HomeMy WebLinkAboutPSD-010-14 uianngton REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 3, 2014 Resolution#: Vr - q- By-law#: cab/ °
Report#: PSD-010-14 File#: ZBA 2013-0015
Subject: AN APPLICATION 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-010-14 be received;
2. THAT the application to amend Zoning By-law 84-63, submitted by Stephen
Krezanowski for the future severance of an existing residential dwelling be approved as
contained in Attachment 1;
3. THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-010-14 and Council's decision; and
4. THAT all interested parties listed in Report PSD-010-14 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
avi . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
ATS/CP/df
27 January 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-010-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner: Katherine Krezanowski (Estate)
1.2 Applicant: Stephen Krezanowski
1.4 Proposal: To rezone lands to allow for the severance of an existing single detached
dwelling from lands to be retained for future development
1.5 Area: 4.8 ha (11.83 acres)
1.6 Location: 3289 Courtice Road, Courtice - Part of Lot 28, Concession 3, former
Township of Darlington
2. BACKGROUND
2.1 The subject lands are within the Hancock Neighbourhood in Courtice. The Hancock
Neighbourhood Design Plan was approved on April 17, 2013 and shows how the lands
can be developed with residential uses, roads, and the areas that will form part of the
protected open space system.
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 2,740 square metres (0.7 acres) from the balance of the property.
2.3 No buildings or structures are proposed to be built on the 3.9 hectare 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 municipal 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.
2.5 Following the public meeting held on June 24, 2013, the applicant submitted a land
division application to create the lot which was approved on October 21, 2013, subject
to conditions. One of the conditions is to satisfy the requirements of the Municipality of
Clarington, including rezoning the lands to appropriate zones that would allow the
creation of the lot and protection of the natural heritage features.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 A single detached dwelling (1952) and an accessory building (80 square metres) exists
on the proposed lot to be severed. 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-010-14 PAGE 3
FIGURE 1
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3.2 The surrounding uses are as follows (Figure 2):
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-010-14 PAGE 4
FIGURE 2
Low Density Residential n/
O Medium Density Residential
Environmental Protection Areas = -
Provincially Significant Wetland
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Existing Residential
J uture Convenience Store 1gT--94027
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Future Alignment Of George Reynolds Drive
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EXTRACT FROM HANCOCK NEIGHBOURHOOD DESIGN` A
REPORT NO.: PSD-010-14 PAGE 5
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement 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.
The subject application is consistent with the Provincial Policy Statement.
4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The 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.
The subject application conforms to the Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Region 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.
The subject application conforms to the Durham Regional Official Plan.
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 onto 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, with limited individual access.
REPORT NO.: PSD-010-14 PAGE 6
Environmental Protection Areas are recognized as the most significant components of
the Municipality's natural environment. As such, these areas and their ecological
functions 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 and is 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.
Chapter 4 of the Official Plan requires the completion of an Environmental Impact Study
within 120 metres of any natural heritage feature.
The subject application conforms to the Clarington Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 currently zones the subject lands Agricultural (A) and Environmental
Protection (EP). The existing zoning does not permit the proposed consent application.
7. PUBLIC SUBMISSIONS
7.1 A public meeting was held on June 24, 2013. No members of the public came forward
at the public meeting or during the processing of the application.
8. AGENCY COMMENTS
8.1 Central Lake Ontario Conservation Authority
Central Lake Ontario Conservation Authority 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 to be completed. Central Lake Ontario Conservation
Authority 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, Central Lake Ontario Conservation Authority has
no objection to the rezoning. Central Lake Ontario Conservation Authority recommends
that the Natural Heritage System be rezoned Environmental Protection.
The entire parcel lies within an area regulated by Central Lake Ontario Conservation
Authority. Should any grading or development be proposed in the future, a permit would
be required.
REPORT NO.: PSD-010-14 PAGE 7
8.2 Durham Regional Planning
The Region of Durham has no objections to the proposed rezoning or land severance
application. The Region highlights that any environmental or natural heritage concerns
should be addressed by Central Lake Ontario Conservation Authority.
8.3 Durham Regional Health
The Health Department has no objections and is satisfied that the severed lot can
accommodate the private sewage system. No alterations to the system are required.
8.4 Durham Regional Works
Through the land division application, the Region of Durham Works provided no
objections to the proposed rezoning or land severance application. As a condition of the
land division application, the Region requires the dedication of land for future widening
of Courtice Road. The Works Department highlights that the lands are serviced by
municipal water and frontage charges will apply.
8.5 All other circulated agencies have provided no objections.
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 Any new lot must conform to the requirements of the Zoning By-law. The subject lands
are zoned Agricultural (A) and Environmental Protection (EP) and would not permit the
creation of a residential lot in the urban area.
10.2 The proposed rezoning to facilitate a future severance does not conflict with the recently
approved Hancock Neighbourhood Design Plan. The proposed rezoning is not
REPORT NO.: PSD-010-14 PAGE 8
achieving the ultimate density for the development of the land however it would not
impede the future development of the lands.
10.3 Planning Staff and Central Lake Ontario Conservation Authority 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. 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.
10.4 The applicant has provided a draft reference plan depicting the proposed severed lot
and road widening along Courtice Road. The reference plan has been reviewed by
Planning staff and the Region of Durham and is satisfactory.
10.5 The proposed Zoning By-law Amendment (Attachment 1) would place the residential lot
in the Urban Residential Type One (R1) zone. The existing accessory building has a
floor area of 80 square metres however in urban residential zones, accessory buildings
may only have a maximum floor area of 60 square metres. By placing the lands in the
R1 zone, the existing accessory building (detached garage) would have legal non-
conforming status.
10.6 The balance of the lands, outside of the natural features, will remain in the Agricultural
Zone, with a (H) Holding symbol applied. This will be sufficient 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.
10.7 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.
10.8 All taxes owing to the Municipality of Clarington have been paid in full.
11. CONCURRENCE — Not Applicable
12. CONCLUSION
12.1 In consideration of the comments received from circulated agencies, and based on
review of the proposal, staff recommends that the Zoning By-law Amendment
(Attachment 1) be approved.
REPORT NO.: PSD-010-14 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
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Anne Taylor Scott, Planner II
Attachments:
Attachment 1 - Proposed Zoning By-law Amendment
List of interested parties to be notified of Council's decision:
Steve Krezanowski
ATTACHMENT
TO REPORT PSD-010-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
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 2013-0015;
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 designations from:
"Agricultural(A)Zone"to"Urban Residential Type One (R1)Zone';
"Agricultural (A)Zone"to "Holding (H)—Urban Residential Type One (R1)Zone";
and,
"Agricultural (A)Zone"to"Environmental Protection (EP)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.
BY-LAW passed in open session this 10t"day of February, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2014- ,
passed this day of , 2014 A.D.
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Zoning Change From'A'To'EP'
- Zoning Change From'EP'To'(H)R1'
®Zoning Change From'A'To'R1'
ED Zoning To Remain EP
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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Courtice ZBA2013.0015
SCHEDULE 4