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HomeMy WebLinkAboutPSD-059-15 Clarinsqon 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: Planning and Development Committee Date of Meeting: December 7, 2015 Report Number: PSD-059-15 �� File Number: ZBA2015-0001 and ZBA2015-0017 By-law Number: Report Subject: Rezoning applications to permit 5 single detached dwellings and 1 linked dwelling on Holyrod Drive in Courtice Recommendations: 1. That Report PSD-059-15 be received; 2. That the proposed applications to amend Zoning By-law 84-63 by H & H Building Corporation (Valleymore Land Corp.) and LDB Holdings Ltd. continue to be processed including the preparation of a subsequent report, and 3. That all interested parties listed in Report PSD-059-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-059-15 Page 2 Report Overview D.G. Biddle and Associates, on behalf of H & H Building Corporation (Valleymore Land Corp.) and LDB Holdings Ltd., have submitted separate applications to amend Zoning By-law 84-63 to permit 5 single detached and 1 linked dwelling urban residential units on Holyrod Drive in Courtice. This report provides background information on the two proposals for the statutory public meeting and summarizes comments received from external agencies and internal departments. 1 . Application Details 1.1. Owner/Applicant Application ZBA2015-0001 - H & H Building Corporation (Valleymore Land Corp.). Application ZBA2015-0017 - LDB Holdings Ltd. 1.2. Agent D.G. Biddle & Associates Ltd. (both applications). 1.3. Proposal Application ZBA2015-0001 proposes to rezone the western portion of 3359 Courtice Road to permit 3 single detached dwellings and 1 linked dwelling fronting onto Holyrod Drive. Linked dwellings were formerly referred to as semi-detached dwellings in Zoning By-law 84-63; however, as per the recent amendment semi-detached dwellings are defined separately from linked dwellings. Application ZBA2015-0017 proposes to rezone a portion of 3325 Courtice Road to permit two new single detached dwellings fronting onto Holyrod Drive. 1.4. Area Application ZBA2015-0001 (3359 Courtice Road) is 1.01 hectare (2.5 acres) Application ZBA2015-0017 (3325 Courtice Road) is 1.23 hectare (3.03 acres) 1.5. Location 3359 and 3325 Courtice Road, Part Lot 28, Concession 3, former Township of Darlington. 2. Background The subject lands are within the Hancock Neighbourhood Design Plan that was revised and supported by Council in April 2013. The two phases of the subdivision, known as Courtice North, which are north and east of the subject lands were approved in 2013 and 2014. The subject lands were not owned by the developer of the subdivision when it was approved; however, the Hancock Neighbourhood Design Plan indicated future lots on the subject lands fronting onto the road, now known as Holyrod Drive (see Figure 1). Block Municipality of Clarington Report PSD-059-15 Page 3 81 was created in Plan 40M-2496, which is a narrow strip on the west side of Holyrod Drive in anticipation of creating the future lots. When the services and the roads for Courtice North were being constructed the proposed lots had services installed in anticipation of the future severances and to prevent Holyrod Drive from having to be dug up and reconstructed. During the design of the subdivision an area was also identified for overland flow to ensure proper management of stormwater for the subdivision. This overland flow area is identified between two of the proposed lots on 3359 Courtice Road. The first portion of this overland flow area was identified and convey to the Municipality when Block 81 was proposed and the subdivision was registered. The remainder of the overland flow lands will be required to be conveyed to the Municipality after it is constructed by the applicants. (See Figure 2) The subject lots are adjacent to environmentally sensitive lands, Special Policy Area 7 in the Official Plan. In 2014, the applicants met with staff to discuss moving forward with the proposed lots. At that time it was identified that an Environmental Impact Study would be required to determine the limits of the natural features, buffer area to the features and the area of the proposed lots. HOLYROD DRIVE - - - 11 C9 ■ z z ■ J ■ R ° ■ ELMER ADAMS DR F U a O LU Q ° o ■ Proposed Lots ELMER ADAMS DR ELMER ADAMS DR °° L ; ■ J ■ ° ° Green Space - Special o i Study T -- Area 7 - Servicing Corridor Ui 0 o ✓ (Pedestrian Trail) ° Green Space - LL ■ ■ ■ GEORGE REYNOLDS DR ■ FutureRoad _- - ■�..-. -18A 2015-0041- ZBA2015-0017 i Figure 1: Proposed lots in Hancock Neighbourhood Plan Municipality of Clarington Report PSD-059-15 Page 4 I N � w - 0 _ ELMER ADAMS DR 5 u O LEI = O tt o i I a u U a -- ELMFR ADAh1S OR ELMER ADAMS DR ZBA 2015-0001 Proposed Lots o O 3359 Overland Flow 4 Block 81 Plan 40M-2496 — -- — I ZBA 2015-0017 Proposed Lots Tributary ---— 3325 30m l.. N q_ c Woodlot Edge y l 34 l u PSW as identified in EIS r <- zcniolsucu I ,: /. 7 - 7 .r. ✓ 11. 7 - G Figure 2: Map of subject lands and proposed lots In the summer of 2015 the applicants submitted applications to Durham Region Land Division Committee for the proposed severances. The applications were tabled until complete zoning by-law amendment applications were received and the Environmental Impact Study was reviewed by the Central Lake Ontario Conservation Authority and municipal staff. Complete rezoning applications were received at the end of October 2015. On November 16, 2015 the Durham Region Land Division Committee conditionally approved the land severance applications associated with application ZBA2015-0001 , 3359 Courtice road. Staff indicated a number of conditions that would need to be met prior to final approval of the land division applications, including approval of the rezoning of the lands. The land severances for application ZBA2015-0017 are still tabled and waiting to be brought back before the Land Division Committee. Municipality of Clarington Report PSD-059-15 Page 5 3. Land Characteristics and Surrounding Uses The subject lands are located on the west side of the southern end of Holyrod Drive in the Courtice North subdivision. Holyrod Drive has been constructed and services installed for the proposed lots on the subject lands when the services were installed within registered subdivision plan 40M-2496, Phase 1 a of the Courtice North subdivision. The Courtice North subdivision is currently being developed with majority of the homes being completed or under construction. 1 Figure 3: Aerial Photo of Subject Lands (2014) c 1 'T.6 I r. Figure 4: West side of Holyrod Drive where the proposed lots will be located. Municipality of Clarington Report PSD-059-15 Page 6 The surrounding uses are as follow: North: Urban Residential — single detached dwellings South: Environmental Protection lands East: Environmental Protection lands identified as Special Policy Area 7 West: Urban Residential — currently vacant 4. Provincial Policy 4.1. Provincial Policy Statements The Provincial Policy Statement 2014 identifies "Settlement Areas" as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Furthermore, planning authorities shall promote opportunities for intensification where this can be accommodated taking into account the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. The Provincial Policy Statement 2014 states that natural features and areas shall be protected for the long term and the diversity and connectivity of natural features, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Development in and around these features is not permitted unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The application is consistent with the Provincial Policy Statements. 4.2. Provincial Growth Plan The Growth Plan for the Greater Golden Horseshoe, 2006 contains guiding principles to optimize the use of existing and new infrastructure to support growth in a compact, efficient form. The Growth Plan also provides direction for the Municipality to manage growth by directing development to settlement areas, preferably through the intensification of existing lands, and that a minimum of 40% of all residential development occurring annually within each upper-tier municipality be within the "Built-up Area". The subject lands are located within the provincially defined "Built Boundary" where intensification and efficient utilization of existing infrastructure is encouraged. Natural heritage systems and natural features are to be identified by municipalities and protected for the long term. The application is consistent with the Provincial Growth Plan. Municipality of Clarington Report PSD-059-15 Page 7 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 that will be developed in a cost-effective and efficient manner and create a living environment that is safe and in harmony with nature. The proposed application utilizes existing infrastructure efficiently. This proposal conforms with the Durham Regional Official Plan. 5.2. Clarington Official Plan The Clarington Official Plan designates the subject lands Urban Residential — Low Density and Special Policy Area 7. The lands are located within the Hancock Neighbourhood Design Plan. Special Policy Area 7 is the location of a tributary to the Black Creek, known as the Macourtice Tributary. This tributary is considered indirect fish habitat, lies adjacent to a part of the Provincially Significant Wetland and forms part of the hydrological function of the neighbourhood. The Official Plan indicates that the exact alignment of this tributary may be the subject of further studies to identify natural features and appropriate buffers from these features. Subject to additional study lands identified as "Environmental Protection Area" within Special Study Area No. 7 may be developed for residential uses subject to the study defining feature limits and appropriate buffers. The portion of the lands currently subject to the rezoning applications are consistent with the lots shown in the Hancock Neighbourhood Design Plan that was approved by Council. The applicants have submitted an Environmental Impact Study identifying the Macourtice tributary and the Provincially Significant Wetland in Special Policy Area 7. This application conforms to the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands as Agricultural (A) and Environmental Protection (EP). The Agricultural zone permits rural development including single detached dwellings on large lots. The Environmental Protection zone does not permit development for residential purposes. Block 81 of Plan 40M-2496, which abuts Holyrod Drive for 3 of the proposed single detached dwellings and the linked dwelling, is zoned "Holding — Urban Residential Exception ((H)R2-78)" which permits single detached dwellings with a minimum 12 metre frontage. The proposed Zoning By-law amendment would allow for 5 single detached dwellings with a minimum lot frontage of 12 metres and 1 linked dwelling with a minimum lot frontage of 18 metres, matching majority of the lots in the subdivision surrounding the subject lands. Municipality of Clarington Report PSD-059-15 Page 8 7. Summary of Background Studies 7.1. Environmental Impact Study The applicants submitted an Environmental Impact Statement that was scoped to look specifically at the creation of lots with a depth of 43 metres on the west side of Holyrod Drive. The scoped Environmental Impact Study was undertaken to provide a description and evaluation of the existing natural environment conditions, to screen for species at risk and rare spices, identify potential environmental impacts and to recommend mitigation measures to protect, restore and enhance the natural environment. The study concluded the proposed lots maintained a greater than 30 metre setback from the Macourtice tributary and the Provincially Significant Wetland to the south of the proposed development. Also, no wetland indicator species or features were observed in the area of the proposed development. Several plant species listed as rare or uncommon in Durham Region and the Greater Toronto Area were observed on the subject lands. Several individual plants were salvaged and re-planted in a suitable location not far from the subject lands. After the field work for the study was completed the applicants indicated that they would like to increase the proposed lot depths to 47 metres. The study concludes that this would not negatively impact the environmental features in the area; however, it recommends additional screening and possible transplanting for rare and uncommon plant species be conducted prior to any development of the lands. The study also indicates the applicants proposed the following mitigation measures: - All roof leaders are to be directed towards grade to allow infiltration: and - 300 mm of topsoil is proposed to be placed in the rear yards to promote infiltration before runoff is directed to the Macourtice tributary. 8. Public Notice and Submissions Public notice was given by mail to each landowner within 120 metres of the subject lands. The public notices for these applications were mailed on November 10, 2015 and the appropriate signage outlining the applications was installed on the subject lands along Holyrod Drive and Courtice road on November 13, 2015. The public notice indicated 5 single detached and 1 semi-detached dwelling. As stated earlier in this report the correct definition would no longer be semi-detached dwelling, as indicated on the public notice, instead linked dwelling would be accurate after the recent addition of the linked dwelling definition to the Zoning By-law by the general amendment passed by Council. At the writing of this report, staff have received four inquiries regarding this application. Municipality of Clarington Report PSD-059-15 Page 9 - One resident requested further information on the proposed application and had questions regarding the environmentally protected area on the south side of Holyrod Drive. - One adjacent resident had concerns over the depth of the lots. They were told when purchasing their house that the lots would be similar to the existing subdivision lots and would not completely back onto their backyard. - One resident asked for clarification on whether the proposed semi-detached dwelling would be a linked dwelling like the remainder of the subdivision and had questions regarding the environmentally protected area on the south side of Holyrod Drive. - One adjacent resident was opposed to semi-detached dwellings being built and not being told about the development until after they had purchased their house. They were also concerned with the loss of wildlife habitat and the rate at which Courtice was growing and developing. 9. Agency Comments 9.1. Kawartha Pine Ridge District School Board The Kawartha Pine Ridge District School Board have no objections to the creation of the proposed lots under the application. It was noted that any students generated by the proposed dwellings would attend Courtice North Public School (JK-8) and Courtice Secondary School (9-12). 9.2. Central Lake Ontario Conservation Authority Central Lake Ontario Conservation Authority comments remain outstanding at this time. 9.3 Region of Durham Comments from the Region of Durham remain outstanding at this time. 10. Departmental Comments 10.1.Emergency and Fire Services Emergency & Fire Services have reviewed the application and advised that they have no objections or concerns with the application. 10.2. Engineering Services Engineering Services has reviewed the application and has no objections in principle. Engineering Services has provided a number of conditions that must be met as part of the Land Division applications. 11 . Discussion The applicants are proposing to amend Zoning By-law 84-63 to permit the creation of 5 single detached dwellings and 1 linked dwelling by rezoning the subject lands from Agricultural to appropriate Urban Residential zones. Municipality of Clarington Report PSD-059-15 Page 10 The proposed Zoning By-law Amendment conforms with all applicable Provincial policy and the policies of both the Durham Region Official Plan and the Clarington Official Plan. The proposed lots were generally identified when the Hancock Neighbourhood Design Plan was updated and approved by Council in 2013. The services for the proposed lots were installed in 2014 at the same time as the services for the subdivision to the north, which is continuing to develop. The scoped Environmental Impact Study, reviewed by Central Lake Ontario Conservation Authority staff and municipal staff, concluded that there would be no negative environmental impacts as a result of the proposed development. A portion of the lands to be developed have had a significant amount of soil stored on them during the construction of the surrounding subdivision. The study identified the requirement for further site screening for the potential to salvage and replant rare and uncommon plants prior to any development occurring. A letter from the consultants of the study confirming that the follow-up site screening has occurred and that any rare or uncommon plants have been salvaged and replanted will be required as a condition of the consents. The lands located at 3359 Courtice Road would be required to be added to Block 81 in Plan 40M-2496 to create the proposed lots fronting onto the west side of Holyrod Drive. Once the land division conditions are met, including the rezoning, Block 81 would then need to go through Part Lot Control to divide it into the appropriate widths for each lot. The southern 2 lots on 3325 Courtice Road already have frontage on the west side of Holyrod Drive. The lots were generally identified in 2013 when the Hancock Neighbourhood Design Plan was revised and approved by Council. The scoped Environmental Impact Study submitted by the applicants provides more detail on the exact limits of the lots in relation to the environmentally significant areas to the west and south. No departments or agencies have any objection to the applications. 12. Concurrence Not Applicable 13. Conclusion The purpose of this report is to provide background information on the H & H Building Corporation (Valleymore Land Corp.) and LDB Holdings Ltd. applications for the statutory public meeting under the Planning Act. Staff will continue processing the application and provide a subsequent recommendation report upon receipt of outstanding comments. 14. Strategic Plan Application Not applicable Municipality of Clarington Report PSD-059-15 Page 11 Submitted by: f Reviewed by: g-, Vi Crom`6, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler @clarington.net The following is a list of the interested parties to be notified of Council's decision: Michael Fry, D.G. Biddle & Associates Hannu Halminen, H & H Building Corporation (Valleymore Land Corp.) Derek Baird, LDB Holdings Ltd. Christine Allenby Ronald Olsen James Finnigan Laura Gallagher DJC/BW/sg/av/jp