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Home My WebLink AboutPSD-088-02 Clw:-!lJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 9, 2002 V J '-f PSD-088-02 File #: ZBA 2002-013 (;;/11- 5~ 3-0 2 By-Iaw#:~-/ 3;;2.. Report #: Subject: REZONING APPLICATION APPLICANT: GILBERT TROLLY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-088-02 be received; 2. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending by-law, as per Attachment 2 be forwarded to Council for approval; 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, 8'bm.... by' ~. David . Crome, M,C.I.P.,R.P,P. Director, Planning Services Reviewed bY:O ~ --..:, ~ Franklin Wu Chief Administrative Officer BR/L T/DC/df 7 August 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 69911 REPORT NO.: PSD-088-02 PAGE 2 1.0 APPLICATION DETAILS 1,1 Owner: Gilbert Trolly 1,2 Applicant/Agent: (same as above) 1,3 Rezoning: from "Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone" in order to permit the creation of two (2) lots for single detached houses, 1.4 Area: 2,712.6 m2 (0,67 acres) 1,5 Location: The area subject to the proposal is located at 11 Bradshaw Street, Bowmanville, The more forrnallocation description is Part Lot 9, Concession 2, former Town of Bowmanville, 2.0 BACKGROUND 2,1 On April 11, 2002, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit the development of two (2) single detached dwellings, 2,2 A public meeting for the rezoning was held on June 3, 2002, No one spoke in objection to/with concern for the rezoning and no one spoke in support of the rezoning, The owner/applicant, Mr, Gilbert Trolly, advised that there is good drainage on the land and that a surveyor has noted that this is the best use for this land. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3,1 The topography of the subject property is flat and it has an existing house that will remain. The portion of the subject property to be severed for two (2) houses is vacant. 3,2 The surrounding land uses are as follows: North - Urban Residential with single detached dwellings South - Hydro Sub-station 69912 REPORT NO.: PSD-088-02 PAGE 3 East - West - Urban Residential with semi/link dwellings Bradshaw Street and beyond, Urban Residential with single detached dwellings 4.0 OFFICIAL PLAN CONFORMITY 4,1 Within the Durham Regional Official Plan, the subject property is designated as Living Area in the Bowmanville Urban Area, The application conforms, 4,2 Within the Clarington Official Plan, the subject property is designated as Urban Residential. The application conforms, 5.0 ZONING BY-LAW COMPLIANCE 5,1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Agricultural (A)", The proposed development does not conform, hence, the necessity for the submission of a rezoning application, 6.0 AGENCY COMMENTS 6,1 The rezoning application was circulated to various agencies and other departments and the following indicated no concerns: Separate School Board, Public School Board, Central Lake Ontario Conservation and the Clarington Emergency and Fire Services Department. The French-language Separate and Public School Boards did not offer comments and it is assumed they have no concerns, Comments received to date are as follows, 6,2 The Clarington Engineering Services Department offered no objections in principle to the application. Detailed comments pertaining to any future severance applications will address all servicing issues through the Municipality's Design Criteria and Standard Drawings, cash-in-Iieu of parkland requirements and front ending agreement costs as applicable to the property, The Building Division has no concerns, The applicant has been forwarded a copy of these potential comments. 69913 REPORT NO.: PSD-088-02 PAGE 4 6,3 Veridian Connections also offered no objections to the application, noting the applicant will be required to submit an application to obtain specific approval of any electrical service arrangements and related works associated with the development of these lands through the Land Division Committee process, Any and all works must comply with the Corporation's requirements and specifications, 6.4 The Regional Works Department noted municipal services to the proposed lots were installed with the reconstruction of Bradshaw Street. At the time of construction, five (5) sets of service connections were installed to the subject property. The existing dwelling, 11 Bradshaw Street, utilizes one (1) set of service connections. The applicant will be required to pay sanitary sewer and water frontage charges on approximately 23.165 metres and sanitary sewer and water main connection charges for two units through the severance process, 6,5 Staff notes, although an additional three (3) sets of sewer connections were provided at the time Bradshaw Street was reconstructed, the applicant has indicated he only wants to create two larger residential lots instead of the three (3) originally contemplated, There is adequate frontage and a set of service connections for one more residential lot on the subject property, south of the existing dwelling, which the applicant may choose to develop at a later date, 6.6 The Regional Planning Department commented that the proposal conforms to the "Living Area" designation in the Regional Official Plan, reiterated Regional Works Department comments, and noted that since the subject property is located within 50 metres of Concession Street East which is identified as a Type "C" Arterial Road in the Regional Official Plan, there is potential for noise impacts from vehicular traffic along Concession Street East. A noise report submitted by a qualified acoustical consultant summarizing any noise attenuation requirements in accordance with the Ministry of the Environment and Energy Noise Guidelines will be required through the severance process, 69914 REPORT NO.: PSD-088-02 PAGE 5 7.0 STAFF COMMENTS 7,1 The applicant has submitted applications to the Land Division Committee to create the lots, The comments/concerns of Veridian Connections, Regional Works, Regional Planning and the Clarington Engineering Services Department will be imposed through conditions of approval and/or the execution of a land division development agreement. 8.0 CONCLUSION 8,1 It is respectfully recommended that the rezoning of all of the 11 Bradshaw Street property from "Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone" be APPROVED as contained in the attached Zoning Amendment By-law, Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Gilbert Trolly R.R,#3 Bancroft, ON KOL 1 CO Mr. Peebles 7 Kershaw Street Bowmanville, ON L 1 C 4S4 69915 ~ .... ::a:: I') ~ .... 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IrJ " STREET E AS T ZBA 2002-013 Zoning By-law Amendment Gilbert Trolley 69916 ATTACHMENT 2 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 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 2002,013; NOW THEREFORE BE IT RESOLVED THAT, the Councii 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) 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-iaw. 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 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 69917 ... This is Schedule "A" to By-law 2002- passed this day of ,2002 A.D. , '" " >: '" '" " " .. I !II I ,II I ~, ~ ~ I ~ I ... ' '" 1-. I I I I I f-. I ---- I ......., .... --l-- I ----- I . :~J (~_-~ ._.__I==.~= CONCESSION STI/EET EAST I/'7':7/l ZONING CHANGE FROM ~ -A-TO-R2. John Mutton, Mayor Patti L. Barrie, Municipal Clerk ,,~ '" STREET ~ iL: SPRUCE 1m BORlA"D { DE> l"""~' ~ [~:"/ ~ ~ . s..o.U,"DERS A,vrNU[ SUBJECT SITE )lRE(l WEST "''''\ 11\ ,0' MW.,~ Ie @c CONCESSION STREET fAST ) r BOWMANVILLE "''' II 69918