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Report To: Planning and Development Committee
Date of Meeting: April 1, 2019
Report Number: PSD -021-19 Resolution Number: PD -045-19
File Number: ZBA2018-0015 By-law Number:
Report Subject: Application by Kyle Roberts to amend the Zoning By-law to facilitate
the creation of one additional single detached lot at 46 Lawson Road
in Courtice
Recommendations:
That Report PSD -021-19 be received;
2. That the application to amend the Zoning By-law submitted by Kyle Roberts be approved
and that the Zoning By-law contained in Attachment 1 to Report PSD -021-19 be passed;
3. That once all conditions contained in Report PSD -021-19 with respect to the removal of
the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H)
Holding Symbol be approved;
4. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD -021-19 and Council's
decision; and
5. That all interested parties listed in Report PSD -021-19 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -021-19
Report Overview
Page 2
Staff is recommending approval of a proposal by Kyle Roberts on behalf of Paul and Cathy
Powers to amend the Zoning By-law to rezone the lands from Agricultural (A) to an Urban
Residential zone in order to facilitate the creation of one additional single detached lot fronting
on Lawson Road.
1. Application Details
1.1. Owner: Paul and Cathy 3 R Z H U V
1.2. Applicant:
Kyle Roberts
1.3. Proposal: Amend Zoning By-law 84-63 to rezone from "Agricultural (A)" to
an urban residential zone in order to facilitate the creation of
one new lot for a single detached dwelling fronting on Lawson
Road.
1.4. Area:
1.5. Location:
1.6. Roll Number:
1.7. Within Built Boundary:
2. Background
0.2 hectares (0.51 acres)
46 Lawson Road, Courtice
1817-010-100-18100
Yes
2.1 The proposal is to rezone the property known as 46 Lawson Road to allow the creation of
one additional lot for a single detached dwelling. The existing dwelling is to remain and
the detached garage is proposed to be demolished. Municipal water and sewer services
are available to the subject site from Lawson Road. The future lot is proposed to be
serviced by a municipal piped water system, municipal sewage system for sewage
disposal and storm sewers for storm water drainage.
2.2 A Public Meeting was held on December 10, 2018. There were no members of the public
that came out in opposition of the proposal, and no one, other than the applicant has
contacted Staff with respect to this application.
2.3 Reports submitted in support of the application include:
x Environmental Impact Study;
x Stages 1 and 2 Archaeological Assessment;
These reports are summarized in Section 7 of this report.
Municipality of Clarington
Report PSD -021-19
Page 3
Figure 1 - Subject Property and Surrounding Area
I Land Characteristics and Surrounding Uses
3.1 The subject lands are 0.2 hectares (0.51 acres) and contain an existing single detached
dwelling and detached garage, fronting onto Lawson Road. There is a water course and
wooded area directly east of the property running vertically from north to south. The
property is currently used for residential purposes.
Subject Property
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Figure 1 - Subject Property and Surrounding Area
I Land Characteristics and Surrounding Uses
3.1 The subject lands are 0.2 hectares (0.51 acres) and contain an existing single detached
dwelling and detached garage, fronting onto Lawson Road. There is a water course and
wooded area directly east of the property running vertically from north to south. The
property is currently used for residential purposes.
Municipality of Clarington
Report PSD -021-19 Page 4
Figure 2 — Existing Dwelling located at 46 Lawson Road
3.2 The surrounding uses are as follows:
North - Single detached dwellings on large urban residential lots
South - Single detached dwellings and beyond, Harmony Creek
East - Old Varcoe Road and beyond, environmental protected lands and an
existing residential subdivision
West - Single detached dwellings
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement states that planning authorities shall permit and facilitate
all forms of housing and all forms of residential intensification. The definition of
`intensification' includes the development of vacant or underutilized lots within previously
developed areas and infill development among other things. The proposal to create one
additional single detached building lot represents an opportunity for redevelopment and
intensification within a settlement area utilizing existing services. The proposal is
consistent with the Provincial Policy Statement.
Municipality of Clarington
Report PSD -021-19
Provincial Growth Plan
Page 5
4.2 The proposal is within the Built Boundary of the Growth Plan. The creation of one additional
lot is considered intensification within the Urban Area of Courtice and contributes to the
intensification targets within the existing Built-up Areas. The proposal will make use of
existing municipal services. The proposal conforms to the Growth Plan.
5. Official Plans
Durham Region Official Plan
5.1 The Durham Region Official Plan designates the subject lands as Living Area. The
policies of the Plan generally promote infill and intensification. The proposal conforms to
the Durham Regional Official Plan.
Clarington Official Plan
5.2 The Clarington Official Plan designates the subject lands Urban Residential and
Environmental Protection Area. The proposed new lot is outside the Environmental
Protection designation and the Minimum Vegetation Protection Zone. Single detached
dwellings are permitted uses within the Urban Residential designation.
Intensification Policies
5.3 The property is located within the Built -Up Area of the Municipality. The proposal to
create an additional lot contributes towards the Municipality's Residential Intensification
Target for Courtice. Development within the Built-up Areas are encouraged and should
be given priority since they are making efficient use of existing services and
infrastructure.
5.4 The size of any parcel of land created by a severance should be appropriate for the use
proposed and in keeping with the character of the surrounding neighbourhood. New
development and redevelopment in existing neighbourhoods are to:
a) Respect and reinforce the physical character of the established neighbourhood
having regard to the pattern of lots, the size and configuration of lots, building
types of nearby properties, the height and scale of building and the setback of
building from the street, rear and side yards;
b) Adhere to all relevant Urban Design Guidelines and expectation for high-quality
architectural design and sustainable building materials; and
C) Maximize opportunities to improve accessibility, pedestrian and cycling systems,
enhance neighbourhood and transit connections, reduce energy, water and
resource use.
Municipality of Clarington
Report PSD -021-19
Page 6
5.5 The proposal is similar to the pattern of lots located on Lawson Road. The proposed
Zoning By-law Amendment will address the height, setbacks, and scale of the dwelling
unit. Further discussion on the neighbourhood character can be found in Section 11 of
this report. The proposal conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 The subject property is zoned "Agricultural (A)". Under the Agricultural zone, the
minimum lot area and frontage requirements are much greater than a typical Urban
Residential Zone, therefore limiting the ability to sever the subject property. The
agricultural zone is used in urban areas to function as a Holding zone until the property
can be further evaluated and zoned appropriately.
6.2 The rezoning application was submitted to rezone the lot from Agriculture to an urban
residential zone in order to facilitate the severance.
7. Summary of Background Studies
Environmental Impact Study
7.1 The applicant retained Niblett Environmental Associates Inc. to prepare an
Environmental Impact Study (EIS) to support the development proposal.
7.2 The EIS concludes that the rezoning to facilitate the severance of the subject property
will not have a significant impact on Harmony Creek, its associated riparian vegetation,
nor the Harmony -Farewell Iroquois Beach Provincially Significant Wetland Complex
(PSW). Development on the new lot will be located between existing houses. The new
lot is over 30 metres from the natural features. The EIS recommends a revised
boundary of the PSW and the portion of the wetland on the property be protected and
no clearing or maintenance activity occur within this area.
Stage 1 and 2 Archaeological Assessment
7.3 The applicant retained York North Archaeological Services to prepare a Stage 1 and 2
Archaeological Assessment in favour of the development proposal.
7.4 Stage 1 is a background study and determined the subject property had potential for the
recovery of archaeological resources of cultural heritage value. The Stage 2
assessment consisted of a Shovel Test Pit Survey. It did not result in the identification
of archaeological resources. It recommended no further archaeological assessment of
the property.
8. Public Submissions
A Public Meeting was held on December 10, 2018. No public concerns were presented
at the Public Meeting, nor has the Municipality received any inquiries regarding the
subject application.
Municipality of Clarington
Report PSD -021-19
9. Agency Comments
Central Lake Ontario Conservation Authority (CLOCA)
Page 7
9.1 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the application
and supporting Environmental Impact Study for the proposed development. A site visit
with the applicant/owners and the conservation authority was held on November 27,
2018 to determine the extent of the wetland boundary. The boundary was marked in the
field. Correctly mapping the wetland boundary will support the creation of the new lot
while protecting the natural features on the retained lot. CLOCAs comments have been
addressed and are satisfied with the boundary adjustment.
The Ministry of Natural Resources and Forestry (MNRF)
9.2 The Ministry of Natural Resources and Forestry (MNRF) provided correspondence,
accepting the new wetland boundary delineation on March 8, 2019.
The Regional Municipality of Durham
9.3 The application was circulated to Durham Planning, the Durham Regional Health
Department and the Durham Regional Works Department. As per the comments
received on September 17, 2018, Regional Staff have no objection to the rezoning
application.
10. Departmental Comments
10.1 The Clarington Building Division, Engineering Services Department and Emergency and
Fire Services Department have no objections or concerns with the application.
11. Discussion
11.1 The proposed severance area is west of the retained lands and further away from the
natural heritage features on the east side of the property. Any impacts on the features
from the proposed lot will be negligible.
11.2 The retained portion of the property, which includes the existing dwelling, is partly within
the Environmental Protection designation as well as the Minimum Vegetation Protection
Zone of the Clarington Official Plan. There are no plans to change the building envelope
or propose any new development on the retained lands. Therefore there will be no
further impact to the natural heritage features on the property.
Municipality of Clarington
Report PSD -021-19
LEGEND
Confirmed Non -Wetland
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Page 8
Figure 3 — Subject property showing extent of features and buffers
11.3 As part of any development application, where a property contains a feature and its
associated buffers, the Municipality can seek to protect and enhance the feature. This
can be achieved by establishing the limits of the Environmental Protection Zone and
appropriate buffers, prohibiting development within these areas. It can also be achieved
by transferring the lands to the Municipality.
Delineation of the Environmental Protection Zone
11.4 The southeast corner of the subject lands contains the provincially significant Harmony -
Farewell Iroquois Beach Provincially Significant Wetland Complex. The wetland
boundary has been revised based on a wetland survey boundary provided by Niblett
Environmental Associates Limited and confirmed by Central Lake Ontario Conservation
Authority staff. The revised boundary reflects the actual extent of the wetland and has
been approved by the Ministry of Natural Resources and Forestry (MNRF). The wetland
is within the hazard lands associated with the valley (delineated by the solid red line in
Figure 3). The conservation authority has recommended that the hazard lands plus a 6
metres allowance be placed in the Environmental Protection Zone (currently it is within
the Agricultural Zone). It was also recommended by the conservation authority that
these lands be dedicated to the Municipality in order to prevent development in this area
since it would be in public ownership.
11.5 The Environmental Protection designation of the Clarington Official Plan can be refined
without requiring an Official Plan Amendment. Section 3.4.4 of the Clarington Official
Plan states that refinements to the boundary or extent of a natural heritage feature
and/or hydrologically sensitive feature, or its related vegetation protection zone shall not
require an a Official Plan Amendment provided that the site specific study or updated
information from the province or conservation authority are satisfied.
Watercourse �CLCCA)
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Study Property
03
Vegetation Removed
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Proposed Severance
Vegetation Community
Wetland Community
MNRF Wetland PSW
Confirmed Non -Wetland
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Page 8
Figure 3 — Subject property showing extent of features and buffers
11.3 As part of any development application, where a property contains a feature and its
associated buffers, the Municipality can seek to protect and enhance the feature. This
can be achieved by establishing the limits of the Environmental Protection Zone and
appropriate buffers, prohibiting development within these areas. It can also be achieved
by transferring the lands to the Municipality.
Delineation of the Environmental Protection Zone
11.4 The southeast corner of the subject lands contains the provincially significant Harmony -
Farewell Iroquois Beach Provincially Significant Wetland Complex. The wetland
boundary has been revised based on a wetland survey boundary provided by Niblett
Environmental Associates Limited and confirmed by Central Lake Ontario Conservation
Authority staff. The revised boundary reflects the actual extent of the wetland and has
been approved by the Ministry of Natural Resources and Forestry (MNRF). The wetland
is within the hazard lands associated with the valley (delineated by the solid red line in
Figure 3). The conservation authority has recommended that the hazard lands plus a 6
metres allowance be placed in the Environmental Protection Zone (currently it is within
the Agricultural Zone). It was also recommended by the conservation authority that
these lands be dedicated to the Municipality in order to prevent development in this area
since it would be in public ownership.
11.5 The Environmental Protection designation of the Clarington Official Plan can be refined
without requiring an Official Plan Amendment. Section 3.4.4 of the Clarington Official
Plan states that refinements to the boundary or extent of a natural heritage feature
and/or hydrologically sensitive feature, or its related vegetation protection zone shall not
require an a Official Plan Amendment provided that the site specific study or updated
information from the province or conservation authority are satisfied.
Municipality of Clarington
Report PSD -021-19
Page 9
11.6 The Zoning By-law Amendment, contained in Attachment 1, proposes an Environmental
Protection zone which reflects the area that has had minimal disturbance of the natural
heritage feature located on the property. This area includes the hazard lands plus a 6
metre setback and is based on the recommendation from CLOCA and the
Environmental Impact Study.
11.7 The Municipality also has the ability to include the Minimum Vegetation Protection area
as part of the Environmental Protection Zone. This area acts as a buffer to the natural
heritage features by keeping development away from the feature. The main intent is to
reduce adverse impacts on the features. In this case, the buffers encompass part of the
existing dwelling, as well as the entire side yard on the east side. Since development
already exists within the Minimum Vegetation Protection Zone, it is unrealistic to place it
in the Environmental Protection Zone. This area has already been disturbed.
11.8 Section 23.5 of the Clarington Official Plan refers to non -conforming uses. The existing
residential dwelling is lawfully in existence but does not conform to the Official Plan. Any
use of land which was lawfully in existence prior to the passage of the relevant zoning
by-law and which does not conform to the Official Plan, but continues to be used for
such purpose, shall be deemed to be legal non -conforming.
11.9 The policies allow Council to pass a by-law permitting the continuation or enlargement
of a legal non -conforming use, subject to conditions.
11.10 At this time there is no new development proposed within the Minimum Vegetation
Protection Zone. Staff recommend that the subject lands, outside the EP Zone, be
placed in an urban residential zone with a Holding (H) Symbol. This approach
recognizes the existing residential use and allows the severance application to proceed.
The Holding (H) Symbol will not have any effect on the property until such time as the
owner decides to reconstruct the house or add an addition. This will trigger an
Environmental Impact Study to be completed in order to remove the Hold (H) on the
retained portion of the property. The Environmental Impact Study will evaluate how
close development can get to the natural heritage features and would be based on the
proposal.
11.11 Clarington Staff are currently undertaking a comprehensive Zoning By-law Review.
Situations where existing development is within the Minimum Vegetation Protection
Zone or the Environmental Protection designation will be considered as part of the
review and regulations proposed through the comprehensive review. At this time it is
unknown what approach will be used to recognize existing uses in these areas and
what provisions will apply. It is recommended that the holding symbol is the best
approach until the Zoning By -Law Review work is completed. This will ensure that
whatever approach is used for these areas, can be consistently applied across the
urban areas in Clarington, and more specifically the subject property will fall under the
new regulations.
Municipality of Clarington
Report PSD -021-19 Page 10
Dedication of Lands to the Municipality
11.12 The Municipality already owns the lands that abut this property on the east side. As a
condition of the future consent application, the lands zoned EP will be required to be
transferred to the Municipality of Clarington. The lands to be dedicated will contribute to
the overall protection and enhancement of the natural heritage system. The figure below
shows the lands already owned by the Municipality and the proposed land area to be
dedicated to the municipality. There appears to be a tree house that has been built
within the proposed area to be dedicated to the Municipality. Any structures that are
within this area will need to be removed for liability purposes. This will also be part of
the condition of the consent application.
11.13 Staff recommends that fencing be constructed at the edge of the EP zone which clearly
delineates the boundary line to prevent trespass to this area. This will be a condition of
the consent and for lifting the Holding (H) on the property.
Figure 4 — Municipality of Clarington owned land and the proposed dedication
Municipality of Clarington
Report PSD -021-19
Character of the Neighbourhood
Page 11
11.14 The applicant has stated that the severed property will be used for a detached dwelling,
which is what was advertised in the Public Notice. As a result, it is Staff's
recommendation that the property be zoned to an R1 exception zone to only allow for a
detached dwelling which is compatible with the neighbourhood.
11.15 The proposed Urban Residential Exception zone proposed for the subject property
reflects the neighbourhood characteristics in terms of setbacks, frontage, and height.
The neighbourhood predominantly contains bungalows on larger lots. The majority of
the lot frontages are either greater than 20 metres or between 15 to 19 metres. This
indicates a diverse range of lot frontages in the area. Front yard setbacks also range
from 0 metres to 24 metres. The proposed Urban Residential Exception Zone reflects
the neighbourhood character by proposing the following zone provisions:
11.16 Given that there is not one dominant lot frontage or setback, the proposed zoning by-
law amendment recommended by Staff provides a building envelope on the proposed
severed lands which is compatible with the surrounding neighbourhood and has minimal
impacts on the streetscape and surrounding homes. The proposed lot creation does not
set up a future pattern of transition for the neighbourhood since there are many lots in
this area that already differ in shape and sizes. The proposal is not seen as
destabilizing the quality or character of the area.
11.17 The subject lands also contain an accessory structure (a detached garage), located on
the west side of the property. If the severance is approved, there will be an accessory
building on a vacant lot. Accessory structures without the principle use established is
not permitted. The accessory structure will need to be removed prior to the land
severance being completed. The applicant has indicated that the accessory structure
will be removed.
12. Concurrence
Not Applicable.
Neighbourhood Area
Proposed zoning for
subject lands
Maximum Height
Predominantly bungalows
7.5 metres (reduction from
with a few two storey
the typical 10.5 metres found
dwellings
in an R1 zone)
Minimum Lot Frontage
Ranges between 15 metres
17 metres (increase from the
to 40 metres
typical 15 metres found in an
R1 zone)
Minimum Front Yard
Ranges between 0 metres to
7.5 metres to garage
Setback
24 metres
7.0 metres to building
(increase from the minimum
6.0 metres found in an R1
Zone
11.16 Given that there is not one dominant lot frontage or setback, the proposed zoning by-
law amendment recommended by Staff provides a building envelope on the proposed
severed lands which is compatible with the surrounding neighbourhood and has minimal
impacts on the streetscape and surrounding homes. The proposed lot creation does not
set up a future pattern of transition for the neighbourhood since there are many lots in
this area that already differ in shape and sizes. The proposal is not seen as
destabilizing the quality or character of the area.
11.17 The subject lands also contain an accessory structure (a detached garage), located on
the west side of the property. If the severance is approved, there will be an accessory
building on a vacant lot. Accessory structures without the principle use established is
not permitted. The accessory structure will need to be removed prior to the land
severance being completed. The applicant has indicated that the accessory structure
will be removed.
12. Concurrence
Not Applicable.
Municipality of Clarington
Report PSD -021-19
13. Conclusion
Page 12
In consideration of all agency, staff and public comments, it is respectfully
recommended that the application to rezone the subject property to facilitate an infill lot
fronting onto Lawson Road in Courtice be approved. The proposed infill development
will utilize existing municipal services and is generally consistent with Provincial,
Durham Regional and Clarington land use policies. The proposed lot for a single
detached dwelling would be compatible with the character of the surrounding
neighbourhood.
Submitted by. Reviewed by:
Michael Seaman, MCIP, RPP for Andrew C. Allison, B.Comm, LL.B
Acting Director of Planning Services Chief Administrative Officer
Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri(o)_clarington.net
Attachment:
Attachment 1 — Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Kyle Roberts
Cathy and Paul Powers
NZ/CP/tg/nl
I:\ADepartment\Application Files\ZBA-Zoning\2018\ZBA2018-0015 46 Lawson Road\Staff Report\PSD-021-1 9\PSD-021-19.docxl:\ADepartment\Appli cation Fi1es\ZBA-Zoning\2018\ZBA2018-
0015 46 Lawson Road\Staff Report\PSD-021-19\PSD-021-19.docx
Attachment 1 to
Report PSD -021-19
Corporation of the Municipality of Clarington
By-law Number 2019-.
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 2018-0015;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule `4' (Courtice) 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) R1-93)
Zone"; and
"Agricultural (A) Zone" to "Environmental Protection (EP)"
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 and 36 of the Planning Act.
By -Law passed in open session this day of April, 2019
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk