HomeMy WebLinkAboutPSD-084-10Clarington
Leading the Way
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: July 5, 2010 Resolution #: ~P~'St50-/o By-law #: N/A
Report #: PSD-084-10 File #: COPA 2003-009 and
ZBA 2003-036
Subject: OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT
APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS
FOR SINGLE DETACHED DWELLINGS
OWNERS: MICHAEL RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO,
ISOLINE RICCIUTO, GINA STONE & RUSSELL STONE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-084-10 be received;
2. THAT the applications to amend the Clarington Official Plan (COPA 2003-009) and
Zoning By-law 84-63 (ZBA 2003-036) continue to be processed, including the
preparation of a subsequent report considering all agency comments and comments
raised at the Public Meeting; and
3. THAT all interested parties listed in Report PSD-084-10 and any delegations be advised
of Council's decision.
Submitted by: /I~.-, Reviewed by: t ~"''~
e La gm , FCSLA, MCIP Franklin Wu,
A ting Director of Planning Services Chief Administrative Officer
ATS/CP/av/df
June 25, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-084-10
1.0 APPLICATION DETAILS
PAGE 2
1.1 Owner: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto,
Gina Stone, & Russell Stone
1.2 Applicant: Michael Ricciuto
1.3 Official Plan Amendment Application:
To redesignate lands from "General Agricultural Area" to "Hamlet
Residential" to permit the development of eight (8) single detached
residential dwellings.
1.4 Zoning By-law Amendment Application:
To change the zoning on the subject lands from "Agricultural Exception
(A-1 )" to permit the development of eight new lots resulting in the
construction of eight single detached dwelling units.
1.5 Subject Lands: Approximately 20 ha (6.6 ha to be designated "Hamlet Residential")
2.0 LOCATION
2.1 The subject lands are located on the north side of Ormiston Street in Hampton (see
Attachment 1). The property is contained within Part Lot 17, Concession 5, in the former
Township of Darlington. An air photo of the subject lands is provided as Attachment 2.
3.0 BACKGROUND
3.1 On August 1, 2003, the owners submitted an official plan amendment and rezoning
application to the Municipality of Clarington to change the designation and zoning of a
portion of the subject lands located on the north side of Ormiston Street in Hampton.
3.2 The application is to expand the hamlet boundary of Hampton to permit the development
of eight new lots for a total of eight single detached dwellings. The original lot layout is
shown on Attachment 3.
3.3 The subject applications were impacted by the release of the Greenbelt Act in 2003 and
subsequent Minister's Zoning Order which prevented the Municipality from making any
decisions on official plan and zoning by-law amendment applications on lands outside
settlement areas. A public meeting was held on January 26, 2004 at which time Staff
was directed to continue processing the applications.
3.4 Based on transitional policies contained in the Greenbelt Act and Places to Grow Act, it
has been determined that the provisions of the Greenbelt Plan and Growth Plan do not
apply to these applications. Since the public meeting was held in 2004 the applicant
has been working towards addressing staff and agencies comments. The applicant has
REPORT NO.: PSD-084-10
PAGE 3
submitted several studies and reports in support of the applications, including planning
reports, environmental reports and a hydrogeological study which has went through the
Region of Durham's peer review process.
3.5 As a result of the staff and agency review process, the layout of the proposed eight (8)
lots has been revised and the lots are slightly larger and reconfigured to address
hydrogeological, grading and drainage concerns. The revised layout is included as
Attachment 4.
3.6 Given the time that has lapsed since the 2004 public meeting and the changes to the
proposal, a second public meeting is warranted.
4.0 .SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject lands have a total area of 20 hectares and the lands to be added to the
Hampton settlement area have an area of 6.6 hectares. A significant woodlot is located
on a portion of the subject lands and other lands have been previously used for
agriculture. No buildings or structures exist on the subject lands.
4.2 Surrounding Uses:
East: Unopened municipal road allowance and Agricultural
North: Agricultural
West: Residential -single detached dwellings
South: Residential -single detached dwelling
5.0 PROVINCIAL POLICY
5.1 1997 Provincial Policv Statement (1997 PPS)
The subject applications were submitted in 2003 (prior to the release of the 2005 PPS)
and will be considered under the 1997 Provincial Policy Statement. The 1997 PPS
identifies settlement areas as the focus of growth and should only be expanded where
existing designated areas in the municipality do not have sufficient land supply to
accommodate the growth projected for the municipality. Development and land use
patterns that would hinder the efficient expansion of settlement areas are not permitted
in adjacent areas. Land requirements and land use patterns will be based on efficient
use of land and infrastructure. Development and site alteration may be permitted on
lands adjacent to significant woodlands if it has been demonstrated that there will be no
negative impacts on the natural features or on the ecological functions for which the
area is identified.
5.2 Greenbelt Plan
The subject applications were submitted in 2003 and prior to the Greenbelt Plan coming
into effect (December 16, 2004). Any decision made with respect to the subject
applications is not required to conform to the Greenbelt Plan.
REPORT NO.: PSD-084-10
PAGE 4
5.3 Growth Plan
The subject applications were submitted in 2003 and prior to the Growth Plan coming
into effect (June 16, 2006). Consideration of the subject applications shall continue as if
the Plan had not come into effect.
ti.0 OFFICIAL PLAN POLICIES
6.1 "The lands are designated "General Agricultural Area" within the Durham Region Official
Plan. General Agricultural Areas shall be used predominantly for agriculture and farm-
related uses. The lands are adjacent to the Hamlet of Hampton and front onto
Ormiston Street. The policies in effect at the time the applications were made would
allow for a minor expansion to the hamlet area boundary subject to a number of
conditions.
6.2 The Clarington Official Plan designates the subject lands "General Agricultural Area".
General Agricultural areas shall be used predominantly for farm and farm-related uses.
The applicant is seeking to expand the hamlet boundary. The "Rural Settlements Area"
policies state that through an official plan amendment to expand the limits of a hamlet, a
settlement capacity study shall be prepared by the proponent to the satisfaction of the
Municipality and the Region of Durham.
7.0 ZONING BY-LAW CONFORMITY
7.1 The subject lands are currently zoned "Agricultural Exception (A-1)", which permits a
single detached dwelling and farm uses. The applicant is requesting an amendment to
Zoning By-law 84-63 which would be appropriate to permit the proposed eight (8) single
detached residential dwellings on lots.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Initial Public Meeting held on January 26, 2004
Public notice was given by mail to each landowner within 120 metres of the subject site
and one public meeting notice sign was installed on the lands, facing Ormiston Street.
Prior to the public meeting, three (3) inquiries were received on this application. All
individuals were looking for further information and asked to be kept informed of
development on this project. No objections or endorsements were offered. A written
letter was received from a homeowner with concerns about possible well contamination
and requested reimbursement should contamination occur in the future.
At the public meeting, seven (7) individuals, including the applicant, made oral
submissions. Environmental protection and water quality were key concerns at the time.
REPORT NO.: PSD-084-10
8.2 Second Public Meeting scheduled for July 5. 2010
PAGE 5
8.3 Public notice was given by mail to each landowner within 120 metres of the subject site
and one public meeting notice sign was installed on the lands, facing Ormiston Street.
8.4 In 2010, three (3) inquiries have been received as a result of the recent notice. All
individuals were looking for a status update on the files and were citing similar concerns
with respect to the environmental protection of the woodlot and water quality. The
individuals requested notification of future meetings.
9.0 AGENCY COMMENTS
9.1 The following agencies provided comments of no objection to the Official Plan
Amendment application:
• Kawartha Pine Ridge District School Board;
• Peterborough Victoria Northumberland and Clarington Catholic District School
Board;
• Enbridge;.
• Rogers Cable; and
• Clarington Emergency Services.
9.2 The Clarington Engineering Services Department has no objection in principle to the
proposed amendment subject to the following conditions:
• The applicant will be required to enter into a development agreement with the
Municipality which will include standard clauses and schedules normally
contained within a residential subdivision agreement, including works cost
estimates, requirements for occupancy, maintenance periods, securities etc.;
• A 4.03 metre road widening along Ormiston Street is to be dedicated to the
Municipality;
• Grading and drainage details require further review and discussion. The overall
stormwater drainage scheme should be revised in such a way that will direct the
majority of stormwater flows to the road allowance on Ormiston Street. The
existing storm sewer located on the south side of Ormiston Street should be
used for additional outfall locations. Collector swales or ditches should be
located on the severed parcels and directed to the Ormiston Street road
allowance;
• Application for property access is required;
• The applicant is responsible for any costs necessary to facilitate the
construction of entrances from the subject property to Ormiston Street; and
• The appropriate cash-in-lieu of parkland contribution is required.
9.3 The Regional Planning Department advised that the subject Official Plan Amendment
application is not exempt from Regional approval. Regional Planning staff have
examined all submitted studies and reports and have provided comments on the
proposal to expand the Hamlet limits.
REPORT NO.: PSD-084-10
PAGE 8
The applicant's hydrogeological work has been peer reviewed in accordance with the
Region's requirements: The proponent's consultant is required to provide written
confirmation on three outstanding items contained in the most recent peer review
document submitted by Golder Associates. The Regional Planning Department has no
objection in principle to the proposed applications and the applicant has satisfied the
Region's policies with respect to the expansion to the hamlet boundary, subject to
receiving the written confirmation on the remaining items. Conditions will be imposed at the
time of lot creation.
9.4 Regional Health has no objection to the proposed official plan and zoning amendments in
' principle, however approval has not been given until more detailed plans are submitted
through the subdivision and or consent approval process. Further plans to be submitted
shall include a site servicing plan for all lots showing proposed and primary reserve file
beds and a surface drainage plan.
9.5 Bell Canada advises that a telecommunication facility easement may be required to
service.these lands and that this easement be noted in any development agreement on
these lands. Also, the Owner shall be requested to enter into an agreement with Bell
Canada complying with any underground servicing conditions imposed by the municipality,
and if no such conditions are imposed the Owner shall advise the municipality of the
arrangement made for such servicing.
9.6 Central Lake Ontario Conservation Authority has been involved in the review of the
Hydrogeological reports and the Stormwater Drainage Reports. While the technical details
of the grading and drainage scheme can be resolved during the detailed design stages,
CLOCA has recently identified concerns with respect to the proposed lot configuration and
the protection of the significant woodlot on the subject lands.
9.7 Comments are still outstanding from Hydro One Networks Inc.
10.0 STAFF COMMENTS
10.1 The lands subject to the official plan application and rezoning application are located on
the north side of Ormiston Street in Hampton. Ormiston Street is an existing paved
municipal road, with street lighting. The Hampton Junior Public School is located on the
south side of Ormiston Street. The subject lands are made up of three parcels, divided
by two unopened, 3 metre wide, municipal lanes.
10.2 The applicant is seeking a re-designation to expand the hamlet boundary. The
Clarington Official Plan states that the predominant use of lands within a hamlet shall be
for single detached dwellings. The applicant is proposing eight (8) new lots ranging in
size from 0.42 ha to 1.09 ha. Each lot is to be serviced by individual private septic
systems and wells. The remainder of the subject lands approximately 13 ha (33 ac.)
would continue to be designated and zoned agricultural, except for those lands
designated and zoned as an environmental protection area to recognize the significant
woodland and buffer area.
REPORT NO.: PSD-084-10
E7
10.3 .Historically, both the Conservation Authority and local residents have expressed
concern about soil contamination, water quantity and water quality in Hampton. This is
due to the high water table, the predominance of clay soils with poor drainage in the
Hampton area, existing shallow wells and existing small lot sizes supporting private
septic systems.
The Proctor & Redfern Group undertook a Secondary Plan Study of the Hamlet of
Hampton on behalf of the Town of Newcastle (now the Municipality of Clarington) in
1989. The results of this study indicated that further expansion of Hampton should be:
limited to minor infilling; a Hydrogeological study be required prior to development; new
wells should be drilled; and that all lots be a minimum of 0.4 ha (1 ac.) in area.
10.4 Following this study, Regional Council adapted hamlet policies for the Town of
Newcastle Official Plan. These policies were further refined and incorporated into the
current Municipality of Clarington Official Plan. The policies state that a proponent shall
prepare a settlement capacity study that includes the following:
• a Hydrogeological Study;
• an assessment of servicing alternatives;
• an assessment of the long-term suitability of the soil conditions for private septic
systems;
• an assessment of surface drainage;
• identification of constraints for development;
• an inventory of cultural resources and assessment of how new growth will be
consistent with the historic character of the area;
• an environmental inventory and assessment of impact of new growth on the
natural, built and cultural environments;
• an assessment of the impact on agricultural lands; and
• conformity to the Minimum Distance Separation Formulae from livestock.
10.5 At this time, the applicant has provided two (2) planning reports, an environmental
assessment report and an addendum report, a stormwater management study and
update, a Hydrogeological Study and revisions thereto. All studies and reports have
been reviewed by Clarington Staff, CLOCA and the Region of Durham. The
Hydrogeologicaltyork has been peer reviewed. The peer review supports the creation of
.eight (8) residential lots serviced by private wells and septic systems, subject to
receiving written confirmation on three outstanding technical items.
10.6 Pending final concurrence on the above noted outstanding items, planning staff from
both the Region of Durham and the Municipality of Clarington are satisfied that the
applicant has met the objectives of the regional and local Official Plans in order to
approve the minor expansion to the Hampton settlement area boundary for the following
reasons:
• A positive peer review of the hydrogeological studies and reports;
• The absence of servicing alternatives -lots will be serviced by private wells and
private septic systems;
• Soil conditions have been addressed by the hydrogeological work;
• Surface drainage will be directed to the street right-of-way and any necessary
drainage easements will be secured through the applications to divide the land;
REPORT NO.: PSD-084-10
PAGE 8
• These lots will have frontage along Ormiston Street which is an existing
municipal street maintained on a year-round basis. Residential lots exist along
the south side of Ormiston Street. Aside from providing adequate protection to
natural heritage features and the suitability of the lands for installing private
services, there are no other known constraints for development. The current
development plan does not landlock the remaining lands as sufficient lands have
been set aside for a future road, although consideration for future development
would be significantly impacted by both the Greenbelt and Growth Plans;
• Zoning requirements will be compatible with existing development in the area;
• The submitted environmental assessment report which identifies the significant
features on the subject lands and derives a buffer area requires approval by
CLOCA;
• The subject lands are not Prime Agricultural lands and lands outside of the
development area can continue to be farmed; and,
• There are no active farm operations within 1 km of the subject lands.
10.7 While the proposed development appears to be nearing completion of the review
process, Staff are withholding their recommendation until the issue of protection of the
significant woodlot, the concurrence on technical matters of the hydrogeological report
and anyother matters raised at the public meeting are resolved.
11.0 CONCLUSIONS
11.1 It is recommended that the applications to amend the Clarington Official Plan and
implementing Zoning By-law 84-63, continue to be processed, including the preparation
of a subsequent report considering all agency comments and concerns raised at the
Public Meeting.
Staff Contact: Anne Taylor Scott
Attachments:
Attachment 1 -Key Map
Attachment 2 -Air Photo
Attachment 3 -Original Severance Plan
Attachment 4 -Proposed Severance Plan
Interested parties to be notified of Council and Committee's decision:
Michael Ricciuto
John Winters
Anne Taylor
Dianne Fothergill
Mark Matheson
Mark Laroque
Libby Racansky
Owen Webster
Beth Webster
Gerry Pearson
Dave Shmyr
Brett Smith
Karen & James Barry Cockerham
Linda Gasser
Brian Annis
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To Report PSD-084-10
Lot 17, Concession 5 _
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®Subject Lands
ZBA 2003-036
Zoning By-law Amendment
COPA 2003-009
Clarington Official Plan Amendment
Owners: Mike, Antonio, Isolina &
Michael Ricciuto, Gina & Russell Stone
Hampton Key Map
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Report PSD-084-10