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HomeMy WebLinkAboutPD-50-99 \ .. f DN: PD-SQ-99 , < , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Date: Monday, June 7, 1999 File # DiLl .ZflA. 9'l.oIk::> Res. #(-, rA --;::;.q(~q9. Meeting: General Purpose and Administration Committee Report #: PD-50-99 File #: ZBA 99-016 By-law # Subject: REZONING APPLICATION - APPLICANT: LAWRENCE WESSON ON BEHALF OF SCHICKEDANZ BROS. LTD. PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE NO.: ZBA 99-016 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-50-99 be received; 2. THAT the rezoning application ZBA 99-016 submitted by Lawrence Wesson on behalf of Schickedanz Bros. Ltd. be APPROVED and that the amending by-law contained in Attachment No.3 be forwarded to Council for approval; 3. THAT a by-law to remove the Holding (H) symbol be forwarded to Council at such time that all the conditions for the related severances have been fulfilled; 4. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owners: Schickedanz Bros. Ltd. 1.2 Agent: Lawrence C. Wesson 601 - , " REPORT PD-50-99 PAGE 2 1 .4 Area: from "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-22)" in order to permit the creation of three (3) lots for single detached houses with a minimum frontage of 12 metres (39.4 feet) and to allow an additional parcel to be melded with other lands for the creation of another building lot. 2,099 square metres (0.52 acres) 1.3 Zoning: 2. BACKGROUND 2.1 On April 15, 1999, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the creation of three (3) lots for single detached houses with a minimum frontage of 12 metres (39.4 feet). An additional retained parcel with a frontage of 3.92 metres (12.86 feet) would also be zoned to eventually allow for it to be melded with other lands to create a buildable parcel with a minimum 12 metre frontage. 2.2 The subject lands are located east of Liberty Street, north of Concession Street East and west of Mearns Avenue in Bowmanville. They are located on the west side of Bradshaw Street. The lands are Part of Lot 9, Concession 2, former Town of Bowmanvi lie. 3. EXISTING AND SURROUNDING USES 3.1 The site is currently vacant. 3.2 The surrounding land uses are as follows: North - South - East West Vacant & Urban Residential Urban Residential Urban Residential Urban Residential 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public notice sign was installed on the lands. 60:2' .; , . , REPORT PD-50-99 PAGE 3 4.2 As a result of the public notification process, to date, the Planning and Development Department has received one telephone inquiry. The inquirer lived across the street and wanted to know if the subdivision works related to his subdivision (of which his lot is a part) had been assumed by the Municipality. Staff informed him that the works had not been assumed and that the rezoning had nothing to do with the assumption of his subdivision. 5. OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Regional Official Plan, the subject property is designated as living Area in the Bowmanville Urban Area. The application conforms. 5.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential. The application conforms. 6. ZONING BY-LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Agricultural (A)". The proposed development does not conform, hence, this rezoning application. 7. AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. The Central lake Ontario Conservation Authority and Clarington Hydro had no objections. The Regional Planning Department and the Clarington Fire Department had no concerns. All other comments have been received and are as follows. 7.2 Clarington Public Works Department, Engineering Division, has commented that the applicant, as a condition of related land severance applications: lDs 118/99, 119/99, and 120/99, will be required to pay the Municipality the portion ofthe front end payment provided for under a Front-Ending Agreement entered into between 60S , " REPORT PD-50-99 PAGE 4 the Municipality and Ashdale Capital Corporation. The amount of the front-end payments shall be determined and approved by the Director of Public Works. All conditions of the above mentioned land severance applications apply to this rezoning as well. 8. STAFF COMMENTS 8.1 This rezoning and the three related land divisions are consistent with the Municipality's 12.0 metre frontage lotting and servicing plan for the vacant properties on Bradshaw Street. The three 12.0 metre lots will fit in with the neighbourhood since they will have the same frontage as most lots on Bradshaw Street. 8.2 There have been no objections or concerns expressed regarding this rezoning. There has been only one inquiry from the public due to this rezoning and it actually related to a matter separate from the rezoning and the land divisions. 8.3 The three related severances have already been approved by the Durham land Division Committee with conditions. 8.4 In light of the parking recommendations recently adopted by Council, the rezoning for the subject lands shall be exception zoning so as to specifically include two outdoor parking spaces on each of the three proposed 12.0 metre frontage detached lots. 8.5 A holding or "H" symbol will be placed on the rezoned lands. This symbol will be removed from each of the three proposed severed parcels when all conditions for land division approval have been fulfilled. The holding or "H" symbol will be removed from the 3.92 metre retained parcel only after the street allowance to the north (Winnstanley Street) has been closed and conveyed. The retained parcel will be melded with an appropriately-sized southern portion of the former street 604. ." t '. REPORT PD-50-99 PAGE 5 allowance to create another 12.0 metre frontage lot. 9. CONCLUSION 9.1 In consideration of the receipt of all agency comments, the approval of the severances by the Land Division Committee, the fact that no objections or concerns have been raised by surrounding residents, and the limited nature of this application, Staff consider it reasonable, even at the Public Meeting stage, to recommend that the rezoning application to rezone the subject lands from "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-22)" be APPROVED as contained in the attached zoning by-law amendment (see Attachment No.3). Respectfully submitted, Reviewed by, Or~~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer Da i J rome, M.C.I.P., R.P.P. Acting Director of Planning & Development BR*LDT*DjC*cc May 31,1999 Attachment No.1 Attachment NO.2 Attachment No.3 Site Location Key Map Plan of Survey Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Mr. Lawrence C. Wesson # 710 - 40 Sheppard Ave. W. North York, On M2N 6K9 605 . . - SUBJECT SITE LOT 10 LOT 9 -~ ~ -+-.-- ~ .-- 0... lL <( GLANVILLE CRES. ffiffi HERRIMAN STREET BEttm'ili 1'1 ,;, i T' .' 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'" '" I I t~ , , z" ; .~: &'-iJ", ''i E' '" 1 0 '" , ll!j L] ~ ~ ~ ~ , , " ! , I 50 i i~ , Ii! ~! ... t , ',' .' 1111 CORI'OI\!\IION 01 IIII Ml!NlllI'i\IIIY OJ 1I ARINt; ION BY-L,AW NU,MBER 99-_ ATTACHMENT /I 3 being a By-13\...., to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. V\/HEREAS 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 T O\vn of Newcastle to implement ZBA 99-016, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of C1arington enacts as follmvs: L Section 13-4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exception 13-422 as follows: "134-22 URBAN RESIDENTIAL EXCEPTION (R2-22) ZONE Notwithstanding Section 3,15, those lands zoned "R2-22" on the Schedules to this By- law shall provide two outdoor parking spaces per dwelling" 2, Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Holding - Urban Residential Exception ({H)R2-22)" Zone, as illustrated on the attached Schedule "A" hereto, 3, Schedule "A" attached hereto shall form part of this By-law, 4, 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 BY-LAVV read a second time this day of BY-LAW read a third time and finally passed this 1999, 1999 day of 1999 MAYOR CLERK oUd '. .' This is Schedule "A" to passed this day of By-law 99- . 1999 A.D. . LOT 9 N71'49'30"E 52.60m E ~ N '" oi ~ ~ '" Vi ~ l' " ~ 0 S ~ " " ~ 0 0 [j '" '" z z ~ ~ N71.49'40~E 52.97m ll:j ~ ~ ZONING CHANGE FROM ~ "A" TO "(H)RZ-ZZ' Mayor Clerk LOT 9 '" Z o Ul Ul W U Z o U I BOWMANVILLE ~~ , cONCE:SSION STREff EAST' , , bu9