HomeMy WebLinkAboutPSD-010-16 Cladiwa
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Report To: Planning and Development Committee
Date of Meeting: February 1, 2016
Report Number: PSD-010-16 Resolution Number:
File Number: ZBA2015-0001 and ZBA2015-0017 By-law Number: c_; lNU- 019
Report Subject: Applications for Zoning By-law Amendments to permit single 15
detached dwelling and 1 linked dwelling lots on Holyrod Drive in
Courtice
Recommendations:
1. That Report PSD-010-16 be received;
2. That the Zoning By-law Amendment application submitted by H & H Building Corporation
(Valleymore Land Corp.) be approved as contained in Attachment 1 to Report PSD-010-
16;
3. That the Zoning By-law Amendment application submitted by LDB Holdings Ltd. be
approved as contained in Attachment 2 to Report PSD-010-16;
4. That a by-law(s) be forwarded to Council to lift the `Holding (H) Symbol' at such time as
the applicants enter into an agreement with the Municipality to the satisfaction of the
Director of Planning Services;
5. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-010-16 and
Council's decision; and
6. That all interested parties listed in Report PSD-010-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-010-16 Page 2
Report Overview
D.G. Biddle and Associates, on behalf of H & H Building Corporation (Valleymore Land Corp.)
and LDB Holdings Ltd., have submitted separate applications to amend Zoning By-law 84-63
to permit 5 single detached dwelling lots and 1 linked dwelling lot on Holyrod Drive in Courtice.
The proposed lots were identified generally in the Hancock Neighbourhood Secondary Plan
and the services installed when the Courtice North subdivision's services were constructed.
The Environmental Impact Study submitted by the applicants indicates no foreseen negative
impacts on the environmentally sensitive areas surrounding the proposed lots. Staff
recommends approval of the zoning by-law amendment applications.
1 . Application Details
1.1. Owner/Applicant
Application ZBA2015-0001 — (Cross Reference: LD2015-107 to LD2015-110) H & H
Building Corporation (Valleymore Land Corp.).
Application ZBA2015-0017 — (Cross Reference: LD2015-10 and LD2015-111) LDB
Holdings Ltd.
1.2. Agent
D.G. Biddle & Associates Ltd. (both applications).
1.3. Proposal
ZBA2015-0001 proposes to rezone the western portion of 3359 Courtice Road to permit 3
single detached dwellings and 1 linked dwelling lot fronting onto Holyrod Drive. The
lands will be added to Block 81 of Plan 40M-2496 which fronts onto Holyrod Drive.
ZBA2015-0017 proposes to rezone a portion of 3325 Courtice Road to permit 2 single
detached dwelling lots fronting onto Holyrod Drive.
1.4. Area
ZBA2015-0001 (3359 Courtice Road) is 1.01 hectare (2.5 acres).
ZBA2015-0017 (3325 Courtice Road) is 1.23 hecatre (3.03 acres).
1.5. Location
3359 and 3325 Courtice Road, Part Lot 28, Concession 3, former Township of Darlington.
1.6. Within Built Boundary
Yes, the lands to be added to Block 81 are within the Built Boundary.
Municipality of Clarington
Report PSD-010-16 Page 3
2. Background
The subject lands are within the Hancock Neighbourhood. The two phases of the
subdivision, known as Courtice North, which are north and east of the subject lands were
approved in 2013 and 2014. The subject lands were not owned by the developer of the
subdivision when it was approved; however, the Hancock Neighbourhood Design Plan
that was revised and supported by Council in April 2013, indicated future lots on the
subject lands fronting onto the road, now known as Holyrod Drive (see Figure 2). Block
81 was created in Plan 40M-2496, which is a narrow strip on the west side of Holyrod
Drive in anticipation of creating the future lots.
When the services and the roads for Courtice North were being constructed the subject
lands had services installed in anticipation of the future severances and to prevent
Holyrod Drive from having to be dug up and reconstructed. During the design of the
subdivision an area was also identified for overland flow to ensure proper management of
stormwater for the subdivision. This overland flow area is identified between two of the
proposed lots. The first portion of this overland flow area was identified and conveyed to
the Municipality when Block 81 was created and the subdivision was registered. The
remainder of the overland flow lands will be required to be conveyed to the Municipality
after it is constructed by the applicants through the related severance process.
The subject lots are adjacent to environmentally sensitive lands, Special Policy Area 7 in
the Official Plan.
In the summer of 2015, the applicants submitted applications to Durham Region Land
Division Committee for the proposed severances. The applications were tabled until
complete zoning by-law amendment applications were received and the Environmental
Impact Study was reviewed by the Central Lake Ontario Conservation Authority and
municipal staff. Complete rezoning applications were received at the end of October
2015.
On November 16, 2015, the Durham Region Land Division Committee conditionally
approved the land severance applications associated with application ZBA2015-0001,
3359 Courtice Road. Staff indicated a number of conditions that would need to be met
prior to final approval of the land division applications, including approval of the rezoning
of the lands. The land severances for application ZBA2015-0017 are still tabled and
waiting to be brought back forward before the Land Division Committee.
A public meeting was held on December 7, 2015 to provide an opportunity for the public
to provide feedback on the applications. Four residents submitted written comments or
contacted staff by phone prior to the meeting and one resident spoke at the meeting.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located on the west side of the southern end of Holyrod Drive in the
Courtice North subdivision. Holyrod Drive has been constructed and services installed
for the proposed lots on the subject lands when the services were installed within
registered subdivision plan 40M-2496, Phase 1 a of the Courtice North subdivision.
Municipality of Clarington
Report PSD-010-16 Page 4
The Courtice North subdivision is currently being developed with majority of the homes
being completed or under construction.
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Figure 1: Aerial Photo of Subject Lands
3.2 The surrounding uses are as follow:
North: Urban Residential — single detached dwellings
South: Environmental Protection lands
West: Urban Residential — single detached dwellings and Environmental Protection
lands identified as Special Policy Area 7
East: Urban Residential — currently vacant
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement 2014 identifies "Settlement Areas" as the focus of
growth. Land use patterns shall be based on densities and a mix of land uses that
efficiently use land, resources and infrastructure. Furthermore, planning authorities shall
Municipality of Clarington
Report PSD-010-16 Page 5
promote opportunities for intensification where this can be accommodated taking into
account the availability of suitable existing or planned infrastructure and public service
facilities required to accommodate projected needs.
The Provincial Policy Statement 2014 states that natural features and areas shall be
protected for the long term and the diversity and connectivity of natural features, and the
long-term ecological function and biodiversity of natural heritage systems, should be
maintained, restored or, where possible, improved, recognizing linkages between and
among natural heritage features and areas, surface water features and ground water
features. Development in and around these features is not permitted unless it has been
demonstrated that there will be no negative impacts on the natural features or their
ecological functions.
The application is consistent with the Provincial Policy Statements.
4.2 Provincial Growth Plan
The Growth Plan for the Greater Golden Horseshoe, 2006 contains guiding principles to
optimize the use of existing and new infrastructure to support growth in a compact,
efficient form. The Growth Plan also provides direction for the Municipality to manage
growth by directing development to settlement areas, preferably through the
intensification of existing lands, and that a minimum of 40% of all residential development
occurring annually within each upper-tier municipality be within the "Built-up Area".
The subject lands are located within the provincially defined "Built Boundary" where
intensification and efficient utilization of existing infrastructure is encouraged.
Natural heritage systems and natural features are to be identified by municipalities and
protected for the long term.
The application is consistent with 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 that will be developed in a cost-effective and
efficient manner and create a living environment that is safe and in harmony with nature.
The proposed application utilizes existing infrastructure efficiently.
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 and Special Policy Area 7. The lands are located within the Hancock
Neighbourhood Design Plan.
Municipality of Clarington
Report PSD-010-16 Page 6
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Figure 2: Proposed lots in Hancock Neighbourhood Plan
Special Policy Area 7 is the location of a tributary to the Black Creek, known as the
Macourtice Tributary. This tributary is considered indirect fish habitat, lies adjacent to a
part of the Provincially Significant Wetland and forms part of the hydrological function of
the neighbourhood. The Official Plan indicates that the exact alignment of this tributary
may be the subject of further studies to identify natural features and appropriate buffers
from these features. Subject to additional study lands identified as "Environmental
Protection Area" within Special Study Area No. 7 may be developed for residential uses
subject to the study defining feature limits and appropriate buffers.
The portion of the lands currently subject to the rezoning applications are consistent with
the lots shown in the Hancock Neighbourhood Design Plan that was supported by
Council. The applicants have submitted an Environmental Impact Study identifying the
Macourtice tributary and the Provincially Significant Wetland in Special Policy Area 7.
This application conforms to the Clarington Official Plan.
Municipality of Clarington
Report PSD-010-16 Page 7
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands as Agricultural (A) and Environmental
Protection (EP). The Agricultural zone permits rural development including single
detached dwellings on large lots. The Environmental Protection zone does not permit
development for residential purposes. Block 81 of Plan 40M-2496, which abuts Holyrod
Drive for 3 of the proposed single detached dwellings and the linked dwellings, is zoned
"Holding — Urban Residential Exception ((H)R2-78) which permits single detached
dwellings with a minimum 12 metre frontage. The holding symbol would be removed by
by-law once the applicants entered into an agreement with the Municipality.
The proposed Zoning By-law amendment would allow for 5 single detached dwellings
with a minimum lot frontage of 12 metres and 1 linked dwelling lot with a minimum lot
frontage of 18 metres, matching the majority of the lots in the subdivision surrounding the
subject lands.
7. Summary of Background Studies
Environmental Impact Study
The applicants submitted an Environmental Impact Study that was scoped to look
specifically at the creation of lots with a depth of 43 metres on the west side of Holyrod
Drive. The scoped Environmental Impact Study was undertaken to provide a description
and evaluation of the existing natural environment conditions, to screen for species at risk
and rare species, identify potential environmental impacts and to recommend mitigation
measures to protect, restore and enhance the natural environment.
The study concluded the proposed lots maintain greater than 30 metre setback from the
Macourtice tributary and the Provincially Significant Wetland to the south of the proposed
development. Also, no wetland indicator species or features were observed in the area of
the proposed development.
Several plant species listed as rare or uncommon in Durham Region and the Greater
Toronto Area were observed on the subject lands. Several individual plants were
salvaged and re-planted in a suitable location not far from the subject lands.
After the field work for the study was completed the applicants indicated that they would
like to increase the proposed lot depths to 47 metres. The applicants have submitted an
addendum to the original report that indicates further plant salvage and replanting
occurred in the fall of 2015 for the areas of the proposed lots where transplanting did not
originally occur. The addendum indicated that the most recent transplants occurred onto
the property at 3325 Courtice Road and a management plan should be created to ensure
this area is managed properly. Creation of a management plan can be included as a
condition of the severances for the southern 2 lots, at 3325 Courtice Road, which are
currently tabled by the Land Division Committee.
Municipality of Clarington
Report PSD-010-16 Page 8
The study also indicate the applicants proposed the following mitigation measures:
• All roof leaders are to be directed towards grade to allow infiltration; and
• 300mm of topsoil is proposed to be placed in the rear yards to promote infiltration
before runoff is directed to the Macourtice tributary.
8. Public Submissions
At the public meeting on December 7, 2015, one resident addressed the Planning and
Development Committee indicating that they were informed by the former owner of their
house that a permanent fence would be installed as part of the subdivision development
at the rear of their property which fronts onto Hancock Road and extends to the service
corridor connecting Harry Gay Drive and George Reynolds Drive. The final subdivision
and service corridor plans do not indicated any permanent fencing along the service
corridor. Silt screen fencing which was installed during the construction of the service
corridor is used as a temporary sediment control measure but is not meant to be
permanent. In addition staff confirmed with the Central Lake Ontario Conservation
Authority that the area on both sides of the service corridor is a natural linkage area for
wildlife in the area and they would not want to see permanent chain link or board fencing
in this area. Staff has provided the information outlined above to the resident.
Prior to the public meeting staff received inquiries from area residents. The concerns
related to the proposed lot depth, compatibility of the proposed development with the
surrounding neighbourhood, increased traffic, protection of the environmentally sensitive
areas surrounding the proposed lots and the perception that Courtice was being over
developed.
The proposed development will be zoned the same as many of the lots in the surrounding
subdivision and will be similar in nature. The proposed lot depth was determined once
the setbacks for the environmentally sensitive areas were determined through the
Environmental Impact Study. The Environmental Impact Study indicates the proposed
lots can be a depth of 47m and have no foreseen negative impacts on the surrounding
environmentally significant features.
The proposed lots were planned as part of the development of this neighbourhood. Staff
does not expect the proposed development will increase traffic levels significantly in the
subdivision.
9. Agency Comments
9.1 Regional Municipality of Durham
The Region of Durham have no objection to the creation of the proposed lots under the
application.
Municipality of Clarington
Report PSD-010-16 Page 9
9.2 Central Lake Ontario Conservation Authority
The Central Lake Conservation Authority provided comments indicating that they were
satisfied with the findings in the Environmental Impact Study and were satisfied with the
mitigation measures proposed for the plant salvage.
The comments also indicated concern regarding the grading of the most southerly lot
(part of LDB Holdings Ltd. application) and the maintenance of the overland flow area
(part of H&H Building Corp application).
The overland flow route maintenance was addressed by staff when providing comments
on H&H Building Corp. severance applications. The conditional approval issued by the
Region included a condition of a maintenance easement in favour of the Municipality.
The applicant has provided permission for grading on the property south of the proposed
lot. The Conservation Authority is now satisfied regarding these issues.
9.3 Kawartha Pine Ridge District School Board
The Kawartha Pine Ridge District School Board have no objections to the creation of the
proposed lots under the application. It was noted that any students generated by the
proposed dwellings would attend Courtice North Public School (JK-8) and Courtice
Secondary School (9-12).
10. Departmental Comments
10.1 Engineering Services
Engineering Services has reviewed the application and has no objections in principle.
Engineering Services has provided a number of conditions that must be met as part of
the Land Division applications.
10.2 Emergency and Fire Services
Emergency & Fire Services have reviewed the application and advised that they have no
objections or concerns with the application.
11 . Discussion
The applicants are proposing to amend Zoning By-law 84-63 to permit the creation of 5
single detached dwelling lots and 1 linked dwelling lot by rezoning the subject lands from
Agricultural to an appropriate Urban Residential zone.
The proposed Zoning By-law Amendment conforms with all applicable Provincial policy
and the policies of both the Durham Region Official Plan and the Clarington Official Plan.
The proposed lots were generally identified when the Hancock Neighbourhood Design
Plan was updated and considered by Council in 2013. The services for the proposed lots
were installed in 2014 at the same time as the services for the subdivision to the north,
which is continuing to develop.
Municipality of Clarington
Report PSD-010-16 Page 10
The scoped Environmental Impact Study, reviewed by Central Lake Ontario Conservation
Authority staff and municipal staff, concluded that there would be no negative
environmental impacts as a result of the proposed development. An addendum report to
the original study indicated further plant salvage has been undertaken and that a
management plan for an area at 3325 Courtice Road, where the transplants occurred,
should be created. The recommendations for the study will be incorporated when issuing
conditions of the severance applications.
Staff recommends zoning a portion of the subject lands to the west and south of the
proposed lots Environmental Protection to match the Official Plan designation and
Hancock Neighbourhood Design Plan. The lands are designated Special Policy Area 7 in
the Official Plan which states that an Environmental Impact Study is required prior to any
development. Should the applicants submit future applications to rezone the western
portion of their lands, an Environmental Impact Study will be required to determine the
limits of the Environmental Protection area and any features and setbacks to them. This
may result in the Environmental Protection zone boundary being adjusted in the future
once a study determines the exact limits.
The lands located at 3359 Courtice Road would be required to be added to Block 81 in
Plan 40M-2496 to create the proposed lots fronting onto the west side of Holyrod Drive.
Once the land division conditions are met, including the rezoning, Block 81 would then
need to go through Part Lot Control to divide it into the appropriate widths for each lot.
The southern 2 lots on 3325 Courtice Road already have frontage onto the west side of
Holyrod Drive.
Staff recommends placing a holding symbol on the rezoning to ensure all conditions
required prior to development are met. The applicants will be required to enter into an
agreement with the Municipality dealing with issues normally set out in subdivision
agreements. Once the applicants enter into an agreement with the Municipality to the
satisfaction of the Director of Planning Services, staff will forward a by-law to Council to
remove the holding symbol.
The lots were generally identified in 2013 when the Hancock Neighbourhood Design Plan
was revised and considered by Council. The scoped Environmental Impact Study
submitted by the applicants provide more detail on the exact limits of the lots in relation to
the environmentally significant areas to the west and south. No departments or agencies
have any objection to the applications.
12. Concurrence
Not Applicable
13. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the applications to permit 5 single detached lots and 1 linked dwelling lot be
approved.
Municipality of Clarington
Report PSD-010-16 Page 11
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan by managing
growth.
Submitted by: Reviewed by:
Dav rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler@clarington.net
Attachments:
Attachment 1 — Proposed Zoning By-law Amendment for ZBA2015-0001 H & H Building
Corporation (Valleymore Land Corp.)
Attachment 2 - Proposed Zoning By-law Amendment for ZBA2015-0017 LDB Holdings Ltd.
The following is a list of the interested parties to be notified of Council's decision:
Michael Fry, D.G. Biddle & Associates
Hannu Halminen, H & H Building Corporation (Valleymore Land Corp.)
Derek Baird, LDB Holdings Ltd.
Christine Allenby
Ronald Olsen
James Finnigan
Laura Gallagher
Lynn Weatherbee
BW/FL/df
Attachment 1 to
Municipality of Clarington Report PSD-010-16
Corporation of the Municipality of Clarington
By-law Number 2016-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
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
2015-0001; and
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)R2-78) Zone", from "Agricultural (A) Zone" to "Holding - Urban Residential Exception
((H)R1-90) Zone", from "Agricultural (A) Zone" to "Environmental Protection (EP) Zone",
and from "Holding- Urban Residential Exception ((H)R2-78) Zone" to "Holding - Urban
Residential Exception ((H)R1-90) 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 .12016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D.
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- Zoning Change From "(H)R2-78"To "(H)R1-90"
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Adrian Foster,Mayor Courtice • ZBA 2015-0001 9 Schedule 4 C.Anne Greentree,Municipal Clerk
Attachment 2 to
Municipality of Clarington Report PSD-010-16
Corporation of the Municipality of Clarington
By-law 2016-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
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
2015-0017; and
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)R2-78) Zone" and from "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 day of , 2016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D.
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