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Report To: Planning and Development Committee
Date of Meeting: February 20, 2018
Report Number: PSD -016-18 Resolution Number: #PD -030-18 & #PD -031-18
File Number: ZBA2017-0035 By-law Number:
Report Subject: An Application by Fourteen Estates Limited to rezone a 0.48 ha
parcel to restrict the use of lands for open space purposes to allow
for nitrate dilution to permit an additional two residential lots in
Hampton
Recommendations:
That Report PSD -016-18 be received;
2. That staff consider the public comments received in the further processing and
preparation of a subsequent of the proposed application for Zoning By-law Amendment
(ZBA2017-0035); and
3. That all interested parties listed in Report PSD -016-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -016-18
Report Overview
Page 2
Staff is seeking public input on a proposed Zoning By-law Amendment to zone the subject
lands to a Special Environmental Protection Exception Zone to restrict the use of lands for
open space purposes and for dilution of nitrates from the septic systems of 11 residential lots
on lands fronting on Ormiston Street in Hampton. The additional nitrate dilution area allows
two additional lots to the nine lots that are currently permitted.
1. Application Details
1.1 Owner: Fourteen Estates Limited
1.2 Applicant/Agent: Carolyn Molinari — CM Planning Inc.
1.3 Proposal: To rezone 0.48 hectares to a Special Environmental
Protection Exception Zone to restrict the use of the lands for
open space uses that would for dilution of nitrates from nearby
residential development.
1.4 Area: 0.48 hectares
1.5 Location: Part Lot 17, Concession 5, former Township of Darlington
1.6 Roll Number: 1817-010-120-09822 and 1817-010-120-09700
1.7 Within Built Boundary: No
2. Background
2.1 Applications for Official Plan Amendment and Zoning By-law Amendment to expand the
Hampton Hamlet boundary were originally filed in 2003 and approved by Council in
2010. Originally the approval allowed for 8 lots based on supporting studies. This was
amended through a subsequent rezoning in November 2013 to allow a ninth based in
part on additional lands that was part of an unopened road allowance that had been
closed and conveyed to the applicant. Following approval of the Official Plan and Zoning
By-law Amendments, the lots were created through consent applications. The nine lots
created varied in size from 0.49 ha (1.21 acres) to 1.05 ha (2.6 acres).
2.2 On July 25, 2014, the Durham Region Land Division Committee heard applications
LD055-2014 and LD056-2014 to divide two of the nine lots referenced above to allow two
additional lots (a total of 11 lots). At the time of application, Clarington Staff comments
provided concerns about further lot creation given previous hydrogeological studies.
Municipality of Clarington
Report PSD -016-18
O Nitrate Dilution Area
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Previously Severed Lots Potential
LD 055-2014 Proposed New Lot Hamlet
0 LD 056-2014 Proposed New Lot Boundary
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Page 3
Figure 1: Proposal including Lands for Potential Future Development
2.3 The hydrogeological study prepared by the applicant's consultant was peer reviewed by
a consultant retained by the Region of Durham. The applicant's consultant and the Peer
review consultant both agreed that the two proposed additional lots could be supported
from a servicing perspective with a 0.48 ha (1.2 acre) nitrate dilution area being
identified. On July 17, 2017, Land Division Applications, LD055/2014 and LD056/2014,
were approved with conditions by the Land Division Committee.
2.3 As a condition of approval for the consent applications the Municipality required the
area required for nitrate dilution be placed in a restrictive zone to ensure it is not used
for any other development purposes.
2.4 A Hydrogeological Report prepared by GHD Limited dated December 13, 2016, a Peer
Review conducted by Golder Associates dated April 11, 2017 and two addendum letters
prepared by GHD Limited dated May 11, 2017 and August 10, 2017 were submitted in
support of this application.
Municipality of Clarington
Report PSD -016-18 Page 4
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are 0.48 hectares (1.2 acres) in area and are located directly adjacent
to a number of existing developed and undeveloped rural residential lots created by way
of consent, fronting onto Ormiston Street in Hampton. The lands slated for nitrate
dilution are vacant and wooded with some mature vegetation, and form part of the
Natural Heritage System.
3.2 The surrounding uses are as follows:
North - Vacant Environmental Protected and Agricultural Lands
South - Hampton Junior Public School and Residential Dwellings
East - Residential Dwellings, Environmental Protected and Agricultural Lands
West - Residential Dwellings
A -+
Figure 2: Aerial view of subject lands
3.3 When OPA 107 was adopted on November 1, 2016, it included an expansion to the
hamlet boundary as shown on Figure 1. The Region, in approving OPA 107 deferred
the expansion to the Hampton Hamlet boundary. The decision to defer the expansion,
as well as the size of the expansion was appealed by 562503 Ontario Ltd. and Honey
Harbour Heights Estates Ltd, which are both companies associated with Fourteen
Estates limited, the applicant for this rezoning. The subject lands, if rezoned for nitrate
dilution associated with the two additional lots fronting on Ormiston Street could not be
used in future considerations of the hamlet expansion.
Municipality of Clarington
Report PSD -016-18
4. Provincial Policy
Provincial Policy Statement
Page 5
4.1 The Provincial Policy Statement identifies settlement areas, including hamlets, as the
focus of growth. Private sanitary sewage and water services are permitted where there is
no negative impacts. The purpose of the nitrate dilution area is to ensure no negative
impacts.
4.2 The subject application is consistent with the Provincial Policy Statement.
Greenbelt Plan
4.3 The subject lands are within the Protected Countryside of the Greenbelt whereas the
residential lots are within a hamlet settlement area. Infill and intensification of Hamlets is
permitted subject to appropriate water and sewage services. The application to rezone
the lands for nitrate dilution is to serve proposed and new residential development on
lands fronting on Ormiston Street, within the settlement area. The subject lands will be
placed in restrictive zoning so that the land cannot be used for another use.
4.4 The application conforms to the Greenbelt Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject lands as Prime Agricultural
Areas and Hamlet. The subject lands will be in a site specific zoning restricting the use of
the subject lands.
5.2 The application conforms to the Durham Regional Official Plan.
Clarington Official Plan
5.3 Within the Clarington Official Plan the subject lands are designated Hamlet Residential
and Environmental Protection. The subject lands will be in a site specific zoning restricting
the use of the subject lands.
5.4 The application conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)", and
"Environmental Protection (EP)". The rezoning application will rezone, 0.48 hectares to a
Special Environmental Protection Exception Zone to acknowledge the use and purpose of
the lands for nitrate dilution serving proposed and new residential development on lands
fronting on Ormiston Street subject to applications LD055/2014 and LD056/2014.
Municipality of Clarington
Report PSD -016-18
7. Summary of Background Studies
Hydrogeological Update
Page 6
7.1 The applicant retained GHD Limited to prepare a Hydrogeological Update, Nitrate Impact
Assessment, Ormiston Street, Hampton, ON in favour of the development proposal. The
report, dated December 13, 2016 provides an updated nitrate loading assessment for an
11 -lot residential development. The report's key conclusion are as follows:
x Based on the previous hydrogeological work completed at this Site that the
addition of 11 lots will have no impact to the on-site or off-site wells that tap the
deeper aquifer; and
x The nitrate impact assessment model can be made acceptable by the addition of
0.48 hectares.
Hydrogeological Peer Review
7.2 The Region of Durham retained Golder Associated Ltd to peer review the GHD report,
Hydrogeological Update, Nitrate Impact Assessment, Ormiston Street, Hampton. The key
conclusions to the peer review, dated April 11, 2017 are as follows;
x The Peer Review is in agreement that the Hydrogeological Update provided
generally supports the development of 11 lots on 5.66 hectares plus an additional
0.48 ha of land to be used for nitrate dilution purposes from a nitrate dilution
perspective;
x Future development and sources of nitrate should be prohibited on the 0.48 hectare
of land that has been identified for nitrate dilution purposed.
GHD Limited Addendum Letter, Response to Hydrogeological Comments,
Municipality of Clarington
7.3 The applicant retained GHD Limited to prepare an addendum letter, dated May 11, 2017,
to address the Municipality of Clarington comments dated May 9, 2017. The Addendum
Letter addresses concerns mainly related to the impact to on-site or off-site wells. The
letter summarizes that the future wells of this development will have minimal impact on
wells drawing water from this aquifer. The letter further states that no impacts from
properly constructed septic disposal systems is expected to existing dug/bored wells or
deeper drilled wells in the area.
Municipality of Clarington
Report PSD -016-18 Page 7
GHD Limited Addendum Letter #2
7.4 The applicant retained GHD Limited to prepare a second addendum letter, dated August
10, 2017, to address further correspondence between external agencies and the
applicants. The second Addendum Letter provides information on the 0.48 hectares of
land needed for nitrate impact assessment calculations for the addition of 2 lots for a total
of 11 lots. The letter explains that the area identified for nitrate dilution purposes is
downgradient of the proposed severed lots and that groundwater naturally travels
westerly towards these lands. The dilution lands will not be developed in the future since
they are part of an environmental area cannot be used in future nitrate calculations.
8. Public Notice and Submissions
8.1 Public notice was given by mail to each landowner within 120 metres of the subject lands.
The public notice for this application was mailed on January 19, 2018. The Public Notice
sign was installed on the subject lands along two separate frontages on Ormiston Street
in Hampton.
DEVELOPMENT PROPOSAL
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Figure 3: Notice of Development Proposal
8.2 At the time of writing, staff had received one general inquiry and one e-mail submission
from a neighbouring household in opposition to the proposed application. The concerns
within the written submission related to current and future construction of the lots on
Ormiston Street. These concerns are addressed in Section 11 of this report.
9. Agency Comments
Regional Municipality of Durham
9.1 The application was circulated to the Durham Planning and Health Departments. As of
the writing of this report, no comments had been received. Once Regional comments
are received, they will be included in a future report.
Municipality of Clarington
Report PSD -016-18
Central Lake Ontario Conservation Authority
Page 8
9.2 The Central Lake Ontario Conservation Authority has no objection to the approval of the
rezoning application.
10. Departmental Comments
Engineering Services
10.1 The Engineering Services Department has no objection, in principle, to the application.
Building Division
10.2 The Building Division has no comments regarding the application.
11. Discussion
11.1 Nitrates are produced by bacteria from ammonia found in human waste. Regional policy
requires that every lot on private services has adequate nitrate dilution areas on the lot
itself. Alternatively, other lands outside of the site can be used for nitrate dilution,
provided there are appropriate studies supporting this alternative method.
11.2 Both the hydrogeological study and the peer review support an off-site nitrate dilution
area in order to allow the severance of the two lots. Staff requested that the additional
0.48 hectares of land be given a restrictive zoning so that the land cannot be used for
another use.
11.3 The resident's concerns referenced in Section 8.2 are related to the development of the
lots on Ormiston Street to date and opposition to the creation of any further lots. The
Land Division applications (LD055 and 056/2014) were approved conditionally on July
17, 2017. There were no objections from the public to the severances and no appeals
were made. It would appear that the concerns are not related directly to this rezoning
application but they are as a result of the land division applications and construction
activity.
11.4 No other significant issues have been raised to date regarding the Zoning By-law
Amendment. Until such time as comments are received from the Durham Region, it is
unknown whether there are any issues from a Regional perspective. However, all other
agency comments have been received.
12. Concurrence
Not Applicable.
Municipality of Clarington
Report PSD -016-18
13. Conclusion
Page 9
Staff will continue the processing of the application including the preparation of a
subsequent report upon receipt of the outstanding agency comments and considering any
public input received at the public meeting.
14. Strategic Plan Application
Not applicable.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Andrew C. Allison, B.Comm, LLB
Chief Administrative Officer
Staff Contact: Amanda Tapp, Planner, 905-623-3379 ext. 2420 or atapp clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Shawn Rondeau, Honey Harbour Heights Estates Ltd
Carolyn Molinari, CM Planning Inc.
Andrew and Amanda Townson
Carrol Clemens
AT/C P/n I
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