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Home My WebLink AboutPD-2-98 oN:oevs~aes.~PnTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # ~ E ,~~•Q~~ Date: Monday, January 5, 1998 Res. #~~g Report #: PD-2-98 File #: DEV 97-089 By-law # Subject: REZONING APPLICATION APPLICANT: MELODY HOMES PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE 31 FREELAND DRIVE FILE: DEV 97-089 Recommendations: It is respecttully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-2-98 be received; 2. THAT application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Battaglia Associates Inc. on behalf of Melody Homes be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department, and ali interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Agent: 1.3 Rezoning: 1.4 Area: Melody Homes Battaglia Associates Inc. "Holding -Urban Residential Type Two ((H)R2)" to an appropriate zone to permit a corner store having a floor area of 93 mZ (1000 ft.z) with a 2nd floor apartment. 833.6 mZ (0.2 acre) i.? , 1 REPORT NO.: PD-2-98 PAGE 2 2. LOCATION 2.1 The subject property is located on the south-west corner of Freeland Avenue and Swindells Street in the Melody Home subdivision in Bowmanville. The property is municipally known as 31 Freeland Drive and is further described as being in Part of Lot 10, Concession 2, former Town of Bowmanville. (see Attachment #1) 3. BACKGROUND 3.1 The application for rezoning was received November 26, 1997. Submission of the application followed a meeting between the applicant, his agent, and Planning staff. The details of this meeting were contained in Report PD-158-97, which was before General Purpose and Administration Committee December 8, 1997 and TABLED until the Public Meeting for this application was held. 3.2 The applicant proposes to construct a two storey building with 93m2 (1000 ft.2) of commercial floorspace on the on the ground floor and 126 m2 (1357 ft?) of residential floorspace on the second floor. The development would occupy one lot draft approved for a single family dwelling. The design and mass of the building is intended to fit in with the residential character of the area. The proposed development includes four parking spaces for the corner store, plus a two-car garage for the second floor apartment. (see Attachment #2) 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: the subject property is currently vacant 4.2 Surrounding Uses: East - medium density residential development West - residential fronting on Freeland Drive South - vacant land draft approved for residential development and a neighbourhood park North - residential development n ~:d REPORT NO.: PD-2-98 PAGE 3 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan the subject property is designated Living Area within the Bowmanville Urban Area boundary. Said designation shall permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. In addition, certain convenience stores which are compatible with their surroundings are permitted. 5.2 Within the Clarington Official Plan the subject property is designated Urban Residential within the Fenwick Neighbourhood (No. 8) of the Bowmanville Urban Area. The predominant use of land within this designation shall be for housing purposes. Other uses may be permitted provided their nature and their activity, scale and design are supportive of, compatible with and service the residential uses. 5.3 Corner stores may be permitted in residential areas provided: • the store contains no more than 100 sq.m. (1080 sq.ft.) of gross leasable floor area; • the store provides a limited variety of items of daily necessity; and • the store is not located on a Type A or Type B arterial road. The proposed corner store conforms to the Official Plan. 6. ZONING BY-LAW PROVISIONS 6.1 The subject property is "Holding-Urban Residential Type Two ((H)R2)". Said zone only permits a single family dwelling, hence the need for rezoning to permit the commercial use and the second floor apartment. 7. PUBLIC MEETING AND SUBMISSION 7.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the - x~ ~ 1 REPORT NO.: PD-2-98 PAGE 4 notice was mailed to each landowner and tenant within the 120 metre (400 ft.) prescribed distance. 7.2 As of the writing of this report, Mr. Viv Woodford and another area resident have verbally expressed their support for the application. No other comments have been received. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The majority of circulated departments/agencies have not provided comments to date. The Clarington Hydro Electric Commission and Fire Department both advised they have no objection to the proposal. 8.2 The Building Division of the Public Works Department has provided detailed comments with respect to Ontario Building Code requirements for the construction of the proposed building. 8.3 The Public Works Department, Engineering Division has advised that both sanitary sewer and storm sewer service connections for the subject property have been stubbed on Swindells Street. Neither of these sewer systems have been completed to date and require sequential development of adjacent lands to the south. Until the on-street sewer system has been connected to future down stream sewer systems, development of the property cannot be permitted. 8.4 Regional Works has advised that the subject lot was serviced on the Swindells Street frontage, however, as there is no outtall available, the sanitary sewer can not be connected to Swindells Street at this time. Should the applicant wish to proceed immediately, a sanitary sewer connection must be installed on the Freeland Drive frontage. 1, REPORT NO.: PD-2-98 PAGE 5 9. STAFF COMMENTS 9.1 The rezoning application for a corner store with a second floor residence is in conformity with the Official Plan. Furthermore, a commercial development of this size is not considered to have an impact on the ability of designated commercial sites to develop in the future. Application for site plan approval is required should the rezoning be approved. 9.2 The Public Works Department has a servicing concern at this time, which the applicant must resolve in order to develop the site. 10. CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted, and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and a subsequent report upon resolution of the above issue and receipt of all outstanding comments and required revisions. Respectfully submitted, _. .` ' r Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CP*FW*df 17 December 1997 Attachment #1 -Key Map Attachment #2 -Proposed Site Plan Reviewed by, W.H. Stockwell Chief Administrative Officer (~ i REPORT NO.: PD-2-98 Interested parties to be notified of Council and Committee's decision: Melody Homes 40 Bradwick Drive Unit 22 Concord, Ontario L4K 1 K4 Attention: Savario Montemarano Battaglia Associates Inc. 207 Edgely Blvd. Suite 18 Concord, Ontario L4K 4B5 PAGE 6 r;i , ATTACHMENT NO. 1 ® SUBJECT SITE LOT 10 LOT 9 ~ ` CONCESSION ~ ROAD 3 ~ ~ i ~~ - = o~ z - W N w owl -- _ - w O ~ 3 ~ Q ~ to _ ~ "' -- ~ cn Z W ~ ' ~ ~ Z W m ~ O J __ -- ~ - i ~~ ~ i __ ~ -- ~ N BOKEY~MAP~~ DEV• 97-OU9 ATTACHMENT NO. 2 N FREELAND AVENUE m H __ N U O T N R-175 ~- r 3l 0 ~ to Iy 0 ~~Q N fll A IZ ~" --_ _ In -~-x Irn m `n :n _ i ^ to = ; ' W r _ s ~ I~ g w - n a I^ ~ ~~ ~y K ~ r LL i I I m li m Iw' ~ m v xv In N I; _ t z nv Im i I^ .-. P o Z0 I< n ~, r TVI I~- ` ~ rm o 1^ o I = `'' ~ I m lJ I c ~ awoc ' y s ooo-- oa LLJ r p OOOO OA I ~ < ~ VI VI VIZ ~,~ I 19'-8 I/ ANA ys~_0 Q I 30'-t 3/4' "'°n I z v on" i, z m ~~ ~ 3 n '1/~1 ~ r V I P _____-_ 35.0 M_______________ STATISTICS CURRENT ZONING R3 LOT AREA 8973 SF 1833.6 SM ) GRND FL AREA 1700 SF l 157.9 SM ) COVERAGE 19i O LANDSCAPE AREA 4782 SF ( 444.3 SM ) LANDSCAPE 49.5 i PARKING 4 SPACES ,'~ BATTAGLIA ~, , ASSOCIATES INC. ARCHITECTS oCODE CONSULTANTS 207 EDGELEY BOULEVARD, SUITE 18, CONCORD, ONTARIO L4K-3Y7 DEV. 97-089 ~.