HomeMy WebLinkAboutPSD-073-06
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
M d J 19 2006 ~. 0 0 b - 1!3 '1
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PSD-073-06
File #:. COPA2006-0002
and ZBA2006-0017
Report #:
Subject:
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-
LAW TO PERMIT THE CREATION OF A New LOT
APPLICANT: CENTRAL LAKE ONTARIO CONSERVATION. AUTHORITY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-073-06 be received;
2. THAT the application to amend theClaringtonOfficial Plan submittedbYettntraf Lake Ontario
Conservation Authority be APPROVED and that a by-law be passed by Councjlto adopt Official
Plan Amendment 53 to the Clarington Official Plan as contained in Attachment No.2;
3. THAT the application to amend the Municipality of Clarington's Zoning By-law 84-63, as
amended, as contained in Attachment 3 be APPROVED and that a By..law removing the
Holding (H) provision be forwarded to Council for approval at such time as the conditions of
approval for the consent application have been satisfied;
4. THAT the Region of Durham be forwarded a copy of this report and be advised of Council's
decision; and
5. THAT all interested parties listed in this report and delegations be advised of Council's decision.
Submitted by:
v'~. Crome, M.C.J.P., R.P.P.
Director Of Planning Services
Reviewedby: O~. .AA
Franklin Wu,
Chief Administrative Officer
SAlCP/DJC/jdldf
12 June 2006
CORPO.AATION OF THE MUNICIPALITY OF CLARI""IOtI.
40 TEMPERANCE STREET, BOWMANVlLLE, ()N"tARIO L 1 C 3A6 T (905)623-3379 F (905)$2~$O
REPORT NO.: PSD-073-06
1.0 APPLICATION DETAILS
PAGE 2
1.1 Applicant/Owner: Central Lake Ontario Conservation Authority
1.2 Official Plan Amendment:
To permit the creation of a new residential lot with an existing
dwelling in an Environmental Protection Area designation.
1.3 Zoning By-law Amendment:
To rezone from "Environmental Protection (EP)" to an appropriate
zone to permit the proposed lot with the existing residential use.
1.4 Site Area:
0.16 ha
2.0 LOCATION
2.1 The subject lands are located in Hampton at. 28 Millstream Lane. The property is
contained within Part Lot 18, Concession 5, former Township of Darlington.
3.0 BACKGROUND
3.1 On May 8, 2006, Central Lake Ontario Conservation Authority submitted applications to
the Municipality of Clarington for the re-designation. and rezoning of a 0.16 ha parcel of
land in Hampton. The existing dwelling on the parcel has been declared surplus by the
Authority Board and they have directed. the Conservation Authority to make application
to sever the house and surrounding lands needed for the well, septic, driveway and
amenity area from the remaining mill pond lands.
".;....
3.2 Prior to changes in the Planning Act in the 1980's, this proposed lot was a separate
parcel owned by the Conservation Authority. Abutting lots held in the same ownership
amalgamated. The Authority is seeking to re-create the original lot pattern with identical
lot lines and lot area.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject property currently contains the subject dwelling and is adjacent to other
single detached dwellings on Millstream Lane. The lands to the west and north of the
property will remain in the ownership of the Conservation Authority.
4.2 The subject dwelling was constructed in 1961 and has an attached drive shed, existing
entrance onto Millstream Lane, a private septic system and private drilled well. The
dwelling is in good condition and is presently rented to tenants by the Authority.
REPORT NO.: PSD-073-06
PAGE 3
4.3
Surrounding Uses:
North:
South:
East:
West:
Lands designated and zoned Environmental Protection
Other lands owned by Central Lake Ontario Conservation
Existing low density residential
Lands designated and zoned Environmental Protection
5.0 PROVINCIAL POLICY
5.1 The 2005 Provincial Policy Statement defines development as "the creation of a new
lot, a change in land use or the construction of buildings and structures any of which
require approval under the Planning Act". This application seeks to re-establish a
previously existing lot pattern which existed until the 1980's when it was melded with
lands also owned by the Conservation Authority to the north and west. There will be no
change in land use as the residential use is already established; the dwelling and drive
shed were constructed in 1961. Also there will be no further construction of buildings or
structures as the dwelling currently exists and the proposed amendments only provide
for the recognition of existing structures. The Authority intends to keep ownership of the
retained lands in perpetuity thus ensuring the use of these lands for conservation. The
applications would conform with applicable provincial poliCY.
5.2 The Greenbelt Plan policies recognize hamlets as a settlement area. The Hamlet
policies allow intill and intensification subject to appropriate water and sewage services.
6.0 OFFICIAL PLAN POLICIES
6.1 The lands are designated "Hamlet" in the Durham Region Official Plan. Lands
designated Hamlet shall be the predominant location for rural settlement on lands
suitable for development.
6.2 The lands are designated "Environmental Protection Area" within the Hamlet of
Hampton in the Clarington Official Plan. The dwelling has legal non-conforming status
as its construction predates the Official Plan polices precluding development on hazard
lands. Although typically new lots are not permitted within lands designated
Environmental Protection Area, this application seeks to re-establish previously existing
lot lines for an existing dwelling. The application has merit and would appear to
conform to all other policies of the Official Plan.
7.0 ZONING BY-LAW
7.1 The subject lands are currently within the "Environmental Protection (EP) Zone". The
applicant has applied to rezone the property to permit the severance of lands
associated with an existing single detached dwelling.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and one (1) public meeting notice sign was installed facing Millstream Lane.
REPORT NO.: PSD-073-06
PAGE 4
8.2 To date, two (2) inquiries have been received. The inquiries were for further information
regarding the applications. There were no objections to the proposal.
9.0 AGENCY COMMENTS
9.1 Comments have been received from Clarington Building Division and they have no
objection to these applications.
9.2 Preconsultation was done by the Conservation Authority with the Regional Planning
Department and the Regional Health Department.
The Conservation Authority retained a consultant, Gibson and Associates to confirm
that this proposal will satisfy the Regional Health Department requirements. A new
septic system was installed in 1992 with Regional approval. The proposed lot
configuration leaves adequate land for a reserve area. The Regional Health Department
has no objection to these applications.
CLOC's Engineering staff reviewed the property for flood hazard potential. The
Regional flood elevation in this area is 165.0 metres and the lowest opening of the
house is a basement window sill, with an elevation of 164.4 metres. The estimated
velocities of the flood water are 0.3 m/s with a maximum flood depth of 0.8 metres. This
results in a depth and velocity product of 0.24 m2/s and is considered a low risk hazard
according to the Flood Plain Planning Policy Statement Implementation Guidelines
(MNR October 1988). This is also considered safe for maintaining the structural
integrity of the traditional brick and concrete house construction. As the proposed
applications will not change the use of the land there will be no increased hazard for
flooding or flood damage.
9.3 Clarington Engineering Services has no objection to this application subject to no
changes being made to the existing entrance. Engineering Services also reviewed
CLOC's engineering report with regard to flood depths and velocities and finds the data
analysis methodology to be acceptable.
9.4 The Regional Planning Department has no objections to these applications. The Region
is requiring a peer review by an adjacent conservation authority (Kawartha Region
Conservation Authority) prior to the approval of the Land Division application. The
Region has stated that these applications are exempt from Regional approval.
10.0 STAFF COMMENTS
10.1 The building and attached drive shed have existed on this land since 1961. From a
review of air photos available to Staff, there have been no visible changes made to the
size or location of the building, or to the driveway entrance location since 1992.
10.2 The applicant, CLOC, has submitted a planning rationale for these applications. The
prime objective of designating and zoning lands environmental protection, is to ensure
REPORT NO.: PSD-073-06
PAGE 5
that no development occurs, thus protecting environmentally sensitive areas and
protecting people from hazard lands. ThedweUing is existing and the proposed zoning
amendment will prohibit any new buildings or structUres or additions to the dwelling from
being constructed without further zoning review.
10.3 The Clarington Official Plan policies for Hampton typically require a minimum lot area of
4000 square metres. The lot currently>has an existing septic system servicing the
dwelling. A servicing review was done by Gibson and Associates on behalf of the
Conservation Authority and found that the pr9P()sed lot area and itS configuration can
accommodate the existing well, septic andr~quired reserve. area. Thus the Regional
Health Department are satisfied that if th~officialptan amendment, rezoning and future
severance are approved the property is ab~tpaccommodate a reserve tile bed area in
addition to the existing septic system withoutirnpacting adjacent properties.
10.4 The current zoning does notpermit any new buildings or structures, nor the creation of
a new lot in the Environmental Protection Zone. After reviewing the agency comments
received, Planning Staff feel it would ... be appropriate to permit the re-creation of the
previous lot. No additional buildings or structures or additions to the existing dwelling
wnt be permitted without further development applications. The attached zoning
amendment sets out a lot area matching the previously existing lot (10R-85 pt 3, 1971)
with a lot area of 1580 square metres and a lot frontage of 31.5 metres.
The setbacks of the dwelling and drive shed are in accordance with the location of the
existing building as per the 20050rtho photo.
10.5 The existing driveway is approximately 34 metres in length. This driveway will easily
accommodate five (5) cars in tandem, thus meeting the parking requirement for two (2)
outdoor parking spaces.
10.6 The proposed lot has an existing~ntranceway on Millstream Lane. Clarington
Engineering Services requires that the entrance remain in this location and that the
existing grading and drainage pattern$ .of the driveway not be altered. A change in
surface material is acceptable.
10.7 The Clarington Finance Department reports that all taxes applicable are paid in full at
this time.
11.0 CONCLUSION
11.1 The existing dwelling and attached drive shed occupied the property since 1961. There
will be no physical change as a result of approving the official plan amendment,
rezoning and the proposed severance. Based on the comments contained in this
report, it is respectfully recommended that the Official Plan Amendment 53 and
rezoning application be APPROVED.
REPORT NO.: PSD-073-06
PAGE 6
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law and Proposed Official Plan Amendment
Attachment 3 - Proposed Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Central Lake Ontario Conservation Authority
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Attachment 1
To Report PSD-073-06
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Attachment 2
To Report PSD-073-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a By-law to adopt Amendment No. 53 to the Clarington Official Plan
WHEREAS the Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to
amend the Clarington Official Plan to permit the creation of a lot in the Environmental
Protection Area designation for an existing dwelling with a municipal address of 28
Millstream Lane in Hampton;
NOW THEREFORE BE IT RESOLVED THAT, the Council of Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 53 to the Clarington Official Plan, being attached
Explanatory Text is hereby adopted.
2. This By-law shall come into force and take effect on the date after the last day of
appeal.
BY-LAW read a first time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
PURPOSE:
BASIS:
ACTUAL
AMENDMENT:
IMPLEMENTATION:
INTERPRETATION:
AMENDMENT NO. 53
TO THE CLARINGTON OFFICIAL PLAN
The purpose of this amendment is to permit, as an
exception, the residential use of an existing dwelling on a
new lot, designated "Environmental Protection Area" and
identified as "Hazard Lands" on Map C.
This Amendment is based upon applications for an official
plan amendment and zoning amendment filed by Central
Lake Ontario Conservation. The dwelling is existing and has
been declared surplus to the Conservation Authority's
needs. Thus an application for severance will be submitted
to create a new lot containing the existing dwelling, separate
from the Conservation Authority's holdings.
The Clarington Official Plan is hereby amended as follows:
1. By adding the following new subsection:
"23.14.7 Notwithstanding any other provision of this
Plan, a new lot may be created for the existing single
detached dwelling located on lands in Part Lot 18,
Concession 5, former Township of Darlington having
a municipal address of 28 Millstream Lane, Hampton.
The provisions set forth in the Clarington Official Plan as
amended, regarding the implementation of the Plan shall
apply in regard to this amendment.
The provisions set forth in the Clarington Official Plan as
amended, regarding the interpretation of the Plan shall apply
in regard to this amendment.
Attachment 3
To Report PSD-073-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-_
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the former Town of Newcastle
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 former Town of Newcastle to
implement ZBA2006-0017;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 5.2 "SPECIAL EXCEPTION - ENVIRONMENTAL PROTECTION ZONE" is
hereby amended by adding thereto the following new Special Exception 5.2.14 as
follows:
"5.2.14 ENVIRONMENTAL PROTECTION EXCEPTION (EP-14) ZONE"
Notwithstanding Section 5.1, only buildings existing prior to June 26, 2006 on
those lands zoned "EP-14" on the attached Schedule to this By-law shall be
permitted and shall be subject to the following zone regulations:
a) Lot Area (minimum)
b) Lot Frontage (minimum)
c) Yard Requirements (minimum)
i) Front Yard Setback
ii) Easterly Interior Side Yard Setback
iii) Westerly Interior Side Yard Setback
iii) Rear Yard Setback
d) Floor Area (minimum)
e) Lot Coverage (maximum)
f) Landscaped Open Space (minimum)
g) Building Height (maximum)
1580 square metres
31 metres
14 metres
7.5 metres
12 metres
16 metres
110 square metres
15%
70%
8 metres
2. Schedule "7" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Environmental Protection (EP) Zone" to "Holding-Environmental
Protection Exception ((H)EP-14) Zone" as illustrated on the attached
Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of the By-law.
4. 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 read a first time this
day of
BY-LAW read a second time this
day of
BY-LAW read a third time and finally passed this
2006
2006
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A',' to By-law 2006- ,
passed this day of , 2006 A.D.
~ Zoning Change From "EP" To "(H)EP-14
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John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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Hampton