HomeMy WebLinkAboutPSD-036-13 Clariwwn REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 27, 2013 Resolution#: By-law#:
Report#: PSD-036-13 File#: ZBA2013-0005
Subject: AN APPLICATION TO CREATE FOUR (4) RESIDENTIAL LOTS ALONG THE
WEST SIDE OF HARRY GAY DRIVE
APPLICANT: 2055797 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-036-13 be received;
2. THAT the application to amend the Zoning By-law 84-63 submitted by 2055979 Ontario
Inc. be approved, and that the draft Zoning By-law Amendment, as contained in
Attachment 2 to Report PSD-036-13 be passed;
3. THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-036-13 and Council's decision;
4. THAT, 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, the By-law authorizing the removal of the (H) Holding Symbol be forwarded to
Council for approval; and
5. THAT all interested parties listed in Report PSD-036-13 and any delegations be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905-623-3379
REPORT NO.: PS®-036-13 PAGE 2
Submitted byja Reviewed by: .
d P Franklin Wu,
ctning Services Chief Administrative Officer
BW/CP/df
14 May 2013
REPORT NO.: PSD-036-13 PAGE 3
1. APPLICATION DETAILS
1 .1 Applicant: 2055979 Ontario Inc.
1.2 Agent: Ken Hoy, Stonefield Homes
1.3 Proposal: To permit the re-zoning of a portion of the lands located at the east limits
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 remove the
(H) 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 lands subject 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 to 99
inclusive 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, 12.0 metre
frontage 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 During the review of the original draft plan of subdivision, approved in 1997, an
Environmental Impact Study was prepared which supported the creation of the lotting
pattern, including the four lots subject to this application. During the review of the
Hancock Neighbourhood Design Plan amendment, staff, CLOG and the EIS consultant
reconfirmed that four residential lots will not negatively impact any Natural Heritage
Feature including the Provincially Significant Wetland (PSW) to the west of the subject
lands.
REPORT NO.: PSD-036-13 PAGE 4
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.
FIGURE 1
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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.: PD®036®13 PAGE 5
FIGURE 2
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Proposed Lots within the Natural Heritage Features Schedule of
the Hancock Neighbourhood Design Plan Approved 2013
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-036-13 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 (NDP) 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. The EIS completed in support of the
NDP did not identify any issues with the creation of the proposed 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-036-13 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.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail, 30 days prior to the public meeting, 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. No one, other than the applicant, spoke at the Public Meeting.
7.2 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 labelled "Woodlands of Upper Courtice" but trees are
being removed to accommodate houses.
These comments are addressed in Section 9.
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
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.
REPORT NO.: PSD-036-13 PAGE 3
9.3 Blocks 96-99 were created when the existing residential lots along Harry Gay Drive
were registered in 2007. An Environmental Impact Study was submitted and reviewed
for potential impact on the adjacent natural heritage features and it was determined
that the development, including these four lots, would not negatively impact the natural
heritage features on the adjacent lands. In addition, through the update of the
Hancock Neighbourhood Design Plan, undertaken in consultation with an
environmental consultant and CLOCA, the proposed four residential lots were not
identified to require additional review for any potential impact on the natural heritage
features and the Provincially Significant Wetland on the adjacent lands to the west.
9.4 As part of the conditional Land Division Committee approvals, the applicant is required
to adhere to conditions similar to those of the subdivision agreement which created
the existing lots on Harry Gay Drive in 2007; including creating a package for future
homeowners on the impact of living in the vicinity of a sensitive natural area. The
trees on portions of the lots were cleared following conditional approval of the consent
applications. Clearing of the trees and vegetation on the lands was completed
approximately a month ago with permission from CLOCA and the Region of Durham
in order to avoid clearing vegetation during bird breeding season commencing May 1.
Municipal staff was advised of the clearing prior to it commencing.
9.5 Prior to draft approving the original subdivision application creating Harry Day Drive
and George Reynolds Drive, 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 secured, now allows the completion of the four lots on the west side of Harry
Gay Drive up to George Reynolds. Although staff cannot confirm what information
was provided to the objecting neighbor about the subject lands, information on the
configuration of the development and the future surrounding land uses, including the
four lots was available from the Municipality when the existing lots on Harry Gay Drive
were created. Since the original subdivision was created, the NDP for the Hancock
Neighbourhood has been revised. During the revision to the NDP staff conducted
Public Information Centers (PIC's) and provided newspaper and mailed notices to the
area residents. The four proposed lots were not identified as a concern at that time.
The Region of Durham did not receive any objections to the approval of the consents.
The current rezoning has been submitted to address one of the conditions of approval.
9.6 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. It is recommended that the lands being conveyed to Blocks 96-99 be zoned the
same as the Blocks are currently zoned, including the Holding provision. Once the
conditions of the Land Division Committee are complete and the lands are conveyed a
by-law will be brought forward to Council authorizing the removal of the Holding. This
will ensure that the Holding provision will not be removed prematurely, before
development of the lands is appropriate.
10. CONCURRENCE — Not Applicable
REPORT NO.: PSD-036-13 PAGE 9
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". Once the conditions of
the Consent applications are completed the removal of the Holding provision on the
lands will take place.
11.2 Based on the comments in this report, it is recommended that the rezoning application
submitted by 2055979 Ontario Inc. be approved, and that the draft Zoning By-law
Amendment, as contained in Attachment 2 to Report PSD-036-13, be passed.
11.3 The property taxes on the subject lands are current and up to date.
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 1
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
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-036-13
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Attachment 2
To Report PSD-036-13
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2013-
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 2013-0005;
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 designation from "Agricultural (A) Zone" to "Holding Urban
Residential Exception ((H)R2-18) 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 Sections 34 and 36 of the Planning Act.
BY-LAW passed in open session this day of 2013.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is the l -I 013- ,
passed this 1 A.D.
GEORGE REYNOLDS DRIVE
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Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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