HomeMy WebLinkAboutPSD-081-11 CladIWR REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 17, 2011 Resolution#: - - f By-law#:
Report#: PSD-081-11 File#: ZBA2011-0004
Subject: REZONING APPLICATION TO FACILITATE THE SEVERANCE OF TWO
RESIDENTIAL LOTS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-081-11 be received;
2. THAT the recommendations contained in the Environmental Impact Study and
Addendum prepared by Niblett Enviornmental Associates Inc., August 2011, be
received;
3. THAT the rezoning application submitted by Zlatko and Starleane Jazic be approved
and that the attached Zoning By-law Amendment (Attachment 3) be adopted by
Council;
4. 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
5. THAT all interested parties listed in Report PSD-081-11 and any delegations be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-081-11 PAGE 2
�° .. _
Submitted by: Reviewed by: °---
Da °d Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
TW/CP/df
3 October 2011
REPORT NO.: PSD-081-11 PAGE 3
1. APPLICATION DETAILS
1.1 Applicant/Owner: 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: 0.609 ha (1.5 acres)
1.4 Location: 3327 Trulls Road, Courtice (see Attachment 1)
2. 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. A proposal was submitted by Niblett
Environmental Associates Inc. on February 25th and by March 7th, 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.
2.2 Niblett Environmental Associates Inc. completed the EIS in August. After review of the
document by the applicant and relevant departments and agencies, an addendum letter
was provided on September 21, 2011 to address minor edits.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property contains a single detached dwelling on a large residential lot.
There is a man-made pond at the east end of the property which is within a valley. The
Harmony-Farewell Iroquois Beach Provincially Significant Wetland Complex is located
on 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
South - large lot residential and the former Courtice Fire Station site which has
been severed into four 15 metre residential lots.
East - Municipally.owned Open Space
West - 12 metre wide residential lots
REPORT NO.: PSD-081-11 PAGE 4
4. 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.
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.
As the application for zoning amendment is within the built boundary, it conforms to the
Provincial Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional 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 Clarington 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-081-11 PAGE 5
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 (EIS) is required to be
undertaken for development applications in accordance with the Natural Environment
and Resource Management policies of the Official Plan.
6. 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. SUMMARY OF THE ENVIRONMENTAL IMPACT STUDY
7.1 The Environmental Impact Study (EIS) confirmed the Harmony-Farewell Iroquois Beach
Provincially Significant Wetland boundary and recommended that a 30 metre buffer be
applied to it to protect its features and hydrologic functions. The EIS determined that
there is no defined top of bank in this reach of the valley. The 30 metre buffer will
encompass the entire valleylands on the property. The proposed severance line shall
not extend into that buffer area.
No rare wildlife species were found on site. Numerous amphibians were found; the
buffer area will maintain their habitat. By preserving the valleylands, wetlands and
woodlands, on the property, the wildlife corridor provided by the Farewell Creek valley
will be further protected.
7.2 The EIS concluded that the creation of the two new lots will not have a significant
impact on the Harmony-Farewell Iroquois Beach Provincially Significant Wetland, Lake
Iroquois Beach formation, woodlands and significant valley lands provided the following
mitigation measures and recommendations are implemented:
• A 30m buffer be implemented from the wetland as shown on Attachment 2. This
will encompass the significant wetland and significant valleyland;
• The eastern boundary of future lots be located outside of the 30m buffer area;
This line should be surveyed and clearly delineated on the ground with stakes;
• Silt and snow fence should be installed and maintained along the development of
the eastern boundary defined by the buffer from the wetland and EP area, prior
to any site preparation activities. This line should be surveyed and staked in the
field prior to any site preparation activities;
REPORT NO.: PSD-081-11 PAGE 6
• Grading of the site and removal or addition of fill be restricted to the area outside
the setback fencing and buffer. Functioning sediment control measures must be
in place prior to and during the construction phase, and remain in place until all
bare or exposed soils have become stabilized (i.e. vegetated);
• Stockpiling of material (stored or excavated), placing of stumps or any other
works shall not be permitted within the buffer of the wetland and EP; and
• Roof leaders should outlet onto grassed surfaces or into soakaway pits to
maintain infiltration.
8. PUBLIC SUBMISSIONS
8.1 A statutory Public Meeting was held on May 9, 2011. No one spoke in opposition to the
proposal.
Two inquiries requesting further details on the application were received. No objections
were expressed.
9. AGENCY COMMENTS
9.1 The application was circulated to the appropriate departments and agencies for
comment.
9.2 The Kawartha Pine Ridge District School Board has no concerns or objections with the
proposed application.
9.3 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).
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
REPORT NO.: PSD-081-11 PAGE 7
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.
CLOCA agrees with the conclusions and recommendations as outlined within the
Environmental Impact Study and the Addendum document and would therefore have no
objections to the approval of the zoning by-law amendment to permit the creation of two
additional residential lots.
9.4 The Region of Durham Planning Department indicated that Trulls Road is designated as
a Type `B' Arterial Road. As per Provincial and Regional policy, a noise impact study
will be required to address potential noise impacts and identify appropriate mitigation
measures. The applicant shall implement any mitigation measures identified in the
report, and any warning clauses shall be included in a development agreement with the
Municipality of Clarington to the satisfaction of the Durham Regional Planning
Department. The Region will impose this requirement through the land division
application process.
The subject lands have been determined to have Archaeological potential. An
Archaeological Assessment submitted to the Ministry of Culture is required. No
demolition, grading or other soil disturbances shall take place on the subject property
prior to the Ministry of Culture confirming that all archaeological resource concerns have
been met including licensing and resource conservation requirements. The Region will
apply this requirement through the Land Division process.
The Region has advised that they are satisfied with the recommendations contained in
the Environmental Impact Study and subsequent addendum submitted by Niblett
Environmental Associates Inc.
The Health Department has no objection to the proposed application, on condition that
both the retained and severed lots are serviced by municipal water and sanitary sewers.
There are existing watermain and sanitary sewer services abutting the frontage of the
subject lands, however 3327 Trulls Road North is only connected to the Regional water
system. As conditions of the future severance the applicant will be require to connect
the existing property to the municipal sanitary sewer system and pay the sanitary sewer
frontage charges on the entire 60.29 metre frontage of the existing property. The
applicant would be required to pay sanitary sewer and water supply connections; and
water frontage charges for the newly created lots.
10. STAFF COMMENTS
10.1 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.
REPORT NO.: PSD-081-11 PAGE 8
10.2 The Environmental Impact Study and Addendum prepared by Niblett Environmental
Associates has been completed to the satisfaction of Clarington Planning, the Central
Lake Ontario Conservation Authority and the Region of Durham.
10.3 In light of the findings of the EIS it is appropriate to permit the proposed residential use
outside of the proposed 30 metre buffer. The remaining EIS recommendations will be
implemented through an agreement which will be a condition of the future land division
application to create the proposed lots. The lands zoned 'Environmental Protection
(EP)' must be transferred to the Municipality as the valleylands had been identified for
acquisition by the 2000 Council adopted Land Acquisition Strategy. This will be imposed
as a condition, by the Municipality, during the consent process.
10.4 The proposed Zoning By-law Amendment contains an exemption to Section 3.21 b) of
the General Provisions which would require a setback of 3 metres to the Environmental
Protection (EP) Zone. The intention of this section is to provide an additional buffer
between sensitive lands and development. However, since the lands proposed to be
zoned EP contain a 30 metre buffer as recommended by the EIS, the additional 3 metre
buffer is not necessary.
10.5 Clarington Emergency Services have no concerns or objections with the proposed
application.
10.6 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.
11. CONCURRENCE - Not applicable
12. CONCLUSION
12.1 The application has been reviewed in consideration of comments received from the
circulated agencies, the policies of the Clarington Official Plan and the Zoning By-law
regulations. In consideration of the comments contained in this report, Staff respectfully
recommends that the proposed Zoning By-law Amendment contained in Attachment 3
be approved.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Tracey Webster
Attachments:
Attachment 1 - Key Map
Attachment 2 - Recommended 30 metre Buffer from the Environmental Impact Study dated
August, 2011
Attachment 3 - Zoning By-law Amendment
REPORT NO.: PSD-081-11 PAGE 9
List of interested parties to be advised of Council's decision:
Zlatko and Starleane Jazic
Nick Palladino
Scott Jeffery
Steve McPhee
Attachment 1
To Report PSD-081-11
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Attachment 3
To Report PSD-081-11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
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 ZBA 2011-0004;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4.1 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE ONE
(R1) ZONE" is hereby amended by introducing a new Subsection 12.4.85 as
follows:
"12.4.85URBAN RESIDENTIAL EXCEPTION (R1-85)ZONE"
Notwithstanding Section 3.21 a) those lands zoned R1-85 as shown on
Schedule "A" attached to this By-law shall be subject to the following
zone regulations:
a) Setback from the Environmental
Protection (EP)Zone (minimum) 0 metres
2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone designations from:
"Urban Residential Type One (R1) Zone" to "Urban Residential Exception (R1-
85) Zone"; and "Environmental Protection (EP) Zone" to "Urban Residential
Exception (R1-85)Zone"as illustrated on the attached Schedule"A"hereto.
3. Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2011 - ,
passed this day of , 2011 A.D.
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® Zoning Change From"A"To"R1-85"
® Zoning Change From"EP”To"R1-85"
Zoning To Remain"EP"
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