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Home My WebLink AboutPSD-059-03 ! ~ Cl~-!lJglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2, 2003 Report #: PSD-059-03 J)/i File #: ZBA 2003-014 GfR-:Jlf1-D3 By-law #: Subject: REZONING APPLICATION APPLICANT: MARTIN ROAD HOLDINGS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-059-03 be received; 2. THAT the rezoning application submitted by Martin Road Holdings Ltd. be APPROVED and the by-law be passed as contained in Attachment 2; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D id Crome, M.C.I.P"R.P.P. Director, Planning Services c3~.-::.'.~ Reviewed by: ' Franklin Wu Chief Administrative Officer EC/L TIDC/df 22 May 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 626 i ' REPORT NO.: PSD-Q59-Q3 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Martin Road Holdings Ltd 1.2 Related applications: Land Division applications LD 028/2003, LD 029/2003, LD 030/2003, LD 031/2003 and LD 032/2003. 1.3 Location: West side of West Side Drive between Baseline Road and Bottrell Street. On Part of Lot 15, Concession 1, Bowmanville. in Part of Part 1 of Plan 40R-18975 (being part of draft approved plan 18T- 90050) and Blocks 82 to 87, inclusive, of Plan 40M-1816. 1.4 Rezoning: To rezone the following lands: Part of Part 1 of Plan 40R-18975: from "Holding - Urban Residential Type Two ((H) R2) Zone" and Urban Residential Exception (R1-41) Zone to "Urban Residential Type Two (R2) Zone"; and Blocks 82 to 87, inclusive, Plan 40M-1816: from "Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone". 2.0 BACKGROUND 2.1 Due to the configuration of West Side Drive in Phase IV of the Aspen Springs subdivision (Plan 40M-1816), a small area fronting on the west side of West Side Drive was divided into blocks for future residential use. The agricultural zoning of these blocks was left unchanged. The owner, Martin Road Holdings Ltd., is now in the process of merging these blocks with blocks of the adjacent draft approved subdivision to the west (18T-90050) in order to have six properties appropriate for single detached dwellings having frontage on West Side Drive. The blocks in question on the draft approved plan were zoned "Urban Residential Exception (R1-41)" and "Holding-Urban Residential Type Two ((H)R2) Zone". The rezoning of Blocks 85. 86, 87, 88 and 89 on 18T-90050 was one of the conditions the 627 REPORT NO,: PSD..Q59-Q3 PAGE 3 Municipality requested through the Durham Land Division Committee applications. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The site is currently vacant. 3.2 Surrounding Uses: East - Elementary school North - Single detached dwellings West - Vacant South - Single detached dwellings 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the subject lands. There have been no inquiries from any surrounding landowners. 5.0 OFFICAL PLAN POLICIES 5.1 The Clarington Official Plan designates the area as "Urban Residential". The predominant use of land within this designation is residential. The application conforms to the Official Plan. 6.0 ZONING BY-LAW 6.1 The lands subject to the application are currently zoned "Holding - Urban Residential Type Two ((H) R2) Zone" and "Agricultural (A) Zone". As well, a small corner of one of the future lots is in a "Urban Residential Exception (R1-41) Zone". The minimum frontage to build a single detached dwelling in an "Agriculture (A) Zone" is 30 metres. The minimum lot frontage and lot area for residential use in the requested R2 designation is 12 metres and 370 square metres, respectively. The proposed use, 6 single detached dwellings on 6 lots, complies with the requirements of the R2 zone. 628 , REPORT NO,: PSO-Q59-Q3 PAGE 4 7,0 AGENCY COMMENTS 7.1 Although Engineering Services offered no objections to the application, a request was made that building permits for Block 82 on 40M-1816 and Block 88 on 18T- 90050 only be issued following the construction of the adjacent future road allowance within draft plan 18T -90050. The applicant has been made aware of this requirement and concurs with the request. The applicant is currently working towards the completion of the Municipality's subdivision agreement to permit the registration of draft plan 18T-90050. The registration would include this portion of the future road allowance. 7.2 Although staff has not received any other agency comments prior to the preparation of this report, it is not anticipated any objections will be submitted. This is based on the positive agency comments that were received by the Region of Durham Committee when the related Land Division Committee applications were approved. 8,0 STAFF COMMENTS 8.1 The application, as filed, is considered a technical correction to ensure that the two abutting plans of subdivision develop in a compatible form. It is anticipated that there will be no issues raised through the public meeting. As such and although it is not common practice, staff would have no objections to the approval of the application through the public meeting report. 9.0 RECOMMENDATIONS 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - By-law 629 , , REPORT NO.: PSD-Q59-03 PAGE 5 Interested parties to be notified of Council's decision: Kelvin Whalen Martin Road Holdings Ltd. 1029 McNicol Avenue Scarborough, ON M1W 3W6 630 ATTACHMEHT 1 ~ ~.r BLOCK 83 40M-1816 / '" ~ oJ;) IQ s:> 0*- OCJ*- d~(,j ~a <Qv /0) <Q <0-":' " ~ ~ yf;/ / <o~ OC'f.. ~\,: ~ '0---- ~ ----~ e~ 'O\..OC'f:oo~O e\.--::I o ~ z. {'l'\ 2: ~ ~ -57- ~ N r" ~ . L ~ ~ ~ ~ i ZBA 2003-014 Zoning By-law Amendment ~ w ~ o Owner: Martin Road Holdings Ltd, BASEUNE II II d 631 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 former Town of Newcastle in accordance with the application ZBA 2003-014 to permit the development of 6 single detached dwellings; 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 from "Holding - Urban Residential Type Two ((H) R2) Zone", Urban Residential Exception (R1-41) Zone" and Agricultural (A) Zone" to "Urban Residential Type Two (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 632 ATTACHMENT 2 . This is Schedule "A" to By-law 2003- passed this day of ,2003 A.D. LOT 15 ~ is'.>- 00 ~ <) ~ ~ Fl=:'I ~ ~ /IIIIII] Zoning Change From "A" to "R2" Zoning Change From "(H)R2" to "R2" Zoning Change From "(H)R1-41" to "R2" John Mutton, \1ayor ..... z o CJ) CJ) UJ U Z o U Patti l. Barrie, Munic:pcl Clerk ~ o '" PENFOUNO z w w '" '" DRIVE z " '" '" :> SQUIRES ATE Subject Site %. ~ '&" ~~ 1"', ROSER CRES, BASELINE ROAD Bowmanville I, i L o 15 '" ~ ~ '" W > '" ,. , ( J_ 633