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HomeMy WebLinkAboutPSD-021-06 ClYlpn REPORT PLANNING SERVICES Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, February 20, 2006 PSD-021-06 File #: ZBA 2005-0055 B~, ,-I~jJ:.9l'''r("', of', 3, '1 .,-, t=.1=J - D .sc;--nb ZONING BY-LAW AMENDMENT TO PERMIT THE REDEVELOPMENT OF TWO PROPERTIES WITH 14 SINGLE DETACHED DWELLINGS APPLICANT: PENWEST DEVELOPMENT CORPORATION LTD. Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-021-06 be received; 2. THAT the rezoning application submitted by the Penwest Development Corporation Ltd. be APPROVED; 3. THAT the amending By-law attached be forwarded to Council for approval; 4. THAT a by-law for the removal of "Holding (H)" be forwarded to Council at such time the conditions of the consents have been approved; 5. THAT a copy of Report PSD-021-06 and the attached amending By-law be forwarded to the Durham Region Planning Department; and, 6. THAT the Region of Durham and all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: a Id . Crame, M.C.I.P., R.P.P. Director of Planning Services o~~ Franklin Wu, Chief Administrative Officer SA/CP/DJC/df 10 February 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-021-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Totten Sims Hubicki Associates 1.2 Owner: Penwest Development Corp. Ltd. 1.3 Rezoning: To rezone the subject lands from the "Urban Residential Type One (R1) Zone" to an appropriate zone to permit the redevelopment of two properties to permit fourteen (14) single detached dwellings with 12.0 metres minimum frontages. 1.4 Site Area: 5787 m2 2.0 LOCA TION 2.1 The subject lands are located at 65 and 73 Concession Street East, Bowmanville (Attachment 1). The property is contained within Part Lot 9, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On October 25, 2005, Totten Sims Hubicki Associates on behalf of Penwest Development Corp. Ltd, submitted an application to the Municipality of Clarington to rezone the subject lot at 65 and 73 Concession Street East to permit the redevelopment of two properties to permit a total of fourteen single detached dwellings. The two properties are not abutting. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Currently 73 Concession Street East is vacant, having been previously used for a sales trailer for the subdivision surrounding this property and has frontage on both Concession Street East and Mearns Avenue. There is an existing access to Concession Street East. 65 Concession Street East contains a single detached dwelling with driveway access to Concession Street East and the property was recently purchased by Penwest. 4.2 Surrounding Uses: North: South: East: West: Commercial plaza Low density residential (single detached dwellings under construction) Low density residential (single detached dwellings) Low density residential (single detached dwellings under construction) REPORT NO.: PSD-021-06 PAGE 3 5.0 PROVINCIAL POLICIES 5.1 The Provincial Policy Statement states that new development shall occur adjacent to the existing built-up area, and that municipalities shall direct the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to support current and projected needs. The rezoning application and concurrent land division applications will complete the development of a portion of the neighbourhood bounded by a tributary of the Soper Creek to the west, Mearns Avenue to the east, Concession Street East, to the north and Highway 2 to the south. The application is in conformity with the Provincial Policy Statement. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "Living Area" in the Durham Region Official Plan. The predominant use of lands in the Living Area designation is for housing. 6.2 The lands are designated "Urban Residential" in the Clarington Official Plan. The predominant use of lands in Clarington's Urban Residential designation is for housing. The property is located within the Vincent Massey Neighbourhood and designated for low density housing. The application would conform to these policies. 7.0 ZONING BY-LAW 7.1 The subject lands are currently zoned "Urban Residential Type One (R1) Zone". The applicant has requested to redevelop these two properties for single detached dwellings on 12 metre frontages which is not permitted in the "R 1" zone, thus the need for the rezoning application. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. 8.2 One inquiry was received following the sign being posted and notice mailed. The inquiry suggested the use of the property as a parkette for the people living on the north side of Concession Street East. Their concern was that the Guildwood Park is over used and the Elephant Hill Park is located uphill and is thus difficult to access. They had no objection to the new dwellings, but would prefer to see a parkette. 9.0 AGENCY COMMENTS 9.1 Clarington Engineering Services, Building Division, Emergency Services and Community Services have no objection to the rezoning application. Engineering REPORT NO.: PSD-021-06 PAGE 4 Services submitted detailed comments and requirements for the related land division applications submitted concurrently to the Durham Region Land Division Committee. 9.2 Durham Region has no objection to the application. A noise study is required and has been submitted to the Region and Clarington in support of the application. 9.3 Central Lake Ontario Conservation has reviewed grading plans that were submitted with the concurrent Land Division applications. CLOC has approved these grading plans and has no further concerns with the rezoning application. 9.4 Veridian, Rogers, Enbridge and Bell had no objections to this application. 1 0.0 STAFF COMMENTS 10.1 The owner of the surrounding lands, Penwest Development Corp. Ltd has endeavoured to purchase both the subject lands for a number of years. They have completed eight phases of subdivision development south of these lands from Orchard Park Drive Oust north of King Street East) to Concession Street East. These are the last two parcels of land to complete the development pattern determined through Plan of Subdivision 40M- 2203. 10.2 The existing lot pattern around the subject properties consists of lots with 12 metre frontages. Building permits have been issued on approximately half of the lots in 40M- 2203 and many dwellings are currently under construction. The proposed zoning will continue this 12 metre frontage lot pattern and the two parcels will be in keeping with the surrounding area. The applicant is also proposing to use the same setbacks as all the surrounding lots in the area to keep the street appearance consistent. 10.3 The Official Plan policies generally limit the number of severances from a single parcel to three new lots. As the subdivision agreement between the Municipality and Penwest for the lands surrounding the parcel at the corner of Mearns and Concession dealt with all road and servicing issues and provided an overall grading plan for the area, it was decided that the applicant could proceed through the Land Division process for seven new lots. Subsequent to that decision, the owner was able to purchase the second lot, and permission was granted for five additional lots, located on the same streets to be created by land division. 10.4 A development agreement has been required as a condition of approval for these lots which will ensure all the Municipality's requirements, financial and otherwise, are met prior to development. 10.5 The internal road, Dadson Drive has been constructed at this time so there is adequate access to the south-facing proposed lots. Water, sanitary and electrical services are located in the surrounding road allowances and have the capacity to service these proposed lots. REPORT NO.: PSD-021-06 PAGE 5 10.6 Through the Land Division applications the Region requested a noise study to ensure that appropriate mitigation measures are taken to abate the noise generated by Mearns Avenue and Concession Street East, which are both Type C Arterial Roads. The noise study requirements, including a noise fence for lots abutting Mearns Avenue, mandatory air conditioning and a warning clause for the corner lot, forced-air heating system able to accommodate air conditioning with a warning clause for lots facing Concession Street East or Mearns Avenue, will be addressed through the municipal land division agreements. 10.7 The Clarington Finance Department reports that all applicable taxes are paid in full for both properties at this time. 11.0 RECOMMENDATION 11.1 The subject lots are the two remaining development parcels in this section of the Vincent Massey Neighbourhood. The rezoning of these lands is consistent with the surrounding approved lots, will complete the development pattern previously established by a number of phases of subdivision approval and will facilitate the land division applications. Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment Interested parties to be notified of Council and Committee's decision: Ron Albright, Totten Sims Hubicki Associates Penwest Development Corporation Ltd. Conrad Gareau c: ~ 0_ .- C/J C/J m ~w u_ c: Q) o ~ C\I u- MOO c:: - ,.... :c to- - III ! ~ 0 E IlII: l- t N ICII = E Z ~ ~ N 0 c:: fn to- E ICII fn a E z N 0 E e ;; N LL fn Wl~ E Q) III Wl~ U N C) Z E t::: 0 N co U oJ:: 0 c: C) 0_ c .- C/J .c C/J m ~w 0 u- N c: Q) ~ o Q) U,; LOW co N . - ~ 'S; C lIS E ~ 1XI - Co lIS :is c o ~ lIS U o ..I ~ CD Co e Q. 3nN3A" SNHY3W Attachment 1 To Report PSD:021-06 - I- ...J Z ci. w ... :liE 0 c ~ It) Z c It) W CD Q:liE E q <( g. ~ ~ ~ <C >- In CO N C) Z - Z o N - rn CD ~ c CD a.. ..: CD c ~ o Attachment 2 To Report PSD-021-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former 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 Corporation of the former Town of Newcastle to implement ZBA 2005-0055; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Type Two ((H)R2) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. 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 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2006- passed this day of 9 2006 A.D. \ CONCESSION STREET EAST E N r0 w :l Z w ~ III Z a: cC w Ji 12 12m 12m 12m 11 E N r0 12 12m 12m 12m DADSON DRIVE ~Zoning Change From "R1" To "(H)R2 II John Mutton, Moyor Potti L. Borrie, Municipal Clerk tj R=\~~ 1:1;j ITilt~ CONCESSION ST t ~i ORR CRT. ~i