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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 ~A SUBJECT SITE LOT 19 BOUNDARY: I ROAD I I i I RH \\ I I I I I Ii 1 : I, FIC RAILWAY;" CANADIAN pAC\ ) KEY MAP o 50 toO 200 ... ll' 50m 300tn I Dev.89-141 517 o - z o - en en w (.) z o ~ (': AN ~ D i A ~ \_ RA" WA Y L~NDS ?ACi Fl... I L.. , N 5 T N9 4 2 4 " ",(100" H~W 43.l3' -~ \ .. \ (.. t- ~ .. l7fC, . -\C) -. '0 0 . '.::. . ~- .. '" Z ot - Z \ co 1! Q . .. 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