HomeMy WebLinkAboutPSD-054-09Clari~tgton
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 15, 2009 ~eSo1v~~~~~QA ~7'~
Report #: PSD-054-09 File #: ZBA 2009-0007 By-law #: ~~~~D7 g
Subject: APPLICATION FOR THE REMOVAL OF AN ENVIRONMENTAL HOLDING
SYMBOL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
THAT Report PSD-054-09 be received;
2. THAT the application submitted by Karin Dieter, to remove the Environmental Holding
Symbol be APPROVED and that the attached By-law to remove the Environmental
Holding Symbol be PASSED; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by: ~ F ~`^~'L~
David J. me, CIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
PW COS'sh'df
8 June 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-054-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Karin Dieter
1.2 Proposal: To remove the Environmental Holding Symbol from the "Neighbourhood
Commercial (C6)" zone
1.3 Area: 0.54 ha
1.4 Location: 10249 Old Scugog Road, Burketon, Lot 19, Concession 10, .former
Township of Darlington
2.0 BACKGROUND
2.1 The subject property previously operated as the general store for the hamlet of
Burketon and the surrounding area. This retail commercial use was in existence for
many years and ceased prior to the Applicant's possession of the property in June of
2001. For the last 8 years, this property has been used exclusively as a residential
property.
2.2 Since 2001, when the commercial use ceased, the Oak Ridges Moraine Conservation
Plan came into effect. Due to the proximity of a significant woodlot on the abutting
property, the buildings on this property are now located within an area of potential
influence of this woodlot which has been identified by an Environmental Holding
Symbol.
2.3 During a Preconsultation meeting held with the Applicant on December 16, 2008, she
expressed her interest in re-establishing commercial uses on this property, within the
existing buildings.
On May 4, 2009, Ms. Dieter submitted concurrent applications for the Removal of an
Environmental Holding Symbol and a Minor Site Plan to permit the operation of an
eating establishment (cafe and coffee shop) with limited retail sales.
2.4 Ms. Dieter has submitted a Natural Heritage Evaluation, prepared by a qualified
environmental consultant, in support of her application.
3.0 ZONING BY-LAW
3.1 On June 6, 2005, Council passed By-law 2005-109 which instituted a new Zoning By-
law for the area of Clarington which was located within the Oak Ridges Moraine.
However, until such time as this Zoning By-law is approved by the Minister of
Municipal Affairs and Housing the original Zoning By-law 84-63, as amended, of the
former Town of Newcastle, continues to apply to these lands as well. Therefore, the
subject property is presently regulated by two separate Zoning By-laws.
REPORT NO.: PSD-054-09 PAGE 3
3.2 Under Zoning By-law 84-63, as amended, of the former Town of Newcastle, the
subject property is zoned "Hamlet Commercial (C3):"
3.3 Under Zoning By-law 2005-109, as amended, the subject property is zoned
"Neighbourhood Commercial (C6) with Environmental Holding Symbol" and
"Environmental Protection (EP)".
3.4 The proposed commercial uses are permitted by both respective Zoning By-laws.
3.5 The existing dwelling predates all municipal Zoning By-laws. Therefore this building's
deficient front yard setback is considered legal non-complying.
4.0 AGENCY COMMENTS
4.1 None of the agency comments received had any opposition to the lifting of the
Environmental Holding Symbol. Any outstanding concerns will be addressed through
the Site Plan approval process.
5.0 STAFF COMMENTS
5.1 The Environmental Holding Symbol is used on the Oak Ridges Moraine in compliance
with provincial policy which requires that a Natural Heritage Evaluation be undertaken
for the portions of any property which are .between 30 and 120 metres from the
significant woodlot located on the abutting property. The Holding Symbol covers the
west side of the subject property and. includes the area of the existing dwelling,
driveway and the proposed parking/loading area.
5.2 The Applicant submitted a Natural Heritage Evaluation prepared by Niblett
Environmental Associates Inc. The Evaluation concluded that there would be no
negative impacts upon the woodlot from the proposed development. The Natural
Heritage Evaluation has been undertaken to the satisfaction of the Municipality and
Kawartha Region Conservation Authority.
5.3 Commercial uses within the Hamlet have historically operated from this site. Hamlet
or neighbourhood scale commercial uses continue to be permitted by the respective
Zoning By-laws.
5.4 The absence of any other hamlet-serving businesses, within Burketon or the
immediate area, make the proposed uses a desirable addition to the hamlet.
REPORT NO.: PSD-054-09 PAGE 4
6.0 CONCLUSIONS
6.1 In consideration of the comments noted above, Staff recommend approval of the
application to remove the Environmental Holding Symbol as shown on the attached
by-law and schedule (Attachment 2).
Attachments:
Attachment 1 -Site Location Key Map & Property Plan
Attachment 2 -Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Karin Dieter
Attachment 1
To Report PSD-054-09
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Attachment 2
To Report PSD-054-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to amend Zoning 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 2009-ROOT
NOW THEREFORE BE IT RESOLVED THAT, the Council df the Corporation of the
Municipality of Clarington enacts as follows:
1. Map "E2" to By-law 2005-109, as amended, is hereby further amended by changing the
zone designation from "Neighbourhood Commercial (C6) Zone subject to Environmental
Holding Symbol" to "Neighbourhood Commercial (C5) Zone", as illustrated on the
attached Schedule "A" hereto.
2. Schedule "A" attached 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 and 36 of the Planning Act.
BY-LAW read a first time this 15`" day of June 2009
BY-LAW read a second time this 15`"
BY-LAW read a third time and finally passed this
day of June 2009
15`h day of June 2009
Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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This is Schedule "A" to By-law 2009-
,
passed this day of , 2009 A.D.
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® Zoning Change From "C6 With
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