Loading...
HomeMy WebLinkAboutPSD-028-20Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: September 14, 2020 Report Number: PSD-028-20 Submitted By: Faye Langmaid, Acting Director of Planning & Development Services Reviewed By: File Number: Report Subject: Andrew C. Allison, CAO ZBA2020-0012 Resolution#: JC-081-20 By-law Number: 2020-061 Zoning by-law amendment to facilitate the creation of one new lot at 293 Townline Road North, Courtice Recommendations: 1. That Report PSD-028-20 be received; 2. That provided no significant objections are raised at the public meeting, the application to amend the Zoning By-law submitted by Brent Foley be approved and that the By-law contained in Attachment 1 to Report PSD-028-20 be passed; 3. That once all conditions of approval for the related consent application have been satisfied that 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-028-20 and Council's decision; and 5. That all interested parties listed in Report PSD-028-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-028-20 Report Overview Page 2 Staff are seeking the public's input regarding a proposal by Mark Foley on behalf of Brent Foley to amend Zoning By-law 84-63 to rezone the lands from "Agricultural (A)" to "Urban Residential Type Two (R2-24)" to allow the creation of one additional lot for a single detached dwelling fronting onto Wabbokish Court. To date, favourable comments have been received from circulated agencies. Provided there are no unforeseen issues raised at the public meeting staff are recommending the application be approved. 1. Application Details 1.1 Owner: Brent Foley 1.2 Applicant/Agent: Mark Foley 1.3 Proposal: Amend Zoning By-law 84-63 to rezone the lands from "Agricultural (A)" to "Urban Residential Type Two (R2-24)" to allow the creation of one additional lot with a frontage of approximately 26 metres on Wabbokish Court. 1.4 Area: 1.5 Location: 1.6 Roll number: 1.7 Within Built Boundary: 2. Background 1343 square metres (0.33 acres) 293 Townline Road North, Courtice Part Lot 35, Concession 3 former Township of Darlington 18-17-010-100-16200 Yes 2.1 The proposal is to rezone the property known as 293 Townline Road North to allow the creation of one additional lot for a single detached dwelling with a frontage of over 26 metres. The existing dwelling will remain on the retained lands. A shed on the proposed severed lands will be demolished to allow for the construction of a dwelling and a detached garage. The future lot is proposed to be serviced by a municipal water system and sewage system as well as storm sewers for storm water drainage and have driveway access from Wabbokish Court. The existing dwelling will be maintaining its driveway from Townline Road. 2.2 Reports and drawings submitted in support of the application include: • Rezoning Application Summary Report; • Site plan/grading plan with building envelopes and driveways; and • Site Screening Questionnaire. Municipality of Clarington Page 3 Report PSD-028-20 Figure 1: Site map Municipality of Clarington Report PSD-028-20 3. Land Characteristics Page 4 3.1 The subject lands are 1,343 square metres with an existing single detached dwelling and detached garage fronting onto Townline Road North. There are no natural heritage features on or near the subject lands. 3.2 The surrounding uses are as follows: North — Single detached dwellings South — Single detached dwellings East — Single detached dwellings West — Existing and approved future residential development within the City of Oshawa Proposed retained lot and existing dwelling and garage Proposed new lot Proposed single detached dwelling r ' 070'S9'X)'E i 33. 76 gG 6.00 79 �¢ a arN$ _ ¢ s`7e, xe� It PRO USED LKOWREVORN !a� �. ti fA� Fi✓:'CI_�r0 IRYI;�� MINI L ti FUSE 243 3 414 �l.-A �N f6 2W1NG: A 7�, 138.43 FEN138 9 5.l2 — o- —51Y 13.9 -�� PARCEL 'A'T 3 ! �d�rvi o.o ulxt s •1138.951 h 15.31 }� iF �138.9.71 f AREA = BE SO.Y. SAY PARCEL PROPOSED 70N1N7 N2 8 l s PARCEL 'R' 6 I g AREA - 674 50A "jr I 1351 �73g75 19.1I 10° —r— —T-7 34.031_——T-7—_I_—T��� i . 71 1C 6a p h a PBfl� L PBBF q Y AV Proposed new garage Figure 2: Proposed site plan 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages the efficient use of services with cost- effective development patterns, a mix of residential dwellings and opportunities for intensification and redevelopment in accordance with Provincial targets. 4.2 The proposal is consistent with the Provincial Policy Statement. Municipality of Clarington Report PSD-028-20 Provincial Growth Plan Page 5 4.3 The Growth Plan encourages a diverse mix of land uses to create complete communities. Fifty percent of all annual residential growth shall be through intensification within the built boundaries. The proposed division of an existing property to allow the construction of an additional single detached dwelling fronting on Wabbokish Court is intensification within the built-up area of Courtice. 4.4 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 Living Area. Townline Road is designated a Type B Arterial road. Living Areas are to be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. 5.2 The proposal conforms to the Durham Region Official Plan. Clarington Official Plan 5.3 The Clarington Official Plan designates the subject lands Urban Residential within the Urban Boundary of Courtice. The primary use of lands designated urban residential is for housing purposes. The policies of the Plan generally promote infill and intensification. 5.4 Townline Road is designated a Type B Arterial road. Type B Arterial roads are designed to move significant volumes of traffic at moderate speeds from one part of the municipality to another. Private driveways are to be spaced 80 metres apart. The proposed new lot will not add a driveway to Townline but will use an existing driveway onto Wabbokish as seen in Figure 3. Development adjacent to arterial roads is to be ground related at 1-3 storeys. The R2-24 zone allows a maximum height of 10.5 metres. 5.5 The proposal conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 The subject property is zoned "Agricultural (A)". Where the agricultural zone is used in urban areas it functions as a holding zone, and not permitting new lot creation. Therefore, the subject rezoning is required. Municipality of Clarington Page 6 Report PSD-028-20 7. Summary of Background Studies Site Screening Questionnaire 7.1 A completed Regional Site Screening Questionnaire was submitted with the application. The questionnaire found no potential site contaminating activity and thus no need for further environmental study of the subject lands. Rezoning Application Summary Report 7.2 The applicant provided a report that summarizes the proposed development. The report addresses relevant provincial, regional, and municipal policies outlining how these policies are being met while also proposing a new house that will fit into the existing neighbourhood. 8. Public Notice and Submissions 8.1 On July 31, 2020 public notice was sent by mail to each landowner within 120 metres of the subject lands. This included property owners to the west in the City of Oshawa. On August 13, 2020 two public meeting signs were installed on the property, one fronting onto Townline Road and one fronting onto Wabbokish Court. 8.2 The text of the Public Notice incorrectly identified the subject lands as being on the west side of Townline and Oshawa on the east side of Townline. Although this was an unfortunate error, the key map clearly identified the correct location. This error is not considered significant enough to require a new Public Meeting. 8.3 At the time of finalizing this report, no enquiries have been received. Figure 3: On left, existing dwelling to remain, Public Notice facing Townline. On right, proposed new lot with Public Notice and existing driveway onto Wabbokish Court. Municipality of Clarington Page 7 Report PSD-028-20 9. Agency Comments The Regional Municipality of Durham 9.1 The Durham Region Planning Division comments confirm the application conforms to Provincial and Regional planning policies and accepts the provided Site Screening Questionnaire. They identified that a Noise Impact Study, prepared by an acoustical consultant, is required to be submitted to the satisfaction of the Region of Durham. The applicant must agree to implement the noise control measures of an approved Noise Impact Study in a Development Agreement with the Municipality of Clarington to the satisfaction of the Region. 9.2 The provision of Regional services (including Watermain and Sanitary servicing) for the future lot, the conveyance of a 6 metre road widening along Townline Road North, and a 5 metre by 5 metre sight triangle at the southeast corner of Townline Road North and Wabbokish Court will be fulfilled through the related Land Division application, LD070/2020. City of Oshawa 9.3 Oshawa Planning Services has no objections or concerns with the application. 10. Department Comments 10.1 The Clarington Building Division, Public Works Department, and Emergency and Fire Services Department have no objections or concerns with the application. The Public Works staff identified conditions that would need to be addressed through the related consent application. 11. Discussion 11.1 In May the owner and applicant attended a pre -consultation meeting with municipal and regional staff about the proposed rezoning and were provided with complete application requirements. The property is currently zoned "Agricultural (A)". Within Zoning By-law 84-63 the "A" zone is often used in urban areas where lands may be further developed in the future. It does not permit the creation of new lots and therefore a rezoning application is required. 11.2 The applicants worked with municipal staff and revised the proposed building envelope by repositioning the dwelling, providing a detached garage, and making use of the existing driveway off Wabbokish Court to comply with the regulations of the "Urban Residential (R2) Zone". The proposed R2-24 is used for the first four lots on the north side of Wabbokish Court and the regulations are very similar to the parent R2 zone used for the balance of the neighbouring existing houses to the east along Wabbokish Court and Sheco Court. The only residential uses permitted in the R2 zone are single -detached dwellings and home occupations. The main difference between the parent R2 and the R2-24 zone is the exterior side yard setback requirement is reduced from 6.0 metres to Municipality of Clarington Report PSD-028-20 Page 8 4.5 metres in the R2-24 zone. The 4.5 metre minimum will recognize the exterior side yard setback of the existing dwelling. There are also requirements for parking in the R2- 24 zone that have since been incorporated into the General Provisions of the Zoning By- law and would have been applicable regardless of zone. Rezoning the subject lands, the same zone as adjacent properties provides consistency with minimum lot area and frontage of the neighbourhood. 11.3 The applicants have submitted an associated Land Division application, LD070/2020, which is being heard by the Land Division Committee on September 17, 2020. Conditions for the consent application will include implementing any required noise control measures as well as architectural control so the new dwelling and detached garage will fit into and are compatible with the existing neighbourhood. 11.4 The existing dwelling and detached garage on the proposed retained lot will remain, along with driveway access to Townline Road. While the existing driveway on Wabbokish Court will be used for the new lot, thereby minimizing impact to the street. 11.5 The proposed infill development will connect to existing municipal services and is generally consistent with Provincial, Durham Regional and Clarington land use policies. The proposed lot for single detached dwelling would be similar to the pattern in the surrounding neighbourhood, especially along Wabbokish Court. 11.6 Comments received from circulated agencies are supportive of the proposed rezoning. Conditions will be imposed through the related consent application addressing typical development requirements. As of the writing of this report, staff have received no enquiries on the application as a result of the public notice. 12. Concurrence Not Applicable. 13. Conclusion 13.1 In consideration of all agency comments and staff review, and provided no significant issues are raised at the public meeting regarding this proposal, it is recommended that the application be approved, and the by-law contained in Attachment 1 be adopted. Staff Contact: Mark Jull, Planner, 905-623-3379 ext 2426 or mjull@clarington.net. Attachments: Attachment 1 - Zoning By-law Amendment Interested Parties: Brent Foley Mark Foley Attachment 1 to Report PSD-028-20 Corporation of the Municipality of Clarington By-law Number 2020- 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 ZBA2020-0012; 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 from "Agricultural (A)" to "Holding — Urban Residential Type Two ((H)R2- 24)" 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 .2020 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2020- , passed this day of 12020 A.D. LAWSON ROAD a O w O w Q O � O WABSOKISH COURT _ O G Q GO �,rFi O w Z J Z tA O H O a o w O U 5 - Zoning Change From 'A' To '(H)R2-24' N Adrian Foster, Mayor Courtice . ZBA 2020-0012 . Schedule 4 C. Anne Greentree, Municipal Clerk