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Home My WebLink AboutPSD-142-05 Q!l!.pn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Report #: PSD-142-05 By-law #: h(Jr:1' (!~6. ()f'J ZONING BY-LAW AMENDMENT TO PERMIT THE REDEVELOPMENT OF TWO PROPERTIES WITH 14 SINGLE DETACHED DWELLINGS APPLICANT: PENWEST DEVELOPMENT CORPORATION File #: ZBA 2005-0055 Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-142-05 be received; 2. THAT the rezoning proposal for redevelopment of two properties be referred back to Staff for further processing and preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D i J Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by:0 ~~ eA.JTI. Franklin Wu, Chief Administrative Officer SAlCP/DJC/sh/lw November 30,2005 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-142-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Penwest Development Corp. Ltd. 1.2 Owner: Penwest Development Corp. Ltd. 1.3 Rezoning: To rezone the subject lands from the “Urban Residential Type One (R1) Zone” to an appropriate zone to permit the redevelopment of two properties to permit fourteen (14) single detached dwellings with 12.0 m minimum frontages. 2 1.4 Site Area: 5787 m 2.0 LOCATION 2.1 The subject lands are located at 65 and 73 Concession Street East, Bowmanville (Attachment 1). The property is contained within Part Lot 9, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On October 25, 2005, Totten Sims Hubicki Associates on behalf of Penwest Development Corp. Ltd, submitted an application to the Municipality of Clarington to rezone the subject lots at 65 and 73 Concession Street East to permit the redevelopment of two properties to permit a total of fourteen single detached dwellings. The two properties are not abutting. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Currently, 73 Concession Street East is vacant, having been previously used for a sales trailer for the subdivision surrounding this property and has frontage on both Concession Street East and Mearns Avenue. There is an existing access to Concession Street East. 65 Concession Street East contains a single detached dwelling with driveway access to Concession Street East and the property was only recently purchased by Penwest. 4.2 Surrounding Uses: North: Commercial plaza South: Low density residential (single detached dwellings under construction) East: Low density residential (single detached dwellings) West: Low density residential (single detached dwellings under construction) REPORT NO.: PSD-142-05 Page 3 5.0 PROVINCIAL POLICIES 5.1 The Provincial Policy Statement states that new development shall occur adjacent to the existing built-up area, and that municipalities shall direct the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to support current and projected needs. The rezoning application and proposed land division applications will complete the development in a block of land formed by a tributary of the Soper Creek, Mearns Avenue, Concession Street East and Highway 2. The application is in conformity with the Provincial Policy Statement. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated “Living Area” in the Durham Region Official Plan. The predominant use of lands in the Living Area designation is for housing. 6.2 The lands are designated “Urban Residential” in the Clarington Official Plan. The predominant use of lands in the Clarington’s Urban Residential designation is for housing. The property is located within the Vincent Massey Neighbourhood and designated for low density housing. The application would conform to these policies. 7.0 ZONING BY-LAW 7.1 The subject lands are currently zoned “Urban Residential Type One (R1) Zone”. The applicant has requested to redevelop these two properties for single detached dwellings on 12 metre frontages which is not permitted in the “R1” zone, thus the need for the rezoning application. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. 8.2 One inquiry was received following the sign being posted and notice mailed. The inquiry suggested the use of the property as a parkette for the people living on the north side of Concession Street East. Their concern was that the Guildwood Park is over used and the Elephant Hill Park is located uphill and is thus difficult to access. They had no objection to the new dwellings, but would prefer to see a parkette. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Clarington Engineering Services, Building Division, Community Services, and Emergency Services. REPORT NO.: PSD-142-05 Page 4 9.2 Clarington Engineering Services, Building Division, Emergency Services and Community Services have no objection to the rezoning application. Engineering Services submitted detailed comments and requirements for the related land division applications submitted concurrently to the Durham Region Land Division Committee. 9.3 Comments are outstanding from Regional Works, Regional Planning, Central Lake Ontario Conservation, all school boards, Veridian, Enbridge, Rogers, Bell, and Canada Post Corporation. 10.0 STAFF COMMENTS 10.1 The owner of the surrounding lands, also Penwest Development Corp. Ltd., has endeavoured to purchase both the subject lots for a number of years. They have completed eight phases of subdivision development south of these lands from Orchard Park Drive (just north of King Street East) to Dadson Drive. These are the last two remaining parcels of land that together with remnant parcels owned by Penwest complete the development pattern determined through Registered Plan of Subdivision 40M-2203. 10.2 The existing lot pattern around the subject properties consist of lots with 12 metre frontages. Building permits have been issued on approximately half of the nearby lots and many dwellings are currently under construction. The proposed zoning will continue this 12 metre frontage lot pattern and the two parcels will be in keeping with the surrounding area. The applicant is also proposing to use the same setbacks as all the surrounding lots in the area to keep the street appearance consistent. 10.3 The Official Plan generally limits the number of severances from a single parcel to three new lots. As the Municipality had a subdivision agreement in good standing with the applicant for the lands surrounding the parcel at the corner of Mearns and Concession, it was decided that the applicant could proceed through the Land Division process for seven new lots. Subsequent to that decision, the owner was able to purchase the second lot, and permission was granted for five additional lots, located on the same streets to be created by land division. 10.4 A land division agreement has been required as a condition of approval for these lots which will ensure all the Municipality’s financial requirements are met prior to development. 10.5 The internal road, Dadson Drive has been constructed at this time providing adequate access to all south facing proposed lots. Water and sanitary services are located in the surrounding road allowances and have the capacity to service the proposed lots. 10.6 Through the Land Division applications the Region has requested a noise study to ensure that appropriate mitigation measures are taken to abate the noise generated by REPORT NO.: PSD-142-05 Page 5 Mearns Avenue and Concession Street East, which are both Type C Arterial Roads. The recommendation of this study will be incorporated in the agreement with the Municipality. 11.0 RECOMMENDATION 11.1 The purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting for public comment on the application. It is recommended that the application be referred back to staff for further processing. Attachments: Attachment 1 – Key Map Interested parties to be notified of Council and Committee's decision: Totten Sims Hubicki Associates Penwest Development Corporation Conrad Gareau Attachment 1 To Report PSD-142-05 65 Concession Street East 73 Concession Street East \ CONCESSION STREET EAST 12 12m 12m 12m 12m 12m 12m im1957- 321 11 10 9 E N n 4 III ~ Z III 12 13 14 E 5 6 7 8 ~ N n (I) Z &II: C III 12m 12m 12m 12m 12m 12m 21.7m :E m 12m DADSON DRIVE 4 Bowmanville Key Map un [illJ S ~;;' CONCESSION STR AST ZBA 2005-0055 ZONING BY-LAW AMENDMENT ~~ DOWNHAM ~~ Owner: Penwest Development Corp. Ltd