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HomeMy WebLinkAboutPSD-136-05 Clw:.pn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 21, 2005 Report #: PSD-136-05 File #: ZBA 2005-0049 By-law #:c9 00 6-r1 J q SPA. q 1,1 D -l"':,S Subject: REZONING TO PERMIT FOUR SEMI-DETACHED RESIDENTIAL UNITS APPLICANT: THE KAITLlN GROUP LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-136-05 be received; 2. THAT the application to amend Zoning By-law 84-63, submitted by the Kaitlin Group Ltd. on behalf of 1532746 Ontario Inc. be APPROVED and that the by-law contained in Attachment 2 be forwarded to Council for adoption; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Da tJ Creme, M.C.I.P., R.P.P. Director of Planning Services ReVieWedbY:U~ ~ Franklin Wu, Chief Administrative Officer BMRlDJC/df 14 November 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-136-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: 1532746 Ontario Inc. 1.2 Applicant/Agent: The Kaitlin Group 1.3 Rezoning: To rezone the subject lands from the "Agricultural (A) Zone" and "Holding Urban Residential Exception ((H)R1-41) Zone" to an appropriate zone to permit the construction of four semi- detached residences. 1.4 Site Area: 1174.97 m2 1.5 Location: The area subject to the proposal is located on the north side of Bannister Street, west of Westside Drive, being Part Lot 16, Concession 1, in the former Town of Bowmanville. 2~ BACKGROUND 2.1 The subject lands are comprised of Block 22 on 40M-1684 part of the original Aspen Springs Subdivision (18T-88046). Blocks 85 and 86 on 40M-2185 are part of a later subdivision application, now referred to as Aspen Springs - Phase II (18T- 90050). When the original plan of subdivision was draft approved for Aspen Springs Block 22 on 40M-1684, it was shown as a future development block, as there were no plans for the adjacent lands. 2.2 When the subdivision and rezoning applications for Aspen Springs - Phase II, blocks were draft approved to develop, in conjunction with Block 22 for two (2) semi-detached/link lots (four (4) units). However, the applicant did not rezone Block 22 at that time. 2.3 In September 2005, Kelvin Whalen of the Kaitlin Group Ltd. on behalf of Lorne Stein of 1532746 Ontario Ltd. submitted an application to rezone 0.12 hectares, north of the intersection of Bannister Street and Millburn Drive, west of Wests ide Drive to permit the construction of four semi-detached residences. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The area subject to rezoning is 0.12 ha, and is located on Bannister Street, 40 metres west of Westside Drive. 3.2 The surrounding land uses are as follows: North - South - East West Urban Residential Urban Residential Urban Residential Urban Residential REPORT NO.: PSD-136-05 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 property and a public notice sign was installed on the Bannister Road frontage. 4.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries about the proposed zoning change. 5.0 PROVINCIAL POLICY STATEMENT 5.1 The 2005 Provincial Policy Statement requires planning authorities to provide for a range of housing types and densities with a ten year supply of lands which are designated; and a three year supply of zoned and serviced lands within draft approved and registered plans. New housing is to be directed to locations where infrastructure and public services are available. The applications are consistent with the Provincial Policy Statement as they would provide for developable land for a mix of housing types, accessible to existing infrastructure. 6.0 OFFICIAL PLAN CONFORMITY 6.1 The Durham Regional Official Plan designates the subject property as Living Area. The predominant use of land within the Living Area designation is for residential purposes. The proposed use does conform to this plan. 6.2 Within the Clarington Official Plan, the subject area is designated Urban Residential. The Urban Residential designation permits residential uses, a net density of 10 to 30 units per net hectare. The use conforms with the plan. 7.0 ZONING BY-LAW COMPLIANCE 7.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in "Agricultural (A)" and "Holding Urban Residential ((H)R1-41)". The application does not conform, hence, this rezoning application. 8.0 AGENCY COMMENTS 8.1 In consideration of the previous consideration given to the lot format through the review of the subdivision application, Staff contacted Clarington Engineering Services and the Durham Regional Works Department to confirm they had no objection to the rezoning. REPORT NO.: PSD-136-05 PAGE 4 9.0 STAFF COMMENTS 9.1 The subject lots are divided between two Plans of Subdivision. The northern portion (Block 20) will be rezoned R 1-41. The southern portions of the lots (Blocks 85 and 86) were included in the rezoning application for the purpose of removing the holding symbol. The property owner has satisfied the requirements for removal of a holding symbol. 10.0 CONCLUSIONS 10.1 Currently, no objections or concerns have been raised by surrounding residents or through agency comments. Given that the application is in an existing established subdivision with similar uses and zoning on the adjacent properties, Staff would recommend approval of the application. Attachments: Attachment 1 - Attachment 2- Site Location Key Map and Property Plan Proposed By-law Attachment 1 To Report PSD-136-05 ~'v'v :0((.'V ~~'\ <;;0 C:J~~ CJ"" 'V ~ ~~,>- <9~ ~t., ~ to f q,"" ~ & '~~L1- (/0 ~ ( ('l~ ;,ph '/ ~ /0 '/ \ o -\ CN N 72'09' 30"[ 29.865 ~ 1h AOA j -au.\ ":)~ ~~ ...10 ~ C()V:J r+ \:)Cv~ ~ '-.J '$>' ~'-.J \:)<0' <0 C() <a ,^>>" & ;'u r:S '0" ,G ~ <0 V \;~coCv "co ,,~ ~co 'o~' ~ \:)Cv' ~~" ~ ~ '-b. <() -10' '<.r;--:J~ -j?... '-b.- ~\- .- . ~ o to n ~ j 10.045 '09'30"E BANNISTER 72'09'30"E ZBA 2005-049 ZONING BY-LAW AMENDMENT Block 22, 40M-1864 and Blocks 85 and 86, 40M-2185 WOOLNER LN zl'" '" '" ~ .... lD !a g ~ IAILL8URN DRIVE z '" ~ ~ :;; Owner: 1532746 Ontario Inc. --'1 BASEUNE ROAD I I , Attachment 2 To Report PSD-136-05 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 Municipality of Clarington for ZBA 2004-044; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" and "Holding Urban Residential Exception ((H)R 1-41)" to "Urban Residential Exception (R 1-41)" as illustrated on the attached Schedule "A" hereto. 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 This is Schedule "A" to By-law 2005- passed this day of , 2005 A.D. , 3995 '\ 13.699 10.045 N72"09'30"E BANNISTER STREET N72'09'30"E I o ---1 ...po. ~ a ~ is'.>- <'9 ~h~ 0<0 ~ <'9 c;;, C} <: 1l~ OCL- '%;., t9~ /( 0 /0 ) BOTTRELL STREET l'ZZm m co~ (' *- (..Jv~ C)'0 \\J' <o~ coCa 0;,,?\J'v , \ <0.... G~ :\.,c) (vCJ ~ <0 \. o,Q;,Cv <:t,....~ \.,. o,Q;, <0"" ~\JCv' -z- ~" ~ ~ '(, ~ ~ :--,:-f5,. C() Cl\J~ \~V ~ ~ ~"S .~~ ~ ~o -;~~ l~D~\l,'1'0 Zoning Change From "A" To "R1-41" Zoning Change From "(H)R1-41" To "R1-41" o 6' ~ John Mutton. Mayor Patti L. Barrie. Municipal Clerk \ I I I I WEST SIDE PARK tESQ DODDS SQ WOOLNER LN Z.~Q/ Q/ W :::0 e- O) ~ ~ Z ~ Z s: <I: 0) MILLBURN DRIVE Z Q/ :::0 0) --! --! 2 W > C2 o W o If) e- If) W '5: IBASEUNE PARK -----, Bowmanville BASELINE ROAD