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HomeMy WebLinkAboutPSD-002-01 .-/ ,. .~ ON: POO2-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT File # y/Lj 2ffll;2()(){) ~ Res. ttf;r/+--11;2-0/ By-law #0/ ~ /'J'1' Meeting: General Purpose and Administration Committee Date: Tuesday, September 4, 2001 Report #: PSD-002-01 Subject: REZONING APPLICATION APPLICANT: BOB CRAIG ON BEHALF OF 1419345 ONTARIO LTD. PART LOT 11, CONCESSION 1, FORMER TOWNSHIP OF CLARKE FILE: ZBA 2000-028 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. 2. 3. 4. THAT Report PSD-002-01 be received; THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending by-law, as per Attachment 3 be forwarded to Council for approval; THAT a by-law to remove the Holding (H) Symbol be forwarded to Council at such time that all the conditions of draft approval for the related plan of subdivision have been fulfilled; THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1.0 1.1 APPLICATION DETAILS Owner: 1419345 Ontario Limited 1.2 Agent: Bob Craig 1.3 Rezoning: From "Agricultural (A)" to "Holding-Residential Hamlet ((H)RH)" in order to permit the creation of six (6) lots for single detached houses. 1.4 Area: 3.14 hectares (7.75 acres) 609 , . REPORT: PSD-002-01 PAGE 2 2.0 BACKGROUND 2.1 On October 19, 2000, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit the development of six (6) single detached lots. 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 (see Attachment 1). The more formal location description is Part Lot 11, Concession 1, former Township of Clarke. 2.3 A Public Meeting for the rezoning was held on February 19, 2001. No one spoke in objection to/with concern for the rezoning. No one spoke in support of the rezoning. The agent, Mr. Bob Craig, acting for the property owner, 1419345 Ontario Limited, was present to answer any questions. 3.0 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 - hamlet residential and agricultural South - Highway 2 and beyond, agricultural East - hamlet residential West - agricultural 4.0 OFFICIAL PLAN CONFORMITY 4.1 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 1980's. The application conforms provided the relevant portions of Policy 13.3.9 are satisfied. Regarding Policy 13.3.9, a hydrogeologic study has been submitted and reviewed by the Regional Health Department. Section 6.3 of this Report outlines two outstanding concerns the Regional Health Department has which will be addressed during the plan of subdivision stage for the proposal. 4.2 The Clarington Official Plan designates the subject property as Hamlet Residential. For the Hamlet of Newtonville, the Official Plan requires all development to be serviced by municipal water. Minimum lot size can be reduced provided an engineering study demonstrates the soil and groundwater 610 . REPORT: PSD-002.Q1 PAGE 3 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 m2 or 1 acre (the minimum lot size) and studies have been submitted showing there will not be soil and groundwater contamination. Accordingly, the application conforms. 5.0 ZONING BY-LAW COMPLIANCE 5.1 The subject property is zoned "Agricultural (A)" which permits, among other uses, one single detached dwelling per existing lot of record. As the proposal provides for the creation of six (6) residential lots, a rezoning is required. 6.0 AGENCY COMMENTS 6.1 The Clarington Engineering Department has stated no objection to the proposed rezoning but advises the actual development of the subject property is premature until such time as the following concerns have been addressed to the satisfaction of the Director: . The Preliminary Grading and Drainage Plan must be revised to clearly illustrate how the development will impact the external drainage system and how the stormwater from the subject lands is conveyed to a suitable outfall location. Any required improvements to the external drainage system must be on the plan. The owner is responsible for 100% of the cost of external drainage improvements that form a connection between the subject lands and a suitable outfall location. . The owner/applicant is responsible for 100% of the cost of reconstruction of Ovens Road from Hill Street to the southerly limit of development, as well as any other external works or services which are deemed necessary by the Director to service this development. . The development is premature in nature until such time as any improvements on Hill Street and Reid Road deemed necessary by the Director to facilitate this development have been' included in the Municipality's Development Charge By-law and until such time as the expenditure of funds for these improvements has been approved by Municipal Council. The required improvements may include, but not be limited to, resurfacing, illumination, drainage improvements and pedestrian improvements. . The owner/applicant will be required to submit a Hydrogeologist's Report, which demonstrates that development of the proposed subdivision will not adversely affect any wells located in the vicinity. 611 . REPORT: PSO-o02-01 PAGE 4 . The owner/applicant will be required to carry out a Ground Water Monitoring Program satisfactory to the Director. The cost of the program shall be borne 100% by the owner/applicant. . The owner/applicant must enter into a subdivision agreement with the Municipality which includes all requirements of the Engineering Department regarding the engineering and construction of all internal and external works and services related to this proposal. . The owner/applicant must meet all the requirements of the Engineering Department, financial or otherwise. . The owner/applicant must provide an appropriate cash contribution in lieu of the normal parkland dedication. The Engineering Department acknowledged both the Public School Board and the Separate School Board have requested the installation of sidewalks to service the development. The installation of sidewalks on Hill Street is impractical due to the steep topography. Road improvements may be required to facilitate use by pedestrians. 6.2 The Emergency Services 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 developed through the draft plan of subdivision process. The Emergency Services Department has indicated that design details can be worked out at the time the land is developed through the draft plan of subdivision process. 6.3 The Regional Health Department had no objections to the proposed rezoning in principle. At the lot creation stage, the following is required: . The proposed preliminary lot grading and servicing plan submitted by D.G. Biddle & Associates does not address Department concerns regarding final grades of tile bed area. This is necessary since many of the homes may have walk-out basements which may have implications on the design of the sewage systems (ie. raised tile beds due to clay soil conditions). Therefore, a side profile plan of existing and proposed grades for the proposed tile bed areas is required. . A hydrogeological impact report for assessing the potential for groundwater impact at developments serviced by individual sewage systems may be required. It is to be noted a hydrogeological impact report may not be 612 REPORT: PSD-002-G1 PAGE 5 required if there are no down gradient water supplies impacted but this must be verified by the owner/applicant's hydro-geologist. 6.4 The Regional Works Department stated municipal watermains are available on Highway NO.2. and Ovens Road frontages. The Region's standard location for a domestic water service is the centre of the proposed lots. However, due to obstructions/practicality, a location other than the centre of the site would be acceptable. 6.5 The Regional Planning Department noted, 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. 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 owner of the subject lands entered into an Agreement with the Region to secure capacity and paid development charges for five(5) lots. The current owner/applicant must 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 of watermain frontage charges and for watermain connection charges for all proposed lots. The proposal would be permitted on private sanitary sewage systems 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 that complies with the standards of the Region and the Ministry of the Environment. Other Regional requirements are noted as follows: . A 3.0 metre road widening, free and clear of all encumbrances, on the Highway 2 frontage and a 0.3 metre 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 is required demonstrating no Minimum Distance Separation concerns. 613 REPORT: PSD-002-01 PAGE 6 6.7 The Ganaraska Region Conservation Authority stated the subject property lies outside of any fill or flood limit. This property does lie adjacent to an unclassified wetland on the west side of Reid Road (see Attachment 1). The wetland is zoned Environmental Protection Area. To protect from any potential impacts, erosion control measures will be required on the cross culvert under Reid Road. Silt fencing or a check dam would prevent any sediment from being transported to the wetland during construction of the lots. No other environmental impacts are anticipated with the large size of these lots and the Authority has no objections to this application. 6.8 The Public School Board stated it expects any elementary students generated by this development to walk to Newtonville Public School and requested sidewalks abutting the development but had no objections to the application. 6.9 The Separate School Board requested that adequate provision be made for sidewalks in this development. There are no additional concerns with the application. 6.10 Hydro One Networks Inc. has stated no objection to the application and willingness to remove the existing hydro line and to build a new hydro line around the subject property at the owner/applicant's expense. 7.0 STAFF COMMENTS 7.1 The proposal for zoning the subject lands for hamlet residential uses is in conformity with the planned growth and development of the Hamlet of Newtonville as identified in the Official Plan. A holding symbol would be placed on the zone until such time as the conditions for a plan of subdivision on the subject lands has been fulfilled. 7.2 A Phase 1 Environmental Site Assessment, was completed. Therefore, a site screening questionnaire does not have to be completed. No evidence of contamination was found and from an environmental viewpoint, a real estate transaction could proceed. 7.3 D.G. Biddle and Associates Limited prepared a letter report that confirmed that increased building setbacks beyond the standards of the Residential Hamlet zoning were not required and that noise abatement measures were limited to acoustic fence and increased window glazings. A Noise Impact Study will be completed outlining any abatement measures during the draft plan of subdivision process. 7.4 Toombs Consulting prepared a letter report reviewing all livestock barns within 500 metres of the site. Only one livestock bam was found within 500 metres of 614 REPORT: PSO-o02-o1 PAGE 7 the site, at 4283 Highway 2, and it is within the Hamlet of Newtonville and the Minimum Distance Separation formula is not applied to barns in such a location. The rezoning application complies with the Minimum Distance Separation requirements. 7.5 The applicant will be required to submit a Plan of Subdivision application to create the lots. Although the application is for only 6 lots, there are a number of servicing issues, external road improvements and groundwater issues that are most appropriately addressed through a plan of subdivision process. The comments/concerns of the various agencies would be imposed through conditions of draft approval and the execution of a draft Plan of Subdivision agreement. 8.0 CONCLUSION 8.1 It is respectfully recommended the rezoning from "Agricultural (A)" to "Holding- Residential Hamlet ((H)RH)" be APPROVED as contained in the attached Zoning Amendment By-law. Respectfully submitted, Reviewed by, Q. ^.QJ:L,-~Qp ~avid J. Crome, M.C.I.P., R.P.P. ()~. Director of Planning Services Department A/)() rL) '-J t""tLv~ -~ k Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer BR*L T*DC*df 15 August 2001 Attachment 1 - Site Location Key Map Attachment 2 - Rezoning Plan Attachment 3 - Zoning By-law Amendment 615 REPORT: PSD-002-01 PAGE 8 Interested parties to be notified of Council and Committee's decision: Bob Craig Sutton Dynamic Realty Inc. 43 Ontario Street BOWMANVILLE, Ontario L 1 C 2S4 1419345 Ontario Ltd. clo John Annis Remax First 6 Sunray Street WHITBY, Ontario L 1 N 9B5 Barbara Shetler 4404 Highway 2 NEWTONVILLE, Ontario LOA 1JO 616 , ATTACHMENT 1 r':':':':':":':':':':':':':':';:-:':'I SU BJECT SITE ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... LOT 12 LOT 11 LOT 10 LOT 9 Q <( o e::: z o ~ ....J a.. ~ (f) Q <( o e::: UJ ....J ....J ~ ~ CLARKE KEY MAP ZBA 2000-028 617 N Z o - (/) (/) LLI U Z o u ~ z o (/) (/) LLI U Z o u ATTACHMENT 2 (.I.V, ,,~' " v '3 L~, ~. -..Jl.u'-.J I : "'~ - I: , Q"'Vl ;, .. ~~ I~- .~o ,~,,- , H\GHWAY 2 ZBA 2000-028 REZONING PLAN 618 THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW NUMBER 2001- 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 C1arington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2000-028; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: I. Schedule "17" to By.law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding-Residential Hamlet ((H)RH) Zone", as illustrated 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 2001 BY-LAW read a second time this day of 2001 BY. LA W read a third time and finally passed this day of 2001 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 619 ATTACHMENT 3 This is Schedule "A" to By-law 2001- passed this day of . 2001 A.D. LOT 11 ,> j~" ~~~ 1...........1 ZONING CHANGE FROM "A" TO "(H)RH" , ..... z o CiS C/) L.U C,) Z o C,) John Mutton, Mayor Patti L. Barrie, Municipal Clerk LOT 12 LOT 11 LOT 10 LOT 9 NEWTONVILLE '" Z o Vi {j) w U Z o U 620 t