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HomeMy WebLinkAboutPSD-043-15 Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: September 14, 2015 Report Number: PSD-043-15 Resolution Number: _obck File Number: ZBA 2015-0007 By-law Number: a , Report Subject: A Rezoning Application by 1351739 Ontario Limited to Amend Zoning By-Law 84-63 to Permit the Severance of a Residential Lot Fronting on Townline Road, Courtice Recommendations: 1. That Report PSD-043-15 be received; 2. That the Zoning By-law Amendment application submitted by 1351739 Ontario Limited be approved as contained in Attachment 1 to Report PSD-043-15; 3. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, and that provisions are made for the dedication of the open space lands to the Municipality of Clarington, 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-043-15 and Council's decision; and 5. That all interested parties listed in Report PSD-043-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-043-15 Page 2 Report Overview This is a recommendation report to rezone 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)" and a Zoning By-law Amendment has been prepared 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 December 19, 2014, 1351739 Ontario Ltd. submitted an application to the Durham Region Land Division Committee to sever the subject property (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 and Central Lake Conservation Authority staff. 2.2 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 (Figure 2). The application was circulated for comments and deemed complete on May 26, 2015. The public meeting was held June 22, 2015. 2.3 An Environmental Impact Study was prepared and submitted with the rezoning application. The report evaluates the natural heritage features present on and near the subject lands. Natural heritage mapping indicates the presence of the Harmony Creek and valley system, and part of the Provincially Significant Wetland complex identified by the Ministry of Natural Resources. The limits of the wetland mapping relative to the subject land is shown on Figure 1. Municipality of Clarington Report PSD-043-15 Page 3 Figure 1: Aerial Photo Showing Provincially Significant Wetland 1, i l M i f _ RUN i o f lar n n z 0 W z J 2 I. H }4 Harmony Creek � h'Y?Vlnclally , Significant Wetlands X Identified by Ministry of Kings va y Natural College Resources Subject Lands y ( �W.s.H R,:Ar F 2.4 Subsequent to the Public Meeting, a site visit was held on July 13, 2015. Planning staff from Clarington and the Central Lake Ontario Conservation Authority attended the site with the applicant's planning and environmental consultants. Conservation Authority staff confirmed that there is no Provincially Significant Wetland on the subject lands, or impacting the development limit as depicted in the Environmental Impact Study. Municipality of Clarington Report PSD-043-15 Page 4 I Land Characteristics and Surrounding Uses Figure 2 — Key Map of Subject Property 0 z M 0 Propos6d,Driv"eway, c Pro osed Property to Existing be severed �O House --- _ House i Road Widening Existing Sheds Property to Proposed ---�;�_-' be retained House _-i i �Proposed'Driveway N 2©A 2015.0007 3.1 An abandoned residential dwelling is located on the property (Figure 3). 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. Mapping from the Ministry of Natural Resources indicates a portion of a Provincially Significant Wetland is located on the subject lands and continues to the east. Municipality of Clarington Report PSD-043-15 Page 6 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. The subject application will satisfy the objectives of the Growth Plan. 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. The proposed rezoning conforms to the Durham Regional Official Plan. 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. The proposed rezoning conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 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. Municipality of Clarington Report PSD-043-15 Page 5 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 Figure 3 — Existing Residential Dwelling on Property 7e - s" a 7 4. Provincial Policy 4.1 Provincial Policy Statement 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. The subject application is consistent with the Provincial Policy Statement. Municipality of Clarington Report PSD-043-15 Page 7 7. Summary of Background Studies 7.1 Environmental Impact Study, Niblett Environmental Associates Inc December 2014 The study identifies key natural heritage features including a significant valley and a woodland. Although Ministry of Natural Resource and Clarington Official Plan mapping indicate the presence of a Provincially Significant Wetland extending to this property, the study found only a sugar maple forest without any indication of a wetland on the subject lands. The outermost, or most restrictive buffer on the development envelope, is the 10 metre setback from the dripline of the mature trees above the top of bank. The study also provides recommendations to mitigate construction impacts. These recommendations would be implemented as part of the Land Division Agreement and monitored during the final approval stage. 7.2 Noise Impact Study, D.G. Biddle & Associates Limited March 2015 Noise mitigation measures are recommended as a result of traffic noise generated by Townline Road including the requirements for central air conditioning and upgraded building components. The recommendation will be implemented during the final approval of the land division application and at the building permit stage. 8. Public Submissions 8.1 During the public notice period, Staff were contacted by the neighbour to the south who has no objection to the development of 2 single detached dwellings. 8.2 At the Public Meeting held on June 22, 2015, no members of the public provided any verbal submissions on the application. 9. Agency Comments 9.1 Regional Planning and Economic Development Regional Planning has no objections to the proposed rezoning provided the recommendations of the Environmental Impact Study and Noise Impact Study are endorsed and implemented. Regional Works has jurisdiction over Townline Road and has no objections. They indicate that water, storm and sanitary services are available along Townline Road North. There are currently three sets of service connections to the site, including one to the existing dwelling. The applicant will be required to pay for the cost of the removal of one set of connections, and will be required to confirm whether the service connection to the existing dwelling will be reused or abandoned. Other comments have been provided to the applicant as part of LD 027-2015. Municipality of Clarington Report PSD-043-15 Page 8 Durham Region Transit and the Transportation Planning section indicate the rezoning does not present significant Regional transit or transportation impacts. 9.2 Central Lake Ontario Conservation Authority The Conservation Authority is satisfied that the natural heritage features and the natural hazards have been appropriately identified and mapped. The Conservation Authority requests that all hazard lands, natural features and buffers be zoned Environmental Protection and dedicated to the Municipality of Clarington. The Central Lake Conservation Authority will not support the creation of a new lot that fragments natural features or hazard lands. 9.3 Regional Health 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. 9.4 Other Agencies The City of Oshawa, Canada Post, Enbridge Gas, and Rogers have no objections to the rezoning. 10. Departmental Comments 10.1 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. 10.2 Emergency and Fire Services Emergency and Fire Services have reviewed the application and have no objection. 11 . Discussion 11.1 The applicant is requesting permission to rezone the subject property from "Agricultural (A)" to facilitate a severance and permit two single detached dwellings. Municipality of Clarington Report PSD-043-15 Page 10 11.3 Based on policies of the Clarington Official Plan, Council adopted parkland and open space by-law, and Municipal Land Acquisition Strategy, staff requested the open space lands be identified in a separate block to be dedicated to Clarington (the feature limit plus the 10 metre buffer to the dripline). The applicant has objected to this request and did not provide a reference plan identifying the Open Space Block as requested, but rather provided the plan shown in Figure 5. The reference plan proposes to create 2 lots being Part 2 and Part 4, while Parts 1 and 3 are the required road widenings to be dedicated to the Region. Part 4 includes all of the natural heritage features, hazards lands and buffers as the applicant prefers to keep all open space lands together with Part 4 in private ownership, versus placing them in a separate block and dedicating to the Municipality of Clarington. Staff recommend that the Zoning By-law Amendment proceed, however, Clarington Staff will request through the land division application that the reference plan be amended to place the open space lands in separate block to be dedicated, otherwise the land division will not be supported by staff. Also, staff recommends that the (H) Holding Symbol not be lifted until the lands are dedicated. Figure 5: Draft Reference Plan PLAN 40R nip°til .c.y n.w,T, 011 na ro+ra �`°E sC+t[cut[n IrII k. GF �:11 U IAIEY cF PART 2 UCH PART OF LOT 35. K. CONCESSION 3 OCT au.cr S fi c qr ',"TR ka'H Tpl Cr Lot Y' �RkN1 7tNl MUNICIPALITY OF CLARINGTON do �� ^t + FEGI_i`ixl.Vli^.I[11'AUT(1,'F D'.:kHAV �3 r:; i a.LL�a aLn Ofi v' 8� CE`� ~ PART 4 {+ R 4 LEGEE6 IT A.x . 4r>n i.,r kr Im 0..Ca.Lie.cL. IT Y p. �a G h NCI NOTESs METRIC t 7n°v rl.k+Pa lr Y.r �vs. �Jb Gp�u NTE RA 1 w rn. {Y� ,r�„r� SURVEYLY2'S CERi7E1CATE (x REARING NOTES �r`IVAN D.WAtI.AB„� ' ra en... r .•+ .nw. vr. M'artl < ...<I.,.n..iw.lN t.a, ' MIN30T W. t .... Municipality of Clarington Report PSD-043-15 Page 11 11.4 The attached Zoning By-law Amendment would place the developable lands in the Urban Residential Type One (R1) Zone while the balance of the lands being non- developable would be placed in the Environmental Protection (EP) Zone. The R1 zone would allow for the severance to proceed, provided the open space lands are placed in a block to be dedicated, and create a suitable building envelope for a single detached dwelling on each proposed lot. 11.5 Should the Zoning By-law Amendment be approved, Clarington Planning Staff can provide suitable conditions of approval for the concurrent Land Division application (LD 027/2015) that is currently before the Region of Durham Land Division Committee. 12. Concurrence — Not Applicable 13. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application to rezone the subject lands to permit the severance of a residential lot be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. w Submitted by: p Reviewed by. David J. Crome, MCI P, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Anne Taylor Scott, Planner II, 905-623-3379 ext. 2414 or ataylorscott @clarington.net Attachments: Attachment 1 — Proposed Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: Michael Fry, D.G. Biddle and Associates Limited 1351739 Ontario Limited Exequiel Gamboa Juanata & Maribel Pita Juanata ATS/CP/df Municipality of Clarington Report PSD-043-15 Page 9 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 and construction of two new dwellings. 11.2 The Environmental Impact Study and the Noise Impact Study were reviewed. Staff and agencies accept the findings of the submitted studies. The findings of the Environmental Impact Study were confirmed during the July 13th site visit. The Conservation Authority concurred with the applicant's environmental consultant that there is no Provincially Significant Wetland conditions present on the site. In fact, wetland areas may only be present in the vicinity of Harmony Creek, if at all, which is approximately 10-15 metres east of the property. While Ministry of Natural Resource Staff have not yet confirmed the revised limits of the Provincially Significant Wetland, Conservation Authority Staff are satisfied that the proposed development limit, being a minimum of 10 metres from the dripline is conservative and that once the wetland is re- evaluated, the development limit would not be impacted (Figure 4). Figure 4: Constraint Map from Environmental Impact Study yo o l r � l 71CL,HL VECGTA IOU COVVjNI7!S & CONSTRAINTS — RN:SxIhS yi ry fOm OIFI e — — Lat 35 L.r i iy Mun'cip,lPy Do, r a 5 Y a.upe.iy •� y�I N� t;.3 I NYIfrCV MI JI AS: INC n+blu4.u. l Attachment 1 to Municipality of Clarington Report PSD-043-15 Corporation of the Municipality of Clarington By-law 2015- 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 ZBA 2015-0007; 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 " Holding - Urban Residential Type One ((H)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 day of , 2015 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2015- , passed this day of , 2015 A.D. .,1. , yr /.y..•,/q Ti, Q •'�J;S•,°`arl.' ^r',A�i..°i 1�'ail I,1/\. 1. 1r �..•�.1 'ter+, 'Y ® Zoning Change From"A"To"(H)R1" Zoning Change From"A"To TIP" Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk e a ; g3" � E 4-AC-R°ate o 9 IRw /V 1 _ Courtice ZBA 2015.0007 SCHEDULE4