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HomeMy WebLinkAboutPDS-013-22Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 7, 2022 Report Number: PDS-013-22 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: Mary-Anne Dempster, CAO File Number: ZBA 2021-0010 Cross Ref: LD2021-00039 By-law Number: Report Subject: An application for Zoning By-law Amendment to facilitate the creation of a new lot for one single detached dwelling at 3301 Trulls Road in Courtice Recommendations: 1.That Report PDS-013-22 and any related communication items, be received; 2.That the By-law attached to Report PDS-013-22, as Attachment 1, be approved; 3.That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-004-22 and Council’s decision; and 4.That all interested parties listed in Report PDS-013-22 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-013-22 Report Overview This is a recommendation report relating to the application for a Zoning By-law Amendment by Ken Hoy of Stonefield Homes Inc. to facilitate the creation of a new lot for a single detached dwelling. The property is located at 3301 Trulls Road in Courtice an d is currently Zoned “Agricultural (A)” and “Environmental Protection (EP)”. The subject lands are proposed to be rezoned to an Urban Residential Zone. 1.Application Details 1.1 Owner:Tim Cole 1.2 Applicant/Agent: Ken Hoy of Stonefield Homes Inc. 1.3 Proposal:Amend Zoning By-law 84-63 to rezone from “Agricultural (A)” and Environmental Protection (EP)” to “Urban Residential Exception (R1-85) Zone” to facilitate the creation of a new lot for one single detached dwelling at 3301 Trulls Road in Courtice. 1.4 Area: 2,630.55 square metres (0.65 acres) 1.5 Location: 3301 Trulls Road, east of Trulls Road, north of George Reynolds Drive in Courtice (see Figure 1) 1.6 Roll Number: 18-17-010-090-24400 1.7 Within Built Boundary: Yes 2.Background 2.1 Stonefield Homes Inc. submitted a land division application to the Region of Durham on October 14, 2021. The application was tabled until the appropriate items required by the Region and CLOCA were completed and provided that a Zoning By-law Amendment application was submitted and approved in order to permit the new lot. 2.2 The zoning by-law amendment application was submitted for the subject lands and deemed complete on September 23, 2021. A Statutory Public Meeting was held on November 15, 2021 to provide background information regarding the application and to obtain public comments. To date, no public inquiries have been received regarding the application. 2.3 Reports submitted in support of the application include: Scoped Environmental Impact Study Noise Impact Study Municipality of Clarington Page 3 Report PDS-013-22 2.4 These reports are summarized in Section 7 of this report. 2.5 Since the Public Meeting the applicant has worked towards resolving staff and agency comments. The latest draft land division plan includes:  A 5.0 m road widening along Trulls Road  The location of the silt fence to be erected during construction in order to protect the environmental features 2.6 There are a number of items recommended in the Noise Study and EIS that will be implemented through the conditions of approval of the land severance application. Figure 1 – Lands subject to the rezoning application 3. Land Characteristics and Surrounding Uses 3.1 The subject property consists of one single detached dwelling that was built in 2004, a swimming pool in the rear yard and an accessory structure in the north-east corner of the proposed parcel. The subject property is a relatively large lot within the built -up area of Courtice. 3.2 The surrounding uses are as follows: Municipality of Clarington Page 4 Report PDS-013-22 North – Single detached dwellings. The lands immediately adjacent to the subject lands were subject to an approved land division application in 2012, which created 2 additional lots. South – Single detached dwellings with 15 metre lot frontages. The lots immediately south of the subject lands were the former Courtice Fire Station, when the station was moved to Trulls Road, they were declared surplus and sold. East – Municipally owned open space and environmental protection areas, including the Provincially Significant Harmony-Farwell Iroquois Beach Wetland Complex. 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. 4.2 The proposal is consistent with the Provincial Policy Statement. The Provincial Growth Plan 4.3 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 subject property is designated Living Areas in the Durham Regional Official Plan. The policies of the Plan generally promote infill and intensification. The proposed rezoning to facilitate the severance of one additional single detached dwelling lot supports the intensification goals and is compatible for the existing neighbourhood. The proposal conforms to the Durham Region Official Plan. Clarington Official Plan 5.2 The subject property is designated Urban Residential in the Clarington Official Plan. The predominant use of lands designated Urban Residential shall be used for housing purposes. The rezoning, if approved, would facilitate one additional single detached Municipality of Clarington Page 5 Report PDS-013-22 dwelling lot and contribute towards the Municipality’s Residential Intensification Target . It would also utilize existing public services and infrastructure. Intensification within the Built-up Areas is encouraged and is to be given priority. 5.3 The property has frontage on Trulls Road, which is identified as a Type B Arterial Road. It includes pedestrian and cycle connections. The transportation policies indicate that new development must provide adequate off -street parking and safe egress. A 5 metre road widening on Trulls Road is required and shown on the draft R -Plan. The vehicle access to the proposed lot will utilize the existing access off Trulls Road. 5.4 Any intensification or infill development, such as the one being proposed, must also consider and respect the surrounding context. Consideration will be given to:  Pattern of lots;  Size and configuration of lots;  Building types of nearby properties;  Height and scale of buildings;  Setback of buildings from the street; and  Rear and side yard setbacks 5.5 The subject lands are adjacent to a designated Environmental Protection Area owned by the Municipality. A scoped Environmental Impact Study (EIS) was completed in support of the application. It defines the limits of the features and recommends mitigation measures to further protect the features and functions. 5.6 The rezoning to facilitate one additional single detached dwelling lot supports the intensification goals, is compatible with the existing neighbourhood, and doe s not present a further impact to the adjacent natural heritage features. The proposal conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 The subject property is currently zoned “Agricultural (A)” and “Environmental Protection (EP)” in Zoning By-law 84-63. 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. The Environmental Protection Zone at the rear of the subject lands is a remnant of old mapping data. 6.2 An amendment to the Zoning By-law is required in order to facilitate the severance of one additional single detached dwelling lot, as the Agriculture and Environmental Protection Zone are not consistent with the Urban Residential land use designation. Municipality of Clarington Page 6 Report PDS-013-22 7. Summary of Background Studies Scoped Environmental Impact Study, GHD Limited, May 2021 7.1 A scoped Environmental Impact Study (EIS) was prepared to confirm the extent of the wetland and other natural heritage features adjacent to the subject lands. It also evaluated the presence of any Species at Risk. The results indicat ed that the proposed severance would not have any significant impacts on the natural heritage features or functions. The subject property is over 30 metres f rom the wetland and the proposed dwelling is over 15 metres from any natural heritage features. Recommendations have been included in the EIS to mitigate impacts during construction as well as propose further enhancements to protect the features. Noise Impact Study, YCA Engineering Ltd., March 2021 7.2 A Noise Assessment was completed for the subject lands to determine noise levels from vehicle traffic on Trulls Road and George Reynolds Drive. Based on the analysis, a provision for an air conditioner is required for the proposed residential unit. Appropriate warning clauses are also to be included in the purchase and sale agreement. 8. Public Submissions 8.1 Signage was posted on the property and notification was provided to all property owners within 120 metres of the site, prior to the Statutory Public Meeting, which was held on November 15, 2021. At the time of drafting this report, no public concerns were presented at the Public Meeting, nor has the Municipality received any inquiries or public comments regarding the subject application. 9. Agency Comments Regional Municipality of Durham 9.1 The Region of Durham has reviewed the Scoped Environmental Impact Study (EIS), prepared by GHD, and will rely on the Central Lake Ontario Conservation Authority (CLOCA) to review the EIS and confirm its conclusions for the site. The Region also reviewed the Noise Impact Study, prepared by YCA Engineering Limited and requires the applicant to implement the mitigation measures in a development agreement with the Municipality of Clarington, to the satisfaction of the Region. 9.2 A Regional Site Screening Questionnaire (SSQ) that was submitted and completed with the necessary signatures. 9.3 Regarding servicing, the Region will require frontage charges and others related to the installation of sanitary sewer service connections at the time of the related Land Division application and Building Permit issuance. 9.4 The Region of Durham has no objection to the rezoning application, pending the implementation of the mitigation measures stated in the Noise Study and the EIS, which will be implemented through the conditions of the severance. Municipality of Clarington Page 7 Report PDS-013-22 Central Lake Ontario Conservation Authority (CLOCA) 9.5 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the application and supporting Environmental Impact Study for the proposed development . CLOCA’s Environmental Engineering staff is concerned with the proposed building and driveway potentially impacting the water quality of runoff and increasing imperviousness on the property. Staff require additional detailed drawings and updates regarding the Low Impact Development (LID) measures such as pervious pavers, bioswales or rain gardens. CLOCA has indicated that these measures can be addressed through the severance process. Erosion and sediment control measures were included on the revised plans at the request by CLOCA. 9.6 CLOCA has no objection to the rezoning application. Further comments from CLOCA will be addressed through the land severance process. 10. Departmental Comments Public Works Department 10.1 The Clarington Public Works Department has reviewed the application and have no objection to the proposed rezoning of the subject property. Preliminary comments were provided for the Land Division Application. Emergency and Fire Services Department 10.2 The Clarington Emergency and Fire Services Department has reviewed the application and found no fire safety concerns on the submitted drawings. Building Division of Planning and Development Services Department 10.3 The Building Division of the Planning and Development Services Department has reviewed the application and has no comments. 11. Discussion 11.1 The subject lands are situated in the Built-up Area of Courtice. The proposal for a rezoning to facilitate the creation of an additional building lot for a single detached dwelling is considered infill development that would make use of existing infrastructure. The proposed zoning by-law amendment would bring the property in conformity with the policies of the Clarington Official Plan. 11.2 The existing dwelling and southern driveway on the subject property would remain. The existing northern driveway is proposed to be partially reused to provide access to the proposed dwelling. The current site plan drawings show that all accessory structures including the rear yard deck abutting the existing dwelling, the rear yard pool, and the frame shed in the northeast corner of the property, would remain. No trees on the property are proposed to be removed. The northern portion of the property would comprise of the new single detached dwelling lot. Municipality of Clarington Page 8 Report PDS-013-22 Adjacent Environmental Lands 11.3 The EIS identified a Provincially Significant Wetland, a significant valley and a tributary of Farewell Creek on the adjacent lands owned by the Municipality. The wetland is part of the Harmony-Farwell Iroquois Beach Wetland complex. There is also a signif icant woodlot located on the Municipal lands but was not appropriately identified through the EIS. Staff have asked the consultant to revise the EIS to include the adjacent woodlot as well, since it is greater than 1 ha. Significant woodlots in the Urban Area are woodlots greater than 1 ha. Figure 2 – Subject lands in relation to natural heritage features 11.4 The Clarington Official Plan policies provide minimum setbacks to natural heritage features. Within Urban Areas, the minimum vegetation protection area for a wetland is 30 metres and 15 metres to valleylands, watercourses, and significant woodlands. The EIS demonstrates that the subject lands are 40 metres from the boundary of the wetland. However, the subject lands are within the Minimum Vegetation Protection Zone (MVPZ) of the woodlot. 11.5 Section 3.4.17 of the Clarington Official Plan states that notwithstanding the Minimum Vegetation Protection Zone (MVPZ), infill lots proposed within the Urban Area can reduce the MVPZ when given consideration to the surrounding development and setbacks. Any modification to the MVPZ must be supported by the EIS and there must be no net loss to the MVPZ. Municipality of Clarington Page 9 Report PDS-013-22 11.6 The EIS and CLOCA support the proposed rezoning and severance, given that the development is confined to an existing area of disturbance (i.e. existing house, accessory structures, pool, and manicured lawn) and would not result in any direct loss of habitat (i.e. woodland). Also, the surrounding properties encroach further into the MPVZ than the subject lands. There would be no physical net loss to the MVPZ as the lands are already disturbed. 11.7 It also appears from the aerial photos that trees were inadvertently removed somewhere between 2008-2010 on the Municipally owned lands. Section 3.4.11 of the Clarington Official Plan states that compensation and/or restoration of any part of the natural heritage system is required, which has been removed without prior Muni cipal approval. 11.8 Staff have, and will continue, to consult with CLOCA, the applicant and the owner to come up with a restoration plan for part of the woodlot that was removed and to protect and further enhance the natural heritage system. Mitigation would include the installation of a chain link fence, with no gate, at the rear property line to ensure there is no further encroachment into the feature. A planting plan would include native seed mixture and native trees and shrubs to increase the biodiversity of plants. The result should provide a net environmental gain for the system and the owner would be responsible for 100% of the cost. Restoration and mitigation measures would be implemented through the conditions of approval of the land severance applicat ion. Proposed Zoning for The Subject Lands 11.9 The Municipality can 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 buffer to the woodlot has already been disturbed and there is existing development within it. Since development already exists within the Minimum Vegetation Protection Zone, it is unrealistic to place it in the Environmental Protection Zone. 11.10 An appropriate zone that permits a single detached dwelling is the “Urban Residential Exception (R1-85)” Zone. The “R1-85” Exception Zone contains all the same provisions as the parent “R1” Zone, with the exception that the minimum setback to an EP Zone is 0 metres. The land directly north of the subject property is also zoned R1-85, therefore it would be a continuation of the zone. 11.11 Currently the Municipally owned lands to the east of the subject site is zoned Agricultural. Through the next comprehensive Zoning By-law Review, these lands would most likely be rezoned to Environmental Protection to reflect the policies of the Official Plan and to protect the natural heritage features. Therefore, in order to ensure the development limits remain for the subject property, and since it has already been evaluated through a review process, a setback of 0 m to the EP Zone would be appropriate, as opposed to the 3 m setback. There are already zoning provisions that would be maintained, such as the rear yard setback to the dwelling (7.5 m). The 0 m setback would have the effect of allowing a shed, for instance, to be the standard 0.6 m to the property line, as opposed to 3 m. Municipality of Clarington Page 10 Report PDS-013-22 Figure 3 – Current Zoning of Subject Lands and Surrounding 11.12 The proposed lot frontage for the R1-85 zone is 15 metres for an interior lot to be used for a single detached dwelling, and a minimum lot area of 460 square metres. The proposed severed lot has a lot frontage of 16.77 metres, and an approximate lot area of 904 square metres (after 5 metre road widening is dedicated). The retained lot with the existing single detached dwelling would have a lot frontage of 27.95 m etres and a lot area of 1,505 square metres. Both the proposed and retained lot comply with the “R1- 85” Zone requirements for lot area and frontage. 11.13 The existing and proposed building and structures appear to be in compliance with the “R1-85” Zone regulations, except for the garage projection shown on the proposed dwelling. Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit. This provision applies to all lots registered after June 30, 2000. Staff will ensure that all future building permits will comply with the zone provisions. 12. Concurrence Not Applicable. Municipality of Clarington Page 11 Report PDS-013-22 13. Conclusion 13.1 In consideration of all agency and staff comments, it is respectfully recommended that the application for the Zoning By-law Amendment to facilitate an infill lot on Trulls Road, be approved. The proposed infill development would utilize existing municipal services and is generally consistent with Provincial, Regional, and Municipal land use policies. Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri@clarington.net. Attachments: Attachment 1 – Zoning By-law Amendment Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PDS-013-22 C:\Program Files\eSCRIBE\TEMP\9213754077\9213754077,,,Attachment 1 to Report PDS-013-22.docx If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 2022-______ 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 ZBA2021-0010; Now therefore the Council 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" and “Environmental Protection (EP) Zone” to "Urban Residential Exception (R1-85) 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. Passed in Open Council this day of , 2022 __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk