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HomeMy WebLinkAboutPSD-038-11Vl(.IJ~ Leading the Way n REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: GPl~-3y6-! I By-law #: NIA Report #: PSD-038-11 File #: ZBA2011-0004 Subject: REZONING APPLICATION TO FACILITATE THE SEVERANCE OF TWO RESIDENTIAL LOTS APPLICANT: ZLATKO AND STARLEANE JAZIC RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-1 ~1 be received; 2. THAT the rezoning application submitted by Zlatko and Starleane Jazic continue to be processed by staff and that a further report be prepared following the receipt of all outstanding department and agency comments; 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-038-11 and any delegations be advised of Council's decision. Submitted by: / Reviewed by: C~'`^^"~""'-' ~) `'~' David . Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer TW/CP/df 27 April 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-038-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 ApplicanUOwner: Zlatko and Starleane Jazic 1.2 Proposal: To rezone the lands to an appropriate zone to facilitate the severance of two (2) residential lots with 15 metre lot frontages 1.3 Area: 0.6094 ha (1.5 acres) 1.4 Location: 3327 Trulls Road, Courtice (see Attachment 1) 2.0 BACKGROUND 2.1 On February 9, 2011, Zlatko and Starleane Jazic submitted an application to rezone their property to facilitate the severance of two residential lots. The application was incomplete as an Environmental Impact Study (EIS) must be completed in accordance with the Clarington Official Plan policies. Staff, in consultation with the Central Lake Ontario Conservation Authority prepared a Terms of Reference which was forwarded to the EIS consultant on the municipal roster. The proposal was delivered by the consultant on February 25th and by March ih, the applicant, staff and CLOCA had agreed to the terms of the proposal. Funds to secure the completion of the EIS were submitted by the applicant on March 25th which allowed staff to deem the application complete. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property contains a single detached dwelling on a large residential lot. There is an artificial pond at the east end of the property which is within a valley. The Harmony-Farewell Iroquois Beach Provincially Significant Wetland Complex is a portion of the east end of the subject property. 3.2 The surrounding uses are as follows: North - large lot residential and a recently registered subdivision on Vivian Drive with lot frontages of 12, 13.5 and 15 metres. large lot residential and the former Courtice Fire Station site which have been severed into four 15 metre residential lots. Municipally owned Open Space 12 metre wide residential lots South - East - West - REPORT NO.: PSD-038-11 PAGE 3 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) promotes opportunities for intensification, including infilling, where it can be accommodated. The availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs must be taken into account. 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. Development and site alteration shall not be permitted on lands adjacent to significant natural heritage features unless the ecological function of those natural heritage features has been evaluated and it has been demonstrated that there will be no negative impacts. Should the EIS provide a positive recommendation, the application would appear to conform to 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. As the application for zoning amendment is within the built boundary, it conforms to the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Regional Official Plan designates the property Living Area with an indication of Key Natural Heritage and Hydrologic Features. Lands designated Living Area are to be used predominantly for housing with a wide variety of types, sizes and tenure. Intensification of existing areas is encouraged. The natural environment, including Key Natural Heritage and Hydrologic Features shall be given paramount consideration in light of their ecological functions and scientific, educational and health values. 5.2 Clarinqton Official Plan The property is designated Urban Residential and Environmental Protection Area 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. Type B Arterial roads are designed to move significant volumes of traffic and have a right-of-way width ranging from 30 to 36 metres. REPORT NO.: PSD-038-11 PAGE 4 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 C - Natural Heritage System identifies the property as being within the Lake Iroquois Beach and is adjacent to a wetland, significant valleylands, and a tributary of Farewell Creek. The wetland is part of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland. An Environmental Impact Study is required to be undertaken for development applications in accordance with the Natural Environment and Resource Management policies of the Official Plan. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-Law 84-63, as amended, the subject lands are located within the "Agricultural (A)" and "Environmental Protection (EP)" zones. An amendment is required in order to facilitate the severance of two lots for single detached dwellings as the "Agricultural (A)" zoning is not consistent with the Urban Residential land use designation. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting notice was installed on the property. 7.2 No inquiries were received on the application at the time of writing this report. 8.0 AGENCY COMMENTS 8.1 The application has been circulated to the appropriate departments and agencies for comment. Staff is awaiting comments from a number of departments and agencies. 8.2 The Kawartha Pine Ridge District School Board have no concerns or objections with the proposed application. 8.3 The Central Lake Ontario Conservation Authority (CLOCA) advises that the entire property is within an area that is subject to CLOCA's Ontario Regulation 42/06 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. As such, a permit from CLOCA is required prior to any development activity, including site grading, occurring on the property. The property contains a number of natural heritage features including a tributary of Farewell Creek, an online pond, a wetland area identified by CLOCA as an Ecological Land Classification (ELC) wetland, as well as a portion of a Provincially Significant Wetland (PSW). REPORT NO.: PSD-038-11 PAGE 5 With respect to the tributary of Farewell Creek which traverses the eastern portion of the property, CLOCA has identified the extent of potential flooding associated with this section of the creek. The floodplain extends onto the property to the west of the existing pond. The floodplains of watercourses are considered to be hazard lands. CLOCA, in support of Provincial Policy, directs development to be located outside of hazard lands. The south eastern section of the subject property contains a portion of the Provincially Significant Harmony Farewell Iroquois Beach Wetland. Provincial Policy indicates that no development is permitted within Provincially Significant Wetlands (PSW) and further that any development adjacent to (within 120 metres of) a PSW is not permitted unless the lands have been evaluated and it can be demonstrated that there will be no negative impacts on the natural features or their ecological function. Staff understands that the Environmental Impact Study (EIS) is currently being completed to assess the potential impacts to the features and functions of the PSW and other natural features on and adjacent to the property. Should potential impacts be identified as a result of the creation of two additional residential lots, the EIS will provide recommendations and measures to ensure that potential negative impacts are avoided or mitigated. Therefore, until the EIS is completed to the satisfaction of CLOCA staff, we will not be in a position to provide positive comments regarding the rezoning application. 9.0 STAFF COMMENTS 9.1 Niblett Environmental Associates have been retained to complete the Environmental Impact Study. This study must be completed to the satisfaction of the Municipality, the Central Lake Ontario Conservation Authority, and the applicant prior to bringing forward a recommendation on the application. The study is expected to be completed by August 2011. Until such time as the study has been finalized, staff are unable to identify the potential impacts the proposed use may have on the natural heritage featu res. 9.2 In 2000 Council adopted a Land Acquisition Strategy which identified the valleylands on the subject property for acquisition. The applicant has been advised that the recommendation on this application must include a request that the Environmental Protection Area lands, which include the valleylands, be dedicated to the Municipality. The Environmental Impact Study will define the limits of the Environmental Protection Area based on the natural features on and adjacent to the subject property. 9.3 Clarington Emergency Services have no concerns or objections with the proposed application. 9.4 Clarington Engineering Services has no objection, in principle, to the proposed zoning change. A servicing plan satisfactory to the Director of Engineering Services will be required to obtain approval for any future land severance application. REPORT NO.: PSD-038-11 PAGE 6 9.5 The proposed infilling is consistent with the surrounding neighbourhood. The proposed lots are similar to the four lots created by the Municipality on the former Fire Hall lands to the south. The recently registered subdivision on Vivian Drive also contains a number of 15 metre lots. 10.0 CONCLUSION 10.1 The purpose of this report is to satisfy the Public Meeting requirements under the Planning Act and taking into consideration the outstanding comments, staff respectfully request that this report be received and for staff to continue processing the application including the preparation of a subsequent report under resolution of the identified issues. Staff Conta?t: Tracey Webster Attachment: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Zlatko and Starleane Jazic Nick Palladino Scott Jeffery Attachment 1 To Report PSD-038-11 41 <X ..... (J c: t <U ::::I "=t E 0 "C (J (,) 0 c: 'N - 0 <U nl C. 0 E .., C1I I 0 :!: ~ <( .lll: ... C ~ 3: nl 0 0 t'll N +:i N "'i' ;.: C1I <( >- ell (J m c 0 aJ 6 ..J C) >- N c: t c: <Il 0 c. N e a... O'v'O~ Slln~l. ~ Cl ({) Cl -' o z >- ill ~ ill (9 ~ o ill (9