The URL can be used to link to this page

Home My WebLink AboutPSD-060-06 cmr-!!Jgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, May 23, 2006 Report #: PSD-060-06 File #: ZBA 2006-0012 By-law #: (; (J 11 - 8-- t( t - D h TECHNICAL AMENDMENT TO ZONING BY-LAW 84-63 APPLICANT: THE MUNICIPALITY OF CLARINGTON Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-06 be received; 2. THAT provided that there are no significant issues raised at the Public Meeting, the proposed Zoning By-law Amendment contained in Attachment 2, be passed and, 3. THAT the Region of Durham, all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D v . Crame, M.C.I.P.,R.P.P. Director, Planning Services ReViewedQ~~~ ranklin Wu Chief Administrative Officer TW*CP*DC*sh May 12, 2006 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-060-06 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Proponent: Municipality of Clarington 1.2 Rezoning: To correct an error in the zoning of an approved and built plan of subdivision by changing the current zoning from "Urban Residential Exception (R2-24)" to "Urban Residential Exception (R1-45)" to permit linked dwelling units. 2.0 LOCATION 2.1 The subject properties are located on lots 59 to 62, Plan 40M-2213 in the centre of Sleeman Square, municipally addressed as 71, 75, 79, 83, 143, 147, 151 and 155 Sleeman Square (Attachment 1). 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The subject properties have been developed with linked dwelling units. 3.2 Surrounding Uses: North - Residential South - Residential East - Residential West - Residential 4.0 BACKGROUND 4.1 On April 28, 2000, the Ontario Municipal Board approved rezoning application DEV 95-020 and the associated plan of subdivision application 18T-95029 submitted by Black Creek Developments Ltd. The approval of the rezoning application changed the zone category of the subject properties from "Holding - Urban Residential Type Four ((H)R4)" to "Urban Residential Exception (R2-24)". 4.2 The "Urban Residential Exception (R2-24)" zone permits single detached dwellings with a minimum 12.0 metres of frontage. However, the intent of the approved plan of subdivision and rezoning applications was for the subject properties to be developed as linked dwelling lots. Staff has since determined that the subject properties were incorrectly zoned. The subdivision has subsequently been registered and built in conformity with the draft approval as link dwelling lots. REPORT NO.: PSD-060-06 PAGE 3 5.0 PUBLIC NOTICE AND SUBMISSIONS 5.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. 5.2 Staff was contacted by the Owner of 83 Sleeman Square who indicated that the dwelling has been marketed by the developer as a single detached dwelling. Staff confirmed for the owner that the permit had been issued for a linked dwelling. The owner was advised that if the zoning is not corrected, the dwellings would not comply in regards to lot frontage area, and interior side yard setbacks. 6.0 STAFF COMMENTS 6.1 As the intent of the plan of subdivision and rezoning applications and the OMB approval was to zone the subject properties for the development of linked (semi- detached) dwellings, it is appropriate to rezone the subject lands to "Urban Residential Exception (R1-45)". This zone category is consistent with the plan of subdivision as Draft Approved and Registered. Furthermore, it is in keeping with how the lands have been developed and will prevent any future confusion as to the permitted use of the subject properties. 7.0 CONCLUSIONS 7.1 It is recommended that the Zoning By-law Amendment contained in Attachment 1 be passed based on the comments in this report. Attachments: Attachment 1 - Location Map Attachment 2 - Zoning By-law Amendment - CI) u 1: ::s o (.) - a. III :IE c o ; III U o ...J ~ CI) a. e D.. ~ N \0 w ~w amLno N .L[) r---'- <<;j- L[)ai N f-.-.n c..o r--- z o .w (J"l.W mlno m~ a <<;j- <<;j- .L[)<<;j- .N~ a <<;j- a c..o ~ ai ~m ~m n n <<;j-IV) r--- f'.. z Z Lt9'll OOO'll Ot9'll 000' or;; 3: OONL{) L{)Oov- - OL{)n ~o'-:cx:i irlNnN c.o II II II ZO:::<tu 0 0 0 0 "<;j- 0 ~ lO co "<;j- LO 1'0 ,- <<;j- m <<;j- w 0 0 c..o 0 0 c..o 0 0 0 LO N N N N :- r--- 0 0 :z 0 0 0 0 N N 8l w a L[) ~ m N a 8(Y) r--- N a ~ <<;j- L[) ~~ r--- f'.. N N Z n n 8l OOO'O~ 000'8l 6L6'0 l ]~~n~s ~ '0 LOlO 0, co NO ""r' lO :z M,,0~,ZZ.8l N lZ9'n N~v..J]]lS '8l w 00~'8l 000'8l 00~'8l Attachment 1 To Report PSD-060-06 .... Z w :E c NZ or-w c:E CT<( g~ N.J I ~~ Nc) 3: Z o N M - N ~ :E o ~ N CD "C C ns - CD c:i CD a; It) II) - o .J c o - OJ C .~ .!!! CJ .... o ~ ~ ns Q, :~ c ~ :E - c ns .~ C. Q, <( "\N 9'55' 40 N2 <;9 vvC;: --;::"I VV or--- mN . N ~ c:i M"O~,tt.lZN a OC;:;C;:;T~ c..o 1'0 Sv r--- lO f'.. ,- OOC;:;T~ 0 M"Ol,L~.8lN 0 2v 0 N OOC;:;T~ 0 Iv 0 0 N w OOC;:;T~ a 0 L[) 0 Ov N 0 N N ,- OOC;:;T~ r--- LO M"O l ,L~ .8l N z "<;j- "'""! 6S ,- "l 669Tf' ~ NM"Ot,f'G.GlN fv)~ 0-; 6(cfl 8 € '[' ) "09,f;>f;> -1:] 'CN ) /)/8 "09,f;> Attachment 2 To Report PSD-060-06 HIE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 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 ZBA 2006-0012; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Exception (R2-24)" To: "Urban Residential Exception (R 1-45)". 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 Sections 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. 0 w 0 n ~ ex) <( :J 0 0 0 C/J 0 00 N63'29'50"W 00 7.086 0 0 n Z ex) <( 00 :2E 0 w 00 w o~ .....J 000 n~ C/J 00 8 00 O'OO"E .687 LJ"") N cO --l '", ~ , 0 12.000 12.000 14.000 0 0 0 0 64 ~ 00;: 1';: l...D~ 00 00 oLf) g oLf) g oLf) g (l) o , 0 ,0 '(l) Q) 32.500 ""l ~ ""l ~ ""l ~ ""l I'"") ,n.l'"").n r-- 63 0 n oon OOn ;:1'"") Q) 0 0 ~ z z z c.o 27.479 12.000 12.000 11.564 N71'22'50"E 66.494 0 r-- 0 '" 0 ~ 0 ~ l{) ~ 0 0 C> N ;= 0 0 ,'" '" N ~ N to N26'30"O"E R~20.000 A=31.330 C=28.224 ~'O ~~ " /f, N 48 82'33'40''[ 34.895 ~ Zoning Change From 1R2-24" To IR1-45" John Mutton, Meyor Petti L. Berrie, Municipel Clerk ;:!; J ~ i ~ I~l~ ROAD I I / NASH I