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HomeMy WebLinkAboutPSD-052-19 Staff 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: December 2, 2019 Report Number: PSD-052-19 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: ZBA2019-0015 By-law Number: Report Subject: Rezoning to facilitate 3 severances at 1535 Ovens Road in Newtonville Recommendations: 1. That Report PSD-052-19 be received; 2. That the proposed Zoning By-law Amendment application, submitted by Will & Nancy Vanniejenhuis, continue to be processed and that a subsequent recommendation report be prepared; and 3. That all interested parties listed in Report PSD-052-19 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PSD-052-19 1. Application Details 1.1 Owner: Will and Nancy Vanniejenhuis 1.2 Agent: Rich Bouma 1.3 Proposal: Proposal is to rezone the property from “Agricultural (A)” to facilitate the creation of 3 new lots at 1535 Ovens Road in Newtonville. 1.4 Area: The subject lands are 8.7 ha (21.5 acres). Each proposed lot is approximately 1 acre (4,000 square metres), which leaves a retained lot of approximately 18 acres (7.4 ha). 1.5 Location: 1535 Ovens Road, Newtonville 1.6 Roll Number: 1817-030-010-13450 1.7 Within Built Boundary: No 2. Background 2.1 On September 6, 2019 the Municipality received an application to amend Zoning By-law 84-63. The purpose of the rezoning is to facilitate the severance of three new lots within the hamlet of Newtonville. The property is currently zoned “Agricultural (A)”, which would not permit the proposed 1 acre lots due to the minimum lot area requirement of 40 hectares in the Agricultural Zone. The applicants are requesting a portion of the lands be rezoned to permit the three lot severances, consistent with the Clarington Official Plan designation. Report Overview The Municipality is seeking public input on an application to rezone a property located within the Hamlet of Newtonville from Agricultural (A) to an appropriate zone to facilitate the creation of 3 new lots. The existing lot contains a single-family dwelling, accessory buildings, agricultural lands and environmental features. As part of the application process, the applicant was required to submit an Environmental Impact Study and a Hydrogeological Study to determine the development limits and if there will be any impacts on the natural heritage features. The Municipality and agencies will review the findings of the studies to determine development limits, in accordance with policies and regulations. Municipality of Clarington Page 3 Report PSD-052-19 2.2 The applicant submitted the following studies and reports in support of the development. These studies and reports have been reviewed by staff and agencies and are summarized in Section 7 of this report. Environmental Impact Study, prepared by Niblett Environmental Associates Inc. Hydrogeological Assessment, prepared by GHD Site Screening Questionnaire, prepared by GHD 2.3 On September 23, 2019 the Municipality deemed the application complete and circulated it to agencies and departments for comments. Comments were forwarded to the applicant on November 7, 2019. A summary of the comments is contained in Section 9 and 10 of this report. The applicant has indicated that they will be submitting revised reports and drawings in order to address the comments. Municipality of Clarington Page 4 Report PSD-052-19 3. Land Use Characteristics 3.1 The subject lands are located within the hamlet of Newtonville on the east side of Ovens Road. The existing lot contains a single family dwelling, accessory buildings, agricultural lands, a pond, and environmental features. It is located just south of Regional Highway 2 and north of Highway 401. The subject property is serviced by municipal water and privately serviced for sewage. The lands gradually slope towards Highway 401. 3.2 The surrounding land uses are as follows: North – Single detached residential homes on large lots and further north is Regional Highway 2 South – One residential lot and Highway 401 East – Predominantly agricultural fields and wooded areas West – Predominantly wooded areas and Bouchette Point Creek 4. Provincial Policy Provincial Policy Statement 4.1 Rural settlement areas are to be the focus of growth and development in order to achieve the long term economic prosperity of Ontario communities. Appropriate use of land within these areas are based on efficient use of land, resources, and infrastructure, and to minimize public expenditures. The proposal to create three additional lots represents an opportunity for infill development within a hamlet utilizing existing municipal water Municipality of Clarington Page 5 Report PSD-052-19 services and road infrastructure. Development should avoid any risks to public health and safety and minimize any impacts on the natural environment. Greenbelt Plan 4.2 Newtonville is a hamlet within the Protected Countryside of the Provincial Greenbelt Plan. Hamlets are subject to the policies of the Growth Plan and the local Official Plans and must have regard for the greater connectivity of the natural heritage system and its functions. Limited growth is permitted through infill and intensification of hamlets, subject to appropriate water and sewage services. Growth Plan 4.3 Municipalities are encouraged to plan for a variety of cultural and economic opportunities within rural settlement areas to serve the needs of rural residents and area businesses. New multiple lots or units for residential development will be directed to settlement areas, such as the hamlet of Newtonville. 5. Official Plans Durham Regional Official Plan 5.1 The subject site is designated “Hamlet” in the Durham Region Official Plan. Hamlets consist of predominately single detached dwelling units. New developments within hamlets are required to complement existing building types. Hamlets may accommodate limited growth if they are considered suitable for further development. 5.2 The hamlet of Newtonville is serviced by municipal water and private sewage disposal. Further discussion regarding servicing of the proposed lots is contained in Section 9 - Agency Comments and Section 11 – Discussion of if this report. 5.3 The Official Plan identifies Key Natural Heritage and Hydrological Features in the southern and eastern portion of the site. The creation of new lots for development is not permitted in these features, including their associated vegetation protection zone. The location and extent of the features and their associated vegetation protection zones, are to be refined in more detail through site-specific studies. Clarington Official Plan 5.4 The Clarington Official Plan designates the property “Hamlet”, “Environmental Protection”, and “Greenspace”. The predominant use of lands within the hamlet designation shall be residential uses, specifically, single detached dwellings. Individual land severances may be considered provided they do not jeopardize the future development of the hamlet. Any new residential lot, with or without a municipal water system shall: Have a minimum lot size of approximately 0.4 ha (1 acre); Municipality of Clarington Page 6 Report PSD-052-19 Meet the requirements of the Durham Region Health Department; Provide a primary and reserve area for a conventional septic tile field area; in the event that development is serviced by approved alternatives, the size of the residential lot may be reduced subject to appropriate studies; and Provide a technical report that demonstrates that 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. 5.5 In Newtonville, the policies allow the minimum lot size to be reduced below 0.4 ha provided an engineering study, satisfactory to all approval agencies is submitted. 5.6 The creation of new lots for development is not permitted in natural heritage or hydrologically sensitive features or their respective vegetation protection zone. The EIS has identified environmental features, including threatened species habitat, on the subject lands. Confirmation from the Ministry of Natural Resources and Forestry is required to ensure development can proceed in the threatened species habitat area. 5.7 The Official Plan policies allow the refinements of the natural heritage feature boundaries, through a site specific study, without the need for an amendment to the Official Plan. Confirmation is also required to ensure that the proposed lot lines and any new development is outside the features and the vegetation protection zone. 6. Zoning By-law 6.1 The property is zoned “Agricultural (A)”. Under the Agricultural Zone, the minimum lot area and frontage requirements are greater than the requirements in a “Residential Hamlet” Zone, therefore limiting the ability to sever the subject property. The agricultural zone is used in many settlement areas to recognize historical land uses. The Zoning By- law has not been updated to recognize the areas within the settlement boundaries that have development potential. The historical zone remains in place until the property can be further evaluated and zoned appropriately. 6.2 The rezoning application was submitted to facilitate the proposed severances and update the zoning for this specific property. 7. Summary of Background Studies Environmental Impact Study 7.1 The applicant retained Niblett Environmental Associates Inc. to prepare an Environmental Impact Study (EIS) to support the development proposal. 7.2 The EIS concluded that the proposed severances would not result in negative impacts on the natural heritage features or their functions, provided that the proponent follows the mitigation measures recommended in the report, including the requirements to consult Municipality of Clarington Page 7 Report PSD-052-19 with the Ministry regarding the presence of the threatened species habitat and appropriate mitigation measures. 7.3 Staff and commenting agencies have reviewed the EIS and have identified comments to be addressed by the applicant’s consultant, including: Defining the potential building envelope for a new single detached dwelling and the septic bed area on the retained lands. This is especially important since the proposed retained lot does not have a dwelling on it, and this is where all the natural features are located; Providing an illustration which clearly indicates that the proposed lot lines will be outside the natural heritage features and the minimum vegetation protection zone (MVPZ). The southern lot appears as though it would encroach into the Minimum Vegetation Protection Area. The natural features and the MVPZ cannot be included in the proposed lots; and Further clarification of the exact location of the fish habitat and the significant woodlands, as well as their associated vegetation protection zone on the property. Hydrogeological Assessment 7.4 A Hydrogeological Assessment was prepared by GHD to support the development. The report concludes that the installation of the proposed sewage disposal systems will not result in unacceptable degradation of the shallow groundwater. The severed properties will be serviced by Municipal water. 7.5 Staff have reviewed the report and provided comments to the applicant. Further revisions are required to ensure consistency between the EIS and the Hydrogeological Assessment. The Region of Durham Health Department has indicated that Municipal water service is available to the subject site from Ovens Road, however the watermain ends at the existing residential dwelling. The proponent will be responsible to design and construct the extension of the watermain and a fire hydrant to facilitate the proposed severances, to the satisfaction of the Region. Site Screening Questionnaire 7.6 A site screening questionnaire was prepared by GHD in support of the development application. The report concludes that the subject lands do not contain any indicators that there is potential site contamination and therefore the site is suitable for the proposed severances. The Region of Durham concur with these findings. 8. Public Submissions 8.1 A notice of the Public Meeting was mailed on November 1, 2019. One Public meeting sign was posted on the subject property. The notice was posted on the municipal website and in the Clarington E-update. Municipality of Clarington Page 8 Report PSD-052-19 8.2 At the time of writing this report, no area land owners or residents have contacted staff regarding the proposal. 9. Agency Comments Ministry of Transportation 9.1 The Ministry of Transportation has no objection to the rezoning. Any future development on the retained lands must maintain a minimum 14 metres setback from the MTO Highway 401 right-of-way. Regional Municipality of Durham 9.2 Regional Planning provided comments advising that they have no objection to the rezoning provided that the proponent receive documentation from the Ministry demonstrating that the proposed development will have no negative effects on the identified threatened species, prior to passing the zoning by-law amendment, or alternatively be subject to a “H” holding provision. 9.3 The Region also stated that the three severed lots and the retained lot must be connected to municipal water services and that the existing dug well on the property must be abandoned in accordance with the Ministry’s regulations. As mentioned in Section 7.5 of this report, the existing watermain will need to be extended further south in order to facilitate the proposed lots. The cost of this will be the responsibility of the proponent, including the $6,000/lot buy in rights payment for the watermain extension. Ganaraska Region Conservation Authority 9.4 The proposed lots are outside the conservation authority’s regulated area and therefore GRCA has no objection to the rezoning of the proposed lots. The retained lands will have the potential to build a single detached dwelling, once the severances are approved. The retained lands contain environmental features. These environmental features should be identified and zoned appropriately as part of the Zoning By-law Amendment. The appropriate building envelope for the retained lot shall be reviewed by GRCA staff. GRCA Staff also have several comments to be addressed in the revised EIS report. 10. Departmental Comments Engineering Services 10.1 Engineering Services does not have any objections in principle, to the proposed zoning change. Further comments will be provided at the land severance application stage. Emergency and Fire Services 10.2 Emergency and Fire Services does not object to the rezoning. Municipality of Clarington Page 9 Report PSD-052-19 Municipality of Clarington Page 10 Report PSD-052-19 Building Division 10.3 The Building Division has no comments or objections to the rezoning. Operations Department 10.4 The Operations Department has no objections to the rezoning. Comments related to mud tracking to and from the site during construction and vehicle load restrictions were provided. It was also noted that the construction on Ovens Road for connection to municipal water must reconstruct the road to good or better condition than it was prior to hook up. Flow drainage features, such as ditches and swales, are to be maintained at all times. 11. Discussion 11.1 The subject lands are zoned Agricultural (A) and are requested to be rezoned to Residential Hamlet (RH) which permits detached dwellings on 4,000 sq.m. lots (1 acre). As part of this application the Municipality will also zone the natural heritage features, and their associated setbacks, as Environmental Protection Areas to be consistent with the Clarington Official Plan policies. 11.2 The proposed Zoning By-law Amendment to facilitate the severances within the hamlet of Newtonville is generally permitted in the Clarington Official Plan. The Environmental Impact Study will need to be revised to establish a building envelope on the retained lands, which contains the natural heritage features and the vegetation protection zone. As part of any development application, where a property contains a feature, the Municipality can seek to protect and enhance the feature. This can be achieved by establishing the limits of the features and their associated buffers and prohibiting development within these areas. The vegetation protection areas will be included in the proposed Environmental Protection Zone. 11.3 Staff have had preliminary discussions with the proponent about the revisions or clarifications to the EIS and the Hydrogeological Assessment. The proponent has been working in corporation with Municipal Staff to revise the reports and address the comments. 11.4 A Holding (H) Symbol can be placed on the property until confirmation has been obtained from the Ministry on the potential impacts to the threatened species habitat. It will also ensure that services are constructed to the satisfaction of the Region of Durham and the Municipality. 11.5 The applicant’s proposal will be further refined through the continued discussions and review of the application. The purpose of the Public Meeting is to provide an opportunity for further comments from the public or local residents. The comments received will be considered as part of the ongoing review of the application and will be addressed in a subsequent recommendation report. Municipality of Clarington Page 11 Report PSD-052-19 12. Conclusion The purpose of this report is to provide background information for the Public Meeting on the proposed zoning by-law amendment to facilitate the creation of three new residential lots in the hamlet of Newtonville. Staff will continue to process the application and prepare a subsequent report once an acceptable resolution of the identified issues has been completed. Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri@clarington.net List of Interested Parties is available from the Planning Services Department.