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Home My WebLink AboutPD-33-99 ~ . ON:Po-33-99 ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PU B LI C MEET I N G Date: Monday, April 19, 1999 File#.D\'i.-zsA .qq.dS7' Res. #c;p~ - ;;1.19- 9'1 Meeting: General Purpose and Administration Committee Report #: PD-33-99 File #: ZBA 99"()()8 By-law # Subject: REZONING APPLICATION. APPLICANT: SAM L. CUREATZ, Q.C., ON BEHALF OF JAMES WILLIAM HALE IN TRUST PART LOT 8, CONCESSION 1, PART OF THE ORKiINAlROAD 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 FILE NO.: ZBA 99-008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-33-99 be received; 2. THAT the application to amend the Zoning By-law to permit the development of two lots for commercial use and one lot 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 commercial lots of 0.2 hectares fronting on Highway 2. and one residential lot of 0.19 hectares fronting on Rose Cres. 1.4 Area: 0.59 hectares 619 REPORT PD-33-99 PAGE 2 2. LOCATION 2.1 legal Oescdption: Part lot 8, Concession 1, and part of the original road allowance between Concession 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 h.ectares each, and the remaining lot which would front on Rose Cres. had a proposed lot area of 0.19 hectares. All three lots were within the Residential Hamlet (RH} Z()ne, 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 0.4() 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 now included commercial uses for the two lots fronting on Highway 2. The lot fronting on Rose Cres. remained as a proposed residential use. 620 , REPORT P[)"3~99 PAGE 3 , 5. PUBLIC NOTICE 5.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice 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 As of the writing of this report, no inquiries have been received into the proposed application for rezoning. 6. OFFICIAL PLAN POLICIES 6.1 Durham Region Official Plan The subject property is designated "Hamlet" within the Durham Region Official Plan. Hamlets are to be developed in harmony with surrounding uses and may contain commercial uses that meet the immediate needs of the residents of the hamlets and the surrounding rural area. i 6.2 Clarington Official Plan The subject property is designated "Hamlet Residential" within the Clarington Official Plan. The predominant use of lands so designated shall be for single detached residential dwellings. Other uses, such as general stores, .arts andcr~f1: shops and farm-related commercial uses, are also permitted provided such uses are compatible with the surrounding uses and do not detract from the character of the hamlet. 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; 621 REPORT PD.33." PAGE 4 , . 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. 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). Commercial uses are not permitted. 8. AGENCY COMMENTS 8.1 The proposal was circulated to the appropriate departments and agencies for comment. As of the writing of this report, comments remain outstanding from the Ganaraska Region Conservation Authority, the Regional Planning Department, the Regional Works Department and the Clarington Public Works Department. 8.2 Ontario Hydro and the Clarington Fire Department have responded with IlO objection to the application, as filed. 8.3 The Regional Health Department has stated that approval must be withheld as "there is insufficient area for private sewage disposal for 2 commercial lots and 1 residential lot". 9. STAFF COMMENTS 9.1 Upon receipt of the application, Staff contacted the applicant to clarify the type of commercial uses being proposed. The applicant was not sure of the owner's intentions other than the lots fronting on Highway 2 would be for commercial use. The applicant confirmed, however, that the two existing buildings on the property would be retained and utilized for the proposed commercial ventures. The application was circulated as received. 622 , REPORT 1'0-33-99 PAGE 5 , . 9.2 One week after circulating the application, Planning Staff confirmed with the applicant that the owner wished to have the same hamlet commercial uses as currently permitted in the Hamlet Commercial zoning of By-law 84-63. They were particularly interested in an eating establishment but as they did not have any potential tenants, they were unable to request an eating establishment as their preferred use. 9.3 The comments from the Regional Health Department are largely based on the lack of information provided by the applicant. Until a specifiC commercial use is requested, final comments cannot be given. 9.4 The applicant submitted a report prepared by Geo-logic Inc. with their application for minor variance. This report 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. This report did not address the septic requirements for commercial use. In accordance with the Official Plan policies, the report will have to be updated to include the revised submission for commercial use on two of the three lots. The applicant will also have to determine specifically what type of commercial use they are requesting prior to the report being prepared and a final recommendation being made on the application. 10. CONCLUSION 10.1 As the purpose of this report is to give the status of the application fonne Public Meeting, it is appropriate to have the application referred back to Staff for further processing. 623 , REPORT PD-33-99 PAGE 6 Respectfully submitted, Reviewed by, . rome, M.C.t.P., R.P.P. irector of Planning & Development o r~--~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Oftlcer *DJC*cc January 7, 1999 Attachment No. 1 Attachment No. 2 Key Map Proposed lot boundaries Interested parties to be notified of Council and Committee's decision: Sam Cureatz, Q.c. l04James Street West Newcastle, Ontario 11 B 1C6 JamesWilliarnHale, in trust 434Q Concession Road 4 R. R. #1 Orono, Ontario LOB lMO 624 . , ATTACHMENT NO.1 _ SUBJECT SITE LOT 9 LOTS . o z [[[8 CLARKE KEY MAP , I I \~_ ZBA. 99-008 625 N ,.. z o - en en w o z o o I . . ~ "'" ~ '" ~ a ~ --' ~ !;! h ill Q 6 '" u <: 0::: ~ a --' --' ." --J ~ Cl c; ~ '" --' ~ <:5 0: -2. j }if I ORIGiNAL .lr-::T~hQ~ 51 i!:1 L~ 8. 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