HomeMy WebLinkAboutPD-92-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: MCMEEKIN.GPA
REPORT
Meeting:General Purpose and Administration Committee File # F)(-)9 O LO (1s (Jc' q
Date: Tuesday, September 5, 1995 Res.
Report #TD-92-95 File #: OPA 95-004/D By-law #
Subject, DURHAM REGION OFFICIAL PLAN AMENDMENT - 4275 TOOLEY ROAD
APPLICANT: GORDON & PATRICIA MCMEERIN
PART LOT 32, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON
FILE: OPA 95-004/D
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-92-95 be received;
2 . THAT the Region of Durham Planning Department be advised that:
a) the Municipality of Clarington has no objections to the
Official Plan Amendment application submitted by Gordon and
Patricia McMeekin as it pertains to the proposed south lot
subject to the applicant obtaining all approvals from the
Central Lake Ontario Conservation Authority; and,
b) the Municipality of Clarington recommends that the north lot
be denied; and,
3. THAT all interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Gordon and Patricia McMeekin
I
1.2 Agent: Same as above
1.3 Durham Region Official Plan Amendment:
To amend the Rural Settlement designation to
increase the number of country residential lots
permitted from 51 to 53 lots.
1.4 Site Area: 1.5 hectares (3. 71 acres)
2. LOCATION
2 . 1 The subject lands together comprise a 1.5 ha (3 .71 ac) parcel on
the east side of Tooley Road and north of Pebblestone Road north
of Courtice. The property in legal terms is known as Part Lot
32, Concession 4 in the former Township of Darlington. The lot,
located within an existing country residential plan of
. . . .2
i
t"
531
REPORT NO. PD-92-95 PAGE 2
subdivision, can be further described as Lot 1 of Registered Plan
10M-808.
3. BACKGROUND
3 . 1 On March 27, 1995, Gordon and Patricia McMeekin filed an
application with the Durham Regional Planning Department to amend
the Durham Region Official Plan. The purpose of the application
is to increase the number of country residential lots permitted
within the subdivision from 51 to 53 lots . This would allow the
creation of 2 new lots, one on the south side of the existing
dwelling and one on the north side of the existing dwelling,
located on Lot 1 of Registered Plan 1OM-808 .
3 .2 The previous owners, Bruce and Deborah Wood, constructed a
residential dwelling on the northern two-thirds of Lot 1, part of
which is within the floodplain. There have been filling and
grading activities conducted around the dwelling, resulting in
the limit of the floodplain (i.e. the "Environmental Protection
(EP) " zone) being affected. As a result, the Central Lake
Ontario Conservation Authority has no alternative but to accept
the current site condition.
3 .3 In December 1989, Deborah Wood submitted applications to amend
the Durham Region Official Plan and the former Town of Newcastle
Comprehensive Zoning By-Law to create two additional country
residential lots on this parcel, one on the south side and one on
the north side of the existing dwelling. At that time, the
Municipality recommended approval of the Official Plan Amendment
to permit the south lot only. The proposed north lot was
primarily within the floodplain and therefore not suitable for
development.
3. 4 In October 1990, the Durham Region Planning Department also
recommended approval of the proposed amendment only to permit the
. . . .3
532
a
REPORT NO. PD-92-95 PAGE 3
lot to the south of the existing dwelling. The reasons for
approval included direct access onto Tooley Road, grading above
the floodplain, compatibility with surrounding lots and infilling
of existing lands .
3.5 However, Regional Staff reversed their recommendation in December
1990 and recommended denial of the application in its entirety.
It is noted that the adjoining neighbours objected to the
application. Subsequently, the Region denied the Official Plan
.Amendment application.
4. EXISTING AND SURROUNDING USES
4 . 1 Existing Uses : Country residential dwelling
4 .2 Surrounding Uses:
East: Farewell Creek and country residential dwellings
North: Rural residential dwellings
West: Rural residential dwellings
South: Country residential dwellings
5. OFFICIAL PLAN POLICIES
5 . 1 Within the existing 1991 Durham Region Official Plan, the subject
lands are designated "Rural Settlements - Country Residential
Subdivision" . The maximum number of lots permitted within the
subdivision is 51. As the proposed uses do not conform to these
policies, the applicant applied to amend the Official Plan to
permit two additional country residential lots .
5.2 The subject lands are not included within the Official Plan of
the former Town of Newcastle and are therefore not subject to its
policies .
6. ZONING BY-LAW CONFORMITY
6 .1 The subject lands are currently zoned "Residential Estate (RE) "
and "Environmental Protection (EP) " which permits the existing
. . . .4
REPORT NO. PD-92-95 PAGE 4
residential dwelling. Should the Official Plan Amendment be
approved and one additional lot created south of the existing
dwelling, the current zoning of the lands would permit the
construction of a single family dwelling. However, the proposed
north lot is zoned "Environmental Protection (EP) " .
7. AGENCY COMMENTS
7 . 1 The application was circulated to solicit comments from other
relevant agencies . The Municipality of Clarington Fire
Department has no objections to the proposal.
7 .2 The Municipality of Clarington Community Services Department has
no objections to the application provided that the applicant
contributes the 5% parkland dedication requirement as cash-in-
lieu to the parks reserve account.
7 . 3 The Municipality of Clarington Public Works Department has no
objections to the proposal provided the following conditions are
fulfilled:
• all utilities and services must be buried underground;
• a lot grading and drainage plan must be submitted for
approval. In addition, a lot grading and drainage deposit
of $1, 000. 00 per lot must be provided to the Municipality.
This deposit will be refunded once the works have been
completed to the satisfaction of the Director of Public
Works;
• the applicant will be required to make application for
property access onto Tooley Road;
• the applicant is responsible for all costs necessary to
facilitate the construction of entrances from the subject
property onto Tooley Road. This may include such items as
utility relocation, culverts, ditching and restoration;
and,
. . . .5
53 �
REPORT NO. PD-92-95 PAGE 5
• written confirmation must be obtained form the Central Lake
Ontario Conservation Authority that they have no objection
to the placement of fill within the Regional Flood Line.
7 .4 The Central Lake Ontario Conservation Authority advised that
substantial filling and regrading has occurred on the site since
the original approval. This has made the proposed lots flood
susceptible to varying amounts . The regional storm floodplain
elevation of 152 . 12 metres (499 . 1 feet) affects most of the
southern lot, including all of its road frontage, as well as the
rear portions of the retained and the northern lot. In addition,
the potential impacts from filling within the floodplain and the
effects on flood elevations on subject and adjacent lands are
unknown. Until the applicant has demonstrated that the proposed
lots can be protected from flooding without causing detrimental
impacts on adjacent properties, the Authority cannot support the
application.
7 .5 As previously mentioned, the existing dwelling was erroneously
constructed partially within the regional flood plain. As the
house is now existing, the Central Lake Ontario Conservation
Authority is willing to accept its location. The development
proposal indicates that there is sufficient land zoned
"Residential Estate (RE) " to the south of the existing dwelling
unit to permit one additional country residential lot.
Discussions with the Central Lake Ontario Conservation Authority
have indicated that a technical report detailing water storage
capacity within the floodplain is required for review by
Authority Staff. If the technical report meets the approval of
the Authority, the southerly lot could be developed.
8. STAFF COMMENTS
8 . 1 Section 13.3 . 22 (1) of the Durham Region Official Plan permits
amendments for country residential development provided that the
proposal is "not located within, or contiguous to, or have a
. . . .6
REPORT NO. PD-92-95 PAGE 6
negative impact on, environmentally sensitive areas identified on
Map "A" . " With respect to the northerly portion of the subject
lands, the Durham Plan indicates that there is some environmental
sensitivity in this area. Approval of development in this area
would therefore conflict with the provisions of the Durham Region
Official Plan. Therefore, approval of the northerly lot cannot
be supported.
8 .2 With respect to the south lot, the land is currently zoned
"Residential Estate (RE) " which permits the proposed lot to be
used for residential purposes . Staff have no objection to the
Official Plan Amendment application that would create the south
lot. This position is consistent with Staff recommendations and
Council's approval of the similar application made by the
previous owner in 1989 . With respect to the issue raised by the
Conservation Authority, it appears the concerns can be mitigated.
8 .3 The content of this report deals with the issue of official plan
amendment. Matters such as zoning compliance, lot grading and
drainage plan, development charges and cash-in-lieu of parkland
will be evaluated and/or imposed through the land severance
process and/or building permit process .
9 . CONCLUSIONS
9 . 1 Based on the discussion in this report, Staff have no objection
to the APPROVAL of one additional country residential lot to the
south of the existing dwelling subject to the applicant obtaining
all necessary approvals from the Central Lake Ontario
Conservation Authority.
536 . . . . 7
REPORT NO. PD-92-95 PAGE 7
Respectfully submitted, Reviewed by,
Franklin Wu, M.C. I .P. , R.P.P. , W. H. Stockwell
Director of Planning Chief Administrative
and Development Officer
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Attachment #1 - Key Map
Attachment #2 - Proposed Lot Plan
August 23, 1995
Interested parties to be notified of Council and Committee's decision:
Gordon and Patricia McMeekin
4275 Tooley Road
Courtice, Ontario LlE 1Z4
537
Attachment + 1
SUBJECT SITE
35 34 33 32 31 30 29 28
CONCESSION ROAD 6
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