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HomeMy WebLinkAboutPD-102-99 . 1; tiNtPD-I02-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # 7)} 1 :zBf7 0/1-00 ~ Res. #(;P!f -~J..)-1q Date: Monday, September 20,1999 Report #: PD-I02-99 FILE #: ZBA 99-008 By-law # .~ Subject: REZONING APl'LICATION APPLICANT: SAM L. CUREATZ, ON BEHALF OF JAMES W. HALE, IN TRUST TOWNSHIP OF CLAliKE. 4503 HIGHWAY 2, NEWTONVILLE FILE NO.: ZBA 99-008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-I 02-99 be received; 2. THAT the application to amend the Zoning By-law to permit the development of three lots for residential use be referred back to Staff for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Sam L. Cureatz. Q.C. 1.2 Owner: James William Hale, in Trust 1.3 Zoning Amendment: To rezone the lands to permit two residential lots of 0.2 hectares fronting on Highway 2 and one residential lot of 0.19 hectares fronting on Rose Crescent. 1.4 Area: 2. LOCATION 0.59 hectares 601 .. , , REPORT NO.: PD-l02.99 PAGE 2 2. 2.1 LOCATION Legal Description: Part Lot 8, Concession 1, and part of the original road allowance between Concessions 1 and 2, and part of the original road allowance between Lots 8 and 9, former Township of Clarke, 4503 Highway 2, Newtonville. 3. 3.1 LAND USES Surrounding Uses: North - South - East West - Hamlet Commercial Residential Residential Residential 4. BACKGROUND 4.1 On February 5, 1999, the applicant filed an application to the Committee of Adjustment for a minor variance to permit the creation of three lots for residential use. The two lots fronting on Highway 2 had proposed lot areas of 0.20 hectares each, and the remaining lot which would. front on Rose Crescent had a proposed lot area of 0.19 hectares. All three lots were within the Residential Hamlet (RH) Zone, which has a minimum lot area requirement of 0.40 hectares. Upon review of the application, Planning Staff determined that the reduction in lot size from 0.40 hectares to 0.20 and 0.19 hectares could not be considered minor in nature. The applicant was notified and the application for minor variance was withdrawn. 4.2 On March 1, 1999, the applicant subsequently filed an application for rezoning of all three proposed lots. However, the proposal was revised to include commercial uses for the two lots fronting on Highway 2. The lot fronting on Rose Crescent remained as a proposed residential use. 602 REPORT NO.: PD-l02-99 PAGE 3 4.3 A Public Meeting was held on April 19, 1999. No one was noted as speaking in opposition to the application. Recommendation #GPA-219-99 was approved by Council to refer the application back to staff for further processing and preparation of a subsequent report. 4.4 On July 27, 1999, the Planning Department received correspondence from the applicant requesting that the application be revised to permit three lots for residential use. This change in the proposed rezoning warranted that a second Public Meeting be held. 5. PUBLIC NOTICE 5.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice on the revised application was given as follows: . the appropriate signage acknowledging the Public Meeting was installed on the subject property; and . written notice was circulated to all assessed property owners within a 120 metre radius of the area subject to rezoning. 5.2 Since the first Public Meeting, Staff have received one verbal inquiry into the original proposal. The inquirer's mother resides at 8 Roser Crescent. The objection was in regards to drainage issues. 5.3 As a result of the revised application, a written submission of objection has been received and is included as Attachment No.3. This objector's concerns addressed the reduced lot sizes and how they would accommodate the required septic systems for the three lots. 5.4 These two public concerns are addressed in Section 9 of this report. 6J3 .' REPORT NO.: PD-102-99 PAGE 4 6. OFFICIAL PLAN POLICIES 6.1 Durham Region Official Plan The subject property is designated "Hamlet" within the Durham Region Official Plan. Hamlets are primarily for residential use and are to be developed in harmony with surrounding uses. Section 13.3.8 of the Durham Region Official Plan permits infilling between two existing dwellings, anJor a minor expansion to existing development provided that the development has an adequate supply of potable water, the soil conditions are satisfactory for the effective operation of a private waste sewage system on each of the proposed residential lots, and there would be no adverse impact on the supply of water or the soil or ground water conditions of adjacent properties. 6.2 Clarington Official Plan The subject property is designated "Hamlet Residential" within the Clarington Official Plan. The predominant use oflands so designated shall be for single detached residential dwellings. Section 12.4.6 of the Clarington Official Plan specifically addresses the hamlet of Newtonville and states the following: . all development is to be serviced by municipal water; . the minimum lot size may be reduced provided an engineering study demonstrates that the soil and groundwater conditions can support the reduced lot sizes without contaminating soil or groundwater; . no further development is to be permitted upon reaching the capacity of the municipal water supply system; and . no further development is to be permitted if there is evidence of soil and groundwater contamination which cannot be mitigated. 604 REPORT NO.: PD-l02-99 PAGE 5 7. ZONING BY-LAW 7.1 The subject property is zoned "Residential Hamlet (RH)" within Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle. The "RH" zone permits single detached dwelling units on lots with a minimum lot area of 4000 square metres (0.4 hectares). 8. AGENCY COMMENTS 8.1 As of the writing of this report, agency comments have not been received on the revised application. 9. STAFF COMMENTS 9.1 The previous application for two commercial and one residential lot did not specify the type of commercial uses proposed. The Health Department withheld approval of the application based on the lack of information provided by the applicant. They are currently reviewing the revised application for three residential lots. 9.2 Public concerns have been raised in regards to the lot drainage and septic system. The Clarington Public Works Department will be requesting that the applicant's engineer provide a lot grading and drainage plan to be approved by the Director of Public Works. Any drainage issues will be addressed prior to the land severances for the three lots being granted. 9.3 In regards to septic system issues, the applicant submitted a report prepared by Geo-Logic Inc. with their application for minor variance which addressed the potential for the proposed lots to support three septic systems for the severance of the lots for residential use. The report concluded that the site was suitable for three private sewage waste disposal systems for residential use, subject to a number of criteria being fulfilled. 605 REPORT NO.: PD-102-99 PAGE 6 10. CONCLUSION 10.1 As the purpose of this report is to give the status of the application for the Public Meeting, it is appropriate to have the application referred back to Staff for further processing. Respectfully submitted, Reviewed by, . Crome, M.C.I.P., R.P.P. r ofPlamring & Development Or~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. ID*LT*DC*df 13 September 1999 Attachment No. 1 - Key Map Attachment No.2 - Proposed Lot Boundaries Attachment No.3 - Public Submission Interested parties to be notified of Council and Committee's decision: -~-,"--,--. '- , ' _ SUBJECT SITE LOT 9 r--------- ATTACHMENT NO.1 LOTS n 1-1 I W .-J > Z o or I I \~_ CLARKE KEY MAP ZBA.99-008 o 'J I ('I . o z o o ,.. z o - en en w o z o o ! J /I:i I CHiGiN..1.L ltt~"NOflTf<W[ST"'~~- 'Jilt LOT 15. CONCESSION I 1:11:: - ~.5'l' 0;- \;l \1'l '< '" ~ C) ~ ~ ~ L~ '" '" ~ .... ~ "' CI OJ , 0 ~ ~ 0 ~ '" ~ ~ C) z ~ ~ '< ..... ~ Q '< C) ~ '" I ~ ~ I " , 1l' a ,- ~5~'~ I I L I SEE DETAIl ~J 8"", ...- HWAY H~~EPOSITED PARCEL A ~ N 7,.22'00'"[ 126.00' DETAL ; IV' ll! ,.....Ll ~ ~~ ~r to ;z;;~7'y,'~ r'", ~'~ .:-,,;;;; ~"K~.oa: ~ ~ ",. 1 c~lt h '. ; IE ~s;~\.:..,c. ~04.,o~ ~ t ----- . I J. <"$J"'t ".'A 116T!>4 ...'f1 ~1: ~~O' h . . ARt,. ~ 0.20 "" _05000:; P\....~~ ,~ !~ " I~ c n I; . ~~ g~ , . ~ z I I I J No. . No. pIJ>,N Z 1029) ,OR 5 1..0' 55.0Q' t.32.48' N 71"22'00"E 187.-'4-8' 18(1106) \ 0 N 55 6(1'(16) ------ stl(~) (DISTURBED) 0.\5">'.OIYE) ----- ----- __--:>\ :; ~ENr ______ ?~? <0 E~SE 12185 CT ' < No. SlJBJE ., INS" ~S I" N 71"42'OO.E 121.82' ----- ------ p~R\ ------ ----- " OJO ------ 1B(\4"') ...--1 ATTACHMENT NO.2 CONCESSiONS A!>lD BY BY-LA If No. 48, INST. No. 25J) R\ '\ ?~ '2-n M 6Z't;jSrYJ-r- 52.52' 18("'''') ",,-' - - " m d b ~ m ,; ~ \ 11: PART '1 '8 PLAN lOR - 27& ~ . io 8 z ,; ~ ""=1 N 71'42'oo"E " o ,; w 18(1,u4) 66.00' . o o io io STREET z bj a '" 1- ATTACHMENT NO.3 AUGUST 26, 1999 . U1lBccmllWThID AUG 3 0 1999 M\JNICIPI\\.ITY or C~Qlfl PLANNING OEPfIR'I\fM . ATT'N ISABEL DEKKING THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET BOWMANVILLE. ONTARIO PLANNING FILE; ZBA 99-008 CLERK'S FILE: D14.ZBA 99-008 GOOD MORN ING! ! I'M WRITING TO EXPRESS MY CONCERNS WITH REFERENCE TO THE ABOVE FILES. IT IS MY UNDERSTANDING THAT ANY NEW LOTS IN OUR MUNICIPALITY ARE REQUIRED TO BE 1.00 ACRE TO SUPPORT THE NECESSARY SEPTIC SYSTEM. THE REASONING BEHIND THIS IS TO PROVIDE ENOUGH ROOM FOR AN ADDITIONAL BED SHOULD THE FIRST ONE FAIL. THIS PROPOSAL, IF APPROVED, WOULD PUT THREE BEDS ON APPROXIMATELY 1.5 ACRES WHEN THE BY-LAW REQUIRES THREE. THE FACT THAT TWO OF THEM WOULD BE ON A VERY STEEP HILL MAKES IT EVEN HORE ONEROUS. THIS AREA ALREADY HAS TOO HIGH A DENSITY OF BEDS PER ACRE AND THIS PLAN WILL ONLY COMPOUND THE PROBLEH. I BELIEVE ABOUT 6-7 YEARS BACK A SUB-DIVISION PROPOSAL FROM QUADRILLIUM CORPORATION WAS TURNED DOWN AND ONE OF THE REASONS WAS THE FACT THAT THE LOT SIZE DID NOT MEET THE BY- LAW OF THAT TIME WHICH WAS .75 ACRES. THIS NEW PLAN DOESN'T EVEN MEET THE OLD BY-LAW. JUST FOR A POINT OF REFERENCE I HAVE ENCLOSED A COPY OF A ARTICLE THAT APPEARED IN THE OSHAWA TIMES RE THE PROBLEMS ONE MS. BOYES WENT THROUGH TRYING TO GET APPROVAL FOR 2\1.00 ACRE LOTS. A.M. (SANDY) /-;/(t _ W, 37 JONES VE NEWTONVILLE 0 LOA IJO OJ} , '. .."""f"li,<l"lilIJ,JliJ."'" ~""'t'9'..,. " . ~.~~~t~f;~~~r*+f..~j,~~F''':~;; r~~nnt~a:r0Ull11~Ul'tI[aln', .. .~'arC~Sal\Ti(t '."~;~fi!r;~(~~~~i;Qi:~~0'::;~:f;"i";i""'W!;,;'g,:;~i\'\~,:~~~f~~~4':;',:v,i'~!~r:',')~';:',.,!,,;'-'.,":'.'..' , . . . '. . '. .'. , '. . " ",. ;,,,",' < '""" r,\;ii1ir)'~' '6Wri:llu! 3Q.ear-6ld home the' Ii ByJohnMacDonald'''", . .;""rnenl"ldthe.sev.ereoMrcel,o" gr."''''~''dtsY;~'b~'''d'C~'c' Yth' ,---, "x,,:-,~J:-)y':,_-"_:"_:,';'-'<:)~}A04::> ".,"_";'ic "'! -"ve~:tY'<-ll' . oll'.___ . -,w'-.\IJ;I,_~cause,' { Oshaw.Tim. "S"'ff'.",,,.,~,,, '" .. """."..' bes mall.and)VO\ll,dn t ''''.' ,..,p.e~lhg ''''t~''" . 'b,.,. "~. ""-""ed' '....' .' " . . · ," .',. " ',< 1"Thill" '~IWU ..um~ca\l ,"lldrg ,! ' ., BOWM'ANVlLLE"ANewcastle' wa!E:r ~l~ It ,o~"~;;: ." ,y~~Jr.' ""';:"''''''''''.''!';'' ~"'t"ti" "'''th' .e,'., '.' '. . """.. .. POSSlblltyeXlS"",plwa",r""lIl co . ="UJ;Ce, m'lge ng, e.n m.. olh..er . and..w .a r...d...2.. c....o..un '. cillo.r.... .JO h..'.'..' '. ,,,. b" . """'ti"j;1." ' '.d'" .'"'^"" "',",.~.. ""'..' """"'." H.'" r .\". "'d . h.th'" ""Jammated C,mW\. 1!1 ~use Y!ID'~~"e,yougo l.o;:roole,ar~~k'!lleas~ ,WIt,. ~J!lD;\'I<','l\"BtitlJ" i~'Ovafl>l' . w{O'~!i1ie ;coUndl~amber .0 larotind the. .'WomanlW.been getting~'tB'I;. " ~"'''.tn:i'.<'. ". ,fiI{}.. h'I',,!' ""'''....'t...'I. "b'l t .. , ., """ '., '",'. .." . '" ".Health. ar .en . .e.S,Il:W 9.e.. .~W.se .9 . ro er ."I.from' town counCIl Smce.JanuaryJ99Qlli. "d"th""P'/.. ... ~Pt""'OI' F~'''' .ha"v.e"to.dea"IWlI1.th....Bo'y"'esP"a.l.d e f '.', .'..... ". ''''I''h.... "1 'I '" sal ere.iwas pen y, . . , . . .<~. o. ,::I.ovrr",tI)e/.~~ye.r"nce.},p.,.ef,ft ~'AI, j'~"PcaliShlUielfiUlJ ~cfiJ,?, . nt themtO'sli~\V :someN'ilcern' f ",-.t..wo-. a. ere. ".a rc e1911a. n ll".~ ,;;l~!.~ ..,H '."~ '''''..','@'.'''B'. "", '''X.....d. ..."hi..~'. m"Ii'.. .~. .... .' y."a'pp'.Ii'ca. ti'on'.'''.'' ;;".'.t.',""';."j '.;'''1>'' "" . ,1' ",. ,. '" ". ....d oyes saI s <co p, , "1''1+>'''''''', .", si 'e. Mary dO Boyes of ;TfUllei'S Ro.'jd ,Ill }:.'ihe' "lI1!S''Ot'thC't<lWo' but. , li'IAsl 'Mondafiligh!;'coUncillailed io'de y j~amptonmade her. lou~,fr\p tocoun'~'hlr~ijas'wli~ii~he '\vas)old !opay .,7 'ili, BoyeS'; application; electing a, cIl Monday mght "beggmg, them to ./ for an environmental'studr:on ,theiPu\lt olflor all~ther month, A mo' e ,pass her "pphcatron to sever the fam-,. rosed severance. :rhat caused.h .hieb . didn't S!t,'wrll)\llth . Cou r'lly's land mt.o l\\'~one'acre Ipts. ;<',,,,-~:E1i/~o triptothe'couricIl Cham. . ':roole:~*'lf,,;l:\li7i".fit;~,''')':' "c".. , ,.,::She .;va!!ts tQ,se.1l. hall the land and j'i!\>!"I'j'" i""1it"'("ffi"(F""'" ,;o'.Toolesaid the 'appiication Wi k tthe home she, herbuswnd and two "I" us. $a ~tO 0 ta, dm.n~.J1UlD' c iorig'ina.lly "delay' edby. there.gion; " I'" db 'ld h . th ' ve op.e1"J !lon wan ,con OIl1!ll1. sJk., , ' "" ''''t", ""ha' '''th LI, sons. .IVe.,!IlJ. ~n,,'!L,JL oll}e 09 ed., 'lln:?b"']iJ(''th t ,,' .'tltr riil tJ'rrgovernmentbutc., floW s. e e )severed acre,ll'hey can onlyalfot<! to ,01' ywmg . e . , ,a .on e. a , . .j""blessiug" since they completed the 'build if they sell OM acre,",' . ," '.. ". wa~t one home for me and my la~l1ly, "'9lficial plan study .114."":,.',)',; ., . "You' 'g01 'he e 'to il I like .the ,area.,and want ,tOstaY~""N "N tl'''' '1' d y ,',:""'" .,:. ;"; J.~".r",,-\, 'B ,c9ll?c;:'~__", ". . "-'~I/,;,?-,-,";';":"''''_:,'Wj:~J~'t<t~~~_, ow}.' ~V{cas e,(~ouncI IS- ( "meetmg)can ,speak and they Justthe~e,~hJl.~D.!'!~'h+1"."":.;ni~~~~'layiugitfor';llnOthermOnth, We', look, ai you},ikether aren't paying al,:<:She hopes Mond~y's trip to'coimcU;y:just notooing responsive enough I ' tentIOn,I Just Wish somebody on .~ her lourth .!-. Will be her last ,She r.the'citizens."',"::,' c~unciIwouJd ask me a question or simply wants council to spell.out. wha(f,~,hi:We're making the'bureaucrats g /jIve Il'e"n answer," Boyessaid, ' they want her to do to have her appIi-", back and look at it again when thi She first spOke to council alter her catIOn approved, especially after. thecit.iz~n d~rves ~n answer," O:Tool appiication was denied because Iront. town has granted other apphcatIons,.sald!n an llltervle", alter the counc: ag. eon., .lb... e. p.roPD. sed Io.tiS less th.an.. .... aroundher!.s~" sald"..;,:..:;......''''.f,~.'...~!jng,~. ,-~'#~l%'~.'$:'~1"..,-"c, the to'1'n:V!Jqmrement o,f 100 feet.,,,,~i'.':"1'Theremaybe1l1ieeze orinamI. "".;During the meetmg; he asked coun " "The maforlty ollotsm my neIgh, m Newcastle, but they areJlt!ssmg1,cI! tgAeall\1th th" matte~, but M,ayo borhood aren't 100 leet,"'lloyes con, . some applicatio~ similar to mlll",Jt.-~)?lane ~amr~ saId that w?ul<!n t b( tends.':The two beside me are 66 and happened up the "street five hOtlSes~,approprI.ate smce the town s dlrectOJ 83leelWide.".. . '., from me," Boyes sai<J. ','";.c"i';",tol plann;ng, ~rJlnk ~u, told ~OunCI Then bureaucrats for the town's A mother 01 two' boys aged nIne and The wasn t famIlIar With Boyes apph Planning and Development Depart, 11, said her family has simply out, cation, . . ....-,,"4.,....,"-';~'~"";'''ifI;<''il'._'''i-"''..''''~~_~ oiJ