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Home My WebLink AboutPD-042-00 Addendum ,. , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council File # _DI'1. Z.'P,A. 99 0:;:>'9' Res.# c.. - ?-s7-0Q Date: Monday, May 8, 2000 Report #: Addendum to PD-042-00 File #: ZBA 99-029; l8T-990l8 By-law # Subject: REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS APPLICANT: LlZJAN DEVELOPMENTS INC. PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE NO.: ZBA 99-029; IST-99018 Recommendations: It is respectfully recommended to Council the following: 1. THAT Addendum to Report PD-042-00 be received; 2. THAT Council approve the revisions of the conditions of draft plan approval and the zoning by-law for the subject lands as contained in this Report; 3. THAT a copy of the report and Council's decision be forwarded to the Region of Durham Planning Department and the Ontario Municipal Board; and 4. THAT all interested parties listed in this report and ll1lY delegations be advised of Council's decision. 1. Report PD-042-00 was forwarded to the General Purpose and Administration Committee for consideration on May 1, 2000 recommending a proposed set of conditions of draft plan approval and a zoning by-law for endorsement by Council. 2. School Board Conditions The conditions regarding the school site were not settled at the time of the General Purpose and Administration Committee. The School Board and applicant accepted conditions 35 and 36. Both parties did not concur with condition 28. The original Condition # 28 required the applicant to arrange the conveyance of Block 141, contained within the abutting Registered Plan 40M-I776, to the Kawartha Pine Ridge District School Board prior to final approval and registration of this plan of subdivision. Through previous approvals, this Block was intended for consolidation with the proposed , ~ ADDENDUM REPORT PD-042-00 PAGE 2 school block in the subject plan. The applicant was concerned that this requirement could stall the registration of the subdivision plan indefinitely if a satisfactory agreement for transfer of this Block could not be reached. The School Board does not want to purchase the site. Condition # 28 has been revised so that it only prohibits the issuance of Building Permit on Block B, a future residential block, until Block 141 has been appropriately conveyed to an abutting property or properties (See Attachment No.1). This could include either a transfer to the future school site or to abutting residential properties. This condition will ensure that no landlocked land parcels are created, staff's primary objective. It effectively freezes one lot comprised ofland in both the Eiram (Melody Homes) and Lizjan subdivisions until this issue is resolved. 3. Zoning By-law The applicant has requested the following minor amendments to the zoning by-law since Monday, May 1, 2000, which Staff are willing to support. The proposed changes are contained in Attachment No.2 and have been bolded for Council's convenience. a) The interior side yard setback has been amended for 9.5 metre and 10.5 metre single detached lots, which do not contain an attached garage or carport. Instead of containing 3.0 metre and 1.2 metre setbacks, the 1.2 metre setback has been decreased to 0.6 metres. This makes it consistent with the lots with attached garages and allows for greater design flexibility. This could encourage the applicant to site detached garages in the rear yard. Staff feel the request is minor and desirable. b) Although unenclosed porches can extend into a front yard by 1.5 metres, these structures cannot extend into an exterior side yard. This provision has been amended to allow unenclosed porches to extend into an exterior side yard by 1.5 metres to permit development of wrap-around porches. This design feature creates an urban feel and orients development towards the street. The developer must still fulfil all site triangle requirements for comer visibility. Staff have no objection to this amendment. 4. Parking Plan One of the final approval requirements was the submission of an on-street parking plan. The applicant submitted this plan for review, which was found to be satisfactory to the Director of Public Works. ADDENDUM REPORT PD-042-o0 PAGE 3 5 Conclusion The Solicitor will be presenting Report PD-042-00 and this Addendum at the Board Hearing commencing Monday morning. The Solicitor will be requesting the Board to withhold its decision until it has been advised that Council has adopted the recommendations contained in this Addendum Report. Respectfully' submitted, Reviewed by, j 'I .....-.., .. i -" !, ,- , '. :- ,> ,2,_-( 1. ,_ (Aj ~ ~~ Frallklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer RH*DJC*cc May 5, 2000 Attachment No.1 Attachment No.2 Revisions to Conditions of Draft Plan Approval Revisions to Zoning By-law Interested parties to be notified of Council and Committee's decision: Mr. Philip Litowitz Lizjan Developments Inc. 3845 Bathurst Street Suite 103 Downsview, Ontario M5H 3N2 Mr. Julius DeRuyter PMG Planning Consultants 227 Bridgeland Avenue Toronto, Ontario M6A 1 Y7 Mr. John Rackstraw 7 Hooper Square Bowmanville, Ontario LIC 4X7 Attachment No.1 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) The wording in Condition # 28 as contained in Attachment No.4 of Report PD-042-00 should be deleted and replaced with the following wording: 28. That the Owner agrees that no Building Permit shall be issued on a Lot comprised of Block B, as contained in this draft plan of subdivision, until Block 141 and Block 142, as contained in Registered Plan 40M-I776, are appropriately consolidated with other lands in a manner satisfactory to the Director of Planning and Development. ~, THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW NUMBER 2000-_ ATTACHMENT .2 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Tovm 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 99-029 and 18T-99018 to permit the development of a residential plan of subdivision. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality ofClarington enacts as follows: I. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (RZ) ZONE" is hereby further amended by adding thereto, the following new Subsection 13.4.26, as follows: "13.4.26 URBAN RESIDENTIAL EXCEPTION (RZ-26) ZONE Notwithstanding Section 13.1 i iii) and 3.2, those lands zoned (RZ-26) on the schedules to this By-law shall also be subject to the following zone regulations: a) Lot Area (minimum) 280 square metres b) Lot Frontage (minimum) i) interior lot i) exterior lot 9.5 metres 11.5 metres c) Yard Requirements (minimum) i) front yard 6.0 metres to private garage or carport 4.5 metres to dwelling 1.2 metres on one side and 0.6 metres on the other side with attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side without an attached private garage or carport 3.0 metres to dwelling, 1.5 metres to unenclosed porch" ii) interior side yard iii) exterior side yard Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (RZ) ZONE" is hereby further amended by adding thereto, the following new Subsection 13.4.27, as follows: "13.4.27 URBAN RESIDENTIAL EXCEPTION (RZ-27) ZONE Notwithstanding Section 3.1 i iii) and 13.2, those lands zoned (R2-27) on the schedules to this By-law shall also be subject to the following zone regulations: a) Lot Area (minimum) 310 square metres b) Lot Frontage (minimum) i) interior lot ii) exterior lot 10.5 metres 12.5 metres - 2- ,- c) Yard Requirements (minimum) i) front yard 6.0 metres to private garage or carport 4.5 metres to dwelling 1.2 metres on one side and 0.6 metres on the other side with attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side without an attached private garage or carport 3.0 metres to dwelling, 1.5 metres to unenclosed porch" ii) interior side yard iii) exterior side yard Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (RZ) ZONE" is hereby further amended by adding thereto, the following new Subsection 13.4.28, as follows: "13.4.28 URBAN RESIDENTIAL EXCEPTION (RZ-28) ZONE Notwithstanding Section 13.2, those lands zoned (RZ-28) on the schedules to this By-law shall also be subject to the following zone regulations: a) Lot Frontage (minimum) i) exterior lot 14.0 metres b) Yard Requirements (minimum) i) front yard 6.0 metres to private garage or carport 4.5 metres to dwelling 3.0 metres to dwelling, 1.5 metres to unenclosed porch." ii) exterior side yard 2. Schedule "3'1 to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)RI-42) Zone" "Agricultural (A) Zone" to "Holding - Urban Residential Type Two ((H)RZ) Zone" "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)RZ-26) Zone" "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)RZ-27) Zone" "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)RZ-28) Zone" "Agricultural (A) Zone" to "Environmental Protection (EP) Zone" 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY~LAW read a first time this BY~LAW read a second time this day of 2000. day of 2000. BY-LAW read a third time and finally passed this day of 2000. MAYOR CLERK