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HomeMy WebLinkAboutPD-48-95DN: ;iV90096.G��E CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # _2;'; `' (_' "A Li Date: Monday, May 15, 1995 Res. LL ' L) f� # Report #: PD-48-95 File #: DEV 90 -046, 18T90029 By-law #_C/ 4S - Subject: REZONING AND SUBDIVISION APPLICATION - MARCHANT /BYAM PART LOT 81 CONCESSION 61 FORMER TOWNSHIP OF DARLINGTON FILE: DEV 94 -046, 1BT90029 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -48 -95 be received; 2. THAT the proposed Plan of Subdivision 18T90029, revised and dated February 14, 1990, as per Attachment No. 4, be APPROVED subject to the conditions contained in this Report; 3. THAT the Mayor and Clerk be authorized, by by -law, to execute a Subdivision Agreement between the Owner and the Municipality at such time as the agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning; 4. THAT the attached amendment to By -law 84 -63 be APPROVED and that the "Holding (H)" symbol be removed by By -law upon execution of a Subdivision Agreement; 5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 6. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: The Greer Galloway Group 1.2 Owner: Murray Marchant, Grenville Byam, Kelvin Jones 1.3 Rezoning: From "Agricultural Exception (A -1)" to an appropriate zone to permit the development of a 13 unit Plan of Subdivision. 1.4 Subdivision: 13 single family residential lots and a block for stormwater management 1.5 Area: 6.81 hectares ....2 9) 2 0 REPORT NO. PD -48 -95 PAGE 2 2. LOCATION 2.1 The subject lands are located in Part of Lot 8, Concession 6, former Township of Darlington. The site can be further defined as being located in the Hamlet of Tyrone, east of Clemens Road, south of Concession Road 7. 3 BACKGROUND 3.1 On May 17, 1990, the Municipality received a Rezoning application for the subject lands to permit a 13 unit residential subdivision. On June 27, 1990 the Municipality was advised by the Region of Durham that an Official Plan Amendment application for these lands has been submitted. Then, on July 12, 1990 the Region circulated the Municipality a copy of an application for the associated plan of subdivision. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: agricultural land 4.2 Surrounding Uses: East - vacant agricultural land and Mackie Creek Valley West - agricultural land subject to residential development (18T 86062). South - agricultural land North - existing residential 5 OFFICIAL PLAN POLICIES 5.1 On June 21, 1993 the General Purpose and Administration Committee recommended to Council that the Region of Durham be requested to: i) amend the 1976 Durham Region Official Plan to recognize Tyrone as a "Hamlet for Growth "; ii) to approve the proposed modification to the former Town of Newcastle Official Plan; and iii) that the associated official plan amendment application (90- 043/D/N) be approved within the context of the proposed modification. Council adopted this recommendation at the following meeting. 5,gq, 21 .... REPORT NO. PD -48 -95 PAGE 3 5.2 On November 10, 1993, the Durham Region Planning Committee recommended to Regional Council that the proposed modification be approved and forwarded to the Ministry of Municipal Affairs for their approval, and that the Regional Official Plan Amendment application 90- 043 /D /N be closed. Regional Council adopted this recommendation. 5.3 The Ministry of Municipal Affairs approved Modification # 2 to the Hamlet policies of the former Town of Newcastle Official Plan on June 23, 1994. The Hamlet of Tyrone is now recognized as a Hamlet for Growth with the maximum number of units being 140. 6 ZONING BY -LAW PROVISIONS 6.1 According to the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, as amended, the subject lands are zoned in part "Residential Hamlet (RH)" and "Agriculture Exception (A -1) ". The lands require rezoning in order to permit the proposed 13 residential lot subdivision. 6.2 Lots 10 to 13 inclusive require a site specific zoning in order to ensure that Section 3.19 c) of the Comprehensive Zoning By -law is complied with. This section requires that existing agricultural buildings housing livestock shall not be closer than 300 metres to non -farm residential buildings. It is recommended that these lots be zoned RH -19 requiring a rear yard setback of 25 metres. 6.3 Attachment # 5 contains the amending zoning by -law and schedule for Committee and Council's approval. If approved, residential development in the form of single detached dwellings will be permitted. 6.4 It is recommended that a Holding Zone be placed on all lands within the subdivision to be lifted when the subdivision agreement is entered into. ....4 599 22 REPORT NO. PD -48 -95 PAGE 4 7 PUBLIC MEETING AND SUBMISSION 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 On July 23, 1990, the required Public Meeting for the rezoning application was held. At this meeting, the General Purpose and Administration Committee recommended that the Staff report be referred back to Staff for receipt of all agency comments and further consideration. At this meeting, two residents spoke in opposition to this application. One resident was concerned about the loss of agricultural land. Staff would note that the lands in question are located within the Hamlet boundary and the Official Plan encourages residential development to occur within existing Hamlet boundaries. The second resident expressed a concern about drainage particularly during the winter months. An acceptable grading and drainage plan has been submitted to the satisfaction of the Public Works Department and the Conservation Authority. 7.3 Upon receipt of her notice confirming that Committee and Council would be dealing with the rezoning and subdivision applications, Mrs Vaneyk spoke to Staff stating her concerns. She is concerned that her livestock operation will have an impact on the new residents. She would like a privacy fence to be built along the southern limits of the plan to reduce the residents visual impact of her farm operation. She also noted concerns regarding the availability of water. Their operation uses a lot of water and they do not want the development of these lands to impact the availability of water. 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: ....5 599 23 REPORT NO. PD -48 -95 PAGE 5 Municipality of Clarington Fire Department Central Lake Ontario Conservation Authority Peterborough Victoria Northumberland and Clarington Separate School Board Ministry of Transportation Ministry of Natural Resources Ontario Hydro Ministry of Agriculture and Food Ministry of the Environment and Energy 8.2 The Municipality of Clarington Community Services Department had no objection to the application but requested that 5% cash -in -lieu of parkland be received. 8.3 The Municipality's Public Works Department has requested among other things which are detailed in Attachment #2 Conditions of Subdivision Approval the following: i) That 10m X 6m sight triangles shall be dedicated to the Municipality at the intersection of Street 'A' and Clemens Road; ii) That the minimum horizontal radius on Street 'A' be 90m. iii) that the stormwater drainage works and facilities necessary for this development are constructed in accordance with the Stormwater Management Report, draft dated March 1995, prepared by Greer Galloway Group Inc. The final report should address our comments of March 19, 1995 and shall be subject to the approval of the Director of Public Works. 8.4 Bell Canada and Durham Region Health Department had no objections to the application but requested that their conditions be met. The attached Conditions of Approval state that these agencies must be satisfied. 8.5 The Northumberland and Clarington Board of Education has advised Staff that the existing school facilities located at Enniskillen 599 24 "..6 REPORT NO. PD -48 -95 PAGE 6 Public School are overcrowded. Staff would note that it remains the responsibility of the school board to plan for any anticipated growth. 9 STAFF COMMENTS 9.1 The applicant has proposed a 13 lot residential development within the Hamlet of Tyrone. The Official Plan recognizes that growth in the rural areas shall occur within hamlets. The Official Plan for the former Town of Newcastle has been amended allowing for residential development in this quadrant of Tyrone. 9.2 The grading and stormwater issues have been resolved with a stormwater management pond located at the south west corner of the lands. This pond will eventually be deeded to the Municipality. 9.3 There is an active hog farm operation approximately 275 metres south of the southern limits of the plan of subdivision. Section 3.19 c) of the Comprehensive Zoning By -law states that non -farm residential buildings shall be located no closer than 300 metres to existing agricultural buildings housing livestock. Therefore, lots 10 to 13 inclusive shall be zoned RH -19 with special condition to ensure that the depth of the rear yards will be a minimum of 25 metres in order provide adequate separation from the hog farm. The Ministry of Agriculture and Food requires a minimum separation distance of 725 feet between residential uses and this livestock operation. As the distance is greater than 900 feet, the Ministry has confirmed that the application satisfies the Agricultural Code of Practice. It is Staff's opinion that since the distance between the southern property limits of the subject lands and the livestock operation is greater than 900 feet, privacy fencing is not warranted and will not be required. 9.4 The applicant submitted an hydrogeologic report which addresses the issue of availability of water. The report states that "It is 59V ....7 25 REPORT NO. PD -48 -95 PAGE 7 expected that the water demands of the proposed development will produce no significant long term negative impact on existing water supplies in the Tyrone Area." Staff would note that condition #13 of draft approval ensures that if water quality or quantity is negatively impacted upon by this development the owner will rectify the situation. 10 CONCLUSION 10.1 The applicant has submitted an application to permit 13 residential lots within the south east quadrant of the Hamlet of Tyrone. Conformity exists with the Official Plan and pending approval of the attached zoning by -law amendment, compliance with the zoning by -law will be attained. Staff recommend that the lands be zoned with a "Holding" symbol which can be removed upon registration of the subdivision agreement. In light of the above, Staff would respectfully recommend the approval of the rezoning and subdivision applications as contained in the recommendation of this report. Respectfully submitted, Reviewed by, Cr C Franklin Wu, M.C.I.P. Director of Planning and Development HB *FW *cc Af` W. H. Stockwell Chief Administrative Officer Attachment #1 - Conditions of Subdivision Approval Attachment #2 - Plan of Subdivision as Originally Submitted Attachment #3 - Plan of Subdivision as Revised Attachment #4 - Zoning By -law Amendment 5 May 1995 Interested parties to be notified of Council and Committee's decision: Murray Marchant Locust Grove Farms 5 Durham Street R.R. #5 Bowmanville, Ont. L1C 1H4 Bowmanville, Ont. L1C 3K6 Grenville Byam Ralph Vandenberg R.R. #5 R.R. #5 Bowmanville, Ont. L1C 3K6 Bowmanville, Ont. L1C 3K6 599 26 ....8 REPORT NO. PD-48-95 PAGE 8 Kelvin Jones Evelyn Stroud 214A Liberty Street North 89 Little Avenue Bowmanville, Ont. L1C 2M8 Bowmanville, Ontario L1C 1J9 Greer Galloway Group Inc 1415 King Street (Highway #2) Courtice, Ont. L1E 2J6 Hamilton and Associate Barristers and Solicitors P.O. Box 39 1 Division Street Bowmanville, Ont. L1C 3K8 R.A. Gill 6545 Bethesda Rd., R.R. #5, Group 36, Box 50 Bowmanville, Ont L1C 3K6 Katherine Real 6763 Clemens Road Bowmanville, Ont. L1C 3K6 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T -90026 prepared by The Greer Galloway Group dated (revised) February 14, 1990 (and further revised in red as per the attached plan) showing Lots 1 to 13 inclusive for single family detached dwellings, Block 'A' for stormwater management, and various blocks for site triangles etc. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 5. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 6. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 7. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, five percent (5 %) cash -in -lieu of parkland dedication for residential development. 599 28 ....2 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS SUBDIVISION • 8. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By -law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the owner. 9. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 10. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 11. That the Owner shall adhere to architectural control requirements of the Municipality. 12. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 13. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. ...3 599 29 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION • 14. Satisfy Bell Canada financially or otherwise. 15. Satisfy the Durham Region Department of Health financially or otherwise. 16. The Owner agrees that prior to the issuance of a building permit for each lot the Chief Building Official shall be in receipt of certification from a licensed well driller that a well has been drilled and tested to confirm that an adequate water supply is available to service each lot. 17. That a qualified hydrogeologist provide the owner of each lot with a certificate that a dug well has been properly constructed. This certificate shall be presented to the Building Department prior to the issuance of a building permit for said lot, together with a confirmation regarding well quantity and quality. 18. The Conclusions and Recommendations contained within the report entitled "Hydrogeologic Assessment Proposed Residential Subdivision Part Lot 8, Concession 6 (Tyrone) Town of Newcastle Dated April 1989" shall be followed and adhered to. 19. That all works and services are designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Development Charges Act, 1989, and all applicable legislation and to the satisfaction of the Director of Public Works. 20. That 10m X 6m sight triangles be dedicated to the Municipality at the intersection of Street 'A' and Clemens Road 21. That the minimum horizontal radius on Street 'A' be 90m. 22. That the applicant assume all costs for provision, installation and location of Community Mailboxes to service this subdivision, in a manner satisfactory to the Director of Public Works. ...4 fflvIl -4- CONDITIONS OF APPROVAL O. FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION • 23. That the stormwater drainage works and facilities necessary for this development are constructed in accordance with the Stormwater Management Report, draft dated March 1995, prepared by Greer Galloway Group Inc. The final report should address our comments of March 19, 1995, and shall be subject to the approval of the Director of Public Works. 24. That the applicant enter into a Subdivisions Agreement with the Municipality including all requirements of the Public Works Department regarding the engineering and construction of all internal and external works and services related to this plan. In addition, the subdivision agreement will include a "staging plan" or any other necessary provisions that will control the sequential development of this plan of subdivision. 25. That the applicant is responsible for the costs of all road and service construction works required for the connection of Street 'A' to the existing streets. 26. That the applicant meet all the requirements of the Public Works Department, financial or otherwise. 27. Satisfy the Ministry of Natural Resources financially or otherwise. 28. Satisfy the Central Lake Ontario Conservation Authority financially or otherwise. 599 31 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 95- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems recommends to the Region of Durham approval of draft Plan of Subdivision 18T- 90029. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to implement the draft Plan of Subdivision. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "10" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A -1)" to "Holding - Residential Hamlet ((H)RH)" "Agricultural Exception (A -1)" to "Holding - Residential Hamlet Exception ((H)RH -19) ". "Residential Hamlet (RH)" to "Holding - Residential Hamlet Exception ((H)RH -19)" as shown 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 read a first time this day of 1995. BY -LAW read a second time this day of 1995. BY -LAW read a third time and finally passed this day of 1995. MAYOR 599 32 CLERK