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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 ....2 530 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 ....3 531 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. ....4 532 REPORT NO. PD-142-93 PAGE 4 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 ....5 533 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. . . . 6 534 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 535 o <( o 0::: en -1 -1 ::> 0::: 1- C> Z Z \.tJ o == ...:.:.:.:.:..............:. . ::lllllllllllllllllllllllljl LOT 30 CONCESSION 3 I PROPOSED ROAD LANDS SUBJ ECT TO PROPOSED ZONING BY-LAW AMENDMENT 5)', , ATTACHMENT #1' ~ <.0 o o (}) I I- <X> z o .en - > - o (D ::> en lL o z <( -1 n.. o w > o ~ Il.. Il.. <( l- LL <( ~ o ATTACHMENT #2 ~ SUBJECT SITE LOT 31 _-Nt 2 - A f'l) z o - (f) (f) w u z .0 u Rl Rl C\J Z o - (f) (f) w u z o u .. 10 U (H)R 1 Cl KEY MAP o 50 toO 200 ... 01- SOnI 300m J ~ 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 to of By-law 93-_, , 1993 A.D. LOT 30, CONC. 3 o ~ L.- PROPOSED ROAD N70023'20''E >--+-< 36'00 H o (\J z 8 6 If) NASH ROAD fIDjiflzONING CHANGE FROM'A I TO'RI1 It:::::tM'ZONING CHANGE FROM'A' TO'(H)Rl' LOT 33 LOT 32 LOT 31 I I Aj-- LOT 30 LOT 29 A-a I I MAYOR CLERK . i tf) z o (f) (f) w U RI Z o u COURTICE It ~!tii; o 50 100 200 300m ~...- - I 50m ----...~"'._.,.,'"",..,_.",..,.,,',..~-.-~--