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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