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Home My WebLink AboutPD-006-00 DN: PD-006-00 * THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # ]) I ()-i..u~ S /19 Res. #0fIf-Jtl-rTO 'Date: Monday, January 17,2000 Report #: PD-006-00 File #: LD 255/99 By-law # Subject: LAND DMSION APPLICATION APPLICANT: HALMINEN, K. & E. PART LOT 33, CONC. 3, FORMER TOWNSHIP OF DARLINGTON, WEST SIDE OF TOOLEY ROAD, NORTH SIDE OF NASH ROAD FILE: LD 255/99 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-006-00 be received; 2. THAT the decision of the Land Division Committee with respect to application LD 255/99 be appealed to the Ontario Municipal Board and the Municipality's solicitor be authorized to attend the hearing to appeal the Land Division Committee's decision; and 3. THAT the Secretary-Treasurer of the Durham Land Division Committee, the Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Halrninen, K. & E. 1.2 Agent: Halrninen, P. 1.3 Severance: to sever a vacant 1,834 m2 residential lot while retaining a 2,212 m2 lot with a dwelling 1.4 Area: 0.405 hectares (1.0 acres) 2. LOCATION 2.1 The subject property is an existing lot located on the west side of Tooley Road, north of Nash Road. The property is further described as being in Part Lot 33, Concession 3, former Township of Darlington. 616 REPORT PD-OOG-OO PAGE 2 3. BACKGROUND 3.1 On August 18, 1999, a request forcommerits was first received from the Durham Land Division Committee for a severance application on the property with the municipal street address of 3238 Tooley Road. The application proposed to sever a vacant 1,834 sq.m. residential lot, retaining a 2,212 sq.m. lot with a dwelling. The severed parcel is to have 27.35m of frontage and the retained parcel is to have 33.0Orn of frontage with both frontages on Tooley Road. 3.2 The Municipality's comments to the Land Division Committee identified the fact that the Municipality is in the process of preparing a Neighbourhood Design Plan for the lands located south of the (northern) Courtice Urban Area boundary, east of Centrefield Drive, north of Nash Road, and west of Farewell Creek. This area represents the east portion of the Worden Neighbourhood in Courtice. A Neighbourhood Design Plan is required' as per the Clarington Official Plan and to implement the Minutes of Settlement on Referral No.4 to the Clarington Official Plan. The comments concluded that the proposed severance is within the study limits and is therefore considered premature until the neighbourhood design plan is completed. Consequently, staff requested the application be tabled to allow completion of the Neighbourhood Design Plan. 3.3 At their Decernber 13, 1999 Meeting the Land Division Committee approved the application. The agent, Mr. P. Halrninen noted in writing that severances had been granted in the immediate area of the subject property including on some abutting properties. However, it must be recognized that none of the severance examples are recent (1986, 1991 and 1994). All of them predate the adoption and approval of the Clarington Official Plan (January 29, 1996 and October 31, 1996, respectively). Prior to 1996, the Municipality was not in a position to object to these severances. 617 , REPORT PD-006-00 PAGE 3 3.4 The last day of appeal for the above Land Division Committee Decision is Tuesday, January 11, 2000. Given this tirneframe, it waS prudent to prepare the notice of appeal (with the appropriate application fee).as soon as possible. The appeal letter and fee have been forwarded directly to the Secretary-Treasurer of the Land Division Committee. Should Committee and Council not concur with the decision to appeal, the appeal will be withdrawn. 4. CONCLUSION 4.1 In consideration of the comments contained in this report and the policies of the Clarington Official Plan it is recommended th!1t the referenced consent application be appealed to the Ontario Municipal Board. Furthermore, it is recommended that the Municipality's solicitor be authorized to attend the Board Hearing to defend Committee and Council's position. Respectfully submitted, Reviewed by, o~~~ D d. Crome, M.C.I.P., R.P.P. Direc or of Planning and Development BR*LDT*DJC*cd Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer Attachment #1 - Site Location Key Map Attachment #2 - Proposed Lotting Pattern Interested parties to be notified of Council and Committee's decision. Kauko and Elma Ha1rninen 3238 Tooley Road Courtice, Ontario LIE 2K7 Paul Ha1rninen 619 Mill Street South Newcastle, Ontario LIB lCl 618 ATTACHMENT 1 SUBJECT SITE ~ Worden East Neighbourhood LOT 34 LOT 33 LOT 32 ",,- '\. '\."'\: iI--' """~~,~ .~ , ~ s: ~ ~ ~ ~ ~ " .' ~ :-.. ~ ~ :' I- 11:;; r- :- f-. ~r-:- \'" ~ ' (\ \ I IlIl::<rr ~ ~ ~ L /2:[11 ~:=~ ~ - ~ _ ., r- .' :- ~ :- ~ :- .~ I ~~ .~ 9, T 0 ~) .:~ .J~~ :::::0 I L:: ' I I ~ -,; ~ ~ ~ ~ \ I - ~t= ~ - _ \~t= r- - I I- ::::: ( LLIJ I ---' ~ IJIQJIII_ ~ I...~...;: I H I I I I ~~ I / l -' L J I ~\ ~ \\ .-J ,; 0 ~ 3:) ) COURTICE KEY MAP LD. 255/1999 619 J.. J :('Cl / 'f)~~ z o (f) (f) w () z o () ~ i-Y ~ - 1-- ;; -~~ v""- / A I 1\\ '\ \ \~' \ / /-:j vl= ---'1 I- t=~ -LTn 11111 1\ ~ 1 L-/ I I ATTACHMENT 2 t?/A APPLICANTS Zoning: R1 LAND HOLDINGS 60.99m L[) ~ <D ~ Existing E .q- House ~ .q- .q- rr) rr) 60.99m '"0 Cl c: 134.11m 0 <C rr) 0 rr) 0::: rJ) +' Part 2, Plan 1OR-3801 0 ~ --' c: Zoning: (H)R1 Q) -.J Q) 0 ~ 0 +' Q) I- .t::J 134.14m Q) c: :.J E Existing OJ ~ House .q- rr) E rr) 0 ~ Part of Lot 33, Concession 3 Part 1. Plan 10R-3801 Applicant: Kauko and Elmo Halminen LD.255/1999 620