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Home My WebLink AboutPSD-068-02 . Cl!Jlmgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 17, 2002 7JFI File #: ZBA 2002-012 0(JfJ-~/-O;L By-law #: flood-- - (J f f Report #: PSD-068-02 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-068-02 be received; 2. THAT the rezoning application submitted by Orchard Park Estates (Bowmanville) Inc. be APPROVED as contained in Attachment 2; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed byQ~....:;:-. ~I... Franklin Wu Chief Administrative Officer av ~. Crome, M.C.I.P.,R.P.P. Director, Planning Services AR'L T*DJC'sh May 30, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 680 REPORT NO.: PSD.068-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Orchard Park Estates (Bowmanville) Inc. 1.2 Agent: (as above) 1.3 Rezoning: To rezone the property from "Environmental Protection (EP) Zone" to "Urban Residential Type One (R1) Zone" to permit the development of 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 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. 681 REPORT NO.: PSD.068.02 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 AGENCY COMMENTS 7,1 The application was circulated to a number of agencies for comments. The following agencies have advised that they have no objection or comments on the subject application: . Municipality of Clarington Building Division · Durham Region Public Works Department . Clarington Operations Department . Durham Region Planning Department . Central Lake Ontario Conservation 7.2 The Clarington Engineering Services Department has indicated they would have no objections to the application as filed. It was noted the subdivision agreement contains provisions that would address the Engineering Service requirements for the lands in question should the rezoning application be approved. 8.0 STAFF COMMENTS 8.1 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. 8.2 In accordance with special conditions set out in the Subdivision Agreement, Blocks 114-129 are to be transferred to the abutting lots. As a condition of this 682 REPORT NO.: PSD-068-02 PAGE 4 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. 8.3 As an additional condition, 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 had agreed to the Amendment. 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of the comments received from the circulated agencies and the policies of the Clarington Official Plan. The applicant has agreed to the conditions of the Subdivision Agreement and those provided by the circulated agencies. In consideration of the comments contained in this report, Staff recommend the proposed rezoning be approved as contained in Attachment 2, Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Susan Zucchero Orchard Park Estates (Bowmanville) Inc. 1140SheppardAve.N. Unit 12 Toronto, Ontario M3K 2A2 683 ATTACHMENT 1 SCOTTSDALE DRIVE ~ ~71'46'40"E / 30.000 0 0 ro PLAN r..: 26619 ~ 0 0 0 o:::i \r w W 0::: ~ C/) ~~ () ~, ~ n, ~ ,-0 / "" C/) ---.J ---.J W o Z~ o - N 3:~ 00 C/) ~ 7' 7' o o ro r-. ) ~ .,. [) Xl o g J: a n N 'i-0 '~~5.000 18.000 18.000 18,000 15.00010J 30.000 R=5.000 ~ R=5.000 7,854 UI"'") 7,854 :;: 8:;: J: I- 0 -a 059 :;:0 0..- a 0 0 0 60 N o ,0 ---l"- ~~71 _N 0 72 0 a:::: c{) Or<") c{) oc{) c{) c{) r..: N Nc--..i r<") ('oj r..: ::) CD ~ N 00 r<") r<") 00 r<") N ~ 0 z z N71' 46' 40"E :;: U 20.000 18.000 18.000 18.000 20.000 . 0 3: 38.000 BLOCK BLOCK 38.000 N Or<") 0 0 114 129 0 0 r 0 0 61 0 0 73 0 ro 0 0 0 0 ~ ---l 00 o:::i 00 00 z ~ ~ BLOCK BLOCK ~ ~ 0:::: N71' 115 128 46' 40"E <( 38.000 BLOCK BLOCK 38.000 CD 0 116 127 0 N 0 0 r<") 62 _ 0 0_ 74 c{) 0'> 0 Or<") o:::i r<")0 r-. u'i ~o:::i ro ~ 0 ~ BLOCK BLOCK ~ ~ ~ ('oj N71' 117 126 46' 40"E L- 20.900 38.000 37.857 & BLOCK BLOCK 'ri 0 0 118 125 0 r-- _ 0 63 0 0 75 ~ " 0 0 0 !:::'- Q:- o:::i o:::i BLOCK 00 "".~ ~ "q> ~ ~ BLOCK ~ 119 124 -' ~~~/So A N71' 46' 40"E - 38.000 BLOCK BLOCK 29.844 ~~ ~ 0 64 0 120 123 0 76 0 . 0 ~~ ~~ 0 0 0 0 o:::i 0 zro BLOCK BLOCK o:::i .~ - c{) ~ '1 N71' 121 122 -46' 40"E 05' 38,000 39.494 R 18.25' '~ 56.000 14.659 tj 0 38.000 ~I o. c{)ro .~ N71'46' 40"E c{)z n ~ ~'b ~ & ZBA 2002-012 Zoning By-law Amendment Blocks 113 to 129 incl. 40M-2066 Orchard Park Estates ..-"...--. ..........~. . ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the former Corporation of the 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 application ZBA 2002-012 to permtt the development of 2 semi-detached dwelling units on Black 113 in 40M.2066 and to increase the lot area for Lots 61 to 64 and 73 to 76 in 40M.2066 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: "Environmental Protection (EP) Zone" to "Urban Residential Type One (R1) Zone" as shown on the attached Scheduie "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 and 36 of the Planning Act. BY.LAW read a firsttime this day of 2002 BY-LAW read a second time this day of 2002 BY-LAW read a third time and finally passed this day of 2002 John Mutton, Mayor Patti L. Barrie, Municipal Clerk ~85 This is Schedule "A" to By-law 2002- passed this day of .2002 A.D. SCOTTSDALE DRIVE -'/\ 30000 " "5:JCC ' ,~:I::' ~ I \__R=5_000 gl 7.854 ~ PLAN ,~ - 60 '0 c 5 :;;:0 - 26619 ~ a 9' a - -.,... ~-: 0"'-' ;:: .--:" "'-N 00'" ""l Z 91 N7l' '5 2C8DC 18.CO::1 ~. 38.QC':. a a a 61 a a c f- ~ ~ c W c W NT" ~ C- o::: 5a.COO f- a , 0 62 ::)/ (f) c ro "0- '171' c:.:, 3800:, g $ 0 0 0 0 63 ~ .:;;;:. 0 '" ~ =/\0(f) Nil' / -l 3800e . -l 10 64 n c " W 10 0 ',,;:? 0 ~ 0 0 ," N71' g ~ Z ,~ 350ec I~ <0 S6.C.QD 3: N n ~ , 38.QOO ~I (f) ro N7"46'40"~ - ,- ;t N Q: 1\7"46'LC"~ '8.000 :5.='OC ~=5.00C_/ 7.854 30,QOO 72 S'i N f- a:: ::::> o u 3: o ...J a:: <t: CD 4:'''( J< 18.000 20.0CC 'e: 38.000 'n 0 ro 73 0 0 z ~ 46' 40":: 38.00::1 46 N n 74 8 ~ ",;," 20,QOO 4DE '------ D 37,857 r-- ;j 75 " " 0..... Q:- <O'~ 1'6'6'/4'.,:>: 40'[::- ~Jo"': vJ 29.844 .. '" " is ro 4E g 76 ~ -46' 40"[ 3;494 R-l8.250 14.659,\ o o. ~ro ~z _ Zoning change from "EP"to "R1" John Mutton, Mayor , Patti L. Barrie, Municipal Clerk 1~r.n.... ~ Bowmanvllle 686 J