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
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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
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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. D.
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® Zoning To Remain "EP"
Zoning Change From "A To "EP"
Jim Abernethy, Mayor ® Zoning Change From "A" To "(H)R1-70"
® Zoning Change From "EP" To "(H)Ri-70"
® Zoning Change From "EP" To "A"
Patti L. Barrie, Municipal Clerk
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