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Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: December 5, 2016
Report Number: PSD-066-16
File Number: ZBA2016-0016
Resolution Number:
By-law Number:
Report Subject: Claret Investments Limited & 1361189 Ontario Limited - application to
amend the Zoning By-law to facilitate the creation of 15 single
detached lots on Harry Gay Drive, Courtice
Recommendations:
1.That Report PSD-066-16 be received;
2.That the proposed application for Rezoning ZBA2016-0016 continue to be processed
including the preparation of a subsequent report;
3.That staff consider the public comments received in the further processing of the Zoning
By-law Amendment application submitted by WDM Consultants to facilitate the creation
of 15 single detached lots; and
4.That all interested parties listed in Report PSD-066-16 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-066-16 Page 2
Report Overview
Staff is seeking the public`s input regarding a proposal by WDM Consultants on behalf of
Claret Investments Ltd. and 1361189 Ontario Ltd. to amend the Zoning By-law to rezone from
“Urban Residential Exception (R1-42)” to allow the creation of 12 single detached lots fronting
onto Harry Gay Drive as well as an open space block, 3 full and 3 partial single detached lots
for development with abutting lands to the east.
1. Application Details
1.1. Owner: Claret Investments Limited & 1361189 Ontario Limited
1.2. Applicant/Agent: William D. Manson, WDM Consultants
1.3. Proposal: Consultants on behalf of Claret Investments Ltd. and 1361189
Ontario Ltd. are proposing to amend the Zoning By-law to
rezone from “Urban Residential Exception (R1-42)” to allow
the creation of 15 full single detached lots and 3 partial single
detached lots (see Figure 1).
1.4. Area: 1.041 hectares (2.572 acres)
1.5. Location: East side of Harry Gay Drive, south of George Reynolds Drive
and north of Nash Road, Courtice
1.6. Roll Number: 18-17-010-090-19570
1.7. Within Built Boundary: No
2. Background
2.1. The proposal is to rezone Block 102 in Registered Plan 40M-2364. This block was draft
approved as part of a public elementary school site but the public school board has
decided it will not develop the site. The 2013 Hancock Neighbourhood Design Plan
Update eliminated the school block replacing it with residential development and this
application proposes to implement this change.
2.2 The proposal is generally consistent with the Hancock Neighbourhood Design Plan
approved in 2013, although the lotting pattern has been altered from what was in the Plan
(see Figure 2). The developer prefers to have 12 lots front on Harry Gay Drive and three
full and three partial lots front on a future road on abutting lands as opposed to what was
shown on the neighbourhood design plan where seven lots fronted on Harry Gay, eight
lots fronted on an internal street and three partial lots fronted on the future road in an
abutting draft approved subdivision. This represents the main difference between the
2013 neighbourhood design plan and the lotting of the proposed rezoning. The
developer would continue to be responsible for the construction of the road within his land
ownership regardless of whether or not the nearby lots fronted on said road.
Municipality of Clarington
Report PSD-066-16 Page 3
In addition, the developer has advised he has decided to proceed by consent to sever to
create all of his proposed lots. Staff believes that the plan of subdivision approval
process should be pursued. A number of meetings were held with the developer to
discuss this issue and staff identified the benefits of proceeding by plan of subdivision,
including reduced costs.
2.3 Reports submitted in support of the application are: Functional Servicing & Stormwater
Management Report, Scoped Environmental Impact Study, Environmental Site Screening
Investigation and Energy Efficiency and Sustainability Plan.
Figure 1: Draft Reference Plan for Future Land Divisions
Municipality of Clarington
Report PSD-066-16 Page 4
Figure 2: Relevant portion of the Hancock Neighbourhood Design Plan
3. Land Characteristics and Surrounding Uses
3.1 The subject property is flat and vacant except for the temporary storage of topsoil for
dressing lots and boulevards in the Plan 40M-2364 Subdivision (see Figure 3). South
and west of Block 102 are built-up portions of Registered Plan of Subdivision 40M-2364,
which are comprised of relatively new detached homes (see Figure 4).
Municipality of Clarington
Report PSD-066-16 Page 5
Figure 3: Looking southeast at Block 102
The surrounding uses are as follows:
North - Harry Gay Park
South - Existing Residential
East - Draft Approved Plan of Subdivision S-C-2009-0001 and an Open Space
Block
West - Harry Gay Drive and on its west side a bank of Existing Residential
Municipality of Clarington
Report PSD-066-16 Page 6
Figure 4: Dwelling South of Block 102 & Block 102 in Distance
4. Provincial Policy
4.1 Provincial Policy Statement
The proposed creation of 12 single detached lots fronting onto Harry Gay Drive and for
three full and three partial single detached lots fronting onto a future internal street in a
draft approved plan of subdivision to the east represents intensification within a
settlement area -Courtice Urban Area and utilization of existing services while
maintaining neighbourhood character. The proposal conforms to the Provincial Policy
Statement.
4.2 Provincial Growth Plan
The proposed creation of 12 single detached lots fronting onto Harry Gay Drive and for
three full and three partial single detached lots fronting onto a future internal street in a
draft approved plan of subdivision to the east, is part of intensification within a settlement
area and efficient use of land and existing services while maintaining neighbourhood
character. The proposal conforms to the Growth Plan.
5. Official Plans
5.1 Durham Region Official Plan
The Durham Region Official Plan designates the subject block Living Areas. The policies
of the Plan generally promote infill and intensification. The proposal conforms to the
Durham Regional Official Plan.
Municipality of Clarington
Report PSD-066-16 Page 7
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject block Urban Residential – Low
Density with the exception of the northeast corner which is designated Environmental
Protection Area. The proposal conforms to the Clarington Official Plan.
5.3 Clarington Official Plan as amended by Amendment 107
On November 1st, 2016 Council adopted Official Plan Amendment 107 which brought the
Clarington Official Plan into conformity with the Regional Official Plan and Provincial
Policies.
The subject block is designated Urban Residential – Low Density with the exception of
the northeast corner which is designated Environmental Protection Area.
6. Zoning By-law
The key matter is the Zoning By-law 84-63 which zones the subject block “Urban
Residential Exception (R1-42)”. This zone permits only public schools as defined in
Section 2 of the Zoning By-law. Since the proposal is for single detached residential
development with environmental protection for the northeast corner, this current rezoning
application became necessary.
7. Public Notice and Submissions
7.1 Public notice was mailed to each landowner within 120 metres of the subject property and
a public meeting sign was installed on the Harry Gay Drive frontage 19 days prior to the
Public Meeting.
7.2 The neighbouring developer/landowner to the east has phoned and emailed staff to
articulate his objections to the proposal as follows:
He believes, the intention of the neighbourhood design plan and the basis on which
the subdivision plan to the east was draft approved was that services would be
extended to the subdivision to the east through the subject lands of the proposal.
He also believes it is clear the intention of the proposed lotting is to leave the
proposed right of way (internal street) unserviced forcing the neighbouring
developer to install the right-of-way services. He finds this unacceptable.
The Municipality has a policy, he understood, to orient house lots north-south,
where possible, for environmental reasons, hence the 2013 neighbourhood design
plan layout.
8. Agency Comments
8.1 The Public School Board had no objection but asked that consideration be given to
sidewalk connections and pedestrian routes for safe access for students attending the
Board’s nearby schools.
Municipality of Clarington
Report PSD-066-16 Page 8
8.2 Canada Post has no objection but notes one community mailbox site is needed.
Requirements were requested for inclusion in the future development agreement which
will be the land division development agreement in this case.
8.3 Enbridge and Rogers have no objection.
8.4 The Regional Planning, Works, Police Service and Transit Departments, Central Lake
Ontario Conservation Authority, Hydro One Networks Inc., Bell Canada, Separate School
Board and the two French Language School Boards have not replied yet.
9. Departmental Comments
9.1 Operations has no concerns, and Emergency and Fire Services has no fire safety
concerns.
9.2 Engineering Services notes that prior to final approval of the development the
Department will have to be satisfied regarding grading, servicing, and stormwater
management. The Functional Servicing and Stormwater Management Report and the
On-street Parking Plan are acceptable for rezoning purposes. Actual development of any
portion of the subject lands will require the owner enter into a development agreement for
the entirety of the subject lands and any decision regarding the extent of works deemed
necessary to facilitate actual development on the subject lands will be determined solely
by the Director of Engineering Services.
10. Discussion
10.1 The proposal is generally consistent with the Hancock Neighbourhood Design Plan,
approved in 2013, with the lotting pattern having been altered from what was in the Plan
as described in Section 2.2 of this report.
10.2 Should the lotting be approved as proposed, the Municipality will require the developer to
continue to be responsible for the construction of the road and services on the subject
lands. The orientation of the nearby lots and where they derive their servicing will not
change this fact. Even if the proposal proceeds by consent to sever (land division) a land
division development agreement will be prepared to enforce the above financial
obligation.
11. Concurrence
Not Applicable
12. Conclusion
The purpose of this report is to provide background information on the rezoning proposal
submitted by William D. Manson of WDM Consultants for the Public Meeting under the
Planning Act. Staff will continue processing the application including the preparation of a
subsequent report upon resolution of the identified issues.
Municipality of Clarington
Report PSD-066-16 Page 9
13. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO
Director of Planning Services Interim CAO
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell@clarington.net
The following is a list of the interested parties to be notified of Council’s decision:
Bill Manson
Andy Andersen
Sami El-Hajjeh
BR/CP/df;tg
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