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REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, January 23, 2006
Subject:
exoo6-00C{
a By-law #'
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ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF
FOURTEEN DWELLINGS
APPLICANT: PHIP LIMITED (THE FOLEY GROUP)
PSD-008-06
File #: ZBA 2005-013
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-008-06 be received;
2. THAT the rezoning application submitted by Phip Limited be APPROVED and
that the attached Zoning By-law Amendment be adopted by Council;
3. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at
such time that all the conditions related to development of these lands have
been fulfilled;
4. THAT the Mayor and Clerk be authorized by By-law to execute an agreement
with the applicant for this development; and
5. THAT all interested parties listed in Report PSD-008-06, any delegations, and
the Regional Municipality of Durham Planning Department be advised of
Council's decision.
Submitted by:
D . J. Crome, MCIP, R.P.P.
Director of Planning Services
BR/CP/DJC/sh/df
January 16, 2006
Reviewed bQ ~-~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
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REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, January 23, 2006
PSD-008-06 File #: ZBA 2005-013
Subject:
exo06-00C{
a By-law #'
f~ ~6pf)"'O/6-0<::'
ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF
FOURTEEN DWELLINGS
APPLICANT: PHIP LIMITED (THE FOLEY GROUP)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-008-06 be received;
2. THAT the rezoning application submitted by Phip Limited be APPROVED and
that the attached Zoning By-law Amendment be adopted by Council;
3. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at
such time that all the conditions related to development of these lands have
been fulfilled;
4. THAT the Mayor and Clerk be authorized by By-law to execute an agreement
with the applicant for this development; and
5. THAT all interested parties listed in Report PSD-008-06, any delegations, and
the Regional Municipality of Durham Planning Department be advised of
Council's decision.
Submitted by: ~
~crome, MCIP, R.P.P.
Director of Planning Services
BR/CP/DJC/sh/df
January 16, 2006
ReVieWedbQ ~-~
Franklin Wu,
Chief Administrative Officer
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-008-06
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner:
Gerrit Van Londen
1.2 Applicant:
Phip Limited (The Foley Group)
1.3 Rezoning:
From "Agricultural (A) Zone" and "Urban Residential Exception (R2-
22) Zone" to appropriate residential zones to permit the creation of
14 single detached dwelling lots
1.4 Area:
0.906 hectares (2.239 acres)
1.5 Location:
The west side of Bradshaw Street, including the Winnstanley Road
allowance, and 80 and 94 Bradshaw Street, being Part of Lot 9,
Concession 2, former Town of Bowmanville (see Attachment 1).
2.0 BACKGROUND
2.1 On May 3, 2005, the Planning Services Department received an application from Phip
Limited (The Foley Group) (ZBA 2005-013) to rezone the above area to permit the
development of 14 single detached lots.
2.2 On May 18, 2005, the Planning Services Department received a request from Phip
Limited (The Foley Group) for the removal of Part Lot Control (ZBA 2005-022) with
respect to Lots 26, 28, 30, 32, 34, 36, 38, 40 in Block "B" in Plan H50077 (Attachment 1)
(the "Porter and Bradshaw Plan"). The Porter and Bradshaw Plan was originally
registered in the Durham County Registry Office on October 3, 1856. Registration of this
Plan of Subdivision was certified by the Land ,Registrar in the (Whitby) Land Registry
Office on January 18, 1994.
2.3 At the south limits of the Van Londen property, on the west side of Bradshaw Street, the
Municipality of Clarington owns the unopened Winnstanley Street road allowance as well
as a 3.92 metre wide parcel of land abutting to the south of the road allowance. The
applicant inquired about purchasing these lands and requested that these lands be
included in the rezoning application as they would complete the development pattern on
the west side of Bradshaw Street. Staff concurred with this request and the public notice
for this meeting included these lands.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands, consist of three parcels owned by Mr. Van Londen, the unopened
road allowance and a Municipality-owned strip of land. Two of the Van Londen parcels
have existing detached dwellings, 80 Bradshaw, which is to be retained, and 94
Bradshaw, which is to be demolished. The balance of the lands are vacant.
REPORT NO.: PSD-oOS-o6
PAGE 3
3.2 The surrounding land uses (north, south, east and west) are all Urban Residential- Low
Density.
4.0 PUBLIC NOTICE AND SUBMISSIONS
4.1 Public notice was given by mail to each landowner within 120 metres of the subject
properties and two public notice signs were installed, one on the north end and one on
the south end, of the properties' Bradshaw frontage.
4.2 As a result of the public notification process, to date, the Planning Services Department
has received two telephone inquiries from nearby residents. One resident questioned if
the rezoning and eventual lotting of the subject lands on the west side of Bradshaw
would trigger the opening of Bradshaw Street at its north end so as to intersect with
Apple Blossom Boulevard. The rezoning will not trigger the street opening onto Apple
Blossom and no such change is proposed. The other resident was interested in
purchasing one of the proposed lots for his daughter and was referred to the developer.
4.3 A public meeting for the proposed rezoning was held on September 6, 2005. Two
residents spoke at the meeting. One resident was concerned about the construction of
14 houses and the impact of construction on residents already living on the street. He
wondered about the road widening and the opening of the barrier at the north end of
Bradshaw Street currently preventing connection to Apple Blossom Boulevard. The
other resident was also concerned about the road widening and the removal of the
barrier at the north end of Bradshaw Street and a possible connection with Apple
Blossom Boulevard. The applicant, Mr. Mark Foley of The Foley Group, reassured the
Committee that he is not proposing Bradshaw Street and Apple Blossom Boulevard to
be linked and that the road widening is for public utilities only. These issues are
addressed in Section 9.5 to 9.7 of this report.
5.0 PROVINCIAL POLICY STATEMENT CONFORMITY
5.1 The proposed infill development within a fully serviced settlement area is, in short, a land
use efficiency, consistent with the policy statement.
6.0 OFFICIAL PLAN CONFORMITY
6.1 Within the Durham Regional Official Plan, the subject property is designated as Living
Area and the application conforms.
6.2 Within the Clarington Official Plan, the subject property is designated as Urban
Residential (Low Density) and the application conforms.
REPORT NO.: PSD-00S-06
PAGE 4
7.0 ZONING BY-LAW COMPLIANCE
7.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, all of the
subject lands are zoned "Agricultural (A)" except the 3.92 metre wide parcel owned by
the Municipality located south of the Winnstanley Road allowance. This parcel is zoned
"Urban Residential Exception (R2-22)".
7.2 The proposed development does not conform, hence, the necessity for the submission
of this rezoning application.
S.O AGENCY COMMENTS
8.1 The rezoning application was circulated to various agencies and other departments by
the Planning Services Department. The public school board, the separate school board
and Clarington Emergency and Fire Services had no objections. Other comments
received to date are as follows.
8.2 Central Lake Ontario Conservation offered no objections to the application's approval.
However, the applicant was to be informed that the site is subject to Ontario Regulation
145/90, and that prior to filling and/or grading on-site, written permission from the
Authority is required.
8.3 Veridian Connections provided no objection to the application for rezoning. However,
they provided a number of requirements associated with the development of the lots.
8.4 Clarington Engineering Services also had no objection to the rezoning but provided a
number of requirements for the development of the lots. These requirements must be
fulfilled prior to the removal of holding being approved. The requirements deal with road
widening, grading and drainage, financial matters and other typical conditions of draft
approval.
8.5 The Regional Planning Department noted the use is permitted, municipal services are
pre-stubbed to each lot, and there are no matters of provincial interest regarding this
application.
9.0 STAFF COMMENTS
9.1 The application proposes the development of the subject lands at the north end of
Bradshaw Street for 14 single detached dwellings. The entire Bradshaw Street was
designed, and reconstructed with full municipal services in approximately 1992 at the
time of development of the south end of Bradshaw Street through registered plan of
subdivision 40M-1676. The servicing for the street was based largely on a lotting pattern
of 12.0m minimum frontage singles, with few smaller lots to accommodate frontage
shortfalls and a few larger lots to accommodate existing dwellings and accessory
REPORT NO.: PSD-oOS-o6
PAGE 5
buildings. The proposed rezoning from Agricultural (A) to a residential zone to allow the
creation of 14 lots is consistent with the service connections constructed for Bradshaw
Street. In addition to the Van Londen property, the rezoning application applies to the
unopened Winnstanley Street road allowance and the adjoining 3.92m parcel of land
also owned by the Municipality of Clarington to the south of the road allowance.
9.2 At a meeting in June 2005, Council considered a confidential report dealing with closing
and conveyance of a portion of the unopened Winnstanley Street road allowance, and
declaring the same surplus. At the same meeting, a report declaring the adjoining 3.92m
wide parcel to the south as surplus, was also considered and approved. The above
resolutions along with the proposed rezoning of the lands allow the eventual
development of the lands together with the adjoining property for residential lots.
9.3 The majority of the lots proposed will have a minimum 12.0m wide frontage cOnsistent
with the servicing plan and many of the existing lots on Bradshaw Street. An exception
to this will be the existing house at 80 Bradshaw Street. It will retain a frontage of 21.0m
and the zoning will allow the future redevelopment of the property with the creation of
two 10.5rn wide lots for single detached dwellings. The other exception will be the most
southerly portion of the municipally-owned road allowance and the surplus parcel to the
south which together only accommodates a 10.5m wide lot.
9.4 The subject lands are within an existing Plal:l of Subdivision, and the Planning Act allows
the division of lots and blocks within a Plan of Subdivision through the use of Removal of
Part Lot Control. This related application will be dealt with once the applicant has
entered into a subdivision agreement with respect to this development. To further
ensure these obligations have been satisfied, the rezoning will maintain a Holding (H)
Symbol consistent with the policies of Section 23.4.3 of the Clarington Official Plan until
such time as all conditions of approval, as typically contained in draft approved plans of
subdivision, including the need for a development agreement, have been complied with.
9.5 In response to issues raised through the public process, the municipality cannot control
the pace of construction generally, and a key factor will be real estate market conditions.
When dwelling construction does begin, it wUI be subject to municipal policies that control
dust and roadway mud whenever construction activity occurs in Clarington. The
proposed construction will no doubt create noise for area residents. However, it is not
anticipated to be a significant problem and can be controlled through the Clarington
Noise By-law.
9.6 Trees that are both preservable and outside the construction envelope on each lot will be
preserved. Eleven (11) street trees, one per newly created lot, and conforming to
municipal standards, must be provided by the developer.
9.7 This development proposal does not connect Bradshaw Street with Apple Blossom
Boulevard and. there is no plan by the Municipality to open Bradshaw Street to Apple
Blossom Boulevard. Similarly, there are no provisions to widen the travelled portion of
the street and therefore, cars will not be moving relatively faster. The required road
REPORT NO.: PSD-oOS-o6
PAGE 6
widening brings the road allowance up to the standard 20 metre width for local streets
and further assists in providing appropriate spacing for services and street trees.
9.8 The Finance Department advises that the taxes for all three properties have been paid in
full. .
10.0 RECOMMENDATIONS
10.1 Based on the comments in this report, it is respectfully recommended that the rezoning
application be approved.
Attachments:
Attachment 1: Site Location Key Map and Property Plan
Attachment 2: Zoning By-law Amendment
Attachment 3: Authorization for Agreement
List of interested parties to be advised of Council's decision:
Gerrit Van Londen
Mark FoleySean Powers
Don Chandler
Attachment 1
To Report PSD-008-06
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ZBA 2005-013
Zoning By-Law Amendment
ZBA 2005-022
Lands Affected By
Part Lot Control Removal
Owner: Gerrit Van Londen
and Municipality of Clarington
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Attachment 2
To Report PSD-008-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-
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 application ZBA 2005-013;
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 "Agricultural (A) Zone" to "Holding - Urban Residential Type Two
((H)R2) Zone", from "Agricultural (A) Zone" to "Holding - Urban Residential Exception
((H)R2-17) Zone" and from "Urban Residential Exception (R2-22) Zone" to "Holding -
Urban Residential Exception ((H)R2-17) Zone", as illustrated on the attached Schedule
"A" hereto.
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
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2006-
passed this day of . 2006 A_D.
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Zoning Change From "A" To "(H)R2"
Zoning Change From "A" To "(H)R2-17"
Zoning Change From "R2-22"
To "(H)R2-17"
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John Mutton, Moyor
Potti L. Borrie, Municipal Clerk
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Attachment 3
To Report PSD-008-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-
being a By-law to authorize entering into an agreement with the Owners of lands subject
to Part Lot Control application ZBA 2005-022 and any Mortgagee who has an interest
in the said Lands, and the Corporation of the Municipality of Clarington in respect of
Part Lot Control application ZBA 2005-022
WHEREAS the Council on September 13, 2005 approved a Part Lot Control Application
located in Part Lot 9, Concession 2, former Town of Bowmanville and authorized the execution
of a development agreement with the Owner;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington 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 sea, an
agreement between the Owners of the lands subject to Part Lot Control ZBA 2005-022;
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Corporation
of the Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk