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Home My WebLink AboutPD-117-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Ib(XX DN: DEV94037.GPA Meeting: General Purpose and Administration Committee Fife # W , v 0" ` Date: Monday, October 3, 1994 Res. # By -Law # Report #: PD- 117-94 Fife #: DEV 94 -037 Subject: REZONING APPLICATION - ESTATE OF M. A. CARRUTHERS PART LOT 12, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE: DEV 94 -037 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -117 -94 be received; 2. THAT application to amend Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle submitted by Robert Carruthers on behalf of the Estate of M. A. Carruthers be APPROVED; 3. THAT the attached amendment to By -law 84 -63 be Approved and that the "Holding (H)" symbol be removed by By -law at such time as storm sewer service extension to the property is available; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Estate of M. A. Carruthers 1.2 Agent: Robert Carruthers 1.3 Rezoning Application: from "Agricultural (A)" zone to an appropriate zone to permit the creation of one additional residential lot. 1.4 Land Area: 3000 m2 (0.74 acres) ...2 501 PHEI PAPER E THS IS PRIMEDC RECYCLED PAPER REPORT NO.: PD-117-94 PAGE 2. 2. LOCATION 2.1 The subject property is located in Part Lot 12, Concession 2, former Town of Bowmanville. The property is municipally known as 227 Scugog Street and is located north of Meadowview Boulevard. 3. BACKGROUND 3.1 The subject rezoning application was received by the Planning and Development Department on July 13, 1994. The property currently has one existing dwelling which was retained as a retirement lot in 1988. The balance of the severed farm lands are currently being developed as the Lord Elgin Estates subdivision 40M -1764. 3.2 The proponent has also filed a consent application to create the second lot (LD 260/94). Said application was heard and approved, subject to conditions September 12, 1994. 4 EXISTING AND SURROUNDING USES 4.1 The existing site is currently occupied by a house and attached garage. 4.2 Surrounding land uses are as follows: South: residential plan of subdivision currently being constructed (40M- 1764); East: residential plan of subdivision currently being constructed (40M -1764) North: vacant lands subject to draft approved plan of subdivision 18T- 89021; West: Scugog St, vacant lands subject to draft approved plan of subdivision (18T- 88051) and three existing dwellings. ...3 r D0� REPORT NO.: PD- 117 -94 PAGE 3 5 PUBLIC MEETING AND RESPONSE 5.1 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 and tenant within the 120 metre prescribed distance. A Public Meeting under the requirements of the Planning Act was held September 6, 1994. No one appeared in opposition to the application at the meeting, although staff have fielded counter and telephone enquiries with regard to the application. 6 OFFICIAL PLAN POLICIES 6.1 Within the Durham Regional Official Plan the subject property is designated as Living Area. The policies of the living area designation encourage the widest possible variety of housing types, sizes and tenure in order to provide living accommodations. The application would appear to conform. 6.2 Within the Municipality's Official Plan the subject property is designated "Low Density Residential" within neighbourhood 112A" of the Bowmanville Urban Area. The predominant use of lands within said designation is to be for residential purposes. The application would appear to conform. 7 ZONING 7.1 The current zoning on the subject property is "Agricultural (A) ". In accordance with the policies of the Official Plan, many of the lands within the urban boundaries were placed in the "A" zone until such time as servicing was available and further development of the land could take place. The "A" zone would not permit the creation of a second lot for residential purposes. ...4 503 REPORT NO.: PD -117 -94 PAGE 4 8 AGENCY COMMENTS 8.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. The Clarington Fire Department advised they have no objection to the proposal as submitted. 8.2 Clarington Public Works staff have advised that storm services are not currently available to site, and that development of the lands can not take place until services have been extended. Public Works Staff have supported the consent application conditional upon no building permit being issued for the vacant lot until such time as storm sewer service is extended to the property. 8.3 Community Services Staff advised they have no objection to the rezoning or consent, however, 5% cash -in -lieu of parkland dedication will be applicable through the land severance process. 8.4 The Central Lake Ontario Conservation Authority Staff have no objection to the proposal, however development of said lands must conform to the requirements and recommendations of the Northwest Bowmanville Master Drainage Plan (MDP). 8.5 Region of Durham Planning Staff concluded that the subject lands are designated "Living Area" in the Durham Plan, and "Low Density Residential" in the Clarington Official Plan, and that proposed infilling development would be permitted. 9 STAFF COMMENTS 9.1 The applicant has filed to rezone a 3000 m2 (0.74 acres) of land from Agricultural (A) to a residential zone to permit the creation of a second lot for a residential dwelling. The ...5 504 REPORT NO.: PD- 117 -94 PAGE 5 existing house was recently connected to the municipal sanitary system, and has enjoyed municipal water service for a number of years, further more the proposed lot was also stubbed for future water and sanitary connections. 9.2 The subject lands, created as farm retirement lot in 1988, are adjacent to the Lord Elgin Estates (40M -1764) currently being constructed. The subject rezoning and severance applications would permit the creation of 1332 m2 parcel while retaining a 1671 m2 parcel. 9.3 The creation of the lot does not have an adverse impact on the previously draft approved plans of subdivision which surround the property and one additional access on to Scugog Street is seen as being acceptable. 9.4 Although staff have no objection to the rezoning to permit a second residential lot, the severed portion will be zoned, in accordance with the provisions of By -law 84 -63, with a "Holding (H)" symbol. Section 3.9 of the By -law 84 -63 states: "HOLDING ZONE Unless otherwise specified within the respective zone regulations, where the zone symbol shown on a Schedule to this By -law is preceded by the letter (H) , the use of the lands shall be limited to existing residential uses and conservation, forestry and farm uses exclusive of livestock operation. The (H) Holding symbol may be removed upon Council being satisfied that the uses to be permitted will be adequately serviced, the lands to be used have adequate access, prior uses of the land will not prevent the use of the land for the purposes intended by the By -law, that the lands and proposed uses will be adequately protected from any physical or man -made hazard or conditions associated with the lands, that agreements in respect of such matters and the associated financial requirements where required, have been executed with the Town of Newcastle and the Owner has satisfied all of the requirements of the Regional Municipality of Durham with respect to the provision of sewer and water services and Regional roads and entered into any necessary agreements in this regard." ...5 505 REPORT NO.: PD-117-94 PAGE 6 In this instance, in accordance with the comments from the Public Works Department, removal of the "H" symbol will only take place at such time as storm sewer services are available to the subject property. Said "H" prefix will require removal by By -law prior to issuance of a building permit for the vacant lands. 10 CONCLUSION 10.1 In consideration of the comments contained within this report staff would recommend approving the application to rezone the subject lands to a residential zone as contained in attachment hereto. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development CP *FW *cc *Attach 21 September 1994 Reviewed by, r '�' /_/Z W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Robert Carruthers 2590 Concession Rd 3 BOWMANVILLE, Ontario L1C 3K2 506 ME 00,0, LOT 13 LOT 12 LOT I I . CON C F.,'jS LO-N- ROAD 3� ....................................... ----- -- -- -- • ------ 0 100 200 3001 L-JEL ---- To m FIT- rx P be MAI 507 Z O O THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94 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 for the former Town of Newcastle to implement the conditions of consent (LD 260/94). NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Urban Residential Type One (R1) "; and "Agricultural (A)" to "(Holding) Urban Residential Type One ((H)R1) "; as shown 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 1994. BY -LAW read a second time this day of 1994. BY -LAW read a third time and finally passed this day of 1994. MAYOR I. 508 509