HomeMy WebLinkAboutPSD-138-07
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Monday, December3,2007
Meeting:
Report #: PSD-138-007
File #: ZBA 2007-0045
By-law #:
Subject:
TO PERMIT AN EXISTING IN-GROUND SWIMMING POOL TO BE LOCATED
WITHIN AN ENVIRONMENTAL PROTECTION ZONE
APPLICANT: W. MICHAEL ARMSTRONG
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-138-07 be received;
2. THAT the rezoning application submitted by W. Michael Armstrong to permit an in-
ground swimming pool within an "Environmental Protection Zone" be APPROVED in
principle and that a Zoning By-law Amendment be forwarded to Council for APPROVAL
at such time the applicant has undertaken restoration and vegetation on-site to the
satisfaction of the Municipality of Clarington and Central Lake Ontario Conservation
Authority;
3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department and a Municipal Property Assessment Corporation (MPAC); and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by:
Submitted by:
Davi Cro e, M.C.I.P., R.P.P.
Director, Planning Services
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Fran lin Wu
Chief Administrative Officer
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CP/DJC/df
28 November 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-138-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant:
W. Michael Armstrong
1 .2 Owner:
Colin and Laura Briggs
1.3 Proposal:
To recognize an illegally constructed in-ground swimming pool in
an "Environmental Protection (EP) Zone".
1.4 Area:
0.38 hectares
1.5 Location:
1994 Taunton Road East
2.0 BACKGROUND
2.1 In April of 2007, Colin and Laura Briggs purchased the lands at 1994 Taunton Road
East from the previous owner Les Stephenson. A condition of the purchase and sale
included the construction of the in-ground swimming pool, subject of this application.
2.2 On June 13, 2007, Clarington By-Law Enforcement sent a letter to the new owners of
the property advising them that the in-ground swimming pool that was recently
constructed is not a permitted use on this property. The owners were given sixty days
to take action on the matter, either through and application to rezone the lands or by
removing the in-ground swimming pool altogether.
2.3 As a result of several conversations with Clarington Staff and Central Lake Ontario
Conservation, on October 4, 2007, W. Michael Armstrong, on behalf of Colin and Laura
Briggs, submitted an application for rezoning to permit an in-ground swimming pool
within an Environmental Protection (EP) Zone.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is 0.38 hectares in area and has frontage onto Taunton Road just
east of Solin a Road. There is currently one single detached dwelling located on the
property. The subject in-ground pool is situated to the northwest of the single detached
dwelling (see Figure 1.0 on following page).
3.2 The surrounding uses are as follows:
North - Agricultural, Rural Residential
South - Agricultural, Rural Residential, Commercial
East - Agricultural, Rural Residential
West - Agricultural, Rural Residential
REPORT NO.: PSD-138-07
PAGE 3
Figure 1.0 - In-ground swimming pool as constructed in May of 2007
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement does permit limited residential development and other
rural land uses within rural areas. Development however shall not be permitted within
significant valleylands unless it is demonstrated that there will be no negative impacts
on the natural features or their ecological functions. Development is also permitted in
areas of natural hazards provided that the use is passive, non-structural and does not
affect flood flows. The subject property is located within both an identified significant
valleyland and floodplain however the residential use of the property is existing and it
would appear that the proposal would meet this requirement within the Provincial Policy
Statement. Central Lake Ontario Conservation concurs that an in-ground swimming
pool within an "EP" Zone is in consistent with the Provincial Policy Statement.
4.2 Greenbelt Plan
The subject lands are within the Natural Heritage System of the Protected Countryside
as identified in the Greenbelt Plan. Accessory uses to legally existing uses as of the
date of passing the Greenbelt Plan may be permitted provided that no new municipal
services are required and that the use does not expand into key natural heritage or
hydrologic features unless there is no alternative and the impact is minimized. The in-
ground swimming pool does not require new municipal services and no key natural
heritage or hydrologic features will be impacted. The application to permit an in-ground
swimming pool on this property is in conformity with the provisions of the Greenbelt
Plan.
REPORT NO.: PSD-138-07
PAGE 4
5.0 OFFICIAL PLANS
5.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the entire property "Prime Agricultural
Areas." Residential uses are permitted within "Prime Agricultural Areas," including the
construction of accessory buildings and structures. The existing in-ground swimming
pool is in conformity with the provisions of the Durham Regional Official Plan.
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the entire property "Environmental Protection
Area." No development is permitted on lands designated as such except for low-
intensity recreational uses as well as various other uses related to forest, fish and
wildlife, and erosion or stormwater management.
The house was constructed in 1965 and is legal non-conforming. The Official Plan
policies allow for legal non-conforming uses and allow Council to adopt zoning to
recognize the expansion of such uses, subject to conditions.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)" and as
such an in-ground swimming pool is not a permitted use. The in-ground swimming pool
was constructed in April of 2007 and therefore does not have legal non-conforming
status.
6.2 The house located on the lot was constructed in 1965 and has legal non-conforming
status with respect to Zoning By-Law 84-63. The previous Darlington By-Law 2111
zoned the property "Agricultural" and thus permitted the single detached dwelling to be
located on the property.
6.3 The Applicant proposes an exception to the "Environmental Protection (EP) Zone"
which would specifically permit the in-ground swimming pool to be located on the lot as
an accessory structure and use to the principal dwelling.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Notice was given to the public by mail to each landowner within 120 metres of the
subject property and a public notice sign was installed by the Applicant on the Taunton
Road frontage for or a period of one month prior to the scheduled public meeting on
December 3,2007.
7.2 At the time of writing this report, Staff has not received any objections in regard to
permitting the existing in-ground swimming pool within an Environmental Protection
Zone.
REPORT NO.: PSD-138-07
PAGE 5
8.0 AGENCY COMMENTS
8.1 The application was circulated to a number of agencies for comment. Clarington
Emergency Services, Clarington Engineering Services, Clarington Operations
Department, and the Durham Region Health Department have reviewed the application
and have no objections to the application.
8.2 Clarington Building Division has noted that a "Pool Enclosure Permit" is required.
8.3 Central Lake Ontario Conservation has noted that the property is located within 120 m
of the boundary of a Provincial Significant Wetland (PSW) and the property is within the
regulatory flood plain of the Black Creek. Generally it is CLOC policy to direct growth
away from flood prone areas and require an Environmental Impact Study for
development within 120 metres of a PSW. However in consideration of the pre-existing
development of the property, they do not see the need for an EIS to address impacts of
the in-ground pool.
CLOC noted that during construction of the pool excavated material was placed
adjacent to the creek without permission. CLOC staff are addressing this through
Ontario Regulation 42/06. The Conservation Authority has no objections to the rezoning
application.
8.4 Durham Region Planning Department has commented that the in-ground swimming
pool is a use related to an existing residential dwelling and thus may be permitted by the
policies of the Durham Regional Official Plan.
9.0 STAFF COMMENTS
9.1 The swimming pool is in-ground and therefore it has no impact on the floodplain.
Central Lake Ontario Conservation was consulted in this regard and has confirmed that
although it is an area subject to flooding that an in-ground swimming pool will have no
impact on any potential floods in the future.
9.2 The Official Plan policies require an Environmental Impact Study (EIS) be undertaken
for development within or adjacent to a natural feature identified on Map 'C'. Staff
reviewed this requirement together with staff from the Conservation Authority. It was
determined that as the property is already being used residentially and the pool will
have no impact on the flood feature, there was little benefit in preparing an (EIS).
Rather the money would be better spent on naturalizing areas of the lot that have been
cleared of vegetation in the past.
9.3 Construction of the in-ground swimming pool has caused some disruption to the natural
heritage system on the property. The land owners have already begun the process of
restoring the areas that were disturbed to the north and to the west of the existing in-
ground swimming pool. The land owners have identified with the opportunity to make
improvements to the valleylands through this application. As part of the rezoning
REPORT NO.: PSD-138-07
PAGE 6
application, the land owners provided receipts to the Municipality outlining
approximately $1,800.00 of landscaping purchases at their own cost and have
expressed their continued interest in re-establishing natural environment on their
property.
9.4 As the property is within proximity of a Provincially Significant Wetland and within the
flood plain of the Black Creek staff believe restoration of the property and additional
vegetation planting is appropriate. To accomplish this staff are recommending that a
restoration and vegetation planting plan be prepared to the satisfaction of the Central
Lake Ontario Conservation Authority and the Municipality of Clarington and that the
works required to implement the plan be undertaken 90 days prior to the zoning by-law
being adopted by Council.
10.0 CONCLUSION
10.1 Based on the comments in this report, it is recommended that the application to permit
an in-ground swimming pool within an Environmental Protection Zone be approved in
principle, provided that no significant issues or concerns are raised at the public
meeting, and that a by-law be forwarded to Council for adoption at such time as the
applicant has completed a vegetation planting and restoration to the satisfaction of .the
Municipality of Clarington and the Central Lake Ontario Conservation Authority.
Attachment:
Attachment 1 - Key Map
Attachment 1
To Report PSD-138-07
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