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HomeMy WebLinkAboutPD-057-00 .,s. DN:PoS7-QO Meeting: Date: Report #: Subject: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee File #~()C()-CO 3 Res. #01fJ--d.S-<!--OO By-Iaw#vla?C - 7Y Monday, June 5, 2000 PD-057-00 FILE #: ZBA 2000-008 REZONING APPLICATION APPLICANT: LANDCREST DEVELOPMENT MANAGEMENT INC. ON BEHALF OF ST. STEPHENS ESTATES INC. PART LOT 8, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE: ZBA 2000-008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. 2. 3. 4. THAT Report PD-057-00 be received; THAT the rezoning application ZBA 2000-008 submitted by Landcrest Development Management Inc. on behalf of St. Stephens Estates Inc. be APPROVED and that the amending by-law contained in Attachment No.2 be forwarded to Council for approval; THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in this report and any delegations be advised of Council's decision. 1. 1.1 1.2 1.3 APPLICATION DETAILS Owner: St. Stephens Estates Inc. Agent: Landcrest Development Management Inc. Rezoning: from "Holding-Urban Residential Type One ((H)RI)" and "Holding-Urban Residential Type Two ((H)R2)" to "Holding- Urban Residential Exception ((H)RI-43)" and "Holding-Urban Residential Exception ((H)R2-15)", respectively. 614 REPORT NO.: PD-057-00 PAGE 2 ' 1.4 Area: Eight (8) single detached lots varying in size from 455 m' to 702 m' and six (6) semi/link lots varying in size from 704 m' to 821 m'. 2. BACKGROUND 2.1 On March 9, 2000, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit exterior side yard setbacks of 4.5 metres rather than 6 metres, on the subject lands. 2.2 The exterior (comer) lots subject to the proposal are located in the northerly or draft approved "Phase 2" portion of the St. Stephens Estates subdivision, which is on the east side of Mearns Avenue. The subject lands are part of Lot 8, Concession 2, former Town ofBowmanville (see Attachment No. I). 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The draft approved lots have a flat topography and are currently vacant. 3.2 The surrounding land uses are as follows: North - Vacant and beyond, the Canadian Pacific Railway South - the southerly or registered "Phase I" portion of the St. Stephens Estates subdivision and beyond, Concession Street East East Bowmanville Creek and beyond, the Great Lakes College of Toronto West - Mearns Avenue and beyond, vacant 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the fourteen (14) draft approved lots and a Public Notice sign with a map showing the locations of the fourteen (14) draft approved lots was installed on the Mearns Avenue frontage. There have been no inquiries to date. 615 REPORT NO.: PD-057-00 PAGE 3 4.2 A public meeting for the rezoning application was held on May 1,2000. No one spoke in objection to/with concern for the proposed setback reduction. No one spoke in support of the proposed setback reduction. 5. OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Region Official Plan, the subject draft approved lots are designated as Living Area in the Bowmanville Urban Area. The application conforms. 5.2 Within the Clarington Official Plan, the subject draft approved lots are designated as Urban Residential in the Bowmanville Urban Area. The application conforms. 6. AGENCY COMMENTS 6.1 The rezoning was circulated to various agencies and other departments by the Planning and Development Department. To date, comments have been received from the Regional Planning Department and Central Lake Ontario Conservation and neither agency had objections. The Clarington Public Works Department has stated the applicant must demonstrate that all lots with reduced exterior side yard setbacks can be graded in accordance with municipal standards without the use of retaining walls. All Lot Grading Plans must be satisfactory to the Director of Public Works and any plans that contain retaining walls will not be approved. 7. STAFF COMMENTS 7.1 The applicant has not requested an increase in the maximum 40% lot coverage presently permitted for single detached dwellings in the "Urban Residential Type Two (R2)" and "Urban Residential Type One (Rl)" Zones or in the maximum 45% lot coverage presently permitted for semi-detached/link dwellings in the "Urban Residential Type One (Rl)" Zone. Approval of the amendment, as submitted, would provide a degree of flexibility in determining the siting of each dwelling unit without compromising any of the other zoning regulations (including lot coverage) or the storm drainage system as designed for this subdivision. 616 REPORT NO.: PD-057-00 PAGE 4 7.2 As illustrated on Attachment #2 to this report, the reduction in the exterior side yard setback would not impact the site triangles required by the Municipality. Outside of this site triangle there are often other impediments to visibility such as trees and shrubs. 8. CONCLUSION 8.1 It is respectfully recommended that the rezoning application to permit reduced exterior side yard setbacks be APPROVED as contained in the attached zoning by-law amendment (see Attachment #3). Respectfully submitted, Reviewed by, i~ f/Ya<-flQ -~LQ4- Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. David. orne, .C.I.P., R.P.P. Directo of Planning & Development BR *L T*DC*df 18 May 2000 Attachment #1 - Site Location Key Map Attachment #2 - Site Triangle and Setbacks Diagram Attachment #3 - Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: S1. Stephens Estates Inc. c/o Landcrest Development Management 633 Edgeley Blvd, Unit 3 CONCORD, Ontario L4K 4H6 John Perdue Legends Consulting 38 Harshaw Avenue TORONTO, Ontario M6S IYI 617 ATTACHMENT 1/1 _ SUBJECT SITES LOT 9 LOT 8 . -----'----j- -- , \, 1 1 ---j l N Z o (I) (I) W U Z o U [~ ( / I, STREET w :::> z w ~ I, \ I, lLOSSOM BLVD. \ r'1 o C/l Gl Z r'1 0< ~ ;;'j ;=::j..---- ~ ::'i , I 0< o ..--.----, BOWMANVILLE KEY MAP ZBA 2000-008 618 I ~ 6m I 4.5m I I BUILDING I ENVELOPE 81 I- z (f) w ~ ~I ~I ~I ~ => ~ () " I _L t-.:::: V) " " L ---L. " - " " " " " E " " Ii) " E . SITE r--. " <D " TRIANGLE " " " " 7.5m " " STREET ATTAG-HMENT'2 619 TilE CORPORATION OFTIIE MUNICIPALITY OF CLARINGTON ATTACHMENT'3 IlY-LAW NUMIlER zuuu- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle vVHEREAS the Council afthe Corporation of the Municipality ofClarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2000-008; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation ofthe Municipality of Clarington enacts as follows: L Schedule "3" to By-law 84-63 as amended, is herehy further amended hy changing the zone designation from "Holding-Urban Residential Type One ((H)RI)" to "Holding- Urban Residential Exception ((H)RI-43)" and from "Holding-Urhan Residential Type Two ((H)R2)" to "Holding-Urhan Residential Exception ((H)R2-15)", as illustrated on the attached Schedule "A" hereto. 2. Schedule "Alt attached hereto shall fonn part ofthis 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-LA Vv' read a first time this day of 2000, BY-LAW read a second time this day of 2000, BY -LAW read a third time and finally passed this day of 2000, MAYOR CLERK 620 f , This is Schedule "A" to By-law 2000- , passed this day of ,2000 A.D. LOT 9 _ZONING CHANGE FROM "(H)R1 TO "(H)R1-43" ~~i~j~ ZONING CHANGE FROM {'\ii'''''' "(H)R2" TO "(H)R2-15" [EfI Yo/\, 1~ , [nHI w => z w > 41 APPLE BLOSSOM," BLVD ,I ~ ~~m\SIffi! 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