HomeMy WebLinkAboutPSD-047-07
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REPORT
PLANNING SERVICES
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, April 23, 2007 !\C,:-C)U-\I( 1\ -~-\Ct fq -~)I ~ G ~
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PSD-047-07 File #: ZBA 2007-0006 and RE 4.9 By-law #: 2oo"T- DC\le
Meeting:
Report #:
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-047-07 be received;
2. THAT Zoning By-law 84-63 and Zoning By-law 2005-109 be amended by adopting the
By-laws contained in Attachments 3 and 4; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
D vi J rome, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed by:d~~
Franklin Wu
Chief Administrative Officer
ILlFLlDJC/df/sn
17 April 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-047-07
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-047-07
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
feature 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.
. i
View of lot from Regional Road 3 looking south-west
REPORT NO.: PSD-047-07
PAGE 4
L
I
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 Ridqes 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 15111, 2001.
REPORT NO.: PSD-047-07
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 Reaional 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 Clarinaton 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-047-07
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 2). 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 Five (5) inquires were received from property owners in the area prior to the Public
Meeting on April 10th, 2007. 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
REPORT NO.: PSD-047-07
PAGE 7
lands and an explanation of why it was declared surplus and stated that it was a 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.
8.2 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.
8.3 No one spoke in objection to the application at the Public Meeting on April 10th. One
verbal objection has been received since the meeting from a property owner on Potters
Lane. She objected to the property being developed as her children use the lot as a
playground. Staff have also received a call from a real estate agent who lives in
Enniskillen. He has clients who are interested in purchasing the property. His contact
information has been provided to purchasing so that he will be notified when the
property is advertised for public tender.
8.4 During the Council meeting of April 16th, 2007, a delegation in opposition to the approval
of the application was made by Doug Otterbein, the property owner of the lot
immediately to the south of the site. Mr. Otterbein stated that his house was built too
low and his run off drains into the Municipality's property. His property did not dry up
last year and he was concerned that the development of the lot would negatively affect
his lot.
Mr. Otterbein's house was built in 1987 in accordance with the approved grading plan
for the plan of subdivision's development. A garden shed was constructed in 1990 in
the northeast corner of the property. In November of 1996 D.G. Biddle and Associates
inspected the finished lot grading and observed that the house elevation was below the
grade of the road in front of the house and a wet pond had been constructed in the rear
of the lot as a landscape feature. They concluded that the lot has generally been graded
according to the intent of the approved Lot Grading Plan. No drainage problems were
apparent at the time of inspection and positive drainage away from the house was
observed. They did not anticipate any future drainage problems. The grading inspection
was completed in order to obtain a Final Occupancy Permit. The report was prompted
by Mr. Otterbein's purchase in 1996 and a copy was provided to his lawyer.
There were no visible signs of grading issues in 1996 when the property received its
final grading approval. It is unknown if the grading has been altered since that date.
Mr. Otterbein does have the option of hiring an engineer to determine why there are
grading problems on his lot and how they can be corrected.
REPORT NO.: PSD-047-07
PAGE 8
Any development that occurs on 97 Potters Lane will have to be in accordance with the
approved Lot Grading Plan Drawing No. 74013-D-2 for the original plan of subdivision.
All building permits applications will be reviewed to determine their compliance with the
Grading Plan. Staff are satisfied that the lot can support a residential use without having
a negative impact on the Otterbein.
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 Region of Durham Planning
Department, the Clarington Engineering Services Department, Bell Canada and Hydro
One had no objections to the application as filed.
10.0 STAFF COMMENTS
10.1 All agency comments have been received and there are no objections to the approval of
this application. Neither have there been any objections from the public.
10.2 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.
10.3 The natural heritage evaluation determined that a portion of the lot can be used for
residential purposes and as a result, the "Environmental Holding" is recommended to be
lifted by Zoning By-law. Furthermore, the evaluation identified the thicket swamp on
part of the property which should be protected. Similarly, a by-law has been drafted to
zone this area and appropriate buffer Environmental Protection (EP) Zone.
10.4 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.
REPORT NO.: PSD-047-07
PAGE 9
10.5 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.
10.6 With regard to the concerns for the acquisition and development of a parkette for
Enniskillen, the Engineering Services Department have indicated that, lands will either
be acquired from the currently proposed subdivision, or if it is not approved, other
suitable lands will be acquired to serve the needs of the residents.
11.0 CONCLUSION
11.1 It is respectfully recommended that the proposed Zoning Amendment application be
APPROVED and the attached Zoning By-laws be ADOPTED by Council.
Attachments:
Attachment 1 - Aerial photo
Attachment 2 - Natural Heritage Assessment
Attachment 3 - Zoning By-law to amend By-law 84-63
Attachment 4 - Zoning By-law to amend By-law 2005-109
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
Rika Brouwer
John Hill
Doug Otterbein
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Attachment 1
To Report PSD-047-07
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To Report PSD-047-07
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Attachment 3
To Report PSD-047-07
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-~_
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of 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 former Town of Newcastle in
accordance with application ZBA 2007-006 to define the area in which a single
detached dwelling can be constructed;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows;
1. Schedule "9" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Residential Hamlet (RH) Zone" to
"Environmental Protection (EP) Zone" as illustrated on Schedule "A" hereto.
2. Schedule "A" 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 of the Planning Act.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
,Iim Abernethy, Mayor
F'atti L. Barrie, Municipal Clerk
Attachment 3
To Report PSD-047-07
This is Schedule "A" to By-law 2007-
passed this day of ,2007 A.D.
,
DURHAM ROAD 3
O.3048m Reserve
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~ Zoning Change From "RH" To "EP"
Jim Abemethy, Mayor
Patti L. Barrie. Municipal Clerk
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Enniskillen
Attachment 4
2~Report P~D-047-QL
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-__
being a By-law to amend By-law 2005-109, the Zoning By-law for the Corporation
of the Municipality of Clarington's Oak Ridges Moraine
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 2005-109, as amended, in accordance with application ZBA
2007 -006 to defined the area in which a single detached dwelling can be constructed;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
'1. Schedule "E" to By-law 2005-109. as amended, is hereby further amended by
changed the zone designation from "Rural Settlement One (RS 1) Zone" with an
"Environmental Holding Symbol (EHS) Zone" to "Rural Settlement One (RS1)
Zone", and from "Rural Settlement One (RS1) Zone" with an "Environmental
Holding Symbol (EHS) Zone" to "Environmental Protection (EP) Zone" as
illustrated on Schedule "A" hereto.
2. Schedule "A" 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 of the Planning Act.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 4
To Report PSD-047-07
This is Schedule "A" to By-law 2007-
passed this day of . 2007 A.D.
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~ Zoning Change From "RS1 With Environmental Holding Symbol" To "RS1"
1""1 Zoning Change From "RS1 With Environmental Holding Symbol" To "EP"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Enniskillen
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