HomeMy WebLinkAboutPD-102-99
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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
..
,
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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
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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:
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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)
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37 JONES VE
NEWTONVILLE 0
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, . . . '. . '. .'. , '. . " ",. ;,,,",' < '""" 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' '....'
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' ., 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-"''..''''~~_~
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