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Report To: Planning and Development Committee
Date of Meeting: May 15, 2017
Report Number: PSD-029-17
File Number: ZBA 2017-0010
Resolution Number: PD-090-17
By-law Number:
Report Subject: An Application by George Lysyk and Salvator Risorto to permit the
creation of three building lots for single detached dwellings at 849
Townline Road North, Township of Darlington
Recommendations:
1.That Report PSD-029-17 be received;
2.That the proposed application for Rezoning ZBA 2017-0010 continue to be processed
including the preparation of a subsequent report;
3.That staff consider the public comments received in the further processing of the Zoning
By-law Amendment; and
4.That all interested parties listed in Report PSD-029-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-029-17 Page 2
Report Overview
Staff is seeking public input on a proposed Zoning By-law amendment by George Lysyk on
behalf of Salvatore Risorto to allow reduced lot frontages for the creation of two additional
building lots fronting onto Townline Road North in an existing Rural Cluster.
1. Application Details
1.1. Owner: Salvatore Risorto
1.2. Applicant: George Lysyk
1.3. Proposal: Amend Zoning By-law 84-63 from “Rural Cluster (RC)” to an
appropriate exception zone to allow the creation of two
additional building lots for single detached dwellings.
1.4. Area: 1.48 hectares (3.67 acres)
1.5. Location: 849 Townline Road North, former Township of Darlington
1.6. Roll Number: 1817-010-140-11400
1.7. Within Built Boundary: No
2. Background
2.1. On March 16, 2017, an application was submitted to rezone the property known as 849
Townline Road North to allow the creation of two additional building lots for single
detached dwellings by reducing the minimum required lot frontage. If successful, the
applicant would then submit consent applications to the Region of Durham to create the
parcels. Currently, only one dwelling is permitted to be constructed on the subject lot. If
approved as applied for, this application would allow a total of three building lots.
2.2 A Planning Justification Report prepared by D.G. Biddle and Associates was submitted in
support of the application. A site grading plan was also submitted in support of the
application.
Municipality of Clarington
Report PSD-029-17 Page 3
Figure 1: Proposed lot layout and sample dwelling locations
3. Land Characteristics and Surrounding Uses
3.1 The subject property is generally vacant and located on the east side of Townline Road,
north of Pebblestone Road. The land is relatively level with no significant natural heritage
features on the property. The land owner cleared a 0.56 ha (1.4 acre) woodlot towards
the east end of the property sometime prior to 2008 and established a gravel parking
area for storing containers, boats, cars and recreation vehicles between 2008 and 2013.
Since then the site has had some residual vehicles and boats left on the site. (See Figure
2)
3.2 The surrounding uses are as follows:
North - Rural Residential
South - Rural Residential
East - Agricultural
West - Urban Residential Subdivision in Oshawa
Municipality of Clarington
Report PSD-029-17 Page 4
Figure 2: Aerial photo of subject property
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) identifies rural areas as important to the economic
success of the Province and our quality of life. Development in the rural area shall give
consideration to the rural characteristics, the scale of development and the provision of
appropriate service levels.
It must be demonstrated that the proposed dwellings can proceed on individual on-site
sewage services and individual on-site wells with no negative impacts. The Durham
Region Health Department is currently reviewing this application.
4.2 Greenbelt Plan
The Greenbelt Plan recognizes that settlement areas, including existing rural clusters in
the Greenbelt are integral to the character of the rural and agricultural areas. While
growth is to be focused in areas with municipal water and wastewater services, infill and
intensification is permitted subject to appropriate water and sewage services. The lands
are within an existing rural cluster north of the Courtice urban boundary and identified for
residential use.
Municipality of Clarington
Report PSD-029-17 Page 5
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as “Major Open Space”.
The predominant uses of lands within Major Open Space areas shall be conservation and
a full range of agricultural, agricultural-related and secondary uses. However, the
Regional Official Plan recognizes distinct clusters of non-farm residential development
that exist in Rural and Greenland Systems that are identified in area municipal official
plans and/or zoning by-laws. Residential infill development is permitted, provided the
boundary of the cluster is not expanded.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as “Green Space”. Green
Space areas are intended to link other significant components of the Municipality’s Open
Space System. The predominant use of lands within the Green Space areas shall be
conservation and active or passive recreational uses.
Rural residential clusters are identified on Map A once the limits of a rural cluster have been
defined in the Zoning By-law, no expansion shall be permitted. Infilling may be permitted
subject to meeting the applicable policies of this Plan.
5.3 Clarington Official Plan as amended by Amendment 107
On November 1st, 2016 Council adopted Official Plan Amendment 107 which brought the
Clarington Official Plan into conformity with the Regional Official Plan and provincial
policies. The subject lands are designated “Rural” within the Clarington Official Plan as
amended by Amendment 107.
The rural residential cluster policies did not significantly change with the adoption of OPA
107
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands “Rural Cluster (RC)”. The “RC” zone
permits single detached dwellings on lots with minimum 30 metres of frontage and 3,000
square metres of lot area.
Municipality of Clarington
Report PSD-029-17 Page 6
Figure 3: Aerial photo of subject property and existing Rural Cluster zoning
7. Summary of Background Studies
7.1 Planning Justification Report
The applicant retained D.G. Biddle & Associates Limited to prepare a Planning
Justification report in favour of the development proposal.
7.2 The report’s key conclusions are as follows:
• The proposed use is permitted by the current Official Plan and the Clarington
Official Plan as amended by Amendment 107;
• The proposed use as detached dwelling lots is consistent with the existing uses
within the rural residential cluster; and
• The lots can be developed in compliance with the Zoning By-law requirements with
regard to use, lot area, building coverage and building setbacks.
Municipality of Clarington
Report PSD-029-17 Page 7
8. Public Notice and Submissions
8.1 The Public Notice of this meeting was given by mail to landowners within 120 metres of
the study area in accordance with the Planning Act. A Public Meeting Notice sign was
posted along the property frontage.
Figure 4: Notice of Proposed Zoning By-law Amendment
At the time of writing this report, Staff had received one inquiry from a nearby resident
inquiring about the proposal.
9. Agency Comments
9.1 Durham Region Departments
The application was circulated to the Durham Planning, Works and Health Departments.
As of the writing of this report, no comments had been received. Once Regional
comments are received, they will be included in a future recommendation report.
9.2 Central Lake Ontario Conservation Authority
The Central Lake Ontario Conservation Authority has reviewed the application for the
proposed properties and has no objection to the proposed rezoning.
Municipality of Clarington
Report PSD-029-17 Page 8
10. Departmental Comments
10.1 Engineering Services Department
The Engineering Services Department has no objection, in principle, to the proposed
zoning change. Actual development of the subject lands will require the applicant to
enter into a consent agreement with the Municipality which addresses all of the standard
requirements for a rural cluster land severance.
10.2 Building Division
The Building Division has no comments regarding this application.
10.3 Emergency and Fire Services
The Emergency and Fire Services found no fire safety concerns with the submitted
drawings.
11. Discussion
11.1 Staff have requested that the planning consultant provide some enhancement to various
sections of the Planning Justification Report to better articulate compliance with the
Durham Region Official Plan and applicable provincial policies. Further, some inaccurate
base information from the Municipal Property Assessment Corporation led to incorrect
conclusions being drawn regarding lot frontage widths for other lots in the immediate area
of the subject property.
11.2 The applicant will be required to submit a Phase 1 Environmental Site Assessment as
well as Noise Study in support of the future consent applications should the rezoning
application be approved.
11.3 No other significant issues have been raised to date regarding this proposed Zoning By-
law amendment. Until such time comments are received from Durham Region, it is
unknown whether there are any issues of Regional concern. The property is located on a
Regional road and requires Regional approval for private services.
12. Conclusion
The purpose of this report is to provide background information on the proposed Zoning
By-law amendment to allow infill lots having reduced lot frontages in an existing rural
cluster. The application was submitted by George Lysyk and Salvatore Risorto for the
Public Meeting under the Planning Act. Staff will continue the processing of the
application including the preparation of a subsequent report upon receipt of the
outstanding agency comments, the updated Planning Justification Report and
considering any public input received at this meeting.
Municipality of Clarington
Report PSD-029-17 Page 9
13. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO,
Director of Planning Services Interim CAO
Staff Contact: Amanda Watson, Planner, 905-623-3379 ext. 2420 or awatson@clarington.net
No Attachments
There are no interested parties to be notified of Council’s decision.
AW/MM/CP/df
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0010 849 Townline\Staff Report\PSD-029-17.docx