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HomeMy WebLinkAboutPSD-061-11 cjjfgton y REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 11, 2011 Resolution #:aPA-Wf96/l By-law#: aoii- 676 Report#: PSD-061-11 File#: ZBA 2011-0010 Subject: REZONING APPLICATION TO FACILITATE THE SEVERANCE OF ONE RESIDENTIAL LOT APPLICANT: R. & E. SOBCZAK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-061-11 be received; 2. THAT provided there are no significant issues raised at the public meeting, the application to amend Zoning By-law 84-63 to facilitate the severance of a lot for a single detached dwelling be approved and that the Zoning By-law Amendment contained in Attachment 2 be passed; 3. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-061-11 and any delegations be advised of Council's decision. a Submitted by: III Reviewed by:v � `'LQ _7_, 43_,, Davis J. rfi:me, CIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer BR/CP/df 5 July 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO LIC 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-061-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Roman and Elzbieta Sobczak 1.2 Proposal: To rezone the lands to an appropriate zone to facilitate the severance of one (1) residential lot with a 21.58 metre frontage, while retaining a residential lot with a 15.06 metre frontage and the existing dwelling 1.3 Area: 0.298 hectares (0.737 acres) 1.4 Location: 28 Lawson Road, Courtice (see Attachment 1) 2.0 BACKGROUND 2.1 On April 15, 2011, Roman and Elzbieta Sobczak submitted an application to rezone their property to facilitate the severance of one residential lot. The application has been deemed complete and circulated to the relevant departments and agencies. 2.2 On April 19, 2011, Roman and Elzbieta Sobczak submitted an application for land division of their property. The Land Division Committee Office circulated the land division application to Clarington on May 17, 2011. Clarington staff provided positive comments on the application to the Land Division Committee Office, subject to conditions of approval including approval of the Zoning By-law Amendment. The Land Division Committee approved the application, subject to conditions, at their June 13, 2011 meeting. No one attended the meeting in opposition of the application. The rezoning will have to be approved in order for staff to issue Clarington's Land Division clearance letter. 2.3 The applicants have submitted an Environmental Noise Impact Study with their rezoning application and it is anticipated the recommendations of this study will be part of the development agreement for the above-mentioned land division. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property contains a single detached dwelling on a wide residential lot. The existing dwelling is located closer to the west boundary of the property, thereby providing much room for a second dwelling on the east side of the lot (see Figure 1 on page 3 of Report PSD-061-11). REPORT NO.: PSD-061-11 PAGE 3 �=xy� , c.aon Ra.i 4 ih m y . .,,,.e,.t. 3M x`xm.,x ., .,- .:t ✓k:r,`%, ,,,5 A i Tr _ FIGURE 1 -SOBCZAK PROPERTY 3.2 The surrounding uses are as follows (see above Figure 1): North: Vacant South: Lawson Road, and to the south, Single Detached Residences East: Single Detached Residences West: Single Detached Residences 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) promotes opportunities for intensification, including infilling, where it can be accommodated. The availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs must be taken into account. Planning authorities are required to provide for a range of housing types and densities. A ten year supply of designated residential lands and a three year supply of residentially zoned and serviced lands are required. The application conforms to the 2005 Provincial Policy Statement. 4.2 Provincial Growth Plan The Provincial Growth Plan directs growth to built-up areas where the capacity exists to best accommodate the expected population. The guiding principles include building REPORT NO.: PSD-061-11 PAGE 4 compact, vibrant and complete communities while optimizing the use of existing and new infrastructure to support growth in a compact efficient form. As the application for zoning amendment is within the built boundary, it conforms to the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the property as within Living Areas. Lands designated Living Areas are to be used predominantly for housing with a wide variety of types, sizes and tenure. Intensification of existing areas is encouraged. The application conforms. 5.2 Clarington Official Plan The Clarington Official Plan designates the property Urban Residential. Urban Residential lands are to be predominantly used for housing. The application conforms. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63, as amended, zones the subject lands "Agricultural (A)". An amendment to the By-law is required in order to facilitate the severance of the property into two single detached lots, (the new lot being vacant and the retained lot having the existing dwelling) hence, this application. The existing residential use has deficient interior side yard setbacks and dwelling unit area relative to standard zone provisions. This will need to be addressed through this rezoning. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 The Environmental Noise Impact Study concluded there could be potentially increased noise levels from Townline Road North (a Type `B' Arterial) and the future Adelaide Avenue East Extension (a Type `C' Arterial). The severed parcel's outdoor amenity area/rear yard could be affected and hence, the need for a warning clause to be registered on title for said parcel. The said parcel's proposed dwelling must have forced air ducting, sized to accommodate a central air conditioning unit and these two additional clauses must be registered on title. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject property. This notice was mailed shortly before the postal strike but, individuals should have received notice. Furthermore, the Region provided public notice for the related land division application. Public notice signage was installed on the property 26 days prior to the public meeting date. REPORT NO.: PSD-061-11 PAGE 5 8.2 No inquiries were received on the application at the time of writing this report. 9.0 AGENCY COMMENTS 9.1 The application has been circulated to the appropriate departments and agencies for comment. 9.2 Central Lake Ontario Conservation has no objections to the proposed rezoning. However, they did make a few comments on the submitted land severance and grading plans that require minor adjustments to the site layout. Planning staff forwarded these comments to both applicant and consultant. 9.3 Durham Regional Planning stated the proposal is permitted by the Durham Regional Official Plan, and generally conforms to the Growth Plan for the Greater Golden Horseshoe. The subject property is near Townline Road North, a Type 'B' arterial road. The applicant submitted an Environmental Noise Impact Study. The Region requires the noise abatement measures be implemented through the applicant's Agreement with the Municipality of Clarington, to the satisfaction of the Region. 9.4 Durham Regional Works remarked the subject property's existing dwelling is connected to watermain and sanitary sewer. The severed (vacant) parcel is subject to watermain (existing) frontage and water connection (not existing) charges. For said parcel, the sanitary sewer frontage charge was paid previously but, the parcel is subject to the sanitary sewer connection charge. Regional Development Charges apply to the severed parcel. 10.0 STAFF COMMENTS 10.1 Through the Environmental Noise Impact Study the noise mitigation measures have been identified. They will be implemented through an agreement with the Municipality of Clarington. The land division application will not be finalized until the rezoning has been finalized. The zoning deficiencies identified earlier, in Section 6.1 of Report PSD- 061-11, are recognized through an Exception zone. 10.2 The street is made up of a variety of lot frontages and lot areas. The applicant proposes to create a 15 metre wide lot for the existing dwelling, and a 21.5 metre wide lot for the new dwelling. These lot frontages and areas will not be out of place on the street. The zoning will allow the consent condition to be satisfied and allows for intensification from the existing situation. 10.3 The existing dwelling lot requires two parking spaces, each 5.7 metres long. The existing driveway has ample width for two spaces but the length of the spaces to the existing fence and gate is deficient. The fence and gate must be relocated north 1.2 metres prior to the land division clearance letter being sent. REPORT NO.: PSD-061-11 PAGE 6 10.4 Clarington Engineering Services requires: • A grading plan that demonstrates no increase in stormwater runoff to adjacent properties. • The driveway configuration as shown must be changed since kinked driveways are not permitted. • The property has been stubbed for storm sewer and sanitary sewer services but, a road occupancy permit is needed to connect to water service in the boulevard, and the boulevard must be restored with a restoration security required at that time. • The applicant is to pay a storm sewer connection charge to Clarington at the time of building permit application. 11.0 CONCLUSIONS 11.1 Provided there are no significant objections raised at the Public Meeting, approval of the application and adoption of the by-law contained in Attachment 2 is recommended. Staff Contact: Bob Russell Attachment: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: R. & E. Sobczak R. Larocque Attachment 1 To Report PSD-061-11 o� are � 3nroa C v aeoa aoowno�o avo 3o O O 0 CL O° E 8 � Q N c r 3 w wl C J m WO N c d 16 c d Q Oa 3NIWM01 HIHON OtlOa 3hnNM01 Q O ,9 i55 N a p I S J y ° � '� 2 ® I I Z � O e Q �w;•ze 3Nn z cv Q� pp � g I Attachment 2 To Report PSD-061-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for 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 Corporation of the Municipality of. Clarington for ZBA 2011-0010; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12 "URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by introducing a new subsection"12.4.83 URBAN RESIDENTIAL EXCEPTION (R1-83)ZONE as follows: "12.4.83 URBAN RESIDENTIAL EXCEPTION (R1-83)ZONE Notwithstanding Sections 12.2 d. iii) b); and 12.2 e. i)a)those lands zoned R1-83 on the Schedules to this By-law shall be subject to the following zone regulations: a. Interior Side Yards 2.4 metres on one side, and 0.5 metres on the other b. Dwelling Unit Area—single detached dwelling (minimum) i) 1 storey or split level 75 square metres" 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone"to "Urban Residential Exception (R1-83) Zone"; and from "Agricultural (A) Zone" to "Urban Residential Type One(R1)Zone"as illustrated on the attached Schedule"A" hereto. 3. Schedule "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 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2011 - , passed this day of , 2011 A.D. LAWSON ROAD N ® Zoning Change From"A"To"R1" ®Zoning Change From"A"To"R1-83" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk IAWSON ROAD 4 K O FWABWKISHCOU/� NRF/V IANE O Q Cr rc d COURTICE o ZBA2011-0010 HARTSFlEDDRIVE SCHEDULE4