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Report To: Planning and Development Committee
Date of Meeting: September 11, 2017
Report Number: PSD-063-17 Resolution Number:
File Number: ZBA2017-0010 By-law Number:
Report Subject: An Application by George Lysyk and Salvatore Risorto to permit the
creation of two additional lots for single detached dwellings at 849
Townline Road North, Darlington
Recommendations:
1.That Report PSD-063-17 be received;
2.That the application to amend the Zoning By-law submitted by George Lysyk and
Salvatore Risorto be approved and that the Zoning By-law as contained in Attachment 1
to Report PSD-063-17 be passed;
3.That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-063-17 and
Council’s decision; and
4.That all interested parties listed in Report PSD-063-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-063-17 Page 2
Report Overview
This report recommends the approval of an application by George Lysyk on behalf of Salvatore
Risorto to amend the Zoning By-law to permit 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 “Rural
Cluster Exception (RC-15)” 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. The proposal is to rezone the property known as 849 Townline Road North to allow the
creation of two additional building lots for single detached dwelling by reducing the
minimum required lot frontage. Based on the existing zone minimum lot frontage
requirements of 30 metres, only one dwelling is permitted to be constructed on the
subject lot, with only 49 metres of frontage, whereas the approval of this application
would allow a total of three building lots (See Figure 1).
2.2. Since the public meeting in May, staff received the updated Planning Justification Report
from the applicant’s consultant. The updated report better articulates compliance with the
Durham Region Official Plan and applicable provincial policies.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located on the east side of Townline Road, north of Pebblestone
Road and is generally vacant. The land is relatively level with no 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).
Municipality of Clarington
Report PSD-063-17 Page 3
Figure 1: Proposed lot layout and sample dwelling locations as submitted by applicant
3.2 The surrounding uses are as follows:
North - Rural Residential
South - Rural Residential/Agricultural
East - Agricultural
West - Urban Residential Subdivision in Oshawa
Figure 2: Aerial photo of subject property
Municipality of Clarington
Report PSD-063-17 Page 4
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 lots can proceed
on individual on-site sewage services and individual on-site wells with no negative
impacts.
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.
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 “Rural”. The areas
designated as Rural support Prime Agricultural Areas, link the Open Space System and
function as urban separators.
The limits of the rural cluster have been defined in the Zoning By-law and no expansion
shall be permitted. Infilling may be permitted subject to meeting the applicable policies of
the Clarington Official Plan.
Municipality of Clarington
Report PSD-063-17 Page 5
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. The existing lot has a frontage of 49.78 metres and a lot area
of 1.49 hectares. The proposed lots each exceed the minimum lot area requirements but
are all deficient in frontage, therefore a rezoning is required.
7. Public Submissions
At the public meeting held on May 15, 2017, one resident addressed the Planning and
Development Committee with concerns regarding the proposed zoning that would allow
the creation of three lots. The resident also submitted a letter to Staff in opposition to the
proposed lots indicating the lots would have adverse effects on the Owners ability to farm
the adjoining property in the future. The residents’ concerns from the comments made at
the public meeting and the written submission related to whether the new lots will affect
his ability to establish farm buildings and carry out farm practices and enterprises on his
property. These concerns are addressed in Section 10 of this report.
8. Agency Comments
8.1 Regional Municipality of Durham
The Planning and Economic Development Department notes that the proposal to
amend the Clarington Zoning By-law to permit three future residential lots with frontages
which are less than the current minimum requirements conforms to the policies of the
Regional Official Plan.
The Regional Health Department has reviewed the application and has no objection to
the proposed rezoning.
Regional Works Department notes that the subject site is located outside of the urban
boundary. As such, no connections will be allowed to Regional services, and the
proposed building lots will need to be serviced by private well and septic systems.
Spacing of the proposed driveways is to be a minimum of 7.5 metres apart and be
constructed to Regional standards. The proposed driveways within the site are to include
turning areas (hammerheads) to enable vehicles to turn around on the site and not
reverse on to Townline Road North.
Durham Region Transit (DRT) identifies that site is currently serviced by DRT Route
922. The nearest bus stop is located on Townline Road North, adjacent to the northwest
corner of the property.
Municipality of Clarington
Report PSD-063-17 Page 6
The sketch submitted with the application shows three proposed driveways on site. One
or more driveways may impact the operation of DRT buses in the vicinity of the
aforementioned bus stop. The Durham Region Transit (DRT) will provide more detailed
comments on this issue during the Land Division process.
8.2 Central Lake Ontario Conservation Authority
The Central Lake Ontario Conservation Authority has reviewed the application and has
no objection to the proposed rezoning.
9. Departmental Comments
9.1 Engineering Services
The Engineering Services Department has no objection in principle to the proposed
zoning change. 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.
9.2 Emergency and Fire Services
The Emergency and Fire Services found no fire safety concerns with proposed
application.
9.3 Building Division
The Building Division has no comments regarding this application.
10. Discussion
10.1 This infill development utilizes land within an existing Rural Cluster, consistent with
Provincial, Durham Regional and Clarington land use policies. Provided that the zoning is
approved, the Owner will submit applications for consent to the Region of Durham to
divide the property into three lots.
10.2 The comments received from the Regional Municipality of Durham outline issues typically
addressed through the Land Division process. The Region will require that the applicant
submit the following documents in support of the applications to create the proposed lots:
Phase One Environmental Site Assessment;
Noise Impact Study; and
A Statement of Minimum Distance Separation conformity.
10.3 As mentioned, Staff received one letter of objection from a nearby resident regarding the
proposal. The resident’s concerns were related to the impact of the creation of three lots
on their property and the effect it could have on their ability to establish a livestock farm.
Municipality of Clarington
Report PSD-063-17 Page 7
10.4 Staff conducted a site visit to the neighbouring property on July 20, 2017. The Owner of
the property explained in detail the plans for the future farm operation and demonstrated
the steps that have been taken to establish a livestock operation on the property. During
the site visit, Staff clarified that the Minimum Distance Separation is only for the livestock
building and that any future livestock introduced to the property is able to graze the lands
directly to the property lines. It was discussed that if Staff included zoning provisions
which required the future dwelling on the lot furthest east to be located further north on
the proposed severed lot, this would subside many of the concerns the neighbour
currently has.
10.5 Following the site visit, staff conducted two separate Minimum Distance Separation
calculations to determine the required distance a livestock building would have to be from
any existing dwellings and the closest proposed dwelling on the subject lands.
Calculations are based on information the Owner provided to Staff including one short-
term and one long-term goal for the proposed livestock operation and the information
submitted with the rezoning application. The Minimum Distance Separation calculation
determined that there must be a distance of 93 metres (for the smaller calculation) and
104 (for the larger calculation) from any dwelling to a livestock building. These setbacks
from any new dwellings on the lands being affected by this application and also the
existing properties to the south along Pebblestone Road leave a large portion of the lands
with the ability to construct an appropriate sized livestock building on the property (See
Figure 3).
Figure 3: MDS setbacks for existing and proposed dwellings
Municipality of Clarington
Report PSD-063-17 Page 8
10.6 To address the concerns, the proposed Zoning By-law amendment has provides an
increased rear yard setback and increased southern interior side yard setback for the
property furthest east than the typical requirements of the “Rural Cluster (RC) Zone”. It is
important to acknowledge that without the rezoning application, the Owner of the property
has the zoning permissions to construct a dwelling on the vacant lot within 10 metres of
the eastern property line and 2 metres of the southern property line.
The Minimum Distance Separation (MDS) Formulae provides a land use planning tool to
determine setback distances between livestock barns and surrounding land uses. There
has been no building permits received or issued for livestock barns on the neighbouring
property today. MDS works in a manner that the first established land use prevails.
Today, the neighbouring property has not established a farm and therefore, there would
be no means to enforce an MDS setback requirement.
Staff believe that with the implementation of the larger rear yard and interior side yard
setback for the lot furthest east within the proposed zone, the neighbouring property
owner would not have an issue establishing a farm, inclusive of livestock at such time he
is ready to do so.
10.7 There are no objections to the approval of this application from the circulated
departments and agencies.
11. Concurrence
Not Applicable
12. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the applications to permit the creation of three building lots for single detached
dwellings at 849 Townline Road North, Township of Darlington be approved.
13. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD-063-17 Page 9
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison B. Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Amanda Watson, Planner, 905-623-3379 ext. 2420 or awatson@clarington.net
Attachments:
Attachment 1: Proposed Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council’s decision:
George Lysyk
Salvatore Risorto
Jim Piper
Joe Shaw
AW/CP/tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0010 849 Townline\Staff Report\PSD-063-17.docx
Municipality of Clarington Attachment 1 to
Report PSD-063-17
Corporation of the Municipality of Clarington
By-law Number 2017-____
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 ZBA2017-0010;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 7.3 “Special Exceptions – Rural Cluster (RC) Zone” is hereby amended by
introducing a new subsection 7.3.15 as follows:
“7.3.15 Rural Cluster Exception (RC-15) Zone
Notwithstanding Section 7.2 a., b., and c., iii) and iv), those lands zoned
RC-15 on the Schedule to this By-law shall be subject to the following
conditions:
a) Lot Area (minimum) 3800 square metres
b) Lot Frontage (minimum) 6 metres
c) Lot Depth (maximum) 140 metres
d) Yard Requirements for lots equal or less than 4500 square metres
a. Interior Side Yard (minimum) 2 metres
b. Rear Yard (minimum) 10 metres
e) Yard Requirements for lots with an area larger than 4500 square
metres
a. Interior Side Yard setback to the
Southern Property Line (minimum) 40 metres
b. Rear Yard (minimum) 25 metres”
2. Schedule ‘1’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Rural Cluster (RC) Zone" to " Rural Cluster (RC-15)
Zone" as illustrated on the attached Schedule ‘A’ hereto.
3. Schedule ‘A’ attached hereto shall form part of this By-law.
4. 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 ____________, 2017
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk