HomeMy WebLinkAboutPSD-094-07
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Meeting:
Tuesday, September 4, 2007
Report #: PSD-094-07
File #: ZBA 2007-0022
By-law #:
Subject:
PROPOSED ZONING BY-LAW AMENDMENT TO FACILITATE THE
SEVERANCE OF A HAMLET RESIDENTIAL LOT
APPLICANT: WILLIAM AND JEAN KIMBALL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-094-07 be received;
2. THAT the application submitted by William and Jean Kimball for Zoning By-law
Amendment, be referred back to staff for further processing and the preparation of a
subsequent report following the receipt of the hydrogeological report; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by:
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Franklin Wu
Chief Administrative Officer
BR/CP/DJC/sh/df/sn
28 August 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-094-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: William and Jean Kimball
1.2 Owner: Same as applicant
1.3 Rezoning: To change the zoning of a portion of a lot from "Agricultural Exception (A-
1)" to "Residential Hamlet (RH)" to facilitate the severance of a hamlet
residential lot
1.4 Area: Severed parcel- 0.40 hectares; Retained parcel- 1.82 hectares
1.5 Location: 4548 Durham Highway 2, Newtonville, being Lot 8, Concession 2, former
Township of Clarke (see Attachment 1)
2.0 BACKGROUND
2.1 On May 4,2007, William and Jean Kimball submitted a rezoning application for the rear
portion of the lot they proposed to sever. They submitted a land division application on
December 5, 2006. The proposed lot fronts on the north side of Highway 2.
Approximately half the lot is zoned "RH" and half is zoned "A". Clarington's comments
to Land Division Committee included a condition that the applicants "make application
and receive approval for rezoning the portion of the severed parcel that is zoned
"Agricultural Exception (A-1) Zone."
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property is used for crops despite being in the Hamlet of Newtonville with the
exception of the southwest corner where the existing house, its driveway, an accessory
building (shed) and the surrounding lawns are situated. The rectangular property is
2.228 hectares with a frontage of 76.3 metres and an average depth of approximately
201 metres. The proposed severed lot is located at the east end of the property, is
0.422 hectares in area, with a frontage of 30.48 metres and a depth of 138.35 metres.
See the aerial photograph on next page and Attachment 1.
3.2 The surrounding uses are as follows:
North - Agricultural
South - Durham Highway 2 and beyond, Hamlet Residential
East - Hamlet Residential and Agricultural
West - Hamlet Residential and Agricultural
REPORT NO.: PSD-094-07
PAGE 3
ZBA 2007-0022
c::z22J Proposed Lands To Be Severed
lSS] Lands To Be Retained
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The proposed severance represents infill within a rural settlement area. Settlement
areas are to be the focus of growth and their vitality and regeneration are to be
encouraged. This application is consistent with the Provincial Policy Statement.
4.2 Greenbelt Plan
Development, within Hamlets identified in local Official Plans, is not subject to the
policies of the Greenbelt Plan. Clarington Official Plan policies govern the development
of new lots within the existing hamlet boundary.
REPORT NO.: PSD-094-07
PAGE 4
5.0 OFFICIAL PLANS
5.1 Durham Reqional Official Plan
The Durham Region Official Plan recognizes Newtonville as a hamlet. Hamlets are the
predominant location for residential development outside urban areas. Severance for
limited infilling on the existing municipal water system conforms to the Plan.
5.2 Clarinqton Official Plan
The Clarington Official Plan designates the proposed severed and retained lots as
"Hamlet Residential". Hamlets are to be the predominant and preferred locations for
rural population growth as opposed to scattered non-farm rural residential properties.
The Clarington Official Plan requires a technical report be submitted in support of the
creation of all rural lots. The report shall demonstrate there is no adverse impact on
adjacent wells and septic systems and meets provincial guidelines for assessing water
supply and risk of water quality impact. New residential lots in rural settlements are to
have a minimum lot area of 4,000 square metres. However, the Official Plan policies
allow the minimum lot size in Newtonville to be reduced, for lots with municipal water,
provided an engineering study such as the above technical report demonstrates to the
satisfaction of the approval authorities that the soil and groundwater conditions can
support reduced lot size without contaminating soil or groundwater. A technical report
in support of the application has not been received.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the southern half of the proposed lot "Residential Hamlet
(RH)", whereas the northern half of the lot is "Agricultural Exception (A-1)". Although
the proposed severed lot has 30 metres of frontage all within the "RH" Zone and in this
sense complies, said lot does not have the minimum 4,000 square metres of area within
the "RH" Zone but rather, approximately 2,000 square metres. In this way the proposed
lot does not comply. Hence, this application to rezone the remainder of the lot "RH" to
provide 4,000 square metres of property within the "RH" Zone.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each and owner within 120 metres of not just the
proposed severed parcel but, the entire subject property. A public notice sign was
installed on the proposed severed lot's Durham Highway 2 frontage, 22 days prior to the
public meeting date.
7.2 As a result of the public notification process, to date, the Planning Services Department
has received no inquiries or comments.
REPORT NO.: PSD-094-07
PAGE 5
8.0 AGENCY COMMENTS
8.1 Comments have been received from all of the circulated departments and agencies.
8.2 Clarington Engineering Services was circulated the related land division application and
had only one comment, that prior to issuance of a building permit the Department
requires, for review and approval, a grading plan for the severed lot.
8.3 The Regional Health Department and the Ganaraska Region Conservation Authority
offered no objections to the proposed application.
8.4 The Regional Planning Department noted the Regional Official Plan designates the
subject property "Hamlet" and the proposal is permitted by the policies of said Plan.
Municipal water supply is available to the subject property from an existing watermain
on Durham Highway 2 and service to the property has been installed. A private waste
disposal system is proposed to service the property and the Regional Health
Department has no objection. Durham Highway 2 is a Type "A" Arterial Road and a
right-of-way minimum of 13.0 metres from the centre line of the original right-of-way to
the property line will be required. The application was screened according to provincial
plan review responsibilities. As the subject property is adjacent to Durham Highway 2,
a noise study is required to identify any potential impacts from vehicular noise and
identify appropriate noise mitigation measures. The noise study requirement remains a
condition of approval on the related land division application. There are no other
matters of provincial interest applicable to this application.
9.0 STAFF COMMENTS
9.1 The Clarington Official Plan designates the subject property as hamlet residential, the
predominant use of which is single detached dwellings. The proposed use, being a
single detached dwelling, therefore conforms. This individual land severance due to its
location and the surrounding property configurations does not jeopardize the future
development of the hamlet's northeast quadrant. The proposal will utilize existing
municipal water supply and roads, although a widening is required.
9.2 The technical report requirement mentioned in Section 5.2 of this report must be
satisfied before a rezoning recommendation can be made. This requirement had
previously been discussed in Clarington's January 2007 comments for the related land
division, specifically, the conformity with Official Plan provisions section.
9.3 Depending on the technical report's findings it may be possible to permit a reduction in
the proposed severed lot's area below 4,000 square metres and this rezoning
application could be modified to facilitate this.
REPORT NO.: PSD-094-07
PAGE 6
10.0 CONCLUSION
10.1 The purpose of this report is to provided information for the Public Meeting required
under the Planning Act. Staff respectfUlly requests that this report be referred back to
staff for further processing and the preparation of a subsequent report.
Attachments:
Attachment 1 . Property Map and Site Location Key Map
List of interested parties to be advised of Council's decision:
William & Charlotte Kimball
Valentine Lovekin
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Attachment 1
To Report PSD-094-07
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