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Report To: Planning and Development Committee
Date of Meeting: March 7, 2022 Report Number: PDS-013-22
Submitted By: Ryan Windle, Director of Planning and Development Services
Reviewed By: Mary-Anne Dempster, CAO
File Number: ZBA 2021-0010 Cross Ref: LD2021-00039 By-law Number:
Report Subject: An application for Zoning By-law Amendment to facilitate the
creation of a new lot for one single detached dwelling at 3301 Trulls
Road in Courtice
Recommendations:
1.That Report PDS-013-22 and any related communication items, be received;
2.That the By-law attached to Report PDS-013-22, as Attachment 1, be approved;
3.That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report
PDS-004-22 and Council’s decision; and
4.That all interested parties listed in Report PDS-013-22 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-013-22
Report Overview
This is a recommendation report relating to the application for a Zoning By-law Amendment
by Ken Hoy of Stonefield Homes Inc. to facilitate the creation of a new lot for a single
detached dwelling. The property is located at 3301 Trulls Road in Courtice an d is currently
Zoned “Agricultural (A)” and “Environmental Protection (EP)”. The subject lands are
proposed to be rezoned to an Urban Residential Zone.
1.Application Details
1.1 Owner:Tim Cole
1.2 Applicant/Agent: Ken Hoy of Stonefield Homes Inc.
1.3 Proposal:Amend Zoning By-law 84-63 to rezone from “Agricultural (A)”
and Environmental Protection (EP)” to “Urban Residential
Exception (R1-85) Zone” to facilitate the creation of a new lot
for one single detached dwelling at 3301 Trulls Road in
Courtice.
1.4 Area: 2,630.55 square metres (0.65 acres)
1.5 Location: 3301 Trulls Road, east of Trulls Road, north of George
Reynolds Drive in Courtice (see Figure 1)
1.6 Roll Number: 18-17-010-090-24400
1.7 Within Built Boundary: Yes
2.Background
2.1 Stonefield Homes Inc. submitted a land division application to the Region of Durham on
October 14, 2021. The application was tabled until the appropriate items required by the
Region and CLOCA were completed and provided that a Zoning By-law Amendment
application was submitted and approved in order to permit the new lot.
2.2 The zoning by-law amendment application was submitted for the subject lands and
deemed complete on September 23, 2021. A Statutory Public Meeting was held on
November 15, 2021 to provide background information regarding the application and to
obtain public comments. To date, no public inquiries have been received regarding the
application.
2.3 Reports submitted in support of the application include:
Scoped Environmental Impact Study
Noise Impact Study
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Report PDS-013-22
2.4 These reports are summarized in Section 7 of this report.
2.5 Since the Public Meeting the applicant has worked towards resolving staff and agency
comments. The latest draft land division plan includes:
A 5.0 m road widening along Trulls Road
The location of the silt fence to be erected during construction in order to protect the
environmental features
2.6 There are a number of items recommended in the Noise Study and EIS that will be
implemented through the conditions of approval of the land severance application.
Figure 1 – Lands subject to the rezoning application
3. Land Characteristics and Surrounding Uses
3.1 The subject property consists of one single detached dwelling that was built in 2004, a
swimming pool in the rear yard and an accessory structure in the north-east corner of
the proposed parcel. The subject property is a relatively large lot within the built -up area
of Courtice.
3.2 The surrounding uses are as follows:
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North – Single detached dwellings. The lands immediately adjacent to the subject
lands were subject to an approved land division application in 2012, which
created 2 additional lots.
South – Single detached dwellings with 15 metre lot frontages. The lots immediately
south of the subject lands were the former Courtice Fire Station, when the
station was moved to Trulls Road, they were declared surplus and sold.
East – Municipally owned open space and environmental protection areas,
including the Provincially Significant Harmony-Farwell Iroquois Beach
Wetland Complex.
West – Single detached dwellings.
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement states that planning authorities shall permit and
facilitate all forms of housing and all forms of residential intensification . The definition of
‘intensification’ includes the development of vacant or underutilized lots within
previously developed areas and infill development among other things. The proposal to
create one additional single detached building lot represents an opportunity for
redevelopment and intensification within a settlement area utilizing existing services.
4.2 The proposal is consistent with the Provincial Policy Statement.
The Provincial Growth Plan
4.3 The proposal is within the Built Boundary of the Growth Plan. The creation of one
additional lot is considered intensification within the Urban Area of Courtice and
contributes to the intensification targets within the existing Built -up Areas. The proposal
will make use of existing municipal services. The proposal conforms to the Growth Plan.
5. Official Plans
Durham Region Official Plan
5.1 The subject property is designated Living Areas in the Durham Regional Official Plan.
The policies of the Plan generally promote infill and intensification. The proposed
rezoning to facilitate the severance of one additional single detached dwelling lot
supports the intensification goals and is compatible for the existing neighbourhood. The
proposal conforms to the Durham Region Official Plan.
Clarington Official Plan
5.2 The subject property is designated Urban Residential in the Clarington Official Plan. The
predominant use of lands designated Urban Residential shall be used for housing
purposes. The rezoning, if approved, would facilitate one additional single detached
Municipality of Clarington Page 5
Report PDS-013-22
dwelling lot and contribute towards the Municipality’s Residential Intensification Target .
It would also utilize existing public services and infrastructure. Intensification within the
Built-up Areas is encouraged and is to be given priority.
5.3 The property has frontage on Trulls Road, which is identified as a Type B Arterial Road.
It includes pedestrian and cycle connections. The transportation policies indicate that
new development must provide adequate off -street parking and safe egress. A 5 metre
road widening on Trulls Road is required and shown on the draft R -Plan. The vehicle
access to the proposed lot will utilize the existing access off Trulls Road.
5.4 Any intensification or infill development, such as the one being proposed, must also
consider and respect the surrounding context. Consideration will be given to:
Pattern of lots;
Size and configuration of lots;
Building types of nearby properties;
Height and scale of buildings;
Setback of buildings from the street; and
Rear and side yard setbacks
5.5 The subject lands are adjacent to a designated Environmental Protection Area owned
by the Municipality. A scoped Environmental Impact Study (EIS) was completed in
support of the application. It defines the limits of the features and recommends
mitigation measures to further protect the features and functions.
5.6 The rezoning to facilitate one additional single detached dwelling lot supports the
intensification goals, is compatible with the existing neighbourhood, and doe s not
present a further impact to the adjacent natural heritage features. The proposal
conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 The subject property is currently zoned “Agricultural (A)” and “Environmental Protection
(EP)” in Zoning By-law 84-63. Under the Agricultural Zone, the minimum lot area and
frontage requirements are much greater than a typical Urban Residential Zone,
therefore limiting the ability to sever the subject property. The Agricultural Zone is used
in urban areas to function as a Holding Zone until the property can be further evaluated
and zoned appropriately. The Environmental Protection Zone at the rear of the subject
lands is a remnant of old mapping data.
6.2 An amendment to the Zoning By-law is required in order to facilitate the severance of
one additional single detached dwelling lot, as the Agriculture and Environmental
Protection Zone are not consistent with the Urban Residential land use designation.
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7. Summary of Background Studies
Scoped Environmental Impact Study, GHD Limited, May 2021
7.1 A scoped Environmental Impact Study (EIS) was prepared to confirm the extent of the
wetland and other natural heritage features adjacent to the subject lands. It also
evaluated the presence of any Species at Risk. The results indicat ed that the proposed
severance would not have any significant impacts on the natural heritage features or
functions. The subject property is over 30 metres f rom the wetland and the proposed
dwelling is over 15 metres from any natural heritage features. Recommendations have
been included in the EIS to mitigate impacts during construction as well as propose
further enhancements to protect the features.
Noise Impact Study, YCA Engineering Ltd., March 2021
7.2 A Noise Assessment was completed for the subject lands to determine noise levels from
vehicle traffic on Trulls Road and George Reynolds Drive. Based on the analysis, a
provision for an air conditioner is required for the proposed residential unit. Appropriate
warning clauses are also to be included in the purchase and sale agreement.
8. Public Submissions
8.1 Signage was posted on the property and notification was provided to all property owners
within 120 metres of the site, prior to the Statutory Public Meeting, which was held on
November 15, 2021. At the time of drafting this report, no public concerns were
presented at the Public Meeting, nor has the Municipality received any inquiries or
public comments regarding the subject application.
9. Agency Comments
Regional Municipality of Durham
9.1 The Region of Durham has reviewed the Scoped Environmental Impact Study (EIS),
prepared by GHD, and will rely on the Central Lake Ontario Conservation Authority
(CLOCA) to review the EIS and confirm its conclusions for the site. The Region also
reviewed the Noise Impact Study, prepared by YCA Engineering Limited and requires
the applicant to implement the mitigation measures in a development agreement with
the Municipality of Clarington, to the satisfaction of the Region.
9.2 A Regional Site Screening Questionnaire (SSQ) that was submitted and completed with
the necessary signatures.
9.3 Regarding servicing, the Region will require frontage charges and others related to the
installation of sanitary sewer service connections at the time of the related Land Division
application and Building Permit issuance.
9.4 The Region of Durham has no objection to the rezoning application, pending the
implementation of the mitigation measures stated in the Noise Study and the EIS, which
will be implemented through the conditions of the severance.
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Central Lake Ontario Conservation Authority (CLOCA)
9.5 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the application
and supporting Environmental Impact Study for the proposed development . CLOCA’s
Environmental Engineering staff is concerned with the proposed building and driveway
potentially impacting the water quality of runoff and increasing imperviousness on the
property. Staff require additional detailed drawings and updates regarding the Low
Impact Development (LID) measures such as pervious pavers, bioswales or rain
gardens. CLOCA has indicated that these measures can be addressed through the
severance process. Erosion and sediment control measures were included on the
revised plans at the request by CLOCA.
9.6 CLOCA has no objection to the rezoning application. Further comments from CLOCA
will be addressed through the land severance process.
10. Departmental Comments
Public Works Department
10.1 The Clarington Public Works Department has reviewed the application and have no
objection to the proposed rezoning of the subject property. Preliminary comments were
provided for the Land Division Application.
Emergency and Fire Services Department
10.2 The Clarington Emergency and Fire Services Department has reviewed the application
and found no fire safety concerns on the submitted drawings.
Building Division of Planning and Development Services Department
10.3 The Building Division of the Planning and Development Services Department has
reviewed the application and has no comments.
11. Discussion
11.1 The subject lands are situated in the Built-up Area of Courtice. The proposal for a
rezoning to facilitate the creation of an additional building lot for a single detached
dwelling is considered infill development that would make use of existing infrastructure.
The proposed zoning by-law amendment would bring the property in conformity with the
policies of the Clarington Official Plan.
11.2 The existing dwelling and southern driveway on the subject property would remain. The
existing northern driveway is proposed to be partially reused to provide access to the
proposed dwelling. The current site plan drawings show that all accessory structures
including the rear yard deck abutting the existing dwelling, the rear yard pool, and the
frame shed in the northeast corner of the property, would remain. No trees on the
property are proposed to be removed. The northern portion of the property would
comprise of the new single detached dwelling lot.
Municipality of Clarington Page 8
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Adjacent Environmental Lands
11.3 The EIS identified a Provincially Significant Wetland, a significant valley and a tributary
of Farewell Creek on the adjacent lands owned by the Municipality. The wetland is part
of the Harmony-Farwell Iroquois Beach Wetland complex. There is also a signif icant
woodlot located on the Municipal lands but was not appropriately identified through the
EIS. Staff have asked the consultant to revise the EIS to include the adjacent woodlot
as well, since it is greater than 1 ha. Significant woodlots in the Urban Area are
woodlots greater than 1 ha.
Figure 2 – Subject lands in relation to natural heritage features
11.4 The Clarington Official Plan policies provide minimum setbacks to natural heritage
features. Within Urban Areas, the minimum vegetation protection area for a wetland is
30 metres and 15 metres to valleylands, watercourses, and significant woodlands. The
EIS demonstrates that the subject lands are 40 metres from the boundary of the
wetland. However, the subject lands are within the Minimum Vegetation Protection Zone
(MVPZ) of the woodlot.
11.5 Section 3.4.17 of the Clarington Official Plan states that notwithstanding the Minimum
Vegetation Protection Zone (MVPZ), infill lots proposed within the Urban Area can
reduce the MVPZ when given consideration to the surrounding development and
setbacks. Any modification to the MVPZ must be supported by the EIS and there must
be no net loss to the MVPZ.
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11.6 The EIS and CLOCA support the proposed rezoning and severance, given that the
development is confined to an existing area of disturbance (i.e. existing house,
accessory structures, pool, and manicured lawn) and would not result in any direct loss
of habitat (i.e. woodland). Also, the surrounding properties encroach further into the
MPVZ than the subject lands. There would be no physical net loss to the MVPZ as the
lands are already disturbed.
11.7 It also appears from the aerial photos that trees were inadvertently removed somewhere
between 2008-2010 on the Municipally owned lands. Section 3.4.11 of the Clarington
Official Plan states that compensation and/or restoration of any part of the natural
heritage system is required, which has been removed without prior Muni cipal approval.
11.8 Staff have, and will continue, to consult with CLOCA, the applicant and the owner to
come up with a restoration plan for part of the woodlot that was removed and to protect
and further enhance the natural heritage system. Mitigation would include the
installation of a chain link fence, with no gate, at the rear property line to ensure there is
no further encroachment into the feature. A planting plan would include native seed
mixture and native trees and shrubs to increase the biodiversity of plants. The result
should provide a net environmental gain for the system and the owner would be
responsible for 100% of the cost. Restoration and mitigation measures would be
implemented through the conditions of approval of the land severance applicat ion.
Proposed Zoning for The Subject Lands
11.9 The Municipality can include the Minimum Vegetation Protection area as part of the
Environmental Protection Zone. This area acts as a buffer to the natural heritage
features by keeping development away from the feature. The main intent is to reduce
adverse impacts on the features. In this case, the buffer to the woodlot has already
been disturbed and there is existing development within it. Since development already
exists within the Minimum Vegetation Protection Zone, it is unrealistic to place it in the
Environmental Protection Zone.
11.10 An appropriate zone that permits a single detached dwelling is the “Urban Residential
Exception (R1-85)” Zone. The “R1-85” Exception Zone contains all the same provisions
as the parent “R1” Zone, with the exception that the minimum setback to an EP Zone is
0 metres. The land directly north of the subject property is also zoned R1-85, therefore it
would be a continuation of the zone.
11.11 Currently the Municipally owned lands to the east of the subject site is zoned
Agricultural. Through the next comprehensive Zoning By-law Review, these lands would
most likely be rezoned to Environmental Protection to reflect the policies of the Official
Plan and to protect the natural heritage features. Therefore, in order to ensure the
development limits remain for the subject property, and since it has already been
evaluated through a review process, a setback of 0 m to the EP Zone would be
appropriate, as opposed to the 3 m setback. There are already zoning provisions that
would be maintained, such as the rear yard setback to the dwelling (7.5 m). The 0 m
setback would have the effect of allowing a shed, for instance, to be the standard 0.6 m
to the property line, as opposed to 3 m.
Municipality of Clarington Page 10
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Figure 3 – Current Zoning of Subject Lands and Surrounding
11.12 The proposed lot frontage for the R1-85 zone is 15 metres for an interior lot to be used
for a single detached dwelling, and a minimum lot area of 460 square metres. The
proposed severed lot has a lot frontage of 16.77 metres, and an approximate lot area of
904 square metres (after 5 metre road widening is dedicated). The retained lot with the
existing single detached dwelling would have a lot frontage of 27.95 m etres and a lot
area of 1,505 square metres. Both the proposed and retained lot comply with the “R1-
85” Zone requirements for lot area and frontage.
11.13 The existing and proposed building and structures appear to be in compliance with the
“R1-85” Zone regulations, except for the garage projection shown on the proposed
dwelling. Private garages and carports may extend a maximum of 3.0 metres in front of
the dwelling unit. This provision applies to all lots registered after June 30, 2000. Staff
will ensure that all future building permits will comply with the zone provisions.
12. Concurrence
Not Applicable.
Municipality of Clarington Page 11
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13. Conclusion
13.1 In consideration of all agency and staff comments, it is respectfully recommended that
the application for the Zoning By-law Amendment to facilitate an infill lot on Trulls Road,
be approved. The proposed infill development would utilize existing municipal services
and is generally consistent with Provincial, Regional, and Municipal land use policies.
Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri@clarington.net.
Attachments:
Attachment 1 – Zoning By-law Amendment
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to
Report PDS-013-22
C:\Program Files\eSCRIBE\TEMP\9213754077\9213754077,,,Attachment 1 to Report PDS-013-22.docx
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The Corporation of the Municipality of Clarington
By-law Number 2022-______
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 ZBA2021-0010;
Now therefore the Council 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" and “Environmental Protection
(EP) Zone” to "Urban Residential Exception (R1-85) 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 the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
Passed in Open Council this day of , 2022
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk