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Home My WebLink AboutPSD-138-07 Cl~mglOn REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~ESO IlA-{.,' OY\~ 11l-lIJ,r() 7 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 f;:'~ r&UlA. Fran lin Wu Chief Administrative Officer f 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 -.----- ~ t III c ~ .s z Dl QI III W 'r: .5 2 IXI ;: Q .. I! c ."z .. 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