HomeMy WebLinkAboutPD-48-99
t- ') , -+ DN'!.pD-48 .99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File# ola.LA.
Res. #G(> A - ::174-1'1
Date:
Monday, May 17,1999
Report #:
PD-48-99
File #: LD 330/99 & LD 331/99
By-law #
Subject:
LAND DIVISION APPLICATION
APPLICANT: 1307227 ONTARIO INC
PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
SOUTH WEST CORNER OF COURTICE ROAD AND WESTMORE STREET
FILE NO.: LD 330/99 AND LD 331/99
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-48-99 be received;
2. THAT the decisions of the land Division Committee with respect to applications lD
330/99 and lD 331/99 be appealed to the Ontario Municipal Board and the
Municipality's solicitor be authorized to attend the hearing to defend Committee
and Council's decision; and
3. THAT the Secretary - Treasurer of the Durham Land Division Committee, the
Durham Region Planning Department and all interested parties listed in this report
and any delegations be advised of Council's decision.
1. APPLICATION DETAILS
1.1
1.2
1.3
Applicant:
Agent:
Severance:
1307227 Ontario Inc.
Robert Best
to create two (2) semi-detachedllink lots fronting on Westmore Street
retaining a lot with 15 m frontage, fronting on Courtice Road.
2423 m2 (0.6 acres)
1.4
Area:
2. LOCATION
2.1 The subject property is an existing lot located on the south west corner of Courtice
635
,(
'.
REPORT PD-48-99
PAGE 2
Road and Westmore Street. The property is further described as being in Part Lot
29, Concession 3, former Township of Darlington
3. BACKGROUND
3.1 On December 2, 1998, a request for comments was first received from the Durham
Land Division Committee (LDC) for a total of four severance applications (LD
328/99 to LD 331/98) on the property located on the south west corner of Courtice
Road and Westmore Street. The applications originally proposed to create four (4)
semi-detached/link lots (8 dwelling units), with 18.0 m minimum frontage on
Westmore Street and retain a 15.0 m minimum frontage single detached dwelling
lot fronting on Courtice Road. The Municipality's comments to the LDC identified
various issues with the proposed severances and recommended tabling the
applications. At their December 18, 1998 meeting the LDC tabled the applications.
3.2 The applicant met the Planning Staff following the December meeting. The
applicant agreed to revise the submissions to include one (1) 15 m, minimum
frontage single detached dwelling lot and three semi detached/link lots fronting on
Westmore Street and one (1) 15 m, minimum frontage single detached dwelling lot
fronting on Courtice Road (total of 8 units). Staff again requested tabling of the
applications as a result of unresolved transportation issues, as well as the concerns
with the creation of a proposed lot fronting on Courtice Road. The applications
were tabled for a further two (2) months.
3.3 On April 19, 1999 the LDC approved the applications, allowing the creation of a
total of eight (8) units as described above. The issue of access to Courtice Road
remains unresolved.
3.4 The lot is currently accessed from Westmore Street, and there is no driveway from
Courtice Road. Courtice Road is identified as a Type UN arterial road in the
636
'. ".
REPORT P0-48-99
PAGE 3
Clarington Official Plan. The policies of the Plan permit one private access every
200 metres of frontage on Type A arterial roads in the urban areas. There currently
exists two entrances to Courtice Road between the subject property and Nash Road
to the south, a distance of less than 200 m.
3.5 The applicant has suggested that a driveway once existed on Courtice Road and the
approval of this application is renewing its use. Although it is probable that the lot
contained an access to Courtice Road at one time, such an access is not visible
today and does not appear to have actively been used for a number of years. In
addition, there are additional existing lots with frontage on Courtice Road that could
benefit from the precedence established by allowing an access onto a Type A
arterial road contrary to the Official Plan policies.
3.6 Staff suggested that LO 330/98 and LO 331/98, proposed semi-detachedllink lots be
amended to extend from Westmore Street to the south of the property line, thereby
eliminating the proposed lot fronting on Courtice Road.
3.7 Discussions with Regional Planning Staff confirm that a report is being forwarded to
the Planning Committee meeting of May 11, 1999, recommending appeal of the
two applications. The last day of appeal is May 18, 1999. As a result of the timing,
Staff have forwarded a letter of appeal directly to the Secretary-Treasurer of the Land
Division Committee. Should Committee and Council not concur with the decision
to appeal, it will be withdrawn.
4. CONCLUSION
4.1 Type A arterial roads are to be designed to provide the highest level of service and
highest vehicle operating speeds. In consideration of the comments contained in
this report and the policies of the Clarington Official Plan it is recommended that
the referenced consent applications be appealed to the Ontario Municipal Board.
637
.
.
,
REPORT PD-48-99
PAGE 4
Furthermore, that the Municipality's solicitor be authorized to attend the Board
hearing to defend Committee and.Council's position.
Respectfully submitted,
Reviewed by,
d t'~'~~
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
Davi j. orne, M.C.I.P., R.P.P.
Acting Director of Planning & Development
CP*DjC*cc
May 6, 1999
Attachment No. 1
Attachment No.2
Key Map
Proposed Lotting Pattern
Interested parties to be notified of Council and Committee's decision:
1307227 Ontario Ltd.
232 Second Street
Stouffville, Ontario
L4A 1 B9
Robert Best
88 Varcoe Road
Courtice, Ontario
L1 E 1 N1
638
.
A IT ACHMENT NO. 1
-
LD. 330/98 & 331/98
LOT 30
-+-1
LOT 29
LOT 28
_-L_~--=-~
,
I
!
..-/ -----^------c==:~:_
,
~
~ ~-f i
iCf)
Cf)
W
()
Z
o
()
L
~
NASH ROAD
COURTICE
KEY MAP
I
6Y,)
N
Z
o
Cf)
Cf)
W
()
Z
o
()
A TT ACHMENT NO.2
.
-Vt oN G'C7c2! "'" 'Gt'4 0 ''93~
,)
'CL~O~ ~ ~r Wtl;% 3t ~ \.J."~C" 0:>
\-01= / .5t-1 -":>~. "1.;><:;]'1-7
~ *'<
C> "- ~ --- ".. "- ,
411' ..-.
1 "--
&.
~ )"" '0" ~
<:r' ..... '- j In
~ ~<:.. ? -+\ .;.')
\11- '" c::,::: ~ N 1
o.lll\ - ~ ""
\f\ \!)t<\ 0
7D 0 Ii} fi
'llJ ~ ... """
'!l ~ ,f":< >\-+1 -<
'^ -+, .: '"
~, 0 ? ~.,-Q~ -
- .- ~ ~ J 1~'1"'- '"""
~ ~ <1:.':' lJ.!l N;
C ,_<;.-e/ p:::.J '"
.15 ... ~
llJ . .,: '^ -+\
.. ~ ., ~
::t .
~ :;3: ,.
p "'"-
+ '" --S
"::l:: ...: '"
~ "
t .
=
~ ' .-. Jf
'"
V
C" .... '"
.2 ..,
l\ 1 w
=- ~
>:
C\J
.!:?
. .....
"" '"
.. '" ~
~ ?
'" Q ~
:::>::
C\
U1 J ~ +\ -\-\
qL$~-5, ~ ,..
If' ~ :;0: /
~ '" '3""
O~~ ~~ .,
. ~ 0 <"It
~"70 ~ ~::s:. Q<>
~'l:l...J
\P ~ .It
v'\ l,jh--E '.f _-;
\11
?
-
040