HomeMy WebLinkAboutPSD-139-05
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, November21,2005
Report #: PSD-139 -05
File #: ZBA 2005-040
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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-139-05 be received;
2. THAT the rezoning application submitted by Leslie Chatham be APPROVED and that
the attached zoning by-law amendment be adopted by Council; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
vi . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed bY:O ~~
Franklin Wu,
Chief Administrative Officer
BH/CP/DJC/sh/df
November 15,2005
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-139-05
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
Leslie Chatham
1.2 Rezoning: from "Urban Residential Type One Exception (R 1-33)" 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 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 included 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.
2.2 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.
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. Council
held a public meeting on October 24th, 2005. No one spoke in opposition to the
proposal.
3.2 As of the writing of this 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 serviced by municipal water
and sanitary systems. 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.
REPORT NO.: PSD-139-05
PAGE 3
4.2
Surrounding Uses:
West:
North:
East:
South:
Residential
Light Industrial (Co-op)
Residential
Tributary and residential
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 objection to the proposed
zoning amendment.
As of the writing of this report, no comments have been received from Veridian
Connections 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 has reviewed this condition and discussed the impacts of zoning the required
lands "Environmental Protection (EP)" 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. However, development shall
generally be directed outside of areas which are impacted by flooding hazards.
REPORT NO.: PSD-139-05
PAGE 4
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.
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 In 1984 the Zoning By-Law, 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 fill or
the removal of vegetation. The existing Environmental Protection Zone (EP) will be
enlarged to include the entire flood plain as recommended by GRCA. In accordance
with the existing zone provisions a 3 metre buffer or a no build area from the
Environmental Protection area will be applied.
9.4 In 2000 the Municipality received the Foster Creek Sub-Watershed Study. The water
course traversing the southern part of this lot is within the watershed. Rezoning of the
property to keep the entire flood plain within the EP Zone is consistent with the
recommendations of the study.
9.5 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-
REPORT NO.: PSD-139-05
PAGE 5
20567) will include a holding symbol which can be removed at the time conditions of a
severance have been satisfied.
1 0.0 RECOMMENDATIONS
10.1 Based on the comments in this report, it is respectfully recommended that the rezoning
application approved.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
List of interested parties to be advised of Council's decision:
Leslie Chatham
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Attachment 1
To Report PSD-139-05
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ZBA 2005-040
Zoning By-law Amendment
Owner: Leslie D. Chatham
Attachment 2
To Report PSD-139-05
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the former Town of Newcastle for ZBA 2005-040;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section "12.4.33 URBAN RESIDENTIAL EXCEPTION (R1-33) ZONE" is hereby deleted
in its entirety;
2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Urban Residential Exception (R1-33) Zone" to "Urban Residential Exception (R1-1)
Zone", "Holding Urban Residential Exception (H(R1-1)", and "Environmental Protection
(EP)"
As illustrated on the attached Schedule "A" hereto
3. Attachment "A" attached hereto shall form part of this By-law.
4. 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
This is Schedule "A" to By-law 2005-
passed this ~~ day of 2005 A.D.
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Zoning Change From "R1-33" To "(H)R1-1"
Zoning Change From "R1-33" To "R1-1"
Zoning To Remain "EP"
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Patti L. Barrie, Municipal Clerk
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