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Home My WebLink AboutPSD-049-03 "J . (j. 0. L~~ REPORT PLANNING SERVICES PUBLIC MEETING Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMiTTEE Gfff- /rr-03 By-law #:02003 -(;&1 Monday, May 5, 2003 ])/1 File #: ZBA 2003-010 Report #: PSD-049-03 Subject: REZONiNG APPLICATION APPLiCANT: TOWCHESTER DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-049-03 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Towchester Developments Limited, be APPROVED and the by-law be passed as contained in Attachment 2; and, 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewedb~~-~ Franklin Wu Chief Administrative Officer vi . Crome, M.C.I.P.,R.P.P. Director, Planning Services BRlL T/DC/df 28 April 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 606 ~ ' REPORT NO.: PSD..o49..o3 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner/Applicant: Towchester Developments Limited 1.2 Zoning: From "Holding-Urban Residential Type One ((H)R-1)" to "Holding-Urban Residential Type Two ((H)R-2)" 1.3 Area: the eastern portions of 63 Goodwin Avenue (Block 35 on Attachment 1) and 64 Goodwin Avenue (Block 36 on Attachment 1 ) Bowmanville. The more formal description is Part Lot 11, Concession 2, former Town of Bowmanville. 2.0 BACKGROUND 2.1 On March 21, 2003, Staff received a rezoning application from Towchester Developments Limited requesting Blocks 35 and 36 (see Attachment 1) to be placed in the same zone category as the adjoining Blocks 130 and 131 on registered Plan 40M-1852. This would permit the construction of two (2) single detached dwelling units, each having a frontage of twelve metres, similar to the abutting lots on Goodwin Avenue. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The blocks in question and all the surrounding lands have a flat topography. 3.2 The surrounding land uses are as follows: North - Vacant South - Separate Elementary School East - Vacant West - Urban Residential- 12m frontage lots 607 ..... REPORT NO.: PSD-049-03 PAGE 3 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the north portion of the draft approved plan of subdivision 18T-82037. In addition, public notice signs were installed on the frontages of the two blocks. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the subject property Living Area. The application conforms. 5.2 The Clarington Official Plan designates the subject property as Urban Residential. The application conforms. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law, Blocks 35 and 36 are located within a "Holding-Urban Residential Type One ((H)R1)" zoning category. Blocks 130 and 1310n Plan 40M-1852 are within a "Holding-Urban Residential Type Two ((H)R2) Zone". Under the Zoning By-law, a zone boundary is considered a lot line. Due to side yard requirements, a dwelling unit cannot be sited on the two lots in question. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to Clarington Engineering Services Department. No objections or concerns were raised. 8.0 STAFF COMMENTS 8.1 At the time draft approval was issued for the two abutting plans of subdivision, a condition was imposed requiring that Blocks 36/130 and 35/131 be developed jointly to accommodate the construction of two (2) single detached dwelling units. Unfortunately, the blocks were not placed in the same zoning category. As such, a rezoning amendment is necessary to place each block within a zoning category that would permit the construction of a dwelling unit on a property having a 608 ~ REPORT NO.: PSD-Q49-Q3 PAGE 4 frontage of twelve metres. Staff has no objection to the approval of a Zoning By- law Amendment. 8.2 The application is a technical correction to the zoning on these properties. Circulation of the application and public notification did not reveal any objections or concerns. As such and although it is not common practice, staff would have no objection to the approval ofthe application as filed. 9.0 RECOMMENDATIONS 9.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED, and that the amending by-law, be passed as per Attachment 2. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment Interested parties to be notified of Council's decision: Deborah Clarke Towchester Developments Limited 177 Nonquon Road, 20th Floor Oshawa, ON L 1 G 3S2 609 ~ - -i \ \ \ \ '.; \ S\S \-::\ I.P \'.:S \ 0 \ tv l-~-~ i.-- -- ~ GOODWIN CD AVENUE - , AITACHMENT 1 Existing (H)R2 I Proposed Rezoning I (H)R1 to (H)R2 l-.::: N71"~'2O"E OJ CD I- o ....J ,- o -g <..0 ICDr0iE~r01 CO - $,.., (C> IN y: ~'" II- U l<' u'::,. I 0 0-{-:3 0 ~ g ....J , Co.....J~;., --' ...,.,... 0 ,..,.... " ..... 10 U-I.... _ I_I z Z 18.000 19.000 19.000 19.000 '" ~~ MO o ' !o~ Z ,. ;'0<> ~~ ~:ll 2 21 ,. g~ ;.,~ ~lll 2 23 22 19.000 Existing I (H)R2 I GOODWIN Proposed Rezoning AVENUE (H)R1 to (H)R2 2 \i-o ~/" - \ 19.020 L IM20 \ \ \ \:::0 :<:: 10 PART I, \ \ , 'r.t r')i PIN 0 00 :l: ,. J< "! \ 0 \ -1 \ -1 n i ~'" ~~ ~g ~ -\ 0 24 25 (,).. ,., . ,.,N 26 ;., ?~ ?~ 0 \ -P> ~^ 0'" <0 .. 10 \ ,\:> \ -Ii:! :z 2 z OJ \()l-S- -.)' (.oJ=: CD'" \ L_I_-1_ IO.l~ 18.020 18.020 18.020 \ tI~ \ SIB Nn"56'30"E ;.)~ LOT 44 (JOBI '\ :;!tt \ I ~.w. CORNER ~o PIN 26616-0050 BLOCK I R.P.40J.l-l9l1 \ ----- \ LOT 43 I \ I----~ IBLOCK 132TI o 1\ '" Bowmanville Key Map Subject 1 Site Ie: '" w '" :J ZBA 2003-010 Part Lot Control Block 35 and 36, 1ST -82037 Owner: Towchester Developments Limited Applicant: Deborah Clarke 610 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2003. being a By-law to 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 Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2003-010; 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 "Holding-Urban Residential Type One ((H)R1) Zone" to "Holding-Urban Residential Type Two ((H)R2) Zone", 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 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 611 ATTACHMENT 2 This is Schedule passed this "A" to By-law 2003- day of I 2003 A.D. N71"SI'20"E 18.000 18.000 18.000 I 01 0 co fi< fi< I= -1 I-~ 23 o~ 22 O~ 21 a~ I- ~~ ~~ ~ OU ;...,~ ;..,~ nC: 0 o~ o~ &;~ <.D "'~ "'~ 0 ---l ---l0 z z z -' CD 18.000 18.000 N PART 1, !" I 0'0 i.O BLOCK 139 PLAN o en GOODWIN AVE. CO q~OCl (o.3m RESERVE) 400-16993 0" ~ NF- I I z ::2: 0 18.020 L 18020 "'<t I PART 1, S 0 " ." " -1 '00 00 a .-\ 24 ~ 0 25 ~o ~ ~"! ''''1 "! 26 n o~ ~~ 0 -t>- "'~ '" ~ 01 z z z 18.020 18.020 N71'S6'30"E 18.020 LOT 44 ~ ~ ZONING CHANGE FROM .. (H)R1" TO .. (H)R2" ZONING TO REMAIN .. (H)R2" John Mutton, Mayor Patti l. Barrie, Municipal Clerk I fo- '" o z t;j W '" f0- Ul ~ '" w CD :J J BOWMANVILLE 612