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Report To: Planning and Development Committee
Date of Meeting: December 10, 2018
Report Number: PSD-081-18 Resolution Number:
File Number: ZBA2018-0015 By-law Number:
Report Subject: Application by Kyle Roberts to amend the Zoning By-law to facilitate
the creation of one additional single detached lot at 46 Lawson Road
in Courtice
Recommendations:
1.That Report PSD-081-18 be received;
2.That the application for rezoning ZBA2018-0015 submitted by Kyle Roberts continue to
be processed, including the preparation of a subsequent report; and
3.That all interested parties listed in Report PSD-081-18 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-081-18 Page 2
Report Overview
Staff is seeking the public’s input regarding a proposal by Kyle Roberts on behalf of Paul and
Cathy Powers to amend the Zoning By-law to rezone lands from “Agricultural (A)” to allow the
creation of one additional single detached lot fronting on Lawson Road.
1. Application Details
1.1. Owner: Paul and Cathy Powers
1.2. Applicant/Agent: Kyle Roberts
1.3. Proposal: Amend Zoning By-law 84-63 to rezone from “Agricultural (A)” to
an appropriate zone to allow the creation of one additional lot
with a frontage of approximately 26 metres.
1.4. Area: 0.2 hectares (0.51 acres)
1.5. Location: 46 Lawson Road, Courtice
Part Lot 35, Concession 3, Former Township of Darlington
1.6. Roll Number: 18-17-010-100-18100
1.7. Within Built Boundary: Yes
2. Background
2.1 The proposal is to rezone the property known as 46 Lawson Road to allow the creation of
one additional lot for a single detached dwelling with a frontage of approximately 26 metres
(85 feet). The existing dwelling and accessory building on the retained lot are to remain.
Municipal water and sewer services and available to the subject site from Lawson Road.
The future lot is proposed to be serviced by a Municipal piped water system, Municipal
sewage system for sewage disposal and storm sewers for storm water drainage.
2.2 Reports submitted in support of the application include:
Environmental Impact Study;
Stages 1 and 2 Archaeological Assessment; and
Site Screening Questionnaire.
Municipality of Clarington
Report PSD-081-18 Page 3
Figure 1: Site Map
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are 0.2 hectares (0.51 acres) with an existing single detached dwelling,
fronting onto Lawson Road. There is a water course and wooded area directly east of the
property running vertically from north to south. The property is currently used for residential
purposes.
Municipality of Clarington
Report PSD-081-18 Page 4
Figure 2: Existing Dwelling
3.2 The surrounding uses are as follows:
North - Single Detached Dwellings on Large Urban Residential Lots
South - Single Detached Dwellings and beyond, Harmony Creek
East - Old Varcoe Road and beyond, Environmental Protected Lands and an
Existing Residential Subdivision
West - Single Detached Dwellings
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement encourages the efficient use of services with cost-
effective development patterns, a mix of residential dwellings and opportunities for
intensification and redevelopment in accordance with provincial targets.
4.2 The proposal is consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.3 The Growth Plan encourages a diverse mix of land uses to create complete communities.
Fifty percent of all annual residential growth shall be through intensification within the built
boundaries. The proposed division of an existing property to allow the construction of an
additional single detached dwelling fronting on Lawson Road is intensification within the
built-up area of Courtice.
Municipality of Clarington
Report PSD-081-18 Page 5
4.4 The proposal conforms to the Growth Plan.
5. Official Plans
Durham Region Official Plan
5.1 The Durham Region Official Plan designates the subject lands Living Area. The policies
of the Plan generally promote infill and intensification.
5.2 The proposal conforms to the Durham Regional Official Plan.
Clarington Official Plan
5.3 The Clarington Official Plan designates the subject property Urban Residential – Low
Density.
5.4 The proposal conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 The subject property is zoned “Agricultural (A)”. Where the agricultural zone is used in
urban areas it functions as a Holding zone. Therefore, the subject rezoning is required.
7. Summary of Background Studies
Environmental Impact Study
7.1 The applicant retained Niblett Environmental Associates Inc. to prepare an
Environmental Impact Study (EIS) in favour of the development proposal.
7.2 The EIS concludes that the rezoning and severance of the subject property will not have
a significant impact on Harmony Creek, its associated riparian vegetation, nor the
Harmony-Farewell Iroquois Beach Wetland Complex PSW. The EIS recommends a
revised boundary of the Provincially Significant Wetland and that the wetland on the
property be retained and no clearance or maintenance activity occur.
Stage 1 and 2 Archaeological Assessment
7.3 The applicant retained York North Archaeological Services to prepare a Stage 1 and 2
Archaeological Assessment in favour of the development proposal.
7.4 Stage 1 is a background study and determined the subject property had potential for the
recovery of archaeological resources of cultural heritage value. The Stage 2
assessment consisted of a Shovel Test Pit Survey. It did not result in the identification
of archaeological resources. It recommended no further archaeological assessment of
the property.
Municipality of Clarington
Report PSD-081-18 Page 6
Site Screening Questionnaire
7.5 The Regional Site Screening Questionnaire was completed. There were no concerns
flagged for which precautions will have to be taken.
8. Public Notice and Submissions
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
lands on November 6, 2018. Public meeting signs were installed on the property,
fronting onto Lawson Road on November 9, 2018.
8.2 At the time of finalizing this report no inquiries have been received.
Figure 3: Notice of Proposed Zoning By-law Amendment
9. Agency Comments
Central Lake Ontario Conservation Authority (CLOCA)
9.1 The Central Lake Ontario Conservation Authority has reviewed the application and
supporting Environmental Impact Studies for the proposed development. They require
additional information, including an updated Environmental Impact Study and a site visit
with municipal staff and the applicant/owners prior to being able to support the approval
of the rezoning application.
Municipality of Clarington
Report PSD-081-18 Page 7
The Regional Municipality of Durham
9.2 The application was circulated to Durham Planning, the Durham Regional Health
Department and the Durham Regional Works Department. As per the comments
received on September 17, 2018, Regional Staff have no objection to the rezoning
application.
10. Departmental Comments
10.1 The Clarington Building Division, Engineering Services Department and Emergency and
Fire Services Department have no objections or concerns with the application.
11. Discussion
11.1 CLOCA has requested that the Environmental consultant provide some enhancement to
various sections of the Environmental Impact Study that should be addressed in a final
copy of the document. Further, a site visit has been recommended with CLOCA staff,
municipal staff as well as the consultant and owner to stake the top of bank in order to
inform the limits of the lands.
11.2 On October 17, 2018 a status letter was sent to the applicant outlining comments
received and Staffs review of the application. It further identified the need for revised
supporting document. Staff are still processing the application and expect to receive a
subsequent submission and conduct a site visit in due course.
11.3 The proposed infill development will utilize existing municipal services and is generally
consistent with Provincial, Durham Regional and Clarington land use policies. The
proposed lot for single detached dwelling would be similar to the pattern in the
surrounding neighbourhood, especially along the south side of Lawson Road.
11.4 No other significant issues have been raised to date regarding this proposed Zoning By-
law amendment.
12. Conclusion
The purpose of this report is to provide background information on the proposed Zoning
By-law amendment to allow an infill lot fronting onto Lawson Road in Courtice. The
application was submitted by Kyle Roberts (on behalf of Cathy and Paul Powers) for the
Public Meeting under the Planning Act. Staff will continue the processing of the
application including the preparation of a subsequent report considering any public input
received at this meeting.
Municipality of Clarington
Report PSD-081-18 Page 8
Submitted by: Reviewed by:
Faye Langmaid, R.P.P, FCSLA Andrew C. Allison, B. Comm, LL.B
Acting Director of Planning Services Chief Administrative Officer
Staff Contact: Amanda Tapp, Planner II, 905-623-3379 ext. 2420 or atapp@clarington.net
The following is a list of the interested parties to be notified of Council’s decision:
Kyle Roberts
Cathy and Paul Powers
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