HomeMy WebLinkAboutPD-159-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: WDMCONS.GPA
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File # - _ �?� � �� •US
Date: Monday, December 2, 1996 Res. #(-- c2J I
Report #: PD- 159 -96 . File #: DEV 96 -055
By -law #.
Subject: REZONING APPLICATION - APPLICANT: WDM CONSULTANTS
PART LOT 32 & 33, CONCESSION 7, FORMER TOWNSHIP OF CLARKE
FILE: DEV 96 -055
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 159 -96 be received;
2. THAT application to amend Comprehensive Zoning By -law 84 -63, as amended,
of the former Town of Newcastle, submitted by WDM Consultants on behalf of
Oceanfront Developments Limited, be referred back to Staff for further processing
and the preparation of a subsequent report upon receipt of all outstanding
comments, taking into consideration all of the comments reviewed; and
3. THAT the Durham Region Planning Department and all interested parties listed
in this report and any delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: WDM Consultants
1.2 Owner: Oceanfront Developments Limited
1.3 Rezoning: from "Agricultural Exception (A -1) ", "Environmental Protection (EP)"
and "Residential Hamlet (RH)" to a zone appropriate to permit the
creation of 4 hamlet residential lots.
1.4 Area: 4.73 hectares
2. LOCATION
2.1 The subject lands are located in Part of Lots 32 and 33, Concession 7, former
Township of Clarke. The lands are situated on the south side of Concession
Road 8, just west of Leskard Road. They are part of a larger farm parcel.
REPORT PAGE
2.2 The easterly portion of the lands are low lying and relatively flat, with elevations
rising westerly. A hummock is located at the west end of the site. The grade
difference between the west and east limits of the site is in excess of 20 metres.
The site is sparsely covered by trees.
3.1 On October 16, 1996 an application to rezone the subject lands was submitted
to the Planning Department. The applicant wishes to have the appropriate zoning
in place before creating the lots through severance. The lands were previously
subject to an Official Plan Amendment application (OPA 87- 025/D) to permit the
creation of a 22 lot residential subdivision. This application has since been
withdrawn.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: agricultural land
Surrounding Uses: East - Wilmot Creek and Hamlet Residential
West - Agricultural Land
South - Agricultural Land and Wilmot Creek
North - Hamlet Residential
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Region Official Plan the subject lands are designated "Hamlet ".
The Regional Plan states that Hamlets shall be the predominant location for rural
settlement. Minor infilling is permitted within the limits of the Hamlet. This
application appears to comply to the Durham Region Official Plan.
5.2 The lands are designated "Hamlet Residential" and "Environmental Protection" in
the Municipality of Clarington's Official Plan, Map C, the "Natural Features and
Land Characteristics Map ", shows that Wilmot Creek passes through the easterly
portion of the lands and for this reason they have been identified as hazard lands.
602
REPORT PAGE 3
Hazard lands are unsafe to develop or build upon due to natural hazards, such
as flooding, steep slopes and poor soils.
5.3 Rural residential development is encouraged to locate within Hamlets. Section
12.4.4 of the Clarington Official Plan states that individual land severances may
be considered provided the future development of the hamlet is not jeopardized
and that Section 12.3.5 of the Plan is satisfied. Section 12.3.5 states that new
residential lots shall:
• have a minimum lot size of 0.4 hectares
• meet the requirements of the Durham Region Health Services Department
• provide a tile field reserve area, and
• provide a technical report that demonstrates there is no adverse impact on
adjacent wells and septic systems.
The plan as submitted confirms that all proposed lots to be larger than 0.4
hectares. The technical report and a plan showing the tile field reserve areas
have not yet been submitted. With respect to satisfying the Durham Region
Health Department, they have submitted preliminary comments (refer to Section
8.3 of this report).
6. ZONING BY -LAW PROVISIONS
6.1 According to the Comprehensive Zoning By -law 84 -63, as amended, of the former
Town of Newcastle, the subject lands are zoned in part "Agricultural Exception (A-
1) ", "Environmental Protection (EP)" and "Residential Hamlet (RH) ". The lands
currently zoned "Residential Hamlet" are located in the south easterly portion of
the site, east of Wilmot Creek. The lands zoned "Environmental Protection" are
located in proximity to Wilmot Creek. The remainder of the lands are zoned
"Agricultural Exception ". The subject lands need to be zoned "Residential Hamlet"
in order to permit the proposed use. Further definition of the site may result in
a revision to the "Environmental Protection" zone. This will be confirmed through
discussions with the Conservation Authority.
603
REPORT PAGE El
7.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the
Planning Act, the appropriate signage acknowledging the application was installed
on the subject lands. In addition the appropriate notice was mailed to each
landowner within the prescribed distance.
7.2 At this time, there have been no enquiries from the public regarding this
application.
8. AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to
obtain comments from other departments and agencies. The following
departments /agencies in providing comments, offered no objection to the
application as filed:
• Municipality of Clarington Fire Department
8.2 Comments from the Building Division state that due to the fill and construction
limits on site, the finished grades and foundations must be designed by a
Professional Engineer or an Ontario Land Surveyor.
8.3 The Durham Region Health Department have provided preliminary comments. In
order to provide detailed comments they require the submission of the following
work.
• A detailed site plan indicating proposed prime and 100% reserve
conventional sewage system areas, including drilled wells for each lot.
• A surface drainage plan.
• An engineer's report for the design of the proposed sewage systems may
be necessary.
ME
REPORT O .D
8.4 Comments from the Ganaraska Region Conservation Authority have been
received. Development within the regulatory floodplain is prohibited. A permit will
be required to be issued prior to development within the fill and construction
limits. Due to the extreme grade difference on -site, the Conservation Authority
has requested that a draft plan showing building envelopes, grading,
sedimentation and erosion control be submitted for review.
8.5 Comments have yet to be received from Clarington Public Works Department and
Regional Planning Department.
9. STAFF COMMENTS
9.1 Staff note the Ministry of Agriculture and Food Minimum Distance Separation
Regulations which regulate distances between rural residential uses and existing
farm uses specifies that these regulations cannot be applied to situations where
the proposed non - agricultural uses are located within an approved urban area
such as a Hamlet. Since the application which is before us now proposes to
create residential lots within the limits of the Hamlet of Leskard, the MDS formula
is not applicable.
9.2 Staff need more information to properly assess whether the existing topographic
features of the site can support residential uses. As such, the developer has been
requested to provide plot plans which will show proposed building envelopes,
grading and septic tile reserve areas.
9.3 It appears that the application conforms to the Durham Region Official Plan. In
addition, the intent of this application meets the Clarington Official Plan provided
the Environmental Protection Areas abutting Wilmot Creek are not being
encroached. Staff will delineate the limit of the Environmental Protection Area in
consultation with the Conservation Authority.
REPORT PAGE 2
FEW
10. CONCLUSION
10.1 The purpose of this report is to facilitate the Public Meeting as required by the
Planning Act, to provide Committee and Council with some background on the
application submitted and for staff to indicate issues or areas of concern
regarding the subject application. It is recommended that the application be
referred back to staff for further processing and subsequent report upon
resolution of outstanding issues and receipt of all outstanding comments,
including submission of the required technological report, plot plans and grading
plans.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
HB *FW *cc
Attachment # 1 - Key Map
Attachment # 2 - Proposed Lots
November 22, 1996
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Oceanfront Developments Limited
115 Simcoe Street South
Oshawa, Ontario
L1 H 4G7
WDM Consultants
20 Clematis Road
Willowdale, Ontario
M2J 4X2
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ATTACHMENT #1
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