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HomeMy WebLinkAboutPSD-036-15 CIW 4V*0 Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: PSD-036-15 Resolution Number: (::>Pq- File Number: ZBA 2015-0007 By-law Number: Report Subject: A Rezoning Application by 1351739 Ontario Limited (Gay/Baird)to Amend Zoning By-Law 84-63 to Permit the Severance of a Residential Lot Fronting on Townline Road Recommendations: 1. That Report PSD-036-15 be received; 2. That the Zoning By-Law Amendment (ZBA-2015-0007) application submitted by 1351739 Ontario Limited (Gay/Baird)to allow the severance of an existing lot continue to be processed and that a subsequent report be prepared, and 3. That all interested parties listed in Report PSD-036-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-036-15 Page 2 Report Overview This is a Public Meeting report to consider lands located on the east side of Townline Road North, north of Nash Road in Courtice. The subject property is currently zoned as "Agricultural (A)". The Owner is seeking to rezone this property, in conformity with the Official Plan, in order to allow for the property to be severed and create two 17.26 metre frontage residential lots to accommodate a single detached dwelling on each. 1 . Application Details 1.1. Owner/Applicant: 1351739 Ontario Limited 1.2. Agent: D.G. Biddle and Associates Limited 1.3. Proposal: To rezone from "Agricultural (A)" to an appropriate zone to facilitate the severance of one lot, into two 17.26 metre frontage residential lots 1.4. Site Area: 0.28 hectares 1.5. Location: Part of Lot 35, Concession 2 former Township of Darlington, 85-87 Townline Road North, Courtice 1.6. Within Built Boundary: Yes 2. Background 2.1 On March 24, 2015, D.G. Biddle and Associates Ltd on behalf of 1351739 Ontario Ltd submitted an application to rezone the subject property from "Agricultural (A)" to facilitate a severance and permit two single detached dwellings on 17.26 metre frontage lots. 2.2 Previously, on December 19, 2014 1351739 Ontario Ltd., had submitted an application for land division of the subject property to Durham Region (LD 027/2015). Clarington Staff confirmed that the lands would require approval of a zoning by-law amendment prior to making a recommendation on the land division application as the lands are not within an urban residential zone. After considering all comments the Land Division Committee tabled the application for up to two years to allow the applicant to consult with Clarington Staff. 2.3 As part of this application, the applicant submitted an Environmental Impact Study and a Noise Impact Study. These have been circulated to departments and agencies and are currently under review. Municipality of Clarington Report PSD-036-15 Page 3 3. Land Characteristics and Surrounding Uses Figure 1 — Key Map of Subject Property C- 0 z 0 Proposed Driv,,r eway, r Proposed Existing Property to f0 House ---- be severed _ ,--�House i i Road Widening ---� Existing --- Sheds Property to be retained � --- Proposed'Dnveway. N ZBA 2015-0007 3.1 Located on the property is an abandoned residential dwelling. The subject lands are primarily flat, except for a slope area at the very rear of the property where it drops off significantly into the Harmony Creek Valley. Harmony Creek and its wooded valley are located at the eastern end of the property. The subject lands contain a manicured lawn, treed property lines in the north and south and wooded area to the east. The woodland includes a steep slope leading to Harmony Creek and the associated floodplain. A provincially significant wetland is identified just to the east of the subject lands. 3.2 The surrounding uses are as follows: North - Rural Residential Dwellings South - Rural Residential Dwellings East - Rural Residential Dwellings and Provincially Significant Wetland West - Kingsway College, a private secondary school campus Municipality of Clarington Report PSD-036-15 Page 4 Figure 2 — Existing Residential Dwelling on Property A' J I- 4. Provincial Policy 4.1 Provincial Policy Statement Within the Provincial Policy Statement (2014), the subject lands are located in the settlement area boundary. The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on a mix of uses that efficiently use land, resources and infrastructure. Opportunities for redevelopment and intensification are encouraged and natural features shall be protected. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.2 Growth Plan for the Greater Golden Horseshoe The subject property is located within the built boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built- up areas through intensification and efficient use of existing services and infrastructure. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality is to be located within the built up area. Municipality of Clarington Report PSD-036-15 Page 5 5. Official Plans 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates this property as a "Living Area". Living Area lands are predominately intended for housing purposes. Under the Durham Regional Official Plan Development applications in Living Areas shall encourage: compact urban form, use of good design principles and convenient pedestrian access to public transportation, educational facilities and parks. 5.2 Clarington Official Plan The subject lands are predominantly designated "Urban Residential', with the rear of the property designated "Environmental Protection" to reflect the location of a Provincially Significant Wetland, a Significant Woodland, Cold Water Stream and Significant Valley lands. The Urban Residential lands are predominately intended for housing purposes. As the lands are within 120 metres of a natural heritage feature, an Environmental Impact Study has been conducted to define the development limit. Townline Road is a designated Type B Arterial Road. Private access points should be limited to one for every 80 metres of road. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands as "Agricultural". This zone does not allow for the creation of two urban residential lots, hence the need for a zoning application. 7. Public Notice and Submissions Public notice was given by mail to each landowner within 120 metres of the subject site. The public notices for this application were mailed on May 25, 2015, and the appropriate signage outlining the application was installed on the subject lands Townline Road frontage. At the time of drafting this report, Staff had received no inquiries regarding this application. 8. Agency Comments 8.1 The majority of circulated external agencies have not commented to date. This includes: The Region of Durham Planning and Economic Development, Region of Durham Works Department, and Central Lake Ontario Conservation Authority. 8.2 The Durham Health Department has advised that they have no objection, in principle, to the proposal. However, it is their recommendation that, as a condition of any approval, the properties be serviced by municipal sanitary sewer and municipal water. Any well(s) and septic systems located on the property must be properly abandoned. Municipality of Clarington Report PSD-036-15 Page 6 9. Departmental Comments 9.1 Engineering Services Clarington Engineering has advised that they have no objection in principle to the rezoning and that prior to final approval of the related land severance application, the applicant will be required to satisfy the Engineering Services Department regarding the following concerns and conditions: • Grading, • Drainage, • Parking, and • Noise Attenuation. 9.2 Emergency and Fire Services Emergency and Fire Services have reviewed the application and have no objection. 10. Discussion 10.1 The applicant is requesting permission to rezone the subject property from "Agricultural (A)" to facilitate a severance and permit two single detached dwellings. 10.2 Currently, there is an abandoned single-detached residential dwelling in the middle of the property however, the applicant plans to remove the existing dwelling from the property once granted the Zoning By-Law Amendment, in order to facilitate the land division. 10.3 The Environmental Impact Study submitted with the application is still under review internally and externally, as is the Noise Study. Both will be reviewed and summarized in a subsequent report. 10.4 Comments provided by departments and agencies will continue to be reviewed and addressed by the applicant and their consultants as they are received. 11 . Concurrence Not Applicable 12, Conclusion The purpose of this report is to provide background information on the proposed Zoning By-Law Amendment and receive comments from the public. Staff will continue processing the application including the preparation of a subsequent report upon receipt of all outstanding comments and resolution of the identified issues. Municipality of Clarington Report PSD-036-15 Page 7 13. Strategic Plan Application Not applicable r.7� Reviewed by. -`-� Davico. Crome, KAdP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Anne Taylor Scott, Planner II, 905-623-3379 ext. 2414 or ataylorscott(aD,clarington.net The following is a list of the interested parties to be notified of Council's decision: D.G. Biddle and Associates Limited 1351739 Ontario Limited DA/CP/df/jp