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HomeMy WebLinkAboutPSD-102-08Clarin n Leading theWay~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEEIL~ c Date: Monday, October 6, 2008 ~2Se~U r, 0Yt ~~®A "`5,~6"°D Report #: PSD-102-08 File #: ZBA 2007-0011 By-law #: ,~ L~- ~~ 3 Subject: PROPOSED ZONING BY-LAW AMENDMENT BY THE MUNICIPALITY OF CLARINGTON FOR 3289 TRUCES ROAD NORTH IN COURTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the folAowing: 1. THAT Report PSD-102-08 be received; 2. THAT the Zoning By-law Amendment to rezone lands owned by the Municipality of Clarington on the northeast corner of Trulls Road and George Reynolds Drive be APPROVED, as contaf ned in Attachment 2; 3. THAT Staff be authorized to complete all the necessary requirements to remove the Holding symbol; 4. THAT the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: David ,1''Crome, M.C.LP., R.P.P. Director of Planning Services Reviewed by: Franklin Wu, Chief Administrative Officer ~~~~~ I UFUsn/sh/df 1 October 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE ST EET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-102-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Proponent: The IUlunicipality of Clarington 1.2 Rezoning: To change portions of the current zoning to permit the development of four residential lots with a minimum lot frontage of 15 metres each. 1.3 Site Area: 0.95 hectares 1.4 Location: The subject lands are located at the northeast corner of Trulls Road North and George Reynolds Drive, 3289 Trulls Road North, Courtice (Attachment 1). 2.0 BACKGROUND 2.1 In November 2001 Council acquired a site at 2611 Trulls Road for a new fire station in Courtice. The new station opened in June of 2005. The building on the property subject to this application has been vacant since the new station was occupied. At a meeting held on September 25"', 2006, Council passed resolution #GPA-341-06 declaring the property identified as 3289 Trulls Road as surplus and offered for sale. 2.2 At a meeting held on March 26"', 2007 Council passed resolution GPA-278-07 authorizing the Chief Administrative Officer to make application for rezoning of the property, and to have the necessary reports prepared including an Environmental Site Assessment, an Environmental Impact Study, and engineering/survey plans. 2.3 The application to amend Zoning By-law 84-63 for 3289 Trulls Road North was deemed complete on May 9`h, 2008 and a Public Meeting was held on June 16"', 2008. The submission included a Phase 1 and Phase 2 Environmental Site Assessment and a draft Natural Heritage Evaluation which has since been finalized. These reports are summarized in Section ~.0 of this report. 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The south-west portion of the property is currently occupied by the former Courtice Fire Station and associated parking lot. To the east and northeast of the parking lot is a wooded area which contains a portion of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland. 3.2 Surrounding Uses North - large lot residential South - 12 metre wide residential lots East - George Reynolds Parkette West - 12 metre wide residential lots REPORT NO.: PSD-102-08 PAGE 3 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement 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. New housing is to be directed to locations where infrastructure and public services are available. The application is consistent with 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 compact, vibrant and complete communities while optimizing the use of existing and new infrastructure to support growth in a compact efficient form. This application for zoning amendment conforms with the Provincial Growth Plan. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The lands are designated Living Area within the Durham Regional Official Plan. Living . Areas shall be used predominantly for housing purposes. A Key Natural Heritage and Hydrologic Feature is identified on the property and its individual features and associated vegetation protection zone is to be identified and shown in more detail in the municipality's Official Plan and Zoning By-law. Limited development or site alteration is permitted in key natural heritage and/or hydrologic features, such as forest, fish and wildlife management amd minor recreational uses such as trails and picnic facilities. The application conforms to the Living Area policies and the environmental goals of the Durham Regional Official Plan. 5.2 Clarington Official Plan This property is designated Urban Residential and Environmental Protection in the Clarington Official Plan, The predominant use of lands designated Urban Residential shall be for housing purposes. The property has frontage on Trulls Road North, which is identified as a Type B arterial road. These roads are designed to move significant volumes of traffic and have aright-of-way width ranging from 30 to 36 metres. Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. The precise limits of these Areas are to be determined in consultation with the Conservation Authority. Map C1 Natural Heritage Features indicates that the property is within the Lake Iroquois Beach, a tributary of Farewell Creek runs through the eastern portion of the property, and the lot contains a Wetland and a Significant Valleyland. The wetland is a part of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland (PSW) and the limits are identified on Attachment 1. An Environmental Impact Study is to be undertaken for development applications located on lands within the Lake Iroquois Beach. Central Lake Ontario Conservation has assisted the Municipality and prepared a Natural Heritage Evaluation of the property in accordance with the Environmental REPORT NO.: PSD-702-08 4 Impact Study requirements of the Official Plan, which is discussed in Section 7.0 of this report. Residential development is to maintain a minimum setback of 30 metres from a PSW. The Natural Heritage Evaluation concludes that the proposed residential development will not negatively impact the identified natural heritage features. The application conforms to the Clarington Official Plan. 6.0 ZONING BY-LAW 6.1 The lands are zoned "Agricultural (A)" and "Environmental Protection (EP)" under Zoning By-law 84-63. The majority of the property is within the Environmental Protection zone .(Attachment 1). There is a small section of Agricultural zoning in the southeast corner and a larger section of Agricultural zoning in the northwest corner. The fire station building and parking area are located within the EP zone boundary. The station was constructed in 1979, prior to the approval of By-law 84-63. The recommendations of this report support a rezoning of the site to permit the development of four residential lots in the location now occupied by the fire station and related parking areas. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Phase 1 and Phase 2 Environmental Site Assessment A Phase 1 Environmental Site Assessment was conducted in May of 2007. The results of the assessment indicated that there were low to moderate potential for environmental impacts to the property. Many years ago there was a spill of approximately 20 to 30 L of diesel fuel onto the ground near a farmer diesel fuel aboveground storage tank, and the contents of a corroded drum observed in an outdoor metal shed, could not be confirmed. As a result a Phase 2 Assessment was completed. The Phase 2 Assessment indicated that no evidence of petroleum contamination was observed, no combustible vapour concentrations were measurable during the shallow vapour survey, no evidence of petroleum vapour concentrations, odours or staining were detected during a test pit program, and no evidence of petroleum impacts were detected during a water well decommissioning. The existing wells on the site were decommissioned as part of the Phase 2 Assessment. The report concluded that concentrations of petroleum parameters did not exceed the Ministry of Environment site condition standards. The property is suitable for planned future residential uses. 7.2 Natural Heritage Evaluation Central Lake Ontario Conservation assisted the Municipality by preparing a Natural Heritage Evaluation on the property. The report indicates that the eastern portion of the property is comprised of existing forest cover which includes a portion of the Harmony- Farewell Iroquois Beach Provincially Significant Wetland (PSW). A tributary of the Farewell Creek traverses through the eastern extent of the lot. The western portion of REPORT NO.: PSD-102-08 PAGE 5 the property is viewed as being in a developed state therefore the Authority views this area as providing no natural heritage features or functions to the eastern portion of the property and the existing natural features located there. The proposed residential development would be located 30 metres from the PSW and would not intrude into the vegetation on the eastern portion of the site. The eastern portion of the site with its woodlot, PSW and creek tributary, has been identified as an area of high environmental sensitivity within the Authority's Environmental Sensitivity Mapping Project prepared by Gartner Lee Limited in 1978. The existing natural features have been classified under their Ecological Land Classification system. Authority staff state that a proposal for residential lots within the existing developed portion of the property could be supported provided that the lots were limited to this area. By limiting development to the disturbed portion of the site the required setbacks of 15 metres from a PSW and 5 metres from the drip line of existing forest cover would be exceeded by approximately 10 metres. They support the removal of the asphalt as it would result in a more pervious surface. The Environmental Protection zoning on the property covers much of the site but its precise limits are to be determined in the evaluation of development applications. The Authority have reviewed their files and have conducted field investigations on the site and are advising that the current EP zoning does not accurately reflect the lands that they have determined should be zoned EP. They are recommending that the EP boundary be adjusted so that it only includes the PSW and the Farewell Creek tributary as shown on Attachment 1. This adjustment to the EP boundary is reflected in the proposed By-law amendment. Authority staff recommend that the existing forested area east of the paved area remain in municipal ownership as is proposed, that appropriate fencing be installed to limit intrusion into the natural features by -the public and domestic pets, that future homeowners be provided with a homeowners package which would describe the environmental sensitivity of the area and offer suggestions in regards to landscaping practices and other measures that could be undertaken to presence the sensitivity of the surrounding natural areas, and that any future development proposal beyond the residential development proposed in this application be required to undertake all required studies which may include a scoped Environmental Impact Study. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site and Public Meeting signs were installed on the property along the Trulls Road and George Reynolds Drive frohtages. The Public Meeting was held on June 16~h, 2008 and two members of the public spoke in opposition. REPORT NO.: PSD-102-08 PAGE 6 One resident expressed concerns with regards to the dumping of debris on the designated wetland area and she would like to see provisions included to address the debris being placed on the wetlands. She was in agreement with the public being educated through a homeowners package. Another resident would like to see a 5 metre setback included in the recommendations and have the ownership of the wetlands stay with the municipality with the words "conservation protection area" included. She referred to a guide from 1994 which she would like to have used for this area and she would like to see the lands protected forever. 9.0 AGENCY COMMENTS. 9.1 The application has been circulated to the appropriate departments and agencies for comment. 9.2 The Kawartha Pine Ridge District School Board, Rogers Cable, the Clarington Operations Department, the Clarington Emergency Services Department, and the Clarington Engineering Services Department have no objection to the proposed rezoning. 9.3 The Clarington Engineering Services Department have provided additional comments in regards to the location of future utility services, requirements for engineering drawings and lot grading and servicing plans, works within the boulevards, performance guarantees, road damage deposits and cash-in-lieu of parkland dedication. All of these requirements. will have to be fulfilled prior to the Holding symbol being removed and residential construction proceeding. 9.4 Comments from the Central Lake Ontario Conservation Authority have been discussed in Section 7. 9.5 The Region of Durham Planning Department have noted that the property abuts a Type "B" arterial road in the Durham Region Official Plan. A noise impact study is required to identify any potential impacts from vehicular noise and to identify appropriate noise mitigation measures. The study is to be submitted to the Region for review and any noise attenuation measures recommended in the study are to implemented as a condition of the removal of Holding. A Record of Site Condition (RSC) for the Phase 1 and Phase 2 Environmental Site Assessment reports must be submitted to the Ministry of the Environment. An acknowledgement letter from the Ministry, which acknowledges the RSC and indicates the site has not been selected for audit, is to be provided to the Region in accordance with Regional policy. They are requesting that the Holding symbol not be removed until the acknowledgement letter is received and reviewed. REPORT NO.: PSD-102-08 PAGE 7 There are water and sanitary services available on George Reynolds Drive. Under the Region's Sewer By-law and Foundation Drain Policy, foundation drains are not permitted to connect to the sanitary sewer system. The Region is requesting that a road widening be provided along the Trulls Road frontage and that sight triangle be retained at the intersection of George Reynolds Drive and Trulls Road. The road widening and the sight triangle are identified as property to be retained by the Municipality on Attachment 1. Municipal governments are not required to obtain approval of land severance applications in order to divide land and dispose of individual property. Each lot identified on the plan of survey is a transferable piece upon registration of the sale in the Land Registry system. 10.0 STAFF COMMENTS 10.1 The Provincially Significant Wetland and other wooded lands will remain in municipal ownership and retain the Environmental Protection zoning. The Central Lake Ontario Conservation Authority are satisfied that by limiting development to the disturbed portion of the site the required setbacks of 15 metres from a PSW and 5 metres from the drip line of existing forest cover could be met and will be exceeded. The area east of the proposed residential lots will remain in Municipal ownership and as this area is designated Environmental Protection in the Clarington Official Plan they have already been identified as a "conservation protection area". 10.2 The Conservation Authority is recommending a homeowners guide be providing to the purchasers of the four residential lots. Staff are in support of this recommendation. 10.3 A road widening will be reserved along the Trulls Road and George Reynolds Drive frontage. 10.4 The redevelopment of this property for residential use is in keeping with the surrounding residential neighbourhood. The R1-70 zone will require the lots to be developed in accordance with today's design standards. 10.5 The demolition of the fire station and the removal of the asphalt will occur this fall and the funds are to be drawn from the Reserve for Municipal Acquisition/Real Estate Account #100-00-000-00000-2903. The sale of the 4 lots generate funds to be deposited in the Municipal Acquisition/Real Estate Account to be utilized for future land acquisitions as the need and opportunity arises. 11.0 CONCLUSIONS 11.1 It is respectfully recommended that the rezoning application submitted by the Municipality of Clarington be APPROVED. REPORT NO.: PSD-102-08 PAGE 8 Attachments: Attachment 1 -Location Map Attachment 2 -Zoning By-law Amendment Interested parties to be notified of Committee's decision: Max Vanderheide Helen and Steve Krawchuk Lorraine Loannou Don Cram Kim Thompson Libby Racansky Kerry Meydam m N O z z G7 W O c z v a ~w ~ N ~ 00 W t0 ._. ~ C r r ~°v mo r C7 zc o~ vo crn z a n v O 0 m v r O ~~ ~~ ~ `~-~ -- v • < +~ ~ m ` 4 t ~ ~ CK STREET ~~ 80-Z0 ~-aSd ~oda~ of ~ ~uauayoe~;y -`4. .`'' • , ~ i; F`+ G7 s y'M .~ ~ o v ~ ~ ~ ~ro ~~ o • rya ~f k 'i-~~a! 7 ~ - ~ - Attachment 2 To Report PSD-102-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of 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 former Town of Newcastle to implement application ZBA 2007-0011; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" Zone to "Environmental Protection (EP) Zone"; "Agricultural (A)' Zone to "Holding -Urban Residential Type One ((H) R1-70) Zone'; "Environmental Protection (EP)" Zone to "Holding -Urban Residential Type One ((H) R1-70) Zone'; and "Environmental Protection (EP)" Zone to "Agricultural (A) Zone'. as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2008- , passed this day of , 2008 A. 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