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HomeMy WebLinkAboutPD-121-98DN: P0.121 -98 THE CORPORATION OF THE MUNICIPALITY OF CLALINGTON REPORT Meeting: Date: General Purpose and Administration Committee Monday, October 19, 1998 Report #: PD-121-98 FILE #: DEV 98-010 File #DYa D~,~.°t~s-oio Res. #(-,PY~ `fig By-law # Subject: REZONING APPLICATION -APPLICANT: GLEN & BARBARA PARKS PART LOT 20, CONCESSION 7, FORMER TOWNSHIP OF DARLINGTON 5 SUNNY RIDGE TRAIL, ENNISKILLEN FILE NO.: DEV 98-010 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-121-98 be received ; 2. THAT the application to amend Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Glen and Barbara Parks to reduce the minimum lot size from 0.8 hectares to 0.4 hectares be DENIED; 3. 4. 1. 1.1 1.2 1.3 THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and, THAT all interested parties listed in this report and any delegations be advised of Council's decision. APPLICATION DETAILS Owner: Glen and Barbara Parks Appl icant/Agent: Rezoning: 1.4 Area: 1.5 Location: (same as owners) from "Residential Hamlet Exception (RH-3)" to an appropriate zone in order to permit a reduction in minimum lot area from 0.8 hectares to 0.4 hectares 0.83 hectares (2.05 acres) - by informal description -south-east of the T-intersection of Sunny Ridge Trail and Holt Road in south-western Enniskillen; - by municipal address - 5 Sunny Ridge Trail, Enniskillen; and, bul REPORT NO.: PD-121-98 PAGE 2 - by legal description -Part Lot 20, Concession 7, former Township of Darlington (see Attachment No. 1). 2. BACKGROUND 2.1 On February 13, 1998, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the severance of one (1) residential lot into two (2) residential lots. 2.2 A public meeting for the rezoning was held on April 6, 1998. No one spoke in support of the rezoning application, other than the owner/applicant. 2.3 One resident spoke in objection on behalf of himself and many other resident and non-resident owners. He submitted a petition of signatures to verify his claim. He stated they were all strongly opposed to the application. He also said that the Town of Newcastle wanted a distinctive community and therefore, approved two (2) acre lots and the Municipality of Clarington should not reverse this position. The resident argued that the creation of smaller lots within the subdivision would lead to smaller houses and this would undermine the aesthetics of the neighbourhood. He maintained that the wishes of the 14 neighbouring households shouldn't be overruled by one household. 2.4 Mr. AI Goheen, the developer of the subdivision and the owner of three lots in the subdivision, stated that through volunteerism, he has been able to maintain the original aesthetics of the subdivision. He said he opposed the rezoning application to divide this two (2) acre lot into two one (1) acre lots. 2.5 Subsequent to the public meeting, a number of residents contacted Staff, although many of them were the same individuals who had contacted Staff prior to the public meeting. b~2 REPORT NO.: PD-121-98 PAGE3 3. EXISTING AND SURROUNDING USES 3.1 The site is currently vacant. 3.2 The surrounding land uses are as follows: (See Attachment No. 1) North - a residence South - vacant lot East - vacant lot West - unopened portion of Holt Road and beyond this road, Enniskillen Conservation Area. 4. OFFICIAL PLAN CONFORMITY 4.1 Durham Regional Official Plan 4.1.1 Sunny Ridge Trail Subdivision was draft approved in 1982 within the policy framework of the 1976 Durham Regional Official Plan, which required approximately two (2) acre residential lots for all estate residential subdivisions. 4.1.2 Within the 1991 Durham Regional Official Plan, the subject property appears to be in the hamlet designation of Enniskillen. Hamlet boundaries and the details of the land uses within them are to be provided in local official plans. Staff notes that the above Plan states "the growth of rural settlements shall occur with careful consideration given to the natural, built and cultural environments" and "hamlets shall be developed in harmony with surrounding uses". These two policies imply that due consideration must be given to land use compatibility in the review of development applications. Staff is of the opinion that this rezoning application to reduce the lot size from two (2) acres to one (1) acre does not meet the intent of the above-noted policies. For the subject property, there is a built environment context of two acre lots and this proposed rezoning is contrary to that context. Given this situation it appears the intent of the 1991 Durham Regional Official Plan has not been met. 6u3 REPORT NO.: PD-121-98 PAGE4 4.2 Clarington Official Plan Within the Clarington Official Plan, the subject property is designated Hamlet Residential. The application conforms to the land use designation and the minimum lot size requirement of 0.4 hectares (1 acre). However, the Plan requires development within a hamlet to "provide housing designed to complement the architecture of existing buildings". The introduction of smaller lot areas may encourage the introduction of smaller homes and that might not complement the architecture of the existing homes. 5. ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned Residential Hamlet Exception (RH-3). The division of the (1) 0.83 ha residential lot into two (2) residential lots of approximately 0.4 ha (see Attachment No. 2) is not allowed in this zone which has a minimum lot area of 0.8 ha. Hence the submission of the rezoning application. 6. AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. Bell Canada has yet to send comments. No objections were received from the Clarington Fire Department, the Kawartha Pine Ridge District School Board, the Separate School Board and Ontario Hydro. All other comments received to date and as set out below reflect the current position of each agency/department. 6.2 The Clarington Public Works Department, Engineering Division has concluded that an increased number of dwelling units, as proposed through rezoning, will not impact the existing subdivision. b L `+ REPORT NO.: PD-121-98 PAGE 5 6.3 The Regional Health Department confirmed receipt of a report from Gibson & Associates Ltd. and noted that the lot servicing plan proposed is suitable to the Department. The Regional Health Department also noted that there is concern that other lots within the subdivision may be divided and therefore significantly reducing the area for private sewage disposal as well as on site dilution of septic effluent. 6.4 The Regional Planning Department acknowledged the Health Department comments and re-confirmed that if any other lots are proposed in the vicinity, then the appropriate applications would have to justify the private lot servicing and dilution of effluent. 6.5 Central Lake Ontario Conservation Staff commented that the Gibson & Associates Ltd. Report indicated that Lot 1 can be severed and still meet septic requirements and not impact upon Bowmanville Creek from the viewpoint of Provincial Water Quality Objectives. Staff do not expect any adverse impacts upon Bowmanville Creek and given this, has no objections to the application, although prior to any filling or grading on the site, the written approval of the Authority will be required. 7. STAFF COMMENTS 7.1 All outstanding items from the agency comments have been addressed. This includes any health concerns that might be of concern to the Regional Health Department. With regards to this application, there are no health concerns or any other problems of a technical nature. 7.2 The residents of the subdivision have two basic concerns, minimum lot size and minimum house size, i.e. floor area. Some residents noted that smaller lot and/or house sizes could negatively impact property values. UUJ REPORT NO.: PD-121-98 PAGE6 7.3 The Sunny Ridge Trail Subdivision was draft approved on June 16, 1982. Subsequently, twenty-two (22) two-acre lots were registered on October 26, 1988. Since 1988, the subdivision has been gradually built-up to today where there are 14 houses and 8 vacant lots (see Attachment No. 1). 7.4 The Subdivision Agreement stipulates that all builders within the subdivision must comply with the architectural control requirements of the Agreement. The primary requirement is that the external walls must be 40% brick. The developer is free to impose a higher level of architectural control if he wishes to. As well, any property owner is responsible for following the building permit process and complying with the lot grading and drainage master plan for the subdivision. 7.5 The Subdivision Agreement does not contain any restriction on dwelling size. The only restriction the Municipality enforces is the minimum floor area requirement (110 square metres - 1,184 square feet) specified in the 'Residential Hamlet (RH)' Zone. It is Staff's understanding that size restriction other than this, is contained within a covenant that the developer registered on title. The Municipality is not a party to this covenant and as such has no power to enforce it. In short, what this covenant amounts to is a private agreement. 7.6 As a result of this rezoning application, Staff has examined the subdivision to determine the extent to which this application, if approved, could be a precedent for lots seeking a rezoning to reduce both the minimum lot area and the minimum frontage. In this regard, all of the other seven vacant lots are potential candidates for severances subject to the owners being able to obtain rezoning to reduce lot area as proposed by the Parks, and also to reduce lot frontage. In addition, depending on the siting of dwellings, their wells, septic and reserve septic beds, on the occupied lots, it may be possible for two neighbouring property owners to jointly create a new lot 6~~6 REPORT NO.: PD-121-98 PAGE 7 between their existing dwellings. Two two-acre lots could be divided into three (3) 1.33 acre lots. 7.7 Staff would note that in regard to reducing minimum lot area there is no previous similar rezoning application among Hamlet Residential and Country Residential Subdivisions. Reducing the minimum lot area by half (from 0.8 ha to 0.4 ha) is a substantial reduction and can be considered not in keeping with the existing built form of the subdivision. 7.8 With respect to the need for one (1) acre lots, Staff research indicates that in the area, i.e. former Darlington Township north of Taunton Road, in all draft approved or registered subdivisions, there are eighty-four (84) vacant lots of 1.49 acres or less but, only twenty-two (22) vacant lots of 1.50 to 2.60 acres. It appears there is no shortage of one (1) acre lots. 7.9 In general, a one (1) acre lot is an acceptable lot size in a hamlet setting. Although the Sunny Ridge Trail Subdivision is located within the Hamlet of Enniskillen limits as defined by the Clarington Official Plan, it is a distinct community, separated by valleylands from the main, historic community of Enniskillen where the lots and houses are older and smaller. In this regard, we feel that the residents' concerns are valid and the proposed rezoning to reduce the lot size substantially is not in keeping with the desire of the community of interest. 8. CONCLUSION In consideration of the comments contained in this Report, Staff cannot support this rezoning application. 6u7 REPORT NO.: PD-121-98 PAGE8 Respectfully submitted, ~ ~~ ranklin Wu, M.C.I.P., R.P.P. Director of Planning & Development BR*LDT*FW*cc 09 October 1998 Reviewed by, W.H. Stockwell, Chief Administrative Officer J Attachment No. 1 - Site Location Key Map showing Vacant and Occupied Lots on Sunny Ridge Trail Attachment No. 2 - Plot Plan of the Subject Property Interested parties to be notified of Council and Committee's decision: Glen & Barbara Parks 72 Jackman Road Mr. & Mrs. W. R. Campbell Bowmanville, Ontario L1C 2C9 31 Sunny Ridge Trail Enniskillen, Ontario LOB 1J0 Debbie Soanes 48 Sunny Ridge Trail Mr. Steven Carruthers Enniskillen, Ontario LOB 1J0 28 Sunny Ridge Trail Enniskillen, Ontario LOB 1J0 Marilyn Dieleman 40 Sunny Ridge Trail Mr. Craig Stevenson Enniskillen, Ontario LOB 1J0 Ms. Jo-Anne Finney 20 Sunny Ridge Trail Mr. David Ehler Enniskillen, Ontario LOB 1J0 653 Village Parkway Unit 31 Mr. & Mrs. David McArthur Unionville, Ontario L3R 2R2 32 Sunny Ridge Trail Enniskillen, Ontario LOB 1J0 Gloria Kortekaas 12 Sunny Ridge Trail Mr. & Mrs. C. Blanchfield Enniskillen, Ontario LOB 1J0 19 Sunny Ridge Trail Enniskillen, Ontario LOB 1J0 Mr. & Mrs. Jean Paul & Kara Ann Nadeau 2 Sunny Ridge Trail Enniskillen, Ontario LOB 1J0 6~~8 REPORT NO.: PD-121-98 PAGE 9 Joe & Myra Bailie 24 Sunny Ridge Trail Enniskillen, Ontario LOB 1J0 Craig & Kerri Hudson 15 Sunny Ridge Trail Enniskillen, Ontario LOB 1J0 Judith A. Beitle 36 Sunny Ridge Trail Enniskillen, Ontario LOB 1J0 Ken & Robyn Flute 35 Sunny Ridge Trail Enniskillen, Ontario LOB 1J0 6~9 ATTACHMENT It 1 LOT 21 LOT 20 LOT 19 --- ~~ ~, i r~_ _ r- I DUR A RE'G1C~NA A~ :.:: ~ i 3 - _ J ~. , 4 V I ~ .:., 21... 6 V I V/ I - ,~ `/O^/~ ~:.. ...... ~ V I ... . V is :s:::•.~:.... U LJJ J :~:::i:s::' ......: z ~ ... :.1:~::::~..' ~:; 6~:: U i ~~r~::~::; '.::, 6 .., 3.:: V ; ~ 4' I I '. 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