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Home My WebLink AboutPD-61-95DN: KELLETT.GPA HE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File #L.)f 14, Monday, June 19 1995 Date: Y , Res. Report #: PD -61 -95 File #: DEV 95 -013 By -law #_ Subject: REZONING APPLICATION - DAVE KELLETT PART LOT 28, CONCESSION 31 FORMER TOWNSHIP OF DARLINGTON FILE: DEV 95 -013 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -61 -95 be received; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63 submitted by William Clark on behalf of Dave Kellett to permit the severance of one lot for residential purposes be DENIED; and, 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Dave Kellett 1.2 Agent: William Clark 1.3 Rezoning: From "Agricultural (A) Zone" and "Environmental Protection (EP) Zone" to an appropriate zone permitting the severance of one lot for residential purposes. 1.4 Site Area: 0.70 hectares (1.75 acres) 2. LOCATION 2.1 The subject lands together comprise a 0.70 hectare parcel at the northeast corner of Courtice Road and Nash Road. The property in legal terms is known as Part Lot 28, Concession 3 in the former Township of Darlington. ....2 X07 REPORT NO. PD -61 -95 PAGE 2 3. BACKGROUND 3.1 On March 16, 1995, William Clark filed an application on behalf of Dave Kellett with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63. The purpose of the application is to change the current zoning from "Agricultural (A) Zone" and "Environmental Protection (EP) Zone" to an appropriate zone permitting the severance of one lot for residential purposes. The applicant proposes to service the lot with municipal water and a private septic system. It is noted for Committee's information that a pond is located on the proposed lot. The applicant has not provided any details as to whether this feature would be maintained or filled in. 4. EXISTING AND SURR 4.1 Existing Uses: 4.2 Surrounding Uses: East: North: West: South: OUNDING USES Residential Residential Vacant land Residential Vacant land reserved for stormwater detention facility S. OFFICIAL PLAN POLICIES 5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are designated "Living Area ". The predominant use of these lands shall be for residential purposes. Section 5.3.20 permits limited residential infilling in urban areas on private drilled wells and /or private sewage disposal systems prior to the availability to full urban services provided that: • the applicant enters into an agreement to connect to future municipal services when they become available; • the proposed use does not require excessive amounts of water; ....3 5 1'] 8 REPORT NO. PD -61 -95 PAGE 3 • the proposed use complies with the standards of the Durham Region Health Unit and the Ministry of Environment and Energy; and, • consideration is given to designing the development in a manner that would permit further development on full municipal services. Section 20.7.7 requires that where municipal services do not exist, development shall ensure that soil conditions are suitable for an adequate water supply and suitable for the installation of a sewage disposal system that complies with the standards of the Durham Region Health Unit and the Ministry of Environment and Energy. The Durham Region Health Unit objects to the proposed development on the basis that the high water table and pond do not make the property suitable for development of a private sewage disposal system. The application does not appear to conform with the policies. 5.2 The Durham Regional Official Plan requires that an environmental impact study be prepared under the guidance of the Region. This report has been prepared and will be discussed under Staff Comments. 5.3 Within the former Town of Newcastle Official Plan, the subject lands are located within the Courtice Major Urban Area. The majority of the property is designated "Residential" and shall be primarily used for residential uses. The eastern portion of the property is designated "Major Open Space System with Hazard Land" and shall be used for preservation and conservation of the natural land and /or environment and managed in such a fashion as to complement adjacent land uses and protect such uses from any physical hazards and their effects. The proposal does not appear to conform with the Official Plan policies. ....4 ME REPORT NO. PD -61 -95 PAGE 4 5.4 Within the Municipality of Clarington Draft Official Plan, the subject lands are located within the "Interim Urban Boundary ". This area defines a 15 - 20 year land supply available for urban development purposes. The subject lands are designated "Urban Residential" with a portion of "Green Space" along the eastern property boundary. Lands designated Residential shall be developed for housing while lands designated Green Space shall be used for active and /or passive recreational, conservation and reforestation uses. This proposal does not appear to conform with the Official Plan policies. 5.5 The applicant has not submitted applications to amend the Durham Region Official Plan or the Official Plan of the former Town of Newcastle to permit the proposed use. 6. ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A) Zone" and "Environmental Protection (EP) Zone ". The "Agricultural (A) Zone" permits residential uses, farms, conservation and forestry, kennels, fur farms, public fairgrounds and riding stables. Uses permitted within an "Environmental Protection (EP) Zone" include parks, golf courses, conservation and forestry, farms and flood and erosion control works. As the present zoning does not permit the proposed uses, the applicant has applied to rezone the property to an appropriate zone to permit the proposed development. It should be noted for Committee's information that residential zones within urban areas only permit new development on full municipal services. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to Council's resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, the appropriate ....5 510 REPORT NO. PD -61 -95 PAGE 5 signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 As of the writing of this report, no written submissions have been received. One counter inquiry relating to the proposed development has been received. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. The Municipality of Clarington Fire Department has no objections to the development proposal. 8.2 The Municipality of Clarington Community Services Department has no objections to the proposal provided that the 5% parkland dedication requirement is provided as cash -in -lieu. 8.3 The Municipality of Clarington Public Works Department cannot support the proposed development for the following reasons: • The lands to be severed are located within the regional flood line as indicated in the East (Macourtice) Tributary of Black Creek Master Drainage Study. This area must be retained to permit existing and future upstream drainage. • No severance or development activity may take place on the subject lands until a grading and drainage plan has been completed to the satisfaction of the Director of Public Works based on the requirements of the East (Macourtice) Tributary of Black Creek Master Drainage Study. This includes the following: the preparation of an erosion and siltation plan for the area; and, the installation of a permanent water quality control facility for the area. ....6 �. 511 REPORT NO. PD -61 -95 PAGE 6 • No development can take place until full urban services are installed on Nash Road. • A road widening will be required as a condition of the application. 8.4 The Durham Regional Health Unit objects to the application on the basis that the high water table and pond do not make the property suitable for development of a private sewage disposal system. 8.5 The Central Lake Ontario Conservation Authority has concerns with the proposal that a suitable area may not exist outside of the floodplain to support the intended use. Only those lands outside of the floodplain should be zoned for residential uses. The following issues are highlighted: • Although no floodplain mapping exists for the area, a floodplain has been determined by the East (Macourtice) Tributary of the Black Creek Master Drainage Plan Study. An elevation of 136.38 metres has been calculated for the area immediately upstream of Nash Road. A detailed topographic survey of the site should be prepared to delineate flood prone areas. Once this has been prepared, the Authority will be in a position to determine the site suitability to support a dwelling unit and septic field. • It would appear that the pond located on the site is spring fed. As the proposed dwelling is to be serviced by a septic system, it may be necessary to address the potential impacts of the septic system on groundwater. Siting of the septic system will be critical to avoid groundwater contamination of the adjacent watercourse. Until these issues have been addressed, the Authority cannot support the application. ....7 __ 5 1 2 REPORT NO. PD -61 -95 PAGE 7 8.7 Comments still remain outstanding from the following agencies: Durham Regional Planning Department Durham Regional Public Works Department Ministry of Natural Resources 9. STAFF COMMENTS 9.1 The Durham Regional Official Plan requires that an environmental impact study be prepared under the guidance of the Region. In 1994, a report entitled "Environmental Impact Study of the Courtice Major Urban Area - Regional Municipality of Durham" was prepared by Ecological Services for Planning Ltd. for the Region of Durham. This assessment was prepared by an environmental consultant and funded through contributions from affected developers. 9.2 The lands subject to this application are located within the Environmental Unit F2 which is rated as "Moderately Sensitive ". This area has been previously disturbed either by complete removal of vegetation or selective timber harvesting. Environmental features include high water table and /or significant recharge areas. This area is characterized as moderately sensitive to development. 9.3 The Environmental Impact Study provides a list of recommendations which should be incorporated into future development. Lands identified as being moderately sensitive should consider the protection of natural forested areas, buffers, forested corridors and practising the following mitigation measures: • minimizing the impermeable cover; • encouraging the infiltration of runoff; • avoiding the installation of buried services and basements below the water table; • timing of sediment removal techniques to avoid large quantities of sediments and contaminants in receiving creeks; and, ....8 513 REPORT NO. PD -61 -95 PAGE 8 restricting the number of access points to natural areas through the erection of backyard fences. 10. CONCLUSION 10.1 Although some comments remain outstanding, the application as submitted does not conform with the Durham Region Official Plan or the Official Plan of the former Town of Newcastle. The applicant has not submitted an Official Plan Amendment application to redesignate the lands to permit the proposed uses. In addition, the Municipality of Clarington Public Works Department, Durham Region Health Unit and Central Lake Ontario Conservation Authority have indicated that the lot is not suitable for development because of lack of services, high water table conditions and lack of available floodplain mapping. For these reasons, it is respectfully recommended that this application be DENIED as opposed to the normal process of referring back for further processing. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P. Director of Planning and Development RH *FW *cc Attachment #1 - Key Map Attachment #2 - Site Plan June 7, 1995 A J W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Dave Kellett William Manson 1754 Nash Road W.D.M. Consultants Inc. Courtice, Ontario L1E 2L9 20 Clematis Road Willowdale, Ontario M2J 4X2 __ 514 REPORT PD-61-95 William Clark CAW Legal Services Plan James M. Richards Oshawa Centre Executive Director Executive Tower, Suite 603 Friends of the Second Marsh Oshawa, Ontario L1J 2K5 P.O. Box 26066 RPO King Street Libby Racansky Oshawa, Ontario L1H 8R4 3200 Hancock Road Courtice, Ontario L1E 2M1 Elmer Pollard 3051 Courtice Road Courtice, Ont L1E 2H8 11 515 ATTACHMENT #1 SUBJECT SITE LOT 29 LOT 28 cn .1t 0 -FF Li Lu rK 0 NASH ROAD 0 0 cn Li ��ap DEV. 95-013. 516 { • ��j j /ix � ��i�i�r � ` /�iv .. INST. No. 75246 Nrn$'IO'E 70.00 DARLINGTON' SKETCH SHOWING PART OF LOT 28, CONCESSION 3 GEOGRAPHIC TOWNSHIP OF DARLINGTON; now in the MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF .DURHAM SCALE .1 : 600 METRIC DISTANCES I r SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. H td1 y N N AREA AREA O tg = 3186.8m = 3850.9m Z a .� INST. No. N24167 8 h INST. No 126526 OWNER DAVE ALFRED m . Q. F� o ---- -- '- -- -- AND CLARA LEONE KELIETT N CC .LOT. 19 :2 28 ¢` � CONCESSION PART .3 3 PAR T •Z' ® O.. . -INST. Nd 121044 ... '� •. am z TO• BE 8 - TO BE SEVERED S . .RETAINED 2 PLAN 1OR . — < 1900 W o 0 cr_ < a Z D 0 PART 2 L�1.70 INST. No. 119986 I ¢ 0— CLIENT: DAVE KELLETT I « 5 /� THE WORK AND DRAWINGS HEREIN MERE COMPLETED FOR THE EXCLUSIVE USE OF / xa0 OR CLIE T ANND NO RES�pBIUTY IS ASSUMED TO ANY THIRD PARTIES 70.00 N )Y20'20' E e P ART 36 PL AN RD-20 NASH ROAD DONEVAN FlE1SCHMANN PETRICH LTD (R^40 n__OrdAFiCE 5E7FrE 7 iCESSlCNS 2 & CCP ONTARIO LAND SIIRVFYnRS H td1 y N