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HomeMy WebLinkAboutPSD-072-06 ClNiPH REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19,2006 Report #: PSD-072-06 File #: ZBA 2006-0009 By-law #: 0Pf}'tx~~.O~ Subject: ZONING BY-LAW AMENDMENT TO PERMIT DETACHED GARAGE IN ENVIRONMENTAL PROTECTION ZONE APPLICANT: JOHN LEWANDOWSKI RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . 1. THAT Report PSD-072-06 be received; 2. THAT the rezoning proposal for development of the subject property be referred back to Staff for further processing and preparation of a sUbsequent report; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services ~VIElWedby:a ~~ Franklin Wu, Chief Administrative Officer SAlCP/DJC/sh/df~d 9 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTAA1()L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-072-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: John Lewandowski 1.3 Site Area: To rezone the subject lands from the "Environmental Protection (EP) Zone" to an appropriate zone to permit a 107 m2 detached garage. 4050 m2 1.2 Rezoning: 2.0 LOCATION 2.1 The subject lands are located at 2713 Rundle Road (Attachment 1). The property is contained within Part Lot 22, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On February 28, 2006, the applicant/owner submitted an application to the Municipal~ of Clarington to rezone the subject lot at 2713 Rundle Road to permit a 107 m detached garage within the Environrn~ntal Protection Zone. A Phase 1 Site Assessment prepared by Gibson and Associates was submitted in support of the application. 4.0 SITE CHARACTERISTICS AND SURROUNDtNGUSES 4.1 Currently there is a single detached dW~Ui,,~ ~d the. existing detached garage located on the subject property. Prior to the pU~~()fthisproperty by the current owner the lot was treed and formed a part of a significant-woodland, identified in the Clarington Official Plan. The property is also part of the Provincially Significant Maple Grove Wetland Complex. 4.2 Between 1997 and 2006, the current owner has significantly changed the appearance of the subject property. With the approval of the Committee of Adjustment, the original dwelling was expanded from an 891 tt2 dwelling (data from assessment information). An attached two-car garage was also. C()nstructed. The OWner also moved an existing, but not legal non-conforming, detached garage (360 tt2) further east on the property and added a 783 tt2 addition (without a buildil1gpermit). The Owner has also clear-cut the entire ptop.erty and added a large amount of fill, ranging between 0.2 metres to 0.71 metres (0.67 feet to 2.3 feet) in depth, to raise the elevation of the property. With the exceptiorlof the expansion of the dwelling, all other changes on the property were done withovt the approval of either the Municipality of Clarington or Central Lake Ontario COI'l~ation. REPORT NO.: PSD-072-06 PAGE 3 4.3 Surrounding Uses: North: South: East: West: existing rural residential - 0.5 ac lots existing rural residential - 0.3 ac lots residential on 2-3 ac lots vacant, forested, wetland complex 5.0 PROVINCIAL POLICIES 5.1 The Provincial Policy Statement 2005 states that development and site alteration shall not be permitted in significant wetlands. Development includes the construction of buildings and structures requiring approval under the Planning Act: The application does not appear to conform with the Provincial Policy Statement. However, the PPS is a broader document and the Greenbelt Plan (also authored by the province) provides more detailed and specific policies. The Greenbelt Plan makes provision for existing uses as identified below. 5.2 The Greenbelt Plan identifies the subject property as being within the Greenbelt area and within a Natural Heritage System. The Natural Heritage System is an area with a high concentration of Key Natural Heritage Features and Key Hydrologic Features, which include both significant woodlands and wetlands. This property contains both a significant woodland and a provincially significant wetland. New development or site alteration is not ~rmitted in key hydrologic features and key natural heritage features. However, this. application will be considered under the existing use policies which permit the expanSion of residential dwellings and accessory uses within key natural heritage features and key hydrologic features provided, there is no alternative area for use, that expansion is directed away from the feature and the impact of the expansion is minimized to the maximum extent possible. The residential use on the subject property was established in 1959 under the Township of Darlington Zoning By-law, By-law 2111 (Oecember 4, 1958) which zoned the property "Agricultural (A)". Thus the residential use of the property is determined to have lawfully existed since 1959 and predates the passing of the Greenbelt Plan. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "Major O~n Space" in the Durham Region Official Plan. The subject property is an existing rural residential use within the Major Open' Space designation. 6.2 The lands are designated "Green Space" in the Clarington Official Plan. The Green Space designation is used both as an urban separator between Bowmanville and Courtice urban areas and as a link to the Oak Ridges and the Waterfront Greenway. Rural residential uses are permitted. REPORT NO.: PSD-072-06 PAGE 4 The property contains a Significant Woodland, shown on Map C Natural Features of the Official Plan. Also, the province has identified. this property as being within the Maple Grove Wetland Complex, which is a ProvincialJy Significant Wetland (PSW). Policies within the Official Plan state that the. Municipality will use all efforts to require the restoration of any natural heritage feature which has been damaged or removed. Also, the removal of a natural heritage feature shall not be considered as the basis for approving any development application. Any development in or within 120 metres of a significant woodland or a significant natural heritage feature that has been identified by the Province requires an Environmental Impact Study. The applicant has been informed of this requirement. Development will not be approved where an EIS identifies unacceptable negative impacts on the natural heritage system. 7.0 ZONING BY-LAW 7.1 The subject lands are. currently zoned IIAgricultural (A)" and "Environmental Protection (EP)". The applicant has requestedto~rmitan existing detached garage, built without any municipal approvals, to remain in its current location, and to permit the addition (constructed by the applicant) to also remain. The detached garage is completely within the "EP" zone. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail toea~lahd(),^,oerYlithin 120 metres of the subject site and a public meeting notice sign wasjnstlll~.onthe property. 8.2 One inquiry was received for information regarding this report. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have .been received from Clarington Emergency Services, the Clarington Building Division and the Regional Health Department. There were no objections. 9.2 Comments have also been received frOm. Central <Lake Ontario Conservation Authority. Their review of the application noted thef()JI~,^,if1g - that the property is located within a Provincially Significant Wetland (PSW), known as the Maple Grove Wetland Complex. REPORT NO.: PSD-072-06 PAGE 5 1 I i I Wetland boundary In addition to the above comments, the Conservation Authority also noted that the trees have been removed from the property..and that substantial fill has been brought in to raise the level of the entire property. .This...has effectively eliminated the PSW from the site. Prior to February 2006, when Ontario Regulation 42.06, the 'Regulation of Development, Interference with Wetlands .and.. Alterations . to Shorelines and Watercourse' came into effect, the proPEtrty .was not regulated for filling and grading. They have sent a letter to the Ontario Ministry of Natural Resources to obtain their opinion of the situation and a course ofaetipnas to whether or not the.PSW designation should be removed from the site. AlthOugh the Conservation Authority does not condone the removal of the PSW, giventhe.past activity on the site and that fill and grading was not regulated, they do notobjeet to the rezoning application at this time. 10.0 STAFF COMMENTS 10.1 The current owner, Mr. Lewandowski,purchasedthe property in 1997. At that time there was a small bungalow circa 1959and>~detaohed garage placed on the property by the previous owner in approximately 1.990.. Staff examined air photos of the property from 1988 and 1992 and the detached..garage first appeared between the dates of those air photos. Also, Assessment information indicates the detached garage as being constructed in approximately 1990. A.review of building department files indicates a building permit was not obtained for the detached garage, which was 34 m2 (365 ff) at that time. 10.2 The owner began renovating and expanding the existing dwelling to its current size and configuration shortly after his purchaseofth~.property. He obtained a minor variance in 1997 from the Committee of Adjustment for expansion of the dwelling, due to the proximity of the Environmental Protection Zone on the pro~rty. The detached garage was noted through this process and the.9wner was advised it did not appear to have legal non-conforming status. The . detached garage is completely within the Environmental Protection Zone. REPORT NO.: PSD-072-06 PAGE 6 10.3 Between April 2000 and April 2002 the current owner moved the detached garage further north and east on the property, away from the house and further into the Environmental Protection zone. The deta.ched garage was originally 21 metres from the Rundle Road allowance and 13 metres from the north property line and is now 34 metres from the Rundle Road allowance and 5.5. metres from the north property line. This is evidenced by ortho photos examined by Staff and shown below. 2000 Ortho Photo 2002 Ortho Photo 10.4 Two building permits were also issued in 2001; one for the demolition of a portion of the existing dwelling, and one for the replacement of that demolished portion with new construction. The second permit also indicated the attached garage. The attached garage did not received approval from the Committee of Adjustment or the Planning Department. 10.5 In 2004, the current owner constructed a 73 m2 (783 ff) addition to the existing detached garage again further into the Environmental Protection zone. The addition was noted by the Building Division and.Mr. Lewandowski was required to remove the addition or apply for and receive approval to rezone this pdrtion of the property. The 2005 ortho photo is shown below indicating the location of the detached garage and the addition. REPORT NO.: PSD-072-06 PAGE 7 Attached Garage: 2001 Detached garage and new addition 10.6 An application for rezoning was received in May 2005 but was not complete. Planning Staff spoke with the applicant and his consl.lltanton numerous occasions about the information required to complete the. application . and eventually closed the file in January 2006. The application was relied in late February 2006 with all required information attached. 10.7 A review of air photos from 1988, 1992,2000 and 2002 and photographs contained in the Phase 1 Environmental Site Assessment (Gibson & Associates 2005) indicate a clearing of the subject lot. from its origin~t forested condition to its current state which is now completeJy cleared. The portion of the significant Woodland on 2713 Rundle Road has been removed by the current owner. 10.8 The policies of the Clarington Official Plan. r~quire the preparation of an environmental impact study to determine the best possiblelOCCition on. the property for the detached garage and what mitigation measures could be recommended to alleviate the site alteration undertaken by the owner intheProvincialJy Significant Wetland. As comments are being sought from the Ministry of Natural Resources by CLOC on the status of the PSW in the subject property,Planning Staff would recommend that the Environmental Impact Study not begin untit after their comments are received. 11.0 RECOMMENDATION 11.1 In consideration of comments not received at the writing of this report, the requirement for an Environmental Impact Study and that the purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting, it is recommended that the application be referred back to staff for further processing. REPORT NO.: PSD-072-06 PAGE 8 Attachments: Attachment 1 - Key Map Interested parties to be notified of Council and Committee's decision: John Lewandowski - ! c i .5 'i: \\I Q .. CD E .. o I.L - a. \\I ~ C o :; u o ..J ~ & e Do. ~ 211.ooft -- 39. 24.6Oft LOT 22 CONCESION 2 ,1----'1 I I lII.6O ft 10.00 J. EXJSTINO RAISED 1~10 ft I SEPI1C BED I I I'ROPOSED ADDmON I I I J :~ ~1'6ftl--;-~f-{ _tIob ..1bo I ..,...1- I \ \ """- I ~- r- _l~\~~:H_ fl~~ _ 5.~0 := 1I.OQft 4.5ft 10_ liDo. 3.5ft ......r ...m.rw 2OO.ooft 36.10ft 19.5Oft i I I --f 23.60 L ........ lWOc:AO._ ..0 ft -L 27.5Oft I I II I! I I 45.5Oft "'" ~ ACCESS TO PROPERTY 2713 RUNDLE RO AD Attachment 1 To Report PSD-072-06 :;: l- E z w " :E c c ; m z ~ 0 w 0 :E S 0 cC C I III CD ~ '0 0 0 >- N " I C <e> III mID N II) Nc) ;:, z c Z III ~ 0 i.: N CD c ~ I I I I I SI II I: -+ I I I I I 11.~ft I I I I I I I I I II II . I __0