HomeMy WebLinkAboutPD-29-98THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN:DEV97079.GPA
REPORT
Meeting: General Purpose and Administration Committee File #~14 .~e~• `~'-7~v7
Date: Monday, February 16, 1998 Res. ~~'~"lo~l "~~
Report #: PD-29-98 File #: DEV 97-079 By-law #~~~r
Subject: RE20NING APPLICATION - MUIR
PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
2450 & 2470 COURTICE ROAD
FILE NO.: DEV 97-079
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-29-98 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 APPROVED;
3. THAT the amending By-law attached hereto be forwarded to Council for approval;
4. THAT the "H" -Holding symbol in the amending By-law not be removed until such
time the applicant has satisfied the conditions of the Land Severance applications;
5. THAT a copy of this report and the amending By-law be forwarded to the Region
of Durham Planning Department; and
6. THAT 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 Type
One ((H)Ri)" to an appropriate zone to permit the severance
of two (2) existing single family residential lots.
1.4 0.77 ha (1.9 acres)
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REPORT NO.: PD-29-98
PAGE 2
2. LOCATION
2.1 The property subject to rezoning is composed of 0.77 ha with two single family
dwellings, municipally known as 2450 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 was received on September 30, 1997. The Public
Meeting, as required under the Planning Act, was held January 5, 1998. At the
Public Meeting, the applicant's agent was the only person to speak on the
application.
3.2 The 0.77 ha land area subject of the rezoning application, is currently part of a
larger 20 ha (50 acre) parcel. The two existing residences are located in the
north-east corner of the land holdings. The application is proposing to rezone
sufficient land area to allow the severance of the existing two dwellings.
3.3 Applications for land severance were filed with the Region of Durham Land
Division Committee the first week of February and are scheduled to be heard on
March 16, 1998.
4. EXISTING AND SURROUNDING USESM ""
4.1 Existing Uses: Two single dwellings and lands used for
agricultural purposes.
4.2 Surrounding Uses: East - Courtice Road, a single family dwelling
and agricultural land
West - existing residential subdivision and a
newly developing residential subdivision
South - agricultural land and limited residential
development fronting on Courtice Road
North - .existing residential subdivisions
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REPORT NO.: PD-29-98
5. OFFICIAL PLAN POLICIES
PAGE 3
5.1 Within the Durham Region 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 Regional policies require urban areas to develop
on the basis of full municipal services. Full services are currently not available to
the two residences. Should the rezoning application be approved, 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.
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.
5.3 Both the Durham Region Official Plan and the Clarington Official Plan, identify
Courtice Road as a Type A arterial road. The policies of the Plans encourage
limited access to Type A arterials. Although existing access points to the two
residences are permitted to remain at this time, through the Land Severance
appliations, the owner will be required to enter into a second Agreement with the
Region of Durham ensuring that existing accesses to Courtice Road are removed.
5.4 Council has approved a Neighbourhood Design Plan for the Avondale
Neighbourhood in accordance with Section 9.5 of the Clarington Official Plan.
The rezoning and proposed lots for the existing residences have been reviewed
within the context of this plan. Staff are satisfied that the 0.77 ha conforms to the
planned layout. Furthermore, full municipal services and access for the existing
dwellings can be provided from the future local road network. The application
appears to conform with the Clarington Official Plan.
6. ZONING BY-LAW PROVISIONS
6.1 The subject lands are predominantly zoned "Agricultural (A)" and in part "(Holding)
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REPORT NO.: PD-29-98
PAGE 4
Urban Residential Type One ((H)R1)". The Agricultural zone would not permit the
creation of new lots on less than 40 ha (100 acres), hence the need for rezoning.
7. AGENCY COMMENTS
7.1 In accordance with departmental procedures, the application was circulated to
obtain comments from various appropriate agencies and departments. The
following departments/agencies, in providing comments, offered no objection to
the application as filed:
• Central Lake Ontario Conservation Authority;
• Clarington Public Works;
• Fire Department.
7.2 Regional Planning Staff provided a coordinated response on behalf of the
Regional Works Department, Regional Health and themselves. The comments
advise 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 of the severance
applications, the two homes 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.
7.3 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
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REPORT NO.: PD-29-98
PAGE 5
balance of the 20 ha are developed, the applicant will be required to provide
reciprocal easements for internal access, for the two existing residences, in favour
of the Municipality of Clarington.
8. STAFF COMMENTS
8.1 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 and park locations, and general lotting
configuration for development of the area. The rezoning and proposed
severances would appear to conform.
8.2 Approval of the Clarington Official Plan in 1996, extended the Courtice Urban area
boundary from approximately following the north limits of the applicant's land
holdings, to approximately following the south limits of the 20 ha parcel. As a
result, development interests on the subject property have since increased. The
rezoning, if approved, would allow for the severance of the two existing dwellings,
and retention of approximately 19 ha (48 acres) for future development.
8.3 The application appears to be in conformity with both the Region of Durham
Official Plan and the Clarington Official Plan polices, and the application does not
appear to impact any Provincial Policy requirements. In addition, the
requirements of the Durham Region Health and Works Departments can be
addressed through the required severance applications.
9. CONCLUSION
9.1 In consideration of the comments contained within this report, and the comments
received from the circulated agencies and departments, it is recommended that
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REPORT NO.: PD-29-98
PAGE 6
Committee and Council approve the Zoning By-law Amendment, as attached
hereto, to rezone the existing dwellings to permit the severance of the 0.77 ha
from the 20 ha parcel. The "(H) -Holding Symbol" will be removed by By-law at
such time as the conditions of the severance applications have been satisfied.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
CP*FW*df
5 February 1998
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
Attachment #1 -Key Map
Attachment #2 -Excerpt from Neighbourhood Design Plan
Attachment #3 -Zoning By-law
Interested parties to be notified of Council and Committee's decision:
Tunney Planning
340 Byron Street Suite 200
WHITBY, Ontario
Li N 4P8
Mr. Archibald Muir
2470 Courtice Road
COURTICE, Ontario
Li E 2MB
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ATTACHMENT #1
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® LANDS TO BE REZONED BY DEV. 97-079
687
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
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 to allow
the future severance of two existing residences (DEV 97-079);
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone category from:
"Agricultural (A)" to "Urban Residential Exception -Holding ((H)R1-16)"; and
"Urban Residential Type One -Holding ((H)R1) to "Urban Residential Exception -
Holding ((H)R1-16)";
as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. 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 1998.
BY-LAW read a second time this day of 1 ggg,
BY-LAW read a third time and finally passed this day of 1998.
MAYOR
CLERK
688
This is S chedule "A" to By-law 98- ,
passed this day of 1998 A.D.
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ZONING CHANGE FROM "(H)R1" TO "(H)R1-16"
®ZONING CHANGE FROM "A" TO "( H)R1-16"
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LOT 30 LOT 29
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