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Staff Report
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Report To: Joint Committees
Date of Meeting: September 14, 2020 Report Number: PSD-028-20
Submitted By: Faye Langmaid, Acting Director of Planning & Development Services
Reviewed By:
File Number:
Report Subject:
Andrew C. Allison, CAO
ZBA2020-0012
Resolution#: JC-081-20
By-law Number: 2020-061
Zoning by-law amendment to facilitate the creation of one new lot at 293
Townline Road North, Courtice
Recommendations:
1. That Report PSD-028-20 be received;
2. That provided no significant objections are raised at the public meeting, the
application to amend the Zoning By-law submitted by Brent Foley be approved and
that the By-law contained in Attachment 1 to Report PSD-028-20 be passed;
3. That once all conditions of approval for the related consent application have been
satisfied that the By-law authorizing the removal of the (H) Holding Symbol be
approved;
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of
Report PSD-028-20 and Council's decision; and
5. That all interested parties listed in Report PSD-028-20 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD-028-20
Report Overview
Page 2
Staff are seeking the public's input regarding a proposal by Mark Foley on behalf of Brent
Foley to amend Zoning By-law 84-63 to rezone the lands from "Agricultural (A)" to "Urban
Residential Type Two (R2-24)" to allow the creation of one additional lot for a single
detached dwelling fronting onto Wabbokish Court. To date, favourable comments have
been received from circulated agencies. Provided there are no unforeseen issues raised at
the public meeting staff are recommending the application be approved.
1. Application Details
1.1 Owner: Brent Foley
1.2 Applicant/Agent: Mark Foley
1.3 Proposal: Amend Zoning By-law 84-63 to rezone the lands from
"Agricultural (A)" to "Urban Residential Type Two (R2-24)" to
allow the creation of one additional lot with a frontage of
approximately 26 metres on Wabbokish Court.
1.4 Area:
1.5 Location:
1.6 Roll number:
1.7 Within Built Boundary:
2. Background
1343 square metres (0.33 acres)
293 Townline Road North, Courtice
Part Lot 35, Concession 3 former Township of Darlington
18-17-010-100-16200
Yes
2.1 The proposal is to rezone the property known as 293 Townline Road North to allow the
creation of one additional lot for a single detached dwelling with a frontage of over 26
metres. The existing dwelling will remain on the retained lands. A shed on the proposed
severed lands will be demolished to allow for the construction of a dwelling and a
detached garage. The future lot is proposed to be serviced by a municipal water system
and sewage system as well as storm sewers for storm water drainage and have
driveway access from Wabbokish Court. The existing dwelling will be maintaining its
driveway from Townline Road.
2.2 Reports and drawings submitted in support of the application include:
• Rezoning Application Summary Report;
• Site plan/grading plan with building envelopes and driveways; and
• Site Screening Questionnaire.
Municipality of Clarington Page 3
Report PSD-028-20
Figure 1: Site map
Municipality of Clarington
Report PSD-028-20
3. Land Characteristics
Page 4
3.1 The subject lands are 1,343 square metres with an existing single detached dwelling
and detached garage fronting onto Townline Road North. There are no natural heritage
features on or near the subject lands.
3.2 The surrounding uses are as follows:
North — Single detached dwellings
South — Single detached dwellings
East — Single detached dwellings
West — Existing and approved future residential development within the City of Oshawa
Proposed retained lot and
existing dwelling and garage
Proposed new lot
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Figure 2: Proposed site plan
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.
Municipality of Clarington
Report PSD-028-20
Provincial Growth Plan
Page 5
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
Wabbokish Court is intensification within the built-up area of Courtice.
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. Townline
Road is designated a Type B Arterial road. Living Areas are to be developed in a
compact form through higher densities and by intensifying and redeveloping existing
areas, particularly along arterial roads.
5.2 The proposal conforms to the Durham Region Official Plan.
Clarington Official Plan
5.3 The Clarington Official Plan designates the subject lands Urban Residential within the
Urban Boundary of Courtice. The primary use of lands designated urban residential is
for housing purposes. The policies of the Plan generally promote infill and
intensification.
5.4 Townline Road is designated a Type B Arterial road. Type B Arterial roads are designed
to move significant volumes of traffic at moderate speeds from one part of the
municipality to another. Private driveways are to be spaced 80 metres apart. The
proposed new lot will not add a driveway to Townline but will use an existing driveway
onto Wabbokish as seen in Figure 3. Development adjacent to arterial roads is to be
ground related at 1-3 storeys. The R2-24 zone allows a maximum height of 10.5 metres.
5.5 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, and not permitting new lot creation.
Therefore, the subject rezoning is required.
Municipality of Clarington Page 6
Report PSD-028-20
7. Summary of Background Studies
Site Screening Questionnaire
7.1 A completed Regional Site Screening Questionnaire was submitted with the application.
The questionnaire found no potential site contaminating activity and thus no need for
further environmental study of the subject lands.
Rezoning Application Summary Report
7.2 The applicant provided a report that summarizes the proposed development. The report
addresses relevant provincial, regional, and municipal policies outlining how these
policies are being met while also proposing a new house that will fit into the existing
neighbourhood.
8. Public Notice and Submissions
8.1 On July 31, 2020 public notice was sent by mail to each landowner within 120 metres of
the subject lands. This included property owners to the west in the City of Oshawa. On
August 13, 2020 two public meeting signs were installed on the property, one fronting
onto Townline Road and one fronting onto Wabbokish Court.
8.2 The text of the Public Notice incorrectly identified the subject lands as being on the west
side of Townline and Oshawa on the east side of Townline. Although this was an
unfortunate error, the key map clearly identified the correct location. This error is not
considered significant enough to require a new Public Meeting.
8.3 At the time of finalizing this report, no enquiries have been received.
Figure 3: On left, existing dwelling to remain, Public Notice facing Townline. On right,
proposed new lot with Public Notice and existing driveway onto Wabbokish Court.
Municipality of Clarington Page 7
Report PSD-028-20
9. Agency Comments
The Regional Municipality of Durham
9.1 The Durham Region Planning Division comments confirm the application conforms to
Provincial and Regional planning policies and accepts the provided Site Screening
Questionnaire. They identified that a Noise Impact Study, prepared by an acoustical
consultant, is required to be submitted to the satisfaction of the Region of Durham. The
applicant must agree to implement the noise control measures of an approved Noise
Impact Study in a Development Agreement with the Municipality of Clarington to the
satisfaction of the Region.
9.2 The provision of Regional services (including Watermain and Sanitary servicing) for the
future lot, the conveyance of a 6 metre road widening along Townline Road North, and a
5 metre by 5 metre sight triangle at the southeast corner of Townline Road North and
Wabbokish Court will be fulfilled through the related Land Division application,
LD070/2020.
City of Oshawa
9.3 Oshawa Planning Services has no objections or concerns with the application.
10. Department Comments
10.1 The Clarington Building Division, Public Works Department, and Emergency and Fire
Services Department have no objections or concerns with the application. The Public
Works staff identified conditions that would need to be addressed through the related
consent application.
11. Discussion
11.1 In May the owner and applicant attended a pre -consultation meeting with municipal and
regional staff about the proposed rezoning and were provided with complete application
requirements. The property is currently zoned "Agricultural (A)". Within Zoning By-law
84-63 the "A" zone is often used in urban areas where lands may be further developed in
the future. It does not permit the creation of new lots and therefore a rezoning application
is required.
11.2 The applicants worked with municipal staff and revised the proposed building envelope
by repositioning the dwelling, providing a detached garage, and making use of the
existing driveway off Wabbokish Court to comply with the regulations of the "Urban
Residential (R2) Zone". The proposed R2-24 is used for the first four lots on the north
side of Wabbokish Court and the regulations are very similar to the parent R2 zone used
for the balance of the neighbouring existing houses to the east along Wabbokish Court
and Sheco Court. The only residential uses permitted in the R2 zone are single -detached
dwellings and home occupations. The main difference between the parent R2 and the
R2-24 zone is the exterior side yard setback requirement is reduced from 6.0 metres to
Municipality of Clarington
Report PSD-028-20
Page 8
4.5 metres in the R2-24 zone. The 4.5 metre minimum will recognize the exterior side
yard setback of the existing dwelling. There are also requirements for parking in the R2-
24 zone that have since been incorporated into the General Provisions of the Zoning By-
law and would have been applicable regardless of zone. Rezoning the subject lands, the
same zone as adjacent properties provides consistency with minimum lot area and
frontage of the neighbourhood.
11.3 The applicants have submitted an associated Land Division application, LD070/2020,
which is being heard by the Land Division Committee on September 17, 2020. Conditions
for the consent application will include implementing any required noise control measures
as well as architectural control so the new dwelling and detached garage will fit into and
are compatible with the existing neighbourhood.
11.4 The existing dwelling and detached garage on the proposed retained lot will remain,
along with driveway access to Townline Road. While the existing driveway on Wabbokish
Court will be used for the new lot, thereby minimizing impact to the street.
11.5 The proposed infill development will connect to 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 Wabbokish Court.
11.6 Comments received from circulated agencies are supportive of the proposed rezoning.
Conditions will be imposed through the related consent application addressing typical
development requirements. As of the writing of this report, staff have received no
enquiries on the application as a result of the public notice.
12. Concurrence
Not Applicable.
13. Conclusion
13.1 In consideration of all agency comments and staff review, and provided no significant
issues are raised at the public meeting regarding this proposal, it is recommended that
the application be approved, and the by-law contained in Attachment 1 be adopted.
Staff Contact: Mark Jull, Planner, 905-623-3379 ext 2426 or mjull@clarington.net.
Attachments:
Attachment 1 - Zoning By-law Amendment
Interested Parties:
Brent Foley
Mark Foley
Attachment 1 to
Report PSD-028-20
Corporation of the Municipality of Clarington
By-law Number 2020-
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 Municipality of
Clarington for ZBA2020-0012;
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 from "Agricultural (A)" to "Holding — Urban Residential Type Two ((H)R2-
24)" 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 the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
By -Law passed in open session this day of
.2020
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2020- , passed this day of
12020 A.D.
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- Zoning Change From 'A' To '(H)R2-24'
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Adrian Foster, Mayor
Courtice . ZBA 2020-0012 . Schedule 4
C. Anne
Greentree, Municipal Clerk