The URL can be used to link to this page

Home My WebLink AboutPD-100-97WNEU- cosc.GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SPORT Meeting: General Purpose and Administration Committee File # Date: Monday, July 7, 1997 Res. Report #: PD- 100 -97 File #: OPA 87-061/D By -law # Subject: REFERRAL TO THE ONTARIO MUNICIPAL BOARD PRIVATE OFFICIAL PLAN AMENDMENT APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN JOSEF NEUBAUER/VICTOR COSCARELLA FILE: OPA 87 -061/D Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 100 -97 be received; 2. THAT Council confirm its opposition to a Country (Estate) Residential development proposed by Victor Coscarella in Private Official Plan Amendment A08 (OPA 87-061/D) now revised to apply for nine residential lots; and 3. THAT the Region of Durham and the Ontario Municipal Board be advised of Council's decision and forwarded a copy of Report PD- 100 -97. 1. APPLICATIONS DETAILS 1.1 Applicant: Victor Coscarella 1.2 Agent: Joseph Neubauer 1.3 Official Plan Amendment: Original Proposal: Proposed to amend the Durham Regional Official Plan in order to allow the development of a twelve (12) lot Country (Estate) Residential plan of subdivision. Revised Proposal: Proposing to amend the Durham Regional Official Plan in order to allow the development of a nine (9) lot Country (Estate) Residential plan of subdivision. 1.4 Area: 9 hectares (22.23 acres) 699060 REPORT NO.: PD- 100 -97 PAGE 2 2. BACKGROUND 2.1 Victor Coscarella applied for an amendment to the Durham Regional Official Plan in September of 1987. The amendment proposed the establishment of the appropriate policy framework to allow the eventual development of a twelve (12) lot Country (Estate) Residential plan of subdivision. 2.2 In the late 1980's, the Municipality of Clarington (then known as the Town of Newcastle) was experiencing considerable rural residential development pressure. The Planning and Development Department prepared Report PD -61 -89 which detailed for Council the potential problems related to unchecked growth in the rural areas associated specifically with Country (Estate) Residential development. These included among others: • premature requests for municipal water and sanitary sewer services; • greater demand for institutional, commercial and community facilities outside of designated urban areas and hamlets; and • the "clustering" of Country (Estate) Residential developments which tends to increase the degree of environmental impact upon the immediate area. 2.3 The Planning and Development Department also prepared Report PD -63 -89 in response to the Coscarella application and recommended that the application be denied. This recommendation was subsequently endorsed by Council and forwarded to the Region. Subsequently, Regional Council denied the original OPA application in July of 1992. 3. AGENCY COMMENTS ON PRIVATE OFFICIAL PLAN AMENDMENT A08 3.1 In April of 1996, the applicant made a request to the Ministry of Municipal Affairs and Housing for a private Official Plan Amendment (OPA) referral to O.M.B. It is 699061 REPORT NO.: PD- 100 -97 PAGE 3 important to note that the number of proposed lots was reduced from twelve (12) to nine (9) for the purposes of the private OPA. The Ministry of Municipal Affairs subsequently circulated the proposed private OPA for comments. The following provides a brief synopsis of the comments which were received by the Ministry. 3.2 Staff forwarded a letter to the Ministry dated May 16, 1996 which outlined Council's opposition to Country (Estate) Residential developments and advised that Council had resolved in March of 1989 to deny the original OPA application. In view of the Council resolution, staff advised the Ministry that the Municipality could not support the private OPA. 3.3 Central Lake Ontario Conservation has advised that the subject lands are traversed by Farewell Creek and portions of the site are affected by the natural hazards associated with Regional Storm floodplain. In view of the foregoing, Central Lake Ontario Conservation could not support the private OPA until such time as a watershed study had been carried for Farewell Creek which demonstrates the appropriateness of the proposed land uses. 3.4 The Ministry of the Environment and Energy notes that the shoreline of the subject site has been altered by extensive filling in the floodplain. It is noted that the site is not suitable for septic systems and the use of fill in attempt to make the site suitable is not an option due to the site's proximity to Farewell Creek. It is also noted that Farewell Creek may be impaired with respect to temperature and water quality as a result of stormwater runoff and effluent discharges from the development. In summary, the Ministry concluded that the supporting documentation provided did not adequately demonstrate that suitable water quality and quantity is available for the proposed development. 3.5 Following due consideration of all the comments, the Ministry decided to refer the private OPA to the Ontario Municipal Board and a hearing is scheduled to 699062 REPORT NO.: PD- 100 -97 PAGE 4 commence on August 20, 1997. 4. STAFF COMMENTS 4.1 Council considered the original OPA in March of 1989, and as previously noted, resolved to recommend to the Region of Durham that the application be denied. 4.2 Since the applicant has revised his private OPA to reduce the number of lots from twelve (12) to nine (9), it is important that Council confirm their opposition to this form of development as currently before the Ontario Municipal Board. 4.3 In the time that has lapsed since the Municipality originally considered the Neubauer /Coscarella application, Council adopted the new Official Plan, within which the subject property is designated as Green Space. Country (Estate) Residential subdivisions are permissable within the Green Space designation by amendment to the plan subject to the criteria of Sections 12.5.2 and 12.5.3 which require the submission of a settlement capacity study to address the requirements of Section 12.4.5 and a landscape analysis to address Sections 12.5.2 b) and c). 4.4 Moreover, since the property is located within the Lake Iroquois Beach as identified on Map C1, the submission of an Environmental Impact Study would be required by Section 4.5.2. Although staff acknowledge that an Environmental Analysis was commissioned by the applicant in 1987, the data collected may not be current due to the significant amount of time which has lapsed since its submission. 4.5 It is also noted that the applicant did not make a submission to either the Municipality of Clarington or the Regional Municipality of Durham with respect to the Clarington Official Plan and that a local Official Plan Amendment would be required. 699()63 REPORT NO.: PD- 100 -97 PAGE 5 4.6 With respect to zoning, Comprehensive Zoning By -law 84 -63 currently zones the subject property in part Agricultural Exception (A -1) and in part Environmental Protection (EP). An amendment to the zoning by -law would also be required in order to implement any amendment to the Regional and local Official Plans. 5. CONCLUSION 5.1 In consideration of the comments contained within this report, we recommend Council confirm its opposition to a Country (Estate) Residential development proposed by Victor Coscarella in Private Official Plan Amendment A08 (OPA 87- 61 /D) now revised to apply for nine (9) residential lots. 5.2 As the subject matter before the Ontario Municipal Board is a proposed amendment to the Regional Official Plan, the Regional Solicitor and Regional planning staff will be at the hearing in opposition to the applicant. To avoid duplication, the Director advised the Region that the Municipality of Clarington will not be represented at the Hearing but Planning Staff would be available to the Regional Solicitor as professional witness. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development WM *FW *df 27 June 1997 Attachment #1 - Key Map Reviewed by, W.H. tockwell Chief Administrative Officer 699064 ATTACHMENT #1 SUBJECT SITE LOT 30 LOT 29 LOT 28 I I I I I 44 I I I I - p I d- 0 o z 0 a U V) J I � J � i U D z � � I 0 --000 I U I I I I I- i I i I I PEB6LEST NE kOAD C P ) Uno erred Road Allowance S DARLINGTON 7 KEY MAP OPA. 8 /D 699065