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HomeMy WebLinkAboutPD-8-99 .. _-" ON: PO--8-99 ~. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Date: Monday, January 18, 1999 File # Dncr .c.of'4. 9'!? ocx:::, Res. #C'"")'?A' ~ - c; CJ . Meeting: General Purpose and Administration Committee Report #: PD-8-99 File #: COPA 98-006 & DEV 98-067 By-law # Subject: CLARINGTON OFFICIAL PLAN AMENDMENT & REZONING APPLICATION APPLICANT: DAVE PASSANT ON BEHALF OF JOHN & GERALDINE FIALKA PART LOT 9, CONCESSION 4, FORMER TOWNSHIP OF CLARKE 4504 AND 4460 REGIONAL ROAD 18 FILE NO'S: COPA 98-006 AND DEV 98-067 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-8 -99 be received; 2. THAT the applications filed by Dave Passant, on behalf of John and Geraldine Fialka, to amend the Clarington Official Plan and the Zoning By-law be referred back to Staff for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Dave Passant 1.2 Owners: John and Geraldine Fialka 1.3 Official Plan Amendment: To amend the Clarington Official Plan by firstly adding a new section "23.14 Exceptions" and secondly by adding a new subsection 23.14.1 which would permit the construction of a single detached dwelling and related accessory buildings on each of the two existing lots (Attachment No.1) 601 , . !!. REPORT PD-8-99 PAGE 2 1.4 Zoning Amendment: To rezone each of the two existing 4 hectare (10 acres) parcels to an appropriate zone to permit the construction of a single detached dwelling unit and related accessory buildings. 1.5 Land Area: 8 hectares (20 acres) (see Attachment No.2) LOCATION 2. 2.1 2.2 Legal Description: Municipal Address: Part Lot 9, Concession 4, former Township of Clarke North lot 4504 Regional Road 18 South lot 4460 Regional Road 18 LAND USES 3. 3.1 3.2 Existing Uses: Surrounding Uses: woodlot North - South - East West - large lot residential large lot residential woodlot woodlot 4. BACKGROUND 4.1 On November 24, 1998, the applicant filed applications to amend the Clarington Official Plan and the former Town of Newcastle Comprehensive Zoning By-law in order to permit the lots to be sold as building lots for single detached dwelling units. The north lot is owned by Geraldine Fialka and the south lot is owned by John Fialka. 5. PUBLIC NOTICE 5.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice was given as follows: . The appropriate signage acknowledging the Public Meeting was installed on the subject property; and 6U2 , REPORT PD-8-99 PAGE 3 . Written notice was circulated to all assessed property owners within a 120 metre radius of the property. 5.2 As of the writing of this report, no verbal or written inquiries have been received on the proposal. 6. OFFICIAL PLAN POLICIES 6.1 Durham Region Official Plan The Durham Region Official Plan designates this property as Major Open Space with indications of Environmentally Sensitive Areas. Limited residential development is permitted within the Major Open Space designation. Environmentally Sensitive Areas shall be given paramount consideration in light of their ecological functions and scientific and educational values. Development must have regard for the cumulative impact on the environment, ground and surface water resources, the maintenance of connected natural systems, and the fmpacts on environmental features and functions. 6.2 Clarington Official Plan The Clarington Official Plan designates this property as Green Space and Environment Protection. The south lot is entirely within the Environmental Protection designation. The north lot has a small triangle of the Green Space designation in the northeast corner of the property. The balance of the lot is designated Environmental Protection. Limited residential development is permitted in the Green Space designation. The Environmental Protection areas are recognized as the most significant components of the natural envi ronment. These areas are to be preserved and protected from the effects of human activity. The extent of the Environmental Protection Area is depicted in the Official Plan as approximate only. Precise limits are to be detailed through the review of development applications. 6u3 , REPORT PD-8-99 PAGE 4 The Natural Features Map C of the Official Plan indicates that these lots contain Hazard Lands. The property also is located within the Lake Iroquois Beach and is entirely within the Graham Creek Heatwaters Wetland Complex. Although the Graham Creek Headwaters Wetland Complex, and tableland woodlots in the area, are not identified on Map C, the policies of the Official Plan apply to any significant natural feature which is known to exist but which has not been identified. Section 4.3.8 requires that an Environmental Impact Study (EIS) be undertaken for development applications located within or adjacent to any natural feature. 7. ZONING BY-LAW 7.1 The north lot is zoned "Agricultural Exception (A-1)" and "Environmental Protection (EP)", with the A-l zone being located in the northeast corner of the property. The south lot is entirely zoned "EP" (Attachment No.3). The "A-l" zone permits the construction of a single detached dwelling unit. The "EP" zone does not permit the construction of any buildings or structures and all development must be set back a minimum of 3 metres from the "EP" zone boundary. 8. AGENCY COMMENTS 8.1 A request for comments on both applications was circulated to the applicable departments and agencies. 8.2 As of the writing of this report, comments remain outstanding from the Region of Durham Planning Department and Works Department, and the Ganaraska Region Conservation Authority. 8.3 The Region of Durham Health Department and the Clarington Fire Department had no objection to either application. 604 REPORT PD-8-99 PAGE 5 8.4 The Clarington Public Works Department requested that the applicant submit a preliminary grading plan and provide a cash contribution in lieu of parkland dedication. The Public Works Department noted that the Region of Durham Works Department might require a road widening. This can not be confirmed until comments are received from Regional Works directly. 9. STAFF COMMENTS 9.1 As previously noted, an EIS is requi red before either of these lots can be approved for residential use. The EIS will determine whether a suitable building envelope would be available for residential use without impacting the integrity and function of the natural feature. If approved, the Official Plan Amendment will identify the two lots in Section 23 as permitting residential use. Map A will continue to show their land use designations as Green Space and Environmental Protection. The zoning amendment, if approved, will indicate the limits of the lands that are available for development. The applicant has been informed of the requirement for an EIS and has agreed to fund the Study as per municipal requirements. The study will address the impact of development of these two lots in regards to: . the removal of vegetation, . the potential for contamination of groundwater from sewage disposal system; . the placement of fill to facilitate the construction of buildings and the installation and operation of a private sewage disposal system; . the hydrogeological function, specifically, infiltration of precipitation, groundwater and surface water flow from the front of the site towards the creek; and . the creation of new or the aggravation of existing hazardous conditions. The terms of reference for the Study have been forwarded to various consultants for bidding responses. Staff will select the appropriate consultant once all replies have been received. 6U5 " REPORT PD-8-99 PAGE 6 10. CONCLUSION 10.1 The purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act as well as to provide the status of the applications. As various agency comments are still pending, and the EIS has not been prepared to date, this application should be referred back to Staff for further processing and the preparation of a subsequent report. 10.2 As required under the Planning Act, a copy of the proposed Official Plan Amendment is . attached to this report for the purpose of the Public Meeting. Respectfully submitted, Reviewed by, c\ r ~-=10lc Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer Davi . Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development Il * DjC*cc January 7, 1999 Attachment No. 1 Attachment No.2 Attachment No.3 Proposed Official Plan Amendment Key Map Existing Zoning Map for Fialka lands Interested parties to be notified of Council and Committee's decision: John & Geraldine Fialka 291 Thornton Road Oshawa, Ontario l1J 6T2 Dave Passant Remax Cornerstone 104 King Street East Bowmanville, Ontario L1 C 1 NS 6U6 " ATTACHMENT NO.1 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The Amend the Clarington Official Plan to permit, as an exception, the residential use of two existing lots designated "Environmental Protection Area" and identified as "Hazard lands" on Map C. BASIS: The Amendment is based upon applications for an official plan amendment and a zoning amendment filed by Dave Passant on behalf of John and Geraldine Fialka. File No.s COPA 98-006 and DEV 98- 067. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By adding a new section "23.14 Exceptions" 2. By adding the following new subsection: "23.14.1 Notwithstanding Section 4.8 and Section 14.4, the construction of a single detached dwelling and related accessory buildings shall be permitted on each of the properties identified by roll numbers 030-080-102-65 and 030-080-102-25 in Part lot 9, Concession 4, former Township of Clarke. The developable area shall be defined in the implementing Zoning By-law." IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provision set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. bu7 ATTACHMENT NO.2 ., SUBJECT SITE LOT 10 LOT 9 LOT 8 LOT 7 I I I I I I ---- LI I ' , I j 15 I I I I I I I I I I I I I I I I I IX) I I ...... I I ~ c I I ~ I I C c::: I I Z ~ -I I II 0 c::: I I - Z I I en c 0 I I en jjj " I W w c::: c::: I () ::i: I Z <( I 0 :r: I () c::: I :J I C I I I I I I I II I I I I I I II I I I I I CONCESSION ROAD 4 I CLARKE DEV.98-067 ! KEY MAP COPA 98-006 buS . ATTACHMENT NO.3 --, I LOT 9 CONCESSION 4 o o . ;; 3 - 0 S 0 - 10 Z - 20 9 9g lie, PART 10 ...... .......... ....... :t~{:r~:~:~:~;~;;:~:~:~:~:r;:~:;:i;;:;:;:~:;:;:~:;;;:; CO '.:;:::::::;:::;:::::::;:;:::::::::::;:;:;:::;:;:;:::::;:::::: ...;;:;:;=::;:::::::::;:::;:;:::::;:;:::::::::::::::;:::: ~ ,.....':r:::j.:jj. 0 ....:::::::::;:;:;:... <( o c: ....J <( Z o - C) UJ c: 8 ;. ;; PART 13 ? - ,) S ( /0 Z .70 /0.0/ /fe. 1:175.50 ~ LANDS ZONED" EP .. 1:1..1:,:1 LANDS ZONED" A-1 .. DEV. 98-067 , COPA 98-006 Du9 . . .. ;; 8 !:: "