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Home My WebLink AboutPD-044-01 ... ~ , '" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # _2I31l ;2{):) / -co b Monday May 7, 200 I Res. #(-::'/1/ -;Jf t/-O / Date: Report #: PD-044-01 File #: ZBA 2001-006 By-law#:-,200/-7S'O Subject: REZONING APPLICATION APPLICANT: CORNELIUS DERKS ON BEHALF OF HAVILAND, JEAN, EDWARD AND JOHN FENNELL PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE 22 BRADSHAW STREET AND MANN STREET, BOWMMANVILLE FILE NO.: ZBA 2001-006 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-044-01 be received; 2. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending by-law, as per Attachment No.3 be forwarded to Council for approval; 3. THAT a by-law to remove the Holding (H) symbol be forwarded to Council at such time that all the conditions for the related severances have been fulfilled; 4. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Haviland, Jean, Edward and John Fennell 1.2 Agent: Cornelius Derks 601 .. , REPORT PD-044-01 PAGE 2 1.3 Rezoning: for 22 Bradshaw Street: From "Agricultural (A)" to "Holding - Urban Residential Type Two ((H)R2)" in order to permit the creation of two (2) lots for single detached houses with a minimum frontage of 12 metres (39.4 feet) and to permit two additional parcels to be melded with abutting lands for the creation of future building lots. For the two (2) Mann Street properties: From "Agricultural (A)" to "Holding - Urban Residential Type One ((H)RI)" in order to permit the creation of two (2) lots with two link dwellings each, for a total offour (4) link dwellings. 1.4 Area: 3,733.49 m2 (0.93 acres) 1.5 Location The area subject to the proposal is located at 22 Bradshaw Street, Bowmanville and at the two (2) properties abutting 22 Bradshaw Street on the west. These two (2) properties have frontage on Mann Street and are vacant. The more formal location description is Part Lot 9, Concession 2, former Town of Bowmanville. 2. BACKGROUND 2.1 On February 19, 2001, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the development of two (2) single detached dwellings on Bradshaw Street and four (4) link dwellings on Mann Street. 2.2 A public meeting for the rezoning was held on April 9, 2001. No one spoke in objection to/with concern for the rezoning. No one spoke in support of the rezoning. The applicant/agent Mr. Cornelius Derks, acting for the property owners, Haviland, Jean, Edward and John Fennell, spoke in favour of the application noting the Bradshaw Street property would be cleaned up and that the proposal merely fits in with what is already permitted. 602 REPORT PD-044-01 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The topography ofthe three (3) properties is flat. The 22 Bradshaw Street property has a house and three (3) accessory buildings, all of which will be demolished. The two (2) Mann Street properties are vacant. 3.2 The surrounding land uses are as follows: North: South: East: West: residential residential Bradshaw Street and beyond, residential Mann Street and beyond, residential 4. OFFICIAL PLAN CONFORMITY 4.1 The Durham Regional Official Plan designates the subject property as Living Area in the Bowmanville Urban Area. The application conforms. 4.2 The Clarington Official Plan designates the subject property as Urban Residential. The application conforms. 5. 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 this rezoning application. 6. AGENCY COMMENTS 6.1 The Clarington Public Works Department requirements include the following: )> A 3.90 metre road widening on Bradshaw Street dedicated to Clarington. )> The applicant make front end payments to Clarington for the amounts stated in Front End Agreements entered into between the Municipality and Schickedanz Bros. Ltd. and Ashdale Capital (Royal Bank as Beneficiary) which are estimated as $37,947 subject to indexing at the time of payment. 603 REPORT PD-044-01 PAGE 4 }- The preparation of a Lot Grading and Drainage Plan by a professional Engineer that details the configuration ofthe existing on-site storm sewer system (minor system) and the conveyance of overland flow (major system) from the site. }- The provision of a $6,000.00 Grading and Drainage Deposit. }- That application is to be made for property access in conjunction with this proposal. }- The applicant be responsible for any costs necessary to facilitate the construction of entrances from the subject property to Mann Street and Bradshaw Street. }- The provision of six (6) street trees that form a portion of the connecting boulevard, in conformity with Clarington requirements. }- The applicant enter into a servicing agreement for the installation of all service connections on Mann Street deemed necessary to service this development. }- A performance gnarantee estimate is required for any external works deemed necessary by the Director of Public Works to facilitate this development. }- The provision of a $3,000.00 Road Damage Deposit. }- That all works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction ofthe Director of Public Works. }- That the applicant meet all the requirements of the Public Works Department, financial or otherwise. }- The provision of a cash-in-lieu of the normal parkland dedication. 6.2 The Regional Planning Department notes that the proposal conforms to both the Regional and Clarington Official Plans and all provincial issues appear to be satisfied. Municipal water and sanitary sewer services are available to the subject lands and all Regional concerns, financial and otherwise, are to be satisfied through the subsequent land division process. 6.3 Veridian Connections has no objection and provided a list of standard conditions. 684 ~} ,." ,- '- REPORT PD-044-0l PAGE 5 7. STAFF COMMENTS 7.1 All outstanding items from the agencies have been dealt with and there have been no resident concerns raised. 7.2 The applicant will be submitting applications to the Land Division Committee to create the lots. The requirements of the Public Works Department would be imposed through conditions of approval and the execution of a land division development agreement. 8. CONCLUSION 8.1 It is respectfully recommended for 22 Bradshaw Street: the rezoning from "Agricultural (A)" to "Holding - Urban Residential Type Two ((H)R2)" be APPROVED; and for the two (2) Mann Street properties: the rezoning from "Agricultural (A)" to "Holding - Urban Residential Type One ((H)RI)" be APPROVED as contained in the attached Zoning Amendment By-law. Respectfully submitted, Reviewed by, ~ -n U ~r&t0r;: 'x{c'-(~_~(~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer D vi J. rome, M.C.I.P., RP.P. Director of Planning and Development BR*LT*DJC*sh 23 April 2001 Attachment No. I Attachment No.2 Attachment No.3 - Site Location Key Map - Plan of Survey - Zoning By-law Amendment Interested Parties to be notified of Council and Committee's decision: Cornelius Derks 344 Gothic Court OSHA W A, Ontario LlG 7J2 605 ATTACHMENT 1 _ SUBJECT SITE LOT 10 LOT 9 APPLE BOUL(\/ARO 1><:> ~ &' en / 63 \ 0 <lY ...../ L::i w 0 a:: e::: ~ w ! ::,c e::: <( lD TUCKER ROAD ) / ~ ) en I ~ ~ """"'- , GLANVILLE CRES. ~z ~ ~ ,- / ~ :r: , I~- HERRIMAN STREET 00 , I I I" ."" l' """- .", W ...J 0... 0... <( I CONCESSION STREET EAST ITliT1 BOWMANVILLE KEY MAP ZBA 2001-006 6f},6 BU ~ :r: en e::: w ::,c N Z o en en w () z o () ( ~ I w tl~~ 81\<& ::5!lf ~!~I': ~i;'d;;~ ai~~~ If~! ziti n~.t ~<fil I-"'~ -~~ .. " , t ~::: w "y ~~ij! ~~ "'~..: ... liii: !~ "w w~ ~"& ~b. "~8. ij~~ii !!~hi . ~ . ~ ~ . ; .~ ~ 911- ~i ~~~i h~w ~ ~.~ .:i :!t ~~ .~~ ~!fU 3. ~.a ~.....,lI< m ~ ,.. :::;; o ~ -' Z"" "- o=> o ,..0 ,..~~"- o::Oii!:O <Oo::~ a..'?:5t:: "'O:I:O~ cZ.....lL O<O{3 ~-I",,--Z "-~::>~ o ..t::::E1- ~ -' . .....:7J. :II "':oo:ll,Z~ (l)oQS- g~~ll!~ ./33H1S JlYNS(lll"8 ATTACHMENT 2 co o o I ~ o o C\I c( m N , ~ Ii' ';;. , "~j " - - ---t - -~ -'-~!-"!. ~~ -.t- - - - ~ - ~ _ _ __ ,. , gQ"tt M .&.t.a N .. I~ 8~.... ..- ,T , ~ ------..... ~ ~ Il\ , ~~ ~ -..-. ~ ~ ~ ~ , . ~ .9 ~ <' " -.- ~ w 'Iii: ~ ~ ~ z J! T ! j ""'0 ~ :.> , q ~ .~ ~ :. ~ ~ ~ , , ... ~ ~ ~ w ~ , i~ .... WW.O fi~ .I ~. I!. g , , .. ~ ~ .. ~ I , t ~ ~ lie r ~ - I :l tl " I ~I 'I I ~ :~ I ' J ~ ~ ~ 0; :: w we. .. m.., .0 >-1-(1')1- ~~~d~ i~j8.e.8. .0 w 6~O*'--'="" OwQ,,-,^o: ....d~020 .... )-.1:0.... 02!!?l-oZ l.o.I~~e;l.o.IQ e.... oj~ lQa:~I-Q:> .....w Uw<C !2'~Wo(I-0 ~35~~~ , " i ~ , . . ] w ~' - ~ z ~ f r i . 607 8L , ..'Or iN M , )..-- -, - - -+ - -mm,- -..,-~ _- - - - -f- - - - -t - - .J.llii1S MVY" ~ , ~ ~ i 1. , , - ~ . i~ '} ~ ,,: . , . ... ,I ! ~ ... E ~ fi ~ t ~ z ... ::: . <?- , ., . ~ y \ lO:.> i ~ . ' . ! ~ ~! ~ . . i ;t I ~ , , ~ " ::; il " ;;; , ~ ""'0 :.> , ll"t 6n; ..... '} -.. , ~ CO'll oo'U ;gg.6 ~ ~ M.QL~.QI.N , , ~ ~ ~ " , '" ~ '" ~ ~ " ""'0 . , ~ :.> ~ ... ~ i ... Q;l'O ....lrO '" THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW NUMBER 2001-_ being a By-law to amend By-law 84-63. the Comprehensive Zoning By-law for the Corporation of the fonner Town of Newcastle. WHEREAS the Council of the Corporation of the MwncipaJity of Clarington deems it advisable to AMEND By-law 84-63, as amended, of the Corporation of the Municipality ofClarington for ZBA 2001-006; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: L Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Holding -" Urban Residential Type Two ((H)R2)" Zone and from "Agricultural (A)" to "Holding - Urban Residential Type One ((H)Rl)" Zone, as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall fonn 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 2001 BY-LAW read a second time this day of 2001 BY-LAW read a third time and finally passed this day of 2001 JOHNMUTTON, MAYOR PATTI L BARRIE, MUNICIPAL CLERK 608 ATTACHMENT 3 This is Schedule "A" to By-law 2001- , passed this day of .2001 A.D. ~ ~ ~ 0 II) ~~ ...... No> ~ ~1'1 ~ Z N71'24'40"E 51.22 N71'53'4Q"E 51.22 ~ ",a w.D ~; 1'100 ~ Z WJJ ZONING CHANGE FROM "Aft TO "(H)R1" ~ ZONING CHANGE FROM "A" TO "(H)R2" o 10 20 30 4Qm ~-- . 20m 10 0 ~ ~ II) ~ ~ ~ 3S Patti L. Barrie, Municipal Clerk John Mutton, Moyor m SUBJECT SITE LOT 10 BOWMANVILLE ~ ~ '" ffi Z ~~ ~ ~ 8 ~ ,~t CONC(5S1ON STREET EAST , '" r-TT. 699 t