HomeMy WebLinkAboutPD-94-99 Dx: PD-94-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File
Date: Monday,August 30, 1999 Res.
Report#: PD-94-99 FILE#: ZBA 99-018 By-law#4
Subject: REZONING APPLICATION—PHIP LIMITED
PART LOT 35, CONCESSION 3,FORMER TOWNSHIP OF
DARLINGTON
NORTH-EAST CORNER OF TOWNLINE ROAD AND wABBOKiSH
COURT
FILE: ZBA 99-018
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-94-99 be received;
2. THAT the revisions to the Zoning By-law Amendment from that which was contained in
the Public Notice be deemed minor in nature and that a new Public Meeting to consider
the Zoning By-law Amendment be deemed not necessary; and
3. THAT application to amend the Comprehensive Zoning By-law 84-63 of the former
Town of Newcastle, as amended, submitted by PHIP Limited to permit the development
of five (5) new, 12.0 metre minimum frontage single detached dwelling lots and the
retention of two existing dwellings fronting on Towniine Road, be APPROVED, as
amended to reduce the number of lots permitted to only four (4) new, 12.0 metre
minimum frontage single detached dwelling lots and the retention of two existing
dwellings fronting on Townline Road;
4.. THAT the amending by-law attached hereto be forwarded to Council for approval;
5. THAT the "(IT) —Holding" symbol be removed by By-law at such time the applicant has
satisfied the requirements of the required consent applications; '
6. THAT the Durham Region Planning Department, and all interested parties listed in this
report and any delegation be advised of Council's decision.
1. - APPLICATION DETAILS
1.1 Owners: Jeffery Homes,Mr. &Mrs. Brazier and Mr. Rocchio
614
REPORT NO.: PD-94-99 PAGE 2
1.2 Agent: PHIP Limited
1.3 Rezoning: From: "Agricultural(A)" and"Urban Residential Type Two (R2)"to
permit the development of five new, 12.Om minimum frontage single
detached dwellings fronting on Wabbokish Court, as well as the retention
Of two existing lots fronting on Townline Road.
1.4 Area: 4,67Om2
2. LOCATION
2.1 The subject lands are located in part Lot 35, Concession 2, former Township of
Darlington. The lands are on the north-east comer of Townline Road and Wabboish
Court and include the rear portion of the properties at 309 and 315 Townline Road , as
well as Block 38 from registered Plan of Subdivision 4OM-7142 (see Attachment No. 1).
3. BACKGROUND
3.1 The application for amendment to the Zoning By-law was received on May 25, 1999.
The proponent proposes to rezone the above referenced lands to permit the development
of five (5) new, 12.0 metre minimum frontage lots fronting on the north side of
Wabbokish Court, while retaining the two existing residences at 309 and 315 Townline
Road, on reduced lot areas.
3.2 Through the development of Wabbokish Court, the developer was required to construct
additional service connections, in the road allowance, allowing for possible future
development on both sides of Wabbokish court. On the north side of Wabbokish Court,
on the lands subject to the rezoning application, only four connections were constructed
for development of lots in the future.
615
5 -
REPORT NO.: PD-94-99 PAGE 3
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: rear yards of existing residential lots
4.2 Surrounding Uses: East - existing residential development fronting on Wabboksh
Court and Lawson Road;
West - Townline Road and existing residential development in
Oshawa
South - existing residential development fronting on Wabbokish
Court and Townline Road;
North - existing residential development fronting on Townline
Road
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan, the subject property is designated "Living
Area". The predominant use of land within this designation shall be for housing
purposes. The Transportation schedule of the Durham Plan, identifies Townline Road as
a Type'T"arterial road. Private access to a Type`B"arterial shall generally be located a
minimum of 80 metres apart. No new access to Townline Road is proposed through the
approval of these applications.
5.2 Within the Clarington Official Plan the subject lands are designated Urban Residential.
The property is located within the Worden Neighbourhood of the Courtice Urban Area.
The predominant use of land within the Urban Residential designation shall be for
housing purposes. Similar to the Regional Plan, the Clarington Official Plan restricts
private access to Type`B"arterial roads.
6. ZONING BY-LAW PROVISIONS
6.1 The subject property is currently zoned "Agricultural (A)". Said zone would not permit
the development of lots based on 12.0 metre frontages hence the need for the rezoning.
The proposed 12.0 metre minimum frontage lots would be similar to those previously
approved through the Wabbokish Court and Sheco Court subdivision.
616
REPORT NO.: PD-94-99 PAGE 4
7. PUBLIC MEETING
The Public Meeting for the application was held on July,5, 1999. No one spoke at the
Public Meeting. Following the meeting staff received inquiries from a neighbouring
landowner seeking further clarification on the proposed rezoning. No objection to the
proposal was expressed.
8. AGENCY COMMENTS
8.1 In accordance with Departmental Procedures, the application was circulated to a limited
number of agencies and departments to obtain their comments. The following agencies
have advised they have no objection to the proposed rezoning application:
• The Peterborough Victoria Northumberland and Clarington Catholic District School
Board;
• The Kawartha Pine Ridge District School Board;
• The City of Oshawa;
• Ontario Power Generation Inc.; and
• The Clarington Fire Department
8.2 The Region of Durham Planning Department advised that the subject lands are within the
"Living Area" designation of the Durham Region Official Plan. The policies encourage
the widest possible variety of housing types, sizes and tenure to provide living
accommodations that address socio-economic factors. The policies support the proposed
residential use. Potential road noise impacts may be present on the proposed lots because
of their proximity to Regional Road 55, Townline Road.
8.3 The Region of Durham Works Department advised that sanitary sewer and municipal
water supply facilities are available on the subject lands. Regional requirements will be
satisfied through the future consent process.
8.4 The Regional Health Department advised that the two existing houses on Townline Road
must be serviced by municipal water and sanitary sewers prior to creation of the lots
fronting on Wabboldsh Court are developed.
617
REPORT NO.: PD-94-99 PAGE 5
8.5 The Central Lake Ontario Conservation Authority provided comments stating that the
subject lands were addressed to the satisfaction of the Authority in the Stormwater
Drainage and Erosion Control Report prepared in conjunction with 18T-89115,'
Wabbokish Court. The developer is required to obtain written,permission from the
Authority prior to filling or grading on site.
8.6 The Public Works Department has reviewed the proposal and objects to the rezoning to
the creation of five lots fronting on Wabbokish Court. There are only four service
connections in the Wabbokish Court road allowance. The Public Works Department
requests that the application be revised to reflect the existing four connections.
9. STAFF COMMENTS
9.1 Wabbokish Court was constructed in late 1993. Prior to approval of thesplan of
subdivision for the cul-de-sac, a concept plan illustrating how adjacent lands could be
developed was considered Development of the rear yard portion of 309 and 315
Townline Road for residential lots fronting on Wabbokish Court was part of the
development concept. However, only four additional lots were considered on the north
side of the road. As a result, only four service connections were constructed to service
the subject lands.
9.2 The Public Works Department objects to a rezoning that would allow more than four lots
to be created fronting on Wabbokish Court at this time. Public Works staff do not object
in principle to the creation of the fifth, and most westerly lot, however, as the road has
been constructed fairly recently, they object to cutting the asphalt surface and digging up
the road bed to install a fifth connection. This would diminish the lifespan of the road
and increase maintenance costs. This is consistent with past practice andpolicy of Public
Works Department.
618
REPORT NO.: PD-9499 PAGE 6
9.3 The application would allow the infill of four lots which is consistent with the policies of
the Provincial Policy Statement, the Durham Region Official Plan and the Clarington
Official Plan. The rezoning for the proposed four lots consistent with the lot area and
frontage lots in the balance of the subdivision. Should the rezoning application be
successful, land severance approval is required from the Durham Land Division
Committee prior to the creation of the proposed lots. The Municipality will impose
conditions of approval, financial and otherwise, through the future consent process. A
Noise Impact Study may be required at the time of the consent to address noise from
Regional Road 55.
9.4 The proposed Zoning By-law Amendment includes requirements for the provision of two
outdoor parking spaces, as well as a minimum size for the parking space within the
garage. As a condition of the future consent applications, the applicant will be required
to register a clause against title advising new property owners of the Municipal Parking
Regulations.
9.5 The Public Notice for the rezoning, suggested the property was being rezoned from
"Agricultural (A)" only, to permit the creation of five new residential lots fronting on
Wabbokish Court and retaining two lots fronting on Townline Road. A small triangular
portion of the subject land measuring 7.22m (23.68 ft) by 30.58m (100.3 ft), currently
zoned Urban Residential Type Two (R2), was identified as part of the subject lands on
the key map,but not included in the description of zoning to be changed. At the time the
Public Notice was prepared, it was assumed the subject lands would be rezoned to "R2",
to match the zoning of the surrounding subdivision and the triangular portion. However,
in order to address the recent parking issues, staff has since created an "R2" exception
zone to include requirements for two outdoor parking spaces, the size of the parking
spaces, and the size of the parking space in the garage. Therefore, should the rezoning be
approved as per the proposed By-law in Attachment No. 3, staff would consider the
revision minor and not impacting the intent of the application and Public Notice as
originally circulated.
619
1
REPORT NO.: PD-94-99 PAGE 7'
10. CONCLUSION
10.1 Staff recommend the approval of a rezoning by-law to allow the creation of four(4) new
lots fronting on Wabbokish Court and recognize the existing dwellings and associated
fronting on Townline Road.
RespectA41y submitted, Reviewed by,
Da rom ,M.C.I.P.,R.P.P. Franklin Wu, M.C.I.P., R.P.P.
Direct r of Planning&Development Chief Administrative Officer.
CP*DC*df
27 July 1999
Attachment No. 1 —Key Map
Attachment No. 2—Proposed Lotting Plan
Attachment No. 3—Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
PHIP Limited
319 College Avenue
OSHAWA, Ontario
L1H 7K8
620
ATTACHMENT No. 1
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COURTICE
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THE CORPORATION OF THE MUNICiPALTY OF CLARINGTON
BY-LAW NUMBER 99-
being a By-law to amend By-law 84-63, the comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the former Town of Newcastle to permit the
development of four new lots fronting on Wabbokish Court and recognize the two existing lots '.
fronting on Townhue Road;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE ONE (RI)
ZONE" is hereby amended by adding thereto the following new Special Exception
12.4.46 as follows:
"12.4.46 URBAN RESIDENTIAL EXCEPTION(R1-46)ZONE
Notwithstanding Section 12.1 and 12.2,those lands zoned R1-46 on the Schedules to this
By-law shall only be used for a single detached dwelling in accordance with the
following zone regulations:
a) Lot Area(minimum) 800 square metres
b) Lot Frontage(minimum) 16 metres
2. Schedule "4"to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Urban Residential Type Two(R2)"to"Urban Residential Exception—Holding ((H)R2-
24)"
"Agricultural(A)"to"Urban Residential Exception—Holding((H)R2-24)'; and
"Agricultural(A)"to"Urban Residential Exception(R1-46)"
as shown 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 1999.
BY-LAW read a second time this day of - 1999.
BY-LAW read a third time and finally passed day of 1999.
MAYOR
CLERK
bz3
This is Schedule"A" to By-law 99-
This is Schedule"A" to By-law 99-
passed this day of 1999 A.D.
LOT 3-5 , CONCESSION 3
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WABBOKISH COURT
ZONING CHANGE FROM "A" TO "(H)R1 -46"
ZONING CHANGE FROM "A" TO "(H)R2-24"
ZONING CHANGE FROM "R2" TO " (H)R2-24
Mayor Clerk
SUBJECT SITE LOT 35 LOT 34
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