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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 27, 2010
Report #: PSD-106-10
Resolution #: ~ P~- 476 -/o
File #: ZBA 2010-0018
By-law #: ao/o-/a 3
Subject: APPLICATION TO AMEND ZONING BY-LAW 84-63 TO ALLOW THE
ENLARGEMENT OF AN EXISTING LEGAL NON-CONFORMING LOT
APPLICANT: KELLY ADAMS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-106-10 be received;
2. THAT provided there are no significant objections raised at the public meeting the
application for Zoning By-law Amendment submitted by Kelly Adams as contained in
Attachment 2 of Report PSD-106-10 be approved.
3. THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-106-10 and Council's decision; and
4. THAT all interested parties listed in Report PSD-106-10 and any delegations be advised
of Council's decision.
Submitted by: ~ w~^ ~ Reviewed by:
a e Lang aid, FCSLA, MCIP
Acting Director, Planning Services
MH/CP/df/av
21 September 2010
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Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-106-10
1.0 APPLICATION DETAILS
1.1 Applicant: Kelly Adams
1:2 Owner: Walter & Berna Stapleton/Kelly Adams
PAGE 2
1.3 Proposal: To amend the Zoning By-law to permit the enlargement of a legal
non-conforming residential lot, and to permit existing uses only on
the subject lot addition.
1.4 Area: Existing legal non-conforming lot = 0.38 ha
Proposed lot addition = 0.4 ha
Total proposed lot = 0.78 ha
1.5 Location: Part Lot 31, Concession 6, former Township of Clarke
(see Attachment 1, Property Location Map)
2.0 BACKGROUND
2.1 On February 25, 2010, an application for consent was submitted to the Regional
Municipality of Durham for consideration by the applicant, Mr. Kelly Adams. The
Clarington Planning Department was circulated the application to provide comments to
the Land Division Committee with regards to conformity with the Clarington Official Plan
policies and the Zoning By-law.
2.2 Planning Staff determined, through the review of the application for consent, that an
application for Zoning By-law Amendment was necessary in order to enlarge an existing
legal non-conforming residential lot, within an "Environmental Protection (EP) Zone". At
the Land Division Committee meeting, held April 19, 2010, the Committee made a
decision to table the application for up to two (2) years in order to afford the applicant
sufficient time to submit the appropriate applications to the Municipality of Clarington for
review.
2.3 Apre-consultation meeting was held between Staff and the applicant in May 2010 to
discuss the Rezoning process, and on June 23, 2010, an application for Zoning By-law
Amendment was submitted by Mr. Kelly Adams to request the enlargement of an
existing legal non-conforming residential lot.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject site is located southwest of the intersection at Leskard Road and
Concession Road 7 in the former Township of Clarke. The parcel of land, which is
subject to the proposed lot addition, is located within the Wilmot Creek valley and
floodplain. Currently there are no structures, buildings or uses on the proposed severed
parcel to be added to the existing lot and it is heavily vegetated. The adjacent property
to the north, to which the proposed severed parcel will be added, is also located within
the valley and floodplain however there exists a single detached dwelling and an
accessory building:
REPORT NO.: PSD-106-10 PAGE 3
3.2 The surrounding uses are as follows:
North - Rural Residential & Environmental Protection
South - Agricultural & Environmental Protection.
East - Rural Residential & Agricultural
West - .Rural Residential ~ Agricultural
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement (PPS)
The PPS addresses the need to protect natural features and areas for the long term.
Development and site alteration shall not be permitted in significant valley lands and
significant woodlands unless it has been demonstrated that there will be no negative
impacts on the natural features or their ecological functions.
The proposed Zoning By-law Amendment, if approved, will allow for the enlargement of
a legal non-conforming residential lot. The legal non-conforming use will be permitted
to continue on the existing portion of the lot only thereby prohibiting any site alteration,
vegetation removal or construction on the new addition to the lot. Therefore the
REPORT NO.: PSD-106-10
PAGE 4
proposed Zoning By-law Amendment will have nd negative impact on the natural
features and is consistent with the PPS.
4.2 Greenbelt Plan
The subject lands are located within the Protected Countryside Area of the Greenbelt
Plan. Within the Protected Countryside Area, minor lot. adjustments or boundary
additions are permitted provided they do not create a separate lot for a residential
dwelling in specialty crop or prime agricultural areas, and there is no increased
fragmentation of a key natural heritage feature or key hydrological feature.
As previously discussed, the Zoning By-law Amendment seeks to. enlarge an existing
legal non-conforming lot, while limiting the residential use of the lot to the existing lands
only. This ensures that the lands which are subject to the proposed consent will remain
in its existing, natural state and will not be altered or further impacted in any way. The
proposed Zoning By-law Amendment is consistent with the Greenbelt Plan.
4.3 Provincial Growth Plan
According to the policies of the Growth Plan for the Greater Golden Horseshoe, the
applicable policies in the Greenbelt Plan apply for lands within the Greenbelt Area.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The subject lands are designated "Major Open Space Areas" in the Durham Regional
Official Plan (ROP). The predominate use of lands in Major Open Space Areas shall be
conservation, agricultural and agricultural-related uses. However, the ROP permits the
Council of the area municipality to permit the cohtinuation, expansion or enlargement of
legally existing uses, or the variations to similar uses.
The proposed Zoning By-law Amendment which recognizes the continuation and
enlargement of the legal non-conforming lot conforms to the ROP.
5.2 Clarington Official Plan
The subject lands are designated "Environmental Protection Area" within the Clarington
Official Plan. Environmental Protection Areas, located within the Open Space System,
are recognized as the most significant component of the Municipality's natural
environment and no development is permitted on lands designated Environmental
Protection Area. A key objective for land within the Open Space System is to protect
significant heritage features from the effects of human activity.
The existing rural residential lot to the north, the "receiving" lot, is considered legal non-
conforming as it was established prior to the adoption of the Official Plan. The Official
Plan shall not limit the authority of Council to pass a by-law permitting the extension or
enlargement of a legal non-conforming use (residential lot),. however prior to passing a
REPORT NO.: PSD-106-10
PAGE 5
by-law recognizing the enlargement of the use, the applicant must first satisfy Council of
the following:
a) it is not feasible to relocate the existing use;
b) it does not aggravate the situation created by the existence of the use, especially
in regard to the policies of this Plan and the requirements of the implementing
Zoning by-law;
c) the size is appropriate in relation to the existing legal non-conforming use;
d) it does not generate noise, vibrations, fumes, smoke, dust, odours, or lighting so
as to create a public nuisance or health hazard;
e) the neighbouring conforming uses are protected, where necessary, by the
provision of landscaping, buffering, screening and other measures; and
f) it shall not adversely affect traffic, access or parking conditions in the vicinity.
6.0 ZONING BY-LAW
6.1 Within Zoning By-law 84-63 the subject lands are zoned "Environmental Protection
(EP)". Within an "EP" zone, residential uses and the creation of new lots are prohibited,
due to the inherent hazards and flood risks associated with environmentally protected
lands.
Prior to the passing of Zoning By-law 84-63, all lahds located within the limits of the
former Township of Clarke, were subject to Zoning By-law 1592. In By-law 1592, the
subject lands were zoned "Agricultural (A)" which permitted residential uses, including a
single detached dwelling. Zoning By-law 84-63 permits the continuation of any uses
within an "EP" zone which legally existed prior to the passing of the By-law, in 1984.
However, any new uses or changes to existing uses shall be subject to the regulations
of By-law 84-63.
According to the applicant, both the lot and residential use of the lot were legally
established prior to the passing of By-law 84-63 as the dwelling was constructed in
1975.
7.0 PUBLIC NOTICE AND SU
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting sign was installed along the Concession Road 7 frontage. No
inquiries on the subject application were received at the time this report was written.
REPORT NO.: PSD-106-10
PAGE 6
8.0 AGENCY COMMENTS
8.1 .The subject application for Zoning By-law Amendment was circulated to a number of
agencies for comment. The Clarington Engineering Services Department, Clarington
Emergency Services Department, and Building Division had no objections to the
proposed amendment.
8.2 The. Ganaraska Region Conservation Authority (GRCA) advise that they have no
objection to the proposal, as submitted. GRCA notes that the subject lands are within
the regulation limits of the Ontario Regulation 168/06, and as such are subject to the.
Authority's Development, Interface with Wetlands, Alterations to Shorelines and
Watercourses Regulation.
8.3 The Durham Regional Planning Department advise that there are no matters of
Provincial interest identified at this time, and that the application conforms with the
Durham Regional Official Plan.
8.4 The Durham Regional Works Department and Health Department advise that there are
no muhicipal services available to the subject lands, and they have no concerns with
regards to the private water supply and waste disposal system on the subject lands.
9.0 STAFF COMMENTS
9.1 Staff's initial recommendation for the consent application submitted by the applicant was
not favourable. Staff could not support the enlargement of a residential use (or lot)
further into the valleylands, and would not support the enlargement of a legal non-
conforming use without amendment to the Zoning By-law. As a result, an application for
Zoning. By-law Amendment was submitted by the applicant, Mr. Kelly Adams.
9.2 The proposed Zoning By-law Amendment serves a dual function: firstly the amending
By-law will permit the enlargement of the existing legal non-complying lot itself, and
secondly will delineate the existing lot from the proposed lot addition. This will ensure
that the existing residential use does not expand onto the portion of land to be added to
the lot and that those lands, which are further extended into the valley, will be
maintained in its natural state. The applicant is aware that the amending by-law, in
Attachment 2, is restrictive in nature and that any vegetation removal, site alteration or
construction of buildings and structures of any kind is strictly prohibited on those lands.
In doing this, Staff are satisfied that the proposal will not aggravate the situation caused
by the legal non-conforming use, it will not lead to further segmentation of a key natural
heritage feature and it will not have any physical impact on the portion of lands which
are to be added to the existing residential lot. Staff are satisfied that the provisions of
Section 23.5.3 of the Clarington Official Plan are being satisfied.
9.3 The proposed by-law has been drafted to permit a larger lot than what exists today,
however the use of both the existing lot and the lot addition, will remain virtually the
same as what exists today. In fact, the lands to be added to the existing lot will be
further protected by prohibiting any uses which may lead to site alteration'or vegetation
removal and which are unrelated to conservation efforts. The only permitted change
REPORT NO.: PSD-106-10 PAGE 7
following the by-law amendment shall be the adjustment to the lot boundaries and the
ownership of the land.
9.4 The existing use of the "receiving" lot, and all existing structures or buildings located on
the lot, will continue to be subject to the general provisions of the Zoning By-law, with
respect to the extension or enlargement of legal non-complying buildings and
structures. Any future proposed expansions to the dwelling or accessory building will
require the approval of the Committee of Adjustment, prior to the issuance of a building
permit.
9.5 The application for consent, submitted by Mr. Kelly Adams, was tabled to allow the
applicant sufficient time to receive the proper approvals from Clarington Council. If
approved, the proposed Zoning By-law Amendment will allow the applicant to bring
forward the application for consent to the Land Division Committee with favourable
comments from Clarington Staff.
9.6 Taxes for the subject lands are paid in full.
70.0 CONCLUSION
10.1 In consideration of the comments contained in the report,. Staff recommends that.
provided there are no significant objections raised at the public meeting, the application
for Zoning By-law Amendment as contained in Attachment 2 be approved.
Staff Contact: Meaghan Harrington
Attachments:
Attachment 1 - Property Location Map
Attachment 2 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Kelly Adams
Walter & Berna Stapleton
To Report tS 106 10
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Attachment 2
To Report PSD-106-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO: 2010-
being a By-law to amend By-law 84-83, 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 Municipality of
Clarington for ZBA 2010-0018;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Section 5.2 "SPECIAL EXCEPTIONS -ENVIRONMENTAL PROTECTION (EP)
ZONE" is hereby amended by adding new Special Exception Zones as follows:
"SECTION 5.2.17 ENVIRONMENTAL PROTECTION EXCEPTION (EP-17)
ZONE
Notwithstanding Sections 5.1 a. those lands zoned EP-17 on the Schedules to
this By-law, in addition to the other uses permitted in the Environmental
Protection (EP) Zone, may also be used for residential uses legally established
prior to October 4, 2010 (the date of passing of this By-law Amendment), so long
as it continues to be used for that purpose, subject to the following special zone
regulations:
a. Lot Area (maximum) 0.4 hectares
SECTION 5.2.18 ENVIRONMENTAL PROTECTION EXCEPTION (EP-18)
ZONE
Notwithstanding Section 5.1, those lands zoned EP-18 on the Schedules to this
By-law, shall be subject to the following special zone regulations:
a. Residential Uses
i) Prohibited
b. Non-residential Uses
i) Conservation and other similar uses which provide for the
preservation of the natural environment
ii) Flood and erosion control works
c. Lot Area (maximum) 0.4 hectares"
2. Schedule "2" to By-law 84-63, as amended, is hereby further.amended by
changing the zone designation from "Environmental Protection (EP)" to
"Environmental Protection Exception (EP-17)" and from "Environmental
Protection (EP)" to "Environmental Protection Exception (EP-18)", as illustrated
on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law sFiall 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 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2010-
,
passed this day of
201 0 A.D.
,
CONCESSION ROAD 7
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® Zoning Change From "EP" To "EP-17"
Zoning Change From "EP" To "EP-18"
'I'J' ~ Zoning To Remain "A"
® Zoning To Remain "EP"
Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk
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