HomeMy WebLinkAboutPDS-003-21Clarington
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: January 11, 2021 Report Number: PDS-003-21
Submitted By:
Reviewed By:
File Number:
Faye Langmaid, Acting Director of Planning and Development Services
Andrew C. Allison, CAO
ZBA2019-0015
Resolution#: PD-015-21
By-law Number: 2021-007
Report Subject: Rezoning to facilitate 3 severances at 1535 Ovens Road in Newtonville
Recommendations:
1. That Report PDS-003-21 be received;
2. That the application to amend Zoning By-law 84-63 be approved and the By-law
contained in Attachment 1 of Report PDS-003-21 be passed;
3. That once all conditions contained in Report PDS-003-21 with respect to Removal of
the (H) Holding Symbol are satisfied, the By-law authorizing the Removal of the (H)
Holding Symbol be approved;
4. That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of
Report PDS-003-21 and Council's decision; and
5. That all interested parties listed in Report PDS-003-21 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-003-21
Report Overview
Page 2
Will and Nancy Vanniejenhuis submitted an application to amend Zoning By-law 84-63 to
facilitate the creation of 3 new lots within the Hamlet of Newtonville. This report recommends
Council approval of the application for a Zoning By-law Amendment as contained in
Attachment 1. The result will be rezoning of the property from "Agricultural (A)" to "Holding -
Residential Hamlet ((H)RH)" and "Environmental Protection (EP)".
1. Application Details
1.1 Owner:
1.2 Agent:
Will and Nancy Vanniejenhuis
Rich Bouma
1.3 Proposal: To amend Zoning By-law 84-63 to rezone the property from
"Agricultural (A)" to "Holding - Residential Hamlet ((H)(RH)"
and "Environmental Protection (EP)" to facilitate the creation
of 3 new lots.
1.4 Area: The total area is 8.6 ha (21.2 acres): each proposed lot is
slightly greater than 4,000 sq. m. (1 acre), leaving a retained
lot of approximately 7.4 ha (18 acres)
1.5 Location: 1535 Ovens Road, Newtonville (see Figure 1)
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 to facilitate the severance of three new lots within the hamlet of Newtonville. The
property is currently zoned "Agricultural (A)", which requires a minimum lot area of 40
hectares (100 acres). The proposed lots would be approximately 4000 sq. m. (each
about 1 acre). The retained lot would be 7.4 hectares (21.2 acres). The applicants are
requesting a portion of the lands be rezoned to permit the three 1-acre lots (see Figure
1).
Municipality of Clarington Page 3
Report PDS-003-21
Figure 1: Location of property and proposed severances
Municipality of Clarington
Report PDS-003-21
Page 4
2.2 The existing lot contains a single -detached dwelling, at least one accessory building,
and environmental features. The applicant submitted an Environmental Impact Study
(EIS) 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 have
worked with the applicants to determine the development limits based on the findings of
the studies and Municipal policies and regulations. To protect the natural features, the
lands with environmental features and the buffer are proposed to be zoned
Environmental Protection (EP).
2.3 Should this rezoning application be approved, applications to the Durham Region Land
Division Committee would be required to permit the creation of the lots.
2.4 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
3. Land Use Characteristics
3.1 The lands are located within the hamlet of Newtonville on the east side of Ovens Road,
south of Regional Highway 2 and north of Highway 401 (see Figure 1).
3.2 The existing land uses include a single family dwelling, at least one accessory building,
a pond, and other environmental features. The property is serviced by municipal water
and privately serviced for sewage. The lands gradually slope towards Highway 401.
3.3 The surrounding land uses are as follows:
North — Single detached dwellings on large lots and 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
Municipality of Clarington
Report PDS-003-21
4. Provincial Policy
Provincial Policy Statement
Page 5
4.1 In rural areas, rural settlements shall be the focus of growth and development, and their
vitality and regeneration should be promoted. Development should avoid risks to public
health and safety and seek to minimize any impacts on the natural environment. The
proposal to create three lots contributes to an appropriate range and mix of housing,
conserves biodiversity, and supports the ecological benefits on the site. The proposal
represents an opportunity for infill development within a hamlet utilizing existing
municipal water services and road infrastructure.
4.2 The proposal is consistent with the Provincial Policy Statement.
Greenbelt Plan
4.3 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.
Limited growth is permitted through infill and intensification, subject to appropriate water
and sewage services and having regard for the greater connectivity of the natural
heritage system and its functions.
4.4 The proposal is consistent with the Greenbelt Plan.
Growth Plan
4.5 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.
4.6 The proposal conforms to the Growth Plan.
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.
Municipality of Clarington
Report PDS-003-21
Page 6
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 or the associated buffer. The location and extent of the
features and the associated buffer were refined, identified, and mapped in the detailed
site -specific studies.
5.4 The proposal conforms to the Durham Regional Official Plan.
Clarington Official Plan
5.5 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 in the form of single detached dwellings. Individual
land severances may be considered provided they do not jeopardize the future
development of the hamlet. Any new residential lot shall:
• Have a minimum lot size of approximately 4000 sq. m. (1 acre);
• Meet the requirements of the Durham Region Health Department;
• Provide a primary and reserve area for a conventional septic tile field area; if
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.
5.6 Policies allow minimum lot sizes in Newtonville be reduced below 4000 sq. m. provided
an engineering study is submitted and meets the requirements of all approval agencies.
However, in this proposal all lots, severed and retained are greater than the minimum
4000 sq. m.
5.7 The creation of new lots for development is not permitted in natural heritage or
hydrologically sensitive features or the associated buffer. The EIS identifies
environmental features on a portion of the lands. The Official Plan policies allow
refinements to the natural heritage feature boundaries through a site -specific study
without the need for an amendment to the Official Plan. The proposed lots and all new
development are proposed to be located outside of the features and the required 15
metre buffer.
5.8 The proposal conforms to the Clarington Official Plan.
Municipality of Clarington
Report PDS-003-21
6. Zoning By-law
Page 7
6.1 Though within a hamlet, the property is zoned "Agricultural (A)." The Agricultural Zone
was used in many rural settlement areas to recognize historical land uses and remains
in place until the property is further evaluated and zoned appropriately.
6.2 Lands outside the areas with natural features and the required 15 metre buffer are
proposed to have their zoning changed from "Agricultural (A)" to "Residential Hamlet"
(RH) to facilitate the creation of three (3) residential lots. The RH Zone requires a
minimum lot area of 4000 sq. m. and a frontage of 30 metres. The proposed lots
conform to the RH Zone regulations.
6.3 Lands within the areas with natural features and the buffer are proposed to have their
zoning changed from "Agricultural (A)" to "Environmental Protection (EP)" to protect the
natural features.
7. Summary of Background Studies
Environmental Impact Study, Niblett Environmental Studies
7.1 The EIS concludes the proposed severances would not result in negative impacts on
the natural heritage features or their functions, provided that the proponent follows the
measures recommended in the report, including the requirements to consult with the
Ministry of Environment, Conservation and Parks (MECP) regarding the presence of the
threatened species habitat and appropriate mitigation measures.
7.2 Staff and commenting agencies had several comments which were addressed by the
applicant's consultant, including the following.
Defining the potential building envelope for a new single detached dwelling and
the septic bed area on the retained lands. The proposed location for a dwelling
on the retained lot is now in the back field, behind the proposed severed lots.
Clarifying the exact location of the fish habitat and the significant woodlands, as
well as their associated buffer on the property.
Providing an illustration which clearly indicates the natural features, the proposed
lot lines will be outside the EP Zone (the lands with natural heritage features and
the required buffer). The southern lot has been adjusted to be outside the EP
zone.
Municipality of Clarington
Report PDS-003-21
Hydrogeological Assessment, GHD
Page 8
7.3 Staff reviewed the Assessment and provided comments to the applicant. Further
revisions were required to ensure consistency between the EIS and the Hydrogeological
Assessment.
7.4 The Region of Durham Health Department required the Assessment be peer reviewed.
All potential concerns are resolved, and Durham Health has no objection to the
proposed lots. The peer -reviewed document concludes that the installation of the
proposed sewage disposal systems will not result in unacceptable degradation of the
shallow groundwater.
7.5 Durham Health has indicated that municipal water service is available to the subject site
from Ovens Road, however the watermain ends at the existing residential dwelling.
7.6 Conditions of the Land Division application will include the proponent be responsible for
the design and construction of the watermain extension and a fire hydrant. The cost of
this will be the responsibility of the proponent, including the $6,000/lot buy -in rights
payment for the watermain extension.
Site Screening Questionnaire
7.7 The questionnaire concludes that the subject lands do not contain any indicators of
potential site contamination and the site is thus suitable for the proposed severances.
The Region of Durham concur with these findings.
8. Public Submissions
8.1 A Public Meeting was held on December 2, 2019. No public concerns were presented at
the Public Meeting and Staff have not received any enquires regarding this application.
9. Agency Comments
Ministry of Transportation
9.1 The Ministry of Transportation (MTO) 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. The closest development will be more than 300
meters from MTO property.
Municipality of Clarington
Report PDS-003-21
Regional Municipality of Durham
Page 9
9.2 Regional Planning provided comments advising that they have no objection to the
rezoning provided that the proponent receive documentation from the MECP
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 One of the conditions of the subsequent Land Division application will be to meet any
requirements MECP may have regarding the presence of threatened species habitat
and appropriate mitigation and/or compensation measures to ensure no residual effects.
Only after all conditions of the Land Division are cleared will a by-law authorizing the
Removal of the (H) Holding Symbol be presented to Council.
9.4 The Region also states 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 Provincial regulations.
Ganaraska Region Conservation Authority
9.5 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 has been reviewed
by GRCA staff.
9.6 GRCA requested a fence be installed along the western watercourse buffer to protect
the riparian habitat from future mowing and lawn maintenance. One of the conditions of
the subsequent Land Division application will be to fence off the existing field laneway
(see Figure 2) on the retained lands and the lands be revegetated to enhance the
protection of the fish habitat. A driveway to access the new home on the retained lands
will be provided from Ovens Road by a 10 metre wide strip between two of the proposed
lots.
Municipality of Clarington
Report PDS-003-21
�i
Figure 2: Field laneway to be fenced off and revegetated
10. Departmental Comments
Page 10
10.1 The Infrastructure Division of Public Works does not have any objections in
principle to the proposed zoning change. Further comments and conditions will be
provided at the Land Division application stage.
10.2 Emergency and Fire Services does not object to the rezoning.
10.3 The Building Division of Planning and Development Services has no comments
or objections to the rezoning.
10.4 The Operations Division of Public Works 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.
Municipality of Clarington
Report PDS-003-21
11. Discussion
Page 11
11.1 Provincial policies focus growth and development to settlement areas, including
rural settlement areas such as Newtonville. Severances are permitted, provided the lots
can be appropriately serviced and minimal public expenditure is associated with the
development. The proposal on the subject lands will utilize existing road infrastructure
and public water and have enough land area to be serviced by private sewage.
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 applicant
has revised the original submission for the location of a dwelling on the retained lot and
the vehicle access to avoid impacts to the natural heritage features. These features are
protected by establishing the limits of the features and their associated buffers and
prohibiting development within these areas. This approach follows the direction of the
Clarington Official Plan, which designate this portion of the land Environmental
Protection Area and Green Space.
11.3 The lands that contain natural features and the required buffer will be zoned
Environmental Protection (EP) rather than Agricultural (A). This is a more appropriate
zone for these lands and will help to protect these natural features.
11.4 The lands outside the natural features and associated buffer are requested to be
rezoned to Residential Hamlet (RH) rather than Agricultural (A). This is a more
appropriate zone and would facilitate the creation of three residential lots. Each lot
would be at least 4000 sq.m. (1 acre) with frontages of at least 30 metres. The retained
and proposed lots conform to the requirements for the RH zone.
11.5 An accessory building is located on the proposed retained lands near Ovens
Road. There appear to be other, much smaller sheds on the lands as well. The
proposed severances will result in the accessory building on a different lot than the
current dwelling. This means there would be an accessory building without a principle
building on the same lot, which is not permitted by Zoning By-law 84-63. A minor
variance will need to be approved to permit an accessory building or buildings without a
principal building. Bringing any accessory buildings into conformity with Zoning By-law
84-63 will be a condition of the subsequent Land Division application.
11.6 A Holding (H) Symbol is proposed to be placed on the property until the
proponent satisfies all conditions of the subsequent Land Division application.
Conditions discussed in this report include:
Meet any requirements MECP may have regarding the presence of threatened
species habitat and appropriate mitigation and/or compensation measures to
ensure no residual effects; and
Municipality of Clarington
Report PDS-003-21
Page 12
• Meet GRCA's requirement to fence off the existing field laneway on the retained
lands and the lands be revegetated to enhance the protection of the fish habitat.
12. Concurrence
Not Applicable.
13. Conclusion
13.1 It is respectfully recommended that the application to rezone the subject property
to protect the natural heritage features and facilitate the creation of three new lots at
1535 Ovens Road in Newtonville be approved. The proposed infill development will
utilize partial municipal services and is generally consistent with Provincial, Durham
Regional, and Clarington land use policies.
Staff Contact: Mark Jull, Planner II, 905-623-3379 or mjul�clarington.net
Attachments:
Attachment 1 — Zoning By-law Amendment
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to Report PDS-003-21
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Corporation of the Municipality of Clarington
The Corporation of the Municipality of Clarington
By-law 2021-XXX
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas 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 Municipality of
Clarington for ZBA2019-0015;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule `16' to By-law 84-63, as amended, is hereby further amended by
changing the zone from "Agricultural (A) Zone" to "Holding - Residential Hamlet
((H)RH) Zone" and "Environmental Protection (EP) Zone" as illustrated on the
attached Schedule `A' hereto.
2. Schedule `A' attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By -Law passed in open session this day of 12021
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Attachment 1 to Report PDS-003-21
This is Schedule "A" to By-law 2021- , passed this day of , 2021 A.D.
saw-
1639
00
CO
1617
1587
A
1535
0
1530
Y
1400
II
1385 ~
'
0 Zoning Change From "A" To " (H)RH" u
0'.
Zoning Change From "A" To "EP"
Clarke • ZBA2019-0015 • Schedule2
Adrian Foster, Mayor June Gallagher, Municipal Clerk