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Home My WebLink AboutPSD-131-07 Cl!J!JgglOn REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 16::>\ v-\-10Y\ "\.-; fA ~ .G~q - 07 Monday, November 19, 2007 Meeting: Report #: PSD-131-07 File #: ZBA 2007-0033 By-law #:J., 00'1- ,;:;{ 19 Subject: REZONING TO PERMIT THE CONSTRUCTION OF EIGHT SINGLE DETACHED DWELLING UNITS ON 11.0 AND 12.0 METRE MINIMUM FRONTAGE LOTS APPLICANT: ASPEN SPRINGS WEST LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-131-07 be received; 2. THAT provided there are no significant objections received at the Public Meeting, the rezoning application submitted by Aspen Springs West Limited to permit eight single detached dwelling units be APPROVED and that a by-law be PASSED by Council to ADOPT the amendment as contained in Attachment 2 of Report PSD-131-07; 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and a Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D a. ome, M.C.I.P., R.P.P. Director, Planning Services Reviewed by: ()~~hJ4, Franklin Wu Chief Administrative Officer GF*DJC*sn*av November 13, 2007 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-131-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Springs West Limited 1.2 Owner: Same as Applicant 1.3 Proposal: To permit construction of eight single detached dwelling units on 11.0 and 12.0 metre minimum frontage lots. 1.4 Area: 0.32 hectares 1.5 Location: Part Lot 16, Concession 1, former Township of Darlington, known municipally as 73 Remmington Street. 2.0 BACKGROUND 2.1 On June 1, 2007, Aspen Springs West Limited submitted an application for rezoning that would permit the construction of eight single detached dwellings on 11.0 and 12.0 metre minimum frontage lots. 2.2 In 2003, the applicant submitted an application to amend the Clarington Official Plan (COPA 2003-001) to delete a "Neighbourhood Commercial" designation from the subject lands. This also involved a rezoning application (DEV 97-002) to implement the development of the area following an amendment to a draft approved Plan of Subdivision (18T-96014). The Clarington Commercial Policy Review, implemented through OPA 43 to the Clarington Official Plan in 2005 changed the structure of commercial designations in Clarington. This amendment redesignated the subject lands from "Neighbourhood Commercial" to "Urban Residential". 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located within the Bowmanville Urban Area, bounded by Remmington Street to the north, Clancy Lane to the east, Bottrell Street to the south and Green Road to the west. Existing urban residential development surrounds the subject property with the exception being to the west of Green Road which is currently vacant though it is designated for urban residential land uses in the Clarington Official Plan. 3.2 The surrounding uses are as follows: North - South - East - West - Urban Residential Urban Residential Urban Residential Vacant (designated for Urban Residential development) REPORT NO.: PSD-131-07 PAGE 3 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement requires that settlement areas be the focus of growth where infrastructure and public service facilities are located and available. The subject property is within the Bowmanville Urban Area and existing urban services will service the proposed dwelling units. The Provincial Policy Statement also requires that municipalities provide a full range of residential housing types at varying densities. The immediately surrounding area currently has a range of low and medium density residential development displaying numerous housing types and forms. The proposal to construct eight single detached dwelling units is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Provincial Growth Plan directs municipalities to manage growth by directing a significant amount of new growth to already built-up areas of the community. This enables more efficient use of existing urban infrastructure services. The proposed dwelling lots are located within a recently built neighbourhood with a blend of low and medium density homes. The West Bowmanville Town Centre is located to the north and offers a good mix of residential commercial, cultural and community uses. The eight proposed dwelling lots will also utilize existing urban infrastructure services. The applicant's proposal to construct eight single detached dwelling units therefore conforms to the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan The Durham Region Official Plan designates the subject property "Living Areas." The predominant use of lands within the "Living Areas" designation shall be for housing purposes. The applicant's proposal to construct eight single detached dwelling units conforms to the Durham Regional Official Plan. 5.2 Clarinaton Official Plan The Clarington Official Plan designates the subject property "Urban Residential." The predominant use of lands within "Urban Residential" designation shall be for housing purposes however, corner stores containing no more than 500 square metres are also permitted. The predominant housing forms in low density residential areas include single detached, semi-detached, link and duplex dwelling units. The applicant's proposal to construct eight single detached dwelling units conforms to the Clarington Official Plan. REPORT NO.: PSD-131-07 PAGE 4 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Neighbourhood Commercial Exception with holding symbol ((H) C2-8)." Residential uses are prohibited in this zone except for circumstances where a dwelling unit is located within a portion of a non-residential building that is permitted in the "C2-8" zone. The Applicant is proposing to rezone the lands to permit the construction of eight single detached dwelling units. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Notice was given to the public by mail to each landowner within 120 metres of the subject property and a public notice sign was installed by the Applicant on the Remmington Street and Bottrell Street frontages for a period of one month prior to the scheduled public meeting on November 19, 2007. 7.2 At the time of writing this report, Staff has not received any objections in regard to the proposed rezoning that permit the development of eight single-detached dwellings. 8.0 AGENCY COMMENTS 8.1 The application and associated materials were circulated to a number of agencies for comment. Clarington Building Division, Clarington Emergency Services, Clarington Operations, and Clarington Community Services reviewed the application and have no objections. Additionally, Central Lake Ontario Conservation has reviewed the application and advises that they have no objections. 8.2 Clarington Engineering Services has reviewed the application and would advise that the Applicant will be required to obtain all necessary engineering approvals and implement any engineering changes as deemed necessary to facilitate residential development. 8.3 Durham Region Planning Department has reviewed the application and advises that there are no matters of Provincial interest affecting the subject property. They have also noted that additional service connections to the proposed dwelling unit will be required. The Applicant is required to submit a site servicing plan and engineering drawings to Durham Region Works Department showing the proposed connections. Connection fees will also apply. 8.4 Bell Canada advises that easements may be required for telecommunication services subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the Applicant shall be responsible for the relocation of such facilities or easements. REPORT NO.: PSD-131-07 PAGE 5 9.0 STAFF COMMENTS 9.1 Applications to amend the Clarington Official Plan to delete the "Neighbourhood Commercial" designation were previously submitted in 2005. The "Neighbourhood Commercial" designation was intended to provide items and services of daily necessity for the residents in a surrounding neighbourhood. Through the commercial policy review, the commercial hierarchy was amended and the neighbourhood commercial designation was removed while permissions for corner stores was expanded. The previous applications by Aspen Springs West Limited, to amend the Clarington Official Plan, was denied as the deletion of the "Neighbourhood Commercial" designation would affect convenience commercial services in the south-west area of Westvale Neighbourhood including both sides of Green Road. However, with the commercial policy amendment, there is limited opportunity to enforce such a requirement for at least a corner store at this time. Although this application rezones the lands fram a commercial to allow eight residential lots, the policies of the Clarington Official Plan permit up to 500 square metres of commercial floor space in the residential designation at some point in the future. 9.2 The five proposed dwelling lots which would front onto Bottrell Street have varying frontages with the minimum being 10.0 metres. The existing "R2-17" zone to the east of the proposed five dwelling lots allows for 10.0 metre minimum lot frontages with a minimum lot area of 330 square metres. The five proposed dwelling lots would comply with all requirements of the "R2-17" zone and it is recommended that the "R2-17" zone be extended westward to include these new lots. 9.3 The three lots proposed to front onto Remmington Street are larger and more typical of the "R1-43" zone which is located immediately to the east of the lots as well as across Remmington Street to north. The three proposed dwelling lots would comply with all requirements of the "R1-43" zone and it is recommended that the "R1-43" zone be extended westward to include these new lots. 10.0 CONCLUSION 1 0.1 Based on the comments outlined in this Report and provided there are no significant concerns raised at the public meeting it is recommended that the rezoning application to permit eight single detached dwelling units be APPROVED and that a by-law be passed by Council to ADOPT the amendment as contained in Attachment 2 of Report PSD-131- 07. REPORT NO.: PSD-131-07 PAGE 6 Attachment: Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-Law Amendment List of interested parties to be advised of Council's decision: Regional Municipality of Durham Planning Municipal Property Assessment Corporation :! '> r:: .. E ~ III CL .. :IE r:: o :;:; .. .. o ..J ~ .. CL !:! D. ~~~ ~ z w w z u ~ ~ u '. I "'I "" "~ 11 ,~ I' ,0 = f- ~i W'i UJ c:: f- <, en ~? ," z, gl'I' '-' .~ z " -I :::2: ", :::2:;' "1"1 W .:::: Il: ~z I ~o q'l " 7 ~I ~ d ~ ~EEd 8 ~ o ~ o 0 o o o 1__ __ LOT 44 PIN ?6'H4 -1169 9PJJECT Tf) (.t.,;r~'IT ll'; .w f)fNJ6,~21 "1". 'M'w ; i.g i: ~:;: 0:' <to a.' 1--b- ) 0' d . ""'''''''J<l'W .~, ~' I-~ cr' <1< a...i I " , . ~. .~ II'" 'W . 8 Jl0!lOl i' 1---' cr' <1~ A., . .~ . !~ "::-' """1!'1''''-''' "\-PlN4'''9.14-J:>t:J5 BLOCK 80 ,O."""''''.Of, GREEN . , ~8LO~KJ/J'lO.. ,~ -- ROAD ",,..>>.10'W ~"'_I<Yj,(l'W ""'30'!lrW "',..JO..-'O.... """'-w-w + JO .. /, 0 '9 Attachment 1 To Report PSD.131-07 (l .n___ [PART II ...r.......".. :~ r-- ,~ -, ~; -------------- ~~. ~ q '.-" i'f;'U4 ll~ [PART 3[ \ HOOO -[PART 21 j,lIl,..O......,... ....f.,",.,.... nooo _ j~~~o~'"~1 uooo [PART 51 _..no'4.. S>o- !PART 61 "./ _..00..... :.(J/, _____---- __v,- - ~o- -I I , 1 I -~--- ;1 ll~ -v,"""'""'---- ~ l") l") C) C) I .... C) C) N <C III N r ," - C GI E 't:I C GI E <C ~ III ...I . :>. III = c c o N -1 1 , ;.! l'i~j ~3~ - , II I !I f- UJ UJ 1 . c:: f- I en I ...I ...J I UJ c:: 1 1= 1 0 aJ 1 0;- 1 ~tO; I~ ~Y::r. -C)o ~O, I ~......J9- ,rn ~ ~ -; ~ !II = C ";: Cl. II) C GI Cl. !II <C ;,; Gl C ~ ~ r B~2.C...~.,. !- PW U9]4,~ -I--c:== l'l 810CK 51 ,00.0."__ Attachment 2 To Report PSD-131-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-_ 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 Councii of the Corporation of the Municipality of ClaringtoR deems it advisable to amend By-law 84-63, as amended, of the fonmer Town of Newcastie in accordance with applications ZBA 2007-0033 to permit eight single detached dwelling units; 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: "Neighbourhood Commercial Exception (C2-8) Zone", to "Urban Residential Exception (R2-17) Zone" and "Urban Residential Exception (R1-43) Zone" as illustrated on the attached Schedule "A" hereto. 2. Attachment "A" attached hereto shall form part of this 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 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk This is Schedule "A" to By-law 2007- passed this day of ,2007 A.D. , REMMINGTON STREET Gl ;c m m z ;c ~ o _ 'KIll" o. , q ~ ~ ~ ~ l1: , .~ , ~I - , , , fC.l.." , . I : ~:GIST ~ - I ~i I ~n ' ~t ~ a- ~ .~ \-",,,,,,..,,,. .~B~2S~,,~'; BOTTRELL STREET ~ Zoning Change From "C2-8" To "R1-43" ~ Zoning Change From "C2-8" To "R2-17" J Jim Abernethy, Moyor Patti L. Barrie, Municipal Clerk '" I Bowmanville ~~ ~~ ~ 3'" " PENFOl.If.D DRIVE o < o WOOLNER IN '!]" " w o " ~ ~ ~ ~ MILlBURNDRIVE II BASELINE ROAD I 1