HomeMy WebLinkAboutPD-049-00
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Meeting:
Date:
Report #:
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THE CORPORATION OF THE MUNI~IPALITY OF CLARINGTON
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REPORT I
General Purpose and Administration C+mmittee
File #'])/1 ;;(/)!9C{faJ'6
Res. t(:;fJA-OJr!JI-o 0
By-law #)/.l()-ti
Subject:
Monday, May 15,2000
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PD-049-00 FILE #: ZBA 99t008
REZONING APPLICATION i
APPLICANT: SAM L. CUREATZ ~N BEHALF OF
JAMES W. HALE IN TRUST
4503 HIGHWAY NO. 2, NEWT~NVILLE, FORMER TOWNSHIP OF
CLARKE i
FILE: ZBA 99-008
Recommendations:
It is respectfully recommended that the General IPurpose and Administration Committee
recommend to Council the following:
2.
3.
1.
THAT Report PD-049-00 be received; I
THAT the rezoning application ZBA 99-ob8 to amend Zoning By-law 84-63, as
submitted by Sam L. Cureatz on behalf of IJames W. Hale, in Trust, to permit the
development of three lots for residential use bel APPROVED as shown on Attachment #4;
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THAT all interested parties listed in this rtport and any delegations be advised of
Council's decision. I .
1.
1.1
1.2
1.3
APPLICATION DETAILS
Applicant:
James W. Hale, in Trust
Owner:
Sam L. Cureatz
Rezoning:
To rezone the lands fro~ "Residential Hamlet (RH) Zone to an
appropriate zone to pe1it the development of two residential lots
of 0.2 hectares fronting ~n Highway No.2 and one residential lot
of 0.19 hectares frontinglon Rose Crescent.
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REPORT NO.: PD-049-00
PAGE 2
1.4
Site Area:
0.59 hectares
2. LOCATION
2.1 Legal Description: Part Lot 8, Concession t, and part ofthe original road allowance
between Concessions 1 fmd 2, and part of the original road
allowance between Lot~ 8 and 9, former Township of Clarke, 4503
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Highway No.2, Newt01',Ville (Attachment #1).
BACKGROUND
On February 5, 1999, the applicant filed an afplication to the Committee of Adjustment
for a minor variance to permit the severance of two 0.2 hectare lots fronting on Highway
No.2, and a 0.19 hectare lot fronting on R~se Crescent, all being for residential use
(Attachment #2). All three lots were within the Residential Hamlet zoning, which
requires a minimum lot area of 0.4 hectarr. Upon review of the application, the
applicant was notified that the proposal couldjnot be considered minor in nature and the
3.
3.1
3.2
application was withdrawn.
On March 1, 1999, the applicant filed an afPlication for rezoning which revised the
original proposal from all residential develo1ftent to two commercial lots on Highway
No.2 and one residential lot on Rose Crescen~. A Public Meeting was held on April 19,
1999, and no one spoke in opposition to the application. The application was referred
back to staff for further processing.
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3.3 On July 27, 1999, correspondence was receiyed from the applicant requesting that the
application be revised back to permit three lot~ for residential use. This change warranted
that a second Public Meeting be held. The M~eting was held on September 20, 1999. No
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one spoke in opposition or in support of the atplication. Council Resolution #GPA-32l-
99 referred the application back to staff for frrther processing and the preparation of a
subsequent report.
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REPORT NO.: PD-049-00
PAGE 3
3.4 After the first Public Meeting, staff received pne verbal inquiry concerning the original
proposal from an individual whose mother resldes at 8 Rose Crescent. The objection was
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in regard to drainage issues. As a result of thp revised application, a written submission
of objection also was received in regards to th9 reduction in lot area. The submission also
questioned how the lots would be able to a~commodate the required septic systems.
Since the September 20th Public Meeting ano~er written submission has been received
which raised concerns about the impact on th9 existing drainage (Attachment #3). These
public concerns will be addressed in Section 810f this report.
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4. SITE CHARACTERISTICS AND SURRObNDING USES
The property contains a residential building sltuated at the comer of Highway No.2 and
Newtonville Road. There is an accessory "uilding to the southeast of the house.
Immediately to the east, fronting on Highway roo 2, is another brick building which was
formerly the Orange Hall, and another acce40ry building to the south. The lot has a
steep slope at the south end towards Rose Cre~cent.
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Surrounding Uses: North-
South -
East
West -
Hamlet qommercial
ResidentIal
Residentjal
Resident al
5. OFFICIAL PLAN POLICIES
5.1 Durham Ref(ion Official Plan
The subject property is designated "Hamlet" Iwithin the Durham Region Official Plan.
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Hamlets are primarily for residential use ~d are to be developed in harmony with
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surrounding uses. Section 13.3.8 of the Dur1wn Region Official Plan permits infilling
between two existing dwellings, and/or a *inor expansion to existing development
provided that the development has an ad~quate supply of potable water, the soil
conditions are satisfactory for the effective op~ration of a private waste sewage system on
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REPORT NO.: PD-049-00
PAGE 4
each of the proposed residential lots, and ther~ would be no adverse impact on the supply
of water or the soil or ground water conditionslof adjacent properties.
ClarinKton Official Plan
The subject property is designated "Hamlet *esidential" within the Clarington Official
Plan. The predominant use of lands so design~ted shall be for single detached residential
dwellings.
Section 12.4.6 of the Clarington Official ~lan specifically addresses the hamlet of
Newtonville and states the following:
~ all development is to be serviced by municIpal water;
~ the minimum lot size may be reduced prfvided an engineering study demonstrates
that the soil and groundwater conditions pan support the reduced lot sizes without
contaminating soil or groundwater;
~ no further development is to be permitted tjpon reaching the capacity of the municipal
water supply system; and i
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~ no further development is to be permitted ir there is evidence of soil and groundwater
contamination which cannot be mitigated.
6. ZONING BY-LAW CONFORMITY
The subject property is zoned "Residential Hafnlet (RH)" within Comprehensive Zoning
By-law 84-63, as amended, ofthe former To~n of Newcastle. The "RH" zone permits
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single detached dwelling units on lots with a minimum lot area of 4000 square metres
(0.4 hectares).
7.
7.1
AGENCY COMMENTS
The application was circulated to the appropri~te departments and agencies for comment.
The Clarington Fire Department, the Ganar</Ska Region Conservation Authority, and
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Ontario Hydro Services Company Inc. had no ~bjection to the application as revised.
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REPORT NO.: PD-049-00
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7.2 The Region of Durham Planning Department sfated the development of the site shall have
regard to the suitability of the soil conditlons to provide for the installation of a
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satisfactory private sewage disposal system in iaccordance with the requirements enforced
by the Regional Health Department.
7.3 The Region of Durham Health Department iconfirmed they had no objection to the
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proposal but have specifically indicated that tl:\e Rose Crescent lot must have a raised tile
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bed due to the location of an easement on the lot (see Attachment #2). This requirement
will be enforced at the building permit stage.
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7.4 The Region of Durham Works Department ij1dicated that municipal water is available
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through an existing 200 mm. watermain onl Highway #2, a 200 mm. watermain on
Newtonville Road, and a 150 mm waterm'"P on Rose Crescent. A $6000.00 water
surcharge is applicable for each residential lot. i
7.5 The Clarington Public Works Department !}as no objection to the rezoning of the
property, and has provided the following preliminary comments on the future land
severances:
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~ All utilities are to be installed undergroundl
~ A lot grading and drainage plan must be p~epared that details the configuration of the
on-site storm sewer system (minor system~ and the conveyance of the overland flow
(major system) from the site. i
~ A development agreement will be requir~d, as well as an application for property
access. !
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~ The applicant will be responsible for any c~sts necessary to facilitate the construction
of an entrance from the south lot to Rose Ctescent.
~ A performance guarantee is required for !\Ie cost of the road construction, entrance
construction, and boulevard works.
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REPORT NO.: PD-049-00
PAGE 6
:>> An appropriate cash contribution in lieu pf the normal parkland dedication will be
required.
8. COMMENTS
8.1 Public Concerns
Public concerns have been raised in regard~ to the additional septic systems. The
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applicant submitted a report prepared by Ge+Logic Inc. with their original application
for minor variance. The report addressed thei potential for the proposed lots to support
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three septic systems and concluded that the Isite was suitable subject to a number of
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criteria being fulfilled.
Potential impact of the proposed development rn existing drainage patterns has also been
raised by both the neighbours to the east andi west of the Rose Crescent lot. Both are
concerned that further development will retult in increasing the run-off onto their
properties. The applicant was requested to prfPare a lot grading plan for this lot having
regard to this concern. D.G. Biddle and A,ssociates Ltd. prepared the grading and
submitted an engineering report which states tlje following:
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The drainage of the surrounding la~d naturally occurs in a north to south
direction from Highway No. 2 flowin~ across the property, onto the property to
the south as well as into the existin/f ditch on Rose Crescent. The proposed
grading will direct the flow from the n'prth to the ditch in the road allowance by
way of a swale. Drainage in front oj the proposed house will flow across the
front yard to the ditch. Drainage i~ the rear yard will flow in a southerly
direction to a proposed swale to be cqzstructed along the south property line to
direct the flows to the ditch on Rose Crfscent.
There will be no impact on the prop,rties to the west, north or east, as these
properties are above or at the same gr de as the subject property. The land to the
south will receive less overland flows n post-development than pre-development
from the subject property. I
The consultant has also confIrmed that ~e raised tile bed requirement can be
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accommodated on the site without affecting th~ proposed lot grading. The Clarington
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REPORT NO.: PD-049-00
PAGE 7
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Public Works Department has reviewed th~ grading plan and granted approval m
principal.
8.2 Easement
A survey of the property depicts an easement running diagonally through the southern
portion of the Rose Crescent lot (Attachment #2). The easement is in favour of Ontario
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Hydro Services Company Inc. The applicanti is currently in the process of acquiring a
release of this easement as it is no longer requIred by Ontario Hydro. However, until the
easement is removed neither the septic syst~m or any buildings or structures can be
placed on this portion of the lot. The applic~t has been able to propose a siting of a
residential unit which complies with the i minimum setbacks typical for hamlet
development, and a septic system which moj:ets the Health Department requirements
without encroaching onto the easement.
8.3 Sui/dinK Setbacks and Future Redevelopment
A survey of the property depicts a residential building at the north west comer of the
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property which has front yard setback of 1.65 tn (5.4 ft) and an exterior sideyard setback
of Om. The brick building on the lot to be sevbred to the east has a front yard setback of
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1.04 m (3.4 ft). The standard setback for res*ential structures within hamlet areas is 6
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metres from any road allowance. Both these ~uildings predate the current and previous
by-laws and were, therefore, constructed pri~r to any regulations being imposed for
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building setbacks. In rezoning the property ~o allow for the reduction in lot area, the
existing setbacks will be incorporated into the 1ew zone category.
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The applicant has informed staff that they hav~ no intention of demolishing either of the
structures fronting on Highway No.2, and tha~ the former Orange Hall will be converted
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to residential use. However, if these prope~es are sold a future owner may wish to
demolish and rebuild. Should this become ~e case, a grading plan will be required
through the land division development agree1nent to ensure that the drainage patterns
created will not have a negative impact on the tdjacent property owners. In addition, any
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REPORT NO.: PD-049-00
PAGES
new buildings will then be required to comply with the minimum setback requirements of
the Residential Hamlet Zone.
9. CONCLUSIONS
Based on the comments contained in this report, it is respectfully recommended that the
By-law provided in Attachment #4 to permit the development of two 0.2 hectare lots
fronting on Highway No.2 and one 0.19 hectare lot fronting on Rose Crescent be
APPROVED.
Reviewed by,
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Franklin Wu, M.C.I.P., RP.P.
Chief Administrative Officer.
Da d . rome, M.C.I.P., RP.P.
Direct of Planning & Development
IL *L T*DC*df
8 May 2000
Attachment #1 - Key Map
Attachment #2 - Proposed Lotting
Attachment #3 - Public Submission
Attachment #4 - Zoning By-law
Interested parties to be notified of Council and Committee's decision:
Sam L. Curates, QC
104 James Street West
NEWCASTLE, Ontario LIB lC6
Ray Tompkins
32 Jones Avenue
NEWTONVILLE, Ontario LOA IJO
James William Hale, In Trust
4340 Concession Road 4
RR.#1
ORONO, Ontario LOB lMO
A.M. Lyle
37 Jones Avenue
NEWTONVILLE, Ontario LOA IJO
Glen Farrow
1699 Newtonville Road
NEWTONVILLE, Ontario LOA IJO
621
ATTACHMENT NO.1
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ATTACHMENT NO.3
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Sept
20, 1 999 ,
Attention: Isabel Dekking - Planer, Development ReVIew 'Branch
As per our conversation on Sept.16/99
concern 1"'e: the application before councll
on the south-east. corner of Newlonville Rd
of l\Je\jJ t.onv ill e, olJJned by 1'-11'. l.)rn Ha 1 e
here is our wrItten
to dIVIde a parcel of land
and H~y # 2 in the hamlet
Our deed is over 100 years old and for all of thIS tIme there has
been a J'Natural" drainage outlet. on the property lIne between our home
at. 1699 and our neighbours to t~le north, out. through the lands in
question; emptying into a ditch Oll Rose eres. flJrther to the east.
'-'.Ie have
residential
drainage as
work nearly
morE watet~.
no objectIons to the division of this land into 3
lots but. wish some assurance to maIntain the current.
we already have 2 separte sump-pumps in our basement that
9-10 months of the year now; we do not need any back-up of
Please see that a copy of this letter is past
appropriate personnel
on to the
Sincerel}' Yours
Glen and Lynda Farrow
1639 Newtonvllle Rd
Newtonvllle, Ont
LOA 1JO
90S-786-2910
~1J(CLHJW!IRID
SEP 2 0 1999
MUNICIPALITY Of CLARINGTOi'/
PLANNING DEPAATIAENT
624
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-
being a By-law to amend By-law 84-63, the Comprehensive By-law for the Corporation
of the Municipality ofClarington
\VHEREAS, the Council of the Corporation of the Municipality ofClarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the former Tov.'ll of Newcastle in
accordance with application ZBA 99-008 to permit the development of two additional lots;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
L Section 9.3 "SPECIAL EXCEPTIONS - HAMLET (RH) ZONE" is herehy amended hy
introducing three new Subsections 9.3.21, 9.3.22 and 9.3.23.
"9,3.21 RESIDENTIAL HAMLET EXCEPTION (RH-21) ZONE"
Notwithstanding Section 9.2, those lands zoned R4-21 on the Schedules to this by-law
shall be subject to the following zone regulations:
a)
c)
lot area (minimum)
yard requirements (minimum)
i) front yard
ii) exterior side yard
1.65 metres
Nil
2000 square metres
For the purpose of this subsection the aforementioned yard requirements shall only apply
to the huildings existing prior to May 29, 2000,
"9,3.22RESIDENTlAL HAc\1LET EXCEPTION (RH-22) ZONE"
'iotwithstanding Section 9.2, those lands zoned RH-22 on the schednles to this hy-Iaw
shall be subject to the following zone regulations:
a) lot area (minimum) 2000 square metres
c) yard requirements (minimum)
i) front yard 1.04 metres
For the purpose of this subsection the aforementioned yard requirements shall only apply
to the buildings existing prior to May 29, 2000,
"9.3.23 RESIDENTIAL HAMLET EXCEPTION (RH-23) ZONE"
Notwithstanding Section 9.2, those lands zoned RH-23 on the schedules to this by-law
shall be subject to the following zone regulation:
a) lot area (minimum) 1900 square metres
2, Schednle "17" to By-law 84-63, as amended, is hereby further amended hy changing the
zone designation from:
"Residential Hamlet (RH) Zone" to "Residential Hamlet Exception (RH-21) Zone" as
shown on the attached Schedule "A" hereto.
"Residential Hamlet (RR) Zonell to "Residential Hamlet Exception (RH-22) Zone" as
shown on the attached Schedule "A" hereto.
"Residential Hamlet (RH) Zone" to "Residential Hamlet Exception (RH-23) Zone" as
shmvn on the attached Schedule "An hereto.
625
ATTACHMEN .4
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3, Schedule "A" attached hereto shall fonn part of this By-law.
4, This By-Jaw shall come into effect n the date of the passing thereof, subject to the
provisions of Sections 34 and 39 of the Planning Act, R's,Q. 1990,
BY.LAW read a first rime this 29th day of
May
2000,
BY-LAW read a second time this 29th day of
May
2000,
BY. LA W read a third time and finally passed this 29th day of
May
2000,
MAYOR
CLERK
626