HomeMy WebLinkAboutPSD-015-14 Clara REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#:
Report#: PSD-015-14 File#: ZBA 2013-0027
Subject: AN APPLICATION TO REZONE LANDS TO ALLOW FOR THE CREATION OF
13 SINGLE DETACHED RESIDENTIAL LOTS
APPLICANT: GWENDOLYN THIELE, 1361189 ONTARIO LIMITED & CLARET
INVESTMENTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-015-14 be received;
2. THAT the application to amend Zoning By-law 84-63, submitted by Gwendolyn Thiele,
1361189 Ontario Limited, & Claret Investments Limited to allow for the creation of 13
single detached residential lots 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-015-14 and Council's decision; and
4. THAT all interested parties listed in Report PSD-015-14 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:` ``
Davi . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
ATS/CP/df
13 February 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-015-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: Gwendolyn Thiele, 1361189 Ontario Limited, & Claret Investments
Limited
1.2 Agent: D.G. Biddle & Associates Limited
1.3 Proposal: To place lands in appropriate zones to allow for the creation of 13
single detached residential lots, and to define the environmental
protection areas, all in accordance with the approved Hancock
Neighbourhood Design Plan.
1.4 Area: 0.987 ha
1.5 Location: Part of Lot 27, Concession 3, former Township of Darlington,
including 3252 Hancock Road, Courtice
2. BACKGROUND
2.1 D.G. Biddle & Associates Limited submitted an application to rezone lands on the south
side of George Reynolds Drive, just west of Hancock Road, in the Hancock
Neighbourhood. A public meeting was held on November 25, 2013.
2.2 Registered Plan of Subdivision 40M-2364 includes the lots along the north side of
George Reynolds Drive, fronting Harry Gay Drive, and also Blocks 100 and 101 which
are subject to this rezoning. Blocks 100 and 101, together with 3252 Hancock Road
(Thiele lands) are the lands subject to this rezoning application. This application
proposes to rezone the lands to allow 13 lots with frontage along George Reynolds
Drive, approximately 31.6 metres deep (Figure 1).
REPORT NO.: PSD-015-14 PAGE 3
Figure 1
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2.3 The revisions to the Hancock Neighbourhood Design Plan approved early in 2013,
considered the development potential of these lands. The proposed lots are near a
Provincially Significant Wetland (PSW). An 18 metre buffer (minimum) will be provided
between the PSW and the rear of the proposed lots and was supported by the
applicant's consultant and Central Lake Ontario Conservation Authority. Official Plan
Amendment No. 80 to the Clarington Official Plan generally shows the lands to be
protected and lands for development along the south side of George Reynolds Drive.
2.4 The Hancock Neighbourhood Design Plan was revised to illustrate 13 single detached
residential lots fronting on George Reynolds Drive. The thirteen lots have been pre-
serviced with municipal sanitary and water services. The existing dwelling at 3252
Hancock Road will become a corner lot at the southwest corner of George Reynolds
Drive and Hancock Road on the reconfigured lot. Access to this lot will remain as is
along Hancock Road, municipal sanitary and water services will be connected from
George Reynolds Drive, and the existing private services abandoned.
REPORT NO.: PSD-015-14 PAGE 4
2.5 During the review of the Hancock Neighbourhood Design Plan, the Central Lake
Conservation Authority requested that since Block 101 was previously cleared of
vegetation, and will now form part of the buffer to the proposed lots, that the block be
enhanced with replanting prior to development of the lots. A planting plan was submitted
with the subject application and is currently being revised to address comments by
Central Lake Ontario Conservation Authority. Any portion of the subject lands identified
as PSW and buffer area would be placed in the Environmental Protection (EP) Zone as
part of this rezoning application.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 Figure 2 (below) outlines the subject lands, proposed lot layout, surrounding uses and
identifies the different ownership of land. The Environmental Protection area shown on
Figure 2 reflects the Official Plan designation and the Hancock Neighbourhood Design
Plan. The Environmental Protection area includes lands identified as Provincially
Significant Wetlands and wooded areas targeted for protection.
3.2 Block 100 and Block 101 have been previously cleared of vegetation. The Thiele
property is treed. A small portion of the PSW is present on Block 101.
Figure 2
Property Location Map(Courtice)
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REPORT NO.: PSD-015-14 PAGE 5
3.3 The surrounding uses are as follows:
North - Existing residential lots along George Reynolds Drive
South - Existing deep residential lots along Hancock Road, including wooded areas
and Provincially Significant Wetlands
East - Hancock Road and lands within Protected Countryside Area of Greenbelt
West - Harry Gay Neighbourhood Park
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) 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 PPS.
4.2 Provincial Growth Plan
The Provincial 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 principles of the Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands as "Living Areas", which shall
be used predominately for housing purposes. The proposed rezoning application would
allow for the creation of the 13 lots, and would protect the natural heritage features,
within an existing residential area.
The subject application conforms to the Durham Regional Official Plan.
REPORT NO.: PSD-015-14 PAGE 6
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands Urban Residential — Low
Density. The lands are located within the Hancock Neighbourhood Design Plan. The
lots that will be created will be consistent with the lots shown in the Hancock
Neighbourhood Design Plan that was revised and approved by Council in 2013. The
PSW lands, buffer and wooded areas identified as Environmental Protection Area in the
Official Plan would be zoned Environmental Protection.
The subject application conforms to the Clarington Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone which does not
permit urban residential uses, or recognize the Provincially Significant Wetlands and
buffer area.
7. PUBLIC SUBMISSIONS
7.1 During the review of the application, one nearby resident contacted staff about the
application and also spoke at the Public Meeting held on November 25, 2013. A copy of
the submission was filed with staff.
7.2 The written submission outlines four requests:
• That the development be put on hold until the planting plan is revised to include
Butternut tree plantings, and is approved and implemented to CLOCA's
satisfaction;
• That a narrow dirt trail be constructed within Block 101 that would connect the park
to Hancock Road, which would be an alternative to using George Reynolds Drive;
• Install sensor lighting in the rear yards of the new dwellings to lessen impact on
wildlife; and
• That any clearing take place outside of breeding bird season and/or fall arrival of
migratory birds.
8. AGENCY COMMENTS
8.1 Regional Planning
Regional Planning finds that the proposal conforms to both the Growth Plan and
Regional Official Plan. The Region also reiterates that CLOCA's approval on the
protection of the nearby environmental features is required. Municipal water and
sanitary services are available to each of the proposed lots including the existing
dwelling at 3252 Hancock Road. Conditions will be imposed at the time of creating the
REPORT NO.: PSD-015-14 PAGE 7
lots, including the requirement to abandon the existing private well at 3252 Hancock
Road once the dwelling is connected to municipal services.
8.2 Central Lake Ontario Conservation Authority
CLOCA confirms that an extensive restoration planting plan must be implemented for
Block 101 prior to development. The Planting Plan submitted with the application is not
acceptable to CLOCK To provide sufficient protection of the PSW, additional plantings,
including Butternut trees, are required.
CLOCA does not object to the rezoning of the lands, however it is recommended that a
Holding symbol be placed on the lands until the planting plan has been implemented to
the satisfaction of CLOCA and the Municipality of Clarington. A permit from CLOCA will
be required prior to development.
8.3 Kawartha Pine Ridge District School Board
The school board has advised they have no objection to the rezoning application. Any
students generated by the 13 proposed dwellings would attend Courtice North Public
School and Courtice Secondary School.
9. DEPARTMENTAL COMMENTS
9.1 Enqineerinq Services
Engineering Services has no objections to the rezoning. A development agreement will
be required prior to development proceeding, which will deal with such items as road
restoration, sidewalk removal and replacement, curbs, driveway aprons, street trees,
deposits and securities, and resolution of front-ending payments.
9.2 Emergency and Fire Services
Emergency and Fire Service has no fire safety concerns with the proposal.
9.3 Building Division
The Building Division has no objections.
10. DISCUSSION
10.1 The rezoning would change the current zoning of the lands from Agricultural (A) Zone
which does not permit urban residential uses, to an urban residential zone that would
permit the proposed lots. Eleven of the lots would have a minimum lot frontage of 15
metres, and two (2) would have a minimum lot frontage of 12 metres.
REPORT NO.: PSD-015-14 PAGE 8
10.2 As part of this rezoning application, any portion of the subject lands identified as PSW,
buffer area or woodlot would be placed in the Environmental Protection (EP) Zone. The
EP Zone would be consistent with the Environmental Protection Area shown on Figure 2
as it applies to the subject lands.
10.3 The proposed rezoning application is consistent with recently approved Official Plan
Amendment No. 80 and the Hancock Neighbourhood Design Plan. Should the rezoning
be approved, the applicant intends to apply to Regional Land Division Committee to
create the lots. The owner will be required to enter into a development (subdivision)
agreement with the Municipality of Clarington.
10.4 In response to the concerns and recommendations raised by the nearby resident, staff
offers the following:
Planting Plan
The resident's submission reflects the comments of the Central Lake Ontario
Conservation Authority. Additional plantings, including Butternut trees, are required to
provide sufficient protection of the PSW. This will be implemented through the
agreement required as a condition of approval for land division. Central Lake Ontario
Conservation Authority will also have an opportunity to review and provide comments
during the land division process.
Trail within Block 101
The approved Hancock Neighbourhood Design Plan does not contemplate a trail
through Block 101. A trail at this location would be within the buffer to the Provincially
Significant Wetlands and would reduce buffer planting by approximately 5 metres.
Generally, people are directed away from these sensitive areas to avoid impacts such
as trampling of rare and sensitive plant species, litter and other impacts to the natural
environment. Central Lake Ontario Conservation Authority will require fencing of the
rear lot lines to prohibit intrusion into the sensitive area and would not encourage a trail
at this location.
A sidewalk is available along both sides of George Reynolds Drive which provides a
connection to the park just to the north of this open space block.
Given there is a sidewalk on both sides of George Reynolds Drive, the benefits do not
appear to outweigh impacts, and Planning staff do not support the request.
Rear yard motion sensor lighting
The development agreement will require the developer to install rear yard motion sensor
lighting focussed to the area closer to the house to avoid light trespass beyond the rear
yard fence line. This condition would not be binding on future owners may change and
alter lighting systems. However, the Environmental Handbook for New Residents will
incorporate this advice to homeowners.
REPORT NO.: PSD-015-14 PAGE 9
Breeding bird/migratory bird seasons
The developer will be required by CLOCA to comply with all provincial and federal laws
relating to breeding and migratory birds. CLOCA also requires that an extensive
restoration planting plan must be approved and implemented for Block 101 prior to
development. This will ensure that trees on Block 101 are planted and established prior
to any clearing on Block 100.
10.5 The proposed Zoning By-law Amendment would place the lots in the R1-74 Zone for the
15.0 metre lots, and a recently created R2-78 Zone for the 12.0 metre lots. Both zones
are used in the Hancock Phase 2B subdivision recently registered and the east side of
Courtice Road, north of George Reynolds Drive.
All zones will provide for setbacks adjacent to the street, as follows: minimum 2.0
metres to porch; 4.0 metres to dwelling; and 6.0 metres to the attached garage. The
regulations will allow dwellings and porches to be located closer to the street and
prevents attached garages from dominating the streetscape. A reduced interior yard
setback of 0.6 metres on one side, and 1.2 metres on the other side, for the 12.0 metre
lots would be permitted by the R2-78 Zone. This reduction to the interior side yard
setback, together with the lot coverage provisions, is more consistent with recent
approvals and provides more flexibility to the builder when siting the various models on
lots.
A maximum height of the unenclosed porch floor is set at 1.0 metre to prevent many
steps at the front of the dwelling. Steps can be incorporated elsewhere in the dwelling,
by sinking the front foyer, as an example.
Garage projections will vary. Fifty percent of the garages in each zone can project a
maximum of 1.25 metres from the front wall of the dwelling. This will ensure a variety of
designs and projections along the streetscape.
Maximum permitted lot coverage in the newly created zones has been increased to
accommodate covered porches, decks and detached accessory structures (garden
sheds).
10.6 There are no objections to the proposed rezoning application. The technical comments
raised can be implemented through the future land division process that will be a
condition of a development agreement. Staff recommend approval of the rezoning
subject to applying the (H) Holding Symbol which helps to ensure that the provisions
discussed earlier in this report are implemented. The proposed rezoning application is
consistent with recently approved Official Plan Amendment No. 80 and the Hancock
Neighbourhood Design Plan.
10.7 Property taxes for the subject properties are in good standing.
11. CONCURRENCE — Not Applicable
REPORT NO.: PSD-015-14 PAGE 10
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.
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:
Gwendolyn Thiele
1361189 Ontario Limited
Claret Investments Limited
D.G. Biddle & Associates Limited
Bill Manson
Libby Racansky
ATTACHMENT
TO REPORT PSD-015-14
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 2013-0027;
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 designation from
"Agricultural (A) Zone"to "(H) Holding - Urban Residential Exception ((H)R2-78)
Zone";
"Agricultural (A) Zone"to "(H) Holding - Urban Residential Exception ((H)R1-74)
Zone";
"Agricultural (A)Zone"to"Urban Residential Exception (R1-74)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 3`d day of March, 2014,
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2014-
passed this day of 7 2014 A.D.
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Zoning Change From"A"To"(H)RI-74"
Zoning Change From"A"To"(H)R2-78"
Zoning Change From"A"To"RI-74"
Zoning Change From"A"To"EP"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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