HomeMy WebLinkAboutPD-142-93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: LITTLE.GPA
Meeting: General Purpose and Administration Committee File #
Date: Monday, October 18, 1993 Res.
PD-142-93 DEV 89-132 #
Report #: File#:
Subject: REZONING APPLICATION - LESTER LITTLE
PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 89-132
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-142-93 be received;
2. THAT the application to amend the municipality's Comprehensive
Zoning By-law 84-63, as amended, submitted by Lester Little,
be APPROVED; and
3. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Owner: Lester Little
1.2 Rezoning: Seeking approval of a zoning amendment request from
Agricultural (A) to an appropriate zone or zones in
order to permit the creation of two (2) single
family dwelling lots and two (2) semi-detached/link
lots, in addition to the existing single family
dwelling.
1. 3 Area: . 47 hectare ( 1. 16 acres)
2 . BACKGROUND
2.1 In November of 1989, the Planning and Development Department
received an application to amend comprehensive Zoning By-law
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f1~~YpCELAED
PAPIER
RECYCLE
T1-HS IS PRilffED ON RECYCLED PAPER
REPORT NO. PD-142-93
PAGE 2
84-63 of the former Town of Newcastle, in order to permit the
creation of three (3) semi-detached/link lots. This
application was subsequently amended to propose the creation
of two (2) additional single family dwellings and two (2)
semi-detached/link dwellings.
2.2 The subject site is a rectangular shaped parcel approximately
.47 hectares (1.16 acres) in size and is located on the east
side of Trulls Road approximately 132 metres (433 feet) north
of Nash Road, but is more formally described as Part Lot 30,
Concession 3 in the former Township of Darlington.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject
lands. In addition the appropriate notice was mailed to each
landowner within the prescribed distance.
3.2 A Public Meeting with respect to the proposal was held on
February 19, 1990 at which time one (1) area resident
addressed Committee with respect to the provision of privacy
fencing. Due to the length of time which had passed since the
original Public Meeting, Staff considered it prudent to hold
a second Public Meeting in order to ensure that the
requirements of the Planning Act have been met. The second
Public Meeting was held on July 19, 1993 and was not attended
by any area residents.
4. OFFICIAL PLAN CONFORMITY
4.1 within the 1976 Durham Regional Official Plan, the subject
property would appear to be designated Residential while the
1991 Durham Regional Official Plan designates the subject
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REPORT NO. PD-142-93
PAGE 3
property as a Living Area. As residential uses are intended
to be the predominant use of land so designated, it would
appear that the application conforms with both the 1976 and
the 1991 Durham Regional Official Plans.
4.2 within the Official Plan of the former Town of Newcastle, the
sUbject property is located within the 3B Neighbourhood. The
Court ice North Neighbourhood 3B - Land Use structure Plan has
identified specific areas of the 3B Neighbourhood to develop
at specific densities. The subject property is identified in
part as a Low Density Residential Area with a maximum
permissable density of 15 units per net residential hectare.
The applicant is proposing to develop the .47 hectare parcel
of land at a density of 14.89 units per net residential
hectare which complies with the maximum permissable density
allowed by the Neighbourhood Plan.
4.3 The subject property is also designated in part special
Residential Policy Area. section 2.1.7 of the Courtice North
Neighbourhood Plan states that lands so identified are
characterized by sand or till soils and shallow water tables.
Furthermore, development within these areas may proceed only
when the municipality is satisfied, through hydrogeological
studies, or other studies, that the type, pattern and density
of development proposed is sensitive to the environmental
features of the area. However, only a small portion of the
subject property appears to be contained within the Special
Residential Policy Area. Therefore, the Conservation
Authority previously advised that the detailed hydrogeological
study would not be required.
4.4 In view of the foregoing, it would appear that the application
conforms with the Official Plan of the former Town of
Newcastle.
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REPORT NO. PD-142-93
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5. ZONING BY-LAW COMPLIANCE
5.1 within Comprehensive Zoning By-law 84-63, as amended, the
subject property is zoned "Agricultural (A)" which requires a
minimum of 100 metres of frontage and 40 hectares of lot area
for newly created lots. Therefore, the applicant has applied
to amend the zoning by-law in order to facilitate the creation
of two (2) additional single family dwellings and two (2)
semi-detached/link dwellings.
6. AGENCY COMMENTS
6.1 In accordance with departmental procedures, the application
was circulated to obtain comments from other departments and
agencies. The following provides a brief synopsis of the
comments received to date.
6.2 The Municipality's Public Works Department has reviewed the
application and advises that they have no objection to the
proposal. However, the Public Works Department notes that the
two (2) semi-detached/link lots fronting onto the proposed
east-west roadway can not proceed until such time as the
proposed roadway and works necessary to service these lots are
constructed to the satisfaction of the Director of Public
Works.
6.3 The Community services Department has reviewed the proposal
and advises that they have no obj ection, subj ect to the
applicant providing 5% cash-in-lieu of parkland dedication
with the funds realized being credited to the Parks Reserve
Account. However, Staff advise for the Committee's and the
applicant's information that this condition will be imposed
through the consent process.
6. 4 The balance of the circulated agencies which provided comments
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REPORT NO. PD-142-93
PAGE 5
were the Municipality's Fire Department, Regional Planning
Department, Central Lake ontario Conservation Authority and
the Ministry of Natural Resources. None of these agencies
provided objectionable comments with respect to the proposal.
7. STAFF COMMENTS
7.1 Following a meeting with the Planning and Development
Department in May of 1993, the applicant agreed to revise the
proposal in order to limit the number of accesses onto Trulls
Road. Direct access onto Trulls Road, a Type "B" Arterial, is
not desirable from a planning perspective and the applicant
agreed that the subject lands could be developed in a manner
which would have less of an impact onto Trulls Road.
7.2 In addition, the subject lands abut the Draft Approved Plan of
Subdivision 18T-91005 and will eventually provide part of the
land required to provide a second access into 18T-91005 ( See
Attachment # 1). This second access will allow for a more
efficient flow of traffic into and out of the Draft Approved
Plan of Subdivision 18T-91005.
7.3 Moreover, the approval of the proposal would help to maintain
the goals of the Official Plan in that the application
encourages the rehabilitation of the existing housing stock
and provides for a range of housing types, styles, sizes,
prices and tenure arrangements.
7.4 Finally, Staff advise for the applicants information that
conditions such as lot grading plans, parkland dedication and
road widenings will be imposed through the consent process and
that lot levies will be collected through the building permit
approval process.
. . . 6
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REPORT NO. PD-142-93
PAGE 6
8. CONCLUSION
8.1 In consideration of the comments contained within this report,
staff would have no objection to the approval of the attached
zoning by-law amendment, as applied for. The amending zoning
by-law would provide for the appropriate zone category in
order to facilitate the creation of two (2) additional single
family dwelling lots and two (2) semi-detached/link lots.
Respectfully submitted,
dr~~~
Franklin Wu, M.C.I.P.
Director of Planning
and Development
WM*FW*cc
Attachment # 1 -
Attachment # 2 -
8 October 1993
Survey
Key Map
Interested parties
decision:
to be notified of Council and Committee's
Lester Little
3075 Trulls Road
Group B, Box 10
COURTICE, Onto LlE 2L1
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Dev. 89-132
537
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-_
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for 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 former Town of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Agricultural (A)" to "Holding-Urban Residential Type One ((H)R1)'
"Agricultural (A)" to "Urban Residential Type One (R1)'
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
1993.
BY-LAW read a second time this
day of
1993.
BY -LAW read a third time and finally passed this
day of
1993.
MAYOR
CLERK
538
W This is Schedule "A"
passed this ~ day
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By-law 93-_,
, 1993 A.D.
LOT 30, CONC. 3
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