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HomeMy WebLinkAboutPSD-010-14 uianngton REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 3, 2014 Resolution#: Vr - q- By-law#: cab/ ° Report#: PSD-010-14 File#: ZBA 2013-0015 Subject: AN APPLICATION AMEND THE ZONING BY-LAW TO ALLOW FOR THE SEVERANCE OF AN EXISTING SINGLE DETACHED DWELLING FROM LANDS TO BE RETAINED FOR FUTURE DEVELOPMENT APPLICANT: STEVE KREZANOWSKI RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-010-14 be received; 2. THAT the application to amend Zoning By-law 84-63, submitted by Stephen Krezanowski for the future severance of an existing residential dwelling be approved as contained in Attachment 1; 3. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-010-14 and Council's decision; and 4. THAT all interested parties listed in Report PSD-010-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: avi . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer ATS/CP/df 27 January 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-010-14 PAGE 2 1. APPLICATION DETAILS 1.1 Owner: Katherine Krezanowski (Estate) 1.2 Applicant: Stephen Krezanowski 1.4 Proposal: To rezone lands to allow for the severance of an existing single detached dwelling from lands to be retained for future development 1.5 Area: 4.8 ha (11.83 acres) 1.6 Location: 3289 Courtice Road, Courtice - Part of Lot 28, Concession 3, former Township of Darlington 2. BACKGROUND 2.1 The subject lands are within the Hancock Neighbourhood in Courtice. The Hancock Neighbourhood Design Plan was approved on April 17, 2013 and shows how the lands can be developed with residential uses, roads, and the areas that will form part of the protected open space system. 2.2 Stephen Krezanowski has submitted an application to amend the Zoning By-law to facilitate the severance of an existing single detached dwelling on a lot having an area of approximately 2,740 square metres (0.7 acres) from the balance of the property. 2.3 No buildings or structures are proposed to be built on the 3.9 hectare balance of the property at this time. 2.4 The subject dwelling is serviced by municipal water and a private septic system. There are no plans to extend municipal sanitary services in the vicinity of the subject lands at this time. Extension of sanitary services will depend on future development applications, complete with supporting studies. 2.5 Following the public meeting held on June 24, 2013, the applicant submitted a land division application to create the lot which was approved on October 21, 2013, subject to conditions. One of the conditions is to satisfy the requirements of the Municipality of Clarington, including rezoning the lands to appropriate zones that would allow the creation of the lot and protection of the natural heritage features. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 A single detached dwelling (1952) and an accessory building (80 square metres) exists on the proposed lot to be severed. A Provincially Significant Wetland and forested area account for approximate 70% of the property's area. The remainder of the lot is maintained as lawn. REPORT NO.: PSD-010-14 PAGE 3 FIGURE 1 DIP 01, K ./ Subject Property Potential Future ` dj � F' GEOR6El2EYNOLDS UrZ" 57 y 1.r^-- SKINNERCP of_s. "R GLENVIEW ^� � s,. ,Y,. �yr �% yF, ry._ti .' _ /V—' LU 3.2 The surrounding uses are as follows (Figure 2): North - Residential dwellings on existing lots of record; Draft approved plan of subdivision (18T-94027) South - Residential dwellings on existing lots of record; future alignment of George Reynolds Drive; agricultural operation East - Servicing corridor & trail system; significant woodlot and Provincially Significant Wetland West - Residential dwellings on existing lots of record; Provincially Significant Wetland REPORT NO.: PSD-010-14 PAGE 4 FIGURE 2 Low Density Residential n/ O Medium Density Residential Environmental Protection Areas = - Provincially Significant Wetland c4`+ Existing Residential J uture Convenience Store 1gT--94027 H D i Special ° _—— — Area 7 i � I Se cin Corridor (Pe estrian Trail Potential Severed Lot M1 EP �°.�ti\•1�h^!M..1 Y°^�y``�^.yl'V.�:."Z°."µ.',;a4M1rw^y+.L ■ `p�w•v..yv"~`„Z` �`'q�°" h. !ate... •v.. F.�y:•yt•,�•`��^z 1.++�'� `,y s�—�.'°.s+--� w CS Subject Lands Owned By i Krezanowski Future Alignment Of George Reynolds Drive ti«;'�'°;fix"°`«°�•"``=,��•+--, EXTRACT FROM HANCOCK NEIGHBOURHOOD DESIGN` A REPORT NO.: PSD-010-14 PAGE 5 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement promotes growth in settlement areas. The availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs must be taken into account. Planning authorities are required to provide for a range of housing types and densities. Development and site alteration shall not be permitted on lands adjacent to significant natural heritage features unless the ecological function of those natural heritage features have been evaluated and it has been demonstrated that there will be no negative impacts. The subject application is consistent with the Provincial Policy Statement. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The Growth Plan directs growth to built-up areas where the capacity exists to best accommodate the expected population. The guiding principles include building compact, vibrant and complete communities while optimizing the use of existing and new infrastructure to support growth in a compact efficient form. The subject application conforms to the Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the property Living Area with an indication of Key Natural Heritage and Hydrologic Features. Lands designated Living Area are to be used predominantly for housing with a wide variety of types, sizes and tenure. Intensification of existing areas is encouraged. The natural environment, including Key Natural Heritage and Hydrologic Features shall be given paramount consideration in light of their ecological functions and scientific, educational and health values. The subject application conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The property is designated Urban Residential and Environmental Protection in the Clarington Official Plan. A Medium Density Residential symbol applies with the intention that lands fronting onto Courtice Road can be developed at a higher density (townhouse units or low-rise apartment buildings, for example). The predominant use of lands designated Urban Residential shall be for housing purposes. The property has frontage on Courtice Road, which is identified as a Type A Arterial Road. These roads are designed to move large volumes of traffic and have a right-of-way width ranging from 36 to 50 metres, with limited individual access. REPORT NO.: PSD-010-14 PAGE 6 Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. The precise limits of these Areas are to be determined in consultation with the Conservation Authority. The property is within the Lake Iroquois Beach and contains and is adjacent to a wetland, significant valleylands, and a tributary of Farewell Creek. The wetland is part of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland. Chapter 4 of the Official Plan requires the completion of an Environmental Impact Study within 120 metres of any natural heritage feature. The subject application conforms to the Clarington Official Plan. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 currently zones the subject lands Agricultural (A) and Environmental Protection (EP). The existing zoning does not permit the proposed consent application. 7. PUBLIC SUBMISSIONS 7.1 A public meeting was held on June 24, 2013. No members of the public came forward at the public meeting or during the processing of the application. 8. AGENCY COMMENTS 8.1 Central Lake Ontario Conservation Authority Central Lake Ontario Conservation Authority identifies the Natural Heritage System on the subject lands, including a Provincially Significant Wetland and a tributary of the Black Creek. This system, including any associate buffers, is to remain free from development activities. Any development within 120 metres of the wetland boundary would require an Environmental Impact Study to be completed. Central Lake Ontario Conservation Authority requires a minimum of 30 metre buffer from the boundary of the wetland. However, since no new construction is proposed, and the new lot would be in excess of 30 metres from the wetland boundary, Central Lake Ontario Conservation Authority has no objection to the rezoning. Central Lake Ontario Conservation Authority recommends that the Natural Heritage System be rezoned Environmental Protection. The entire parcel lies within an area regulated by Central Lake Ontario Conservation Authority. Should any grading or development be proposed in the future, a permit would be required. REPORT NO.: PSD-010-14 PAGE 7 8.2 Durham Regional Planning The Region of Durham has no objections to the proposed rezoning or land severance application. The Region highlights that any environmental or natural heritage concerns should be addressed by Central Lake Ontario Conservation Authority. 8.3 Durham Regional Health The Health Department has no objections and is satisfied that the severed lot can accommodate the private sewage system. No alterations to the system are required. 8.4 Durham Regional Works Through the land division application, the Region of Durham Works provided no objections to the proposed rezoning or land severance application. As a condition of the land division application, the Region requires the dedication of land for future widening of Courtice Road. The Works Department highlights that the lands are serviced by municipal water and frontage charges will apply. 8.5 All other circulated agencies have provided no objections. 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services Engineering Services has no objection, in principle, to the rezoning. Development on the vacant parcel will require subsequent development applications and further study. No development is to occur on the future vacant parcel. 9.2 Emergency and Fire Services Emergency and Fire Services has no concerns. 9.3 Building Division The Building Division has no objections. 10. DISCUSSION 10.1 Any new lot must conform to the requirements of the Zoning By-law. The subject lands are zoned Agricultural (A) and Environmental Protection (EP) and would not permit the creation of a residential lot in the urban area. 10.2 The proposed rezoning to facilitate a future severance does not conflict with the recently approved Hancock Neighbourhood Design Plan. The proposed rezoning is not REPORT NO.: PSD-010-14 PAGE 8 achieving the ultimate density for the development of the land however it would not impede the future development of the lands. 10.3 Planning Staff and Central Lake Ontario Conservation Authority have discussed the proposal and determined that while the rezoning/severance would be within 120 metres of a natural heritage feature, the proposed lot is in excess of 30 metres from a feature, and no new development and/or site alteration is proposed. The applicant maintains that the future severed lot containing the dwelling would not be further developed at this time, while the balance of the lands would remain vacant. As no new construction is proposed at this time, an Environmental Impact Study is not required as part of this application, but will be required as part of any future development applications in accordance with the Natural Environment and Resource Management policies of the Official Plan. 10.4 The applicant has provided a draft reference plan depicting the proposed severed lot and road widening along Courtice Road. The reference plan has been reviewed by Planning staff and the Region of Durham and is satisfactory. 10.5 The proposed Zoning By-law Amendment (Attachment 1) would place the residential lot in the Urban Residential Type One (R1) zone. The existing accessory building has a floor area of 80 square metres however in urban residential zones, accessory buildings may only have a maximum floor area of 60 square metres. By placing the lands in the R1 zone, the existing accessory building (detached garage) would have legal non- conforming status. 10.6 The balance of the lands, outside of the natural features, will remain in the Agricultural Zone, with a (H) Holding symbol applied. This will be sufficient to ensure no new construction and/or site alteration takes place on the balance of the lands. Future development applications and supporting studies, including an Environmental Impact Study, will be required. 10.7 Consistent with the recent approval of Official Plan Amendment No. 80, portions of the subject lands will be rezoned Environmental Protection to align with the Environmental Protection designation of the Official Plan. The limits of the Environmental Protection Zone may be refined during the review of future development applications. 10.8 All taxes owing to the Municipality of Clarington have been paid in full. 11. CONCURRENCE — Not Applicable 12. CONCLUSION 12.1 In consideration of the comments received from circulated agencies, and based on review of the proposal, staff recommends that the Zoning By-law Amendment (Attachment 1) be approved. REPORT NO.: PSD-010-14 PAGE 9 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Anne Taylor Scott, Planner II Attachments: Attachment 1 - Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision: Steve Krezanowski ATTACHMENT TO REPORT PSD-010-14 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 2013-0015; 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 designations from: "Agricultural(A)Zone"to"Urban Residential Type One (R1)Zone'; "Agricultural (A)Zone"to "Holding (H)—Urban Residential Type One (R1)Zone"; and, "Agricultural (A)Zone"to"Environmental Protection (EP)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. BY-LAW passed in open session this 10t"day of February, 2014. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2014- , passed this day of , 2014 A.D. ELMER ADAMS DR ELMER ADAMS DR 0O � J p o ry J 0 rr v •a•• •.:..�;t,':;: :; �"•:•iii':.r:i , yyL`" :i{!:tj:f.t•'''t:::•:..:• i:'4':f::•,:i:?. U t;.;l i,: '•t fit!;,';'. ..,w,."Y.y...,. y�i.i::�;.'iii?�(�7::i::i�:•�f:��lii.�i?:t.;�•i•l.: vK°-.w :'tip?:;J::� �:•::�'. '.,ii:::i't��,,:.;s''` y" ..,y.,,� ...iti' �:•:ii�l'i' �(�: .�,;;::•'::;:i; :ft• r.r,•, •y%t..vv•.yr;�4..`•' f ;if,•,• vy-'•.v KY,yy..y'J','i" ...yr�;'•i:.i�r{:�''• •�� VK •.ir Kt y".4"4�"Y �" n'' �.it::':::::�. ';���, tiy'Y.ti�•�\':::: t.•KrK�K rKt� .` 4�"•�u� ,.itl�ti 1 h� ® Zoning Change From'A'To'(H)R1' Zoning Change From'A'To'EP' - Zoning Change From'EP'To'(H)R1' ®Zoning Change From'A'To'R1' ED Zoning To Remain EP Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk F a d s � /V i� G y Courtice ZBA2013.0015 SCHEDULE 4