HomeMy WebLinkAboutPD-149-93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
ON: LANGLEY.GPA
Meeting: General Purpose and Administration Committee
D~e: Monday, November 1, 1993
#: PD-149 -93 File #:
DEV 89-141 & OPA 89-142
File #
Res. #L;~8 - '" 15- 9:3
#
Subject: REZONING APPLICATION & OFFICIAL PLAN AMENDMENT APPLICATION
APPLICANT: PAUL AND LISA LANGLEY
PART LOT 17, CONCESSION 10, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 89-141 & OPA 89-142
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-149 -93 be received;
2. THAT the application to amend the Official Plan and
comprehensive Zoning By-law 84-63, as amended, for the former
Town of Newcastle submitted by Paul and Lisa Langley to permit
the development of three residential lots be DENIED;
3. THAT the Region of Durham be provided with a copy of this
report; and
4 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Paul and Lisa Langley
1.2 Owner: Paul and Lisa Langley
1.3 Official Plan Amendment:
From Major Open Space-Oak Ridges Moraine to and
appropriate designation to allow the expansion of
the Hamlet of Burketon station and permit the
development of three residential lots.
1.4 Rezoning: From "Agricultural (A)" to an appropriate zone
category to permit the development of three
additional lots for single detached dwellings.
1.4 Area:
5.92 hectares
. . . 2
508
RECYCLED PAPIER
PAPER RECYCLE
1111S IS rniNTED ON RECYCLED PAPER
REPORT NO. PD-149-93
PAGE 2
2 . LOCATION
2.1 The subject property is municipally known as 2320 Concession
Road 10 and has frontage on the west side of Regional Road 57
on the east of the hamlet of Burketon station. The lands are
legally described as being located in Part Lot 17, Concession
10, former Township of Darlington.
3 . BACKGROUND
3.1 The application to amend the Official Plan and Comprehensive
zoning By-Law of the former Town of Newcastle was made in
December 1989. The applicant is seeking to amend the Burketon
station Hamlet Plan (Schedule 9-2) to allow the development of
three (3) residential lots through the consent process.
3.2 The applications were circulated for comment in December of
1989 and were recirculated for comment under the Oak. Ridges
Moraine Implementation Guidelines.
3.3 The lands were the subject of a previous rezoning application
(DEV 86-009) submitted by Paul Langley to rezone the lands
from "Extractive Industrial (M3)" to permit the development of
a single detached dwelling. This application was approved on
April 28, 1986 by-law 86-051 which rezoned the lands to
"(Agricultural (A)".
4 EXISTING AND SURROUNDING USES
4.1 Existing Uses: Residential
4.2 surrounding Uses:
East - active aggregate extractive operation
West - residential subdivision-Hamlet of Burketon
North- Canadian Pacific Railway tracks
South- single detached residential
. . .3
509
REPORT NO. PD-149-93
PAGE 3
5. OFFICIAL PLAN POLICIES
5.1 The subject site appears to be designated as "Major Open
Space-Oak Ridges Moraine" in the Durham Region Official Plan.
The predominant use of lands so designated shall be for
agricultural and farm related purposes. Furthermore, the
subject property is located outside of the limits of the
Burketon station Secondary Hamlet Plan. Therefore, the
applicant applied in December of 1989 to amend the Burketon
station Hamlet Secondary Plan.
6. ZONING
6.1 The subject lands are currently zoned "Agricultural (A) " under
the Comprehensive Zoning By-law for the former Town of
Newcastle. Under the provisions of the A zone, only one
single detached dwelling would be permitted to be developed on
the subject lands. Therefore, the applicant has applied to
amend the zoning by-law.
7. PUBLIC NOTICE
7.1 Pursuant to the requirements of the Planning Act and Council
policy, a Public Meeting with respect to the subject rezoning
amendment submitted by Paul and Lisa Langley was held on March
5, 1990. As of writing this report, one written submission
has been received. The Highland Creek Sand & Gravel Co.
Limited which has active aggregate extraction operations on
the east side of Regional Road 57, opposite the subject lands
detailed concerns over the potential for conflicts arising
from incompatible land uses. Reasons identified were:
. the subject lands provide.a buffer between the Burketon
Estates and the extraction operations
. the proposed consents would allow residences to be
erected in close proximity to a legally established and
licensed aggregate operations close to the point on
Regional Road 57 of the main truck entrance and exit..4
510
REPORT NO.PD-14Q-93
PAGE 4
. the subject lands are crossed by a 200 foot ontario Hydro
easement containing two high voltage transmission lines
. the proposed driveway entrances onto Regional Road 57 are
at locations where there is a substantial difference in
elevation between the boundary of the property
public road surface, a situation which may
conducive to safe access to a Regional Road
and the
not be
8. COMMENTS FROM AGENCIES
8.1 In accordance with departmental procedures, the application
was circulated to obtain comments from other departments and
agencies. The Official Plan has been circulated by the Region
of Durham Planning staff to a number agencies, including the
Municipality of Clarington. Staff undertook a similar
circulation to the appropriate agencies and departments for
the zoning By-law amendment application. The following
provides a brief synopsis of the comments received to date.
8.2 The following departments/agencies in providing comments,
offered no objection to the application as filed:
Municipality of Clarington Fire Department
Durham Regional Health Department
Ministry of Agriculture and Food
Peterborough-victoria-Northumberland and Newcastle Roman
Catholic Separate School Board
ontario Hydro
Kawartha Region Conversation Authority
Ministry of the Environment
8.3 Central Lake ontario Conservation Authority
The Central Lake ontario Conservation Authority staff noted
that the site is characterized by rolling Moraine topography
with much of the lands supporting plantation forest. The
. . .5
51 1
REPORT NO. PD-149 -93
PAGE 5
Authority's Environmental Sensitivity Mapping Project has
identified this area of the Oak Ridges Moraine as exhibiting
a moderate environmental sensitivity, in recognition of its
ground water recharge function, erosion susceptibility and the
provincial .significance of the landform. Their concerns with
the proposal are in regard to the sloping topography, erosion-
susceptible soils and forest cover. Although Authority staff
did not object in principle to some degree of development on
the lands, the relatively steep slopes through the central
portion of the parcel and sandy soils of the site raise
concerns for potential erosion problems the may result as a
result of development. Substantial regrading of the slope
. abutting Regional Road 57 may be required to provide a
suitable access grade to the proposed 3.1 acre lot.
Inappropriate siting of buildings on the sloping areas of the
site or removal of forest cover may further expose the
erodible soils.
8.4 In response to concerns on the application, the applicant
provided supplemental information regarding the proposed
siting of buildings, septic leaching beds, areas of
deforestation and the proposed alignment of access roads.
Authority staff commented that based on the supplemental
information, it was satisfied that the proposed road alignment
would appear to minimize the site's potential for erosion
problems and the selected building envelopes permit the
retention of most of the forest cover. In view of this, the
Authority had no objection to the proposal.
8.5 In response to the recirculation of the applications for
review and comment under the Oak Ridges Moraine Implementation
Guidelines. The Authority noted that in view of the existing
impacts resulting from the development of 18T-75362 (10M-753,
o . .6
512
REPORT NO. PD- 149-93
PAGE 6
10M-765, 10M-770 and 10M-802)
proposal, an in-depth site
Guidelines, is not warranted.
and the infilling nature of the
analysis, required under the
8.6 Ministry of Municipal Affairs
The Ministry of Municipal Affairs reviewed the proposed
official plan amendment application and commented that, due to
the minor nature of the proposed development and the location
of the subject lands in relation to the secondary plan
boundary of the hamlet of Burketon station, the proposed
expansion of the hamlet boundary to incorporate the subject
lands would meet the intent of MMA's "Growth and Settlement
Guidelines" and Principle 4.1- Growth and Settlement of the
"Implementation Guidelines for the Oak Ridges Moraine".
8.7 Ministry of Natural Resources
The Ministry commented that while they had no objection to the
application in principle, however, advised that the subject
lands, located on the west side of Regional Road 57, are
directly west of a licensed gravel pit operation on the east
side of the road. The Ministry also noted that in its current
undeveloped state, the subject property acts as a natural
buffer zone between the existing extractions and the
residential development in the Hamlet of Burketon. This
buffer helps to mitigate impacts associated with the aggregate
operation. The Ministry further noted that the proposed
residential use would increase the potential for conflicts
between these two land uses. The Ministry advised that future
residents may be impacted by heavy truck traffic along
Regional Road 57 as well as noise and dust associated with
both truck and the aggregate operation. In addition, as the
lots may be located at a higher elevation than the pit, visual
screening of the aggregation operation is not possible.
o . .7
513
REPORT NO. PD-14Q-93
PAGE 7
8.8 The Ministry also provided comments wi th respect to the
circulation of the proposal under the Oak Ridges Moraine
Implementation Guidelines. The comments noted that in
accordance with the Implementation Guidelines concerning the
Provincial Interest in the Oak Ridges Moraine Area of the
Greater Toronto Area, the official plan and zoning by-law
amendment applications were reviewed by the Central Lake
ontario Conservation Authority, the Kawartha Region
Conservation Authority and the Ministries of Municipal
Affairs, Environment and Natural Resources. It was the
opinion of these agencies and Ministries that the subject
applications are exempt from the requirements of the
Implementation Guidelines.
8.9 Region of Durham Public Works Department
The Region of Durham Public Works Department commented that
municipal water supply and sanitary sewer services are not
available to the subject land and the Regional Works
Department has no plans to extend said services into this
area. Therefore , individual wells and private sewage disposal
are the only available method of servicing the subject lands.
The Public Works Department also commented that the access
from the three proposed lots will have undesirable effects on
Road 57.
8.10 The Municipality of Clarington Public Works Department asked
that the applicant bear the cost (100%) any works on
Concession Road 10 which are necessitated as a result of this
development and the monetary contributions are made to the
reconstructing/upgrading of Concession Road 10 (45m x
$152.00/m = $6,840.00) ~ The Public Works Department also
asked that an application for property access be made.
. . .8
514
REPORT NO. PD-14Q-93
PAGE 8
8.11 The Municipality of clarington community services Department
requested that the 5% park land dedication be accepted as
cash-in-lieu.
9. STAFF COMMENTS
9.1 The proponent has filed both and Official Plan Amendment and
Zoning By-law Amendment. The application propose to create
three residential lots.
9.2 Staff note that the lands front on to Regional Road 57, a Type
A arterial road in the Durham Region Official Plan. According
to sections 13.2.7 and 13.2.13, Arterial roads are designed
primarily as limited access roads and the maximum number of
private access points to Type A arterial roads in rural areas
shall generally be limited to 2 per side of the road per mile.
Additionally, the elevation of the subject land varies from
the existing road grade. The Region of Durham Works
Department noted that the accesses of the three proposed lots
would have undesirable effects on Regional Road 57. It would
appear to be undesirable to allow an increase in the number of
access in this area of Regional Road 57.
9.3 Staff note that the proposal was reviewed with respect to the
policies of the Durham Region Official Plan. section 10.4.1.2
of the Durham Region Official Plan designates the Hamlet of
Burketon station as a Hamlet for growth up to a total of 150
residential units. In addition, section 10.4.1.3 states that
hamlets should develop in depth rather than in strips.
Although the lands are situated on the eastern side of the
Hamlet, the proposed lots front onto Regional Road 57,
oriented away from the centre of the hamlet. The proposal
would appear to introduce strip development on the eastern
edge of the. Hamlet. This would be contrary to the policy of
Durham Region Official Plan. ...9
515
REPORT NO. PD-149-93
PAGE 9
9.4 As noted by the Ministry of Natural Resources, the subject
lands act as a buffer between the aggregate operations on the
east of Regional Road 57 and the residential development in
the Hamlet of Burketon station. Introduction of three
residential lots adj acent to an aggregate extraction operation
is undesirable due to incompatible land uses and future
conflicts resulting from truck traffic, dust and noise. Given
the above, Staff cannot support the applications to amend the
Official Plan and zoning By-law.
Respectfully submitted,
Recommended for presentation
to the Committee,
~
Marie Marano, Acting
Chief Administrative Officer
dr~~ ~
Franklin Wu, M.C.I.P.
Director of Planning
and Development
Interested parties to be notified of Council and committee's
decision:
DM*FW*cc
*Attach
22 October 1993
Interested parties to be notified of Council's and Committee's
decision:
Paul & Lisa Langley
2320 Concession Road 10,
R.R.#2,
Blackstock, ontario
LOB 1BO
Highland Creek Sand and
Gravel Co. Limited
Box 338
pickering, Onto LIV 2R6
Att: D. C. schmiegelow
516
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