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HomeMy WebLinkAboutPD-9-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: BRADSHAW.GPA REPORT EP'OR Meeting: General Purpose and Administration Committee File # UL' Date: Monday, January 22, 1996 Res 3 1- . # Report #: PD -9 -96 File #:LD 060/93 (X -REF: PLN 20.4) By -law # DEVELOPMENT EXEMPTION PART OT 9, CONCESSION 2, FORMER TOWN BOWMANVILLE BRADSHAW STREET FILE: LID 060/93 (X-REF PLN 20.4) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -9 -96 be received; 2. THAT the request of Mr. Carman Ball and Mr. Ivan Ball on behalf of the Estate of Dorothy Pearce for an, extension beyond the twenty four (24) month time frame stipulated within Section 7 of the Municipality's Development Charge By -law 92- 105 for the property located at 11 Bradshaw Street be APPROVED; 3. THAT the 24 month exemption period, for one dwelling unit, commence immediately upon the completion of the reconstruction of Bradshaw Street; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. LOCATION 1.1 The subject property is located on the east side of Bradshaw Street, north of Mearns Avenue. The property is municipally known as 11 Bradshaw Street (See key map attached). 2 BACKGROUND 2.1 In February of 1993, an application for land severance was filed by the Estate of Dorothy Pearce. The application was to permit the creation of a lot at the north east corner of Mearns Ave and Bradshaw St to be used by Clarington Hydro for a hydro substation. The remaining lands would be subdivided for residential dwelling lots. 511 ....2 REPORT NO. PD -9 -96 PAGE 2 2.2 Staff provided comments to the Durham Land Division Committee advising the Municipality had no objection to the consent application, subject to conditions of approval. One of the conditions of approval required the demolition of the existing 2 storey brick dwelling as it straddled the proposed new lot line. The consent application was approved and all conditions of approval were fulfilled, including the demolition of the house, by August of 1993. 2.3 The subject property is zoned "Agricultural (A) ". One house could be constructed on the lands subject to provisions of municipal services. However, prior to subdivision into lots and construction of additional dwelling units, the lands will need to be rezoned for residential uses. 2.4 Bradshaw Street and Mann Street are two of the 'older" and well established roads within the former Town of Bowmanville. As development was proposed in the areas north of Concession Street, between Liberty Street and Mearns Avenue, these streets were incorporated in the road network of the neighbourhood. However, it became apparent that the current status and physical condition of each road would require substantial improvements to facilitate new development. 2.5 As a condition of draft approval for two of the plans of subdivision within this neighbourhood, Ashdale Capital Corporation Ltd. and 621182 Ontario Limited were jointly responsible for the reconstruction of Bradshaw Street. Ashdale Capital Corporation Ltd. unfortunately defaulted on their responsibilities resulting in delays to the reconstruction of Bradshaw Street. More recently, the Municipality negotiated a schedule with the Royal Bank of Canada and 621182 Ontario Limited whereby the entire road would be reconstructed at one time. This would minimize any disruption to the existing residents. An agreement to undertake the reconstruction is expected to be completed shortly allowing for a June 1996 start date. 512 ....3 REPORT NO. PD -9 -96 PAGE 3 3. DEVELOPMENT CHARGE BY -LAW 92 -105 3.1 Section 2 of the Development Charges By -law requires development charges be imposed against all land in the Municipality including all vacant existing lots of record. This principle is based on the fact that residential development would increase the need for services. Therefore, prior to the issuance of a building permit a development charge is required for any residential development. 3.2 Section 7 of the Development Charge By -law recognizes that where a residential building or structure existed on a lot within the 24 month time period prior to the issuance of a building permit, a credit for the pre- existing unit(s) should be given. The subject dwelling was demolished in August of 1993, therefore the 24 month period expired in August of 1995. 4 COMMENTS 4.1 Currently, the subject lands are not serviced with municipal water, sanitary sewer or storm sewer. As a result the Municipality is not in a position to issue a building permit for the vacant property. Services will be made available to the property as part of the reconstruction of Bradshaw Street. However, prior to any development of this parcel a rezoning application will be required. Once services are available a rezoning to permit residential development, similar to that approved abutting the subject property, could be processed promptly. 4.2 Staff believe that an exemption from the requirements of the Development Charge By -law is warranted in this unique situation. The applicant did not demolish the existing residential building in order to reconstruct a newer home but rather to satisfy the conditions of approval of a land division application which in turn permitted Clarington Hydro to construct a hydro substation to service the immediate area. Services have not been constructed on Bradshaw Street as a result of external delays. Through no fault of the property owner, an abutting developer defaulted on completing the requirements of their subdivision ....4 513 ■ REPORT NO. PD -9 -96 PAGE 4 agreement. As a result, a building permit could not have been issued to the Estate of Dorothy Pearce within the twenty -four (24) month time frame following the demolition of the dwelling. 7 CONCLUSION 7.1 In consideration of the extenuating circumstances, it is recommended that an exemption from the provisions of Section 7 of the Development Charge By -law be granted. The exemption would be limited to allow credit for the previously existing unit and would apply only for the 24 month period immediately following completion of the reconstruction of Bradshaw Street. Respectfully submitted, CP *DJC *cc Attach. January 15, 1996 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Carman Ball P.O. Box 27 R.R. # 2 ORONO, Ontario LOB 1 MO Ivan Ball R.R. # 4 BOWMANVILLE, Ontario L1 C 3K5 W 515