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HomeMy WebLinkAboutPDS-012-23Public Meeting 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: March 6, 2023 Report Number: PDS-012-23 Submitted By:Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By:Mary-Anne Dempster, CAO File Number:ZBA2022-0013 and S-C-2022-0004 Resolution#: PD-014-23 Report Subject: Rezoning and Draft Plan of Subdivision for 12 residential units in Newtonville Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1. That Report PDS-012-23 and any related communication items, be received for information only; 2. That Staff receive and consider comments from the public and Council with respect to the Zoning By-law Amendment and Draft Plan of Subdivision applications submitted by 1044960 Ontario Limited (Veltri and Sons Limited) and continue processing the applications including preparation of a subsequent report; and 3. That all interested parties listed in Report PDS-012-23 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-012-23 Report Overview The Municipality is seeking the public’s input on applications for a proposed Zoning By-law Amendment and Draft Plan of Subdivision submitted by 1044960 Ontario Limited (Veltri and Sons Limited) to permit a total of 12 single detached dwellings on a new public street, in the Hamlet of Newtonville. 1. Application Details 1.1. Owner: 1044960 Ontario Limited (Veltri and Sons Limited) 1.2. Applicant: Clark Consulting Services 1.3. Proposal: Draft Plan of Subdivision Proposed Draft Plan of Subdivision for 12 single detached dwellings. Zoning By-law Amendment To rezone the subject lands from “Environmental Protection Exception (EP-7)” to an appropriate zone to permit 12 single detached dwellings. 1.4. Area: 16.7 hectares, with approximately 4.2 hectares intended for development. 1.5. Location: West of George Burley Street, south of Jones Avenue, east of Charles Tilley Avenue and north of Highway 401, Newtonville (see Figure 1). Municipality of Clarington Page 3 Report PDS-012-23 Municipality of Clarington Page 4 Report PDS-012-23 2. Background 2.1 In 2005, Veltri and Sons Limited received draft plan approval for lots in the south - east quadrant of the hamlet. The lots on Jones Avenue were registered in 2007, the lots on Charles Tilley Avenue in 2011. 2.2 On March 25, 2022, 1044960 Ontario Limited (Veltri and Sons Limited) submitted applications for a Zoning By-law Amendment and Draft Plan of Subdivision with supporting documentation for 12 lots for single detached dwellings on a new public street in the Hamlet of Newtonville. The lands subject to the current draft plan and Block A on Figure 1, were retained by Veltri as nitrate dilution areas for previously registered lots. The nitrate dilution areas were a recommendation in a hydrogeological study, approved by the Region of Durham, to ensure there was no impact to groundwater as a res ult of private sewage systems. The applicant has now applied for 12 single detached lots, on a portion of lands previously identified for nitrate dilution. 2.3 The applicant has submitted the following studies in support of the applications which have been circulated to departments and agencies for review.  Planning Justification Report and Urban Design Brief  Environmental Impact Study (EIS)  Sustainability Report  Hydrogeological Report  Traffic Brief  Landscape Design Brief  Stormwater Management and Functional Servicing Report  Civil Engineering Plans Package 2.4 The studies are being reviewed by staff and agencies and will be summarized in a future report. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located West of George Burley Street, south of Jones Avenue, east of Charles Tilley Avenue and north of Highway 401 in Newtonville. The site is relatively flat and covered with shrubs and mature trees. 3.2 The following are the surrounding land uses:  North – Single detached dwellings  West – Single detached dwellings  South- Vacant wooded lands  East – Vacant wooded lands Municipality of Clarington Page 5 Report PDS-012-23 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The Provincial Policy provides policy direction for appropriate development while protecting resources of public interest, public health and safety, and the quality of the environment. The PPS states that in rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration is promoted. 4.2 The PPS permits growth and development which will provide intensification that is appropriate in scale for the Hamlet of Newtonville. 4.3 The proposal is consistent with the Provincial Policy Statement. Provincial Growth Plan 4.4 The subject site is in a rural settlement area. The Growth Plan incudes policies to direct and encourage development to settlement areas. The proposal is a minor infill development within a rural settlement areas. 4.5 The proposal is consistent with the Provincial Growth Plan. Greenbelt Plan 4.6 The subject lands are within a designated hamlet within the limits of the Greenbelt Plan. Limited growth is permitted through infill and intensification of hamlets subject to appropriate water and wastewater services. 4.7 The proposal is consistent with the Greenbelt Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject lands as Hamlet. Hamlets primarily consist of single detached dwellings. Limited growth can occur only in those hamlets that are determined to be suitable for further development. Hamlets shall be individually serviced with drilled wells and private sewage systems in compliance with Ministry of Environment, Conservation and Parks (MECP). 5.2 Schedule B to the Region’s Official Plan shows Key Natural Heritage and Hydrogeologic Features adjacent to the subject site. An Environmental Impact study is required. 5.3 The proposal is consistent with the Regional Official Plan. Municipality of Clarington Page 6 Report PDS-012-23 Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands as Hamlet Residential. The Hamlet Residential designation is predominantly intended for housing purposes. Policy 12.4.5 in Clarington’s Official Plan dictates that the following provisions apply to the Hamlet of Newtonville: i) All development shall be serviced by municipal water; ii) The minimum lots size of 0.4 hectares, which applies to all rural settlement areas, may be reduced provided an engineering study demonstrates to the satisfaction of the approval authorities that the soil and groundwater conditions can support reduced lot sizes without contaminating soil or groundwater; iii) No further development shall be permitted upon reducing the capacity of the municipal water supply system, regardless of whether designated lands remain vacant; and iv) No further development shall be permitted if there is evidence of soil and groundwater contamination, which cannot be mitigated until the contamination is addressed to the satisfaction of the approval authorities. 5.5 The site is within proximity to lands designated Environmental Protection. An Environmental Impact Study (EIS) is required to determine the proximity of natural heritage features mainly to the south and east. An EIS has been submitted and is under review by the Conversation Authority and Municipal Staff. 5.6 The proposal is consistent with the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject site “Environmental Protection (EP)”, and “Environmental Protection Exception (EP-7) Zone”. A Zoning By-law Amendment is required to permit the proposed 12 lots for single detached dwellings. A draft zoning by- law is included as Attachment 1. 7. Public Notice and Submissions 7.1 Public Notice was mailed to each landowner within 120 metres of the subject lands within the hamlet boundary and 300 metres of the subject lands outside the hamlet boundary. Notice of the Public Meeting was installed on the property. 7.2 At the time of writing this report no public comments had been received. Municipality of Clarington Page 7 Report PDS-012-23 7.3 On December 8th, 2022, Staff met with residents residing on Jones Avenue and Charles Tilley Crescent, within the first two phases of Veltri’s development. The residents expressed concerns regarding the following:  Residents paid a premium for the lots because the backed onto open space;  Resident’s use the subject lands and Block A for recreational enjoyment and walking trails will no longer be permitted;  Concern that the Municipality did not retain the subject lands and Block A with the original approvals; and  Questions regarding the next steps in the planning process. 8. Agency Comments Regional Municipality of Durham 8.1 The Region considers the proposed development premature until such time as the hydrogeological investigation has been peer reviewed to the Region’s sat isfaction. Ganaraska Region Conservation Authority (GRCA) 8.2 The subject property is located partially within a GRCA regulated area, as such a permit is required from the Authority for development within the GRCA regulated area. 9. Departmental Comments Development Engineering 9.1 Development Engineering has no objections to the proposal in principle. All comments will be addressed through the ongoing subdivision process. Emergency and Fire Services 9.2 Emergency and Fire Services have no objection to the proposal. Municipality of Clarington Page 8 Report PDS-012-23 10. Discussion 10.1 The proposed draft plan is consistent with the Provincial Policies, provided it can be demonstrated through the appropriate studies that development is appropriate for that particular area. 10.2 The current proposal has lots ranging from 2000 square metres to 5,500 square metres. The policies of the Clarington Official Plan allows for a reduction in lots sizes from the minimum 4000 square metres (0.4 hectares) for all rural settlement areas provided it can be demonstrated that there will be no impact to soil or groundwater. The original hydrogeological study was initially prepared in 1991 has been updated to demonstrate the current proposal can be supported. The Region of Durham Official Plan policies require this report to be peer reviewed by an independent consultant, under the direction of the Region. 10.3 The applicant has provided an Environmental Impact Study which is currently under review by the appropriate agencies and municipal staff. 10.4 The existing residents have asked why the Municipality did not require transfer of the subject lands and Block A, at the time the lots were approved. The reasons are three - fold: 1. Firstly, the Region of Durham Health Department as a condition of approval, required the lands to remain with the subdivision and in the ownership of the developer. The developer would maintain the lands to ensure groundwater quality met the regional and provincial standard and remediate if required. 2. Secondly, the municipality would not accept lands with such an encumbrance. 3. Finally, the Municipality rarely requires the dedication of lands within rural areas or in the case of a hamlet, for a park. There is a park west of the subject site on the north side of Jones Avenue. The subject lands are not contiguous to other publicly owne d open space where trails or other recreational uses that would be available for the general public. 10.5 The residents are concerned that they would lose the enjoyment of the subject site and Block A for their recreational enjoyment. As Veltri and Sons allowed the use of these lands for residents recreational use, and so then would have assumed the maintenance and liability. 11. Financial Considerations Financial implications of this project will be included in subsequent reports as more information becomes available. Municipality of Clarington Page 9 Report PDS-012-23 12. Concurrence This report has been reviewed by the Director of Planning and Infrastructure Services Department and the Deputy CAO/Treasurer. 13. Conclusion The purpose of the Public Meeting report is to provide background information on the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by to permit a total of 12 lots for single detached dwellings for the Public Meeting under the Planning Act. Staff will continue processing the applications including preparation of a subsequent report. Given the changing land use legislation and provincial mandates that are impacting the municipality and the agencies involved in the development process, as well as the availability of local resources, the Municipality cannot commit to a specific date to bring a recommendation report forward. Staff is committed to expeditiously review and process applications, this timing is also impacted by the willingness of the applicant to meet Council policies and standards and provide the information in a tim ely manner. Staff Contact: Sarah Parish, Planner II, 905-623-3379 x 2432 or sparish@clarington.net Attachments: Attachment 1 – Draft Zoning By-Law Interested Parties: List of Interested Parties available from Department. Attachment 1 to PDS-012-23 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 2023-XXXX 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 to for ZBA 2022-0013; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule “16” (Newtonville)” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Environmental Protection Exception (EP-7) Zone” to “Holding-Residential Hamlet (H)(RH-XX) Zone”; as illustrated on the attached Schedule “A” hereto. 2. Schedule “A” attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 36 of the Planning Act. Passed in Open Council this _____ day of _____________, 2023 ____________________________ Adrian Foster, Mayor ____________________________ June Gallagher, Municipal Clerk