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