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HomeMy WebLinkAboutPSD-132-03 . .~ - Q~gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE G.Pt>I-~-03 Date: Monday, October 20, 2003 Report #: PSD-132-03 File #: ZBA 2003-032, By-law #: .=l<:x:>"3-I'Slo ZSA 2003-033 and 18T-97003 ~oo3-1~' Subject: AMENDMENT TO DRAFT APPROVED PLAN 18T -97003, REZONING AND PART LOT CONTROL APPLICATIONS TO REDUCE THE NUMBER OF RESIDENTIAL UNITS FROM 128 TO 109 PENWEST DEVELOPMENT CORPORATION LIMITED West of Mearns Avenue, South of Concession Street, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-132-03 be received; 2. THAT the amendment to Draft Approved Plan of Subdivision 18T-97003, submitted by Penwest Development Corporation Limited be APPROVED as shown on Attachment 3, subject to conditions contained in Attachment 4; 3. THAT the application to amend Zoning By-law 84-63, submitted by Penwest Development Corporation Limited be APPROVED as contained in Attachment 5; 4. THAT the request for Removal of Part lot Control with respect to Lots 1 to 9 inclusive, on Plan 40M-2094 be APPROVED and that the attached Part Lot Control By-law (Attachment 6) be PASSED pursuant to Section 50(7.1) of the Planning Act; and 5. THAT the Mayor and Clerk be authorized by by-law to execute an amendment to the subdivision agreement between Penwest Development Corporation Limited and the Municipality for Draft Plan of Subdivision 18T-97003; 421 , REPORT NO.: PSD-132-03 PAGE 2 6. THAT the Authorization By-law as shown on Attachment 8 be APPROVED; and 7. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: . rome, M.C.I.P. R.P.P. , Planning Services Reviewed by: d~ ~ ~ Franklin Wu Chief Administrative Officer vi Dire t CS*L T*DJC*df 10 October 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 .. 422 , REPORT NO.: PSD-132-03 PAGE 3 1.0 1.1 APPLICATION DETAILS Applicant: Stephen Pustil of Penwest Development Corp. Ltd. Ron Albright, Totten Sims Hubicki 1 .2 Agent: 1.3 Amendment to Draft Approval Plan of Subdivision 18T -97003: From 28 lots with 18 metre frontages for 54 semi- detached/link dwellings to 40 lots with 12 metre frontages and 2 lots with 15 metre frontages for single detached dwellings. 1.4 Part Lot Control for 40M-2094: From 9 lots with 18 metre frontages for 18 semi- detachedllink dwellings to 14 lots with 12 metre frontages for single detached dwellings. 1.5 Amendment to the Zoning By-law: To change the current zoning on the unregistered portion of Draft Approved Plan of Subdivision 18T-97003 and 9 Lots on registered plan 40M-2094 from .Urban Residential Type (R1) Zone" to an appropriate zone to permit the development of single detached dwellings on lots with 12 metre frontages. 1.6 Site Area: 1.84 hectares (4.54 acres). 2.0 LOCATION 2.1 The lands subject to the amendments are located west of Mearns Avenue, south of Concession Street, being Part Lot 9, Concession 1 in the former Town of Bowmanville (Attachment 1). 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The lands subject to the amendments are currently vacant. 3.2 Surrounding Uses: North - South - East - West - Residential and vacant lands subject to an application for Site Plan approval for commercial development Residential Residential Open space and residential 423 , REPORT NO.: PSD-132-03 PAGE 4 4.0 BACKGROUND 4.1 I n June 1997, the Region of Durham issued Draft Approval for Plan of Subdivision 18T-97003. It was Draft Approved for 128 residential units consisting of 34 lots for single detached residential units, 47 lots for 94 semi/link residential units, a park and open space block. A portion of the plan (46 lots) was registered in June 2002, being 40M-2094. To date,18 building permits have been issued in the first registration. 4.2 On July 22, 2003 Staff received applications to amend Draft Approved Plan of Subdivision 18T-97003, and Zoning By-law 84-63. An application for Part Lot Control was also received for nine of the lots in registered plan 40M-2094. The applicant wishes to revise a number of lots in the unregistered portion of the Draft Approved Plan and a portion of the Registered Plan, which were originally approved as lots for semi/link dwellings to lots for single detached dwellings. The proposed change results in an overall reduction of 19 units from 128 units to 109 units. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reqion Official Plan The lands are designated as "Living Area" within the Durham Regional Official Plan. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating a variety of housing types, sizes and tenure. The proposed uses conform to the Plan. The subject property is bounded by Concession Street and Meams Avenue, which are designated as Type "C" Arterials. 5.2 Clarinqton Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential, in the Bowmanville Urban Area. The use of land in this designation is predominantly for single and semi-detached housing. The lands are within the Vincent Massey Neighbourhood, which has a population allocation of 4400 and a housing unit target of 1025. The proposed uses conform to the plan. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned "Urban Residential Type One (R1) Zone", A zoning by-law amendment is required to implement the proposed amendments as requested. 424 REPORT NO.: PSD-132-03 PAGE 5 7.0 PUBLIC MEETING AND SUBMISSIONS 7.1 A Public Meeting was held on September 22,2003. No one spoke in opposition or in favour of the proposed amendments. 7.2 Two telephone inquiries were received prior to the Public Meeting. Mrs. Piper who resides on Mearns Avenue inquired about the yard setbacks of the new homes in proximity to her property. 7.3 Another area resident requested additional park space be dedicated as a condition of approval. Staff advised the resident that the developer had dedicated 2.67 hectares of park and open space lands as a condition of draft approval in 1997. This land dedication represented the 5% parkland requirement under in the Planning Act. 8.0 AGENCY COMMENTS 8.1 The following agencies provided comments. 8.2 The Clarington Emergency and Fire Services has offered no objections. 8.3 On September 11, 2003 the Engineering Services Department provided the following comments: . Both Mearns Avenue and Concession Street East are designated as Type "c" Arterials in the Clarington Official Plan. A 14m X 14m site triangle will be required at the intersection of Meams Avenue and Concession Street. The applicant must also demonstrate that the amended draft plan will be compatible with the future development of the adjacent lands to the west. . The applicant must provide a revised Servicing Plan in support of the application. The Plan must show the location of all existing services and indicate what relocated services will be required, what new services will be required and how the abandoned services will be removed for the amended plan. Further comment on the plan will be reserved until these items have been addressed. On September 29, 2003, Engineering Services Department advised that the original draft plan did not include lots at the corner of the Mearns Avenue and Concession Street. Although the revised plan does show future lots in this location, the applicant's agent has confirmed that these lots are not included in the proposal. As such, the comments from the Engineering Services Department relating a site triangle, are not applicable at this time. The applicant has provided a revised Site servicing plan in support of the application. The Engineering Services Department has reviewed the drawings and have advised that their previous concems have been met. 425 , REPORT NO.: PSD-132-03 PAGE 6 8.4 Central Lake Ontario Conservation Authority offered no objections to the amendment to the draft approved plan, however, the Authority's previous conditions of Draft Approval still apply. Staff would note their conditions of approval, as previously issued are contained in the existing subdivision agreement. 8.5 The Region of Durham Planning Department noted that the proposed amendment to draft approval was reviewed in accordance to the Provincial Interests and Delegated Review Responsibilities, The Region is requesting an addendum to the Noise Impact Report to reflect the proposed amendment to draft approval. A change to the wording in the previous Conditions of Draft Approval would not be required. Again, staff would notice, the revised noise report will be provided through the implementation of the subdivision agreement. 8.6 The Region of Durham Works Department noted that the services were installed as part of Regional Agreement. Due to the reduction in the units on Dadson Drive the developer will be required to terminate all extra sets of connections as directed by the Region's Construction Division. For the remaining lands subject to the draft plan amendment application, the extension of services through an amendment to the Region's Subdivision Agreement. 8.7 The Peterborough-Victoria-Northumberland and Clarington Catholic District School Board is working towards designating a new school site for an elementary school to deal with overcrowding at St. Elizabeth Elementary School. The Board has required that the Municipality extend the period for comment on the subject application to October in order that the Board may be in a better position to assess related implications. 9.0 STAFF COMMENTS 9.1 The applicant wishes to amend the unregistered portion of the Draft Approved Plan, and 9 lots in the registered portion to permit the balance of the subdivision to develop as single detached dwellings rather than semi/link detached dwellings. 9.2 Proposed changes to the road configuration are not required as a result of the revisions to the lot configuration. However, services have been installed on Dadson Drive to service semi/link detached dwellings in the registered portion of the Plan. The applicant has addressed how the abandoned connections will be removed to the satisfaction of the Engineering Services Department. 9.3 The Peterborough-Victoria-Northumberland and Clarington Catholic School Board has requested additional time to comment in order to assess what impact it would have on the capacity of St. Elizabeth's Separate Elementary School. To date, a response has not been received. 426 REPORT NO.: PSD-132-03 PAGE 7 9.4 Mr. Joel Sloggett, Planning Manager for the School Board, in discussing this issue with staff, acknowledged the revisions to the draft plan would result in an overall reduction of 19 residential units. Inasmuch, as an objection was not offered by the School Board when the draft plan was initially approved by the Region of Durham, Planning staff are satisfied the approval of the redline revision is appropriate at this time. 9.5 Finance Department advises that there are no taxes owing on the subject lands. 10.0 CONCLUSIONS AND RECOMMENDATIONS 10,1 The proposal does not vary much from what was previously draft approved in 1997. The street configuration and the location of the lots will remain the same. The number of lots is the only difference proposed in the amendment for draft approval. 10.2 In consideration of the comment received from circulation agencies and review of the proposal, staff recommend: . Amending Draft Approval for Draft Plan of Subdivision 18T -97003 . Rezoning the subject lands within the Plan of Subdivision; and . Approving the removal of Part Lot Control on Lots 1 to 9 on Plan 40M-2094. Attachments: Attachment 1 - Key Map for amendment to Draft Approved Plan Attachment 2 - Key Map for Removal of Part Lot Control Attachment 3 - Amendment to Draft Approved Plan Attachment 4 - Conditions of Draft Approval Attachment 5 - Zoning By-law Amendment Attachment 6 - By-law for Removal of Part Lot Control Attachment 7 - Unit Type and Number Summary Table Attachment 8 - Authorization By-law Interested parties to be notified of Council's decision: Stephen Pustil Penwest Development Corporation Limited 390 Bay Street, Suite 1710 Toronto, ON M5H 2Y2 Ron Albright Totten Sims Hubicki 513 Division Street Cobourg, ON K9A 5G8 427 Ii""' I'" '"lll ~ l, . \'i a:: " 0 ':L1J~ 1'-' '-... MJ>oo ~ z 'I I ~ I I' g ~ I .~';' (Foot 5! -1!- '11,0 1- I "~ -N1l')<"20'E 16Cl~+-----\ '-- s;:EOCT"....c" / ~I ~I \ \/ 1 I"~I, ~~I'! \~ - \ i'\ I I .~<'=\ ~I ATTACHMENT 1 CONCESSION STREET EAST .' .~ = ~= "',"~- ,\ !"-":"',..PX."~ '''OM , ... ". 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C"'l m'Ktn ~.OO.or.lM ~.oo," !' I~ -, !' .Ol!.lUIN "'<t C"'l 1 OO<;'l["'" N."OIJ.,..LI("t) ~ , I; ~.iIO, f.L. .,.... 0 C"'l - 1 >! OO,ofO M.OO,IT.llty) ~ ViiJ~ :J,.OHo,UIN CJ)~' ;;. ~ ~- 6059 C'\I- z oo:'~~ ~~ M.OO,IT.lIN "r~ N ~i~ ~.~ OO~6~mb(-- ~~ , ,ll hntl ~.iIO,"f.L.N i g~ 1 'I !~ i '! i 8~ ,- g "'! i ATTACHMENT 3 ~ ~ I /l\,.OO,~I:.LI~ ,ww M':gt;~lj ~ <,,8 d 0:''''' c- oon. jI,.oo,~I:.1 L" i ~ S! @ ... I~, ~ ~ ~ t:'-" c , III"J~.L'.LIN~ ()1;<;.;~'L ~:O-~I: .~~ 9 """ -" o. o ,.".Iffi:', '~LINS~';OI: "'<t '! ocrn:L ~.J(l"I:.[IN ~~ 00';0, iII.OC,~\:.LI , 8 ~ 00,'" ....OO"I:.L." g ro;',1: M.oo.IT.LIN LO C"'l I~ ! OIJorr ~.:(l,IT~LN ~-'- M.~~.L<;.lIN 8 ~I . " ~ LJ =. M.oo/I:.(IN ! ~" /I\,.OC..~LI' N C"'l I; 000'1:<: M.oo.,~.IL~ " 10 go ;'! 3 , ~oo'IT 'II.~,&.UN ~'~. 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'\\.O;:,LI:.LI~ I 00<1 I!L~_OJ ~sct1.lO ~~ _"~~'" ".2~~ 1\ I ,,;;,i~~", ,_-r1tJ ~:;;: ~;:; ~iil ~I:;j $;:] ~'" ~:>l ~2 ~:;: OOC'" ~"-'J - "'~I I I " . , w > 0::: o 0::: w I () f- W ...J LL W 0::: ::::> a CI) , ! ~ 1 1 ~ ~ ! # I' . ~ Ii:: /J /- / ~-r < '! - c I; ,- ~ ~ C") o o .... en I I- 00 "'" t: cu - D. 'C CI) > o ... Q, Q, ct -= ~ c o - - t: CI) E 'C t: CI) E ct ~ ~ ~ /' ! I, ~ / I ATTACHMENT 4 Amendment to Conditions of Draft Approval Issued on May 28,1997 Revised October 20,2003 Revised Draft Plan of Subdivision 18T-97003 Part Lot 9, Concession 1, Former Town of Bowmanville 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-97003, prepared by G.M Sernas & Associates Limited identified as Project Number 97003, dated January 1997, revised May 1997 and revised October 20th 2003 which illustrates 89 single detached dwellings, 10 lots for 20 semi/link detached dwellings, blocks to be developed as parks and open space, roads, road widenings, and 0.3 metre reserves. Notes to Draft Approval 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4 ,1 ! .) i CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to amend By-law 84-63. the Comprehensive Zoning By-law for the Corporation of 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 proposed draft Plan of Subdivision 18T-97003; 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 (R1) Zone" to "Urban Residential (R2) Zone". 2, Schedule "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 2003 BY-LAW read a second time this day of 2003 BY -LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L Barrie. Municipal Clerk 452 ATTACHMENT 5 I This is Schedule "A" to By-law 2003- __, I I passed this day of ,--,2003 A.O.J r--- , CONCESSION STREET EAST "'r~r- J I J I. "..,. .U;-'-~- l:..~CL / '\ I / \ ~"\ '1 I 1\ I l\ ~j \ \ ""'- ~~'- .\'-------c..,~ -+~--"\, }. I \ wi &1 .0 ~i z- , 01 ;1 (/)1 t\n~.'r ,~. '~ .",,~ :.i;o----"-:;~..:j;, w I !, ~ ~ I~- "~,.~"' ~' 2S ~"..~ ffi ,1'-"M'----j,I;:' ,Il ~I ~ c..> f .L,\~.t;;' ~ I~ ~I .-J '~1l'-"'J u. DADSON DRIVE :.':'~_.~~~- :1 ~ '~ ":::;r'~ .: ,-.., ,,. ~-- ,om- -,~ ,: .~ ,I .~-- '''-. - '""1' ~ F' !'I :J ~,. ---;,~ 'I~ ~~ ~~ ~~ ~,~ ~! ~! 11 " k,j '%"----' :" ~ g ",,,: t. ~ 9-/--i\/.~l',",,'1 '" ': '; '! > , . ~l ' ';~: i '" '" .,JI' _",J...,~...J'" ".. "..~.. ,. ,,,,,Ii ":.""\='. '\IT #r" ::;'~, "', ''';'''" '''',1 .., ~."'"'.I. ,,_'~"";..::il.. I -------T\ \;" / :,1J ~,~ ~ ! t! ~~ ~I~ f 1 ~;! ~~ ~ ~ , 1(, ". "''''' _., . .. "J ...1,..' ,..' ".. L.JL. ~Xi' SQUIRE "F"LETCHER" DRIVE ~ Ii........'?] DADS ON DRIVE ~~ UJI ~ :: : ::> z UJ ;:c (f) z 0: <l: UJ ':'; Zoning Change From "R1" to "R2" Zoning to Remain "R1" I ~::~n ~,'u:ton'~-;::-o~ I' ffij tdiJ m SJ CONCESSION STREET EAST ili G~ ~ ORR CRT. 8~ Subject Site Pa:\i L ~crrie, IvL<c;~'~' ,- ---, [ " " Iv.!)) 1 '~ Bowmanville 'I ~1 'tJ~ ATTACHMENT 6 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to exempt a certain portion of Registered Plan 40M-2094 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Parl Lot Control Lots 26 to 34 inclusive. Plan 40M-2094; NOW THEREFORE BE IT RESOLVED THAT. the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law, 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 1 to 9 inclusive, Plan 40M-2094. 3, Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of two (2) years ending on November 20, 2005. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton. Mayor Patti L. Barrie. Municipal Clerk 4 < ' ..J .t ATTACHMENT 7 PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Lots/Blocks Affected Unit Type (Number) Results Lot 1 Single from Semi/Link Reduced by 1 Lot 2 Single from Semi/Link Reduced by 1 Lot 3 Single from Semi/Link Reduced by 1 Lot 4 Single from Semi/Link Reduced by 1 Lot 5 Single from Semi/Link Reduced by 1 Lot 6 Single from Semi/Link Reduced by 1 Lot 7 Single from Semi/Link Reduced by 1 Lot 8 Single from Semi/Link Reduced by 1 Lot 9 Single from Semi/Link Reduced by 1 Total: Reduced by 9 , .. r 4jJ ATTACHMENT 8 CORPORATION OF THE MUN:CIPALlTY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to authorize entering into an Amending Agreement with the Owners of Plan of Subdivision 18T-97003 and any Mortgagee who has an interest In the said lands. and the Corporation of the Municipality of Clarlngton in respect of 18T-97003 WHEREAS. Council on April 15, 1997, approved draft Plan of Subdivision 18T-97003, located In Part Lot 9. Concession 1. former Town of Bowmanville and authorized the execution of a subdivision agreement with the Owner: AND WHEREAS. Council on October 20. 2003, approved revisions to draft Plan of Subdivision 18T-97003, and authorized the execution of an amending subdivision agreement; AND WHEREAS, the Owner(s) of draft Plan of Subdivision 18T-97003 Is now ready to proceed to finalize the amending subdivision agreement; NOW THEREFORE BE IT RESOLVED THAT. the Council of the Corporation of the Municipality of Clarlngton enacts as follows; 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal. an amending Agreement between the Owners of Plan of Subdivision 18T- 97003; 2, THAT the Mayor and Clerk are hereby authorized to accept. on behalf of the Municipality. the said conveyances of lands required pursuant to the aforesaid Agreement. BY-lAW read a first time this day of 2003 BY-lAW read a second time this dayof 2003 BY -lAW read a third time and finally passed this day of 2003 John Mutton. Mayor Patti l. Barrie. Municipal Clerk 456