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HomeMy WebLinkAboutPD-13-98THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: HALE.GPA REPORT Meeting: General Purpose and Administration Committee File # ~I~~~ ~ 7~ ~'~ Date: Monday, February 2, 1998 Res. #GP~= Via" 98' Report #: PD-13-98 File #: DEV 97-056 By-law #~ Subject: REZONING APPLICATION APPLICANT: SAM CUREATZ ON BEHALF OF WALTER JOHN HALE PART LOT 10, CONCESSION 2, FORMER TOWNSHIP OF CLARKE NORTHEAST OF HILL STREET/REID ROAD INTERSECTION, NEWTONVILLE FILE NO.: DEV 97-056 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-13-98 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Walter John Hale be APPROVED; 3. THAT the amending by-law attached hereto be forwarded to Council for approval; 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 delegation be advised of Council's decision. 1. 1.1 1.2 1.3 APPLICATION DETAILS Owner: Mr. Walter John Hale Applicant/Agent: Rezoning: 1.4 Site Area: 1.5 Location: Mr. Sam L. Cureatz, Barrister & Solicitor from "Agricultural Exception (A-1)" to an appropriate zone that would permit a total of five (5) lots for single detached dwelling units. 2.05 hectares (5.07 acres) by informal description -northeast of the intersection of Hill Street and Reid Road, in northwest Newtonville; and by legal description -Part Lot 10, Concession 2, former Township of Clarke. - 639 REPORT NO. PD-13-98 PAGE 2 2. BACKGROUND 2.1 On July 17, 1997, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the development of five (5) single detached lots. 2.2 A public meeting was held on September 22, 1997. One person spoke on behalf of Mr. Sam Cureatz and Mr. Walter Hale. He noted that he had a copy of a letter from the Regional Planning Department to the Clarington Planning & Development Department which stated no provincial policies were affected by the application. Prior to the Public Meeting, Planning staff had received two telephone inquiries, both of a general nature questioning the development's timing, lot size, unit type, unit orientation and servicing. 2.3 Currently, four (4) applications have been made to the Land Division Committee (LD 12/98 to LD 15/98) to create five (5) residential lots. On January 12, 1998 the Land Division Committee heard the applications and approved them subject to the applicant satisfying the conditions of approval. The approval of an appropriate rezoning application was one of the Municipality's conditions. 3. EXISTING AND SURROUNDING USES 3.1 The site is currently vacant. 3.2 The surrounding land uses are as follows: North - agricultural; South - vacant and hamlet residential; East - hamlet residential and agricultural/vacant; and West - agricultural 640 REPORT NO. PD-13-98 PAGE 3 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is located within the Hamlet of Newtonville. The application conforms. 4.2 Within the Clarington Official Plan, the subject property is designated Hamlet Residential. The application conforms to the land use designation. 5. ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, the subject property is zoned "Agricultural Exception (A-1)". The rezoning application is needed to permit the development of the five (5) lots for single detached dwelling units. 6. AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. The Fire Department, the Regional Health Department, Ontario Hydro and the Separate School Board offered no objections to the application. All other comments are set out below and reflect the current position of each agency/department. 6.2 The Clarington Public Works Department -Engineering Division stated the applicant/owner must provide this department with a Lot Grading Plan satisfactory to the Director of Public Works and a Grading and Drainage Deposit in the amount of $5,000.00 (5 new dwelling units x $ 1,000.00 per unit). This deposit will be refunded when all grading/drainage work is completed to the satisfaction of the Director of Public Works. It was also noted the applicant will be required to make application for property access in conjunction with this proposal and that the applicant is responsible for any costs necessary to facilitate the construction 641 REPORT NO. PD-13-98 PAGE 4 of entrances from the subject property to Hill Street. The cost of providing connecting accesses may include utility relocation, culverts, entrance paving, ditching, restoration etc. The Clarington Public Works Department -Parks Division stated the applicant will be required to provide a 5% cash contribution in lieu of the normal parkland dedication. Staff would note that should the rezoning application be approved, the above noted conditions would be imposed through the land severance application process. 6.3 The Ganaraska Region Conservation Authority noted that as these lots are large rural residential lots, only a generalized site grading and drainage plan is requested. Stormwater quantity and quality are not a concern with the scope of this development. 6.4 The Regional Planning and Development Department, noted the subject property is designated "Hamlet" within the Durham Regional Official Plan, which permits the proposed use. It was also stated that within the above Plan, Policy 20.7.2 states "three additional lots may be considered as the maximum number of lot divisions by severance". New residential lots in any Rural Settlement Area shall meet the requirements of the Regional Health Services Department. Municipal water supply is available to the subject lands from an existing 200 mm water main on Hill Street. The proposed development will be required to connect to the existing water main. Municipal sanitary sewers are not available in this area of Clarington and so, the only feasible method of waste disposal would appear to be through private means. The Region does not object to the continued processing of this application. 642 REPORT NO. PD-13-98 PAGE 5 6.5 The Public School Board noted that this development will yield two (2) students which would attend Newtonville Public School. Although the Board indicated no objections to the proposal, it was requested that a sidewalk be constructed on Hill Street. The matter of the requested sidewalk on Hill Street was brought to the attention of the Clarington Public Works Department, Engineering Division. Public Works staff noted that there are no sidewalks on Hill Street adjacent to the subject lands. Portions of Hill Street have a very steep grade (in excess of ten (10%) percent). Pedestrian sidewalk should not be constructed adjacent to a roadway which has a grade in excess of six (6%) percent. Construction of a pedestrian sidewalk on Hill Street is not appropriate or feasible due to the very steep grade of the existing road and the constraints of the surrounding topography. In light of the sidewalk requirement of the School Board, the Public Works Department indicated that the application was premature. In light of the above information and following further discussion with the School Board, staff was advised that the School Board request for the construction of a sidewalk would be withdrawn on the condition that the following clause was inserted in all offers of purchase and sale of the proposed lots: "All students who attend Newtonville Public School are within walking distance of the school according to School Board Policy and will be expected to walk to and from school." Through the use of the above noted clause the School Board is satisfied that all prospective purchasers will be aware that even in the absence of a sidewalk, there will be no school bus transportation. 7. STAFF COMMENTS 7.1 In consideration of agency comments, public submissions and staff comments contained within this report, staff would have no objections to the approval of the b43 REPORT NO. PD-13-98 PAGE 6 rezoning application as filed. Staff would note that should Committee and Council deem it appropriate to approve the application, the conditions as requested by staff and the Public School Board would be implemented through the Land Division Committee approval process. 8. CONCLUSION 8.1 Staff recommend that the rezoning application to rezone the subject lands from "Agricultural Exception (A-1 )" to "Residential Hamlet (RH)" be APPROVED as contained in the attached zoning by-law amendment. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development W. H. Stockwell Chief Administrative Officer BR*LDT*FW*cc Attachment #1 - Site Location Key Map Attachment #2 - Lotting Plan Attachment #3 - Zoning By-law Amendment January 22, 1998 Interested parties to be notified of Council and Committee's decision: Denise Hogg 29 Jones Avenue NEWTONVILLE, Ontario LOA 1 JO Sam L. Cureatz Barrister and Solicitor 104 James Street West NEWCASTLE, Ont. L1 B 1 C6 644 ATTACHMENT Y' ® SUBJECT SITE LOT 11 LOT 10 LOT 9 _ 18 ~ ~ N ~ D Z O O ~ ~ ~ ~ ~ _ p j J W U ~ ~~ ~ Z ~, C~ _- O I _1 ___ - ILL T `,`~ ------ _- ,, i '~~ ~ 1 ~Y i ' _ J~ - ~, ~ J '~ z - _,,__ ~ I~=~ CLARKE N KEY MAP D EV. 9 7- 0 5 6 645 ATTACHMENT N: Z O W a F- () z Z (~ ~ ~~ ~ T ~ Qq~ I YNK ON_ ~ _ t 0 4. Q N ~ UVJ Q~ V- ~W z ¢ ~ NM ~ N d.2 s 7 N b W N aUU o w; om.~U a'rn W ._ C.) O ''1' ~ o <V Q V, > J m m m J Z~ O' E U m Z ~ ©F- ~ ~ Y ~ a'm o u ~~ Z~~m Fm-W a O c ~ w _ U Q o - U o ~- ~ _7_ o > °~ ~~ 3 O ~ U ~ S~ ~ ~'~~ ~ a a = a. ° U ..N z IU- U` a Z ~? Z m J r ~C7 W ~ ~ Q o . v VJ fD ~ .G ~' Vl H SJ/3N10 ,f 8 03NM0 SONY7 N n - _- - ~- - _. .ZZ'BZC ' ti n ~ V ~ o ~~ M h C 0 r .ez eae a U n 4 ~ ~ m 0 ~ O ` ~ ' ~ W .cz ezs ~ ~ C Z. ~ W ~ 0 ~-- W W ~ ~ W > ~ e° M m 3 M "~' ~ ° V o osezF u R o , ~ Q ~ N V O T Q ~ ; ~ Q V ~ Q C ~ n h~ ~ Q ~ - C ~ rz ezc ~ e M 2 O V ~ V p < ~ P M ye ~ o ~ sz azs ' OYOd' 013!/ 64b ATTACHMENT M3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law [o 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 Clazington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement DEV 97-056. 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)" to "Residential Hamlet (RH)" as illustrated on the attached Schedule "A" hereto. 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 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK 647 This is Schedule "A" to By-law 98- , passed this day of 1998 A.D. LOT 10 CONCESSION 2 205.35 ~ -i 41.07 41.0 41.07 41.07 410 T Q a0 0 0 ~ o° o° O W ~ ~ 40.9 40.99 40.99 40.99 40.99 I-~- 204.95 ~ -I HILL STREET ® ZONING CHANGE FROM "A-1" TO " RH" 0 25 SOm 25m 10 0 Mayor Clerk LOT 11 LOT 10 LOT 9 L, _~ - `\~ ~;; '.,' ~ ~ N ~ ~ Z i ~ O t p J W ~ ~ O C7 U i 1, - - HILL,~T II V _ ~" ~' ~ ~~ i ~ ~ -L ff Z ~- 'W_YY ~ ~ I ' - - ~ N NEWTONVILLE _ I ~ ~ I i f ~ ` ' ~ v I b48