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HomeMy WebLinkAboutPSD-038-16 AddendumPlanning Services 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: October 24, 2016 Addendum to Report Number: PSD-038-16 File Number: ZBA 2016-0005 Resolution Number: By-law Number: Report Subject: Municipally-Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice Recommendations: 1.That Addendum to Report PSD-038-16 be received; 2.That the Zoning By-law Amendment be approved as contained in Attachment 2 of Addendum to Report PSD-038-16; 3.That the Durham Regional Planning and Economic Development Department be forwarded a copy of Addendum to Report PSD-038-16 and Council's decision; and 4.That all interested parties listed in Report PSD-038-16 and this Addendum Report PSD-038-16 and any delegations be advised of Council’s decision. Municipality of Clarington Addendum to Report PSD-038-16 Page 2 Report Overview This addendum report brings forward a recommended Zoning By-law for the subject portion of Tooley Road. Staff have made changes to the proposed By-law to address concerns expressed at the May 24, 2016 Council meeting. 1. Background 1.1 At the May 16, 2016 Planning and Development Committee meeting, staff brought forward a recommendation report for the municipally initiated zoning by-law amendment for Tooley Road. Three delegations addressed the Committee regarding this report. Committee approved the zoning amendment and added a special exception permitting a narrower 14.5 metre frontage for the southerly 14.8 metres of 3270 Tooley Road. 1.2 At the May 24, 2016 Council meeting, two additional delegations addressed Council. In addition, three correspondence items were received on this matter. Concerns were raised with respect to the proposed adjustments to the Environmental Protection (EP) Zone limits on the east side of Tooley Road. Ultimately, Council did not approve the by-law amendment and referred the matter back to staff to consult with Rob and Nora Blaauw (the Blaauw’s) and consider the correspondence items received. 2. Discussion 2.1 The proposed changes to the Zoning By-law implement the Council resolution from February 8, 2016 in response to comments from residents of Tooley Road to permit single detached dwellings on larger lots with greater setbacks. It also implements the 2016 Worden East Neighbourhood Design Plan by allowing for a medium density block near the future intersection of Tooley Road and Adelaide Avenue. As part of the rezoning of the subject area, the Environmental Protection exception zone limits would be adjusted to match the Natural Heritage System on Map C of the current Official Plan and the most recent information from Central Lake Ontario Conservation Authority (CLOCA). Kahraman Exception 2.2 In July, the Land Division Committee approved an application by Dan Kahraman at 3270 Tooley Road to create a 15.0 metre wide frontage, single detached dwelling lot and retain a 19.4 metre frontage lot with the existing dwelling. This severance negates the need to recognize a 14.8 metre frontage lot as originally considered by Committee. Municipality of Clarington Addendum to Report PSD-038-16 Page 3 Blaaw Property 2.3 Since the May 24, 2016 Council meeting, staff have met with the Blaaw’s and walked their property together with CLOCA staff to determine development limits for a potential severance. The Blaauw’s have an application before the Durham Land Division Committee to sever one lot. It was approved with conditions on October 17, 2016. We understand that the balance of their lands are under contract to a developer. Environmental Protection Zone 2.4 Staff have reviewed best practices used to provide flexibility in determining the limits of an Environmental Protection zone. The policies of the Clarington Official Plan require that an Environmental Impact Study, be submitted in support of a development application where a natural heritage feature has been identified by the Municipality, the Region, a Conservation Authority or the Province. The purpose of this policy is to refine development limits based on the policies and minimum buffers of the environmental feature(s) on the property. 2.5 Recognizing that this is an infill situation with existing lots and residences staff have examined how some flexibility could be provided. In order to provide more flexibility and minimize the need for future rezoning, the provisions of the Environmental Protection Zone exception have been drafted to allow the zone boundary to follow the recommendations of required studies or evaluation. This will continue to extend protection to identified natural heritage and hydrological features, where necessary, while recognizing that lands beyond the feature and buffer can be developed without the need for a zoning by-law amendment. Specifically, the proposed by-law states that: “The boundary of the EP-20 zone may be refined after consultation with the appropriate Conservation Authority”. 2.6 The scope of the study or evaluation will be determined based on the scale of the proposed development and proximity to and/or significance of the feature and the extent of the proposal. Where the proposed development is within or adjacent to a generally “undisturbed” portion of a natural heritage and/or hydrologically sensitive feature and includes, for example, the creation of new lots, the required study or evaluation may need to be conducted by a qualified person to the satisfaction of the Municipality. W here the proposed development is relatively minor (e.g. accessory building, swimming pool) the Municipality will contact CLOCA to arrange a site visit to determine the need and scope of the study and alternatively whether the impacts can be addressed in the field. 3. Concurrence Not Applicable Municipality of Clarington Addendum to Report PSD-038-16 Page 4 4. Conclusion While it is difficult to draw a precise line without detailed field information, the proposed approach provides for flexibility implementing the zoning of natural heritage and hydrologic features. Staff are proposing the attached by-law which addresses both the concerns of environmental protection and require reasonable development in an infill situation that may otherwise require rezoning. The proposed Zoning By-law for the Tooley Road area represents good planning and staff recommend that it be passed. 5. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: Mitch Morawetz, 905-623-3379 ext. 2411 or mmorawetz@clarington.net Attachments: Attachment 1 PSD 038-16 and Attachments Attachment 2 Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. CP/MM/df/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0005 Tooley Road\Staff Report\Addendum to PSD-038-16.docx Planning Services 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: May 16, 2016 Report Number: PSD-038-16 Resolution Number: File Number: ZBA 2016-0005 By-law Number: Report Subject: Municipally-Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice Recommendations: 1.That Report PSD-038-16 be received; 2.That the Zoning By-law Amendment be approved as contained in Attachment 1 of Report PSD-038-16; 3.That the Durham Regional Planning and Economic Development Department be forwarded a copy of Report PSD-038-16 and Council's decision; and 4.That all interested parties listed in Report PSD-038-16 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-038-16 Page 2 Report Overview The Municipality of Clarington is proposing to amend Zoning By-law 84-63 for lots fronting onto Tooley Road between Nash Road and McLean Road. The amendment would allow only single detached dwellings and require a minimum of 17 metres of frontage per lot. The amendment also proposes a minimum front yard setback of 7 metres for all new dwellings. Further, the amendment would zone the lands near the future intersection of Tooley Road and Adelaide Avenue to permit, in addition to single detached dwellings, linked townhouses on a development block of at least 1 hectare in size. 1. Proposed Rezoning 1.1. Proposal: The Municipality of Clarington is proposing to amend the Zoning By-law for lots fronting onto Tooley Road by allowing only single detached dwellings and requiring a minimum of 17 metres of frontage per lot. The amendment also requires a minimum front yard setback of 7 metres for all new dwellings. Furthermore, lands near the future intersection of Tooley Road and Adelaide Avenue would permit, in addition to single detached dwellings, linked townhouses on a development block of at least 1 hectare in size, subject to the typical development approval process. 1.2. Location: All properties with frontage on Tooley Road in Courtice from Nash Road to McLean Road (future extension of Adelaide Avenue) with the exception of the lands that were part of application ZBA 2015-0002 (by H&H Properties Inc.). 1.3. Within Built Boundary: Most of the properties fronting on the subject portion of Tooley Road are within the Built Boundary. The exception are those properties north of and including 3398 Tooley Road on the west side of the road only. 2. Background 2.1 In 2015, H & H Building Corp. submitted development applications for lands on the west side of Tooley Road. As a result of residents’ concerns with this development proposal and future development within the neighbourhood, staff undertook a review of the Worden East Neighbourhood Design Plan in 2015. Municipality of Clarington Report PSD-038-16 Page 3 2.2 The residents for the most part understand that development on Tooley Road is inevitable yet want to ensure that the character of their street is maintained. Protection of the natural environment, maintaining larger lots and allowing homes with greater setbacks from Tooley Road to maintain ‘green’ along the frontage rather than a ‘wall’ of garages and driveways were important to the residents. 2.3 At the Council meeting of February 8, 2016, Clarington Council approved a resolution that supported the revised Worden East Neighbourhood Design Plan and that authorized Staff to “initiate an amendment to the Zoning By-law to permit only single detached dwellings with greater lot frontages and setbacks in the Urban Residential Type One (R1) Zone, fronting on Tooley Road with the exception of the medium density area, which would be rezoned to an appropriate zone”. 3. Provincial Policy 3.1 Provincial Policy Statement The Provincial Policy Statement encourages planning authorities to create healthy liveable and safe communities by accommodating an appropriate range and mix of residential; employment; recreation, park and open space; and other uses to meet long term needs. The proposal is consistent with the Provincial Policy Statement, as it is consistent with healthy, livable and safe communities by accommodating an appropriate mix of residential dwelling types and is sensitive to the characteristics of the neighbourhood. 3.2 Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas such as the Courtice Urban Area. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. The subject area is mainly within the Built-up Area of the Growth Plan, with the exception of some of the medium density lands at the north end of the subject area. The Growth Plan includes policies to direct development to settlement areas, and provides direction for intensification targets within Built-up Areas. The proposal provides opportunities for intensification within an existing residential area and is consistent with the Growth Plan. 4. Official Plans 4.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as Living Areas and Major Open Space. Lands designated as Living Areas permit the Municipality of Clarington Report PSD-038-16 Page 4 development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed change is consistent with the Living Areas designation. Lands designated Major Open Space are to be conserved, which the proposed change will also accomplish. 4.2 Clarington Official Plan This neighbourhood is designated Urban Residential and Environmental Protection Area with a medium density symbol at the north end of the subject area on the west side of Tooley Road. The lands are within the Worden Neighbourhood, which has a population allocation of 3900 and a housing unit target of 1300, including 85 medium density units and 50 units for intensification. The Urban Residential designation allows a (low) density of 10 to 30 units per net hectare with the predominant form of housing being single and semi-detached dwellings. The area of the neighbourhood with the medium density symbol allows a density of 31 to 60 units per net hectare with the predominant form of housing being townhouses, low rise apartments and mixed use developments. Tooley Road is a collector road with a sidewalk planned on the west side of the road. The revised Worden East Neighbourhood Design Plan was approved February 11, 2016 in harmony with the Clarington Official Plan, as amended. 5. Zoning By-law Zoning By-law 84-63 zones the subject lands “Urban Residential Type One (R1)” Zone, which permits single detached dwellings on 15 metre (minimum) lots and semi-detached or linked dwellings on 18 metre (minimum) lots. The current front yard setback is 4.5 metres to the dwelling and 6 metres to the garage or carport. 6. Public Notice and Submissions 6.1 The Public Notice was given by mail to landowners within 120 metres of the subject lands in accordance with the Planning Act. The notice also advised of a Public Information Centre on April 12, 2016 at White Cliffe Terrace Retirement Residence in Courtice. 6.2 The Statutory Public Meeting was held on April 25, 2016, at the Planning and Development Committee meeting. Staff provided a presentation on the proposed zoning changes. No one spoke in support of or opposition to the proposal. Municipality of Clarington Report PSD-038-16 Page 5 6.3 Staff received numerous comments leading up to the Statutory Public Meeting. A number of individuals who live on Tooley Road have commented on the proposal. No additional comments have been received since the Statutory Public Meeting. 6.4 The comments received are summarized below: • Support for the proposed Zoning By-law changes; • Concern from some residents regarding moving the Environmental Protection zone boundary to match the current Environmental Protection Area designation in the Official Plan; • Concern with parking issues on Tooley Road; • More green space and trails are needed in the area • Keep the Environmental Study Area, identified on the Worden East Neighbourhood Design Plan, as green space; • Do not allow clear cutting of trees; • Potential for legal non-conforming issues. These comments were addressed in report PSD-029-16. 7. Agency Comments Comments are outstanding from Central Lake Ontario Conservation and the Region of Durham Planning Department. 8. Departmental Comments Clarington Engineering Services concerns have been addressed through the amendments to the Neighbourhood Design Plan. 9. Discussion 9.1 The proposed changes to the Zoning By-law implements the Council resolution in response to comments from residents of Tooley Road to permit single detached dwellings on larger lots with greater setbacks. As part of the rezoning of the subject area, the EP zone limits are being adjusted to match the Environmental Protection Area designation boundary as currently contained within the Clarington Official Plan. Further adjustments to this boundary will be necessary with the adoption of the updated Official Plan. 9.2 The proposed zoning changes do not affect the Environmental Study Area identified on the Worden East Neighbourhood Design Plan with the exception of the frontage of 3336 and 3362 Tooley Road, which is currently zoned R1 and would continue to be zoned for residential purposes the same way as the lands to the south. Corporation of the Municipality of Clarington By-law Number 2016-______ 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 2016-0005; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4 “SPECIAL EXCEPTIONS – URBAN RESIDENTIAL TYPE ONE (R1) ZONE” is hereby amended by adding thereto, the following new Special Exception Zone 12.4.95 as follows: “12.4.95 Urban Residential Exception (R1-95) Zone Notwithstanding the provisions of 12.1, 12.2 b., c., d.i) and f. those lands zoned “R1-95” on the Schedules to this By-law shall be subject to the following regulations: a.Permitted Uses i)A single detached dwelling ii)A home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. b.Lot Frontage (minimum) i)Interior 17 metres ii)Exterior 20 metres c.Yard Requirements (minimum) i)Front Yard 7.5 metres to private garage 7 metres to dwelling d.Lot Coverage (maximum) i) Dwelling 40 percent ii)Total of all buildings and structures 45 percent 2. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is hereby amended by adding thereto, the following new Special Exception zone 14.6.50 as follows: “14.6.50 Urban Residential Exception (R3-50) Zone Notwithstanding the provisions of 14.1, 14.2 and 14.3 those lands zoned “R3-50” on the Schedules to this By-law shall be subject to the following regulations: a. Permitted Uses: i) A single detached dwelling ii) A link townhouse dwelling iii) A home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. b. Regulations for Single Detached Dwelling i) Lot Frontage for single detached dwellings (minimum) a) Interior 17 metres b) Exterior 20 metres ii) Yard Requirements (minimum) a) Front Yard 7.5 metres to private garage; 7 metres to dwelling b) Interior Side Yard (i) With an attached garage 1.2 metres (ii) Without an attached garage 1.2 metres on one side, 4.5 metres on the other c) Exterior Side Yard 4.5 metres d) Rear Yard 7.5 metres iii) Lot Coverage (maximum) a) Dwelling 40 percent b) Total of all buildings and structures 45 percent iv) Dwelling Unit Area (minimum) a) 1 storey or split level 85 square metres b) 1 ½ or two storey 100 square metres v) Landscaped Open Space (minimum) 30 percent vi) Building Height (maximum) 10.5 metres c. Regulations for Link Townhouse Dwelling i) Lot Area (minimum) 1 hectare ii) Unit Requirements For the purpose of establishing regulations for each Link Townhouse Dwelling Unit, the following specific regulations shall apply as if each unit is located on a lot: a)Lot Area (minimum)180 square metres b)Lot Frontage (minimum) 6 metres c)Lot Coverage (maximum)50 percent d)Landscaped Open Space (minimum)30 percent e)Yard Requirements (minimum) (i)Front Yard (a)Garage or carport 6.0 metres (b)Dwelling 4.0 metres (c) Porch 2.0 metres (ii)Rear Yard 7.5 metres (iii)Side Yard 1.5 metres Nil where a building has a common wall with any building on an adjacent lot in the same zone f)Parking spaces shall not be located in the required yard between a public street and Link Townhouse Dwelling Unit. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Urban Residential Type One Exception (R1-) Zone"; "Urban Residential Type One (R1) Zone" to "Urban Residential Type Three Exception (R3-) Zone"; "Urban Residential Type One (R1) Zone" to "Environmental Protection (EP) Zone"; and “(Holding) Urban Residential Type One ((H)R1) Zone” to “Environmental Protection (EP) Zone” as illustrated on the attached Schedule ‘A’ hereto. Schedule ‘A’ attached hereto shall form part of this By-law. 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 ____________, 2016 ____________________________ Adrian Foster, Mayor ____________________________ C. Anne Greentree, Municipal Clerk Attachment 2 to Municipality of Clarington Addendum to Report PSD-038-16 Corporation of the Municipality of Clarington By-law Number 2016-______ 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 2016-0005; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4 “SPECIAL EXCEPTIONS – URBAN RESIDENTIAL TYPE ONE (R1) ZONE” is hereby amended by adding thereto, the following new Special Exception Zone 12.4.95 as follows: “12.4.95 Urban Residential Exception (R1-95) Zone Notwithstanding the provisions of 12.1, 12.2 b., c., d.i) and f. those lands zoned “R1- 95” on the Schedules to this By-law shall be subject to the following regulations: a. Permitted Uses i) A single detached dwelling ii) A home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. b. Lot Frontage (minimum) i) Interior 17 metres ii) Exterior 20 metres c. Yard Requirements (minimum) i) Front Yard 7.5 metres to private garage 7 metres to dwelling d. Lot Coverage (maximum) i) Dwelling 40 percent ii) Total of all buildings and structures 45 percent” 2. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 14.6.50 as follows: “14.6.50 Urban Residential Exception (R3-50) Zone Notwithstanding the provisions of 14.1, 14.2 and 14.3 those lands zoned “R3-50” on the Schedules to this By-law shall be subject to the following regulations: a. Permitted Uses: i) A single detached dwelling ii) A link townhouse dwelling iii) A home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. b. Regulations for Single Detached Dwelling i) Lot Frontage for single detached dwellings (minimum) a) Interior 17 metres b) Exterior 20 metres ii) Yard Requirements (minimum) a) Front Yard 7.5 metres to private garage 7 metres to dwelling b) Interior Side Yard (i) With an attached garage 1.2 metres (ii) Without an attached garage 1.2 metres on one side 4.5 metres on the other c) Exterior Side Yard 4.5 metres d) Rear Yard 7.5 metres iii) Lot Coverage (maximum) a) Dwelling 40 percent b) Total of all buildings and structures 45 percent iv) Dwelling Unit Area (minimum) a) 1 storey or split level 85 square metres b) 1 ½ or two storey 100 square metres v) Landscaped Open Space (minimum) 30 percent vi) Building Height (maximum) 10.5 metres c. Regulations for Link Townhouse Dwelling i) Lot Area (minimum) 1 hectare ii) Unit Requirements For the purpose of establishing regulations for each Link Townhouse Dwelling Unit, the following specific regulations shall apply as if each unit is located on a lot: a) Lot Area (minimum) 180 square metres b) Lot Frontage (minimum) 6 metres c) Lot Coverage (maximum) 50 percent d) Landscaped Open Space (minimum) 30 percent e) Yard Requirements (minimum) (i) Front Yard (a) Garage or carport 6.0 metres (b) Dwelling 4.0 metres (c) Porch 2.0 metres (ii) Rear Yard 7.5 metres (iii) Side Yard 1.5 metres, Nil where a building has a common wall with any building on an adjacent lot in the same zone. f) Parking spaces shall not be located in the required yard between a public street and Link Townhouse Dwelling Unit.” 3. Section 5.2 “Special Exceptions – Environmental Protection (EP) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 5.2.20 as follows: “5.2.20 Environmental Protection Exception (EP) Zone Notwithstanding Section 5.1, those lands zoned EP-20 on the Schedules to this By-law shall be subject to the following regulations: a. Permitted Uses: i) Conservation ii) Flood and erosion control works b. Zone Regulations: i) The boundary of the EP-20 zone may be refined without amendment to the Zoning By-law, after consultation with the appropriate Conservation Authority. ii) An Environmental Impact Study or Natural Heritage/ Hydrologic/ Geotechnical Evaluation may be required in order to determine the extent to which the boundary of the EP-20 zone can be refined in accordance with the Clarington Official Plan. iii) Where the EP-20 zone boundary is refined, lands determined to be developable within the boundary of the EP-20 zone shall be subject to the regulations of the adjacent zone.” 4. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Urban Residential Type One Exception (R1-95) Zone"; "Urban Residential Type One (R1) Zone" to "Urban Residential Type Three Exception (R3-50) Zone"; "Urban Residential Type One (R1) Zone" to "Environmental Protection Exception (EP-20) Zone"; and “(Holding) Urban Residential Type One ((H)R1) Zone” to “Environmental Protection (EP) Zone” as illustrated on the attached Schedule ‘A’ hereto. 5. Schedule ‘A’ attached hereto shall form part of this By-law. 6. 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 ____________, 2016 ____________________________ Adrian Foster, Mayor ____________________________ C. Anne Greentree, Municipal Clerk