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Home My WebLink AboutPSD-066-13 Cladiwa REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 25, 2013 Resolution#: -5,57-i By-law#: Report#: PSD-066-13 File#: ZBA 2013-0027 Subject: AN APPLICATION TO REZONE LANDS TO ALLOW FOR THE CREATION OF 13 SINGLE DETACHED RESIDENTIAL LOTS APPLICANT: GWENDOLYN THIELE, 1361189 ONTARIO LIMITED & CLARET INVESTMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-066-13 be received; 2. THAT the application to amend the Zoning By-law, submitted by Gwendolyn Thiele, 1361189 Ontario Limited, & Claret Investments Limited to allow for the creation of 13 single detached residential lots, continue to be processed and that a subsequent report be prepared; and 3. THAT all interested parties listed in Report PSD-066-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Da Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer ATS/CP/df/nl/av 19 November 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-066-13 PAGE 2 1. APPLICATION DETAILS 1.1 Owner/Applicant: Gwendolyn Thiele, 1361189 Ontario Limited, & Claret Investments Limited 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Proposal: To place lands in appropriate zones to allow for the creation of 13 single detached residential lots by consent, and to define the environmental protection areas, all in accordance with the Hancock Neighbourhood Design Plan. 1.4 Area: 0.987 ha 1.5 Location: Part of Lot 27, Concession 3, former Township of Darlington, including 3252 Hancock Road, Courtice. 2. BACKGROUND 2.1 On September 30, 2013, D.G. Biddle & Associates Limited submitted an application to rezone lands on the south side of George Reynolds Drive, just west of Hancock Road, in the Hancock Neighbourhood. 2.2 Registered Plan of Subdivision 40M-2364 includes the lots along the north side of George Reynolds Drive, fronting Harry Gay Drive, and also Blocks 100 and 101 which are subject to this rezoning. Blocks 100 and 101, together with 3252 Hancock Road (Thiele lands) are the lands subject to this rezoning application. This application proposes to rezone the lands to allow 13 lots with frontage along George Reynolds Drive (approximately 31.6 metres deep) (Figure 1). 2.3 The recent revisions to the Hancock Neighbourhood Design Plan considered the development potential of these lands. The proposed lots are near a Provincially Significant Wetland (PSW). An 18 metre buffer (minimum) will be provided between the PSW and the rear of the proposed lots. Official Plan Amendment No. 80 to the Clarington Official Plan generally shows the lands to be protected and lands for development along the south side of George Reynolds Drive. 2.4 Based on an evaluation by Plan B supported by CLOCA, the Hancock Neighbourhood Design Plan was revised to illustrate 13 single detached residential lots fronting on George Reynolds Drive. The thirteen lots have been pre-serviced with municipal sanitary and water services. The existing dwelling at 3252 Hancock Road will become a corner lot at the southwest corner of George Reynolds Drive and Hancock Road on the reconfigured lot. Access to this lot will remain as is along Hancock Road, municipal sanitary and water services will be connected from George Reynolds Drive, and private services abandoned. REPORT NO.: PSD-066-13 PAGE 3 2.5 During the review of the Hancock Neighbourhood Design Plan, the Central Lake Conservation Authority requested that Block 101 which was previously cleared of vegetation, and will now form part of the buffer to the proposed lots, be enhanced with replanting prior to development of the lots. A planting plan was submitted with the subject application. Any portion of the subject lands identified as PSW and buffer area would be placed in the Environmental Protection (EP) Zone as part of this rezoning application. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 Figure 1 (below) outlines the subject lands, proposed lot layout, surrounding uses and identifies the different ownership of land. The Environmental Protection area shown on Figure 1 reflects the Official Plan designation and the Hancock Neighbourhood Design Plan. The Environmental Protection area includes lands identified as Provincially Significant Wetlands and wooded areas. FIGURE 1 N Property Location Map(Courtice) Environmental Protection Area •••,`-.l•,,`. I Subject B Existing Residential i p µ "• iueinr vux ouaw I I 0 flm1 _ GEORGE REYNOLDS OR ceolrx et»iaos aehr 'y� ^�'I U j.i ° a_(fill BLOCK 100 PLAN 40M-2964 w01" 5+, ':++%r':'w•''•'•,.::. 'erg.•.' ••+`'•�7%:,•4':.;.+•wjlr .°� �� _r\ _' Neighbourhood i• •'`••''°'�' 4: `�+''" r ;'•-'t:'. Park • O Subject Site BLOCK�101 PLAN 40M-2364 ' Lands Owned By Thiele •we, •,i➢'�G`"° 24 ! Lands Owned By 1361189 Ontario Ltd ••,•A '°�%�`'' "� &Claret Investments Ltd a ^Enylronmental Protection Area - c ZEA 2013-0027 REPORT NO.: PSD-066-13 PAGE 4 3.2 Block 100 and Block 101 have been previously cleared of vegetation. The Thiele property is treed. A small portion of the PSW is present on Block 101, see Figure 2. 3.3 The surrounding uses are as follows: (See Figure 2) North - Existing residential lots along George Reynolds Drive South - Existing deep lots along Hancock Road, including wooded areas and Provincially Significant Wetlands East - Lands within Protected Countryside Area of Greenbelt West - Neighbourhood Park FIGURE 2 r. - a — -- - iiiiia o GEORGE REYNOLDS DR Y U �. ° Z etocn a s Q em mo tl . �qs a q to 76n F F 6 +` ..MnN Nu-1nn N9/Hrerl pw-11N Ixn Na-md w ch1 nl/vA lra.. ,rM .nen ri-iwt �IWna i m., BLOCK 14 BLOCK 101-, GREEN SPACE(CORRi 11gpllPER) 136 ha 1 ` < Tot, }" ML �. y � , ♦ k. - .ti , P'ovmcially.Significant Wetland }' an" rt• - - - ZBA 2013-0027 REPORT NO.: PSD-066-13 PAGE 5 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 lands as "Living Areas", which shall be used predominately for housing purposes. The proposed rezoning application would allow for the creation of the 13 lots, and would protect the natural heritage features, within an existing residential area. 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 Design Plan. The lots that will be created will be consistent with the lots shown in the Hancock Neighbourhood Design Plan that was revised and approved by Council earlier this year. The PSW lands, buffer and wooded areas identified as Environmental Protection Area in the Official Plan would be zoned Environmental Protection. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone which does not permit urban residential uses, or provide appropriate protection to lands containing natural features. REPORT NO.: PSD-066-13 PAGE 6 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject lands and a public meeting sign was erected along George Reynolds Drive and along Hancock Road. 7.2 At the time of writing this report one individual has contacted staff regarding the application. The nearby resident offered suggestions for the planting plan, which were forwarded to CLOCA for consideration. The resident also recommends that lighting in the rear yard of the lots be minimized and that any clearing avoid the bird breeding season. 8. AGENCY COMMENTS 8.1 Regional Planning Regional Planning finds that the proposal conforms to both the Growth Plan and Regional Official Plan. The Region also reiterates that CLOCA's approval on the protection of the nearby environmental features is required. Municipal water and sanitary services are available to each of the proposed lots including the existing dwelling at 3252 Hancock Road. Conditions will be imposed at the time of creating the lots, including the requirement to abandon the existing private well at 3252 Hancock Road once the dwelling is connected to municipal services. 8.2 Central Lake Ontario Conservation Authority CLOCA confirms that an extensive restoration planting plan must be implemented for Block 101 prior to development. The Planting Plan submitted with the application is not acceptable to CLOCA. To provide sufficient protection of the PSW, additional plantings, including Butternut trees, are required. CLOCA does not object to the rezoning of the lands, however it recommends that a Holding symbol be in place until the planting plan has been implemented to the satisfaction of CLOCA and the Municipality of Clarington. A permit from CLOCA will be required prior to development. 8.3 Kawartha Pine Ridge District School Board The school board has advised they have no objection to the rezoning application. Any students generated by the 13 proposed dwellings would attend Courtice North Public School and Courtice Secondary School. REPORT NO.: PSD-066-13 PAGE 7 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services Engineering Services has no objections to the rezoning. A subdivision agreement will be required prior to development proceeding, which will deal with such items as road restoration, sidewalk removal and replacement, curbs, driveway aprons, street trees, deposits and securities, and resolution of front-ending payments. 9.2 Emergency and Fire Services Emergency and Fire Service has no fire safety concerns with the proposal. 9.3 Building Division The Building Division has no objections. 10. DISCUSSION 10.1 The rezoning would change the current zoning of the lands from Agricultural (A) Zone which does not permit urban residential uses, to an urban residential zone that would permit the proposed lots. Eleven of the lots would have a minimum lot frontage of 15 metres, and two (2) would have a minimum lot frontage of 12 metres. 10.2 As part of this rezoning application, any portion of the subject lands identified as PSW, buffer area or woodlot would be placed in the Environmental Protection (EP) Zone. The EP Zone would be consistent with the Environmental Protection Area shown on Figure 1. 10.3 The proposed rezoning application is consistent with recently approved Official Plan Amendment No. 80 and the Hancock Neighbourhood Design Plan. Should the rezoning be approved, the applicant intends to apply to Regional Land Division Committee to create the lots. The owner will be required to enter into a development (subdivision) agreement with the Municipality of Clarington. 10.4 The purpose of the Public Meeting is to gather input from the public. A future report will be prepared once all staff and agency comments have been received and addressed, and once all issues are resolved. 11. CONCURRENCE — Not Applicable 12. CONCLUSION 12.1 The purpose of this report is to provide background information for the Public Meeting regarding a rezoning application to allow for the creation of 13 single detached residential lots, submitted by Gwendolyn Thiele, 1361189 Ontario Limited, & Claret REPORT NO.: PSD-066-13 PAGE 8 Investments Limited. 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 List of interested parties to be advised of Council's decision: Gwendolyn Thiele 1361189 Ontario Limited Claret Investments Limited D.G. Biddle & Associates Limited