HomeMy WebLinkAboutPSD-031-08
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Reso \lA..t1 on-*<:: f+l-d.d5 -eXS
Monday, March 31, 2008
Date:
Report #: PSD-031-08
File #: ZBA 2008-0001
By-law #: ~~~o4-~
900~--o<t'l
Subject:
PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SINGLE
DETACHED DWELLING
APPLICANT: DAVE MIURA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-031-08 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, the
application to amend the Zoning By-law 84-63 and Zoning By-law 2005-109 to permit a
single detached dwelling be APPROVED and that the proposed Zoning By-laws
contained in Attachment 3 and Attachment 4 to this Report be PASSED; and
3. THAT the applicant, Region of Durham, the Municipal Property Assessment
Corporation, all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: O~-~
Franklin Wu,
Chief Administrative Officer
TW/CP/DJC/df
20 March 2008
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-031-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Dave Miura
1.2 Proposal: The applicant proposes amendments to Zoning By-law 84-63 and Zoning
By-law 2005-109 to permit a single detached dwelling
1.3 Site Area: 10.12 hectares
1.4 Location: Part Lot 19, Concession 8, former Township of Darlington, 2202 Regional
Road 3, Enniskillen
2.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
2.1 The subject site is currently vacant. The northern tip and eastern portion of the site is
wooded. There is a plateau in the middle of the site which contains a pond. It is in this
vicinity that the applicant is proposing to construct a single detached dwelling. There is
a significant slope down the site to Regional Road 3.
ZBA 200S-0001
REPORT NO.: PSD-031-08
PAGE 3
2.2 The surrounding uses are as follows:
North -
South -
East -
West -
Hamlet Residential
Rural Residential
Hamlet Residential
Rural Residential and Conservation lands
3.0 BACKGROUND
3.1 On January 24, 2008 Dave Miura submitted a Zoning By-law amendment application to
permit the construction of a single detached dwelling. The property is partially located
within the Oak Ridges Moraine. The Municipality of Clarington Oak Ridges Moraine
Zoning By-law 2005-109 adopted by Council permits the proposed use provided an
Environmental Holding symbol is removed. However, By-law 2005-109 is awaiting
approval by the Ministry of Municipal Affairs and Housing, therefore Zoning By-law 84-
63 is also applicable. Zoning By-law 84-63 zones the property Environmental Protection
(EP) and does not permit the proposed use.
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement (PPS) encourages residential development within
identified settlement areas. The evaluation of the ecological function of natural heritage
features for adjacent development proposals is required. Development can proceed if it
has been demonstrated that there will be no negative impacts.
4.2 Oak Ridaes Moraine Conservation Plan
The subject lands are partially within the rural settlement of Enniskillen in the
Countryside Area of the Oak Ridges Moraine Conservation Plan. Residential uses are
permitted provided the applicant demonstrates that the use, erection or location will not
adversely affect the ecological integrity of the area.
The proposed development is within the minimum area of influence for significant
valleylands, significant woodlands and a stream. An application for development within
such area requires the submission of a natural heritage and hydrological evaluation.
The applicant has submitted and Environmental Impact Study (EIS) and subsequent
addendum to meet this requirement.
The proposed dwelling is located in a Category 1 Landform Conservation Area.
Development applications within this area are required to identify planning, design and
construction practices that will keep disturbance to landform character to a minimum.
REPORT NO.: PSD-031-08
PAGE 4
4.3 Greenbelt Plan
The southwestern portion of the subject property is within a "Hamlet" of the "Protected
Countryside" Area. Residential development is permitted provided appropriate water
and sewage services are accommodated.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Reaion Official Plan
The subject property is within a Hamlet designation which is the predominant location
for residential development in rural areas. The site is also within the Oak Ridges
Moraine and Major Open Space Areas of the Greenlands System. Prior to the
consideration of any development proposals in the Greenlands System the applicant
shall provide evidence that the proposal will preserve the ecological benefits and
biodiversity of the Greenlands System.
5.2 C/arinaton Official Plan
The Clarington Official Plan designates the subject property as Hamlet Residential and
Environmental Protection Area. The lands are partially within the boundary of the Oak
Ridges Moraine. The predominant use of lands in the Hamlet Residential designation
is for single detached residential dwellings.
The Natural Environment and Resource Management policies of the Clarington Official
Plan require the submission of a Natural Heritage Evaluation and/or Hydrological
Evaluation for development proposals within the minimum area of influence of any
natural heritage feature or hydrological sensitive feature within the Oak Ridges Moraine.
The study must demonstrate how the specific planning, siting, design or construction
practices for the proposed development would maintain or enhance the ecological
integrity of the Moraine, including the natural heritage, water resources and landform
conservation systems.
6.0 ZONING BY-LAW
6.1 The subject lands are located within the "Residential Hamlet Exception (RH-3)" and
"Environmental Protection (EP)" Zones within Comprehensive Zoning By-law 84-63, as
amended, of the former Town of Newcastle. The proposed dwelling is located entirely
within the "EP" portion of the property.
6.2 Within Zoning By-law 2005-109, for lands within the Oak Ridges Moraine, the subject
lands are within the (RS1) Rural Settlement One Zone with an Environmental Holding
Symbol and the (EP) Environmental Protection Zone. The proposed dwelling is located
within the RS1 zone with the Environmental Holding Symbol.
REPORT NO.: PSD-031-08
PAGE 5
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public meeting notice was installed on the property.
7.2 Three general inquiries were received from the public regarding the applicant's
proposal. No issues of concern were identified through these inquiries.
8.0 AGENCY COMMENTS
8.1 Comments have been received from a number of circulated departments and agencies.
8.2 Clarington Building Services, Clarington Engineering Services, Clarington Emergency
and Fire Services and Region of Durham Health Department offered no objections with
the applicant's proposal.
8.3 The Region of Durham Planning Department offered the following comments for
consideration and indicated that the subject site abuts Regional Road No.3, a Type 'B'
Arterial road in the Durham Regional Official Plan. Upon reviewing the approximate
location of the proposed dwelling on the Regional Road, a noise impact study will not be
required for the proposed development. No road widening is anticipated on Regional
Road NO.3 at this time.
The Region advised that the requirements as set out in the Oak Ridges Moraine
Conservation Plan were adequately addressed by the Scoped EIS and its Addendum.
Development within hamlets is to be individually serviced with private drilled wells and
private sewage disposal systems where groundwater quantity and quality permits, and
in compliance with the standards of the Region and the Ministry of Environment.
A private water supply system and private waste disposal system is proposed to service
the property. The Regional Health Department has no objection to the proposal.
8.4 The Central Lake Ontario Conservation Authority staff advised that based on the
Environmental Impact Study and Addendum completed by Oakridge Environmental Ltd.
that they have no objection to the approval of this application.
The property is subject to Ontario Regulation 42/06, Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation. A permit is
required for construction activity on the property.
9.0 STAFF COMMENTS
9.1 The applicant submitted an Environmental Impact Study (EIS) prepared by Oakridge
Environmental Ltd. on January 31, 2006. In order to address concerns identified by
staff, the Central Lake Ontario Conservation Authority and the Region of Durham, an
REPORT NO.: PSD-031-08 PAGE 6
addendum letter dated March 14, 2008, was provided. The EIS and subsequent
addendum addresses all of the Natural Heritage Evaluation and Hydrological Evaluation
requirements of the Oak Ridges Moraine Conservation Plan, Durham Region Official
Plan and Municipality of Clarington Official Plan.
9.2 The EIS and subsequent addendum made a number of recommendations for the
construction and maintenance of the property including:
.
Requirement for a 30 metre vegetation protection zone;
Materials used in constructing the driveway;
Timeframe for use of heavy equipment on-site to be completed prior to May 15th or
after July 15t; and
Restrictions on vehicle storage or stock piling of materials.
.
.
.
9.3 In light of the findings of the EIS it is appropriate to permit the proposed residential use
within a limited area. Due to the topographical and environmental constraints on the
site, the subject property is suited for the construction of one dwelling only. As such the
proposed minimum lot area of 1.9 hectares is proposed. The area zoned for the
residential use also conforms with the Oak Ridges Moraine Plan, which restricts the
developable area of a site to not more that 25 percent of the total area of a site within a
Category 1 - Landform Conservation Area. The balance of the site is proposed to be
zoned Environmental Protection (EP).
9.4 It is the opinion of Staff that EIS recommendations will be implemented by limiting the
area zoned for the residential use. As such it is not necessary to require the applicant
to submit a site plan application to implement the recommendations of the EIS.
9.5 The proposed amendment for Zoning By-law 84-63 also contains an exception to
Section 3.21 b) of the General Provisions which would require a setback of 3 metres to
the Environmental Protection (EP) Zone. The intention of this section is to provide an
additional buffer between sensitive lands and development. However, since the lands
proposed to be zoned EP contain the minimum vegetation protection zone as required
by the Oak Ridges Moraine Conservation Plan, the additional 3 metre buffer is not
necessary.
9.6 Central Lake Ontario Conservation Authority (CLOCA) has recently acquired Valley
Lands in the vicinity of the subject property. Staff confirmed with CLOCA that they will
not be pursuing the dedication of valley lands on the subject property at this time.
10.0 CONCLUSIONS
10.1 The application has been reviewed in consideration of comments received from the
circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law
regulations, and the public. In consideration of the comments contained in this report,
Staff respectfully recommend that the proposed Zoning By-law amendment contained in
Attachments 3 and 4 be passed by Council.
REPORT NO.: PSD-031-08
PAGE 7
Attachments:
Attachment 1 - Location Map
Attachment 2 - Environmental Impact Study (Scoped) Proposed Enniskillen Building Site:
Figure 5
Attachment 3 - Zoning By-law Amendment for Zoning By-law 84-63
Attachment 4 - Zoning By-law Amendment for Zoning By-law 2005-109
Interested parties to be notified of Council and Committee's decision:
Dennis Jacobs
David Miura
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Attachment 1
To Report PSD-031-08
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Attachment 2
To Report PSD-031-08
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Attachment 3
To Report PSD-031-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
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 Corporation of the fomner Town
of Newcastle to implement ZBA 2008-0001;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 9.3 "Special Exceptions - Residential Hamlet (RH) Zone" is hereby
amended by introducing a new Subsection 9.3.27 as follows:
"9.3.27 SPECIAL EXCEPTIONS - RESIDENTIAL HAMLET (RH-27) ZONE"
Notwithstanding Section 3.21 a) and Section 9.2 a) those lands zoned
RH-27 as shown on Schedule "A" attached to this By-law shall be
subject to the following zone regulations:
a) Setback from the Environmental
Protection (EP) Zone (minimum)
b) Lot Area (minimum)
o metres
1 .9 hectares
2. Schedule "9" to By-law 84-63, as amended, is hereby further amended by
changing the zone designations from:
"Residential Hamlet (RH) Zone" to "Residential Hamlet Exception (RH-3) Zone";
"Environmental Protection (EP) Zone" to "Residential Hamlet Exception (RH-27)
Zone" and "Environmental Protection (EP) Zone"
as illustrated on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form a part of this By-law
4. 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
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti l. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2008-
passed this day of , 2008 A.D.
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DURHAM REGIONAL ROAD 3
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Jim Abernethy, Mayor
1:"~"i1 Zoning To Remain "EP"
tsoox<I Zoning Change From "EP" To "RH-27"
~ Zoning Change From "RH-3" To "RH-27"
Patti L. Barrie, Municipal Clerk
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Attachment 4
To Report PSD-031-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to amend By-law 2005-109, of the Corporation of the Municipality
of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 2005-109, as amended, of the Corporation of the
Municipality of Clarington for ZBA 2008-0001;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 8.4.1 "RS1 Exception Zones" is hereby amended by introducing a new
Subsection 8.4.1.2 as follows:
8.4.1.2 RS1-2
a. Permitted Uses:
i) All RS1-1 zone uses
b. Regulations:
i) Lot a rea
1 .9 hectares
c. Except as amended herein, all other provisions of this By-law, as
amended, shall apply.
2. Map E10 to By-law 2005-109, as amended, is hereby further amended changing
the zone designation from "Rural Settlement (RS1) Zone" subject to
"Environmental Holding Symbol" and "Environmental Protection (EP) Zone" to
"Rural Settlement One (RS1) Zone" and "Environmental Protection (EP) Zone",
as illustrated on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "An to By-law 2008-
passed this day of . 2008 A.D.
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Zoning To Remain "EP"
Zoning Change From "(H)RS1" To "EP"
Zoning Change From "(H)RS1" To "RS1-2"
Patti L. Barrie. Municipal Clerk
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