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HomeMy WebLinkAboutPSD-060-13 Clarbgton REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: `"1 By-law#: J013 - Report#: PSD-060-13 File#: ZBA 2013-0021 Subject: AN APPLICATION TO CREATE ONE (1) RESIDENTAL LOT ON THE NORTH SIDE OF ORMISTON STREET, EAST OF OLD SCUGOG ROAD, IN HAMPTON APPLICANT: 562503 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-13 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, it is recommended that the application to amend the Zoning By-law, be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 1 to Report PSD-060- 13, be passed; 3. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-060-13 and Council's decision; and 4. THAT all interested parties listed in Report PSD-060-13 and any delegations be advised of Council's decision. Submitted b y Reviewed by. a J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer BW/CP/df 17 October 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-060-13 PAGE 2 1. APPLICATION DETAILS 1.1 Owner: 562503 Ontario Limited 1.2 Applicant: CM Planning Inc. 1.3 Area: 0.517 hectares (1.27 acres) 1.4 Proposal: To permit the rezoning of a portion of the lands located on the north side of Ormiston Street, east of Old Scugog Road, in the hamlet of Hampton from Agricultural Exception "A-1" to allow for the creation of one (1) residential lot. 1.5 Location: The subject lands to this application are located on north side of Ormiston Street, east of Old Scugog Road, in Hampton (see Figure 1). FIGURE 1 N Property Location Map(Hampton) tv &�� Subject Ste 7m cm � QSubject Lands O� Z8A 2013-0021 REPORT NO.: PSD-060-13 PAGE 3 2. BACKGROUND 2.1 In August 2013, 562503 Ontario Limited submitted an application to amend Zoning By- law 84-63. The amendment would allow for one (1) residential lot to be created. 2.2 In October 2010, Clarington Council approved an Official Plan Amendment, adopted by the Region of Durham in March 2011, to expand the Boundary of the Hamlet of Hampton on the north side of Ormiston Street, east of Old Scugog Road, and a Zoning By-law Amendment to change the zoning to allow for the creation of eight (8) hamlet residential lots from Agricultural Exception "A-1" to Residential Hamlet Exception "RH- 28". The subject lands were included in the Hamlet boundary expansion but were not included in the Zoning By-law Amendment, and are currently zoned Agricultural Exception "A-1". 2.3 In 2011, the applicants applied to the Durham Region Land Division Committee to sever eight (8) residential lots to the east of the subject lands. The eight (8) lots were severed from two parcels of land that are divided by an unopened road allowance (See Figure 2). Three lots were to be severed from Lot 1 and five lots were to be severed from Lot 2. In 2012, the severances were approved by Land Division Committee subject to conditions. One of the conditions of approval was to close the unopened road allowance and merge the two retained lands on title, forming one retained parcel. The applicant's appealed the conditions to the Ontario Municipal Board (OMB) because the two (2) retained lots, which would each be eligible for a building permit, would become one (1) lot and only be eligible for one (1) building permit. To address the building permit issue, the applicant's applied for an additional severance to create one (1) additional building lot, allowing the applicant's to maintain the same number of building permit rights. The application for an additional building lot, which staff did not object to, was granted by the OMB subject to the same conditions that applied to the eight (8) abutting lots and a condition that the new lot be rezoned to maintain the same development criteria of the abutting eight (8) lots. 2.4 In 2013, the applicant's applied to the Committee of Adjustment for variances from the maximum front yard setback and maximum permitted outside width of garage provisions within the RH-28 Zone for eight (8) lots to the east. The variances were denied by the Committee and appealed to the OMB by the applicants. The OMB heard the appeal on July 25, 2013, in a separate hearing from the previous consent appeal, and granted the applicant's appeal to permit a maximum front yard setback of fifty (50) metres and a maximum permitted outside width of garage of forty-five (45) percent of the dwelling where a garage door faces a street. The lands subject to the current application were not included in the minor variance applications for the eight (8) lots to the east; therefore the variances granted by the OMB do not apply to the subject lands. REPORT NO.: PSD-060-13 PAGE 4 FIGURE 2 N f \ Lot 3 I Lot 2 77 w LANEWAY 2 zz i i \ Lot 1 ` H / E T O- �� \ \ 0 Lot 1 O Lot 2 \ / Lot 3 [:3 Retained Subject Lands Unopened Road Allowance Lots B To I Zoned RH-28 l REPORT NO.: PSD-060-13 PAGE 5 2.5 In July 2013, Council approved a report from the Engineering Department, EGD-023-13, that approved, in principle, to close and convey the unopened road allowances as they were unlikely to be required by the Municipality. 2.6 The applicant's submitted this Zoning By-law Amendment application to fulfil the conditions of the severance application granted by the OMB earlier this year. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located on the north side of Ormiston Street, east of Old Scugog Road in the Hamlet of Hampton. The lands are currently vacant with a few trees and long grass. 3.2 The surrounding uses are as follows: North - Woodlot South - Single Detached Residential Properties, Hampton Junior Public School East - Vacant, Future Single Detached Residential Properties West - Single Detached Residential Properties 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas, including hamlets, as the focus of growth. The subject application is consistent with the Provincial Policy Statement. 4.2 Greenbelt Plan The Greenbelt Plan recognizes that settlement areas in the Greenbelt are integral to the character of the rural and agricultural areas. While growth is to be focused in areas with municipal water and wastewater services, infill and intensification of Hamlets is permitted subject to appropriate water and sewage services. The subject application conforms to the Greenbelt Plan, 4.3 Provincial Growth Plan The Growth Plan provides a framework for accommodating major growth in settlement areas that offer municipal water and wastewater services, in an effort to build compact and complete communities. Growth in Hamlet areas serviced by private individual water and wastewater systems should be limited. The subject lands would have access via an existing local road and previous hydrogeological investigations demonstrated that the lands can be suitably serviced. The subject application conforms to the Growth Plan. REPORT NO.: PSD-060-13 PAGE 6 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands as Hamlet within the Rural System. Hamlets are the predominant location for residential development in the rural area. The subject application conforms to the Regional Official Plan. 5.2 Clarington Official Plan Within the Clarington Official Plan the subject lands are designated Hamlet Residential which allows for individual land severances provided they do not jeopardize the future development of the hamlet. The Hamlet policies require a minimum lot size of 0.4 hectares and must meet the Durham Regional Department's requirements with respect to servicing, including providing a primary and reserve conventional tile field area and preparation of a technical report demonstrating no negative impacts on adjacent wells and septic systems. Access will be obtained via Ormiston Street which is an existing local road. The subject applications meet the intent of the Official Plan. 6. ZONING BY-LAW 6.1 The subject lands are currently zoned Agricultural Exception "A-1" in Zoning By-law 84- 63. The current zoning permits a single detached dwelling but would provide different development standards than the abutting future residential lots to the east. As set out in the conditions of approval by the OMB's decision the subject lands are required to be rezoned to ensure they are subject to the same development criteria as the eight (8) lots to the east. The OMB approved minor variances earlier this year, for the eight (8) lots zoned H-28 to the east, to permit a maximum front yard setback of fifty (50) metres and a maximum permitted outside width of garage of forty-five (45) percent of the dwelling, where the garage faces the street. As the appeals were for a minor variance the RH-28 zone regulations do not change to match the variances granted by the OMB. In order to comply with the Board's decision, the subject lands should be rezoned to a new site specific zone that will incorporate the provisions as laid out in the decision of the OMB. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. The public notices for this application were mailed on September 25, 2013, and the sign posted on the property by September 27, 2013, more than 30 days before the scheduled public meeting. REPORT NO.: PSD-060-13 PAGE 7 At the writing of this report, Staff had received no inquiries regarding this application. 8. AGENCY COMMENTS 8.1 The Region of Durham Planning Department and Durham Health Department have reviewed the application and have no objection. 8.2 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the application and has no objection. The properties are located within CLOCA's regulated area and a permit has been submitted for site grading, servicing and construction of residential lots. 9. DISCUSSION 9.1 The proposed Zoning By-law Amendment conforms with all applicable Provincial policy and the policies of both the Durham Regional Official Plan and the Clarington Official Plan. 9.2 The Engineering Services Department and Emergency Services Department have confirmed that they have no objection to the approval of this application. The Engineering Department have commenced the process for closure of the unopened road allowance. 9.3 When the Official Plan Amendment was approved to expand the Hampton Hamlet Boundary in 2010 and the Zoning By-law Amendment was approved to zone the eight (8) lots to the east, a Hydrogeological study and an Environmental Impact Statement were completed and reviewed by municipal staff, Durham Region and CLOCK The Environmental Impact Statement identified a significant woodlot to the north of the subject lands that were not included in the hamlet boundary expansion. The Environmental Impact Statement also indicated that the subject lands did not contain any significant environmental features. The Hydrogeological study supported a total of ten (10) dwellings, eight (8) residential lots as well as one (1) dwelling on each of the two (2) retained lands. There will now be one (1) retained lot and nine (9) residential lots, which does not increase the number of dwellings that was contemplated in the Environmental Impact Statement and Hydrogeological studies. 9.4 The Zoning By-law Amendment is required as a condition of the consent approval issued by the OMB. The intent of the condition for a rezoning imposed by the OMB, in the decision to approve the consent application, was to ensure the subject lands are developed in a similar manner to that of the eight (8) lots to the east. To achieve this intent the subject lands should be zoned to reflect the variances approved by the OMB, in the decision to approve the minor variances. This requires a new site specific Residential Hamlet RH- 29 Zone. REPORT NO.: PSD-060-13 PAGE 8 10. CONCURRENCE — Not Applicable 11. CONCLUSION 11.1 In order to allow for the development of one (1) residential lot that is consistent with the lots to the east it is proposed that the subject lands be rezoned to Residential Hamlet Exception "RH-29". 11.2 Provided there are no significant issues raised at the Public Meeting, and based on the comments in this report, it is recommended that the rezoning application submitted by 562503 Ontario Limited be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 1 to Report PSD-060-13, be passed. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Brandon Weiler, Planner II Attachments: Attachment 1 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Carolyn Molinari Rick Rondeau Durham Regional Planning Department Municipal Property Assessment Corporation ATTACHMENT 1 TO REPORT PSD-060-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2013- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2013-0021; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. 9.3.29 RESIDENTIAL HAMLET EXCEPTION (RH-29)ZONE Notwithstanding the provisions of Sections 9.2 c. (i), on those lands zoned "RH-29" on the Schedules to this By-law shall be subject to the following zone regulations: a. Yard Requirements i) Front Yard a) Minimum 10 metres b) Maximum 50 metres b. Garage Requirements i) Where an attached garage faces a street the maximum permitted outside width of the garage shall be 45%of the total width of the house. 2. Schedule 7"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to 'Residential Hamlet Exception (RH-29)Zone"as illustrated on the attached Schedule"A"hereto. 3. Schedule"A"attached hereto shall form part of this By-law. 4. 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 passed in open session this 4th day of November 2013 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2013- , passed this day of , 2013 A.D. Ya d oF` N ® Zoning Change From"A-1"To"RH-29" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk � a i C� N a Hampton ° ZBA2013.0021 t % SCHEDULE?