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Home My WebLink AboutPD-006-01 . , , ,!- . ON: P006-01 .. THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT PUBLIC MEETING Report #: PD-006-01 FILE #: ZBA 2000-030 File # {)j i 2f)t-)J[a} C 3:) Res. #GPA-O'(D-O I By-law # ;}.JjJ I-oN Meeting: General Purpose and Administration Committee Date: Monday, January 22, 2001 Subject: REZONING APPLICATION APPLICANT: 1138337 ONTARIO LIMITED PART LOT 26, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE: ZBA 2000-030 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-006-01 be received; 2. THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by 1138337 Ontario Inc., be APPROVED; 3. THAT the amending By-law attached to Report PD-006-0l be forwarded to Council for approval; 4. THAT a copy of Report PD-006-01 and the amending By-law be forwarded to the Durham Region Planning Department; and ~ 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.3 Site Area: 1138337 Ontario Inc. To rezone the subject lands from Urban Residential Exception (Rl- 40) Zone" to permit two (2) single detached dwelling units. 1120 m' (0.28 acres) 1.1 1.2 Applicant: Rezoning: 601 " ,./ ..: REPORT NO.: PD-006-01 PAGE 2 2. LOCATION 2.1 The subject lands are located at 67-77 Carveth Crescent in Newcastle (see Attachment 1). The property is described as Lots 4 and 5 on Plan 40M-2003, contained within Part Lot 29, Broken Front Concession, in the former Village of Newcastle. 3. BACKGROUND 3.1 On December 7, 2000, the applicant submitted a rezoning application to the Municipality of Clarington to rezone Lots 4 and 5 on Plan 40M-2003 (known as 67-77 Carveth Crescent) to permit the construction of two residential single detached dwellings instead of four semi-detached dwelling units. 3.2 This subject parcel is abutted on the west and south sides by Registered Plan 40M-2003 which contains semi-detached (linked dwelling) units. On the east and north sides the subject parcel is abutted by Registered Plan 40M-1984, containing single detached dwellings to the east and semi-detached (linked) dwellings to the north. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The Port of Newcastle is a new development with the majority of the dwellings still under construction or not yet built in the first of five phases. 4.2 Surrounding Uses: East Residential North - Residential West - Residential South Residential 5. OFFICIAL PLAN POLICIES 5.1 The lands are designated "Living Area" within the Durham Region Official Plan. The goal of the Living Area designation is to provide a full range of housing. 602 , v' ! REPORT NO.: PD-006-01 PAGE 3 5.2 Within Clarington Official Plan, the subject lands are designated "Urban Residential". The application conforms to the policies. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Urban Residential Exception (RI-40) Zone", which permits only semi-detached dwelling units with a minimum 18 metres of frontage. As such, an amendment is required to permit these units. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was hand delivered to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. 7.2 There were a total of forty-eight (48) properties within the 120 metre radius, but as the majority of the subdivision is currently under construction only twenty-five (25) dwellings were built and occupied. As of the writing of this report, one inquiry has been received on this application. The purchaser ofthe lot was unaware of the need for the rezoning application for this lot until he saw the Public Meeting sign as posted on the property. 8. AGENCY COMMENTS 8.1 The Clarington Building Division and Clarington Public Works-Engineering have no objections to the proposal. 8.2 The Durham Region Works Department has no objection to the application subject to the applicant removing one set of the existing service connections to each lot, at the applicant's expense and in accordance with Regional Guidelines, prior to the issuance of a building permit on these lots. The Region is not requiring the applicant to enter into an agreement. 603 :..,.,/ REPORT NO.: PD-006-01 PAGE 4 9. COMMENTS 9.1 The subject parcels will be developed in conjunction with 40M-1984 and 40M-2003, which are currently under construction. The subject lots have frontages of 18 metres and 21.103 metres. Typically single detached dwellings are permitted on lots with a minimum frontage ranging from 12 metres to 15 metres. These lots will exceed the minimum zoning by-law requirements. Existing dwellings north and south of the subject lots, on the same side of the street, contain semi-detached dwellings with approximate per unit frontages ranging from 11.6 metres to 18.78 metres. Within the "RI-40 Zone", the zoning by-law requires a minimum of 18 metres for semi-detached dwellings on interior lots (9 metres per unit). As noted above, the lots in this area are well in excess of the minimum frontage requirements. The proposed rezoning will not compromise the mix of single and semi-detached dwellings currently zoned for on Carveth Crescent. Existing dwellings on the opposite or east side of Carveth Crescent are all single detached dwellings on lots with frontages ranging from 13.15 metres to 14.96 metres, in the immediate area. The Clarington Official Plan states that the objective of neighbourhoods is to provide for a variety of housing densities and housing forms for each neighbourhood to achieve a desirable housing mix. The proposed rezoning will not affect the residential densities prescribed for this area. The change in housing form from semi-detached (linked) dwellings to single detached dwellings, on a street that already mixes housing form, does not compromise the intent ofthe Official Plan. 9.2 Typically an application is referred back to Staff for further processing following a public meeting. These lots are within a registered plan of subdivision, which received approval 604 :..- \ REPORT NO.: PD-006-01 PAGE 5 September 9, 1996. All appropriate performance guarantees were taken at this time. Also, for this application, all comments have been received from circulated agencies and departments and their concerns have been addressed in this report. Public concern is not anticipated for this change. As such, Staff is recommending approval of this application be given at the public meeting. 10. CONCLUSIONS 10.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED. Respectfully submitted, Reviewed by, ,~J NiJ?lZ~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. a . Crome, M.C.I.P., R.P.P. Director of Planning & Development SA*LT*DC*df Attachment 1 - Key Map Attachment 2 - Amending By-law and Schedule Interested parties to be notified of Council and Committee's decision: 1138337 Ontario Inc. 1029 McNicoll Avenue SCARBOROUGH, Ontario Ml W 3W6 Mr. Bill Wolocyn 319 Doris Avenue WILLOWDALE, Ontario M2N 6C7 605 , ATTACHMENT '1 ,. SUBJECT SITE LOT 29 . I PORT of NEWCASTLE KEY MAP ZBA 2000-030 606 z o - (J) (J) w () z o () I- Z o 0::: I.L.. Z W ~ o 0::: CD I _) I ~/ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001, being a By-law to amend By-law 84,63, the Comprehensive Zoning By,law for the fonner Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality ofClarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to implement ZBA 2000,030; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: I. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL (Rl) ZONE" is hereby amended by adding thereto the following new Special Exception 12.4.53 as follows: "12.4.53 URBAN RESIDENTIAL EXCEPTION (Rl,53) ZONE Notwithstanding Section 12.4.40, those lands zoned "Rl,53" on the attached Schedule "A" may be used for a single detached dwelling subject to the zone regulations in Section 12.4.40. 2. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Exception (RI,40) Zone" to "Urban Residential Exception (R1-53) Zone" as illustrated on the attached Schedule 'j A" hereto. 3. Schedule "A" attached hereto shall form part ofthe By-law. BY,LA W read a first time this day of 2001. BY-LAW read a second time this day of 2001. BY ,LAW read a third time and finally passed this day of 2001. MAYOR CLERK 6D7 ATTACHMENT .2 l . :_/ This is Schedule "A" to By-law 2001- passed this day of ,2001 A.D. , 12 \ 0' /' \' \ \.. /' )\ .A \ ('l ( \..0\ /' \ \ ~ \ /')'2. \ ~ (0\ A \ ,'"' \.. /'\ ,. ~ \ /' /' )) \ .A'. " 0"' ~ -y \ \.- ------------ ,,\ '\ ~ ~ y\ "l,eilr~ \ 0' ,\'<&.... I.- ~~~ \-- -- --- two \ 0' ,,:0 , I.- i. \ CJL-~~ :O'f,~ ~ \* ~l\ :0 \ o~'" ~~- \!j m ' o 'v J'~ tJ~t. II"': (fl , 6'~%1J~;l.":.,,:, '<i-\t 1"""'\ II "" ""0 7 .,\~ It" I ;;~, ~t\~ g~~ ~ \ 9 ~~o ~.16-1O"[ ~ \~ ,,~~:~ \ 6 .$'zO-f.. ll'.....TO'lff II ~ ZONING CHANGE Mayor Clerk _ SUBJECT SITE LOT 29 NEWCASTLE ~ z o Vi l:J () z o () I- Z o '" "- z w " o '" III II I 6.08