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Home My WebLink AboutPSD-123-05 Cl~mglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 17, 2005 6 PA-39J./-v6 By-law #: Report#: PSD-123 -05 File #: ZBA 2005-040 Subject: REZONING TO PERMIT 2 SINGLE DETACHED DWELLINGS. APPLICANT: LESLIE CHATHAM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-123-05 be received; 2. THAT the rezoning application submitted by Leslie Chatham be referred back to Staff for further processing and preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: cJ ~~ Franklin Wu, Chief Administrative Officer a J. Crome, M.C.I.P., RP.P. Director of Planning Services BH/CP/DJC/lb October 11, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L lC 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD.123-05 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Leslie Chatham 1.2 Rezoning: from "Urban Residential Type One Exception (R1-33)" and "Environmental Protection (EP)" to permit the construction of two single detached dwellings on the parcel.. 1.3 Location: Part Lot 28, Concession 2, south side of Monroe Street, Former Village of Newcastle 2.0 BACKGROUND 2.1 On August 22, 2005, Leslie Chatham submitted an application to rezone the subject property to permit the existing property to be severed to allow the construction of two single detached dwellings. 2.2 In 1991 the Durham Region Non-Profit Housing were successful in rezoning the subject property to permit the construction of one semi-detached dwelling with a total of two units. The dwellings were to be used as a group home for developmentally handicapped persons and would include a 24 hour support care staff. Each unit was to have five bedrooms (10 total). This facility was never constructed and the property has remained vacant. 2.3 The property is serviced by municipal water and sanitary systems. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Monroe Street Frontage. 3.2 As of the writing of the report, no comments have been received with respect to the application. 4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 4.1 The rectangular shaped parcel, approximately 0.125 hectares, is located on the south side of Monroe Street, east of Mill Street. The property is currently vacant, sloping from north to south. A tributary to the Foster Creek traverses the southern limits of the site, hence the EP zoning. 4.2 Surrounding Uses: West: North: East: South: Residential Light I ndustrial (Co-op) Residential Tributary and residential REPORT NO.: PSD-123-05 PAGE 3 4.3 The surrounding residential areas mainly consist of single detached dwellings with minimum frontages of 18 metres. 5.0 AGENCY COMMENTS 5.1 In consideration of the nature of the application, the application was circulated to a limited number of agencies. Clarington Engineering, Clarington Building Department, Regional Planning Department, and the Regional Works Department had no obiection to the proposed zoning amendment. As of the writing of this report, no comments have been received from Veridian Connection and it is assumed they have no objection. 5.2 The Ganaraska Region Conservation Authority has no objection to the rezoning of the subject property but requests that all lands below the elevation of 100.6 metres above sea level and/or within 15 metres of the edge of the watercourse be placed under a protective zoning that would prohibit the construction of buildings or structures of any kind. There may be restrictions on the size of structures once all setbacks are accounted for. Staff have not had an opportunity to review this condition in detail or discuss the impacts with the applicant. 6.0 PROVINCIAL POLICY STATEMENT 6.1 Section 3 of the Planning Act requires that decisions affecting planning matters "shall be consistent with" the Provincial Policy Statement. The Provincial Policy Statement states that Settlement Areas shall be the focus of growth. The existing infrastructure has sufficient capacity to accommodate this infill development. 7.0 OFFICIAL PLAN CONFORMITY 7.1 The Durham Region Official Plan designates the property Living Area. This proposal can be considered infill development and will intensify the existing neighbourhood, and is therefore consistent with the intent of this plan. 7.2 The Clarington Official Plan designates the subject property Urban Residential Area. The predominant use of lands designated Urban Residential Area within each neighbourhood shall be for housing purposes. This application is consistent with the intent of this plan. REPORT NO.: PSD-123-05 PAGE 4 8.0 ZONING BY-LAW CONFORMITY 8.1 The property is zoned Urban Residential Exception (R1-33) and Environmental Protection (EP). The R1-33 zone only permits a semi-detached dwelling, hence the subject application. 9.0 STAFF COMMENTS 9.1 Zoning By-Law 1984, of the Former Town of Newcastle originally zoned the subject property and surrounding residential areas "Urban Residential Type One Exception (R1- 1)" which permitted only single detached dwellings with a lot area of 650 square metres and frontage of 18 metres. The property was rezoned in 1991 to permit a semi- detached dwelling to accommodate a group home and 24 hour care for developmentally handicapped people. This facility was never constructed. 9.2 The surrounding residential neighbourhoods are still zoned "Urban Residential Type One Exception (R1-1)". This proposal would allow the subject property to be developed in a way which would maintain the character of the adjacent area. 9.3 The Conservation Authority recommends a 15 metre setback from the watercourse which prohibits the construction of buildings or structures, placement or removal of file of the removal of vegetation. The existing Environmental Protection Zone (EP) would be enlarged to minimize any impacts on tributary to the Foster Creek. 9.4 The applicant proposes to construct the first house on the east half of the property (parts 4 & 5 of plan 40R-20567). The west half of the property (parts 2 & 3 of plan 40R- 20567) will include a holding symbol which can be removed at the time conditions of a severance have been satisfied. 10.0 RECOMMENDATIONS 10.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Leslie Chatham Attachment #1 To Report # PSD-123-05 MONROE STREET EAST "W ANtiLl: I Nfl '5 50 E B" 5S1 BLOCK H - M[AI 41212 L 0 0 .. .. ~ .. ~ ~f----4- II. D ;;; 22 4~ I I ENCLOIf:D -'" n~ y: PORCH .. w I """ST'fPa ...... .. - I . "~., -.. I w .... .. I I "0 I- .. 2214 .:T-- _,'02> 0.. 0- 0:: !, z , 0 0 cr: PIN 2G657 ..' ='" < lNST ..z Z ~. .. .. .0 lL ~ .... .. ~ ~ .,,, .. I- 2 ~ z!! ~ L.U l' ROW OF CEOAR6 L L.U ~ MtA$ .2 SlSa 0:: ! _41 2~7 u. o -----... I- (38124 0 2 U 108 ~ II C/J .. N72 15 50 E It -J II IN,. "'0 'r~21i' -J 0 .. ~\ ::2 .. .. 0 .. .. .. .. .... w" .... ~ .... <:1= .- u. e:;: .. .. ~.. :-(.~ fJ .. ..... "0 " ., ~~ ~~ ., 11)., II 0 .. 0 "'0 ~ '0 '" ,0 ~ - I- .. ~ .. 0 0 0 0 - '" z .. .. J Newcastle Key Map , " " " ",,=13 ~" ", _7 Z, :g. , ZBA 2005-040 Zoning By-law Amendment Owner: Leslie D. Chatham . o 177 ~; E