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Home My WebLink AboutPD-95-98DN: PD-95.98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File#~K1•~e.J• 9b•C~S Date: Monday, July 13, 1998 Res. #C~Pf~ -~38"9g Report #: PD-95-98 FILE #: DEV 96-055 By-law # Subject: REZONING APPLICATION APPLICANT: OCEANFRONT DEVELOPMENTS LTD. PART LOTS 32 AND 33, CONC. 7, FORMER TOWNSHIP OF CLARKE FILE: DEV 96-055 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-95-98 be received ; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, submitted by WDM Consultants on behalf of Oceanfront Developments Ltd., be APPROVED; 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of the report and the amending By-law be forwarded to the Durham Region Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Oceanfront Developments Ltd. 1.2 Application: From "Agricultural Exception (A-1)", and "Environmental Protection (EP)" to an appropriate zone to permit the development of four (4) hamlet residential lots. 699003 REPORT NO.: PD- 95-98 PAGE 2 1.3 Area: The four lots will have sizes of 0.59 ha, 1.03 ha, 0.963 ha and 2.14 ha, for a total lot area of 4.72 hectares. 2. LOCATION 2.1 The subject property is located on the south side of Concession Road 8, Part Lots 32 and 33, Concession 7, former Township of Clarke (Attachment No. 1). The proposed lots are currently part of a 62.6 hectare agricultural property. 3. LAND USES 3.1 Surrounding Uses: North - South - East - West - 4. BACKGROUND hamlet residential Wilmot Creek and agricultural Wilmot Creek and hamlet residential agricultural 4.1 On October 16, 1996, an application to rezone the subject lands was submitted to the Clarington Planning Department. The entire property was previously subject to an Official Plan Amendment application (OPA 87-025/D), filed by the same applicant, to create a 22 lot residential subdivision. This latter application has since been withdrawn. The applicant has also recently filed for consent to sever the proposed lots (LD 179/98 to LD 182/98). Staff have recommended approval of the land divisions subject to a number of conditions, one of which includes the approval of this rezoning application. 5. PUBLIC NOTICE 5.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, a Public Meeting was held on December 2, 1996. At that time one 699004 REPORT NO.: PD- 95-98 PAGE3 neighbourhood resident spoke on behalf of a small group of Leskard residents. The resident noted that the neighbours were not opposed to the development of the lots provided that Wilmot Creek and its floodplain were preserved. The application was "referred back to staff for further processing and the preparation of a subsequent report...". 6. OFFICIAL PLAN POLICIES 6.1 The subject property is designated "Hamlet" within the Durham Region Official Plan. Hamlets are to be the predominant location for rural settlement and minor infilling within hamlets are permitted. The application conforms with the Durham Region Official Plan. 6.2 The Clarington Official Plan has designated the portion to be rezoned as "Hamlet Residential" and "Environmental Protection (EP)". Map C, the "Natural Features and Land Characteristics Map", shows that Wilmot Creek passes through the easterly portion of the lands and for this reason they have been identified as hazard lands. Hazard lands are unsafe to develop or build upon due to natural hazards such as flooding, steep slopes and poor soils. Section 4.3.8 of the Clarington Official Plan requires that an Environmental Impact Study (EIS) be undertaken for development applications located within or adjacent to any natural feature identified on Map C. This issue will be discussed in Section 9 of this report. 6.3 Rural residential development is encouraged to locate within hamlets. Section 12.4.4 of the Clarington Official Plan states that individual land severance may be considered provided the future development of the hamlet is not jeopardised and that Section 12.3.5 of the Plan is satisfied. This latter section requires new residential lots to: 699005 REPORT NO.: PD- 95-98 PAGE4 • have a minimum lot size of 0.4 hectares; • meet the requirements of the Durham Region Health Services Department; • provide a primary and reserve conventional the field area; and • provide a technical report that demonstrates 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. Conformance with Sections 12.4.4 and 12.3.5 will be addressed in Section 9 of this report. 7. ZONING BY-LAW 7.1 The subject lands are zoned °Agricultural Exception (A-1)", "Environmental Protection (EP)", and "Residential Hamlet (RH)" within the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The proposed hamlet residential lots are located in the north east corner of the property. Wilmot Creek flows through the most easterly lot and the flood plain of the creek is zoned Environmental Protection. There is a small portion of the subject lands in the south east corner, on the east side of the Creek, which is zoned Residential Hamlet. The balance of this lot, as well as the remaining three lots, are zoned Agricultural Exception. The minimum size for a lot in the Agricultural Exception zone is 40 hectares, unless the lot is to be used for retirement purposes. As these lots are for hamlet residential development, a rezoning is required. 8. AGENCY COMMENTS 8.1 The application was circulated to the appropriate departments and agencies for comment. Comments of no objection have been received from the Clarington Fire Department. 699005 REPORT NO.: PD- 95-98 PAGES 8.2 The Region of Durham Planning Department had requested that the Minimum Distance Separation (MDS) Policy of the Ministry of Agriculture, Food and Rural Affairs be addressed prior to consideration of the amendment. A Holding symbol was suggested to be placed on the proposed lots should the barn on the larger farm parcel have to be removed in order for the four lots to meet the MDS requirement. Since these comments were received, the Regional Planning Department has provided confirmation that the MDS Policy has been fulfilled. Therefore, a Holding symbol is not necessary. 8.3 Previous comments from the Region of Durham Health Department requested that approval of the proposal be held in abeyance subject to the following: • submission of a detailed site plan indicating proposed prime and 100% reserve conventional sewage system areas including drilled wells; • a surface drainage plan; and • an engineer's report for the design of the proposed sewage system. The applicant has since fulfilled all of these requirements and the Health Department has no objection to approval of the rezoning. 8.4 The Ganaraska Region Conservation Authority had requested a draft site plan showing building envelopes, grading, sedimentation and erosion control prior to finalizing their comments on the application. This plan has been submitted for review and the Authority has responded with no objection to the proposed site plan. Ganaraska has also noted that there is groundwater seepage at the road frontage of the two most easterly lots. To properly address the significance of the groundwater, or the mitigation methods to prevent any impacts to its flow, they 69907 REPORT NO.: PD- 95-98 PAGE 6 request that appropriate clauses be included in the Development Agreement to be registered as part of the land division approval process. 8.5 The Clarington Public Works Department objected to approval of the entrance locations of the four lots as originally proposed. The applicant has since revised the entrance locations and the Public Works Department has no further objections. They have requested that the 5°~ cash-in-lieu of parkland dedication be collected as one of their conditions of approval of the applications for consent. 9. STAFF COMMENTS 9.1 The Clarington Official Plan states that individual land severance may be considered provided the future development of the hamlet is not jeopardized. These four lots are located on the south side of Concession Road 8, immediately west of Wilmot Creek. Leskard has developed on the east and west sides of Leskard Road. The north side of Concession Road 8, across from the proposed lots, and the north and south sides of Concession Road 8, in the area east of the Leskard Road intersection, have also been developed as part of the hamlet. The severance of these lots, therefore, is a natural extension of hamlet residential use. 9.2 Section 12.3.5 of the Clarington Official Plan states that new residential lots shall: • have a minimum lot size of 0.4 hectares; • meet the requirements of the Durham Region Health Services Department; • provide a primary and reserve conventional the field area; and • provide a technical report that demonstrates 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. Each of the proposed lots is in excess of 0.4 hectares. The Durham Region Health Department has confirmed that all of their requirements for rezoning have been 699008 REPORT NO.: PD- 95-98 PAGE 7 met. They will review the final sewage system locations for each lot when applications for a building permit are submitted. The applicant has submitted a Hydrogeologic Assessment report prepared by Gibson Associates which indicates primary and reserve conventional the field areas. This report was forwarded to the Ganaraska Region Conservation Authority and the Region of Durham Health Department for review and comment. Both have confirmed that the the field areas are suitable. The Hydrogeological Assessment concludes that an excellent potential exists for adequate potable water supply and no adverse impacts are predicted. Private servicing with individual drilled wells and conventional leaching beds are not expected to interfere with adjacent off-site private wells, or with the baseflow or water quality of Wilmot Creek. The Ministry of Environment Reasonable Use Policy does not apply to this development since the average sewage flows are significantly less than 4.5 m'/day. In addition, the distance to Wilmot Creek from the proposed sewage systems is sufficiently large such that no adverse impact is anticipated from the viewpoint of the Provincial Water Quality Objectives. 9.3 Planning Staff, in consultation with the Ganaraska Region Conservation Authority, have reviewed the proposed rezoning for its conformance with Section 4.3.8 of the Clarington Official Plan. This policy states that an Environmental Impact Study (EIS) shall be undertaken for development applications located within or adjacent to any natural feature identified on Map C. On October 16, 1996, Council approved the Guidelines for the preparation of Environmental Impact Studies in accordance with Section 4.3.8 of the Clarington Official Plan. Section 2.1.4 of the Guideline notes that lands which are located within 50 metres of the top of bank of the valley for a cold water or warm water 699009 REPORT NO.: PD- 95-98 PAGE8 stream shall be considered to be "adjacent to" a natural feature, and therefore shall be subject to an EIS. The most easterly of the proposed lots has Wilmot Creek, a natural feature, running through its southeast corner. The Ganaraska Region Conservation Authority has informed staff that the top of bank for Wilmot Creek is very close to the watercourse itself. The Authority has determined that the residential development of this lot will be 50 metres or more back from the top of bank line. In comments provided to staff, Ganaraska has stated: "Given the building setbacks from the watercourse and top of bank, an Environmental Impact Study does not seem warranted. All proposed development is beyond the 50 metre guideline. Controlled residential development at this location will cause less impact than the previous agricultural uses, and appears to meet the intent of the environmental policies of the Clarington Official Plan." Staff are also satisfied that an EIS is not required if development is kept a minimum of 50 metres away from the top of bank line. In order to ensure that the 50 metre setback is maintained, staff will assign an exception to the residential hamlet zoning for the most easterly lot. All development will be required to maintain a minimum 50 m setback from the Environmental Protection boundary, which is the top of bank line for this lot. 9.4 Both the Hydrogeologic Assessment submitted for review, and aerial photos on file of the property, show that there is a woodlot in the southeast corner of the most easterly lot. By-law 84-63 currently has zoned this triangular piece as "Residential Hamlet (RH)". In order to maintain the integrity of the woodlot around the Wilmot b99010 REPORT NO.: PD- 95-98 PAGE 9 Creek bed staff propose to change the RH zone to "Environmental Protection (EP)", as identified on the attached by-law amendment. The application, as filed, did not propose to alter any of the Environmental Protection zoning which is associated with Wilmot Creek. The only lands which will be subject to rezoning for residential development will be the Agricultural Exception zoning to the west of the Creek. These lands will be changed to Residential Hamlet and Residential Hamlet Exception to accommodate the residential use on the four lots. 10. CONCLUSIONS 10.1 In light of the above comments, staff would respectfully recommend that the By-law amendment attached hereto to permit the development of four (4) hamlet residential lots be APPROVED. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development IL*FW*df June 22, 1998 Attachment No. 1: Key Map Attachment No. 2: Zoning by-law Reviewed by, W.H. Stockwell, Chief Administrative Officer. 699011 REPORT NO.: PD- 95-98 PAGE 10 Interested parties to be notified of Council and Committee's decision: Mr. Walter Frank Oceanfront Developments Ltd. 80 Athol Street East OSHAWA, Ontario Ll H 8B4 Ms. Karen Chester 7560 Leskard Road ORONO, Ontario LOB 1M0 Mr. Steve Fracz R.R. #8 NEWCASTLE, Ontario L1B 1L9 Mr. William Clark CAW Legal Services Oshawa Shopping Centre Oshawa Executive Tower Suite 603, King Street West OSHAWA, Ontario L1J 2K5 Mr. B. Bleasdale R.R.#2 3324 Concession Road 8 ORONO, Ontario LOB 1 MO 699012 ATTACHMENT NO. 1 ® SUBJECT SITE LOT 34 LOT 33 LOT 32 LOT 31 LOT 30 i~ ~ o a ~ I ~ a O o ~i N ~ ~ ii i~ ~ p ~ ~~ ~Q' i U ~ ~~ ~ ~ ~ Z ~L w pig O ~ ~- i i U li ~ ~ ' ' ~~CO CESSION 1 I~ '~ ~ I I I~ ~~ d I~ _ I I °I I - IL ESKAf~Q `' aio ~/ ii ~ ~i ~ ~ ~ I o ~~m i ~ ~ ~ - ~i~ Z ~i O Z ~ ' > ~ I i (n I ~ ~ ~ j i; w ~ i~ ~ ii O __ ii ii U - ii j ~i ~ ii iii ii ii S CLARKE D E V. 96-055 KEY MAP 694013 ATTACHMENT N0.2 THE CORPORATION OF THE MUNICIPAILTY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHREAS, 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 implement DEV 96-055; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 9.3 "SPECIAL EXCEPTION -RESIDENTIAL HAMLET (RH) ZONE" is hereby amended by adding thereto, the following new Special Exception 9.3.20 as follows: "9.3.20 RESIDENTIAL EXCEPTION (RH-20) ZONE Notwithstanding the provisions of Section 3.20, those lands zoned RH-20 on the Schedules to this By-law shall maintain a minimum 50 metre setback from the Environmental Protection zone boundary as determined by the Ganaraska Region Conservation Authority. 2. Schedule "74" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-7)" to "Residential Hamlet Exception (RH-20)" as illustrated on the attached Schedule "A" hereto. "Agricultural Exception (A-1)" to "Residential Hamlet (RH)" as illustrated on the attached Schedule "A" hereto. "Residential Hamlet (RH)" to "Environmental Protection {EP)" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of passing thereof, subject tot he provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of t 998. MAYOR } ^ CLERK C1Q9~J i `i This is Sch edule "A" to By-law 98- , passed this day of , 1998 A. D. LOT 33 LOT 32 CONCESSION ROAD 8 ao.oo F- ~o.oo --If ss.aa -I- 1s1.oa --i 3 o 0 w °~' 3 ~ ~ z w0 WU o N ~ ~~ ~ " z ~ WV1 ~O Z fV .- O Z 0 ~ ~~i 3 0~ ~n ~ ~ of ro ~J..~ `~ U ~" Z _.__ O I+ I I 312.52 M2° 15' 20"E ~ U ® ZONING CHANGE FROM "A-1" TO "RH" ® ZONING CHANGE FROM "A-1" T O "RH-20" ZONING CHANGE FROM "RH" TO "EP" ® ZONING TO REMAIN "EP" Q 25 SO 160m 44~~ Mayor _ 0 Clerk LOT 34 LOT 33 LOT 32 LOT 31 LOT 30 ~I ~ ~' ! it o ~ I m ~ it ~ ~~ ! U p ~ ~ ~ ~~',,~, Z WjQOii O Y, I I `~COt~CESSION -Rpfi~~ ~ ~~ _~` I~ m q ~M ~~ ~~ LESKAR ID ' ~ U I I I QI I ~ o Q 1m Y~Qvry11 I a ilLl r~ -{ I ~ ~ Z I 9 y ~~` _ I ~ . ~ / C 1F a ~ t , I (n O i __. . _ m° ~ ~`"~ ~I U . I ~ r _ N m I I I ~ 1 , -1 , I , I U LESKAR D I h. I C I ~,'~ I Ei9~~