HomeMy WebLinkAboutPD-1-98~N:oevs~o~s.cPnTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING O
Meeting: General Purpose and Administration Committee File # ~~~~q/ ~ ~l~
Date: Monday, January 5, 1998 Res. #~~g
Report #: PD-1-98 File'k#: DEV 97-079 By-law #
Subject: REZONING APPLICATION APPLICANT: ARCHIBALD MUIR
PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
2450 AND 2470 COURTICE ROAD
FILE: DEV 97-079
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-1-98 be received;
2. THAT application to amend the Comprehensive Zoning By-law 84-63 of the former
Town of Newcastle, as amended, submitted by Tunney Planning Inc. on behalf
of Archibald Muir be referred back to Staff for further processing and the
preparation of a subsequent report upon receipt of all outstanding comments; and
3. THAT the Durham Region Planning Department, and all interested parties listed
in this report and any delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Archibald Muir
1.2 Agent: Tunney Planning Inc.
1.3 Rezoning: From "Agricultural (A)" and "(Holding) Urban
Residential ((H)R1)" to an appropriate zone to permit
the severance of two (2) existing single family
residential dwellings.
1.4 Area: 0.77 ha (1.9 acres)
2. LOCATION
2.1 The subject property is a 0.77 ha (1.9 acre) parcel, municipally known as 2450
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REPORT NO.: PD-1-97
PAGE 2
and 2470 Courtice Road. The lands subject to the rezoning are located on the
west side of Courtice Road immediately south of the Courtice Crossings
subdivision.
3. BACKGROUND
3.1 The application for rezoning involves 0.77 ha of a larger 20 ha (50 acre) parcel.
The lands have two existing residences located in the north-east corner. By way
of this application the proponent is attempting to rezone sufficient land area to
allow the severance of the existing dwellings. The applicant has yet to file the
consent applications.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Two single family dwellings and lands used for
agricultural purposes.
4.2 Surrounding Uses: East - a single family dwelling and agricultural land
West -vacant agricultural land and residential
subdivision
South - limited residential development fronting on
Courtice Road and agricultural land
North -existing residential subdivisions
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan (DROP) the subject property is
designated "Living Area". The predominant use of land within this designation
shall be for housing purposes. However, the policies require urban areas to
develop on the basis of full municipal services. Full services are not currently
available to the site. The owner will be required to enter into an agreement with
the Region of Durham regarding future connection to municipal services in order
to comply with the Plan policies. The Transportation Schedule ident'rfies Courtice
Road as a Type A arterial. The Durham Plan policies limit access to Type A
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REPORT NO.: PD-1-97
PAGE 3
arterial roads. Again the owner will be required to enter into an agreement
dealing with future access to the existing residences in order to conform to the
Regional Plan policies.
5.2 Within the Clarington Official Plan the subject lands are designated Urban
Residential within the Courtice Urban Area. The lands are part of Avondale
Neighbourhood (No. 7). The predominant use of land within this designation shall
be for housing purposes. The Transportation Schedule identifies Courtice Road
as a Type A arterial road. Similar to the Regional Plan, the Clarington Official Plan
limits the number of access points permitted on a type A arterial road. Council
has approved a Neighbourhood Design ConceptfortheAvondale Neighbourhood
in accordance with Section 9.5 of the Clarington Official Plan. Staff have reviewed
the proposed future lots within the context ofthe Avondale Neighbourhood Design
Plan and are satisfied that the 0.77 ha complies with the planned layout, and can
be further developed in the future, when full municipal services are available and
that access for the proposed lots can be established from the future local road
network and eliminated from Courtice Road. The application appears to conform.
6. ZONING BY-LAW PROVISIONS
6.1 The 0.77 ha parcel of land is zoned in part "Agricultural (A)" and in part "(Holding)
Urban Residential ((H)Ri)". The majority of the subject land is zoned Agricultural,
which requires a minimum of 40 ha (100 acres) lot area for a new lot, hence the
need for rezoning.
7. PUBLIC MEETING AND SUBMISSION
7.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands. In addition, the
notice was mailed to each landowner and tenant within the prescribed 120 metre
(400 ft.) distance. As of the writing of this report, one (1) enquiry has been
received, with no objection to the application being expressed.
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REPORT NO.: PD-1-97
8. AGENCY COMMENTS
PAGE 4
8.1 In accordance with departmental procedures, the application was circulated to
obtain comments from other departments and agencies. The following
departments/agencies in providing comments, offered no objection to the
application as filed:
• Central Lake Ontario Conservation Authority;
• Clarington Public Works;
• Clarington Fire Department.
8.2 Regional Planning Staff provided a coordinated response on behalf of the
Regional Works Department, Regional Health and themselves. The comments
advised that the subject lands are designated Living Area within the Durham
Regional Official Plan and the residential use is in conformity. Furthermore, the
comments state that Section 8.2.3 of the Regional Plan requires urban areas to
develop on the basis of full municipal services. Municipal services are not
currently available to the subject lands, which are serviced with private wells and
private waste disposal system. Accordingly, as a condition of approval, on the
future severance applications, the houses must be either:
i) connected to municipal services; or
ii) have an easement registered on title for replacing the existing waste
disposal system on the retained land.
In addition, it was noted that the property fronts onto Regional Road 34 (Courtice
Road) which is a Type A arterial. As a condition of severance, the applicant is
required to convey a 3.05 metre road widening to the Region of Durham. No
future access to Courtice Road will be permitted, and in the future, when the
retained lands are developed, the applicant will be required to provide reciprocal
easements for internal access in favour of the Municipality of Clarington.
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REPORT NO.: PD-1-97
PAGE 5
9. STAFF COMMENTS
9.1 The applicant is proposing to rezone 0.774 ha (1.9 acres} of a 20 ha (50 acre)
parcel to permit the severance of two existing residential dwellings. The subject
property is within the Avondale Neighbourhood of the Courtice Urban Area. The
Avondale Neighbourhood is predominantly developed and has an approved
Neighbourhood Design Plan in place. The Neighbourhood Design Plan provides
the potential road layout, school locations and lotting configuration for
development of the area.
9.2 The approval of the Clarington Official Plan in 1996, extended the urban area
boundary to include the majority, if not all of the 20 ha (50 acre) parcel within the
Courtice Urban area. As a result, development interests on the subject lands
have increased. The applicant is attempting, at this time, to rezone a portion of
the total land holding to permit the severance of the existing two residences. This
would than create a parcel of approximately 19 ha (48 acres) for future
development. This application does not propose any development on the
balance of the lands. The proposed residential lots conform to the policies of
both Official Plans and are deemed to conform with the Neighbourhood Design
Plan. The conditions of approval from the Durham Region Health and Works
Department can be addressed through the future severance applications.
10. CONCLUSION
10.1 The purpose of this report is to facilitate the Public Meeting as required by the
Planning Act, and to provide General Purpose and Administration Committee
background on the application, as well as indicate any issues or areas of
concern. It is recommended the application be referred back to Staff for further
processing and subsequent report upon receipt.
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REPORT NO.: PD-1-97
PAGE 6
Respectfully submitted,
t
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
CP*FW*df
t9 December 1997
Attachment #1 -Key Map
Attachment #2 -Neighbourhood Design Plan
Reviewed by,
~~~`! O~
W.H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Tunney Planning Inc.
340 Byron Street South
Suite 200
Whitby, Ontario
L1 N 4P8
Mr. Archibald Muir
2470 Courtice Road
Courtice, Ontario
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