HomeMy WebLinkAboutPSD-040-13 Clarftwn REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 24, 2013 Resolution#: - i'6'-I By-law#:
Report#: PSD-040-13 File#: ZBA 2013-0015
Subject: AN APPLICATION TO AMEND THE ZONING BY-LAW TO ALLOW FOR THE
SEVERANCE OF AN EXISTING SINGLE DETACHED DWELLING FROM
LANDS TO BE RETAINED FOR FUTURE DEVELOPMENT
APPLICANT: STEVE KREZANOWSKI
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-040-13 be received;
2. THAT the applications to amend Zoning By-law 84-63, submitted by Stephen
Krezanowski for the future severance of an existing residential dwelling continue to be
processed and that a subsequent report be prepared; and
3. THAT all interested parties listed in Report PSD-040-13 and any delegations be advised
of Council's
Submitted by: Reviewed by:
av J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
ATS/CP/df
17 June 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-040-13 PAGE 2
1. APPLICATION DETAILS
1.1 Owner: Katherine Krezanowski (Estate)
1.2 Applicant: Stephen Krezanowski
1.3 Proposal: To rezone lands to allow for the severance of an existing single detached
dwelling. The balance of the lands are to be retained for future
development
1.4 Area: 4.8 ha (11.83 acres)
1.5 Location: Part of 28, Concession 3, former Township of Darlington, 3289 Courtice
Road, Courtice
2. BACKGROUND
2.1 The subject lands are within the Hancock Neighbourhood in Courtice. The Hancock
Neighbourhood Design Plan (NDP) was approved on April 17, 2013 and shows how the
lands can be developed with residential uses, roads, and the areas that require
protection.
2.2 Stephen Krezanowski has submitted an application to amend the Zoning By-law to
facilitate the severance of an existing single detached dwelling on a lot having an area of
approximately 2,867 square metres (0.7 acres) from the balance of the property.
2.3 No buildings or structures are proposed to be built on the balance of the property at this
time.
2.4 The subject dwelling is serviced by municipal water and a private septic system. There
are no plans to extend sanitary services in the vicinity of the subject lands at this time.
Extension of sanitary services will depend on future development applications, complete
with supporting studies.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 A single detached dwelling (1952) exists on the subject lands. A Provincially Significant
Wetland and forested area account for approximate 70% of the property's area. The
remainder of the lot is maintained as lawn.
REPORT NO.: PSD-040-13 PAGE 3
FIGURE 1
Low Density Residential _; /V
Medium Density Residential
Environmental Protection Areas
Provincially Significant Wetland
Existing Residential
Cs Future Convenience Store
18T--94027
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Subject Lands Owned By
Krezanowski
Future Alignment Of George Reynolds Drive
EXTRACT FROM HANCOCK NEIGHBOURHOOD DESIGN PLAN
3.2 The surrounding uses are as follows:
North - Residential dwellings on existing lots of record; Draft approved plan of
subdivision (18T-94027)
South - Residential dwellings on existing lots of record; future alignment of George
Reynolds Drive; agricultural operation
East - Servicing corridor & trail system; significant woodlot and Provincially
Significant Wetland
West - Residential dwellings on existing lots of record; Provincially Significant
Wetland
REPORT NO.: PSD-040-13 PAGE 4
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) promotes growth in settlement areas. 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.
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
have been evaluated and it has been demonstrated that there will be no negative
impacts.
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.
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 in the
Clarington Official Plan. A Medium Density Residential symbol applies with the intention
that lands fronting on to Courtice Road can be developed at a higher density (townhouse
units or low-rise apartment buildings, for example).
The predominant use of lands designated Urban Residential shall be for housing
purposes. The property has frontage on Courtice Road, which is identified as a Type A
Arterial Road. These roads are designed to move large volumes of traffic and have a
right-of-way width ranging from 36 to 50 metres.
Environmental Protection Areas are recognized as the most significant components of the
Municipality's natural environment. As such, these areas and their ecological functions
REPORT NO.: PSD-040-13 PAGE 5
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. The
property is within the Lake Iroquois Beach and contains, as well as being 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 is required for any development within 120 metres of any
natural heritage feature.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) and Environmental
Protection (EP). The current "A" zone does not support the creation of the new lot.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site.
A Public meeting sign was installed on the property by May 24, 2013. At the time of
writing this report no members of the public have contacted staff about this application.
8. AGENCY COMMENTS
8.1 Central Lake Ontario Conservation Authority (CLOCA)
CLOCA identifies the Natural Heritage System on the subject lands, including a
Provincially Significant Wetland and a tributary of the Black Creek. This system, including
any associate buffers, is to remain free from development activities.
Any development within 120 metres of the wetland boundary would require an
Environmental Impact Study (EIS) to be completed. CLOCA requires a minimum of 30
metre buffer from the boundary of the wetland. However, since no new construction is
proposed, and the new lot would be in excess of 30 metres from the wetland boundary,
CLOCA has no objection to the rezoning. CLOCA recommends that the Natural Heritage
System be rezoned Environmental Protection.
The entire parcel is within an area regulated by CLOCA and a permit is required prior to
any development activity.
8.2 Region of Durham
Regional Planning has identified that the lands are designated "Living Area" and has no
objection to the application. The Region also highlights that the lands are connected to
municipal water, and a private sewage system. The residence was connected to
municipal water under the Region's "Well Interference Policy". Under this policy, as part
of the future severance application, Regional watermain frontage charges will be
REPORT NO.: PSD®040®13 PACE 6
applicable to the severed land prior to issuance of a building permit. The applicant will
also be required to convey a road widening across the frontage of the severed and
retained lands along Courtice Road.
8.3 Other Agencies
Rogers has no objection to the application.
9. DEPARTMENTAL COMMENTS
9.1 Engineering Services
Engineering Services has no objection, in principle, to the rezoning. Development on the
vacant parcel will require subsequent development applications and further study. No
development is to occur on the future vacant parcel.
9.2 Emergency and Fire Services
Emergency and Fire Services has no concerns.
9.3 Building Division
The Building Division has no objections.
10. DISCUSSION
10.1 The proposed rezoning to facilitate a future severance does not conflict with the recently
approved Hancock Neighourhood Design Plan. The proposed rezoning is not achieving
the ultimate density for the development of the land however it would not impede the
future development of the lands.
10.2 Planning Staff and CLOCA have discussed the proposal and determined that while the
rezoning/severance would be within 120 metres of a natural heritage feature, the
proposed lot is in excess of 30 metres from a feature, and no new development and/or
site alteration is proposed as a result of the two applications. The applicant maintains that
the future severed lot containing the dwelling would not be further developed at this time,
while the balance of the lands would remain vacant. As no new construction is proposed
at this time, an Environmental Impact Study is not required as part of this application, but
will be required as part of any future development applications in accordance with the
Natural Environment and Resource Management policies of the Official Plan.
10.3 Further to Item 10.2, prior to drafting a recommendation report, Staff will explore the
appropriate mechanism to prohibit construction of a dwelling on the balance of the lands
to ensure no new construction and/or site alteration takes place on the balance of the
lands. Future development applications and supporting studies, including an
Environmental Impact Study, will be required.
REPORT NO.: PSD-040-13 PAGE 7
10.4 The proposed rezoning, if approved, would facilitate the creation of a lot with a depth of
94 metres. The intent is to ensure the future severed lot would have frontage on the
future north-south road that is shown on the Hancock Neighbourhood Design Plan. Then,
at such a time as the road and services are extended, lots could be further severed
fronting on the new north-south road. The exact alignment of the new north-south road
has not been determined at this time. Further discussion on the future alignment of this
stretch of road may be required as part of this application.
10.5 Consistent with the recent approval of Official Plan Amendment No. 80, portions of the
subject lands will be rezoned Environmental Protection to align with the Environmental
Protection designation of the Official Plan. The limits of the Environmental Protection
Zone may be refined during the review of future development applications.
11. CONCURRENCE — Not Applicable
12. CONCLUSION
12.1 The purpose of this report is to provide background information on the proposed rezoning
application submitted by Stephen Krezanowski for the Public Meeting under the Planning
Act. Staff will continue processing the application including the preparation of a
subsequent report upon resolution of the identified issues.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Anne Taylor Scott, Planner II
Attachments:
Attachment 1 - Key Map
Attachment 2 - Sketch of Area to be Rezoned
List of interested parties to be notified of Council's decision:
Steve Krezanowski
Attachment 1
To Report PSD-040-13
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