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HomeMy WebLinkAboutPD-049-00 'j ., ~. DN:P049-OO , Meeting: Date: Report #: I THE CORPORATION OF THE MUNI~IPALITY OF CLARINGTON I 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 i 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; i 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. ! i i J14 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 ! 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the applicant was notified that the proposal couldjnot be considered minor in nature and the 3. 3.1 3.2 application was withdrawn.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. , ! , , 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 , 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. 615 '. 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 I 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. i 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. I 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. , Hamlets are primarily for residential use ~d are to be developed in harmony with , 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 616 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 i ~ 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 , 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 , Ontario Hydro Services Company Inc. had no ~bjection to the application as revised. 617 REPORT NO.: PD-049-00 PAGE 5 , i i 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 I 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 I proposal but have specifically indicated that tl:\e Rose Crescent lot must have a raised tile I , bed due to the location of an easement on the lot (see Attachment #2). This requirement will be enforced at the building permit stage. i 7.4 The Region of Durham Works Department ij1dicated that municipal water is available , 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: i ~ 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. ! i ~ 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. 618 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 ! 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 I three septic systems and concluded that the Isite was suitable subject to a number of , , , 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: I I 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 I accommodated on the site without affecting th~ proposed lot grading. The Clarington , , I i ~19 " REPORT NO.: PD-049-00 PAGE 7 I I 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 I 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 I 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 I 1.04 m (3.4 ft). The standard setback for res*ential structures within hamlet areas is 6 I 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 I 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. , 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 I 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 ~20 , , 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, (j ~~0~ 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 " _ SUBJECT SITE LOT 9 LOTS ~ _I~ ~ .", HIGHWAY 401 , I ~. --- I I C\I \- I i . , u l-~ z ---- 0 cI( U , I i I '~-1 I I ~---\I ~ II ~---r'---: I, I, \L ~'.'\! i", I, \,: I \ I" _ \, __1-L! II .t------i----j ~------ .- I "-- I , T'" .----- z o - f/) (/J W U Z o U I I \~ _---~ -I CLARKE KEY MAP ZBA. 99-008 622 ~' " " -z ~ "' V; k 0 0 ~ <: " 'c 'c " k '" '" Cl '<: '" a co " Q: "z, " a ~ --' 32 " D a '" <3 lu -z Q: " to Q: ,co / h / ()i':;;Gi;":>~.:'_ i::CJ/,_D ',- - -- -- . 11\ ..:>"......(ST ~""li !;> S lO-~. C()t,IC{ ~s.<..-"" . ,\f:,S'l' ,- :~i --" I -,~ (r1l7If'i':>','~, ,',?, ! V"'" c"'-'''' 0 ! ;f:' 4:1ffi0, 1 j SEE DUM I '" \ ~I L ~ . ~/or:\ ?\,~" ~ ' I r"~~ I f I ~- "! [PARCEL A g ~ , 1 ,~, -0" M I ~ '0ffiI.1fiJJLf1i2 '-_ _O~<X I<:> z "",\:..;, i ,,~r>"'~' " . ~ S t~ :, .....''IJ"''<-..-1~':; , 'TI '~"i~ . , '-- N r"22'OCT 125.00' DETAil iUT-11)9:lTr -cPt' 1 ~. ""'-L<-""" ~_o."Il" :jfO' HWAY HIG"" '0n"J;jS":-") iv- 2 No ~O:.9) .; N:J ?~_,....N _.. !.U0/..'..;'iC-':" .n iWf:F."i '"It._i)' -, p:>..'" ,DR IPARCEL B I ~R(~. 0:10..., _ C~'" B I- 0 '\ 55.0C 1.:52.'\-8' N 71"22'00"[ 187."W ef',-,&, l@ 55\01'\ , CO" C ( I ~ \~ ~ lP~::Cf~L: Cj I' 18<:"01,; f gh ,~ 0", g... ~ ~e(~) (015''-"'8(0) (0 \~,,_ Q In ~.,. ~/ ~(N' _/" r ,r>..'? \ EASE 21B~ CliO No- 1 508J( ,INS' AS IN . ~ '" ~!::: '& ;<:0 ~ ~ ~f!>4')O'"L) ---~ ~ "..1'1r;iJ~--:., ~Y.~714 l (Q".c'~" 'I ,~' 't :;' 0;) 'A '" '~ - " ~ ~ -- - '0. \ % I, / /:::~ '; ,,,,,,jffififffiJfifffi' I~ , N 71'42'00"[ \21.82' -~-- r:>.-\<'" :" I J 623 / ,/ e("''') j ATTACHMENT NO.2 :;'S',:c.'VS' :~,...'.;,') Nsr. /"'0 253) \,.~?\ '2.," N. 6'2"00'00.t 52.52' 6("'''' ',EI(-dl~\ " . ~ ~ ~ c \ ~ 8,:,.;;;:-:- g:::LA,N ;C'~ , " o o z ~ o ,.B{ O(X)~I 18(.....1 N 7"42'OO~[ o o ~ 56.00' , '0 o " ~ z STREET bi a Q: i--- ATTACHMENT NO.3 v' 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 - 2 - 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