HomeMy WebLinkAboutPSD-101-05
REPORT
PLANNING SERVICES
PUBLIC MEETING
Cl~mgron
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
PSD-101-05
File #: ZBA 2005-013 & ZBA 2005-022
~v #~;?1l3( 9-cr:;--
By-law #:
Date:
Tuesday, September 6, 2005
Subject:
ZONING BY-LAW AMENDMENT AND REMOVAL OF PART LOT CONTROL TO
PERMIT THE CONSTRUCTION OF FOURTEEN DWELLINGS
APPLICANT: PHIP LIMITED (THE FOLEY GROUP)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT report PSD-101-05 be received;
2. THAT provided there are no significant issues raised at the public meeting, the rezoning application
submitted by Phip Limited be APPROVED and that the attached Zoning By-law Amendment be
adopted by Council;
3. THAT a By-law to remove the Holding (H) symboi be forwarded to Council at such time that all the
conditions related to development of these lands as contained in Attachment 4 have been fulfilled;
4. THAT the Mayor and Clerk be authorized by By-law to execute an agreement with the applicant for
this development;
5. THAT the request for the Removal of Part Lot Control with respect to Lots 23 and 24, in Block "A",
and Lots 26, 28, 30, 32, 34, 36, 38 and 40 inclusive, in Block "B". ail in Plan H50077 (the "Porter
and Bradshaw Plan") be APPROVED and that the Part Lot Control By-law contained in Attachment
5 be passed pursuant to Section 50 (7.1) ofthe Planning Act; and
6. THAT ail interested parties listed in Report PSD-101-05, any delegations, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by:
Reviewed by:
Q~~o ~.
ranklin Wu,
Chief Administrative Officer
D J. Creme, M.C.1.P., R.P.P.
Director of Planning Services
BR/CP/DJC/lb
31 August 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-101-05 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Gerrit Van Londen
1.2 Applicant/Agent: Phip Limited (Mark Foley)
1.3 Rezoning: From “Agricultural (A) Zone “ to “Holding - Urban Residential Type Two
((H)R2) Zone”, from “Agricultural (A) Zone” to permit the creation of 14
single detached dwelling lots.
1.4 Area: 0.906 hectare (2.239 acres)
1.5 Location: The area subject to the rezoning and the removal of part lot control is
located on several properties on the west side of (including 80 & 94)
Bradshaw Street, being Part of Lot 9, Concession 2, former Town of
Bowmanville.
2.0 BACKGROUND
2.1 On May 3, 2005, the Planning Services Department received an application from Phip
Limited (Mark Foley) to rezone the above area to permit the development of 14 single
detached lots.
2.2 On May 18, 2005, the Planning Services Department received a request from Phip Limited
(Mark Foley) for the removal of Part Lot Control (ZBA 2005-022) with respect to Lots 26,
28, 30, 32, 34, 36, 38, 40 in Block “B” in Plan H50077 (Attachment 1)(the “Porter and
Bradshaw Plan”). The Porter and Bradshaw Plan was originally registered in the Durham
County Registry Office on October 3, 1856. Registration of this Plan of Subdivision was
certified by the Land Registrar in the (Whitby) Land Registry Office on January 18, 1994.
2.3 At the south limits of the Van Londen property, on the west side of Bradshaw Street, the
Municipality of Clarington owns the unopened Winnstanley Street road allowance as well
as a 3.92 metre wide parcel of land abutting to the south of the road allowance. The
applicant requested that these lands be included in the rezoning application as they would
complete the development pattern on the west side of Bradshaw Street. Staff concurred
with this request and the public notice for this meeting included these lands.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands, consist of three parcels owned by Mr. Van Londen, the unopened road
allowance and a Town-owned strip of land. Two of the Van Londen parcels have existing
detached dwellings 80 Bradshaw, which is to be retained, and 94 Bradshaw, which is to be
demolished. The balance of the lands are vacant.
3.2 The surrounding land uses (north, south, east and west) are all Urban Residential - Low
Density.
REPORT NO.: PSD-101-05 PAGE 3
4.0 PUBLIC NOTICE AND SUBMISSIONS
4.1 Public notice was given by mail to each landowner within 120 metres of the subject
properties and two public notice signs were installed, one on the north end and one on the
south end, of the properties’ Bradshaw frontage.
4.2 As a result of the public notification process, to date, the Planning Services Department
has received two telephone inquiries from nearby residents. One resident questioned if
the rezoning and eventual lotting of the subject lands on the west side of Bradshaw would
trigger the opening of Bradshaw Street at its north end so as to intersect with Apple
Blossom Boulevard. The rezoning will not trigger the street opening onto Apple Blossom
and no such change is proposed. The other resident was interested in purchasing one of
the proposed lots for his daughter and was referred to the developer.
5.0 OFFICIAL PLAN CONFORMITY
5.1 Within the Durham Regional Official Plan, the subject property is designated as Living
Area and the application conforms.
5.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential
(Low Density) and the application conforms.
6.0 ZONING BY-LAW COMPLIANCE
6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, all of the
subject lands are zoned “Agricultural (A)” except the 3.92 metre wide strip of land at the
south end that now belongs to Clarington but previously belonged to the developer to the
south, Schickedanz. The proposed lotting pattern permitting the construction of fourteen
detached dwellings does not comply with “Agricultural (A)” zoning, hence, this rezoning
application.
6.2 The 3.92 metre wide strip of land, similar to property to the south, is zoned “Urban
Residential Exception (R2-22)”. This exception zone allows a single detached dwelling
subject to two outdoor parking spaces being provided per dwelling.
7.0 AGENCY COMMENTS
7.1 The rezoning application was circulated to various agencies and other departments by the
Planning Services Department. Rogers Cable, the separate school board and Clarington
Emergency and Fire Services had no objections. Other comments received to date are as
follows.
7.2 Central Lake Ontario Conservation offered no objections to the application’s approval.
However, the applicant was to be informed that the site is subject to Ontario Regulation
REPORT NO.: PSD-101-05 PAGE 4
145/90, and that prior to filling and/or grading on-site, written permission from the Authority
is required.
7.3 Veridian Connections provided no objection to the application for rezoning. However,
they provided a number of conditions of approval associated with the development of
the lots.
7.4 Clarington Engineering Services also had no objection to the rezoning but provided a
number of conditions for the development of the lots. These conditions must be fulfilled
prior to the removal of holding being approved. The conditions deal with road widening
requirements, grading and drainage, financial matters and other typical conditions of
draft approval.
7.5 Comments remain outstanding from the public school board and the Regional Planning
Department.
8.0 STAFF COMMENTS
8.1 The application is proposing to develop the subject lands at the north end of Bradshaw
Street for 14 single detached dwellings. The entire Bradshaw Street was designed, and
reconstructed with full municipal services in about 1992 at the time of development of
the south end of Bradshaw Street through registered plan of subdivision 40M-1676.
The servicing for the street was based on a future lotting pattern of 12.0 m singles, with
a few smaller lots to accommodate frontage shortfalls and a few larger lots to
accommodate existing dwellings and accessory buildings. The proposed rezoning from
Agricultural (A) to a residential zone to allow the creation of 14 lots is consistent with the
service connections constructed for Bradshaw Street. In addition to the Van Londen
property, the rezoning application applies to the unopened Winnstanley Street road
allowance and the adjoining 3.92 m parcel of land also owned by the Municipality of
Clarington to the south of the road allowance.
8.2 At a meeting in June of this year, Council considered a confidential report dealing with
closing and conveyance of a portion of the unopened Winnstanley Street road
allowance, and declaring the same surplus. At the same meeting, a report declaring the
adjoining 3.92 m wide parcel to the south as surplus, was also considered and
approved. The above resolutions along with the proposed rezoning of the lands will
allow the eventual development of the lands together with the adjoining property for two
residential lots.
8.3 The majority of the lots proposed will have a minimum 12.0 m wide frontage consistent
with the servicing plan and many of the existing lots on Bradshaw Street. The exception to
this will be the existing house at 80 Bradshaw Street. It will retain a frontage of 21.0 m and
the zoning will allow the future redevelopment of the property with the creation of two 10.5
m wide lots for single detached dwellings. The other exception will be the most southerly
portion of the municipally owned road allowance and the surplus parcel to the south which
together only accommodates a 10.5 m wide lot.
REPORT NO.: PSD-101-05 PAGE 5
8.4 The subject lands are within an existing Plan of Subdivision, the Planning Act allows the
division of lots and blocks within a Plan of Subdivision through the use of Part Lot Control.
In order to ensure the applicant’s obligations with respect to this development have been
satisfied, the rezoning will maintain a Holding (H) symbol consistent with the policies of
Section 23.4.3 of the Clarington Official Plan until such time all conditions of approval, as
typically contained in draft approved plans of subdivision have been complied with.
8.5 Staff has no objection to the approval of a By-law exempting the subject lands from Part
Lot Control. Attached is a By-law (Attachment 3) to exempt the subject lands from Section
50 (5) of the Planning Act.
8.6 In accordance with the procedures established in the delegation of Part Lot Control By-
laws, Planning Staff will forward to the Regional Planning Department the “Unit Type and
Number Summary Table” (Attachment 6) along with a copy of the Part Lot Control By-law.
8.7 Staff recommends that the by-law be in force for a three (3) year period following Council
approval, ending September 12, 2008.
8.8 The Finance Department advises that the taxes for all three properties have been paid in
full.
9.0 RECOMMENDATIONS
9.1 Based on the comments in this report, provided that no objections are received at the
public meeting, it is respectfully recommended that the rezoning application be approved.
9.2 It is recommended that Council approve this Removal of Part Lot Control Application and
adopt the attached Part Lot Control By-law for Lots 23 and 24, in Block “A”, and Lots 26,
28, 30, 32, 34, 36, 38, 40 in Block “B”, all in Plan H50077.
Attachments:
Attachment 1 - Site Location Key Map and Property Plan
Attachment 2 - Zoning By-law Amendment
Attachment 3 - Conditions for the Removal of the Holding (H) Symbol
Attachment 4 - Authorization for Agreement
Attachment 5 - By-law for Removal of Part Lot Control
Attachment 6 - Unit Type and Number Summary Table
List of interested parties to be notified of Council’s decision:
Gerrit Van Londen
Mark Foley, Phip Limited
REPORT NO.: PSD-099-05 LIST OF INTERESTED PARTIES
Name Company Address City Province Postal Code
Gerrit Van Londen 74 Loscombe Drive Bowmanville, ON L1C 3S9
Mark Foley Phip Limited 1319 College Avenue Oshawa, ON L1H 7K8
P.O. Box 11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town 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 to
implement application ZBA 2005-013;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule “3” to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential Type Two
((H)R2) Zone", from “Agricultural (A) Zone” to “Holding - Urban Residential Exception
((H)R2-17) Zone” and from "Urban Residential Exception (R2-22) Zone” to "Holding -
Urban Residential Exception ((H)R2-17) Zone", as illustrated on the attached Schedule
"A" hereto.
2. Schedule “A” attached hereto shall form 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 2005
BY-LAW read a second time this day of 2005
BY-LAW read a third time and finally passed this day of 2005
__________________________
John Mutton, Mayor
__________________________
Patti L. Barrie, Municipal Clerk
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-______
being a By-law to exempt a certain portion of Registered Plan H50077 from Part Lot
Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to exempt from Part Lot Control, Lots 23 and 24, in Block “A”, and Lots, 26, 28, 30, 32, 34, 36,
38 and 40 inclusive, in Block “B”, all in Plan H50077, registered at the Land Titles Division of
Whitby;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands
described in paragraph 2 within the By-law;
2. That this By-law shall come into effect upon being approved by the Municipality of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the
following lands:
a) Lots 23 and 24, in Block “A”, and Lots 26, 28, 30, 32, 36, 38 and 40 inclusive, in
Block “B”, all in Plan H50077.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in
force for a period of three (3) years ending on September 12, 2008.
BY-LAW read a first time this day of 2005
BY-LAW read a second time this day of 2005
BY-LAW read a third time and finally passed this day of 2005
__________________________
John Mutton, Mayor
__________________________
Patti L. Barrie, Municipal Clerk
PART-LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: H50077 By-law: ________
APPROVED
Result of Part-Lot Control
Lots/Blocks Affected Unit Type & Number
Exemption on Unit Type & Number
Lot 23, Block “A” No Units No increase in units
Lot 24, Block “A” Single – 1 No increase in units
Lot 26, Block “B” Single – 1 An increase of Single – 1
Lot 28, Block “B” Single – 1 No increase in units
Lot 30, Block “B” Single – 1 An increase of Single – 1
Lot 32, Block “B” Single – 1 An increase of Single – 1
Lot 34, Block “B” Single – 1 No increase in units
Lot 36, Block “B” Single – 1 An increase of Single – 1
Lot 38, Block “B” Single – 1 An increase of Single – 1
Lot 40, Block “B” Single – 1 No increase in units
TOTAL Units – 9 A increase of 5 units
CONDITIONS FOR THE REMOVAL OF THE HOLDING (H) SYMBOL
Prior to forwarding a by-law to Council to remove the Holding or H symbol the following
conditions must be fulfilled by the owner/applicant:
1) provide two copies of the registered reference plan, after a draft of said plan has been
approved regarding Clarington concerns;
2) a 4.00 metre road widening on the Bradshaw Street frontage is to be dedicated to the
Municipality free and clear of any encumbrances and in a form satisfactory to the
Municipality’s Solicitor;
3) as a condition of the below-mentioned development agreement, front end payments are
to be made to the Municipality for the amounts stated in the front end agreement
entered into between the Municipality, and Ashdale Capital Corporation Inc. and 621182
Ontario Ltd.;
4) a Lot Grading Plan, signed, sealed and dated by a Professional Engineer, is to be
provided to the Engineering Services Department and is to be satisfactory to the
Director of said department;
5) a Grading and Drainage Deposit in the amount of $11,000.00 is to be made and this
deposit will be refunded to the owner/applicant when all grading and drainage work is
completed to the satisfaction of the Director of Engineering Services;
6) enter into a development agreement with the Municipality of Clarington which includes
all requirements of the Engineering Services Department regarding the engineering and
construction of all internal and external works and services related to this proposal, and
pay to the Municipality of Clarington, all legal costs and fees associated with the
preparation of the agreement;
7) pay to the Municipality of Clarington, the required fee for registration of the above-
mentioned development agreement, as amended from time to time, and currently
$300.75;
8) pay to the Municipality of Clarington, the required fee for registration of the above-
mentioned standard land transfer, as amended from time to time, and currently $279.35;
9) a performance guarantee estimate for any external works deemed necessary by the
Director of Engineering Services to facilitate this development. The required estimate
shall include the works listed below which form a connection to the development. The
owner/applicant’s engineer is responsible for providing this estimate:
1. Entrance Construction,
2. Street Trees (11, planted trees must conform to Municipal standards), and
3. Storm Sewer Servicing;
10) a Road Damage Deposit in the amount of $5,500.00 is to be made and this deposit will
be refunded to the owner/applicant when all construction has been completed and all
road restoration has been completed. Any final decision to release the Road Damage
Deposit to the owner/applicant shall be made solely at the discretion of the Director of
Engineering Services;
11) an appropriate cash contribution in lieu of the normal parkland dedication is to be made;
12) meet all the requirements of the Municipality of Clarington, financial or otherwise;
13) pay to the Municipality of Clarington the appropriate lot development charge, as
amended from time to time, for each of the new lots created, at the time of building
permit issuance;
14) ensure the proposed lots are given appropriate municipal street address numbers and
the applicant is responsible for the cost of any municipal address numbering which may
be necessary as a result of these applications;
15) ensure that any new lots created through removal of part lot control comply with
applicable provisions of Zoning By-law 84-63; and
16) satisfy the Durham Regional Works Department, financially and/or otherwise.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-______
being a By-law to authorize entering into an agreement with the Owners of lands subject
to Part Lot Control application ZBA 2005-022 and any Mortgagee who has an interest in
the said Lands, and the Corporation of the Municipality of Clarington in respect of Part
Lot Control application ZBA 2005-022
WHEREAS, Council on September 13, 2005 approved a Part Lot Control Application located in
Part Lot 9, Concession 2, former Town of Bowmanville and authorized the execution of a
development agreement with the Owner;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation’s seal, an
agreement between the Owners of the lands subject to Part Lot Control ZBA 2005-022;
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Corporation
of the Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this day of 2005
BY-LAW read a second time this day of 2005
BY-LAW read a third time and finally passed this day of 2005
__________________________
John Mutton, Mayor
__________________________
Patti L. Barrie, Municipal Clerk