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