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HomeMy WebLinkAboutPSD-043-18Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 14, 2018 Report Number: PSD -043-18 Resolution Number: PD -092-18 File Number: ZBA2017-0035 By-law Number: 2018-050 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 -043-18 be received; 2. That the application to amend the Zoning By-law submitted by Fourteen Estates Limited be approved and that the Zoning By-law Amendment contained in Attachment 1 to Report PSD -043-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -043-18 and Council's decision; and 4. That all interested parties listed in Report PSD -043-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -043-18 Report Overview Page 2 This report recommends that Council approve a proposed Zoning By-law Amendment to zone the subject lands to a Special Environmental Protection Exception Zone. The purpose of the By -Law amendment is 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/Applicant: Fourteen Estates Limited 1.2. Agent: Carolyn Molinari — CM Planning Inc. 1.3. Proposal: Amend Zoning By-law 84-63 from "Agricultural Exception (A-1)" and "Environmental Protection (EP)" to a Special Environmental Protection Exception zone to restrict the use of lands for open space purposes and for dilution of nitrates to allow the creation of two additional building lots for single detached dwellings. 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. The proposal is to rezone 0.48 hectares of land to a special Environmental Protection Exception Zone to restrict the use of lands for open space uses for the dilution of nitrates from nearby residential development. The approval of this rezoning application would permit an additional two residential lots fronting onto Ormiston Street in Hampton. Municipality of Clarington Report PSD -043-18 O Nitrate Dilution Area stormwater overland Flow Area Previously Severed Lots Potential LD 055-2014 Proposed New Lot Hamlet 0 LD 056-2014 Proposed New Lot Boundary \ �\h Xpa , slon v' Subject Site � I I I I I I I I I I � 7�;.�- 7� I l O� ti 7. 201 -0035 Figure 1: Proposal including Lands for Potential Future Development Page 3 2.2. At the public meeting in February, members of Council requested copies the hydrogeological reports related to the application. Hydrogeological reports for these lands go back to 2001 which included the initial application to create lots on the north side of Ormiston Street. There are 15 reports in total done by different hydrogeologists and peer reviewers. On February 28, 2018, Mayor and Members of Council were circulated the final six reports and addenda which address the proposed two additional lots. 2.3. Also, at the public meeting held in February, Council requested that the Durham Region Hydrogeologist be present when the subject application returns to Committee, as a means to provide clarification and answer Council questions. Regional staff are not able to attend this meeting and the peer reviewer declined the request to attend the meeting. In consideration of these events the applicant has indicated that their consultant from GHD would be present at the meeting, should Committee have questions or need clarification on the hydrogeology. Municipality of Clarington Report PSD -043-18 Page 4 2.4 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. 2.5 The Hydrogeological Update submitted in support of the application, as well as the peer review are summarized in Section 7 of this report. 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. Figure 2: Aerial view of subject lands 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 Municipality of Clarington Report PSD -043-18 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 residential development on lands fronting on Ormiston Street subject to applications LD055/2014 and LD056/2014. Municipality of Clarington Report PSD -043-18 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 of two additional lots. 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 Reviewer is in agreement that the Hydrogeological Update provided as it 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; x Future development and sources of nitrate should be prohibited on the 0.48 hectare of land that has been identified for nitrate dilution purposes. 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. 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 Municipality of Clarington Report PSD -043-18 Page 7 westerly towards these lands. The dilution lands will not be developed in the future since they are part of an environmental area and cannot be used in future nitrate calculations. 8. Public Submissions 8.1 At the public meeting held on February 20, 2018, six residents addressed the Planning and Development Committee with concerns regarding the proposed zoning that would allow the creation of two additional lots. Two of the residents also submitted follow up e- mails to Staff reiterating their opposition to the proposed rezoning. 8.2 The residents' concerns from the comments made at the public meeting and the written submissions related to a number of items, including tree removal, fill on existing lots fronting onto Ormiston Street, CLOCA involvement, reversing the decision of the Land Division Committee, stopping future development on lands to the north, construction works, and clarification regarding nitrate dilution. These concerns are addressed in Section 11 of this report. 9. Agency Comments Regional Municipality of Durham 9.1 The Regional Municipality of Durham, Planning and Economic Development Department has no concerns with the rezoning application. Central Lake Ontario Conservation Authority 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. Municipality of Clarington Report PSD -043-18 Page 8 11. Discussion 11.1 Both the consultant's work and the Region's peer review support the applications. The proposed nitrate dilution area is outside the Hamlet boundary and will be taken into account during consideration of development opportunities in the future should the Hamlet boundary be permitted to expand. It is Clarington's practice to place any additional land required for nitrate dilution beyond the limits of the proposed lots (0.48 hectares according to the Hydro -geological Study) in a restrictive zone so that the land cannot be used for another use. 11.2 As mentioned, at the public meeting, six residents addressed the Planning and Development Committee with concerns regarding the proposed zoning and two of the residents also submitted follow up e-mails reiterating their opposition to the proposed rezoning. The residents' concerns are reviewed in Sections 11.3 to 11.11. Tree removal on 5439 Old Scugog Road, Hampton 11.3 Mrs. Wallace purchased the property at 5439 Old Scugog Road from Mr. Ricciuto on July 24, 2014. Mr. Ricciuto was the applicant for the original Official Plan Amendment and Rezoning to allow the creation of the lots on Ormiston Street. Prior to Mr. Ricciuto selling the parcel he had registered an easement on the property to allow for stormwater management works associated with the lots being created on Ormiston Street. This included the removal of trees. A tree preservation plan had been prepared by Henry Kortekaas & Associates and approved by the Municipality of Clarington. Tree cutting was approved for the area shown on Figure 3. 11.4 The Tree Preservation Plan shows the required tree removal on the area of the property subject to the drainage easement. Henry Kortekaas inspected the site on March 6, 2018 and confirmed that the grading and tree removal was implemented as designed. 11.5 Based on the verbal and written submissions, it appears that Mrs. Wallace was not aware of the easement over the property located at 5439 Old Scugog Road and the works approved to be done on the easement lands when the property was purchased. Further, it appears that the Owner and/or contractor did not provide any notice to Mrs. Wallace prior to the tree removal commencing. Although the timing is unfortunate and the communication was poor, the work was done according to the approved Tree Preservation Plan as confirmed by Mr. Kortekaas and as per the easement documents. Municipality of Clarington Report PSD -043-18 Page 9 1012 0 17 fl?r 5439 Old 5cugog �. w „� `# +• ".' Approved Tree CUIGng * Nesta dilution Alba # T Ove nand Flew lma L'O�r7-003 '�T y' 45$4e�4a'JfSP Figure 3: Approved Tree Removal Increased Amount of Fill on Existing Lots fronting onto Ormiston 11.6 At the public meeting, a neighbouring resident expressed concerns with the fill being imported to the lots prior to construction. Clarington Engineering Services Department confirmed that each lot which has been built up fronting onto Ormiston Street have approved lot grading plans along with the approval of the building permits. The amount of fill was reviewed and approved through this process. Clarification on how nitrates will be diluted to the rezoned lands 11.7 The nitrate dilution area shown in Figures 1 and 3 were identified as appropriate dilution areas since the lands are located downgradient of the lots to be constructed east of the watercourse. Based on the submitted Hydrogeological Reports, the groundwater is noted to travel in a westerly direction, rendering the lands subject to the proposed rezoning the most appropriate for nitrate dilution. Further, the nitrate dilution area will Municipality of Clarington Report PSD -043-18 Page 10 remain undeveloped with the two additional lots. This area cannot be used in future nitrate calculations should future development proceed to the north. Central Lake Ontario Conservation Authority Involvement 11.8 A question was raised as to whether the Central Lake Ontario Conservation Authority (CLOCA) had been involved with the review of the application and whether there were any concerns from their perspective. CLOCA was circulated the rezoning application for comments on November 22, 2017. Based on the comments received on January 25, 2018, the conservation authority supports the area being designated for nitrate dilution and has no objection to the approval of the rezoning. CLOCA also reviewed the consent applications and did not object to the lot creation. Reversal of Land Division Decisions 11.9 Planning Staff contacted the Durham Regional Land Division Committee for information regarding the public circulation sent out advertising the two applicable land division applications. Based on information provided by the Durham Region Land Division Committee, as per the Planning Act Requirements, public notice was circulated to all residents within 60 metres. The applications were tabled at the July 25, 2014 meeting and tabled several times after that. Following the initial mail out, only residents and interested parties that made written submissions would have received a copy of any future notices relating to the applications and of the decision. In the case of these applications, no residents or interested parties came forward for the July 25, 2014 meeting and therefore, no further material was sent out. The appeal period for the decision has expired. Preventing Development north of the Current Proposals (Hamlet Boundary Expansion) 11.10 Currently, there is no approval in place or formal development applications proposed for the lands to the north of the proposed lots. When Official Plan Amendment 107 (OPA 107) was adopted on November 1, 2016, it included an expansion to the hamlet boundary. 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. All interested parties related to this application will be added to the Interested Parties list for the appeal to the hamlet expansion. Construction Works 11.11 At the public meeting, many residents' concerns were related to the behaviour of construction employees to date, with the construction of the existing dwellings by Fourteen Estates, fronting onto Ormiston Street. At the Public Meeting, Carolyn Molinari provided business cards for the site supervisor for any resident who wanted to have direct contact to express ongoing concerns. Staff have not received any complaints. Municipality of Clarington Report PSD -043-18 Page 11 In the future residents should be encouraged to contact Municipal Law Enforcement or the Engineering Department. 12. Concurrence Not Applicable. 13. Conclusion In consideration of all agency, staff and public comments and given that this application is to implement a decision of the Durham Land Division Committee, it is respectfully recommended that Council approve the application to amend Zoning By-law 84-63 (see Attachment 1). 14. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Amanda Tapp, Planner, 905-623-3379 ext. 2420 or atapp(a-)clarington.net Attachments: Attachment 1 — Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. AW/CP/DJC/nl c\'vepartment\LUU NEvv F iLING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0035 Ronoeau_Ormiston\Staff Report\Recommendation Report\PSD-043-16.u0cx Attachment 1 to Report No. PSD -043-18 Corporation of the Municipality of Clarington By-law Number 2018 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 ZBA2017-0035; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `1' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP)" to "Environmental Protection Exception (EP -7) " 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 passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. 82 T ZO 61 51 A 3� `''�`�� �o 6 21 !�� y rn Vrc 55615 PaN �� � ON �` 561:: �, `-a co 55$5 yZ 00 26 6 5565 2p 7� 19 CPI 16Y15 11 551 p, 1 RRry A 3 � LO OWO Ib �NCO Gj� QJ M Dc� q �GJ� N � P� � 6' 72 Q�hNO - Zoning Change From 'EP' to 'EP -7' " s Darlington • ZBA 2017-0035 • Schedule 1 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk