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HomeMy WebLinkAboutOMB Decision Zoning By-law - Dunbury Developments (Regional) Ltd.Ontario Municipal BoardAb AW Commission des affaires municipales9� de I'Ontario �, Ontario ISSUE DATE: July 14, 2016 CASE NO(S).: PL151200 PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Subject: Existing Zoning: Proposed Zoning: Purpose: Property Address/Description Municipality: Municipality File No.: OMB Case No.: OMB File No.: OMB Case Name: Dunbury Developments (Regional) Ltd. Application to amend Zoning By-law No. 84-63 - Refusai or neglect of the Municipality of Clarington to make a decision Agricultural (A) Site Specific (To be determined) To permit a residential development between 237 and 301 residential units, which includes detached, semi-detached and townhouse dwellings and a public park 2278, 2318, 2360 Regional Road 57 Municipality of Clarington ZBA 2011-0012 PL151200 PL151200 Dunbury Developments (Regional) Ltd. v. Clarington (Municipality) PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Subject: Purpose: Property Address/Description Municipality: Municipality File No.: OMB Case No.: Dunbury Developments (Regional) Ltd. Proposed Plan of Subdivision - Failure of the Municipality of Clarington to make a decision To permit a residential development between 237 and 301 residential units, which includes detached, semi-detachcd and townhouse dwellings and a public park 2278, 2318, 2360 Regional Road 57 Municipality of Clarington S -C-2011-0002 PL151200 OMB File No.: Heard: APPEARANCES: Parties Dunbury Developments (Regional) Ltd. Municipality of Clarington PL151201 June 27, 2016 in Clarington, Ontario Counsel A. Skinner A. Allison PL151200 MEMORANDUM OF ORAD DECISION DELIVERED BY JASON CHEE-HING ON JUNE 27, 2016 AND ORDER OF THE BOARD [1] These matters have been settled between the Parties. [2] By way of background, Dunbury Developments (Regional) Ltd. („Applicant", "Appellant" "Dunbury") appealed the failure of the Municipality of Clarington ("Clarington") to make a decision on its Zoning By-law Amendment (°ZBA") and Draft Plan of Subdivision ("draft plan") applications within the statutory time period under the Planning Act ("Act"). [3] The subject lands are located at 2278, 2318, 2360 Regional Road 57 ("RR 57") in Bowmanville. The site is 11.97 hectares in area and is located at on the east side of RR 57, north of Durham Highway No. 2. The site. is located within the urban boundary of Clarington. Dunbury proposes to develop a subdivision consisting of approximately 237-- 301 residential units. The draft plan consists of single detached, semi-detached, street townhouses, and two apartment blocks with ground floor retail uses. A park is also proposed (Exhibitl B). An amendment to the existing Zoning By-law (7BL") No. 84-63 to re -zone the subject site from Agricultural to Urban Residential Exception Zone and the approval of the proposed draft plan are required to facilitate this greenfield development proposal. 3 PL151200 [4] The Region of Durham is a party to these proceedings but was not present at this settlement hearing. Andrew Allison, counsel for Clarington, advised the Board that the Region is satisfied with the proposed ZBA, draft plan and associated conditions of draft plan approval. [5] Mr. Allison also advised that Clarington Council by resolution supported the draft ZBA and proposed Draft Plan and associated conditions of Draft Plan approval now before the Board. Clarington Council is asking the Board to now approve these proposed planning instruments. [6] With the consent of the parties, Bryce Jordan, a qualified planner provided planning opinion evidence in support of the proposed planning instruments. At the Board's directions Cynthia Strike, principal planner for Clarington also provided planning evidence in response to concerns of an adjacent neighbour. [7] Mr. Jordan testified that through extensive discussions with Clarington planning staff the proposed draft plan now before the Board has been revised from the original submission. Notable changes included adjusting the alignment for the future extension of Longworth Avenue following the completion of an Environmental Impact Study and Environmental Assessment in 2012. The mix and size of the proposed residential lots and the location of the parkette have also changed (Exhibit 1 B, Tab 15). Two low-rise apartment blocks with ground floor retail uses are proposed for the northern part of the subject site which fronts onto the future Longworth Avenue extension. This part of the subject lands is designated Village Corridor under the Brookhill Secondary Plan and the proposed mixed-use apartment buildings will be consistent with the range and type of uses permitted within the Village Corridor. . [8] Mr. Jordan gave his professional planning opinion that the proposed ZBA found in Exhibit 1 B, is consistent with and conforms to the Provincial Plans (Provincial Policy Statement and Growth Plan for the Greater Golden Horseshoe), conforms and complies with the upper and lower tier Official Plans and represents good planning. Mr. Jordan Ell I aNt9i2PZ 111 gave his professional planning opinion that the Draft Plan found in Exhibit 1 B has appropriate regard for the criteria found in s. 51 (24) of the Act and represents good planning. [9] Mark Ashworth is an adjacent neighbour just east of the subject site and a participant in these proceedings. He expressed concerns about the potential adverse impact of the proposed subdivision on his supply of well water for his property. He was also concerned about the lack of bicycle lanes in the Bowmanville area and questioned whether the future Longworth Avenue expansion will contain bike lanes. [10] In response to Mr. Ashworth's concerns, Ms. Strike, principal planner for Clarington testified that there is no requirement for the Applicant to do a hydrogeological study as the lands are within the urban boundary and the proposed subdivision will be served by municipal piped water. However, she also testified that Clarington Works Department has a standing policy to investigate complaints by neighboring landowners that are on well water. If it's determined that nearby residential subdivisions have negatively impacted the supply of well water then the municipality in concert with the Region will address these concerns. Counsel for both Clarington and Dunbury confirmed that should Mr. Ashworth request a base -line measurement of his well water that it will be done at their expense. Ms. Strike also confirmed that Longworth Avenue will contain bicycle lanes. [11] Andrea Skinner, counsel for Dunbury noted that there were some minor typographical errors contained in the proposed ZBA. With the municipality's consent Ms. Skinner will forward the revised final documents to the Board. [12] The Board accepted and relied on the professional planning evidence of Mr. Jordan which was given with the consent of both parties. The Board found that the proposed planning instruments and conditions of Draft Plan approval met the requirements of the Act and represented good planning. The revised planning 5 PL151200 documents have since been received from the parties and are attached to this decision. ORDER [13] The Board orders that: 1. The appeal against By-law No. 84-63 of the Municipality of Clarington is allowed in part, and the said By-law is amended as set out in Attachment 1 to this order; 2. The appeal of the Draft Plan is allowed and the draft pian of subdivision and conditions of draft plan approval as set out in Attachments 2 and 3 to this order are approved; and 3. Pursuant to s. 51(56.1) of the Act, final approval of the Draft Plan of Subdivision is given to the Municipality of Clarington. [14] The Board may be spoken to by the parties in the event that any issues arise in connection with the implementation of this order. [15] Board Rule 107 states: 107.Effective Date of Board Decision A Board decision is effective on the date that the decision or order is issued in hard copy, unless it states otherwise. [16] Pursuant to Board Rule 107, this decision takes effect on the date that it is e- mailed by Board administrative staff to the clerk of the municipality where the property is located. R PL151200 "Jason Chee-Hing" JASON GHEE -HIND MEMBER If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDE format. Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-242-6349 Toil Free: 1-866-448-2248 ATTACHMENT 1 Corporation of the Municipality of Clarington By-law 2016-, 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 Corporation of the Municipality of Clarington for ZBA 2011-0012; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. SECTION 12 "SPECIAL. EXCEPTIONS — URBAN RESIDENTIAL_ TYPE ONE (R1) ZONE is hereby amended by adding a new Special Exception Zone as follows: "12.4.97 URBAN RESIDENTIAL_ EXCEPTION (R1-97) ZONE" Notwithstanding Sections 3.1 g., i) and iv); 3.16 i. Iv); 12.1; 12.2 a); b); c); d).i), ii), iii), D; i), those lands zoned R1-97 on the Schedules to this By-law shall only be used for single detached and Semi-detached dwellings, subject to the following zone regulations: a. Lot Area (minimum) i) Single detached dwellings with minimum of 10.4 metre frontage 304 square metres LL) Single detached dwellings with minimum of 12,0 metre frontage 374 square metres ill) Semi-detached dwellings with a minimum of 15.0 metre frontage 550 square metres b. Lot f=rontage Interior (minimum) I) Single detached dwelling 10.0 metres ii) Single detached dwelling 12.0 metres iii) Semidetached dwellings 18.0 metres C. Lot -Frontage Exterior (minimum) i) Single detached dwelling 12.0 metres ii) Semi -Detached dwellings 20.0 metres d. Yard Requirements (minimum) i) f=ront or exterior side yard 6.0 metres to the garage; 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 6.0 metres to the garage; 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) Interior side yard for single -detached dwellings 1.2 metres on one side and 0.6 metres on the other side iii) Interior side yard for semi-detached dwellings 1,2 metres e, 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 3.0 metres, but in no instance shall the interior side yard be reduced below 0.6 metres, ii) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre, iii) Visibility Triangle (minimum) 5,0 metres f. Lot Coverage (maximum) i) 1 Storey a) Dwelling 50 percent b) Total of all buildings and structures 55 percent ii) All other residential dwellings a) Dwelling 45 percent b) Total of all buildings and structures 50 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porchibalcony having no habitable floor space above it, shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony 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, b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage g. Height of floor deck of unenclosed porch above the average finished grade measured at the front lot line (maximum) 1,0 metre h. Height (maximum) i) 1 storey ii) All other residential units Semi-detached driveway width (maximum) j. Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior wall or covered porch projection ii) Garage width for a 10.0 metre single detached dwelling shall be a maximum 40% of the width of the lot. 8.5 metres 12.5 metres 4.6 metres 2. SECTION 14 "SPECIAL EXCEPTIONS -- URBAN RESIDENTIAL TYPE THREE (R3) ZONE is hereby amended by adding a new special exception zone as follows: "14.6.51 URBAN RESIDENTIAL EXCEPTION (R3-51) ZONE" Notwithstanding Sections 3.1g.; j. i), iv); 3,96 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; g.; and h. those lands zoned R3-51 on the Schedules to this By-law shall only be used for semi-detached dwellings and street townhouse dwellings having frontage on both a public lane and an improved public street, subject to the following: a. Semi-detached shall be permitted as follows (minimum): i) Lot area 450 square metres ii) Lot frontage - interior 14.8 metres Iii) Lot frontage - exterior 18.0 metres b. Street townhouse dwelling shall be permitted as follows (minimum): i) Lot area 180 square metres ii) Trot frontage - interior 6.0 metres ill) Lot frontage -- exterior 9.0 metres C. Yard Requirements (minimum) i) Front yard or exterior side yard — abutting an improved public street that is 20 metres wide or less 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) Front or exterior side yard — abutting an improved public street that is 23 metres wide or greater 4.0 metres to dwelling; 2.0 metres to the unenclosed porch iii) Interior side yard 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-51 zone iv) Rear yard a) Dwelling to a public lane 13 metres b) Garage to a public lane 1.0 metres d. Special Yard Regulation i) Minimum separation between the dwelling and detached garage on the same lot shall be 6.0 metres. ii) A detached private garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another private garage on an adjacent lot located in the R3-51 zone. iii) Bay windows with foundations may project into any rear or exterior side yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 3,0 metres. iv) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. e. Visibility Triangle (minimum) 5.0 metres f. Lot Coverage (maximum) i) Semi-detached dwelling 40 percent ii) Semi-detached dwelling and total of all buildings and structures 50 percent iii) Townhouse dwelling 45 percent Iv) Townhouse dwelling and total of all buildings and structures 55 percent V) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) In the case of an Interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage g. Height of floor deck of unenclosed porch above the average finished grade measured at the front lot line (maximum) 1.0 metre h. Height (maximum) 12.5 metres I. No parking space shall be located in any front or exterior side yard. 3, Section 15 "SPECIAL EXCEPTIONS ---URBAN RESIDENTIAL TYPE FOUR (R4) Zone is hereby amended by adding a new Special Exception Zone as follows: "15.4.41 URBAN RESIDENTIAL EXCEPTION (R4-41) ZONE" Notwithstanding Section 3.11, 3.16 b) (ix) , 3,28, 15.1, 15.2, a, c, e., g., h., i., those lands zoned (R4-41) as shown on the Schedules to this By-law shall have frontage on an improved public street, and access on a public lane or private street subject to the following uses and regulations" a. Permitted Residential Uses: i) Apartment Building ii) Stacked Townhouses iii) Street Townhouses b. Permitted Non-residential Uses for Apartment Buildings only: i) Bank or financial establishment, business, professional or administrative office; G. a e. ii) Convenience store; iii) Dry cleaning distribution centre; iv) Eating establishment; V) Eating establishment, take-out; vi) Medical or dental clinic; vii) Retail commercial establishment; viii) Service shop, personal; ix) A public square Drive-through facility is not permitted. Regulations for Residential Uses i) Density a) Minimum per block b) Maximum per block Regulations for Apartment Buildings i) Lot Frontage (minimum) ii) Yard Requirements a) Front yard (north) (minimum) b) Interior side yard (minimum) C) Exterior side yard (minimum) (maximum) d) Rear Yard (minimum) iii) Lot Coverage (maximum) iv) Landscape Open Space (minimum) V) Building Height (minimum) (maximum) vi) Landscape Strip adjacent to the front or exterior lot line (minimum) 75 units per hectare 120 units per hectare 30 metres 3 metres 2.0 metres 2.5 metres 4.5 metres 3.0 metres to private street or public lane 60% 25% 3 storeys 6 storeys 1.5 metres f. Regulations for Stacked Townhouses and Street Townhouses (minimum) i) Lot Area ii) Lot Frontage lii) Yard Requirements a) Front yard or exterior side yard 185 square metres 6.0 metres 3.0 metres to the dwelling 1.2 metres to the unenclosed porch on a street abutting a municipal sidewalk b) Interior side yard 1.2 metres; Nil where a building has a common wail with any building on the adjacent lot in the same zone C) Rear Yard 5.0 metres iv) Height of floor deck of unenclosed porch above the average finished grade measured at the front lot line 0.5 metres g. Regulations for Stacked Townhouses i) Rear Yard (minimum) 6.4 metres ii) Lot Coverage (maximum) 60% iii) Landscape Open Space (minimum) 25% iv) Building height (minimum) 3 storeys (maximum) 4 storeys V) Parking spaces shall not be located in the required yard between an improved public street and a residential use vi) 2 parking spaces for each Live Work Unit (minimum) vii) Landscape Strip adjacent to the front or exterior lot line (minimum) 1.5 metres viii) Second story decks may encroach into the rear yard (maximum) 4.0 metres h. Regulations for Street Townhouses i) Only permitted where the dwellings front on an improved public street on the south side of the block, ii) Rear Yard (minimum) a) Dwelling without attached garage to a private street 13.0 metres b) Dwelling with an attached garage to a private street 6.0 metres iii) Lot Coverage (maximum) a) Townhouse dwelling 45% b) Townhouse dwelling and total of all structures 55% iv) Landscape Open Space 30% L Special Yard Regulation for Street Townhouses i) Minimum separation between the dwelling and detached garage on the same lot shall be 6.0 metres ii) A detached garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another garage on an adjacent lot located in the R4-41 zone iii) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.2 metres iv) Visibility Triangle (minimum) 5.0 metres V) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage vi) No parking space shall be located in any front or exterior side yard. j. Building height (minimum) 2 storeys (maximum) 3 storeys k. Regulations for Non -Residential uses i) Non-residential uses permitted only in the street front facing portion of the ground floor of a building containing a permitted residential use. ii) Total floor Area of a non-residential use shall be a maximum of 500 square metres. iii) 'transparent Glazing (minimum) 60% of the first storey iv) An outdoor patio will not be permitted for a business licensed to serve alcohol. V) Loading spaces may not be permitted in the front or exterior side yard and may only be accessed by a public lane or private street. vi) Refuse areas may not be permitted in the front or exterior side yard,may only be accessed by a public lane or private street and must be fully enclosed. 4. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Urban Residential Type One (R1) Zone" "Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H) 131-97)" "Agricultural (A) Zone" to "Holding -Urban Residential Exception} ((H) 143-39)" "Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H) R3-51)" "Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H) R4-49) Zone" as illustrated on the attached Schedule 'A' hereto, 5, Schedule 'A' attached hereto shall form part of this By-law. 6. This By -12W shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act,