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.
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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
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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
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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
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® Zoning Change From"A"To"R1"
®Zoning Change From"A"To"R1-83"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
IAWSON ROAD
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