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DN,: PD-068-00
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
,
Meeting:
Date:
Report #:
Subject:
REPORT
General Purpose and Administration Committee
File # 7)J'imff .;boryD J I
Res.rc!11-313--oo
By-Iaw#)1Q?-;/J /
Monday, July 3, 2000
PD-068-00
File #: ZBA 2000-011
REZONING APPLICATION
APPLICANT: TONY SLAVIN
PART LOT 35, CONCESSION 3, FORMER TOWNSHIP OF
DARLINGTON
FILE: ZBA 2000-011
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
2.
3.
4,
5.
THAT Report PD-068-00 be received;
THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the
former Town of Newcastle, submitted by Tony Slavin be APPROVED;
THAT the amending By-law attached to Report PD-068-00 be forwarded to the Council
for approval;
THAT a copy of Report PD-068-00 and the amending By-law be forwarded to the
Durham Region Planning Department; and,
THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1.
1.1
APPLICATION DETAILS
Applicant:
Tony Slavin
1.2
Rezoning:
From "Agricultural (A)" to ''Urban Residential Type One (RI)" for the
severed lot at 27 Lawson Road and from "Agricultural (A)" to "Urban
Residential Exception (RI-52)" for the retained lot, at 29 Lawson Road.
649
REPORT PD-068..00
PAGE 2
1.3
Site Area:
Retained Lot at 29 Lawson Road = 2105 m2 (0.52 ac)
Severed Lot at 27 Lawson Road = 1862 m2 (0.46 ac)
2. LOCATION
2.1 The subject lands are located at 29 Lawson Drive in Courtice. (See Attachment #1). The
property is contained within Part Lot 35, Concession 3, in the former Township of
Darlington.
3. BACKGROUND
3.1 On March 31, 2000, the applicant submitted a rezoning application to the Municipality of
Clarington to rezone subject lot at 29 Lawson Drive to permit the severance of a
residential lot.
3.2 A Public Meeting was held on May 15, 2000. No delegations appeared nor were any
concerns raised.
3.3 This subject lot is concurrently subject to Land Division Application LD 314/99 which
will sever a 1862 m2 lot, west of the existing dwelling. This application received
approval form the Land Division Committee on Monday, December 13, 1999, subject to
a number of conditions.
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject property contains a single detached dwelling unit on the eastern portion of
the lot, which has frontage and access to Lawson Road.
4.2 Surrounding Uses:
East: Residential
North: Residential
West: Residential
South: Residential (plan of Subdivision 40M-1742)
650
REPORT PD-068-00
PAGE 3
5. OFFICIAL PLAN POLICIES
5.1 The lands are designated "Living Area" within the Durham Region Official Plan. The
goal of the Living Area designation is to provide a full range of housing.
5.2 Within Clarington Official Plan, the subject lands are designated "Urban Residential".
The application conforms to the policies.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural (A)", which permits single detached
dwelling units with a minimum of 30 metres of frontage. The rezoning application is to
permit the development of a residential lot with a minimum lot frontage of 15 metres.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting notice sign was installed on the lands.
7.2 As ofthe writing of this report, no inquiries have been received on this application.
8. AGENCY COMMENTS
8.1 The Clarington Fire Department and the Regional Planning Department, have no
obj ections to the proposal.
8.2 The Clarington Public Works Department has no objections provided that the following
issues are addressed:
. The application shall provide two on-site parking spaces for both the retained and
severed parcels;
. The portion of the existing front porch that encroaches into the road allowance must
be removed by the owner. The owner will be responsible for 100% of the cost of any
modifications to the existing porch;
651
REPORT PD-068-00
PAGE 4
As this application 1S also subject to Land Division Application LD314/99, the
requirements of the Clarington Public Works Department are listed below for information
purposes.
. The Applicant/Owner must provide a Lot Grading Plan satisfactory to the Director of
Public Works;
. The applicant must provide a Grading and Drainage Deposit m the amount of
$1000.00;
. The applicant will be responsible for 100% of the cost of providing storm sewer
connections to both the severed parcel and the retained parcel. Storm sewer
connections must be installed in conjunction with the installation of sanitary sewer
and water service connections;
. The applicant will be required to provide a Servicing Plan that details the location of
all proposed service connections within the road allowance. The required plan must
provide for the removal of the surface course of asphalt on Lawson Road across the
entire width of the subject property, both severed and retained and also make
provision for appropriate restoration;
. The existing driveway located west of the existing dwelling straddles the proposed
property line and must be closed and the entrance restored to full curb;
. The Applicant will be required to make application for property access in conjunction
with this proposal for the severed parcel. The applicant is responsible for any costs
necessary to facilitate the construction of an entrance from the subject property to
Lawson Road;
. A performance guarantee estimate for the extemal works which form a connection to
the development is required.
. All works and services must be designed and construction in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipal Development By-law and applicable legislation and to the satisfaction of
the Director of Public Works;
. The applicant must meet all the requirements of the Public Works Department,
financial or otherwise;
652
REPORT PD-068-00
PAGE 5
. The applicant must provide an appropriate cash contribution in lieu of the normal
parkland dedication.
8.3 Central Lake Ontario Conservation (CLOC)has no objection to the application providing
the applicant receives written permission from CLOC prior to any grading or filling on
site.
8.4 Regional Works comments were received in conjunction with the concurrent Land
Division applicant LD314/99. They have no objection to the severance of the lot and
their requirements will be fulfilled through the land division process.
9. COMMENTS
9.1 Development of residential lots with a minimum lot frontage of 15 metres may occur,
with this rezoning application, providing municipal sewage and water services are
available. Regional water and sanitary sewer are available adjacent to the frontage of the
severed and retained land.
9.2 There is an existing dwelling on the eastern portion of the lot with a front yard setback of
3.05 metres (10.01 ft). This does not meet the current zoning by-law requirement of a
minimum of6 metres (19.7 ft) for front yard setback. The attached amending zoning by-
law will recognized the existing dwelling in its present location, but all new dwellings
built on the either the severed or retained parcel shall meet the standard zoning provision.
9.3 Although the driveway for the existing dwelling is only 3.05 metres in length, parking is
accommodated within the attached garage and the 3.35 metre (10.98 ft) eastern side yard.
Parking on the severed lot will be in compliance with the zoning by-law requirement for
two outdoor parking spaces.
9.4 The Clarington Works Department expressed concern that a front porch was constructed
after 1994 in the front yard extended into their road allowance. A site inspection June 22,
653
REPORT PD-068-00
PAGE 6
2000, showed that it has been removed by the applicant. The front door is now accessible
by a brick walkway and a small set of wooden steps.
9.5 The land division application (LD3l4/99), submitted in November of 1999, was
recommended for denial by Planning Staff, as the creation of this new lot would impede
the connection of the proposed Lightheart Drive to Lawson Road. Plan of Subdivision
40M-1742 made an allotment for Lightheart Drive and a concept plan showed the future
connection to Lawson Drive. Also, the present zoning, Agricultural (A), would not
permit the severance of a lot with a 15 metres of frontage.
The Land Division Committee approved the application for severance and Council did
not concur with staffs recommendation to appeal the decision. This rezoning application
facilitates the severance.
9.6 Staff recommend that a Holding symbol not be placed on the property as the Land
Division process will ensure that all conditions required by the various agencies and
departments are met through the Land Division process.
10. CONCLUSIONS
10.1 Based on the comments contained in this report, it is respectfully recommended that the
rezoning application be APPROVED.
Respectfully submitted, Reviewed by,
d Vee.--QQ~
D vi Crome, M.C,LP., R.P.P.
Director of Planning and Development
SA *DJC*cd
Franklin Wu, M.C.LP., R.P.P.
Chief Administrative Officer
Attachment #1 - Key Map
Attachment #2 - Site Plan
Attachment #3 - Amending By-law and Schedule
654
REPORT PD-068-00
PAGE 7
Interested parties to be notified of Council and Committee's decision:
Tony SlavinlRay Slavin
29 Lawson Road
Courtice, Ontario
L1 E 2K3
655
ATTACHME:NT'l .
SUBJECT SITE
29 LAWSON ROAD, COURTICE
LOT 35
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'1-
THE CORPORATION OF TIm MUNICIPALITY OF CLAR1NGTON
BY-LA WNUMBER 2000-_
ATTACHMENT '3
being a By-law to amend By-law 84-63, the Comprehensive Zoning By.
law for the fonner To\V11 of Newcastle
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 former Town of Newcastle to implement ZBA 2000-
011;
NOW THEREFORE BE IT RESOLVED 1HAT, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section "12" "Urban Residential Type One (Rt)" zone is hereby amended by adding thereto the
following new Special Exception 12.4.52 as follows:
"12.4.52 URBAN RESIDENTIAL EXCEPTION (RI-52) ZONE
Notwithstanding Section 12.2, the lands zoned Rl.52 on the attached Schedule "A" shall be subject
to the following zone regulations:
Yard Requirements (minimum)
Front Yard Setback
3 metres
For the purposes of this subsection the aforementioned yard requirement shall only apply to the
single family dwelling existing prior to July 10, 2000.
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 (Rl-52) Zone"
"Agricultural (A) Zone" to "Urban Residential Type One (Rl) Zone".
3. Schedule "A" attached hereto shall form part ofthe 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
2000.
BY - LAW read a second time this
day of
2000.
BY-LAW read a third time and finally passed this
day of
2000,
MAYOR
CLERK
D~b
,
This is Schedule "A" to By-law 2000- ,
passed this day of ,2000 A.D.
LAWSON
N72"18'OQ"E
17.37 19.17
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17.78 19.20
N69"27'50"E
I/'/~ZONING
~ZONING
CHANGE FROM "A" TO" R 1 "
CHANGE FROM "A" TO" R1-52"
Mayor
Clerk
COURTICE
~ SUBJECT SITE
~ 29 LAWSON ROAD, COURTICE
LOT 35
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