HomeMy WebLinkAboutPSD-010-04
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Clfllmgron
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ,
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Monday, January 26,2004 Res, 4\Gffi-oSo -oLf
Date:
Report #:
PSD-010-04
File #: COPA 2003-009, ZBA2003-036 By-law #:
Subject:
OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT
APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS FOR
SINGLE DETACHED DWELLINGS
APPLICANT: MICHAEL RICCIUTO
Part Lot 17, Concession 5, former Township of Darlington
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-01 0-04 be received;
2, That the applications to amend the Clarington Official Plan and Zoning By-law submitted by
Michael Ricciuto to permit the expansion of the Hampton hamlet boundary and the development
of 8 residential units, be referred back to Staff for further processing and preparation of a
subsequent report;
3. THAT a copy of this report be forwarded to the Region of Durham;
4. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Reviewed by:
o MJZ.Q~ 4rz'-.
Franklin Wu,
Chief Administrative Officer
SAlCS/DJC/ld
20 January 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTAR!O L 1 C 3A6 T (905)623- 3379 F (905)623-0830
- 6J I
REPORT NO.: PSD-010.04
PAGE 2
1. APPLICATION DETAILS
1.1 Owner: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina
Stone, & Russell Stone
1,2 Applicant: Michael Ricciuto
1,3 Official Plan Amendment Application:
To permit the expansion of the Hampton hamlet boundary and to change
the designation on the subject lands from "General Agricultural Area" to
permit the development of eight residential lots,
1.4 Zoning By-law Amendment Application:
To change the zoning on the subject lands from "Agricultural Exception (A-
1)" to permit the development of eight new lots resulting in the
construction of eight single detached dwelling units,
1,5 Site Area: 3,36 hectares (8,3 ac)
2.0 LOCATION
2,1 The subject lands are located on the north side of Ormiston Street in Hampton (see
Attachment 1), The property is contained within Part Lot 17, Concession 5, in the former
Township of Darlington.
3.0 BACKGROUND
3.1 On August 1, 2003, the owners submitted an official plan amendment and rezoning
application to the Municipality of Clarington to change the designation and zoning of the
subject lot located on the north side of Ormiston Street in Hampton,
3.2 The application is to expand the hamlet boundary of Hampton to re-designate the
subject lands to permit the development of eight new lots for a total of eight single
detached dwellings,
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The existing site is currently vacant. The total property holdings are 20 ac. in area,
Approximately 5 ha (12 ac,) of the total holdings are treed along the north and west
boundaries, The subject lands, abutting Ormiston Street, have been previously used for
agriculture,
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REPORT NO.: PSD-010-04
PAGE 3
4,2 Surrounding Uses:
East:
North:
West:
South:
Unopened municipal road allowance and Agricultural
Agricultural
Residential - single detached dwellings
Residential - single detached dwelling
5.0 OFFICIAL PLAN POLICIES
5,1 The lands are designated "General Agricultural Area" within the Durham Region Official
Plan, General Agricultural Areas shall be used predominantly for agriculture and farm-
related uses, The lands abut the Hamlet of Hampton, Policies in the Durham Region
Official Plan may permit a minor expansion to existing development subject to a number
of conditions, Regional Planning staff will examine and provide comment on criteria
required for the expansion of the Hamlet limits,
5.2 The Clarington Official Plan designates the subject lands "General Agricultural Area",
General Agricultural areas shall be used predominantly for farm and farm-related uses,
The applicant is seeking to expand the hamlet boundary and "Rural Settlements Area"
policies state that through an official plan amendment to expand the limits of a hamlet, a
settlement capacity study shall be prepared by the proponent to the satisfaction of the
Municipality and the Region of Durham,
6. ZONING BY -LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural Exception (A-1)", which permits a
single detached dwelling and farm uses. The development of eight single detached
dwellings would not conform with the zoning by-law, thus the need for the rezoning
application,
7.0 PUBLIC NOTICE AND SUBMISSION
7,1 Public notice was given by mail to each landowner within 120 metres of the subject site
and one public meeting notice sign was installed on the lands, facing Ormiston Street,
opposite the school.
7,2 As of the writing of this report, three (3) inquiries have been received on this application,
All inquiries were looking for further information and asked to be kept informed of
development on this project. No objections or endorsements were offered,
8.0 AGENCY COMMENTS
8.1 The following agencies provided comments of no objection to the Official Plan
Amendment application: 6 ',j j
REPORT NO.: PSD-010-04
PAGE 4
. Kawartha Pine Ridge District School Board;
. Peterborough Victoria Northumberland and Clarington Catholic District School
Board;
. Enbridge;
. Rogers Cable; and
. Clarington Emergency Services,
8,2 The Clarington Engineering Services Department has no objection in principle to the
proposed amendment subject to the following conditions:
1) The applicant will be required to enter into a development agreement with the
Municipality (similar to a subdivision agreement), which will include standard
clauses and schedules normally contained within a residential subdivision
agreement, including works cost estimates, requirements for occupancy,
maintenance periods, securities etc,;
2) The proposed lots must be oriented perpendicular to the road allowance;
3) A 4.03 metre road widening along Ormiston Street is to be dedicated to the
Municipality;
4) A subdrain is to be installed below the ditch invert on the north side of Ormiston
Street along the frontage of the property;
5) Engineering drawings for this development must be signed, sealed and dated
by a Professional Engineer;
6) The overall storm water drainage scheme should be revised in such a way that
will direct the majority of storm water flows to the road allowance on Ormiston
Street. The existing storm sewer located on the south side of Ormiston Street
should be used for additional outfall locations, Collector swales or ditches
should be located on the severed parcels and directed to the Ormiston Street
allowance, Further discussion between the applicant's Engineer and
Engineering Services is required;
7) Application for property access is required;
8) The applicant is responsible for any costs necessary to facilitate the
construction of entrances from the subject property to Ormiston Street; and
9) The appropriate cash-in-lieu of parkland contribution is required.
8.3 The Regional Planning Department has verbally indicated that this application is not
exempt from Regional approval. Written comments have not been received to date,
Regional Planning Staff has verbally indicated a peer review of the Hydrogeological Study,
submitted by the applicant, will be conducted, Results of this peer review are expected in
February 2004,
8.4 Regional Health has no objection to the proposed zoning in principle, however approval
has not been given until more detailed plans are submitted through the subdivision
approval process, Further plans to be submitted shall include a site servicing plan for all
lots showing proposed and primary reserve tile beds and a surface drainage plan,
8,5 Bell Canada advises that a telecommunication facility easement may be required to
service these lands and that this easement be noted in any development agreement on
these lands, Also, the Owner shall be requested to enter into an agreement with Bell
Canada complying with any underground servicing conditions imposed by the municipality,
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REPORT NO.: PSD-010-o4
PAGE 6
10,3 The applicant has provided a concept plan for the balance of the lands, however, it is
not under review at this time, nor have applications been made for the further expansion
of the hamlet boundary and re-designation of these lands for residential development.
The concept plan is attached for information purposes only, (Attachment 3)
10.4 The northerly abutting property has been used for agricultural purposes. The Ministry of
Transportation has purchased it for the proposed extension of Highway 407, The
subject lands are included in the study area of the "Highway 407 East Completion
Environmental Assessment", The terms of reference for this study have been prepared,
but are considered "draft" as approval by Ministry of the Environment has not yet been
received,
10,5 Historically, both the public and the Conservation Authority have expressed concern
about soil contamination, water quantity and water quality in Hampton, This is due to the
high water table, the predominance of clay soils with poor drainage in the Hampton
area, existing shallow wells and existing small lot sizes supporting private septic
systems.
The Proctor & Redfern Group undertook a Secondary Plan Study for the Hamlet of
Hampton on behalf of the Town of Newcastle (now the Municipality of Clarington) in
1989. The results of this study indicated that further expansion of Hampton should be
limited to minor infilling, a Hydrogeological study be required prior to development, new
wells should be drilled and that all lots be a minimum of 0.4 ha
(1 ac,) in area,
10,6 Following this study, Regional Council adapted hamlet policies for the Town of
Newcastle Official Plan, These policies were further refined and incorporated into the
current Municipality of Clarington Official Plan. The policies state that a proponent shall
prepare a settlement capacity study that includes the following:
. a Hydrogeological Study,
. an assessment of servicing alternatives,
. an assessment of the long-term suitability of the soil conditions for private septic
systems,
. an assessment of surface drainage,
. identification of constraints for development,
. an inventory of cultural resources and assessment of how new growth will be
consistent with the historic character of the area,
. an environmental inventory and assessment of impact of new growth on the
natural, built and cultural environments,
. an assessment of the impact on agricultural lands, and
. conformity to the Minimum Distance Separation Formulae from livestock,
The applicant has provided a planning report, an environmental assessment, a storm
water management study and a Hydrogeological Study which are currently being
reviewed by Clarington Planning, CLOC, Regional Planning and Regional Health
Departments, The results of the applicant's Hydrogeological Study will be key to any
development approvals on these lands, 6 0 6
REPORT NO.: PSD-010-04
PAGE 5
and if no such conditions are imposed the Owner shall advise the municipality of he
arrangement made for such servicing.
8,6 Comments have not been received from Central Lake Ontario Conservation as their
review of the Hydrogeological Report and Preliminary Storm Water Drainage Report is still
underway.
8,7 Comments are still outstanding from Hydro One Networks Inc,
9.0 MINISTER'S ZONING ORDER AND BILL 27, GREENBELT PROTECTION ACT
9.1 Bill 27, the Greenbelt Protection Act, affects this application, This Act, introduced
December 16, 2003, establishes a greenbelt study area and places a one year
moratorium on land use planning changes, Although this Bill has only received first
reading at this time, a Minister's Zoning Order was issued concurrently which overrides
municipal zoning authority. Therefore, the Municipality can make no decision on official
plan and zoning amendment applications on lands outside settlement areas,
9,2 The Municipality of Clarington will continue to process this application, however no re-
designation or rezoning may occur until the Minister's Zoning Order and Bill 27 are
repealed. As new provincial policy may direct changes to municipal official plans and
zoning by-laws, any comments given by the Municipality during this one-year
moratorium on this application, are subject to change.
9,3 On December 19, 2003, the applicant was advised of Bill 27 and its impact upon his
applications. Staff briefly reviewed Bill 27 with Mr. Ricciuto and advised him that
Clarington would continue to process his application and that the Public Meeting would
be held on January 26th, 2004 as scheduled,
10.0 COMMENTS
10,1 The lands subject to the official plan application and rezoning application are located on
the north side of Ormiston Street in Hampton. Ormiston Street is an existing municipal
road, paved and with street lighting. The Hampton Junior Public School is located on
the south side of Ormiston Street. The subject lands are made up of three parcels,
divided by an unopened, 3 metre width, municipal lane.
10.2 The applicant is seeking a re-designation to expand the hamlet boundary. The
Clarington Official Plan states that the predominant use of lands within a hamlet shall be
for single detached dwellings, The applicant is proposing eight (8) new lots, with an
approximate lot area of 4200 m2 (1,04 ac,). Each lot shall be serviced by individual
private septic systems and wells, The retained lands, approximately 16,8 ha (41.6 ac.)
shall continue to be designated and zoned agricultural.
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REPORT NO.: PSD..o10..o4
PAGE 7
11.0 CONCLUSIONS
11,1 As the purpose of this report is to satisfy the requirements for the Public Meeting under
the Planning Act, and taking into consideration all of the comments received, it is
respectfully requested that this report be referred back to Staff for further processing
and the preparation of a subsequent report,
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Amendment
Attachment 3 - Concept Plan for Other Lands Owned by Applicant
Interested parties to be notified of Council and Committee's decision:
John Winters
C/o D & D Securities
2631 Bayview Street
Toronto, ON M2L 1B6
Mike Ricciuto
70 Cawkers Cove Road
Port Perry, ON L9L 1R6
Anne Taylor
26 Ormiston Street
Hampton, ON LOB 1JO
Dianne Fothergill
79 Ormiston Street
Hampton, ON LOB 1JO
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ATTACHMENT 1
Lot 17, Concession 5
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PARK LOT 28
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PARK LOT 27
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Hampton Key Map
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ZBA 2003-036
Zoning By-law Amendment
COPA 2003-009
Clarington Official Plan Amendment
Owners: Mike, Antonio, Isolina &
Michael Ricciuto, Gina & Russell Stone
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ATTACHMENT 2
Draft
Amendment No.
to the Municipality of Clarington Official Plan
The following text and maps designated Schedule "A" attached hereto constitutes
Amendment No,
Schedule "A" of this Amendment is Schedule _, to Map Al (Darlington) Land Use
Darlington Rural Area
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PURPOSE
The purpose of this amendment is to permit a minor urban expansion to the Hamlet of
Hampton,
LOCATION
The subject lands are located on Part of Lot IS, Concession 5, in the Municipality of
Clarington on the north side of Ormiston Street in the Hamlet of Hampton,
BASIS
The subject lands are located in the Darlington Rural Area of the Municipality of
Clarington Official Plan which was approved on December 4, 2000 by the Region 0
Durham,
The proposed amendment will expand the Hamlet of Hampton boundary around the
subject lands and redesignate the subject lands to Hamlet Residential to allow residential
development along the existing municipal road,
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DETAILS OF THE AMENDMENT AND POLCIES RELATIVE THERETO
The proposed amendment to the Municipality of Clarington Official Plan will redesignate
the subject lands located on Part of Lot IS, Concession 5, from General Agricultural
Area to Hamlet Residential to permit hamlet residential development on the subject
lands, The existing Hamlet of Hampton boundary will also be extended to include the
subject lands,
IMPLEMENTATION
Upon the approval ofthis Amendment, the Zoning By-law applicable to the subject lands
will be amended to the appropriate classification, in accordance with the intent of the
Amendment.
INTERPRETATION
The provisions of the Official Plan for the Municipality of Clarington, as amended, from
time to time, regarding the interpretation of that Plan, shall apply in regard to this
Amendment.
Upon approval of this Amendment, Map Al (Darlington) Land Use Darlington Rural
Area of the Official Plan of the Municipality of CIa ring ton, will be amended in
accordance with the intent ofthis Amendment.
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SCHEDULE 'A'
Official Plan Amendment
Municipality of Clarington
Part of Lot 15, Concession 5
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Lands to be redesignated from
General Agricultural Area to
Residential Hamlet
This is Schedule 'A' to OtDcial Plan
Amendment
Passed this _ day of . 2003.
"EIIDIAN
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S/,TTCH - Future Developr'lent Concept Pion
ON PART or PLAN H50066,
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MUNICIPALITY OF CLI1RINGTON
R[GIONAL MUNICIPALITY or DURHAM
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DISTANCES SliD'JN DN !.HiS PLAN ARE IN HURES AND
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240D l~ec.doNpine Boulevard, Sliite 102
Miss.'ssQl1Qa, Dntario
L5N 652
T[L (905; 819-2993
rAX (905) 8!9-2994
I ATTACHMENT 3