HomeMy WebLinkAboutPSD-039-07
Clw;iggron
REPORT
PLANNING SERVICES
PUBLIC MEETING
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Tuesday, April 10, 2007 Ke::J:.-,\\)~Qr\ ~--:. GfJA - 2'3"=f-Ol
Meeting:
Report #: PSD-039-07
File #: ZBA 2007-0006 and RE 4.9
By-law #:
Subject:
ZONING AMENDMENT TO PERMIT THE DEVELOPMENT OF A HAMLET
RESIDENTIAL LOT
PROPONENT: THE MUNICIPALITY OF CLARINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-039-07 be received;
2. THAT the proposal to amend Zoning By-law 84-63 and Zoning By-law 2005-109
submitted by the Municipality of Clarington be referred back to staff; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Da Id . rome, M.C.I.P., R. P.
Director, Planning Services
\
Reviewed bY~'--) "---'2A."".{ C.--:. -e^-.J'1(
Franklin Wu
Chief Administrative Officer
IUCPIDJC/df
April 3, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-039-07
PAGE 2
1.0 PROPOSAL DETAILS
1.1 Owner:
The Municipality of Clarington
1.2 Proposal:
i)
removal of Environmental Holding Symbol from the Rural
Settlement One (RS-1) under By-law 2005-109 (Oak Ridges
Moraine Zoning By-law)
ii) rezoning under By-law 2005-109 from Rural Settlement One (RS-1)
with an Environmental Holding Symbol to Environmental Protection
(EP)
1.3 Area:
iii) rezoning under By-law 84-63 from Residential Hamlet (RH) to
Environmental Protection (EP) to protect existing features on the
subject property
6000 m2 (1.48 acres)
1.4 Location:
97 Potters Lane, Enniskillen
Lot 18, Concession 7, former Township of Darlington
2.0 BACKGROUND
2.1 This property is located at the southeast corner of Regional Road 3 and Potters Lane in
Enniskillen (Attachment 1). It has 205 feet of frontage on Potters Lane and a total lot
area of 1.48 acres. There is a one foot reserve along Regional Road 3 limiting access
to the lot from Potters Lane. The lot was acquired in 1987 as a condition of approval of
the plan of subdivision. The intent of the acquisition was to develop the property as a
parkette for the residents of Enniskillen. In 2003 the Engineering Services Department
determined that the topography of the site and its limited size made it undesirable as
parkland. Subsequently, Council declared the property as surplus in 2003.
2.2 The subject property is subject to two zoning by-laws:
i) By-law 84-63 covers the entire property and zones the property Residential
Hamlet (RH). The RH zone allows a single detached dwelling.
ii) By-law 2005-109 covers the majority of the lot with the exception of the southeast
corner. Those lands are zoned Rural Settlement One (RS-1) with an
Environmental Holding Symbol (Attachment 2).
Both Zoning By-laws are in force at the present time since the Ministry of Municipal
Affairs has not yet approved the Oak Ridges Moraine Zoning By-law 2005-109. When
the Ministry gives approval to By-law 2005-109 the zoning provision of Zoning By-law
84-63 would be repealed. However, until that time both zoning by-laws apply to this
property.
REPORT NO.: PSD-039-07
PAGE 3
2.3 The majority of the property falls within the boundaries of the Oak Ridges Moraine. This
portion of the lot is covered by Zoning By-law 2005-109 and is zoned Rural Settlement
One (RS-1) with an Environmental Holding Symbol. The RS-1 zone permits a single
detached dwelling unit and limited accessory uses. The Environmental Holding Symbol
(H) identifies this lot to be within a 90 metre area of influence from a natural heritage
featu~e and/or hydrologically sensitive feature and its associated minimum vegetative
protection area. A scoped Environmental Impact Study, or Natural Heritage
Assessment, would be required to lift the (H) symbol.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is a vacant parcel of land at the southeast corner of Regional Road
3 and Potters Lane. It has been left in its natural state, as shown in the photographs
below. The Natural Heritage Assessment describes the vegetation cover that currently
exists. . This is discussed in Section 7 of this report.
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View of lot from Regional Road 3 looking south west
603
REPORT NO.: PSD-039-07
PAGE 4
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View from Regional Road 3 looking south
3.2 The surrounding uses are as follows:
North - Agricultural field
South - Hamlet Residential Development
East - Rural Residential lot with dwelling unit and Bowmanville Creek tributary
West - Hamlet Residential Development
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
Hamlets are defined as Settlement Areas under the Provincial Policy Statement.
Settlement areas are to be the focus of growth, and land use patterns are to efficiently
use land and resources. The diversity and connectivity of natural features in an area
and the long-term ecological function and biodiversity of natural heritage systems
should be maintained. The application conforms with the PPS as it proposes to
efficiently use the land by permitting the development of one single detached unit while
protecting the natural heritage features.
4.2 Oak Ridaes Moraine Conservation Plan
The majority of the property is located within a Rural Settlement designation under the
Oak Ridges Moraine Conservation Plan (ORMCP). Section 17.3 of the Plan states that
nothing in the Plan applies to prevent a use or the erection or location of a building or
structure within a Rural Settlement if the use, erection and location would have been
permitted by the applicable zoning by-law on November 15th, 2001.
604
REPORT NO.: PSD-039-07
PAGE 5
The Conservation Plan requires proponents to ensure the ecological integrity of the
Plan will not be adversely affected by development. The Bowmanville Creek directly to
the east of the property is identified as a key natural heritage feature to be protected.
The ORMCP provides the criteria for a natural heritage evaluation and states that such
evaluation shall demonstrate that the development or site alteration applied for will have
no adverse effects on the key natural heritage feature or on the related ecological
functions. A natural heritage assessment has been completed for the property. The
details of the assessment are described in section 7 of this report. The proposed
rezoning is based on the results of the natural heritage assessment and the application
conforms with the Oak Ridges Moraine Conservation Plan.
4.3 The Greenbelt Plan
The Greenbelt Plan came into effect on December 16th, 2004. Section 2.1 of the
Greenbelt Plan states that lands that are within the Oak Ridges Moraine Conservation
Plan are to conform to the policies of that Plan. As the application conforms to the Oak
Ridges Moraine Conservation Plan it also conforms to the Greenbelt Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the property as Hamlet. Hamlets are to
be the focus for residential settlement within a rural area. The limits of a hamlet and its
detailed land uses are to be incorporated within municipal official plans. The application
conforms to the Durham Regional Official Plan.
5.2 Clarinqton Official Plan
The Clarington Official Plan designates the property as Hamlet Residential. The
predominant use of lands shall be single detached residential dwellings. The adjacent
tributary is identified as a key natural heritage feature. The application conforms to the
Clarington Official Plan subject to the results of a natural heritage assessment as
required by the ORMCP.
6.0 ZONING BY-LAW
6.1 The entire property is zoned Residential Hamlet (RH) under By-law 84-63. The RH zone
permits a single detached dwelling unit and limited accessory uses.
6.2 Zoning By-law 2005-109 indicates that the majority of the property is zoned Rural
Settlement One (RS-1) with an Environmental Holding Symbol. The RS-1 zone permits
a single detached dwelling unit and limited accessory uses. The Environmental Holding
Symbol would need to be removed by amendment prior to the development of the lot for
residential use. The area outside of the Moraine is zoned Residential Hamlet (RH)
under By-law 84-63.
REPORT NO.: PSD-039-07
PAGE 6
7.0 NATURAL HERITAGE STUDY
7.1 Central Lake Ontario Conservation has completed a Natural Heritage Assessment of the
property. The Assessment identifies three distinct vegetation communities, a cultural
meadow, a shallow marsh and a thicket swamp (Attachment 3). The property is
approximately 6000 m2 (1.48 ac). The cultural meadow covers approximately 2650 m2 of
the western portion of the property. A thicket swamp is located on the eastern portion of
the lot and is slightly smaller at 2600 m2. A 750 m2 shallow marsh separates the meadow
and the swamp.
7.2 A small tributary of the Bowmanville Creek runs parallel to the east property line. The
property is at its lowest level toward the eastern extent. This area is the wettest and
contains the thicket swamp. The Natural Heritage Assessment states that the wetland
features appear to be supported by surface drainage as there is a large culvert under
Regional Road 3 that empties into the property as well as roadway gutters/culverts from
Potters Lane and Regional Road 3. The shallow marsh is small and supports
predominately cattails, and the cultural meadow is vegetated with a mix of native and non-
native species.
7.3 The Natural Heritage Assessment concludes that the majority of the thicket swamp is a
sensitive and diverse feature that should be retained as it has an indirect relationship with
Bowmanville Creek and is a natural area providing wildlife habitat. Every effort should be
made to maintain surface drainage to the thicket swamp regardless of future use of the lot.
The shallow marsh area adjacent to the swamp is small, disturbed and of little natural
heritage value.
7.4 This property is situated entirely within an area that is regulated by the Central Lake
Ontario Conservation Authority's Ontario Regulation 42/06 - Regulation of Development,
Interference with Wetlands and Alterations to Shorelines and Watercourses. The Authority
has stated that they will require all future development activity on the lot be directed away
from the thicket swamp.
7.5 In order to satisfy CLOC's concern for the protection of the eastern half of the lot, staff
are proposing that the area be rezoned from Rural Settlement One (RS-1) with an
Environmental Holding symbol under By-law 2005-109, and Residential Hamlet (RH)
under By-law 84-63, to Environmental Protection as shown on Attachment 2. An
application for zoning amendment has been filed to request the change.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Notice was given to the public by mail to each landowner within 120 metres of the
subject property. Two public notice signs were installed on the property on both road
frontages in advance of the scheduled public meeting on April 10th, 2007.
REPORT NO.: PSD-039-07
PAGE 7
8.2 Five (5) inquires have been received from property owners in the area. Two inquiries
were for clarification of the purpose of the application. The second inquiry was in
regards to the proceeds from the sale of the lot, specifically if the money would be used
for projects particular to Enniskillen. It was explained that the funds will be deposited
into the Municipal Acquisition Reserve Account to be utilized for land acquisitions
throughout Clarington as approved by Council. The third person requested a history of
how the Municipality acquired the lands and an explanation of why it was declared
surplus and stated that it was staging area for birds. As only half of the property is to be
developed there will still be a natural area protected for local wildlife.
8.3 The fourth person expressed a concern that the sale of this block, which had originally
be acquired for park purposes, would mean that there would be no parkland provided
for the residents of Enniskillen, and that the sale would imply that that subdivision on the
north side of Regional Road 3 was guaranteed approval as it contains a proposed park
block. Prior to the property being declared surplus in 2003, the Engineering Services
Department reviewed the property and determined that the site's location at the corner
of a Regional Road and its topography did not make it suitable for a park block. As
there was no other public use identified for the site it was declared surplus by Council.
This decision was not based on proposed applications in the area.
9.0 AGENCY COMMENTS
9.1 The application has been circulated to the applicable agencies for comment. The
Conservation Authority has reviewed the proposed by-law amendment and are satisfied
that zoning the eastern portion of the lot to Environmental Protection will protect the
natural heritage features.
9.2 The Durham Region Health Department has reviewed the developable area and have
confirmed that there is enough land available to accommodate private services and a
reserve septic tile bed area.
9.3 The Clarington Emergency and Fire Services Department have confirmed that there are
no fire safety concerns.
9.4 The Region of Durham Works Department, the Clarington Engineering Services
Department, Bell Canada and Hydro One had no objections to the application as filed.
One agency comment is still outstanding.
10.0 STAFF COMMENTS
10.1 The Oak Ridges Moraine Conservation Plan introduced a higher standard of
environmental protection for natural heritage features within the Moraine. As a result,
the small thicket swamp adjacent to the Bowmanville Creek tributary is to be fully
protected and enhanced for natural heritage and hydrological purposes through the
development process.
REPORT NO.: PSD-039-07
PAGE 8
10.2 Rezoning the eastern portion of the property to Environmental Protection (EP) will
prohibit development on this portion of the lot in order to preserve the natural heritage
features that have been identified by the Conservation Authority.
10.3 There will be sufficient land outside of the EP area to support a dwelling unit, accessory
structures, and private services. Successful completion of the rezoning will permit the
property to be sold by public tender as a hamlet building lot for residential use.
11.0 CONCLUSION
11.1 It is respectfully recommended that the proposed zoning amendment application be
referred back to staff for further consideration of outstanding comments and resolution
of any issues.
Attachments:
Attachment 1 - Aerial photo
Attachment 2 - Proposed Zoning
Attachment 3 - Natural Heritage Features
List of interested parties to be advised of Council's decision:
CLOC
Region of Durham Planning Department
Paul Shcherbak
Steve Carruthers
Mary Burke
Tami Robitaille
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