENT 1 ISSUE DATE: Apri/1, 200S DECISION/ORDER NO: 0764 '05APR04 PM 3:55:28 PL040124 Ontario Ontario Municipal Board Commission des affaires municipales de l'Ontario Halloway Holdings Limited and Towchester Developments Limited have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate lands respecting Part of Lots 11 and 12, Concession 2, Municipality of Clarington to permit medium density residential and commercial uses OMB File No. 0040033 APPEARANCES: Halloway Holdings Limited and Towchester Developments Limited have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lo~ .tLand-.12.._ Concession 2, Municipality of Clarin9ton to permit medium density residential a, Com'~'(.7{i;'~' uses ~u.'1' L. ~V. OMB File No. Z040019 . At/( BY"" ""__"",.. '''.-=,..,~,...""".-_ w ORICl!!.AL 10:., . .--.'" C ~ "" -"'_"~""'" J 'II 't;~" . ...--'_...; ;;r-::"':~:j ~ /.----1 L. J. Town'."d R. ':..-===,!:~ D. C. Hefferon _. ._ _. i ....-.., .r.._....."...~,~...., ,. '. c ".j"_._...___...~~ MEMORANDUM OF ORAL DECISION DELIVERED BY J. R~~~-:-._ J. FLINT ON MARCH 8, 200S AND ORDER OF THE BOARD ~. Parties Counsel - Halloway Holdings Limited and Towchester Developments Limited Municipality of Clarington At the outset of the hearing, the Board was informed that the parties had reached a settlement. Mr. Richard Holy, a Senior Planner employed by the Municipality of Clarington, provided professional planning evidence in support of proposed Official Plan Amendment No. 40. In his opinion Amendment No. 40 has regard to the Provincial Policy Statement and represents good planning. Mr. Holy reviewed proposed Zoning By-laws 2005-34, 2005-35 and 2005-36 being by-laws to amend Comprehensive Zoning By-law 84-63. In his opinion the - 2- PL040124 \ \ I . . Zoning By-law Amendments conform to the Regional Municipality of Durham Official Plan and the Clarington Official Plan with the proposed amendment. Mr. Bryce Jordan, a qualified planner, provided professional planning evidence on behalf of Halloway Holdings Limited and Towchester Developments Limited. Mr. Jordan supported the planning evidence of Mr. Holy and in his opinion the proposed Official Plan Amendment and Zoning By-law Amendments represent good planning. No one spoke in opposition. Based on the evidence of Mr. Holy and Mr Jordan the Board finds that the Official Plan Amendment has regard to the provincial Policy Statement and represents good planning. Based on the evidence of the two qualified planners the Board finds that the Zoning By-law Amendments conform to the Official Plan of the Regional Municipality of Durham, the Clarington Official Plan with the proposed amendment and represent proper and good planning. The Board Orders that the appeal is allowed, and the Official Plan for the Municipality of Clarington is amended as set out in Attachment 1 to this Order. The Board Orders that the appeal is allowed and By-law 84-63 is hereby amended in the manner set out in Attachment 2, Attachment 3 and Attachment 4 to this Order. ~ J. R. AKER MEMBER "J. Flint" J. FLINT MEMBER SCHEDULE 1 ATTACHMENT 1 AMENDMENT NO. 40 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this Amendment is to delete the Middle Road ILongworth Avenue Local Central Area designation and replace it with Medium Density Residential, and to allow a redistribution of planned land uses with the Liberty StreeULongworth Avenue Local Central Area. BASIS: This amendment is based on an application by Halloway Holdings Limited and Towchester Development Limited, which has been reviewed by the Municipality of Clarington, including a public meeting under the Planning Act. The Municipality and the applicant have mutually agreed to the revised amendment. AMENDMENT: 1. The Clarington Official Plan is hereby amended as follows: By amending Table 9-2 Housing Targets by Neighbourhood, to adjust the housing targets in Bowmanville in the Elgin Neighbourhood No.7 by increasing the Medium Density units in the Residential Area from "50" to "150.,; and in the Central Areas decreasing the medium density from "125" to "50", and decreasing the High Density units from "75" to "0". In the Knox Neighbourhood increasing from "125 to "250" the Medium Density units in the Residential Area; and in the Central Areas by reducing the Medium Density units from "125 to "50" and increasing the High Density from "75" to "175"; and making appropriate adjustments to totals for each neighbourhood, the Bowmanville Urban Area and Total so that the neighbourhood housing targets are as follows: Table 9-2 Housing Ta..9.-e15 by Nelghbourhood Urban Area Housing Units Neighbourhoods Bowmanville Residential Areas Central Areas Intensification Total Low Medium High Medium Hioh N7 Elgin 1025 150 50 50 0 150 1425 N9 Knox 1450 250 0 50 175 125 2050 Total 13125 3200 875 1225 1950 1800 22200 2. By amending Table 10-1 Local Central Areas to adjust the Liberty/ Longworth Local Central Area housing units by increasing the Medium Density from"50' to "100" and increasing the High Density from "150' to "175" and by deleting the Middle/Longworth Local Central Area as follows: Local Central Area Retail Office Housing Units Public Locations Floorspace Floorspace Medium High Square (sq.m.) (sq.m.) Densitv Density Requirement LibemlLoneworth 3000 500 100 175 Yes 4WG WG MG G ~ 3. By amending Map A3 - Land Use Bowmanville Urban Area as shown on Exhibit "A"; and 4. By amending Map E2 - Neighbourhood Planning Unit Bowmanville Urban Area as shown on Exhibit "B"; IMPLEMENTATION: The provisions set forth in the Clarington Official Plan regarding the implementation of the Plan shall apply in to this Amendment. INTERPRETATION: The provision set forth in the Clarington Official Plan regarding the interpretation of the Plan shall apply in regard to this Amendment. I " EXHIBrr w AMENDMENT No, 40 TO THE MUNICIPALITY OF ClARlNGTON OFFICIAL PLAN, MAP A3, ~D USE, BOWMANVILLE URBAN AREA . 0@ a '@ @a @' (0 . :1' . @)'~ '.;, ,\ . .f,'" (.-. . @! '~'''CFi' ',';. ....:.. I ': ,.... ":,":: :'. ....;; /"" , . CONCESSION RO, @ ~.' . @ ~ .(@ /DO "MID1Ut.l tlEN8l1Y REliIDemAL'SYMBOL DE\.ETE "lOCAL CEN1JUILAREA'SYMBOl ~ ~ ~ Q. ~ @ ~@ .@) i o CI o !!l fA SPECIAL POUCY AREA E CONCESSION @. . .. *M @ . STREET EXHIBIT "a" AMENDMENT No.'40 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP E2, NEIGHBOURHOOD PLANNING UN!TS, BOWMANVILLE URBAN AREA J r=-- -- I I I I I CONCESSIOlO IIOIll 3 ,.........--- I I I I I .. on ~ I I CONCE!SION I I III , ~ I I I I ~ I I i I BASalNE IlOID ~40, I ~I i' ~, I MAPE2 /214 ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-034 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 Town of Newcastle to permit the development of medium density residential uses in accordance with application ZBA 2003-015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation ofthe Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto the fOllowing new Special Exception 14.6.25 as follows: "14.6.25 URBAN RESIDENTIAL EXCEPTION (R3-25) ZONE Notwithstanding Sections 2, 14.1, and 14.4, those lands zoned R3-25 on the Schedules to this By-law shall only be used subject to the following zone regulations: a) Definition i) Dwelling, Stacked Townhouse Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. b) Permitted Residential Uses i) link townhouse dwelling, and ii) stacked townhouse dwelling c) Regulations for Residential Uses i) Density (max) ,ii) Lot Frontage (min) 60 units per hectare 13.5 metres Hi) Yard Requirements a) front yard to an improved public street or private street b) exterior side yard to an improved public street or private street c) interior side yard (min) d) interior side yard separation between buildings without common wall (min) e) rear yard (min) f) rear yard separation between buildings (min) iv) Dwelling Unit Area (min) v) Lot Coverage (max) vi) Landscaped Open Space (min) vii) Building Height (max) 4.5 metres (min) -7.5 metres (max) 4.5 metres (min) -7.5 metres (max) 7.5 metres 3.0 metres 7.5 metres 15 metres 85 square metres 40 percent 40 percent 10.5 metres 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "General Commercial (C1) Zone" to "Holding - Urban Residential Exception ((H)R3-25) Zone" as shown 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 passed by the Ontario Municipal Board this day of March, 2005. Ontario Municipal Board This is Schedule"A" to By-law 2005- 034, passed this day of .2005 A.D. -l -l ~ W ...J a a ~ CRESCENT z <( " _ Zoning Change From "C1" To I(H)R3-25" John ~utton. Mayor Petti L Borrie. Municipal Clerk S'c UG! OQ S'l' AVENUE ~ ~J a::: o z t::i w a::: l- (/) ~ a::: w CD :::; p..\Jt.. I- ~~ r8 Bowmanvllle r; ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-035 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 Town of Newcastle to permit the development of retail commercial and high density residential uses in accordance with application ZBA 2003-015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding thereto the following new Special Exception 16.5.38 as follows: "16.5.38 GENERAL COMMERCIAL EXCEPTION (C1-38) ZONE Notwithstanding Sections 2, 16.1, 16.2, and 16.3, those lands zoned C1-38 on the Schedules to this By-law shall also be subject to the following zone regulations: a) Definitions i) Front Lot Line For the purposes of. measuring the front yard to a building containing permitted residential uses within a "C1-38" Zone, the front lot line shall be deemed to be the lot line abutting the improved public street municipally known as Liberty Street. ii) Retirement Home Shall mean a residential building constructed and used to accommodate either or both individual retired persons, or couples one of whom is retired, where each private bedroom or suite has separate washroom facilities and a separate entrance from a common hall, and common facilities are provided for the preparation and consumption of food. Common lounges, recreation rooms; and short-term medical care facilities may also be provided. The term retirement home includes a home for the aged as defined by the Homes for the Aged and Rest Home Act. 2 b) Permitted Residential Uses i) apartment building; Ii) nursing home; Hi) retirement home; and, iv) senior citizens' apartment building. c) Regulations for Residential Uses i) Density (max) 100 units per hectare ii) Yard Requirements a) front yard 4.5 metres (min) - 7.5 metres (max) 7.5 metres, where this yard abuts a residential zone c) rear yard (min) 7.5 metres d) setback from a building containing residential uses e) setback from a building containing non-residential uses 15 metres 20 metres b) interior side yard (min) iii) Lot Coverage (max) iv) Building Height (max) 40 percent 18 metres v) Where the building exceeds a height of 12 metres, the yard requirements contained in Section 16.5.38 c) ii) b) and Section 16.5.38 c) ii) c) shall be increased by 1 metre for each additional full metre, or part thereof, of height added to the building height. d) Notwithstanding Section 16.1, a convenience store may be constructed and used on the lands zoned C1-38 on the map contained in the Schedule attached to and forming part of this By-law. e) Permitted non-residential uses shall be developed in accordance with Section 16.3 and the following provisions: i) Non-Residential Floorspace (max) a) Retail Commercial Uses 3,000 square metres, and b) Office Uses 500 square metres ii) Additional Yard Requirements a) Depth of area between building 30 metres and south lot line (max) b) Depth of area between building 90 metres and north lot line (min) 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: 3 "Holding - General Commercial ((H)C1) Zone" and "Holding - Urban Residential Type Four ((H)R4) Zone" to "Holding - General Commercial Exception ((H)C1- 38) Zone" as shown 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 passed by the Ontario Municipal Board this day of March, 2005. Ontario Municipal Board This is Schedule" An to By-law 2005-035 , passed this day of . 2005 A.D. I I- oc o z ti w oc l- V] ~ oc w CD ::J ~ Zoning Change From 1(H)R4" To 1(H)C1-38" _ Zoning Change From "(H)C1" To 1(H)C1-38" John Mutton, t,AQ)'Or Patti L Barrie, Uunicipol Clerk J'c Vel OQ J'", AVENUE ~J 0:: o Z t::i w 0:: tri ~ 0:: w (IJ f>-"~' f- ~~ r8 Bowmanvllle ATTACHMENT 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-036 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 Town of Newcastle to permit the development of medium density residential uses in accordance with application ZBA 2003-015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation ofthe Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS- URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto the following new Special Exception 14.6.26 as follows: "14.6.26 URBAN RESIDENTIAL EXCEPTION (R3-26) ZONE Notwithstanding Sections 2, 14.1, and 14.4, those lands zoned R3-26 on the Schedules to this By-law shall also be subject to the following zone regulations: a) Definitions i) Dwelling, Stacked Townhouse Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. ii) Retirement Home Shall mean a residential building constructed and used to accommodate either or both individual retired persons, or couples one of whom is retired, where each private bedroom or suite has separate washroom facilities and a separate entrance from a common hall, and common facilities are provided for the preparation and consumption of food. Common lounges, recreation rooms, and short-term medical care facilities may also be provided. The term retirement home includes a home for the aged as defined by the Homes for the Aged and Rest Home Act. '. b) Permitted Residential Uses i) link townhouse dwelling; ii) nursing home; Hi) retirement home; iv) senior citizens' apartment building; and, v) stacked townhouse dwelling. c) Regulations for Nursing Home, Retirement Home, and Seniors' Citizens Apartment Building i) Density (max) 60 units per hectare ii) Yard Requirements a) front yard c) interior side yard (min) d) rear (min) 4.5 metres (min) - 7.5 metres (max) 4.5 metres (min) - 7.5 metres (max) 1 0 metres 10 metres b) exterior side yard Hi) Lot Coverage (max) 40 percent iv) Building Height (max) 12 metres d) Regulations for Link Townhouse Dwellings and Stacked Townhouse Dwellings i) Density (max) 60 units per hectare ii) Lot Frontage (min) 13.5 metres iii) Yard Requirements a) front yard to an improved public street or private street b) exterior side yard to an improved public street or private street c) interior side yard (min) d) interior side yard separation between buildings without common wall (min) e) rear yard (min) f) rear yard separation between buildings (min) 4.5 metres (min)-7.5 metres (max) 4.5 metres (min)- 7.5 metres (max) 7.5 metres 3.0 metres 7.5 metres 15 metres iv) Dwelling Unit Area (min) 85 square metres v) Lot Coverage (max) vi) Landscaped Open Space (min) vii) Building Height (max) 40 percent 40 percent 10.5 metres 2. 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) Zone" to "Holding - Urban Residential Exception ((H)R3-26) Zone" as shown 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 passed by the Ontario Municipal Board this day of March, 2005. Ontario Municipal Board This is Schedule"A" to By-law 2005-036 , passed this day of . 2005 A.D. I:;J W 0::: I- (f) I- Z W " 0::: <l: :r: l- ll:: o Z I- W W Il:: l- V) GOODWIN AVENUE ~ Il:: W m ....J ~ Zoning Change From "(H)R4" To "(H)R3-26" John Mutton, L4o)'or ~ Patti L Barrie. Municipcll Clerk J'o Vo. 0(;' J'/- u::~ U W ...J o o ::;; /'.\Jt.. I- ~IA ~ Bowmanvllle ~ .... :r: I- 0::: 0 z t:i w 0::: I- (f) ~ 0::: W [IJ .... S( VD. r;