HomeMy WebLinkAboutPSD-021-06
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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
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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
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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
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Attachment 1
To Report PSD:021-06
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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.
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CONCESSION STREET EAST
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DADSON DRIVE
~Zoning Change From "R1" To "(H)R2
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John Mutton, Moyor
Potti L. Borrie, Municipal Clerk
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