HomeMy WebLinkAboutPSD-143-07
Cl!Jl-!lJgton
REPORT
. PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
~/,.-<J7'on 4{JYlI-b7/-07
Monday, December 3,2007
Date:
Report #: PSD-143-07
File #: ZBA 2007-0022
By-law #:.1007-;2;;) ~
Subject:
PROPOSED ZONING BY-LAW AMENDMENT TO FACILITATE THE
SEVERANCE OF A HAMLET RESIDENTIAL LOT
APPLICANT: WILLIAM AND JEAN KIMBALL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-143-07 be received;
2. THAT the rezoning application submitted by William and Jean Kimball be APPROVED
and that the attached Zoning By-law Amendment be ADOPTED by Council;
3. THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department and the Municipal Property Assessment Corporation; and
4. THAT all interested parties listed in this Report and any delegations be advised of
Council's decision.
"bm""" by, ~
Dav J. Creme, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed b(-)~~ ~
Franklin Wu
Chief Administrative Officer
BR/CPIDJC/df/lw
27 November 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-143-07
PAGE 2
1.0
1.1
1.2
1.3
APPLICATION DETAILS
Applicant:
Owner:
Rezoning:
1.4 Area:
1.5 Location:
William and Jean Kimball
Same as applicant
To change the zoning of a portion of a lot from "Agricultural Exception (A-
1)" to "Residential Hamlet (RH)" to facilitate the severance of a hamlet
residential lot
Severed parcel- 0.40 hectares; Retained parcel- 1.82 hectares
4548 Durham Highway 2, Newtonville, being Lot 8, Concession 2, former
Township of Clarke (see Attachment 1)
2.0 BACKGROUND
2.1 On May 4, 2007, William and Jean Kimball submitted a rezoning application for the rear
portion of the lot they proposed to sever. They had submitted a land division application
on December 5, 2006. The proposed lot fronts on the north side of Highway 2.
Approximately half the lot is zoned "RH" and half is zoned "A-1 ". Clarington's comments
to Land Division Committee included a condition that the applicants "make application
and receive approval for rezoning the portion of the severed parcel that is zoned
"Agricultural Exception (A-1) Zone."
2.2 A Public Meeting was held September 4, 2007. No one expressed objections to or in
support for the application.
2.3 A hydrogeological/site servicing study was submitted on November 16, 2007, in support
of the application.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property is used for crops despite being in the Hamlet of Newtonville with the
exception of the southwest corner where the existing house, its driveway, an accessory
building (shed) and the surrounding lawns are situated. The rectangular property is
2.228 hectares with a frontage of 76.3 metres and an average depth of approximately
201 metres. The proposed severed lot is located at the east end of the property, is
0.422 hectares in area, with a frontage of 30.48 metres and a depth of 138.29 metres.
See the aerial photograph on next page and Attachment 1.
3.2 The surrounding uses are as follows:
North - Agricultural
South - Durham Highway 2 and beyond, Hamlet Residential
East - Hamlet Residential and Agricultural
West - Hamlet Residential and Agricultural
REPORT NO.: PSD-143-07
PAGE 3
ZBA 2007-0022
~ Proposed lands To Be Severed cs::s:::3 Lands To Be Retained
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The proposed severance represents infill within a rural settlement area. Settlement
areas are to be the focus of growth and their vitality and regeneration are to be
encouraged. This application is consistent with the Provincial Policy Statement.
4.2 Greenbelt Plan
Development, within Hamlets identified in local Official Plans, is not subject to the
policies of the Greenbelt Plan. Clarington Official Plan policies govern the development
of new lots within the existing hamlet boundary.
5.0 OFFICIAL PLANS
5.1 Durham Reqional Official Plan
The Durham Regional Official Plan recognizes Newtonville as a hamlet. Hamlets are
the predominant location for residential development outside urban areas. Severance
for limited infilling on the existing municipal water system conforms to the Plan.
REPORT NO.: PSD-143-07
PAGE 4
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the proposed severed and retained lots as
"Hamlet Residential". Hamlets are to be the predominant and preferred locations for
rural population growth as opposed to scattered non-farm rural residential properties.
The Clarington Official Plan requires a technical servicing report be submitted in support
of the creation of all rural lots. The report shall demonstrate there is no adverse impact
on adjacent wells and septic systems and meets provincial guidelines for assessing
water supply and risk of water quality impact. New residential lots in rural settlements
are to have a minimum area of 4,000 square metres. However, the Official Plan policies
allow the minimum lot size in Newtonville to be reduced for lots with municipal water,
provided a technical servicing report demonstrates to the satisfaction of the approval
authorities that the soil and groundwater conditions can support reduced lot size without
contaminating soil or groundwater. The above technical report in support of this
application has been received and is considered to be satisfactory.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the southern half of the proposed lot "Residential Hamlet
(RH)", whereas the northern half of the lot is "Agricultural Exception (A-1)". Although
the proposed severed lot has 30 metres of frontage all within the "RH" Zone and in this
sense complies, said lot does not have the minimum 4,000 square metres of area within
the "RH" Zone but rather, approximately 2,000 square metres. In this way the proposed
lot does not comply. Hence, this application to rezone the remainder of the lot "RH" to
provide 4,000 square metres of property within the "RH" Zone.
7.0 PUBLIC SUBMISSIONS
7.1 The public meeting for this application was September 4, 2007. No one spoke at the
public meeting and staff have not received any enquiries with respect to the proposed
rezoning.
8.0 AGENCY COMMENTS
8.1 Comments have been received from all of the circulated departments and agencies.
8.2 Clarington Engineering Services advised that as a condition of the related land division
application, that prior to issuance of a building permit the Department requires, for
review and approval, a grading plan for the severed lot.
8.3 The Ganaraska Region Conservation Authority offered no objections to the proposed
application.
8.4 The Regional Health Department staff have verbally advised that they have no objection
to the application.
REPORT NO.: PSD-143-07
PAGE 5
8.5 The Regional Planning Department noted the Regional Official Plan designates the
subject property "Hamlet" and the proposal is permitted by the policies of said Plan.
Municipal water supply is available to the subject property from an existing watermain
on Durham Highway 2 and service to the property has been installed. A private waste
disposal system is proposed to service the property and the Regional Health
Department has no objection. Durham Highway 2 is a Type "A" Arterial Road and a
right-of-way minimum of 13.0 metres from the centre line of the original right-of-way to
the property line will be required. The application was screened according to provincial
plan review responsibilities. As the subject property is adjacent to Durham Highway 2,
a noise study is required to identify any potential impacts from vehicular noise and
identify appropriate noise mitigation measures. The noise study requirement remains a
condition of approval on the related land division application. There are no other
matters of provincial interest applicable to this application.
9.0 STAFF COMMENTS
9.1 The Clarington Official Plan designates the subject property as hamlet residential, the
predominant use of which is single detached dwellings. The proposed use, being a
single detached dwelling, therefore conforms. This individual land severance due to its
location and the surrounding property configurations does not jeopardize the future
development of the hamlet's northeast quadrant. The proposal will utilize existing
municipal water supply and roads, although a widening is required.
9.2 The technical servicing report indicates that the proposed lot size of a little over 4,000
square metres is adequate but no recommendation is made to reduce lot size.
Therefore, the lot size will not be reduced.
9.3 The zoning allows the rear or north half of the lot to be rezoned to Residential Hamlet
consistent with the front (south) half of the lot. The 4,000 square metre minimum lot
area is required to all be in one zone to allow the consent to be approved.
9.4 Clarington Finance advises that for the subject lands all taxes have been paid.
10.0 CONCLUSION
10.1 The proposal has been reviewed in consideration of the comments received from the
circulated agencies, in consideration of Provincial Policy, the Clarington Official Plan
and Zoning By-law 84-63. Based on the comments provided in this report, staff
respectfully recommends the Zoning By-law Amendment as contained in Attachment 2,
be approved.
REPORT NO.: PSD-143-07
PAGE 6
Attachments:
Attachment 1 - Property Map and Site Location Key Map
Attachment 2 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
William & Charlotte Kimball
Valentine Lovekin
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS 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 Municipality of
Clarington for ZBA 2007-0022;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows;
1. Schedule "17" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural Exception (A-1) Zone" to
"Residential Hamlet (RH) Zone";
2. Schedule "A" attached hereto shall form part of this By-law.
3. 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
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
James Abernethy, Mayor
Palli L. Barrie, Municipal Clerk
Attachment 2
ToHeEo~ ~l)[)-!'!3-.9~
This is Schedule "A" to By-law 2007-
passed this day of , 2007 A.D.
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Zoning Change From "A-1" To "RH"
Zoning To Remain "RH"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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Newtonville