HomeMy WebLinkAboutPSD-002-01
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ON: POO2-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
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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)
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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
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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
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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
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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.
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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
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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
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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
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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
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ATTACHMENT 1
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LOT 12 LOT 11 LOT 10 LOT 9
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KEY MAP
ZBA 2000-028
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ATTACHMENT 2
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H\GHWAY 2
ZBA 2000-028
REZONING
PLAN
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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
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1...........1 ZONING CHANGE FROM "A" TO "(H)RH"
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John Mutton, Mayor Patti L. Barrie, Municipal Clerk
LOT 12 LOT 11 LOT 10 LOT 9
NEWTONVILLE
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