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Home My WebLink AboutPSD-129-07 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, November 5, 2007 ~sdl-l h C/'\ -lid PA -~,;;o - 0 7 Date: Report #: PSD-129-07 File #: LD143/2007 By-law #: Subject: REPORT FOR INFORMATION REGARDING APPLICANT'S APPEAL OF LAND DIVISION APPLICATION LD143/2007 APPLICANT: CARMELA COSCARELLA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-129-07 be received for information; and 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D vid . Creme, M.C.I.P., RP.P. Director of Planning Services Reviewed bY:O~ ~ Franklin Wu, Chief Administrative Officer SNCPfDJCfdf/av October 30, 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-129-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Vincent Coscarella 1.2 Owner: Carmela Coscarella 1.3 Application: Land Division: For consent to sever a 0.25 hectare parcel of land with a residential dwelling and retain 7.96 hectares of vacant agricultural land. 1.4 Site Area: 8.21 hectares 1.5 Location: The subject lands are located north of Courtice, on the west side of Courtice Road. The property is contained within Part Lot 29, Concession 4, in the former Township of Darlington (Attachment 1). 2.0 BACKGROUND 2.1 In June of 2007, the Municipality of Clarington was circulated by Regional Land Division an application for consent to sever a new lot. Durham Region is the approval authority on all land division applications and the Municipality of Clarington provides comments. 2.2 A decision was made on July 16, 2007 by the Land Division Committee to deny the application as the application did not conform to the policies of the Clarington Official Plan, the requirements of the Clarington Comprehensive Zoning By-law, the policies of the Durham Regional Official Plan or the Provincial policies of the Greenbelt Plan. A copy of the decision in its entirety is contained in Attachment 2. 2.3 The Owner, Mr. Coscarella, appealed the decision of the Land Division Committee to the Ontario Municipal Board and the Municipality of Clarington was subsequently notified of this appeal. 3.0 MUNICIPAL POSITION 3.1 Staff found that the application does not conform with the Provincial Greenbelt Plan, the Clarington Official Plan or the Zoning By-law (By-law 84-63 as amended). The complete comments to the Land Division Committee are contained in Attachment 3 and are summarized as follows: 3.1.1 Within the Greenbelt Plan the property is within the Protected Countryside and is within the Natural Heritage System. The Greenbelt Plan does not permit the creation of new rural residential lots. Only minor lot adjustment or boundary re-alignments are permitted, provided they do not create a separate lot for a residential dwelling. This application does not conform with the Greenbelt Plan. REPORT NO.: PSD-129-07 PAGE 3 3.1.2 The Clarington Official Plan designates the land "Green Space". The retained parcel is designated "Green Space" and "Environmental Protection Area". The proposed severance does not conform with the Clarington Official Plan for the following reasons: i) The development would be considered ribbon development; ii) It is undersized (not a minimum of 0.4 ha in area); iii) It would create a new residential access to a Type A arterial; iv) The entire parcel (both severed and retained) is generally not a minimum of 40 ha;and v) The new lot would extend or promote strip development. Although there is a Rural Cluster located to the south of this development, the Cluster symbol does not extend north of the tributary or the pipeline. The tributary and the Trans-Northern Pipeline create a definitive northern boundary for the cluster. The expansion of a rural cluster would not be permitted as per policy in the Clarington Official Plan that states "once the limits of a Cluster have been defined in the Zoning By- law, no expansions to the Cluster shall be permitted". 3.1.3 Zoning By-law 84-63 as amended, zones the severed parcel "Agricultural Exception (A- 1)" and the retained parcel "Agricultural Exception (A-1)" and "Environmental Protection (EP)". 4.0 STAFF COMMENTS 4.1 As the approval authority, the Region of Durham Planning Staff will attend the Ontario Municipal Board hearing. Both the Region of Durham and the Municipality of Clarington were of the same opinion that the land division application for the creation of a new lot does not conform to the Provincial Greenbelt Plan. Also, the Region found that the application does not conform to the Regional Official Plan either, as it is within 120 metres of key natural heritage and key hydrologic features. 4.2 The Owner, Mr. Coscarella, has appealed the decision of the Land Division Committee on the grounds that "neighbouring properties, at the same meeting, were granted approval to sever their property with no problems." The application referred to (LD147/2007), was a boundary re-alignment through which no new building lots were created. As stated earlier, the Greenbelt Plan permits minor lot adjustments or boundary re-alignments. 4.3 The Municipality has provided Regional Staff with detailed excerpts of the Clarington Official Plan and Zoning By-law to assist the Region with their defence of the Land Division Committee's decision. Municipal Staff are not required to attend the hearing or to give evidence. REPORT NO.: PSD-129-07 PAGE 4 5.0 CONCLUSION 5.1 Staff recommends that Council receive the report for information. Attachments: Attachment 1 - Key Map Attachment 2 - Minutes and Decision of Land Division Committee Attachment 3 - Clarington Comments to Land Division Committee [aNt" SiO'~~'~ 1- ~ -='j"""" '- I -- u ~ ~ 9- ~l "- :::: w z ~ w --c::m ~ 1 - - ~1l I i , '; . , , alfo~ 30l1~noo / , '~I c>C> II I V ~t / .,1 a;~ WQ .s ~ - , il ~ ~~~~~~~e;b ,j 1:J ' 0 [ii .z ~ ~r1!J ~~ll ~v h 1 '\ j: ~\ Ql 1n1:J 00) I-C: 0! 1:J0) [iill: -' ( I / Attachment 1 To Report PSD-129-07 ~- ~ ~) 111 IT -:-rT ! c: ~ .= ;: - ~ I 0) ~----- o I -r ... - Cl. .. ::Ii c: o :;::; ~~ ~ n 1IIIIIrrTTT ~ illJ 1111 rnllllTTTT ITI avo. .mu ~ T~ Ir, lET '\- --- -- ~ ~ ~ I O'tOl::I 301.nInO:> ~ h , JlTI\IIII!III .= :"'t ~ ~ \ ,,7 c:::: := '-- fA I L I ..... c o 0 o- N.!! - > M .- 'litCl ...."tl Q C .../j .!!! e CIS u ~ o .!!! Gl E .. CIS o i.: Gl C ~ o - ~ - c Ci c:: UJ f-- Z 0 l- (/) UJ ....J III III UJ - D.. - , Attachment 2 To Report PSD-129-07 MINUTES AND DECISIONS DURHAM LAND DIVISION COMMITTEE As per: The Planning Act and in accordance with the Provincial Rules of Procedure CONSENT APPLlC TION heard on: Monday, July 16, 2007 LD 143/2007 Submi sion B126/2007 Owner Agent Location Municipality Coscarella, Carmela Coscarella, Vittorio Part lot 29, Cone. 4 Municipality of Clarington (former Darlington) Consent to sever a 0.25ha lot with a residential dwelling, retaining a 7.96ha vacant agricultural lot. Ms. Carmela Coscarella, owner was present at the meeting. Mr. Vittorio Coscarella, agent was also present at the meeting. The Municipality of Clarington is recommending denial. The proposed severance does not conform to the Clarington Official Plan, or Comprehensive Zoning By- law 84-63. Regional Planning Department is recommending denial. The subject lands are located within the Natural Heritage System of the Protected Countryside of the Greenbelt Plan. Severance for a residential lot is prohibited by the Greenbelt Plan. Further, the subject lands does not conform to the Regional Official Plan as it is within 120 metres of key natural heritage and key hydrologic features. The Department advises the Committee to have regard to the addendum page of the completed application form. The Committee had for information reports received from the Regional Municipality of Durh~m Planning, Works and Health Departments, the Municipality of Clarington and Central Lake Ontario Conservation Authority. Agency comments were handed to Ms. C. Coscarella. DECISION OF THEI COMMITTEE I APPLICANT/OWNERS ARE RESPONSIBLE FOR FULFILLING ALL CONDITIONS. 32 . MOVED:J.-M. Komarnicki SECONDED: W. Taylor That application LD 143/2007 be denied, as the proposal does not conform to the policies of the Clarington Official Plan, the area requirement of the Comprehensive Zoning By-law 84-63, the policies of the Durham Regional Official Plan, or the Provincial policies of the Greenbelt Plan. CARRIED UNANIMOUSLY Signed by all members present and concurring that this is the Committee Decision of LD 143/2007 on Monday, July 16, 2007. (CHAIR) (VICE CHAIR) D. Sullivan H. Graham J. Collins J. Hurst J.-M. Komarnicki L. Patel R. E. Sutton w. Taylor Assistant SecretarylTreasurer ~ Last Date of Appeal of this Decision or any of the conditions therein is Tuesday, August 14, 2007. 33 Attachment 3 To Report PSD-129-07 EI/Cl'gizillg Ol/tario '. . COMMENTS TO LAND DIVISION COMMITTEE MEETING JULY 16. 2007 APPLICATION NO.: LD143/2007 APPLICANT: CARMELA COSCARELLA LOCATION: PART LOT 29, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON PROPOSED USE: NEW RESIDENTIAL LOT DESCRIPTION OF APPLICATION Application LD143/2007 is for consent to sever a 0.25 hectare parcel of land with a residential dwelling and retain a 7.96 hectare vacant agricultural parcel. PROVINCIAL POLICY Greenbelt Plan Within the Greenbelt Plan the property is within the Protected Countryside and is within the Natural Heritage System. The Greenbelt Plan, does not permit the creation of new rural residential lots. Only minor lot adjustments or boundary re-alignments are permitted, provided they do not create a separate lot for a residential dwelling. This application does not conform with the Greenbelt Plan. CONFORMITY WITH OFFICIAL PLAN PROVISIONS Within the Clarington Official Plan the severed parcel is designated "Green Space". The retained parcel is designated "Green Space" and "Environmental Protection Area". The proposed severance does not conform with the Clarington Official Plan for the following reasons: i) The development would be considered ribbon development; ii) It is undersized (not a minimum of 0.4 ha in area); iii) It would create a new residential access to a Type A arterial; iv) The entire parcel (both severed and retained) is not generally a minimum of 40 ha; and, v) The new lot would extend or promote strip development. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 L D COMMENTS: 143/2007 PAGE 2 Although there is a Rural Cluster located to the south of this development, the Cluster symbol does not extend north of the tributary or the pipeline. The tributary and the Trans-Northern Pipeline create a definitive northern boundary for the cluster. The expansion of a rural cluster would not be permitted as per policy in the Clarington Official Plan that states "once the limits of a Cluster have been defined in the Zoning By- law, no expansions to the Cluster shall be permitted". CONFORMITY WITH ZONING BY-LAW PROVISIONS Within Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, the proposed severed parcel is located within the "Agricultural Exception (A- 1) Zone" and the retained parcel is located within the "Agricultural Exception (A-1)" and "Environmental Protection (EP) Zones". The minimum lot area required for a new lot in the "A-1" zone is 40 ha. The application is not in conformity with the Zoning By-law. COMMENTS New rural residential lots must be in conformity with the Green Belt Plan, Clarington Official Plan and Zoning By-law and this application does not conform to any of these documents. The Clarington Official Plan states the following: i) Ribbon development along arterial roads shall be prohibited and direct access from arterial roads shall generally be restricted; ii) No parcel should be created which does not conform to the provisions of the Official Plan and the implementing Zoning By-law; iii) In the Green Space designation, any severance applications are subject to policies of the Agricultural designation. The Agricultural designation states that a retiring farmer is encouraged to reside in a nearby hamlet however subject to the following criteria a retiring farmer is permitted one retirement lot from the farmer's total farm holdings. a) a retirement or intra-family lot has not been previously severed since January 1, 1974; b) the retained parcel is generally 40 ha in area and shall have been owned by the farmer for a minimum of 10 years; c) the retirement lot shall comply with MDS; d) the retirement tot shall meet Health Unit requirements; e) the retirement lot is generally less than 0.6 ha; f) it is registered on title that no further severance may be granted; and, g) new agricultural lots are permitted only where the severed and retained lots are for agricultural use and are a minimum of 40 ha in size. The application is to create a new rural residential lot along a Type A arterial road. As noted above the application does not conform with provincial policy, the Clarington Official Plan or the Clarington Zoning By-law. The Clarington Engineering Services has no objection to this application provided that no new landlocked parcels are created. L D COMMENTS: 143/2007 PAGE 2 RECOMMENDATIONS Based on the above comments Staff would recommend thafthis application be DENIED. iXY{/~ Susan Ashton, Senior Planner Development Review Branch Planning Services Department SA*lw July 6, 2007