HomeMy WebLinkAboutPSD-032-13 Cjarftwil REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 6, 2013 Resolution#: - By-law#:
Report#: PSD-032-13 File#: ZBA 2013-0005
Subject: AN APPLICATION TO CREATE FOUR (4) RESIDENTIAL LOTS ALONG THE
WEST SIDE OF HARRY GAY DRIVE
APPLICANT: 2055979 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-032-13 be received;
2. THAT the application to amend the Zoning By-law 84-63 submitted by 2055979 Ontario
Inc. continue to be processed, including the preparation of a subsequent report; and
3. THAT all interested parties listed in Report PSD-032-13 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by.
Da id rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
BW/C P/df/av
April 30, 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-032-13 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: 2055979 Ontario Inc.
1.2 Agent: Ken Hoy, Stonefield Homes
1.3 Proposal: To permit the rezoning of a portion of the lands located at the east side of
3233 & 3191 Courtice Road from Agricultural "A" to Holding Urban
Residential Exception "(H)R2-18" to allow for the completion of four
residential lots that were partially created through subdivision and are
shown in Plan 40M-2364, identified as Blocks 96-99, and to recommend
removal of the holding symbol from the lands once all conditions
contained in the related consent applications have been met.
1.4 Area: 0.26 hectares (0.64 acres)
1.5 Location: The subject lands to this application are located on the west side of Harry
Gay Drive south of the George Reynolds Drive extension.
2. BACKGROUND
2.1 In February 2013, 2055979 Ontario Inc. applied to amend the Zoning By-law to allow
four residential lots to be created and to remove a holding symbol on the lands to allow
development to occur.
2.2 In 2007, a plan of subdivision created the existing residential lots along Harry Gay Drive
and George Reynolds Drive. In addition to the existing residential lots, Blocks 96-99
were created fronting on the west side of Harry Gay Drive. The blocks were zoned
(H)R2-18. The intent was to allow for the future creation of four residential lots when
additional lands to the west could be acquired and to ensure development could occur
without any negative impacts.
2.3 In February 2013, the applicant submitted consent applications (LD2013-073 to
LD2013-077 inclusive) to the Durham Region Land Division Committee. On April 15th
the Committee granted conditional approvals to convey lands from 3233 & 3191
Courtice Road to meld with Blocks 96-99 to allow the creation of four lots fronting on the
west side of Harry Gay Drive. The lands being conveyed to Blocks 96-99 are currently
zoned Agricultural "A".
2.4 Since 2007, the applicant and staff have worked with CLOCA, specifically during the
recent review of the Hancock Neighbourhood Design Plan amendment, and have
determined that four residential lots will not negatively impact the Provincially Significant
Wetland (PSW) to the west of the subject lands.
REPORT NO.: PSD-032-13 PAGE 3
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are located at the south-west intersection of Harry Gay Drive and
future extension of George Reynolds Drive to the west. The lands are currently vacant.
In the previous months, trees which occupied mainly the lands being conveyed to
Blocks 96-99 have been removed with the approval of CLOCA and the Region of
Durham.
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FIGURE 1: Aerial Photo of the subject lands
3.2 The surrounding uses are as follows:
North - Vacant lands designated Green Space and containing the future
extension of George Reynolds Drive
South - Single Dwelling Residential properties
East - Harry Gay Park
West - Horse track and lands designated Green Space
REPORT NO.: PSD-032-13 PAGE 4
FIGURE 2
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REPORT NO.: PSD-032-13 PAGE 5
FIGURE 3
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4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement promotes the efficient use of land that minimizes land
consumption and the development of land within settlement areas that is compatible
with the existing character of the neighbourhood and makes efficient use of existing
infrastructure. Natural features, surface water and ground water features shall be
protected.
The application conforms with the Provincial Policy Statement.
REPORT NO.: PSD-032-13 PAGE 6
4.2 Provincial Growth Plan
The policies of the Provincial Growth Plan promote the creation of compact, complete
communities that are transit-supportive and pedestrian-friendly. Part of the intent of
the Growth Plan is to manage growth in a manner that will optimize existing
infrastructure.
This application conforms with the policies of the Provincial Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands as "Living Areas", which shall
be used predominately for housing purposes. The proposed rezoning application is
completing four residential lots within an existing residential area.
This proposal conforms with the Durham Regional Official Plan,
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands Urban Residential — Low
Density. The lands are located within the Hancock Neighbourhood. The lots that will
be created as a result of the conditionally approved consent applications are
consistent with the lots shown in the Hancock Neighbourhood Design Plan that was
recently revised and approved on April 17, 2013.
The Clarington Official Plan recognizes the importance of natural heritage features
and promotes the protection of natural heritage features and functions from
incompatible development. Prior to development adjacent to a natural heritage
feature an Environmental Impact Study (EIS) is required to determine potential impact,
if any, the proposed development may have on the natural heritage feature, as well as
mitigative measures. An EIS was conducted and submitted with the subdivision
application that created the existing residential lots and Blocks 96-99 along Harry Gay
Drive. The four proposed lots, including the lands zoned "Agricultural (A)" were
considered in the EIS during the review of the existing subdivision. No issues were
identified with the development of the four lots.
This application conforms to the Clarington Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones Blocks 96-99 as "Holding - Urban Residential Exception
(H)R2-18". The Holding Symbol was placed on Blocks 96-99 to ensure no
development occurred on the lands prior to additional lands being acquired and
ensuring development could occur without negative impacts.
REPORT NO.: PSD-032-13 PAGE 7
6.2 The lands that are being conveyed to Blocks 96-99 as a result of the conditionally
approved consent applications are zoned Agricultural "A" in Zoning By-law 84-63.
These portions of the new lots require rezoning to match the current "((H) R2-28)"
zoning of Blocks 96-99.
6.3 Once all conditions contained in the related consent applications and as outlined in
the Clarington Official Plan with respect to the removal of the (H) Holding Symbol are
satisfied a By-law would be required to be brought forward to Council to remove the
holding.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
site and two public meeting notice signs were installed on the properties — one fronting
on Harry Gay Drive and one fronting on Courtice Road.
7.2 The public notices for this application were mailed on April 5, 2013, and the signs
posted on the properties by April 6, 2013, 30 days before the scheduled public
meeting.
7.3 At the time of writing this report, one resident contacted the Planning Services
Department identifying the following concerns:
• Was told the lands were zoned green space and that no houses could be built
on the subject lands.
• Paid a premium to be located adjacent to green space where no houses were
proposed.
• Meetings are held during the day when people are at work.
• Paid to have a fence installed that a neighbour will now be able to use without
being compensated for.
• The subdivision was marketed as the "Woodlands of Upper Courtice" but
trees are being removed to accommodate houses.
8. AGENCY COMMENTS
8.1 The Region of Durham Planning Department has no objections to the proposal.
8.2 The Central Lake Ontario Conservation Authority has no objection to the proposal but
has indicated that removal of vegetation should be completed outside of bird breeding
season which is typically between May 1St and July 31St
REPORT NO.: PSD-032-13 PAGE 8
9. DISCUSSION
9.1 The proposed Zoning By-law Amendment conforms with all applicable Provincial
policy, the policies of both the Durham Region Official Plan and the Clarington Official
Plan, as well as the recently approved Hancock Neighbourhood Design Plan.
9.2 The Engineering Services Department has confirmed that they have no objection to
the approval of this application.
9.3 The Land Division Committee conditional approvals were granted in April. The
conditions are required to be completed before the lands are conveyed to Blocks 96-
99. The conditions outlined in the approval from the Land Division Committee include
rezoning the lands being conveyed to Blocks 96-99, stewardship guidelines in the
form of a Homeowner Education Program to educate future residents about living
adjacent to the natural area and wetlands to the west, satisfying the Engineering
Department with respect to driveways, the sidewalk, streetlights and street trees.
9.4 Prior to the original subdivision application creating Harry Day Drive and George
Reynolds Drive (approved by the Ontario Municipal Board), the Municipality had
approved a Neighbourhood Design Plan (NDP) for the Hancock Neighbourhood. The
four proposed lots were identified south of George Reynolds as part of the NDP. At
the time of Draft Approval four blocks were created providing what would form part of
the four lots identified in the NDP. The four blocks together with additional lands,
which the new owner has recently managed to secure, now allows the completion of
the four lots on the west side of Harry Gay Drive up to George Reynolds. In the recent
update to the NDP, the future four lots were reviewed with respect to any potential
impact on the Provincially Significant Wetland. It was determined that there would be
no adverse impacts.
9.5 As noted above, CLOCA confirmed the trees could not be cleared between May 1 and
July 31. The applicant received approval from the Conservation Authority prior to
clearing and advised municipal staff.
10. CONCURRENCE — Not Applicable
11. CONCLUSION
11.1 In order to allow for the development of four residential lots that are consistent with the
Hancock Neighbourhood Design Plan it is necessary that the subject lands be
rezoned to Holding Urban Residential Exception "(H)R2-18" and once the conditions
of the Consent applications are completed the removal of the Holding provision on the
lands.
11.2 It is recommended that the report be received, and that staff review the comments
received from the public prior to a recommendation report being considered.
REPORT NO.: D-032-13 PAGE 9
CONFORMITY WITH STRATEGIC PLAN —
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
Promoting economic development
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
X Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Brandon Weiler, Planner
Attachments:
Attachment 1 - Key Map
List of interested parties to be advised of Council's decision:
Ken Hoy
Wilson and Linda Reid
Joseph Caiata
Alex Irvine
Durham Regional Planning Department
Municipal Property Assessment Corporation
Attachment 1
To Report PSD-032-13
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