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HomeMy WebLinkAboutPSD-078-09Clari~~gto.~ Leading the way PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Mpnday, September 14, 2009 ~qo - o R Report #: PSD-078-09 File #: ZBA 2009-0009 By-law #: Subject: APPLICATION TO AMEND ZONING BY-LAW 84-63 BY GREEN MARTIN HOLDINGS LTD,TO PERMIT THE DEVELOPMENT OF TWO (2) SINGLE (DETACHED LOTS, EACH HAVING A MINIMUM FRONTAGE OF 10 METRES, FRONTING ONTO BOSWELL DRIVE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-078-09 be received; 2. THAT the applicatiion submitted by Green Martin Holdings Ltd. be REFERRED back to Staff for furkher processing and the preparation of a further report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: David rpme, M.C.LP., R.P.P. Director, Planning Services MK/CP/sh/df August 27, 2009 REPORT PLANNING SERVICES Reviewed by:v r r~""^- ~~ ~JV ~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREE , BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-078-09 PAGE 2 1.0 1.1 1.2 1.3 1.4 2.0 APPLICATION DETAILS Applicant: Rezoning: Location Site Area: BACKGROUND Green Martin Holdings Ltd Appropriate to permit the development of two (2) single detached lots Part Lot 17, Concession 1, Former Township of Darlington (Attachment 1) 0.138 ha 2.1 The subject property is located on the west side of Boswell Drive just south of Highway 2, west of Green Road and East of Watson's Farm. The property was registered as a future development block; block 98 in registered plan 40M-1904, as identified in the conditions of draft approval for plan of subdivision 18T-88047. During the construction of the surrounding lots on Boswell Drive and Shady Lane Crescent, the subject site was used for the location of construction trailers and equipment. 2.2 On May 14, 2009 Staff received an application from Green Martin Holdings Ltd. for a Zoning By-law amendment to permit the development of Block 98 into two (2) single detached lots. The applicant proposes to submit a land division application with the Region following the rezoning of the subject property. 2.3 Apre-consultation was held on January 9, 2009 with Green Martin Holdings Ltd., to discuss the potential development of the subject property. The applicant was advised that a report would be necessary in support of the Zoning By-law amendment application discussing the appropriateness of developing the block now. In addition, the Engineering Services Department provided preliminary comments to the applicant on January 20, 2009, which indicated that their department was not in support of the application as the development of the block may preclude appropriate future development (in terms of use and configuration) of the lands, and Boswell Drive would have to be excavated to service the two lots. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is triangle-shaped, bound by Boswell Drive, the western most urban boundary of Bowmanville and the rear yards of existing residential lots which front onto Shady Lane Crescent (See Photo 1). The vacant block backs onto the Watson's Farm land which continues to be actively farmed. It would appear that the subject site is the only remaining undeveloped parcel of land within registered plan 40M-1904, as all other lots have been developed for some time now. REPORT NO.: PSD-078-09 PAGE 3 3.2 The surrounding uses are as follows: North: Existing Petro Canada gas station on the south side of Highway 2 South: Low density residential lots on Shady Lane Crescent East: Low density residential lots on east side of Boswell Drive West: Agricultural land (Watson's Farm) 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement addresses the need to maintain and direct land use to achieve efficient development and land use patterns. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. The policies also identify settlement areas as the focus of growth and supports residential intensification of vacant and underutilized property. Photo #1: Subject Site; photo taken April 2008 REPORT NO.: PSD-078-09 PAGE 4 4.2 Places to Grow: Growth Plan for the Greater Golden Horseshoe The Provincial Growth Plan for the Greater Golden Horseshoe encourages new growth and intensification in built-up areas. The Plan recognizes the importance of optimizing the use of existing land supply to avoid over-designating new land for future urban development, an approach that concentrates more on making better use of our existing infrastructure, and less on continuously expanding the urban area. The proposed development of the subject lands, which are already designated for urban residential development, is in keeping with the intent of the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The subject property is designated "Living Area" in the Durham Regional Official Plan. Living Areas shall be used predominantly for housing purposes. The intent of the Plan is to achieve a compact urban form. The proposed use is in conformity with the Regional Plan policies. Those lands located to the west of the subject property, and outside the urban boundary of Bowmanville, are designated "Major Open Space Areas" which does not permit the development of urban residential development. Durham Regional Official Plan Amendment No. 128 was recently adopted by Regional Council but not approved by the Province, which incorporates the policy direction of the Growing Durham Study, and suggests #hat up to the year 2031 the urban area boundary of Bowmanville will not be expanding to the west and those lands currently located outside of the Bowmanville urban area will remain designated as "Major Open Space Areas". However, those lands located west of the Bowmanville urban area boundary and west of the subject lands, are identified on Schedule F of Durham Regional Official Plan Amendment No. 128 as "Future Living Areas". Schedule `F' is meant to provide an extended outlook to 2056 to assist in long-range infrastructure planning. 5.2 Municipality of Clarington Official Plan The subject property is designated "Urban Residential" in the Clarington Official Plan. The predominant use of lands designated "Urban Residential" within each neighbourhood shall be used for housing purposes. The proposed residential use of the subject lands is permitted within the "Urban Residential" designation. The basis of the Clarington Official Plan, among other matters, is that future growth is to be accommodated primarily in fully serviced urban areas. The growth management principles of the plan recognize the importance of pursuing sustainable development and the collective health and well-being of Clarington by managing growth, and directing future growth to existing urban areas. It is REPORT NO.: PSD-078-09 PAGE 5 however, also important to encourage an efficient use of public infrastructure and services; existing infrastructure and services shall accommodate future growth by extending in an orderly and cost-effective manner. 6.0 ZONING BY-LAW 84-63 The entire property is currently zoned "Agricultural (A)" which does not permit the creation of two single detached lots. In order to permit the development of two single detached lots, the applicant was required to submit a rezoning' application to rezone the subject lands for urban residential development. If approved, the lots will be rezoned to permit the creation of residential lots with a minimum frontage of 10 metres. 7.0 PUBLIC NOTICE AND SUBMISSIONS Public notice was given by mail to each landowner within 120 metres of the subject site, and a public notice sign was erected on site. Comments from general inquiries and written submissions received to date are summarized below: • A neighbourhood park would be best accommodated on the remnant block of undeveloped land, since their children are forced to walk a fair distance to reach the nearest neighbourhood park. A park would also slow the traffic down since a crosswalk could be accommodated. • The construction of two (2) new dwellings on the subject property would ruin their view, and properties backing onto the subject property would be staring at the wall of the house while in their backyards. • The driveway of one of the proposed lots would be located in the exact location of the existing bell pedestal. • Property values will be affected and privacy will be lost if two (2) dwellings are located on subject property. Any windows located on the southern elevation of the proposed dwelling will be looking right into the backyards of the properties along Shady Lane Crescent. 8.0 AGENCY COMMENTS 8.1 The application has been circulated to the applicable agencies for comment. Hydro One Networks Inc., Rogers Cable, Kawartha Pine Ridge District School Board and Clarington Emergency Services Department have no objections to the proposal. 8.2 The Durham Regional Planning Department provided the following comments to Clarington Planning Staff: • The proposal to permit two single detached residential lots conforms to the Durham Regional Official Plan. REPORT NO.: PSD-078-09 PAGE 6 The subject site is in proximity to Regional Highway 2, a Type `B' arterial road in the Durham Regional Official Plan. In accordance with Regional and Provincial Policy, a Noise Impact Study, prepared by a qualified consultant, will be required upon submission of severance application(s) to the Region of Durham Planning Department for review and approval. Municipal Water supply and sanitary sewers are available to the subject site from the existing 300mm water main and 200mm sanitary sewer on Boswell Drive. 8.3 Bell Canada has informed Staff that there is an existing OPI cabinet located on the boulevard of one of the proposed lots on the subject property; its location would encroach on the proposed driveway, and therefore poses a conflict with this application. In order to relocate the cabinet, Bell Canada will require Municipal consent to place 2 new pedestals as well as a new cabinet. The first pedestal would need to be placed in the boulevard to the north of the proposed lots, and the second pedestal and OPI cabinet would be placed on the east side of Block 77 (abutting the townhouse block located southeast of subject property). The cost for all the work involved will be approximately $85,000.00, which will be payable to Bell Canada by the owner/applicant. Bell Canada will require approximately four (4) months to obtain necessary permit approvals and complete the work. 8.4 The Clarington Engineering Services Department objects to the proposed application for the following reasons: Although development on the lands located to the west of the subject property is not imminent, the creation of 2 lots on Boswell Drive as proposed may preclude appropriate development (in terms of use and configuration) of the lands located to the west in the future. The subject block of land within the Clarington Corners Subdivision was not intended to be developed when the remainder of the subdivision was planned and ultimately constructed. Boswell Drive would have to be excavated to provide service connections to the 2 proposed lots. The excavation of the finished roadway for the purpose of servicing 2 lots is not acceptable to the Engineering Services Department. The Building Division of the Engineering Department has no concerns with the application. 8.5 As of the writing of this report, comments have not been received from the following agencies: • Peterborough Victoria Northumberland Clarington District Catholic School Board • Conseil Scolaire de District Catholique Centre-Sud • Conseil Scolaire de District Centre-Sud Ouest • Canada Post Corporation REPORT NO.: PSD-078-09 PAGE 7 9.0 STAFF COMMENTS 9.1 Considering that the subject lands are designated for urban residential uses (i.e. low-density residential), the proposed creation of two (2) single detached lots would be permitted. The proposed rezoning could be considered an infill development on an underutilized parcel of land within an existing serviced area. However, it is also noted that municipal staff have significant concerns related to the extension of service across Boswell Drive in order to accommodate two (2) single detached lots. Engineering Services staff does not believe that the extension of services for two (2) lots only is an efficient or cost-effective approach. Further discussions between the applicant and Staff should occur prior to any decisions made. 9.2 As staff have become aware of many residents' concerns relating to the proposed rezoning, a public meeting will provide a forum in which all residents' concerns can be heard prior to any decisions made. Once all resident's concerns are heard and documented they will be reviewed and the applicant will need to address those concerns where appropriate. 9.3 In addition staff believe that other outstanding items,, such as the potential relocation of the Bell Canada pedestal, should be resolved prior to moving forward with a recommendation for the proposed rezoning. 10.0 CONCLUSION 10.1 As the purpose of this report is to satisfy the requirements for Public Meeting under the Planning Act, and taking into consideration all of the residents' and agency comments received to date, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 -Key Map List of interested parties to be advised of Council's. decision: Kelvin Whalen Kenneth Bromley Tina Leblanc Stewart Bennett & Penny Roote Attachment 1 To Report PSD-078-09 3 II avoa ra3ao y,, a=i O~ c 'v m° a ~ •saao NoruvNOe o G ~ ~ ~ ~ ~ c ~ V I I ~ e• ~ ~ ~ ~ ~aa~s aoon~usna ~T o 8 03 ° N Q __ a ~ ~ R ~ ~ L d ~' UOJ ~,~ ~ ~ a 'mil m a~ ~ ' ,n V = 0 n. ~ •s3a~ arm xavris ~ o N O ~• ~ ~ ~~ // /~ Q ~ ~~ ~~~~ ~ n~ ~ ~fl~ ~O \ ~ ~~ ~ \ ~ ~~~~,a1 e`b A' , ~ ~ ~ ~ 9l ~'~j ~ ~1~ ~ ~~ ~ ~` ~ ~VO /\ ~V ~ O ~~ 0 ` `\ x ~ 118.175 _J