HomeMy WebLinkAboutPD-57-99
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ON: PD-S7-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Date:
Monday, June 7, 1999
File # Po ~ .CoPf~. 'ff-DOb.
Res. # G\' r:\ - ::LClf( ~otcr
Meeting:
General Purpose and Administration Committee
Report #:
PD-57-99
FILE #: COPA 98-006
and DEV 98-067
By-law #
Subject:
OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION
APPLICANT: DAVE PASSANT ON BEHALF OF JOHN
& GERALDINE FIALKA
PART LOT 9, CONCESSION 4, FORMER TOWNSHIP OF CLARKE
FILE: COPA 98-006; DEV 98-067
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-57-99 be received;
2. THAT Official Plan Amendment application filed by Dave Passant, on behalf of
John and Geraldine Fialka, (COPA 98-006) be APPROVED as Amendment # 16 to
the Clarington Official Plan; that the necessary by-law to adopt the Official Plan
Amendment be passed and further that the amendment be forwarded to the Region
of Durham;
3. THAT the revision to the proposed amendment presented at the public meeting be
deemed minor in nature and that a new Public Meeting be deemed not necessary:
4. THAT the rezoning application DEV 98-067 submitted by Dave Passant on behalf of
John and Geraldine Fialka be APPROVED and that the amending by-law attached
hereto be forwarded to Council for adoption; and
5. THAT a By-law to remove the (H)-Holding Symbol be forwarded to Council at such
time the mitigation measures contained in the EIS have been completed to the
satisfaction of the Conservation Authority prior to the issuance of a building permit.
6. That all interested parties listed in this report and any delegation be forwarded a
copy of this report and be advised of Council's decision.
1. APPLICATION DETAILS
1.1
Applicant:
Dave Passant
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REPORT NO.: PD-57-99
PAGE 2
1.2 Owners: John and Geraldine Fialka
1.3 Official Plan Amendment: To amend the C1arington Official Plan by adding a new
section "23.14 Exceptions" and 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.
1.4 Zoning Amendment: To rezone a portion of each of the two existing 4
hectare (10 ac) parcels to an appropriate zone to permit
the construction of a single detached dwell i ng unit and
related accessory buildings.
1.5 Land area: 8 hectares (20 acres)
2. LOCATION
2.1 Legal Description:
Part lot 9, Concession 4, Former Township of Clarke
(Attachment #1)
2.2 Municipal Address:
North lot - 4504 Regional Road 18
South lot - 4460 Regional Road 18
3. LAND USES
3.1 Existing Uses:
3.2 Surrounding Uses:
woodlot
North
So uth
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 two existing lots to be sold as building lots for single detached
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REPORT NO.: PD-57-99
PAGE 3
dwelling units. The north lot is owned by Geraldine Fialka and the south lot is
owned by John Fialka.
5. PUBLIC MEETING
5.1 A Public meeti ng was held for these appl ications on January 18, 1999. No one
spoke in opposition to or in support of these applications. As of the writing of this
report two verbal inquiries have been received on the proposal.
6. PROVINCIAL POLICY STATEMENT
6.1 Provincial Policy Statements have been issued by the Province of Ontario under
Section 3 of the Planning Act. These Statements seek to provide for the wise use
and protection of the province's resources which include agricultural, mineral,
water quality and quantity, and natural heritage. These two lots are located within a
Provincially Significant Wetland as identified by the Province. In regards to natural
heritage, the Provincial Policy Statements state the following:
Natural heritage features and areas will be protected from incompatible
development. Development and site alteration will not be permitted in significant
wetlands south and east of the Canadian Shield. In addition, the quality and
quantity of ground water and surface water and the function of sensitive ground
water recharge/discharge areas, aquifers and headwaters will be protected or
enhanced.
6.2 The Region of Durham has been delegated the responsibility for ensuring that
development applications comply with the Provincial Policy Statements. Section 9
of this report provides the Region's review of the applications' compliance.
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7. OFFICIAL PLAN POLICIES
7.1 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 impacts on
environmental features and functions.
7,2 Clarington Official Plan
The Clarington Official Plan designates this property as Green Space and
Environmental 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. The Environmental Protection areas are
recognized as the most significant components of the natural environment. These
areas are to be preserved and protected from the effects of human activity. The
extent of the Environmental Protection areas are depicted in the Official Plan as
appropriate only. Precise limits are to be detailed through the review of
development applications.
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 Headwaters Wetland Complex, a provincially
significant wetland. Section 4.3.8 requires that an Environmental Impact Study (EIS)
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REPORT NO.: PD-57-99
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be undertaken for development applications located within or adjacent to any
natural feature.
8. ZONING BY-LAW
8.1 The north lot is zoned "Agricultural Type One Exception (A-l)" 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. 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.
9. ENVIRONMENTAL IMPACT STUDY
9.1 An Environmental Impact Study (EIS) is required before either of these lots can be
developed for residential use. The EIS is to determine whether a suitable building
envelope would be available for residential use without impacting the integrity and
function of the natural feature.
Gartner Lee Limited was retained by the Municipality, at the applicant's expense, to
prepare the Environmental Impact Study. The specific goals of the EIS were:
. To determine the nature of the hazards on the subject properties and whether
the proposed development could occur without creating or aggravating the
hazardous conditions and creating a threat to public health and safety;
. To determine whether the proposed development can proceed without
negatively impacting on the features and functions of the Graham Creek
Headwaters Wetland Complex and the tableland woodlot in the area; and
.
To recommend mitigation measures specific to the identified impacts.
9.2 The EIS addressed existing conditions on the site such as hydrogeology, vegetation,
wildlife, corridors and linkages. An impact assessment was conducted on
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REPORT NO.: PD-57-99
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hydrogeologic conditions, hazard lands, vegetation and wildlife, and mitigation
measures were provided in regards to site servicing, including criteria for siting the
construction envelope.
9.3 The following conclusions and recommendations were made on the proposal.
. The impact to the wildlife corridor can be mitigated in part by positioning the
building envelopes as shown in Attachment No.2. This will maintain a treed
swamp corridor crossing at Regional Rd. 18.
. The impact to the loss of vegetation and habitat can be mitigated through the
planting of a screening hedgerow along the interior of the building envelopes as
depicted in Attachment No.2.
. The two building lots are entirely underlain by silty fine sand and the water
table is at the ground service for the majority of the year. The report concl udes
that the construction of single detached units on these lots will not adversely
affect the groundwater system or create a hazard condition.
.
Examination of the hazardous conditions on the lots show that the only
condition is the high water table. This issue can be addressed in the design and
construction of each residence and services.
. There are two options for water supply, a drilled well to depth, or a bored well
in the shallow sands. Both options will require standard water treatment
methods.
.
Disposal of septic effluent can safely be achieved with a raised leaching bed,
including downgradient mantles.
9.4 Gartner Lee's conceptual servicing plan depicts the lots to be 63.3m x 63.3m,
approximately totaling the 4000 m2 minimum requirement for rural residential lots.
The EIS notes that the lots do not have to be square but can be rectangular in shape
as long as the construction envelope is maintain at their recommended locations of
the north end of the north lot and the south end of the south lot. The cleared lot
frontage will be determined by the size of the septic system and the surrounding
mantle, and prevents the lots from becoming excessively long and narrow.
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REPORT NO.: PD-57-99
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10. AGENCY COMMENTS
10.1 A request for comments on both applications was circulated to the applicable
departments and agencies.
10.2 The Region of Durham Health Department and the Clarington Fire Department had
no objection to either application.
10.3 The Region of Durham Planning Department reviewed the applications for
compliance with provincial guidelines and noted the following. The site is within
the Graham Creek Headwater Wetland Complex, which is a Provincially Significant
Wetland (PSW). The Provincial Policy Statement states that development is not
permitted within significant wetlands south and east of the Canadian Shield.
However, the Region has confirmed with the province that the provisions of the
policy statements provide an element of flexibility where conditions warrant
including situations related to lots of record. The lots were created prior to the
enactment of any municipal zoning by-law, predate both the Region and Clarington
Official Plan, and were never intended to function as anything other than rural
residential lots.
The Region has no objection to the development of these two lots for residential use
subject to minimizing any impact on the function of the wetland. They are satisfied
that the Environmental Impact Study will suitably address the environmental issues
and dictate how the lots can be developed without resulting in a negative impact on
the wetland function.
In commenting on the Regional Official Plan policies, the Region noted that a single
detached dwelling may be permitted on existing lots of record, created on or before
July 14, 1976, subject to such lot complying with the provisions of the respective
Zoning By-law.
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REPORT NO.: PD-57-99
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The lots front onto Newtonville Road (Regional Rd. 18), which is a Type B Arterial
with a minimum road width requirement of 30 metres. A Regional road widening is
not required.
10.4 The Clarington Public Works Department has commented that as the two lots are
existing lots of record, there is no requirement to provide a cash contribution in lieu
of parkland dedication or to provide a grading plan.
10.5 The Ganaraska Region Conservation Authority has reviewed the application and the
EIS and provide the following comments:
Having reviewed the "Scoped Environmental Impact Study, Fialka Properties
prepared by Gartner Lee Limited, April 1999", the Ganaraska Region Conservation
Authority finds the recommendations and conclusions acceptable. The building
envelopes should be restricted to the very north-east and south-east corners,
respectively to maximize the remaining vegetated open space and further plantings
as required. It also appears that the hazard can be adequately addressed by filling
portions of the property after removing the organic soils. This fill will not negatively
impact the groundwater table or wetland beyond the minor habitat loss.
The Ganaraska Region Conservation Authority has no objections to the application.
They recommend that the building envelope be zoned with a Holding symbol
which would only be removed at such time that the mitigation measures contained
in the EIS have been completed to the satisfaction of the Authority prior to issuance
of a building permit.
11. STAFF COMMENTS
11.1 Staff are satisfied that the EIS addresses the requirements of the Clarington Official
Plan and the concerns of the Region of Durham. The EIS has shown that the lots
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REPORT NO.: PD-57-99
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can be developed for residential use with minimal impact on the natural
environment. This proposal is unique in that the application applies to two existing
lots of record which predate both the Durham Region and Clarington Official Plans,
and the Zoning By-law. The EIS has demonstrated that there will be minimal impact
on the natural environment if the recommended mitigation measures are followed.
Given the conclusions of the EIS, and the position of the Region of Durham in
consultation with the Province of Ontario, staff can support the residential
development of these two existing lots.
11.2 The zoning by-law amendment (Attachment No.3) rezones portions of the property
by granting an environmental protection exception zone to the construction
envelopes of the two lots. The envelopes were based on the recommendations of
the EIS, a request from the applicant to configure the construction envelopes into
rectangular shapes, and the Health Department's determination of the minimum
frontage requirements for placement of the septic services at the front of each lot.
The building envelope configuration has been set at a width of 50 metres and a
depth of 100 metres, for a total lot area of 5000 m'. This will allow sufficient
flexibility for house and accessory building construction, and for the placement of
well and septic services.
The building envelopes will also be identified with the Holding symbol as
recommended by the Ganaraska Region Conservation Authority. The placement of
this Holding provision will allow both the Authority and the Municipality to
implement the mitigation measures identified in the EIS prior to any construction on
the lots.
11.3 The Official Plan Amendment will identify these two lots in Section 23 as
permitting residential use (Attachment #4). Map A will continue to show their land
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REPORT NO.: PD-57-99
PAGE 10
use designations as Green Space and Environmental Protection. The zoning
amendment will indicate the limits of the lands that are available for development.
11.4 The proposed amendment presented at the January 18th Public Meeting referred to
adding a new subsection 23.14 Exceptions to the Clarington Official Plan. This
subsection (Section 23.14.1) would state that "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...."
Section 23.9.1 of the Official Plan prohibits existing lots of record which are
designated as Environmental Protection to be developed for residential use.
Therefore, this amendment must also address Section 23.9.1 by stating that
"notwithstanding Section 4.8, Section 14.4, and Section 23.9.1, the construction of
a single detached dwelling unit and related accessory buildings shall be permitted
on each of the properties...." This minor change in the proposed amendment is
minor in nature and does not warrant holding a second Public Meeting.
12. CONClUSION
12.1 In consideration of the comments contained within this report it is recommended
that Amendment No. 16 to the Clarington Official Plan be approved to allow the
two existing lots of record be developed for residential use.
12.2 Staff would also have no objection to the approval of the attached zoning by-law
amendment which would permit each of the two lots to accommodate a single
detached dwelling and associated accessory buildings and structures.
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REPORT NO.: PD-57-99
PAGE 11
Respectfully submitted,
Reviewed by,
a r-~~ ~
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
Da I . rome, M.C.I.P., R.P.P. .
Acting irector of Planning & Development
ID*L PDCdf
27 May1999
Attachment No. 1 - Key Map
Attachment No.2 - EIS Recommended Building Envelopes and Servicing Locations
Attachment No.3 - Proposed Zoning By-law Amendment
Attachment No.4 - Official Plan Amendment No.16
Interested parties to be notified of Council and Committee's decision:
ATTACHMENT NO.1
. SUBJECT SITE
LOT 10 LOT 9 LOT 8 LOT 7
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CLARKE DEV.98-067 !
KEY MAP COPA 98-006
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ATTACHMENT NO.2
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Criteria
-Building envelope = 1 acre (not necessarily square).
-Lot 4460 - south side of envelope coincident with
south lot line.
.Lot 4504 - north side of envelope coincident with
north lot line
.Septic bed and reserve bed located east of house.
-Wells located west of house
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CONCEPTUAL SERVICING PLAN
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Fialka E.I.S.
Municipality of Clarington
Project 99-129
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ATTACHMENT NO.3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
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 former Town of
Newcastle to permit the development of a single detached dwelling on each of the existing
lots in an Environmental Protection Area;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 5.3 "SPECIAL EXCEPTION - ENVIRONMENTAL PROTECTION (EP) ZONE"
is hereby amended by adding thereto, the following new Special exception 5.2. 1 2
as follows:
"5.2.12 ENVIRONMENTAL PROTECTION EXCEPTION (EP-12) ZONE
Notwithstanding the provisions of Section 5.2, those lands zoned EP- 12 on the
Schedules to this By-law shall permit one single detached dwelling unit and related
accessory buildings." Residential dwellings shall comply with the zone
requirements set out in Section 9.2 ofthis By~law.
2. Schedule "2" to By-law 84-63, as amended is hereby further amended by changing
the zone category from:
"Agricultural Exception (A-1) and "Environmental Protection (EP)" to "Holding-
Environmental Protection Exception ((H) EP- 12) as illustrated on the attached
Schedule U A" hereto.
"Environmental Protection (EP)" to "Holding - Environmental Protection Exception
((H)EP-12) as illustrated on the attached Schedule "A" hereto
2. Schedule UA" attached hereto shall form part of this By-law.
3. This by-law shall come into effect on the date of the passing thereof, subject to the
provisions of section 34 of the Planning Act.
BY-LAW read a first time this
day of
1999.
BY-LAW read a second time this
day of
1999.
BY-LAW read a third time and finally passed this
day of
1999.
MAYOR
CLERK
699lJua
This is Schedule"A" to By-law 99- ,
passed this day of , 1999 A.D.
LOT 9 , CONCESSION 4
_ ZONING CHANGE FROM "A-1" TO "(H)EP-12"
~ ZONING CHANGE FROM "EP" TO "(H)EP-12"
~ ZONING TO REMAIN "EP"
Mayor
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699lJlJ9
ATTACHMENT NO.4
AMENDMENT NO 16
TO THE CLARINGTON OFFICIAL PLAN
PURPC6E:
To amend the Clarington Official P Ian to permit, as an exception, the
residential use of two existing lots designated "E nvironmental
Protection Area" and identified as "Hazard Lands" on Map C.
BA5IS:
The Amendment is based upon applications for an official plan
amendment and a zoning amendment filed by Dave Passant on beha If
of John and Geraldine Fialka. File No.s COPA 98-006 and DE V 98-
067.
ACT UAL
AIv1E NDM NT:
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, Section 14.4, and Section
23.9.1, the construction ofa 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."
IMPLE M NT ATION: The provis ions set forth in the Clarington Official P lan, as amended,
regarding the implementation of the Plan shall apply in regard to this
amendment.
INTERPRETATION: The provis ion set forth in the Clarington Official P lan, as amended,
regarding the interpretation of the Plan shall apply in regard to this
amendment.
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