HomeMy WebLinkAboutPSD-043-18Clarftwn
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: May 14, 2018
Report Number: PSD -043-18 Resolution Number: PD -092-18
File Number: ZBA2017-0035 By-law Number: 2018-050
Report Subject: An Application by Fourteen Estates Limited to rezone a 0.48 ha
parcel to restrict the use of lands for open space purposes to allow
for nitrate dilution to permit an additional two residential lots in
Hampton
Recommendations:
That Report PSD -043-18 be received;
2. That the application to amend the Zoning By-law submitted by Fourteen Estates Limited
be approved and that the Zoning By-law Amendment contained in Attachment 1 to Report
PSD -043-18 be passed;
3. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD -043-18 and Council's
decision; and
4. That all interested parties listed in Report PSD -043-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -043-18
Report Overview
Page 2
This report recommends that Council approve a proposed Zoning By-law Amendment to zone
the subject lands to a Special Environmental Protection Exception Zone. The purpose of the
By -Law amendment is to restrict the use of lands for open space purposes and for dilution of
nitrates from the septic systems of 11 residential lots on lands fronting on Ormiston Street in
Hampton. The additional nitrate dilution area allows two additional lots to the nine lots that are
currently permitted.
1. Application Details
1.1. Owner/Applicant: Fourteen Estates Limited
1.2. Agent: Carolyn Molinari — CM Planning Inc.
1.3. Proposal: Amend Zoning By-law 84-63 from "Agricultural Exception (A-1)"
and "Environmental Protection (EP)" to a Special Environmental
Protection Exception zone to restrict the use of lands for open
space purposes and for dilution of nitrates to allow the creation
of two additional building lots for single detached dwellings.
1.4. Area: 0.48 hectares
1.5. Location: Part Lot 17, Concession 5, former Township of Darlington
1.6. Roll Number: 1817-010-120-09822 and 1817-010-120-09700
1.7. Within Built Boundary: No
2. Background
2.1. The proposal is to rezone 0.48 hectares of land to a special Environmental Protection
Exception Zone to restrict the use of lands for open space uses for the dilution of
nitrates from nearby residential development. The approval of this rezoning application
would permit an additional two residential lots fronting onto Ormiston Street in Hampton.
Municipality of Clarington
Report PSD -043-18
O Nitrate Dilution Area
stormwater overland Flow Area
Previously Severed Lots Potential
LD 055-2014 Proposed New Lot Hamlet
0 LD 056-2014 Proposed New Lot Boundary
\ �\h
Xpa , slon
v'
Subject Site
� I
I
I
I I
I I
I I
I �
7�;.�-
7� I
l
O� ti
7. 201 -0035
Figure 1: Proposal including Lands for Potential Future Development
Page 3
2.2. At the public meeting in February, members of Council requested copies the
hydrogeological reports related to the application. Hydrogeological reports for these
lands go back to 2001 which included the initial application to create lots on the north
side of Ormiston Street. There are 15 reports in total done by different hydrogeologists
and peer reviewers. On February 28, 2018, Mayor and Members of Council were
circulated the final six reports and addenda which address the proposed two additional
lots.
2.3. Also, at the public meeting held in February, Council requested that the Durham Region
Hydrogeologist be present when the subject application returns to Committee, as a
means to provide clarification and answer Council questions. Regional staff are not able
to attend this meeting and the peer reviewer declined the request to attend the meeting.
In consideration of these events the applicant has indicated that their consultant from
GHD would be present at the meeting, should Committee have questions or need
clarification on the hydrogeology.
Municipality of Clarington
Report PSD -043-18 Page 4
2.4 When OPA 107 was adopted on November 1, 2016, it included an expansion to the
hamlet boundary as shown on Figure 1. The Region, in approving OPA 107 deferred
the expansion to the Hampton Hamlet boundary. The decision to defer the expansion,
as well as the size of the expansion was appealed by 562503 Ontario Ltd. and Honey
Harbour Heights Estates Ltd, which are both companies associated with Fourteen
Estates limited, the applicant for this rezoning. The subject lands if rezoned for nitrate
dilution associated with the two additional lots fronting on Ormiston Street could not be
used in future considerations of the hamlet expansion.
2.5 The Hydrogeological Update submitted in support of the application, as well as the peer
review are summarized in Section 7 of this report.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are 0.48 hectares (1.2 acres) in area and are located directly adjacent
to a number of existing developed and undeveloped rural residential lots created by way
of consent, fronting onto Ormiston Street in Hampton. The lands slated for nitrate
dilution are vacant and wooded with some mature vegetation, and form part of the
Natural Heritage System.
Figure 2: Aerial view of subject lands
3.2 The surrounding uses are as follows:
North - Vacant Environmental Protected and Agricultural Lands
South - Hampton Junior Public School and Residential Dwellings
East - Residential Dwellings, Environmental Protected and Agricultural Lands
West - Residential Dwellings
Municipality of Clarington
Report PSD -043-18
4. Provincial Policy
Provincial Policy Statement
Page 5
4.1 The Provincial Policy Statement identifies settlement areas, including hamlets, as the
focus of growth. Private sanitary sewage and water services are permitted where there
is no negative impacts. The purpose of the nitrate dilution area is to ensure no negative
impacts.
4.2 The subject application is consistent with the Provincial Policy Statement.
Greenbelt Plan
4.3 The subject lands are within the Protected Countryside of the Greenbelt whereas the
residential lots are within a hamlet settlement area. Infill and intensification of Hamlets is
permitted subject to appropriate water and sewage services. The application to rezone
the lands for nitrate dilution is to serve proposed and new residential development on
lands fronting on Ormiston Street, within the settlement area. The subject lands will be
placed in restrictive zoning so that the land cannot be used for another use.
4.4 The application conforms to the Greenbelt Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject lands as Prime Agricultural
Areas and Hamlet. The subject lands will be in a site specific zoning restricting the use
of the subject lands.
5.2 The application conforms to the Durham Regional Official Plan.
Clarington Official Plan
5.3 Within the Clarington Official Plan the subject lands are designated Hamlet Residential
and Environmental Protection. The subject lands will be in a site specific zoning
restricting the use of the subject lands.
5.4 The application conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)", and
"Environmental Protection (EP)". The rezoning application will rezone 0.48 hectares to a
Special Environmental Protection Exception Zone to acknowledge the use and purpose
of the lands for nitrate dilution serving proposed residential development on lands
fronting on Ormiston Street subject to applications LD055/2014 and LD056/2014.
Municipality of Clarington
Report PSD -043-18
7. Summary of Background Studies
Hydrogeological Update
Page 6
7.1 The applicant retained GHD Limited to prepare a Hydrogeological Update, Nitrate
Impact Assessment, Ormiston Street, Hampton, ON in favour of the development of two
additional lots. The report, dated December 13, 2016 provides an updated nitrate
loading assessment for an 11 -lot residential development. The report's key conclusion
are as follows:
x Based on the previous hydrogeological work completed at this Site that the addition
of 11 lots will have no impact to the on-site or off-site wells that tap the deeper
aquifer; and
x The nitrate impact assessment model can be made acceptable by the addition of
0.48 hectares.
Hydrogeological Peer Review
7.2 The Region of Durham retained Golder Associated Ltd to peer review the GHD report,
Hydrogeological Update, Nitrate Impact Assessment, Ormiston Street, Hampton. The
key conclusions to the peer review, dated April 11, 2017 are as follows;
x The Peer Reviewer is in agreement that the Hydrogeological Update provided as it
generally supports the development of 11 lots on 5.66 hectares plus an additional
0.48 ha of land to be used for nitrate dilution purposes;
x Future development and sources of nitrate should be prohibited on the 0.48 hectare
of land that has been identified for nitrate dilution purposes.
GHD Limited Addendum Letter, Response to Hydrogeological Comments,
Municipality of Clarington
7.3 The applicant retained GHD Limited to prepare an addendum letter, dated May 11,
2017, to address the Municipality of Clarington comments dated May 9, 2017. The
Addendum Letter addresses concerns mainly related to the impact to on-site or off-site
wells. The letter summarizes that the future wells of this development will have minimal
impact on wells drawing water from this aquifer. The letter further states that no impacts
from properly constructed septic disposal systems is expected to existing dug/bored
wells or deeper drilled wells in the area.
GHD Limited Addendum Letter #2
7.4 The applicant retained GHD Limited to prepare a second addendum letter, dated
August 10, 2017, to address further correspondence between external agencies and the
applicants. The second Addendum Letter provides information on the 0.48 hectares of
land needed for nitrate impact assessment calculations for the addition of 2 lots for a
total of 11 lots. The letter explains that the area identified for nitrate dilution purposes is
downgradient of the proposed severed lots and that groundwater naturally travels
Municipality of Clarington
Report PSD -043-18
Page 7
westerly towards these lands. The dilution lands will not be developed in the future
since they are part of an environmental area and cannot be used in future nitrate
calculations.
8. Public Submissions
8.1 At the public meeting held on February 20, 2018, six residents addressed the Planning
and Development Committee with concerns regarding the proposed zoning that would
allow the creation of two additional lots. Two of the residents also submitted follow up e-
mails to Staff reiterating their opposition to the proposed rezoning.
8.2 The residents' concerns from the comments made at the public meeting and the written
submissions related to a number of items, including tree removal, fill on existing lots
fronting onto Ormiston Street, CLOCA involvement, reversing the decision of the Land
Division Committee, stopping future development on lands to the north, construction
works, and clarification regarding nitrate dilution. These concerns are addressed in
Section 11 of this report.
9. Agency Comments
Regional Municipality of Durham
9.1 The Regional Municipality of Durham, Planning and Economic Development
Department has no concerns with the rezoning application.
Central Lake Ontario Conservation Authority
9.2 The Central Lake Ontario Conservation Authority has no objection to the approval of the
rezoning application.
10. Departmental Comments
Engineering Services
10.1 The Engineering Services Department has no objection, in principle, to the application.
Building Division
10.2 The Building Division has no comments regarding the application.
Municipality of Clarington
Report PSD -043-18 Page 8
11. Discussion
11.1 Both the consultant's work and the Region's peer review support the applications. The
proposed nitrate dilution area is outside the Hamlet boundary and will be taken into
account during consideration of development opportunities in the future should the
Hamlet boundary be permitted to expand. It is Clarington's practice to place any
additional land required for nitrate dilution beyond the limits of the proposed lots (0.48
hectares according to the Hydro -geological Study) in a restrictive zone so that the land
cannot be used for another use.
11.2 As mentioned, at the public meeting, six residents addressed the Planning and
Development Committee with concerns regarding the proposed zoning and two of the
residents also submitted follow up e-mails reiterating their opposition to the proposed
rezoning. The residents' concerns are reviewed in Sections 11.3 to 11.11.
Tree removal on 5439 Old Scugog Road, Hampton
11.3 Mrs. Wallace purchased the property at 5439 Old Scugog Road from Mr. Ricciuto on
July 24, 2014. Mr. Ricciuto was the applicant for the original Official Plan Amendment
and Rezoning to allow the creation of the lots on Ormiston Street. Prior to Mr. Ricciuto
selling the parcel he had registered an easement on the property to allow for stormwater
management works associated with the lots being created on Ormiston Street. This
included the removal of trees. A tree preservation plan had been prepared by Henry
Kortekaas & Associates and approved by the Municipality of Clarington. Tree cutting
was approved for the area shown on Figure 3.
11.4 The Tree Preservation Plan shows the required tree removal on the area of the property
subject to the drainage easement. Henry Kortekaas inspected the site on March 6, 2018
and confirmed that the grading and tree removal was implemented as designed.
11.5 Based on the verbal and written submissions, it appears that Mrs. Wallace was not
aware of the easement over the property located at 5439 Old Scugog Road and the
works approved to be done on the easement lands when the property was
purchased. Further, it appears that the Owner and/or contractor did not provide any
notice to Mrs. Wallace prior to the tree removal commencing. Although the timing is
unfortunate and the communication was poor, the work was done according to the
approved Tree Preservation Plan as confirmed by Mr. Kortekaas and as per the
easement documents.
Municipality of Clarington
Report PSD -043-18 Page 9
1012 0 17
fl?r
5439 Old 5cugog �. w
„� `# +• ".' Approved Tree CUIGng
* Nesta dilution Alba
# T
Ove nand Flew lma
L'O�r7-003 '�T y' 45$4e�4a'JfSP
Figure 3: Approved Tree Removal
Increased Amount of Fill on Existing Lots fronting onto Ormiston
11.6 At the public meeting, a neighbouring resident expressed concerns with the fill being
imported to the lots prior to construction. Clarington Engineering Services Department
confirmed that each lot which has been built up fronting onto Ormiston Street have
approved lot grading plans along with the approval of the building permits. The amount
of fill was reviewed and approved through this process.
Clarification on how nitrates will be diluted to the rezoned lands
11.7 The nitrate dilution area shown in Figures 1 and 3 were identified as appropriate dilution
areas since the lands are located downgradient of the lots to be constructed east of the
watercourse. Based on the submitted Hydrogeological Reports, the groundwater is
noted to travel in a westerly direction, rendering the lands subject to the proposed
rezoning the most appropriate for nitrate dilution. Further, the nitrate dilution area will
Municipality of Clarington
Report PSD -043-18
Page 10
remain undeveloped with the two additional lots. This area cannot be used in future
nitrate calculations should future development proceed to the north.
Central Lake Ontario Conservation Authority Involvement
11.8 A question was raised as to whether the Central Lake Ontario Conservation Authority
(CLOCA) had been involved with the review of the application and whether there were
any concerns from their perspective. CLOCA was circulated the rezoning application for
comments on November 22, 2017. Based on the comments received on January 25,
2018, the conservation authority supports the area being designated for nitrate dilution
and has no objection to the approval of the rezoning. CLOCA also reviewed the consent
applications and did not object to the lot creation.
Reversal of Land Division Decisions
11.9 Planning Staff contacted the Durham Regional Land Division Committee for information
regarding the public circulation sent out advertising the two applicable land division
applications. Based on information provided by the Durham Region Land Division
Committee, as per the Planning Act Requirements, public notice was circulated to all
residents within 60 metres. The applications were tabled at the July 25, 2014 meeting
and tabled several times after that. Following the initial mail out, only residents and
interested parties that made written submissions would have received a copy of any
future notices relating to the applications and of the decision. In the case of these
applications, no residents or interested parties came forward for the July 25, 2014
meeting and therefore, no further material was sent out. The appeal period for the
decision has expired.
Preventing Development north of the Current Proposals (Hamlet Boundary
Expansion)
11.10 Currently, there is no approval in place or formal development applications proposed for
the lands to the north of the proposed lots. When Official Plan Amendment 107 (OPA
107) was adopted on November 1, 2016, it included an expansion to the hamlet
boundary. The Region, in approving OPA 107 deferred the expansion to the Hampton
Hamlet boundary. The decision to defer the expansion, as well as the size of the
expansion was appealed by 562503 Ontario Ltd. and Honey Harbour Heights Estates
Ltd, which are both companies associated with Fourteen Estates limited, the applicant
for this rezoning. All interested parties related to this application will be added to the
Interested Parties list for the appeal to the hamlet expansion.
Construction Works
11.11 At the public meeting, many residents' concerns were related to the behaviour of
construction employees to date, with the construction of the existing dwellings by
Fourteen Estates, fronting onto Ormiston Street. At the Public Meeting, Carolyn Molinari
provided business cards for the site supervisor for any resident who wanted to have
direct contact to express ongoing concerns. Staff have not received any complaints.
Municipality of Clarington
Report PSD -043-18
Page 11
In the future residents should be encouraged to contact Municipal Law Enforcement or
the Engineering Department.
12. Concurrence
Not Applicable.
13. Conclusion
In consideration of all agency, staff and public comments and given that this application
is to implement a decision of the Durham Land Division Committee, it is respectfully
recommended that Council approve the application to amend Zoning By-law 84-63 (see
Attachment 1).
14. Strategic Plan Application
Not applicable.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Andrew C. Allison, B.Comm, LL.B
Chief Administrative Officer
Staff Contact: Amanda Tapp, Planner, 905-623-3379 ext. 2420 or atapp(a-)clarington.net
Attachments:
Attachment 1 — Zoning By-law Amendment
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
AW/CP/DJC/nl
c\'vepartment\LUU NEvv F iLING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0035 Ronoeau_Ormiston\Staff Report\Recommendation Report\PSD-043-16.u0cx
Attachment 1 to
Report No. PSD -043-18
Corporation of the Municipality of Clarington
By-law Number 2018 -
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 ZBA2017-0035;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule `1' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Environmental Protection (EP)" to "Environmental
Protection Exception (EP -7) " 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 , 2018
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D.
82 T ZO
61
51 A
3� `''�`�� �o
6 21 !�� y rn Vrc
55615
PaN ��
� ON
�`
561::
�, `-a co
55$5 yZ 00
26
6 5565 2p 7� 19 CPI
16Y15
11
551 p, 1
RRry A 3 �
LO
OWO
Ib
�NCO
Gj� QJ M
Dc� q �GJ� N
� P� � 6'
72 Q�hNO
- Zoning Change From 'EP' to 'EP -7' "
s
Darlington • ZBA 2017-0035 • Schedule 1
Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk