HomeMy WebLinkAboutPSD-028-16 Clarington
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Report To: Planning and Development Committee
Date of Meeting: April 25, 2016
Report Number: PSD-028-16 Resolution Number: PL)- yo,e
File Number: ZBA2016-0009 By-law Number: ,
Report Subject: An Application by City Homes to implement Draft Approved
Plan of Subdivision 18T-89012 to permit the development of 24
residential lots in the hamlet of Enniskillen
Recommendations:
1. That Report PSD-028-16 be received;
2. That provided there are no significant issues raised at the Public Meeting that the
Zoning By-law Amendment application submitted by City Homes be approved as
contained in Attachment 1 to Report PSD-028-16;
3. That once all conditions contained in the Official Plan and Zoning By-law with
respect to the removal of the (H) Holding Symbol are satisfied, the By-law
authorizing the removal of the (H) Holding Symbol be approved;
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-
028-16 and Council's decision; and
5. That all interested parties listed in Report PSD-028-16 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD-028-16 Page 2
Report Overview
Jamie Maclnnis (City Homes) is proposing to amend Zoning By-law 2005-109 to
implement the Draft Approved Plan of Subdivision 18T-89012 by allowing:
1 . Lot areas and lot frontages that exceed the maximum permitted in the "Rural
Settlement One (RS1)" Zone, and
2. The lands east of the limits of the draft plan to be rezoned "Environmental
Protection (EP)"
Provided that there are no substantive issues raised by residents at the public meeting,
it is recommended that the application be approved.
1 . Application Details
1.1. Owner: Steven and Karen Carruthers
1.2. Applicant: Jamie Maclnnis (City Homes)
1 .3. Agent: D.G. Biddle and Associates
1.4. Proposal: A Zoning By-Law Amendment application to implement the Draft
Approved Plan of Subdivision 18T-89012
1.5. Area: 14.92 hectares
1.6. Roll Number: 1-817-010-150-12800
1.7. Location: Northeast quadrant of the Hamlet of Enniskillen, being Part lot 18,
Concession 8, in the Former Township of Darlington
2. Background
2.1. The original subdivision application was submitted in 1989 by Mr. Rowan. At the
time, the site was governed by Zoning By-law 84-63 and was zoned "Residential
Hamlet (RH)" which permitted a single detached home on a lot with a minimum lot
frontage of 30 metres and lot area of 4000 square metres. The application
complied with the zoning at the time and a rezoning was not required. The lands
were Draft Approved in May of 2014.
2.2. When Zoning By-law 2005-109 for lands within the Oak Ridges Moraine was
implemented, the zoning of the subject parcel changed. The new zoning, in
addition to the minimum zone provisions contained in the `RH' zone has maximum
lot areas and lot frontages, which were not applicable within Zoning By-law 84-63.
By-law 2005-109 requires minimum lot frontages of 30 metres and a maximum of
40 metres. Additionally, Zoning By-law 2005-109 has a minimum lot area of 4000
Municipality of Clarington
Report PSD-028-16 Page 3
square metres and a maximum of 6000 square metres. All of the draft approved
lots exceed the maximum lot frontage and two exceed the maximum lot area.
2.3. A small intermittent stream at the east property boundary was identified as a
hydrologically sensitive feature through the processing of the subdivision
application. In 2009, a revised submission of the draft approved plan was received
which showed the feature removed from the draft plan. As a condition of draft
approval the Owner agreed to meld these lands with the agricultural lands to the
east also owned by the Owner and agreed to rezone the lands to "Environmental
Protection (EP) Zone".
2.4. On March 24, 2016, Planning Staff received the current rezoning application to
implement the Draft Approved Plan of Subdivision by allowing- increased
maximum lot frontages and lot areas and to rezone the eastern portion of the
subject lands as Environmental Protection.
Figure 1: Subject Property and Proposed Zone Limits
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Municipality of Clarington
Report PSD-028-16 Page 4
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located in the north-east quadrant of the hamlet of
Enniskillen. The property has frontage on Old Scugog Road and Regional Road 3.
Immediately east of the limits of the draft plan there is a watercourse surrounded
by vegetation.
3.2 The surrounding uses are as follows:
North - one rural residential lot and cultivated agricultural lands
South - hamlet residential
East - a farm supporting a residential dwelling, farm buildings and cultivated
agricultural lands
West - hamlet residential
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement identifies settlement areas, including hamlets, as
the focus of growth and development. The proposed rezoning is consistent with
the 2014 Provincial Policy Statement as it provides for residential development
within the hamlet of Enniskillen.
4.2 Greenbelt Plan
The Greenbelt Plan recognizes that settlement areas in the Greenbelt are integral
to the character of the rural and agricultural areas. The subject lands are within
the Hamlet of Enniskillen and identified for residential use. The proposed rezoning
is consistent with the Greenbelt Plan.
4.3 Provincial Growth Plan
The Growth Plan provides a framework for accommodating major growth which
allows growth in Hamlet areas serviced by private individual water and private
wastewater systems. The proposed rezoning is consistent with the Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates Enniskillen as "Hamlet". Hamlet
development shall only proceed if the required technical studies conclude that the
Municipality of Clarington
Report PSD-028-16 Page 5
development on individual private services is sustainable. The Region issued
comments in August of 2012, which indicated that their peer review was complete
and the development of 24 residential lots could proceed, subject to a number of
conditions that were imposed through draft approval of the subdivision. The
proposed rezoning is consistent with the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as "Hamlet". The
predominant form of development shall be single detached dwellings, community
facilities, including parks. The proposed rezoning is consistent with the
Municipality of Clarington Official Plan.
6. Zoning By-law
Zoning By-law 2005-109
Within Zoning By-law 2005-109, the subject site is zoned "Holding — Rural
Settlement One ((H) RS1) Zone".
The provisions within the Rural Settlement One (RS1) Zone require that lot
frontages are a minimum of 30 metres and a maximum of 40 metres. Additionally,
the Rural Settlement One (RS1) Zone requires lot areas are a minimum of 4000
square metres and a maximum of 6000 square metres. All of the draft approved
lots exceed the maximum lot frontage and two exceed the maximum lot area.
A small intermittent stream at the east property boundary was identified as a
hydrologically sensitive feature. Central Lake Ontario Conservation, as a condition
of approval requires these lands to be zoned "Environmental Protection (EP)
Zone". The two issues require a rezoning to implement this Draft Plan of
Subdivision.
7. Summary of Background Studies
Hydrogeology and Site Servicing
Oakridge Environmental Ltd., prepared an initial report in November 2005 which
was peer reviewed and supplementary reports were provided in 2009 and 2012.
In June 2012, the peer review consultant provided a letter indicating that Oakridge
Environmental Ltd. completed sufficient work to adequately demonstrate that a
sufficient quantity of groundwater was available from the aquifer with little risk to
neighbouring groundwater users and therefore no further issues needed to be
addressed with respect to water quantity or quality of groundwater at this site.
Municipality of Clarington
Report PSD-028-16 Page 6
8. Public Notice and Submissions
8.1 Public notice was mailed to each landowner within 120 metres of the subject
property and a public meeting sign was installed on the frontages of Old Scugog
Road and Regional Road 3.
8.2 One inquiry on the subject application was received at the time of writing this
report. The individual e-mailed the Planning Services Department for further
information on the file. The individual had no concerns with the application, as the
rezoning is consistent with what was Draft Approved through 18T-89012.
9. Agency and Departmental Comments
9.1 Engineering Services Department and the Central Lake Ontario Conservation
Authority has no objection to the proposed Zoning By-law Amendment.
9.2 Upon the writing of this report, formal comments have not been received from:
Durham Region Works Department, Durham Regional Planning Department and
Durham Regional Health Department. However, as noted above this application is
implementing a condition of Draft Approval for Plan of Subdivision 18T-89012, the
Region had no objection to the draft approval of the proposed 24 lot plan of
subdivision.
10. Discussion
10.1 The subject site is located in the Hamlet of Enniskillen and is zoned for residential
development. The proposal is consistent with provincial policies, the policies of the
Clarington Official Plan and the Region of Durham Official Plan.
10.2 Studies have been submitted to confirm that residential development can proceed
on private water supply and private septic systems with no expected negative
impacts to surrounding wells. The original application for the draft plan of
subdivision in 1989 proposed 33 residential lots. In 2006, a revised application was
submitted by Mr. and Mrs. Carruthers which showed only 26 residential units.
Through this application, a hydrogeological and site servicing report was done.
The number of lots were reduced to 24 to address the hydrogeological conditions.
This reduction in number of lots has resulted in larger lot areas and larger lot
frontages than the original proposal.
10.3 The watercourse and the associated vegetation along the east limits of the draft
plan was removed from the draft plan and will be rezoned to "Environmental
Protection (EP) Zone" through this rezoning application.
10.4 It is in staff's view that the rezoning is appropriate, consistent and implements the
Draft Approved Plan of Subdivision 18T-89012.
Municipality of Clarington
Report PSD-028-16 Page 7
11 . Concurrence
Not applicable
12. Conclusion
Staff have received no resident concerns to date on this application. It is staff's
view that this rezoning implements what was approved with the Draft Approved
Plan of Subdivision 18T-89012 for the subject lands. Provided there are no
substantive issues raised at the public meeting, it is recommended that the
rezoning application be approved.
13. Strategic Plan Application
Not applicable
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Submitted by: Reviewed byL-1)_11_Z__<_/�f� "
D Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Amanda Watson, Planner I, 905-623-3379 ext. 2420 or
awatson@clarington.net
Attachments:
Attachment 1 ---Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Steven and Karen Carruthers
Jamie Maclnnis, City Homes
Michael Fry, D.G. Biddle & Associates
Dennis Noakes
CP/AW/df
Attachment 1 to
Municipality of Clarington Report PSD-028-16
Corporation of the Municipality of Clarington
By-law Number 2016-
being a By-law to amend Zoning By-law 2005-109, the Comprehensive Zoning By-law
for the Oak Ridges Moraine portion of 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 2005-109, as amended, of the Corporation of the Municipality of Clarington to
implement the Draft Approved Plan of Subdivision 18T-89012 to permit the development of 24
detached dwellings and a park on the subject lands (ZBA2016-009);
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1 . Section 8.4 "EXCEPTIONS ZONES" and 8.4.1 RS1 Exception Zones is hereby amended
by adding thereto, the following new RS1-3 Zone 8.4.1.3 as follows:
"8.4.1.3 RS 1-3
Notwithstanding the provisions of 8.3.1 a., those lands zoned "RS1-3 on the Schedules to
this By-law shall be subject to the following regulations:
a. Lot Area (minimum) 4000 m2
b. Lot Frontage (minimum) 30 metres
1. Schedule "E" to By-law 2005-109, as amended, is hereby further amended by changing
the zone designation from:
"Holding — Rural Settlement One ((H) RS1) Zone" to "Holding — Rural Settlement
Exception ((H) RS1-3) Zone";
"Holding — Rural Settlement One ((H) RS1) Zone" to "Environmental Protection (EP)
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 and 36 of the Planning Act.
By-Law passed in open session this 2nd day of May, 2016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "" t By-law 2016. passed this day of 52016 A.D.
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