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Home My WebLink AboutPSD-118-04 " ,~, , CI~glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 4, 2004 Report #: PSD-118-04 File #: ZBA2004-028 f.es-t {!f?1l-SCJ;;2-o"f By-law #: Qi.DY-f-;:J-./ '" Subject: PROPOSED ZONING BY-LAW AMENDMENT INCREASING THE LOT COVERAGE TO PERMIT THE DEVELOPMENT OF SEVEN LOTS FOR FOURTEEN SEMI.DETACHED DWELLINGS OWNER: PENWEST DEVELOPMENT CORPORATION LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-118-04 be received; 2. THAT the rezoning application submitted by Penwest Development Corporation Limited be APPROVED and that the proposed Zoning By-law contained in Attachment 2to this Report be passed; 3. That the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and 4. THAT the interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: J Crome, MCIP, R.P.P. r of Planning Services J ( . . '.z...,..,~ L--" _--' C ,---"'7..... ReViewed by: ~'- Franklin Wu, Chief Administrative Officer TW/l T/DJC/df 24 September 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 607 ~... t-" REPORT NO.: PSD-11S-G4 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Penwest Development Corporation Limited 1.2 Applicant/Agent: Somer Rumm, 1619959 Ontario Limited 1.3 Rezoning: from "Urban Residential Type One (R1)" to an appropriate zone category to permit the development of fourteen (14) semi-detached and linked dwellings on seven (7) lots with a maximum lot coverage of 53%. 1.4 location: Lots 10 and 13 to 18, Plan 40M2094 1.5 Site Area: 5945 m2 2.0 BACKGROUND 2.1 On June 4,2004, Somer Rumm, 1619959 Ontario Limited submitted a rezoning application on behalf of Penwest Development Corporation Limited for Lots 10 and 13 to 18 and lot 42, Plan 40M2094, in order to permit the development of eight (8) lots with semi-detached dwellings with a maximum lot coverage of 53% and an exterior side yard of 4.2 metres and a rear yard of 6.5 metres for lot 42. The applicant submitted a letter on August 10, 2004 revising the application by removing Lot 42 from the application. 2.2 A statutory Public Meeting was held on September 20, 2004. No one spoke in opposition to the proposal. One area resident called to object to the application, indicating a concern that semi-detached dwellings will affect the value of surrounding properties. Linked dwellings was indicated a preference. 3.0 SITE CHARACHERISTICS AND SURROUNDING USES 3.1 The subject properties consist of seven (7) lots for semi-detached or linked dwellings within the Penwest Subdivision. Single detached dwellings have been constructed on the lots to the south of the subject properties, on Squire Fletcher Drive. Four linked dwellings have been constructed on Lots 11 and 12 on Dadson Drive. Construction of a semi-detached dwelling had begun on Lot 5, however the framing had been destroyed by fire. The remaining lots on Dadson Drive are currently vacant. ti08 1.'- .!C- REPORT NO.: PSD-11S.04 PAGE 3 3.2 The surrounding land uses area as follows: North South - East West Residential Residential Residential Residential 4.0 OFFICIAL PLAN POLICIES 4.1 The Clarington Official Plan designates the subject lands "Urban Residential". This designation is intended predominantly for housing purposes. 5.0 ZONING BY-LAW 5.1 The property is within a "Urban Residential Type One (R 1) Zone". Semi-detached dwellings are permitted with a maximum lot coverage of 45 %. 6.0 AGENCY COMMENTS 6.1 The Durham Regional Planning Department offered no objections to the proposal. It was indicated that the subdivision development had been previously screened for Penwest Development Corporation Limited (18T-97003) and that municipal water and sanitary services have been installed. 6.2 The Clarington Engineering Services Department advised that as all other provisions of the (R1) zone will be met they have no objections to the application as revised. It was noted that the applicant will be required to submit house siting/grading plans with each building permit at the time individual models are chosen for each lot. 6.3 The Clarington Building Services Department have no concerns with the proposal. 7.0 STAFF COMMENTS 7.1 The applicant intends to construct seven (14) semi-detached or linked dwellings, on seven lots (7) lots. The proposed units are one and two bedroom bungalows and bungalows with lofts. 7.2 The proposed lots have the same frontage and depth with the exception of Lot 18, which has an irregular lot line on the west side. The applicant has provided sitings for each of the proposed dwellings that could be constructed on the Lots 609 I " REPORT NO.: PSD-118-G4 PAGE 4 to demonstrate that the General Provision of Zoning By-law 84-63 and the remaining "R1" regulations can all be achieved. The applicant will be required to receive approval of the models and siting for each lot by the Municipality's Control Architect in accordance the provisions of the subdivision agreement. 7.3 The reduction in lot coverage allows the builder to accommodate a larger house in a bungalow housing form. The lot coverage in most cases would be less than 50% so that the recommended coverage allows some opportunity for decks and sheds to be constructed. 7.4 One area resident indicated a concern that the construction of semi-detached dwellings, as opposed to link dwellings, may affect the value of her property. The applicant is requesting an increase in the lot coverage only and that the "R1" zone permits semi-detached dwellings as of right. 7.5 The site is not located in the Lake Iroquois beach and there are no concerns by the reduction in permeable surface area due to the requested increase in lot coverage. 7.6 The Finance Department advised that there are no taxes owing on the subject lands. 8.0 CONCLUSIONS 8.1 The application has been reviewed in consideration of comments received from the circulated agencies, the pOlicies of the Clarington Official Plan, the Zoning By-law regulations, and the public. In consideration of the comments contained in this report, Staff respectfully recommend that the proposed Zoning By-law amendment contained in Attachment 2 be passed by Council. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Amendment List of interested parties to be advised of Council's decision: Stephen Pustil 390 Bay Street, #1710 Toronto, ON M5H 2Y2 April McRae 12 Edgerton Drive Bowmanville, ON L 1 C 4S6 Somer Rumm 1619959 Ontario Ltd. 30-3 Intermodal Drive Brampton, ON L6T 5K1 610 I " .' ~I j CONCESSION STREET EAST w > ii2 c z 0 U) c < \, c "- DADSON DRIVE w > j a:: c 0 '" '" a:: v ., '" ~ ~ '" v ~ .... 0P '" .. "' '" .. 'Ie 'Ie .. ~ ~ .. ~ ~ .. t'a t:: '" t:: t:: .... 0- .. ~ t:: t:: "' t:: .. 'Ie .. .. t:: 0- ~ .. .. ~ .. 0- 8: 0- 0- .. ,.OR: 'Ie 0- 0- 'Ie 0- ~ "- 0- 272 8: .. Part 18 0- 46 w DADSON DRIVE ...I LL. 45 w / ..... ~ 19 ....... ....." ....... ....... ....... ....... ..-.. ..... .--.. ....... ....... ....... .-..... ....n. 0.... 44 ::;) :18::. :17< :: 16> :15: ::14:: : 13:' 12 11 ::10 0 20 ....... ....... ....... ....... ....... ....... ..... ...... ....... ......... ....... ....... ....... ..... U) ..... ....... ....... ....... ....... ....... ...... J 43 ........ ...... ......... ....... ....... ....... ..... ....... ....... ....... ....... ....... ....... ...... ....... ..... 21 22 23 24 25 26 27 28 29 30 31 40M.2094 ~ SQUIRE FLETCHER DRIVE < I1.w C> 42 0:::- 41 40 39 38 37 36 35 34 33 32 <0::: , \ ::E:C I I I 1 I I 0 I I 0::: o F ATTACHMENT 1 W :::l Z W ~ t/) Z 0::: < w ::E ZBA 2004-028 Zoning By-jaw Amendment Owner: Penwest Developments Corporation Limited ~~OOWNHAMS De,,>, w '" ~ <fj tHi ,..' CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- 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 Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to implement zoning amendment application ZBA 2004-028: NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12 "Urban Residential Type One (R1) Zone" is hereby amended by adding a new exception zone as follows: "12.4,58 Urban Residential Exception (R1-58) Zone Notwithstanding Section 12.2, the lands zoned R1-58 on the Schedules to this By-law shall be subject to the following regulations: a) Lot Coverage (maximum) i) Semi-detached dwelling 53 percent" 2. 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 "Urban Residential Exception (R1-58) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4, 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 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti l. Barrie, Municipal Clerk 012 ATTACHMENT 2 '. This is Schedule "A" to By-law 2004- passed this day of ,2004 A.D. , ~I ) 1I1111111 II (' CONCESSION STREET EAST w > ii1 c z o III C c( C DADSON DRIVE w > j ii1 c a:: N ~ W ~ . ~ 46 Iii ...I ... 45 w a:: 19 44 :; a 43 III 40M.2094 m m ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ . ~ ~ ~ r . ~ ~ . ~ ~ . . ~ . ~ ~ ~ 0 27 Part18 DADSON DRIVE W ::l Z W ~ III Z a:: c( w 11 ;,1,R ::; [@:'!{rJ Zoning Change From uR1 n To "R1-58" 42 23 24 25 26 27 28 29 30 31 \ ~ SQUIRE FLETCHER DRIVE "'w c> ~ii: 41 "c <.J a:: o John Mutton, Mayor Patti L. Barrie, Municipal Clerk ffij Sill m mJ I CONCESSION STREET EAST ;g lji ::::) ORR CRT. :BI Subject Site t ~ z w U '" w '" u _nOWNHAM D.J~ ~ gpu" ~ (:.Q~ J Bowmanville ",," t) (Hi)