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HomeMy WebLinkAboutPSD-011-12 • n REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 6, 2012 Resolution #: By-law #: - 1-/ 0th- d Report #: PSD-011-12 File #: COPA 2009-0001 and ZBA 2009-0001 Subject: APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW 84-63 TO PERMIT AN OUTDOOR RECREATIONAL VEHICLE STORAGE BUSINESS APPLICANT: TIMOTHY AND SANDRA KEARNS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-011-12 be received; 2. THAT the Official Plan Amendment No. 83 as contained in Attachment 2 of PSD-011- 12 be adopted and that the necessary by-law be passed; 3. THAT the application for a Zoning By-law Amendment submitted by Timothy and Sandra Kearns as contained in Attachment 3 of PSD-011-12 be approved; 4. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-011-12 and Council's decision; and 5. THAT all interested parties listed in Report PSD-011-12 and any delegations be advised of Council's decision. Submitted by: _ Reviewed by:� �P DAM. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer CP/df 31 January 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-011-12 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant/Owner: Timothy and Sandra Kearns 1.2 Proposal: To amend the Official Plan and Zoning By-law to permit an outdoor recreational vehicle (RV) and boat storage business 1.3 Area: 2.26 ha 1.4 Location: 3424 Courtice Road, Part Lot 29, Concession 3, Former Township of Darlington (see Attachment 1 — Key Map) 2. BACKGROUND 2.1 On February 3, 2009, Timothy and Sandra Kearns submitted applications to amend the Clarington Official Plan and Zoning By-law 84-63 to permit a commercial RV storage business at 3424 & 3436 Courtice Road, Courtice. The applicant's intentions were to use both properties for the storage business, while maintaining the existing residential dwellings on both properties as rental properties. The applications were deemed complete on December 3, 2009. 2.2 A statutory Public Meeting was held on February 1, 2010, to present the proposal and to provide an opportunity for interested parties to provide their comments and concerns. At the meeting staff informed the Committee that an Environmental Impact Study (EIS) was required as part of the application due to a significant woodland as well as part of a Provincially Significant Wetland on the property. A final draft of the EIS report has since been prepared and a set of recommendations were made. 2.3 A number of concerns were raised at the public meeting. The concerns were with respect to the appropriateness of the use, potential impacts on well water, and potential impacts on adjacent environmental features such as the wetlands and valleylands. These concerns are outlined in Section 8 of this report. 2.4 In an attempt to address some of the residents' concerns, the applicants have amended their original application, since the public meeting, by eliminating 3436 Courtice Road from the proposal. This provides a buffer between the RV parking and the nearby property to the north and also to scale back the size of the storage business to lessen the impact it may have on the neighbourhood. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on Courtice Road, north of Nash Road, at the north limits of the urban boundary of Courtice. The total area of the site is approximately 2.3 hectares and approximately half of the subject land is heavily vegetated woodland/ wetland. The remaining property is mowed lawn with frontage onto Courtice Road. The cleared portion of the land appears to slope gently from east to west, and is currently REPORT NO.: PSD-011-12 PAGE 3 being used for the storage of RV's, boats and trailers. In addition, there exists a single detached dwelling and an accessory building. Currently there is very little vegetation at the front of the property and the storage area is quite visible from Courtice Road. CourtIce Urban Area Boundary ,. 1 Original Application limits Revised SLbJect Property lx 3438 a t } .rx ! A,*• , 3424 Y x; { Photo 1:Aerial Photograph-@larch 2010 ..a , . :• N„ ..r.ww, 3424 and 3436 Courtke Road 3.2 The surrounding uses are as follows: North - Rural residential South - Rural residential East - Vacant land (Draft Approved Plan of Subdivision) West - Vacant land/Provincially Significant Wetland 3.3 The lands which are located on the east side of Courtice Road, opposite the subject property have been granted Draft Approval for a Plan of Subdivision (18T-94027). REPORT NO.: PSD-011-12 PAGE 4 ( " 18T-94027 SubjeG Lands 4 y& X Cg s z rr 1 •'° k a° k d' ♦ S }� Plwto#2:Aerial Photograph,March 2010 N �,.,, tm Location of Draft Approved Plan o(Subdlvlslon•187.94027 Draft Approved Plan of Subdivision 18T-94027, located within Hancock Neighbourhood, is comprised of 79 single-detached dwellings and 72 semi-detached dwellings. 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The application is consistent with a number of policies of the 2005 Provincial Policy Statement (PPS). Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. The PPS states that: "Ontario's long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support strong, liveable and healthy communities, protect the environmental and public health and safety, and facilitate economic growth." Healthy, liveable and safe communities are sustained by promoting cost-effective development standards to minimize land consumption and servicing costs. In addition, REPORT NO.: PSD-011-12 PAGE 5 long-term economic prosperity should be supported by optimizing the long-term availability and use of land, resources, infrastructure and public service facilities. This proposal is consistent with the PPS as it allows for a needed land use, on a temporary basis, until such time as full municipal services are available and more intense residential land use can occur. 4.2 Provincial Growth Plan The Provincial Growth Plan seeks to direct growth to built-up areas where the capacity exists to best accommodate the expected population and employment growth, while providing strict criteria for settlement area boundary expansions and preservation of employment areas for future economic opportunities. The principles of the Growth Plan that guide decisions on how land is developed, how resources are managed and how public dollars are invested include planning and managing growth to support a strong and competitive economy and optimizing the use of existing and new infrastructure to support growth in a compact, efficient form. Again, this proposal is consistent with the Growth Plan as it allows for a needed land use, on a temporary basis, until full municipal services are available and more intense residential land use can occur. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands as Living Areas, which shall be used predominantly for housing purposes. Other uses, such as local centres and corridors and employment area uses which are not obnoxious in nature, shall be permitted in Living Areas subject to the inclusion of appropriate provisions and designations in the area municipal official plans. The Durham Regional Official Plan indicates that development shall take into account aesthetics, noise, odour, dust and light pollution. Further, the Plan indicates that activities characterized by fumes, vibration and noise shall be confined to sites that are well-removed and buffered from Living Areas. In addition, the Plan indicates that development is not permitted within key natural heritage and hydrologic features and their associated vegetation protection zones. The Plan does not consider the proposed use a high risk to groundwater. The proposed use will not preclude the ultimate development of the lands for housing purposes at such time services are available. REPORT NO.: PSD-011-12 PAGE 6 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Urban Residential and Environmental Protection Area. The predominant use of lands designated Urban Residential within each neighbourhood shall be for housing purposes. An outdoor recreational vehicle (RV) storage business is not permitted within the Urban Residential designation. No development shall be permitted on lands designated Environmental Protection Area except low intensity recreational uses. The RV storage area is not proposed to be located on those lands designated Environmental Protection Area. Courtice Road is a Type `A' Arterial Road. Type `A' Arterials are intended to convey the highest traffic volumes. Access to Type 'A' arterials is limited to one every 200 metres in urban areas, and not permitted in rural areas, except lots of record where no alternative exists. There is wetland, significant valleylands and significant woodlands on the subject property. In addition, the lands are within the Lake Iroquois Beach natural heritage policy area. The Clarington Official Plan states that an Environmental Impact Study (EIS) shall be undertaken for development applications located on or adjacent to any natural heritage feature and the Lake Iroquois Beach. Section 7 of this report summarizes the findings of the EIS. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" and "Environmental Protection (EP)". The proposed outdoor storage business is not a permitted use within either the "A" zone or the "EP" zone, hence the application for rezoning. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Planninq Rationale Renort A Planning Rational Report was prepared by D. G. Biddle and Associates Limited in support of the proposed application. The comments and recommendations of the report are outlined below: • A facility for the storage of RV's, trailers and boats is a use that is needed by the residents living in Urban Areas whose properties and driveways do not have sufficient space to legally accommodate them. In addition, they are generally prohibited through zoning regulations. • The use of serviced industrial land for a parking and storage area for RV's would be cost prohibitive and an under utilization of employment lands. REPORT NO.: PSD-011-12 PAGE 7 • The use of the subject lands for RV storage, until such time as the lands are needed for Urban Residential purposes, represents a responsible commitment by the Municipality and the owner. • The site plan approval process will ensure a compatible interface with abutting land uses. • Proposed improvements to the site, including a properly surfaced and graded parking area will improve the appearance of the site and any perceived deleterious impacts on surrounding land uses. • No buildings are proposed to be built as part of the storage business, therefore the proposed use will be such that when urban services become available to the area, the site could be easily restored and developed for residential purposes with the removal of the gravelled surface. • The proposed amendments to acknowledge the existing use of the site as RV storage can be justified as the use represents good stewardship of the land on a temporary basis. It is of the writer's opinion that the proposed amendments to permit the use on a temporary basis is in general compliance with the intent of the applicable Provincial, Regional and Municipal policies, and represents good planning. 7.2 Environmental Impact Study 7.2.1 The property is within or adjacent to lands (within 120 metres) having the following natural heritage features: • the provincially significant Harmony-Farewell Iroquois Beach Provincially Significant Wetland Complex (PSW, 2005); • Significant Woodland; • Significant Valleyland; and • Lake Iroquois Beach formation. 7.2.2 The study concluded that the property has three (3) vegetative communities. The majority of the site, east portion, has been mown regularly and is currently used for storage of boats, vehicles and trailers. The western part of the site is forested and is part of the PSW and was identified as a deciduous swamp. The detailed wetland boundaries were identified as almost exactly the same as that identified by the Ministry of Natural Resources. A third community was identified in a narrow band between the PSW and the mown field. It was a wetland that bordered the tree line associated with the creek. None of the plants found on the property were significant on a national, provincial or regional level. 7.2.3 None of the birds observed were significant on a national, provincial or regional level. The Western Chorus Frog was the one amphibian found that is significant on a national level. However the report stated that the breeding and foraging habitat for this species is within the wetland and the woodland and therefore generally not impacted by the use of the regularly mown portion of the site. REPORT NO.: PSD-011-12 PAGE 8 7.2.4 The study concludes that the wetland communities are outside of the proposed development envelope. A 30 m wide buffer is recommended to be delineated prior to any site preparation activities in order to preserve the key features and functions of the PSW. In addition, seeding of the 30 m buffer with native plantings is recommended. 7.2.5 The proposed storage use does not require paving of the site but only the addition of a gravel base. Therefore no significant changes to the groundwater contribution towards the wetland or water table are anticipated. The vegetated buffer will also reduce the chances of any contaminants reaching the creek and wetland through surface runoff. 8. PUBLIC SUBMISSIONS 8.1 James Osborne and Pamela Callus wrote a letter to Council in objection to the proposal and spoke at the public meeting. They believe the property to be an inappropriate location that has high visibility on Courtice Road and is adjacent to sensitive lands for the RV storage use. Concerns related to trespassing and vandalism were also raised as well as concerns for the environment from liquids leaking from vehicles. 8.2 A second letter was received from Mr. and Mrs. Bergman who strongly objected to the trailer storage facility in their neighbourhood. They believe the Municipality should protect them from the gradual and clandestine conversion to non-residential uses occurring in the area. 8.3 Libby Racansky spoke at the public meeting identifying concerns about potential impacts to the Black Creek and the Lake Iroquois Shoreline. She also suggested a vegetated buffer from the provincially significant wetland is required. 8.4 Kerry Meydam also spoke at the public meeting agreeing with the comments provided by Ms. Racansky and suggesting that the high water table in the area could lead to issues of contamination. 8.5 Tom McKee owns the abutting property to the south. He too noted concerns with oil, etc. contaminating the lands. He wanted to have some screening in the form of trees or a board fence. He did not want to see trailers closer to Courtice Road than the garage on his property. 9. AGENCY COMMENTS 9.1 Regional Planning Staff commented that the subject lands are designated "Living Area" in the Regional Official Plan. The proposed recreational vehicle storage is considered an employment use. Employment uses are permitted within the Living Area designation subject to the inclusion of policies in the local official plan. The comments note that land use compatibility with surrounding uses should be addressed as part of the consideration of the application. REPORT NO.: PSD-011-12 PAGE 9 The western portion of the site is within the Black Farewell Provincially Significant Wetland, which is considered a 'Key Natural Heritage and Hydrologic Feature'. An EIS is required to identify the vegetation protection zone and other measures to protect the natural heritage and hydrologic feature. The lands are also within a `High Aquifer Vulnerability Area' identified in the Plan. The proposed use is not considered a high risk to ground water. With respect to delegation of Provincial responsibilities the Region advised that the application is consistent with the PPS as it provides a range of land uses that provide employment opportunities; and the proposal provides a mix of land uses within the Built- up Area, consistent with the policies of the Growth Plan for the Greater Golden Horseshoe. Servicinq The Region advised that there is no municipal sanitary sewer available to the subject lands and no plans in the Region's Capital Budget to extend sanitary sewer at this time. Municipal water is available from the existing 300 mm watermain on Courtice Road. The applicants have applied for and been issued connection applications for the installation of municipal water service on the lands. The Health Department advised they have no objection. Transportation The subject lands front on Courtice Road a Type 'A' arterial road. The applicant will be required to convey sufficient widening to provide for 18 m from the centreline of the original road allowance along the entire frontage. The applicant will be required to consolidate access points. The application is exempt from Regional Approval. 9.2 Staff from the Central Lake Ontario Conservation Authority provided comments on both the applications and the Environmental Impact Study (EIS) prepared in support of the applications. They noted that a Provincially Significant Wetland (PSW), intermittent tributary and woodland are located on the subject property. CLOCA recommended a minimum 30 metre setback be maintained to the edge of the PSW and from tributaries which contribute flow to coolwater systems and salmonid habitat. The EIS report addressed all of the CLOCA staff concerns and they have no objection to approval of the two applications provided that the recommendations of the EIS are implemented and that the natural features on the property together with the setbacks be zoned to prohibit buildings or structures. Should the owners submit a site plan application CLOCA will require a stormwater management report to address surface quality impacts, potential impacts from increased impervious area and concentrated stormwater discharge, and erosion and sediment controls during construction. In addition the applicant will need to provide information regarding what cautionary measures will be put in place to ensure that waste oils, fuels, lubricants, septage residue or other potential contaminants do not make their way to the wetland, groundwater or tributary. REPORT NO.: PSD-011-12 PAGE 10 The lands are subject to Ontario Regulation 42/06, Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses and require written permission from the Authority. 9.3 Neither Hydro One or Enbridge Gas have any concerns with the application as submitted. 10. STAFF COMMENTS 10.1 The two properties owned by the applicant are at the north limits of the Courtice urban area on the west side of Courtice Road. Since the public meeting the proposal has been revised to permit the storage of recreational vehicles only on the lands at 3424 Courtice Road, the more southerly of the two properties. The owners are aware of the Urban Residential Area designation of the front portion of the lands and suggest the RV storage is an interim use until such time as full municipal services are available to the lands. Currently, water is available to the limits of the urban boundary, but sanitary sewer is not. Discussion with Regional Works staff suggest there are no immediate plans to extend said service to these lands. 10.2 The portion of the site that is proposed to be used for the RV storage is a grassed and generally flat area. The environmental impact study (EIS) concluded that there is no significant wildlife on the portion of the site proposed to be used for trailer storage. A 30 metre buffer to the wetland community, seeded with native plantings, was recommended. No significant changes to the groundwater are expected from the proposed use and the recommendation to vegetate the buffer will reduce the risk of any potential contaminants reaching the wetland or creek. 10.3 A number of concerns with the proposal were received from neighbouring land owners. They believed the location to be inappropriate for RV storage due to the high visibility on Courtice Road; lack of compatibility with the residential nature of the area and adjacent environmentally sensitive lands; and potential contamination of the lands from fluids leaking from the RV's. The applicants have attempted to address the issue of compatibility with neighbouring residential uses by amending the application to only the southern property; limiting the storage area to the rear of the existing residential uses; and agreeing to plant some trees and install fencing to help screen the vehicles from Courtice Road and the neighbours. Although the application is not for a temporary rezoning with an expiry date, the intent of any approval for the use would be to allow the use until such time full municipal services are available to this area and application for residential development are considered. From an environmental perspective the EIS provided recommendations for a 30 metre buffer from the storage area to the wetland. In addition, this area is to be seeded with native plantings. The storage is generally of a seasonal nature as a result of the RV's being used in warmer months, and municipal by-laws restricting larger trailers on REPORT NO.: PSD-011-12 PAGE 11 residentially zoned lots. The RVs being stored are typically in working order and any potential for leaking fluids would be minimal. Furthermore the EIS determined that the vegetated 30 m buffer would be sufficient to protect the wetland. 10.4 The Emergency Services Department, the Building Division of the Engineering Department as well as the Engineering Division of the Engineering Services Department and the Operations Department all advised they have no objection to the proposed Official Plan Amendment or rezoning. However, should the principle of the use be approved, they will provide detailed comments and conditions at the time a site plan application is submitted. Engineering Services specifically noted that reports dealing with drainage will be required. 10.5 The storage of recreational vehicles is not a use that is typically found in urban residential areas. It is typically a land extensive use that does not require municipal services. While it may seem to be more appropriate in an Employment Area, it is not a use that would be encouraged there over the longer term. There too, it would need to be viewed as an interim use in light of the need to meet employment densities and make the best use of serviced land. 10.6 The subject lands currently have municipal water however there is no timeframe for the extension of municipal sanitary sewer. Without municipal sanitary sewer, urban residential development cannot occur. The most likely scenario is that a number of property owners on the west side of Courtice Road, north of George Reynolds Drive, will at some point work together to extend the sanitary sewer and realize increased development potential for their land. Extension of services to these lands will only be possible at such time there is sufficient economic return on the land in terms of density. 10.7 Tax payment for the subject property is current. 11. CONCURRENCE - Not applicable 12. CONCLUSION 12.1 Staff support the application for Official Plan Amendment and Zoning By-law Amendment as contained in Attachments 2 and 3 of this report. It is recommended that the site plan agreement acknowledge that the outdoor storage of RV's will cease within 12 months of sanitary sewer services being available to the property. REPORT NO.: PSD-011-12 PAGE 12 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlo Pellarin Attachments: Attachment 1 - Key Map Attachment 2- Official Plan Amendment Attachment 3- Zoning By-law Amendment List of interested parties to be advised of Council's decision: Tim & Sandra Kearns Glenn Genge James Osborne and Pamela Callus Vicki & Roger Bergmann Libby Rackansky Kerry Meydam Tom Mckee Attachment 1 To Report PSD-011-12 L o E Q � Q. O O CO) as Q c a j 3 N c_30 N L >, Q m m CL p O a, Y ' N V 0 E o N ~ °. 9 R c U O d L U) d O CL 0 a) J Q Attachment 2 To Report PSD-011-12 OFFICIAL PLAN AMENDMENT NO. 83 CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to permit an outdoor recreational vehicle storage business at 3424 Courtice Road until such time as sanitary sewer service is extended to service the property. LOCATION: The subject property is within part of Lot 29, Concession 3, former Township of Darlington on the west side of Courtice Road, within the Courtice Urban Area, and municipally known as 3424Courtice Road, Municipality of Clarington. BASIS: The amendment is based on the detailed review of an application, with accompanying Planning Rational Report and Environmental Impact Study submitted by Tim and Sandra Kearns. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding the following exception: "23.14.16 Notwithstanding Section 9.3.4, an outdoor recreational vehicle storage business is permitted on the lands identified by Assessment Roll Number 18-17-010-090- 14800 located in part of Lot 29, Concession 3, former Township of Darlington having a municipal address of 3424 Courtice Road on a temporary basis until such time as sanitary sewer service is available." IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. Attachment 3 To Report P SIJ-011-.12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012- 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 Municipality of Clarington for ZBA 2009-0001 NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 SPECIAL EXCEPTIONS—AGRICULTURAL (A)ZONE" is hereby amended by adding a new Special Exception Zone as follows: "SECTION 6.4.87 AGRICULTRUAL EXCEPTION (A-87)ZONE Notwithstanding Sections 6.1 and 6.3 a., b., c., and d.those lands zoned A-87 on the Schedules to this By-law shall only be used for one single detached dwelling and an outdoor recreational vehicle storage facility, subject to the following special zone regulations: a. Regulations for Non-residential uses: i) Lot Area(minimum) 8000 square metres ii) Lot Frontage (minimum) 50 metres iii) Yard requirements (minimum) a) Front Yard 50 metres b) Interior Side Yard, building 6 metres c) Interior Side Yard, Recreational Vehicle Storage 3 metres d) Rear Yard 3 metres 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" and "Environmental Protection (EP)" to "Holding - Agricultural Exception (A-87) Zone" and "Environmental Protection (EP)" 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 Section 34 of the Planning Act. BY-LAW passed in open session this day of January, 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2012- , passed this day of , 2012 A.D. 0 0 ry U O U ®Zoning to Change from"EP"to"(H)A-87" ® Zoning Change From"A"To"(H)A-87" Zoning Change From"A"To"EP" Zoning to Remain"EP" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk N 's AISEYFIEL VENUE (3 lu/I N:11z'41L I I I I I I I 1 11 COURTICE `s ZBA2009.0001 SCHEDULE 4G