HomeMy WebLinkAboutPDS-012-23Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: March 6, 2023 Report Number: PDS-012-23
Submitted By:Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By:Mary-Anne Dempster, CAO
File Number:ZBA2022-0013 and S-C-2022-0004 Resolution#: PD-014-23
Report Subject: Rezoning and Draft Plan of Subdivision for 12 residential units in
Newtonville
Purpose of Report:
The purpose of this report is to provide information to the public and Council. It does not
constitute, imply or request any degree of approval.
Recommendations:
1. That Report PDS-012-23 and any related communication items, be received for
information only;
2. That Staff receive and consider comments from the public and Council with respect
to the Zoning By-law Amendment and Draft Plan of Subdivision applications
submitted by 1044960 Ontario Limited (Veltri and Sons Limited) and continue
processing the applications including preparation of a subsequent report; and
3. That all interested parties listed in Report PDS-012-23 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
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Report Overview
The Municipality is seeking the public’s input on applications for a proposed Zoning By-law
Amendment and Draft Plan of Subdivision submitted by 1044960 Ontario Limited (Veltri and
Sons Limited) to permit a total of 12 single detached dwellings on a new public street, in the
Hamlet of Newtonville.
1. Application Details
1.1. Owner: 1044960 Ontario Limited (Veltri and Sons Limited)
1.2. Applicant: Clark Consulting Services
1.3. Proposal: Draft Plan of Subdivision
Proposed Draft Plan of Subdivision for 12 single detached dwellings.
Zoning By-law Amendment
To rezone the subject lands from “Environmental Protection Exception
(EP-7)” to an appropriate zone to permit 12 single detached dwellings.
1.4. Area: 16.7 hectares, with approximately 4.2 hectares intended for development.
1.5. Location: West of George Burley Street, south of Jones Avenue, east of Charles
Tilley Avenue and north of Highway 401, Newtonville (see Figure 1).
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Municipality of Clarington Page 4
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2. Background
2.1 In 2005, Veltri and Sons Limited received draft plan approval for lots in the south - east
quadrant of the hamlet. The lots on Jones Avenue were registered in 2007, the lots on
Charles Tilley Avenue in 2011.
2.2 On March 25, 2022, 1044960 Ontario Limited (Veltri and Sons Limited) submitted
applications for a Zoning By-law Amendment and Draft Plan of Subdivision with
supporting documentation for 12 lots for single detached dwellings on a new public street
in the Hamlet of Newtonville. The lands subject to the current draft plan and Block A on
Figure 1, were retained by Veltri as nitrate dilution areas for previously registered lots.
The nitrate dilution areas were a recommendation in a hydrogeological study, approved
by the Region of Durham, to ensure there was no impact to groundwater as a res ult of
private sewage systems. The applicant has now applied for 12 single detached lots, on a
portion of lands previously identified for nitrate dilution.
2.3 The applicant has submitted the following studies in support of the applications which
have been circulated to departments and agencies for review.
Planning Justification Report and Urban Design Brief
Environmental Impact Study (EIS)
Sustainability Report
Hydrogeological Report
Traffic Brief
Landscape Design Brief
Stormwater Management and Functional Servicing Report
Civil Engineering Plans Package
2.4 The studies are being reviewed by staff and agencies and will be summarized in a future
report.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located West of George Burley Street, south of Jones Avenue, east
of Charles Tilley Avenue and north of Highway 401 in Newtonville. The site is relatively
flat and covered with shrubs and mature trees.
3.2 The following are the surrounding land uses:
North – Single detached dwellings
West – Single detached dwellings
South- Vacant wooded lands
East – Vacant wooded lands
Municipality of Clarington Page 5
Report PDS-012-23
4. Provincial Policy
Provincial Policy Statement (PPS)
4.1 The Provincial Policy provides policy direction for appropriate development while
protecting resources of public interest, public health and safety, and the quality of the
environment. The PPS states that in rural areas, rural settlement areas shall be the focus
of growth and development and their vitality and regeneration is promoted.
4.2 The PPS permits growth and development which will provide intensification that is
appropriate in scale for the Hamlet of Newtonville.
4.3 The proposal is consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.4 The subject site is in a rural settlement area. The Growth Plan incudes policies to direct
and encourage development to settlement areas. The proposal is a minor infill
development within a rural settlement areas.
4.5 The proposal is consistent with the Provincial Growth Plan.
Greenbelt Plan
4.6 The subject lands are within a designated hamlet within the limits of the Greenbelt Plan.
Limited growth is permitted through infill and intensification of hamlets subject to
appropriate water and wastewater services.
4.7 The proposal is consistent with the Greenbelt Plan.
5. Official Plans
Durham Region Official Plan
5.1 The Durham Region Official Plan designates the subject lands as Hamlet. Hamlets
primarily consist of single detached dwellings. Limited growth can occur only in those
hamlets that are determined to be suitable for further development. Hamlets shall be
individually serviced with drilled wells and private sewage systems in compliance with
Ministry of Environment, Conservation and Parks (MECP).
5.2 Schedule B to the Region’s Official Plan shows Key Natural Heritage and Hydrogeologic
Features adjacent to the subject site. An Environmental Impact study is required.
5.3 The proposal is consistent with the Regional Official Plan.
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Report PDS-012-23
Clarington Official Plan
5.4 The Clarington Official Plan designates the subject lands as Hamlet Residential. The
Hamlet Residential designation is predominantly intended for housing purposes. Policy
12.4.5 in Clarington’s Official Plan dictates that the following provisions apply to the
Hamlet of Newtonville:
i) All development shall be serviced by municipal water;
ii) The minimum lots size of 0.4 hectares, which applies to all rural settlement areas,
may be reduced provided an engineering study demonstrates to the satisfaction of
the approval authorities that the soil and groundwater conditions can support reduced
lot sizes without contaminating soil or groundwater;
iii) No further development shall be permitted upon reducing the capacity of the
municipal water supply system, regardless of whether designated lands remain
vacant; and
iv) No further development shall be permitted if there is evidence of soil and
groundwater contamination, which cannot be mitigated until the contamination is
addressed to the satisfaction of the approval authorities.
5.5 The site is within proximity to lands designated Environmental Protection. An
Environmental Impact Study (EIS) is required to determine the proximity of natural
heritage features mainly to the south and east. An EIS has been submitted and is under
review by the Conversation Authority and Municipal Staff.
5.6 The proposal is consistent with the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject site “Environmental Protection (EP)”, and
“Environmental Protection Exception (EP-7) Zone”. A Zoning By-law Amendment is
required to permit the proposed 12 lots for single detached dwellings. A draft zoning by-
law is included as Attachment 1.
7. Public Notice and Submissions
7.1 Public Notice was mailed to each landowner within 120 metres of the subject lands within
the hamlet boundary and 300 metres of the subject lands outside the hamlet boundary.
Notice of the Public Meeting was installed on the property.
7.2 At the time of writing this report no public comments had been received.
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7.3 On December 8th, 2022, Staff met with residents residing on Jones Avenue and Charles
Tilley Crescent, within the first two phases of Veltri’s development. The residents
expressed concerns regarding the following:
Residents paid a premium for the lots because the backed onto open space;
Resident’s use the subject lands and Block A for recreational enjoyment and walking
trails will no longer be permitted;
Concern that the Municipality did not retain the subject lands and Block A with the
original approvals; and
Questions regarding the next steps in the planning process.
8. Agency Comments
Regional Municipality of Durham
8.1 The Region considers the proposed development premature until such time as the
hydrogeological investigation has been peer reviewed to the Region’s sat isfaction.
Ganaraska Region Conservation Authority (GRCA)
8.2 The subject property is located partially within a GRCA regulated area, as such a permit
is required from the Authority for development within the GRCA regulated area.
9. Departmental Comments
Development Engineering
9.1 Development Engineering has no objections to the proposal in principle. All comments will
be addressed through the ongoing subdivision process.
Emergency and Fire Services
9.2 Emergency and Fire Services have no objection to the proposal.
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10. Discussion
10.1 The proposed draft plan is consistent with the Provincial Policies, provided it can be
demonstrated through the appropriate studies that development is appropriate for that
particular area.
10.2 The current proposal has lots ranging from 2000 square metres to 5,500 square metres.
The policies of the Clarington Official Plan allows for a reduction in lots sizes from the
minimum 4000 square metres (0.4 hectares) for all rural settlement areas provided it can
be demonstrated that there will be no impact to soil or groundwater. The original
hydrogeological study was initially prepared in 1991 has been updated to demonstrate the
current proposal can be supported. The Region of Durham Official Plan policies require
this report to be peer reviewed by an independent consultant, under the direction of the
Region.
10.3 The applicant has provided an Environmental Impact Study which is currently under
review by the appropriate agencies and municipal staff.
10.4 The existing residents have asked why the Municipality did not require transfer of the
subject lands and Block A, at the time the lots were approved. The reasons are three -
fold:
1. Firstly, the Region of Durham Health Department as a condition of approval, required
the lands to remain with the subdivision and in the ownership of the developer. The
developer would maintain the lands to ensure groundwater quality met the regional
and provincial standard and remediate if required.
2. Secondly, the municipality would not accept lands with such an encumbrance.
3. Finally, the Municipality rarely requires the dedication of lands within rural areas or in
the case of a hamlet, for a park. There is a park west of the subject site on the north
side of Jones Avenue. The subject lands are not contiguous to other publicly owne d
open space where trails or other recreational uses that would be available for the
general public.
10.5 The residents are concerned that they would lose the enjoyment of the subject site and
Block A for their recreational enjoyment. As Veltri and Sons allowed the use of these
lands for residents recreational use, and so then would have assumed the maintenance
and liability.
11. Financial Considerations
Financial implications of this project will be included in subsequent reports as more
information becomes available.
Municipality of Clarington Page 9
Report PDS-012-23
12. Concurrence
This report has been reviewed by the Director of Planning and Infrastructure Services
Department and the Deputy CAO/Treasurer.
13. Conclusion
The purpose of the Public Meeting report is to provide background information on the
Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by to
permit a total of 12 lots for single detached dwellings for the Public Meeting under the
Planning Act. Staff will continue processing the applications including preparation of a
subsequent report.
Given the changing land use legislation and provincial mandates that are impacting the
municipality and the agencies involved in the development process, as well as the
availability of local resources, the Municipality cannot commit to a specific date to bring a
recommendation report forward. Staff is committed to expeditiously review and process
applications, this timing is also impacted by the willingness of the applicant to meet
Council policies and standards and provide the information in a tim ely manner.
Staff Contact: Sarah Parish, Planner II, 905-623-3379 x 2432 or sparish@clarington.net
Attachments:
Attachment 1 – Draft Zoning By-Law
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to
PDS-012-23
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Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 2023-XXXX
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 to for
ZBA 2022-0013;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as
follows:
1. Schedule “16” (Newtonville)” to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from:
“Environmental Protection Exception (EP-7) Zone” to “Holding-Residential Hamlet
(H)(RH-XX) Zone”; as illustrated on the attached Schedule “A” hereto.
2. Schedule “A” attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 36 of the Planning Act.
Passed in Open Council this _____ day of _____________, 2023
____________________________
Adrian Foster, Mayor
____________________________
June Gallagher, Municipal Clerk