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Home My WebLink AboutPD-015-01 y . ~ DN: P0l5~Ol THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # 7)jf41tf,pt1?)-@~ Res. ':;7/J-/;z/-O / Date: Monday, February 19, 2001 Report #: PD-015-0l FILE #: ZBA 2000-028 By-law # Subject: REZONING APPLICATION APPLICANT: BOB CRAIG ON BEHALF OF 1419345 ONTARIO LTD, PART LOT 11, CONCESSION I, FORMER TOWNSHIP OF CLARKE FILE: ZBA 2000-028 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD-O 15-0 I be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Bob Craig on behalf of 1419345 Ontario Limited be referred back to staff for further processing and the preparation of a subsequent report following the receipt ofthe outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. I. APPLICATION DETAILS 1.1 1.2 Owner: 1419345 Ontario Limited Bob Craig Agent: 1.3 Zoning: from "Agricultural (A)" to an appropriate zone that would permit six (6) single detached lots 1.4 Area: 3.14 hectares (7.75 acres) 2. BACKGROUND 2.1 On October 19,2000, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the development of six (6) single detached lots. 601 REPORT NO,: PD-015-01 PAGE 2 2.2 The area subject to the proposal is located in western Newtonville, north of Highway 2, east of Reid Road, south of Hill Street and west of Ovens Road. The more formal location description is Part Lot 11, Concession 1, former Township of Clarke. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is currently used for agricultural purposes. In recent years it has been used for a hay crop. 3.2 The surrounding land uses are as follows: North South East West hamlet residential and agricultural Highway 2 and beyond, agricultural hamlet residential agricultural 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject site and four (4) public notice signs (one for each frontage) were installed on the lands. 4.2 To date, the Planning and Development Department has received no telephone or other mqUlnes. 5. OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates, the subject property Hamlet. In Policy 13.3.5, new municipal water service to a hamlet is intended for only the hamlet area delineated in the area municipal official plan. Municipal water service was extended to Newtonville in 1989. The subject property has been within the Hamlet of Newtonville since the 1980s. The application conforms provided the relevant portions of Policy 13.3.9 are satisfied. 6DZ REPORT NO.: PD-015-01 PAGE 3 5.2 The Clarington Official Plan designates the subject property as Hamlet Residential. For the Hamlet of Newtonville, the Official Plan requires all development is to be serviced by municipal water. Minimum lot size can be reduced provided an engineering study demonstrates the soil and groundwater conditions can support reduced lot sizes without causing contaminated soil or groundwater. Residential development is conditional upon available municipal water capacity and that there is no evidence of soil and groundwater contamination which cannot be mitigated. The proposed development will be serviced by municipal water, have lot areas in excess of 4,000 m' or I acre (the usual minimum lot size) and have submitted studies showing there will not be soil and groundwater contamination. In all these ways, the application conforms. 6. ZONING BY-LAW CONFORMITY 6.1 The subject property is zoned "Agricultural (A)" which permits, among other uses, one single detached dwelling per existing lot of record. As the proposal is to provide for the severance of six (6) residential lots a rezoning is required. 7. AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. Comments received to date are as follows. 7.2 The Regional Health Department requested: a) a soil sampling program using two-metre deep test holes to reveal the soil profile of the subject property; b) a grading plan showing the proposed lot drainage pattern; c) a hydrogeological report and an environmental impact analysis of the proposal on adjacent water supplies; and d) positive comments from the Ministry of Environment and Energy regarding groundwater impact through development serviced by individual sub-surface sewage systems. 603 REPORT NO,: PD-015-01 PAGE 4 7.3 The Clarington Fire Department noted that turn-around facilities subject to its approval are to be provided on Ovens Road. The applicant has confirmed turn-around facilities for fire vehicles will be built on Ovens Road and the details of such facilities will be determined when the land is divided. The Clarington Fire Department has indicated that design details can be worked out at the time the land is divided. 7.4 The Regional Planning Department noted the following: Although the area of the proposed lots is in Newtonville, a designated Hamlet, and hamlets are the main location for rural settlement, the proposal must be accompanied by studies addressing the requirements of Policy 13.3.9 of the Durham Plan. This includes a recent hydrogeological report, a lot servicing plan, soil sampling tests and a grading plan. Other Regional requirements are as follows: . A 3.0 m road widening, free and clear of all encumbrances, on the Highway 2 frontage and a 0.3 m reserve from Ovens Road to Reid Road. . A site screening questionnaire is required. . An acoustic report is required for the lots in close proximity to Highway 2. . An agricultural report demonstrating no Minimum Distance Separation concerns should be submitted to Clarington. 7.5 The Regional Works Department has remarked that municipal sanitary sewers are not available in the area of the proposal. The proposal could be permitted provided that the site is suitable for the operation of private sewage systems and provided that there will not be any adverse impacts on the water supply, soil or groundwater conditions of adjacent properties. Policy 20.7.7 of the Durham Plan states in part, that development shall have regard to soil conditions to provide for the installation of a satisfactory private sewage disposal system which complies with the standards of the Region and the Ministry ofthe Environment. ,.:/' 1 ," -; REPORT NO.: PD-015-01 PAGE 5 Municipal water supply is available to the subject lands from the existing 200 mm watermain on Highway 2 and Ovens Road. The owner will be required to extend a 150 mm minimum watermain on Reid Road and Hill Street, from Highway 2 to the intersection of Hill Street and Ovens Road. This extension is for the proposed lots on Reid Road. Land development in Newtonville, on municipal water supply, is subject to a $6,000.00 water capacity allocation charge, per unit/lot. Prior to construction of the watermain to Newtonville, the original landowner for the subject lands entered into an agreement with the Region to secure capacity and paid development charges for five lots. The owner will be required to pay for one more unit of water capacity and development charges (at current rates) for construction of a dwelling on one additional lot. The developer will be responsible for the payment ofwatermain frontage charges, at a rate of $97.52 per metre of frontage. The lands have been previously assessed for 38.1 m of frontage which will be credited. The developer will also be responsible for watermain , connection charges (at current rates - $1,665.00 each) for all proposed lots. 7.6 Comments remain outstanding from: . Clarington Public Works Department . Hydro One Networks Inc. . Ganaraska Region Conservation Authority . Public School Board . French-language Public School Board . Separate School Board . French-language Separate School Board . Regional Police Service . Bell Canada 8. STAFF COMMENTS 8.1 As the purpose ofthis report is to give the status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. 605 '- REPORT NO.: PD-015-01 Respectfully submitted, Da id . rome, M.C.I.P., R.P.P. Director of Planning & Development BR *DC*cc February 12,2001 Attachment I - Site Location Key Map Attachment 2 - Rezoning Plan PAGE 6 Reviewed by, OV'Q~~ Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer. Interested parties to be notified of Council and Committee's decision: Bob Craig Sutton Dynamic Realty Inc. 43 Ontario Street BOWMANVILLE, Ontario LlC 2S4 1419345 Ontario Ltd. c/o John Annis Remax First 6 Sunray Street WHITBY, Ontario LlN 9B5 606 ATTACHMENT 1 r;;:"';;;;;;;;:';;:1 S U BJ ECT SITE .................... ..................... .................... ..................... .................... ..................... .................... ..................... LOT 1 2 LOT 11 LOT 1 0 LOT 9 0 0 N C5 <( 0 0 a:::: C5 a:::: Z z a:::: w 0 ....J - ~ Cl ....J en w en ....J a:::: W a. U ~ Z (f) 0 u ~ CLARKE KEY MAP ZBA 2000-028 6D7 .-- z o en en w u z o u l?" I ATTACHMENT 2 \\'\ \ I: 0' !, " " " i. i e'l i' :,"\" <' ~, C>>-4a~--p; S , , ~ I~- '':-'l\4lso-,~ / j , , ~ -, ;/ ~ if' 'j, V 2\8 , I ,',' ,J , ',' " ~. I)r. ,~:. , \ " f, I ~{<,'/'j, -/,1 8' , '," /' ~' '"' '60.&'. 1~_98", ,.- " , . ,-' ~ , // 1, :-;;/>;<.~ , . , " Q . ~ "IQ: : d' T: / :j '"~: " ,: 1'1:. (/' \ 4(,06__~-~' i , , i I : I : ZBA 2000-028 REZONING PLAN 608