HomeMy WebLinkAboutPSD-045-02
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, May 21,2002 ]J 1'-1
PSD-045-02 File #: ZBA 2001-012
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By-law #:
Report #:
Subject:
REZONING APPLICATION
APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-045-02 be received;
2. THAT the rezoning application submitted by Orchard Park Estates (Bowmanville)
Inc. be referred back to Staff for further processing and preparation of a
subsequent report;
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
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Reviewed by:
Franklin Wu
Chief Administrative Officer
vid . Crome, MCIP,R.P.P.
Director, Planning Services
AR*L T*DJC*df
9 May 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
601
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REPORT NO.: PSD-045-02
PAGE 2
1.0
1.1
APPLICATION DETAILS
Applicant:
Orchard Park Estates (Bowmanville) Inc.
(as above)
1 .2 Agent:
1.3 Rezoning:
To rezone the property from "Environmental Protection (EP)
Zone" to .Urban Residential Type One (R1) Zone" to permit
the development of a 2 semi-detached dwellings on Block
113 and to increase the lot area for lots 61-64 and 73-76 in
40M-2066.
1.4 Site Area:
0.19 hectares (0.46 acres)
2.0 LOCATION
2.1 The property under consideration includes Blocks 113 to 129 in Registered Plan
of Subdivision 40M-2066 (see Attachment 1). The subject property is located
within Part Lot 10, Concession 2, in the former Town of Bowmanville.
3.0 BACKGROUND
3.1 On March 27, 2002, Orchard Park Estates (Bowmanville) Inc. submitted a
rezoning application to permit the development of a two (2) semi-detached
dwellings on Block 113 and to increase the lot area for lots 61-64 and 73-76 in
40M-2066.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject lands are located within a registered plan of subdivision. New
homes within the subdivision are currently under construction.
4.2 Surrounding Uses:
East - Residential uses
North - Residential uses
West - Residential uses
South - Detention pond and St. Lawrence and Hudson Railway
beyond.
602
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REPORT NO.: PSD-045-02
PAGE 3
5.0 OFFICIAL PLAN POLICIES
5.1 The Clarington Official Plan designates the property as "Urban Residential"
within the Bowmanville Urban Area. The proposed use conforms with provisions
of the "Urban Residential" designation.
6.0 ZONING BY-LAW CONFORMITY
6.1 The lands subject to the application are currently zoned "Environmental
Protection (EP) Zone". In order to permit the proposed development, a rezoning
application was submitted for consideration.
7.0 PUBLIC NOTICE AND SUBMISSION
7.1 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 lands.
7.2 No correspondence or general inquiries have been received by the Planning
Services Department on this application.
8.0 AGENCY COMMENTS
8.1 The Municipality of Clarington Building Division and Durham Region Public
Works Department have no objections to the proposal at this time.
8.2 The application has also been circulated to the following agencies for review.
. Clarington Engineering Services Department
. Clarington Operations Department
. Durham Region Planning Department
. Central Lake Ontario Conservation
9.0 COMMENTS
9.1 The subject property was originally zoned Environmental Protection (EP) for an
overland flow channel. Engineering alternatives have been developed to allow
the subject lands to develop.
603
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REPORT NO.: PSD-045-02
PAGE 4
9.2 In accordance with special conditions set out in the Subdivision Agreement,
Blocks 114-129 are to be transferred free and clear of all encumbrances to the
abutting lots. As a condition of this transfer, Blocks 113 to 129 must be rezoned
to an appropriate residential zoning category. The Subdivision Agreement states
that an application for rezoning must be submitted within one year of registration
of 40M-2066. which was registered in September 2001. Should the rezoning be
approved, Block 113 could be developed for 2 semi-detached units.
9.3 Staff has requested that future and current purchasers of lots affected by the
rezoning and subsequent transfer of lands be notified of the proposal and that an
acknowledgement of the resulting changes be secured from them. Those who
have already purchased lots have been requested by the applicant to execute an
Amendment to their Agreement of Purchase and Sale. At the time of writing of
this report, 13 of the total 16 affected lots had been sold and their purchasers
have agreed to the Amendment.
10.0 CONCLUSIONS
10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, and taking into consideration all of the comments
received, it is respectfully requested that this report be referred back to Staff for
further processing and the preparation of a subsequent report.
Attachments:
Attachment 1 - Key Map
List of interested parties to be advised of Council's decision:
Susan Zucchero
Orchard Park Estates (Bowmanville) Inc.
1140 Sheppard Avenue North, Unit 12
Toronto, ON M3K 2A2
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Bowmanvllle Key Map
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Subject
Site
ZBA 2002-012
Zoning By-law Amendment
Blocks 113 to 129 incl.
40M-2066
Orchard Park Estates
605