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Home My WebLink AboutPSD-039-12 ®clarington REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: � ' 3 - Report#: PSD-039-12 File#: COPA 2012-0005 AND ZBA 2012-0009 Subject: PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING ON AN EXISTING LOT OF RECORD IN ENNISKILLEN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-039-12 be received; 2. THAT Official Plan Amendment No. 87 as contained in Attachment 3 of PSD-039-12 be adopted and that the accompanying by-law be passed; 3. THAT the application for a Zoning By-law Amendment to permit the construction of a single detached dwelling as contained in Attachment 4 of PSD-039-12 be approved; 4. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-039-12 and Councils' decision; and 5. THAT all interested parties listed in Report PSD-039-12 and any delegations be advised of Council's decision. Submitted by. Reviewed by: Dav W. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MM/CP/df 24 August 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-039-12 Page 2 1. APPLICATION DETAILS 1.1 Applicant: Central Lake Ontario Conservation Authority (CLOCA) 1.2 Owner: Jay Sweet and Kathryn Schoon 1.3 Proposal: To amend the Clarington Official Plan and Zoning By-law 84-63 to permit the construction of a single detached dwelling on an existing lot of record in Enniskillen 1.4 Area: 6.9 ha 1.5 Location: 2160 Regional Road 3, Enniskillen 2. BACKGROUND 2.1 On April 27, 2012, CLOCA submitted applications on behalf of Jay Sweet and Kathryn Schoon proposing to amend the Clarington Official Plan and Zoning By-law 84-63 to permit the construction of a single detached dwelling on an existing lot of record in Enniskillen. The portion of the property where the dwelling is proposed to be located is designated Environmental Protection Area in the Official Plan and zoned Environmental Protection (EP). The construction of a single residential dwelling is not permitted. 2.2 The property owners approached CLOCA about selling a portion of the subject property that is abutting lands that CLOCA already owns in the Enniskillen Valley. The owners wish to sell 4.45 hectares of land to CLOCA, so long as they can get a building permit to construct a dwelling on the remaining 2.42 hectares. (see Attachment 1) CLOCA has agreed to purchase the lands being offered and is representing the property owners as the applicant for the subject applications, seeking to amend the Clarington Official Plan and Zoning By-law 84-63 to permit the construction of a dwelling on the proposed retained lands. 2.3 A Scoped Hydrogeological Assessment has been completed by CLOCA and was submitted with the application. This study is required by the policies of the Clarington Official Plan for development applications proposed within or adjacent to identified Natural Heritage Features. The scope of the study and findings are detailed later in this report. A Planning Justification Report was also submitted with the applications. 2.4 A public meeting for the proposed Official Plan amendment and rezoning was held on June 25, 2012. No one appeared in opposition to the applications and no concerns were raised by the general public. Comments from the Region of Durham Planning and Works Departments were outstanding at the time the public meeting report was written, and Committee and Council approved a recommendation for Staff to continue to process both applications. All outstanding comments have now been received. REPORT NO.: PSD-039-12 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is vacant land, used previously as pasture. A lane, subject to easement, used to access three residential properties to the south and west passes over the subject property. This same lane is used to access the subject property. During a site visit, staff observed some cars being stored on the property. The applicant has indicated that the cars will be removed. 3.2 The subject property is located in the Enniskillen Valley amongst 590 ha of land owned by CLOCA. An unopened road allowance runs up the west side of the property however CLOCA owns the lands to the west of the road allowance and the lands north and east of the subject property. 3.3 The surrounding uses are as follows: North - Enniskillen Valleylands owned by CLOCA South - Rural residential properties East - Enniskillen Valley Lands owned by CLOCA West - Unopened road allowance and Enniskillen Valley Lands owned by CLOCA 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The 2005 Provincial Policy Statement (PPS) states that land must be carefully managed to promote efficient land use and development patterns which support strong, liveable and healthy communities, protect the environment and facilitate economic growth. The PPS directs residential development to settlement areas. Development may occur within significant valleyland, such as the Enniskillen Valley, if it can be demonstrated that the proposed development will not negatively impact the feature or its function. A Hydrogeological Study has been completed to support this proposal and it has been determined that there would be no negative impact on the significant valleylands if a dwelling were constructed on a portion of the property. This property is an existing lot of record within the hamlet of Enniskillen and the proposal will not result in the creation of a new lot, since the proposed severed lands will meld with CLOCA's adjacent lands. The proposal is consistent with the PPS. 4.2 Greenbelt Plan The subject property is located in the Protected Countryside and partially within the Hamlet of Enniskillen in the Greenbelt Plan Area. The proposed area to be re- designated and rezoned is located within the hamlet boundary. Hamlets are governed by municipal official plans and are not subject to the policies of the Greenbelt Plan. All of the subject lands that are within the Protected Countryside and a portion of the lands within the hamlet are to be sold to CLOCA following approval of the proposed amendments to permit a single detached dwelling. The subject applications are consistent with the policies of the Greenbelt Plan. REPORT NO.: PSD-039-12 PAGE 4 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject property Hamlet and Major Open Space. The proposed building envelope is located within the Hamlet portion of the property. Single detached dwellings are to be the predominant land use in hamlets, according to the Official Plan. The proposal to rezone a portion of the subject property to permit the construction of a single detached dwelling conforms with the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the property Hamlet Residential and Environmental Protection Area. The proposed building envelope is located on a portion of the property within the Environmental Protection Area designation. A Clarington Official Plan Amendment is required in order to allow the construction of a single detached dwelling in the proposed location on the property. The intent of this application is not to re-designate the subject lands but rather insert an exception policy to permit a dwelling within the proposed building envelope. The property is entirely within the Significant Valleylands component of the Natural Heritage System in the Clarington Official Plan. Therefore, an appropriate study is required in order to determine the suitability of the proposal for the subject property and the potential impact on the identified feature. A Scoped Hydrogeological Assessment has been completed in support of the applications. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A), Residential Hamlet Exception (RH-3) and Environmental Protection (EP). A dwelling is permitted in either the "A" zone or the "RH-3" zone but not in the "EP" zone. The proposed building envelope is located on a portion of the property zoned EP and therefore a Zoning By- law Amendment is required. A Zoning By-law Amendment must conform to the Official Plan and since the proposed building envelope is located on lands designated Environmental Protection Area, the Zoning By-law cannot be amended without also amending the Official Plan. 7. SUMMARY OF BACKGROUND STUDIES 7.1 A Scoped Hydrogeological Assessment has been completed and submitted in support of the applications. This study has identified that the proposed building envelope is located in the vicinity of areas of significant groundwater discharge that support important hydrologic functions. The Scoped Hydrogeological Assessment was completed to ensure that the proposed development will not impact groundwater resources and ecosystem functions. This study provides a description of site conditions including surficial and subsurface soil conditions, groundwater flow conditions and vulnerability, recharge and discharge. An assessment of potential impacts associated with the development has also been completed. The study found that no impact to the REPORT NO.: PSD-039-12 PAGE 5 shallow or deeper aquifer systems is expected to result from the proposed development. The area slated for the construction of the house is underlain by a till unit that has limited recharge properties and the private water supply well is finished in the deeper less vulnerable aquifer system. No impacts to surface water features in the area are anticipated. 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject properties and a public meeting notice was installed on the site. As of the writing of this report, no comments or concerns from neighbouring land owners have been received. One nearby resident called seeking clarification on the application but stated no concerns. 9. AGENCY COMMENTS 9.1 The Central Lake Ontario Conservation Authority have commented that they have no objection to the approval of these applications. 9.2 The Region of Durham Health Department have commented that they have no objection to the approval of these applications. They note that the proposed forthcoming severance must conform with the Region's Drilled Wells and Lot Sizing Policies. 9.3 The Region of Durham Planning Department has commented that this proposal conforms with the Region of Durham Official Plan and that, in their opinion, the proposal is consistent with all applicable Provincial Policy. The Official Plan amendment is exempt from Regional Approval. The Planning Justification Report, authored and submitted by CLOCA, was reviewed by the Kawartha Region Conservation Authority, who expressed no concerns to the Region regarding the report. 9.4 The Region of Durham Works Department has commented that no Regional Road widening is required. 9.5 The Region of Durham does not have any significant Regional concerns with these applications. 10. DEPARTMENTAL COMMENTS 10.1 Engineering Services have advised they have no objection in principal to the application, but wish to review a grading plan for the proposed lot prior to issuance of a building permit. 10.2 The Emergency Services Department have no objection to the application, but recommend the driveway be constructed to carry the weight of a fire truck. REPORT NO.: PSD-039-12 PAGE 6 11. DISCUSSION 11.1 The owner of the subject lands wishes to construct a dwelling within the proposed building envelope. At the same time, CLOCA wishes to purchase the lands being offered to them to add to the Enniskillen Conservation Area, reducing the length of edge lands around their holdings. If successful, the approval of this application will benefit the current land owner, CLOCA and the residents of Clarington who will benefit from CLOCA's endeavours to acquire lands in the Enniskillen Valley. CLOCA's goal is to protect these significant valleylands that are the headwaters of the Bowmanville Creek. 11.2 The subject lands were designated Environmental Protection Area as a result of the steep slopes associated with the Enniskillen Valley. There are no woodlands or other natural heritage features in the proposed building envelope. Through the proposal a small area of land, in the valley, that could be made suitable for a residence was identified. It still requires a steep and long driveway up the hill between the existing residences. The access to Regional Road 3 would continue to be shared with other residences. 11.3 The subject proposal does not result in an additional lot since the lands to be conveyed would be melded with CLOCA's land holdings. The proposed applications are consistent with all Provincial and Regional Policy, and should have no negative impact on surrounding lands or the valley system. 11.4 In addition, taxes for the subject property are paid in full. 12. CONCURRENCE — Not Applicable 13. CONCLUSION 13.1 In consideration of the comments contained in the report, Staff recommends that the application for Official Plan amendment and Zoning By-law amendment as contained in Attachments 3 and 4 respectively be approved. 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: Mitch Morawetz, Planner REPORT NO.: PSD-039-12 PAGE 7 Attachments: Attachment 1 - Key Map Attachment 2 - Subject Property and CLOCA Lands Attachment 3 - Official Plan Amendment and Adopting By-law Attachment 4 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Central Lake Ontario Conservation Jay Sweet Attachment 1 To Report PSD-039-12 x {a) 0 -C7 ® °r' kegs E .,f raj€ .a+ G C V 2 �4'Y{3`lY2J{ � F E �V `per C i.� ffigt� � a Q1 cif CD C ® V E C� RS _ s J Q � ® `~ E � .� C �a Y€ , C✓ ire �/� /� G O `eg, + FZEI � .� ® ® L s r,� c��✓g,3,h k '�e"v 8'k ? •�i �W a) CL r�' 4 N 0 U kk Fq 33#k ?4�''ay�Zi \V �l g �us��r., �,s v v{`, �kifk kk;J��?�µs fk��vr� �, ')�y� � 1f�E � u r'� �:_?�a�f � ✓3s €.��'�'+ x z ,: � z � ra3 `�'s�r��, c��2rF3.�F,��3��'y� U � � �g 3�Y✓��.a��.��`' ��s� �a £ 4 `5 '�'$�1=y,�1£��z`l"'Ct l{�✓�e£\.,Y'3 P€� 'F`0 41 � � ��S{j�3J ?��l F�� . <`�'`i!\�T ,�+rr'�✓�:€ fx£ ✓;;:w` ,'�r,'�.J.1 � K O F 4 �5�: ,v', M OUSE r" Rg "d= rzg ";4�Fry.6 3li 4 c M �tk o W •c: ;w• 'G• I •�O� i `f5 C Q i C J Rf ..a J O DONVMOIIV ad02l 03NAdONn ; m r9 '; •s r' �. � T 4 �. q t`"*4w a:r��'t SF=43 +z t �y c��*.,\a� ',g�,+„✓,5gj'sx� '':i;, Q� 4 ,f.*`�.r ✓ y� e:': 3 z :, E2,s;`Y 31 \ 1;sf ,t f Xs.z;�� 4 Yom.;{r "{ P r "✓ cl'"',. �K k/ a\ �' 1t�;�� f :� ut�� r�✓�n,� � as k �.�4��,�-, � 'CS at Est {'� s;s 3a fi+��6 ,€s4Sik.��Z�ET ��'�Rfi :"�F J=�43'�+ ff�.s��.3 �g tff �'. �3 k�,� '' �'r J! ,.as��}p11 ��'� T'i'�✓3,,:.,: I ��.nz`�g�\ ��. z'' r�ty k �'•;'€� 'v +�,f to S`3 s �.y,\"ca g'fn f �s3�'�;kF 4KS �ri�r 1�,��r�3�s! ti'�'''� T !s f w�Z g �'�r O O '.. 1;, az t €s tlt s"x €3 Y� � x�:€.` c f< 3 > ,fk r (f .<✓"k : z' e: g. 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Attachment 2 To Report PSD-039-12 Q W [r Un LO M QOoo }1 i ytJ� a 3: WF- O ® AOW ' 0 w O O - CO � N CO UL 0- J w -Ilk i Y • v ' ..y ice® '�' "� `1 !� �4 ,. 4°� A�•'` \��*P:f r 'r _ o Y '$� �-• °�. � �\ }.•� r + rd�id. mod•�zz W O V. r CO 'L +i J Q � y F a 1�. Attachment 3 To Report PSD-039-12 AMENDMENT NO. 87 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit a single detached dwelling on the subject property, municipally known as 2160 Regional Road 3, within the Enniskillen Hamlet. BASIS: This amendment is based on an application submitted by the Central Lake Ontario Conservation Authority of behalf of Jay Sweet and Kathryn Schoon to permit the establishment of a single detached dwelling within the Environmental Protection Area designation. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding a new policy to Section 23.14 as follows: Notwithstanding any other provision of this Plan, a hamlet residential use may be permitted on lands designated Environmental Protection Area on lands in Part Lot 20, Concession 8, former Township of Darlington having a municipal address of 2160 Regional Road 3, Enniskillen. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012- being a By-law to adopt Amendment No. 87 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the construction of a single detached dwelling on an existing lot of record in the hamlet of Enniskillen; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 87 to the,Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW passed in open session this_day of 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk Attachment 4 To Report PSD-039-12 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 2012-0009; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP) Zone" to "Residential Hamlet (RH) 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 Sections 24 (2)and 34 of the Planning Act. BY-LAW passed in open session this day of , 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk s This is Schedule "A" to By-law 2012- , passed this day of , 2012 A.D. > >J a»jJ��J�JJJ� 37>3JJ J,J�;J>'JJJJ�J>J�'�JJJ�>JJ�J,J»'JJJJ >J»J'�,>�JJ,>aJJ J»>J,J>JJ,JaJJ J»J a>aiJ'JS� >> JJ •,>J J JJ N REGIONAL ROAD 3 ® Zoning Change From"EP"To"RH" ® Zoning To Remain"A" a ' Zoning To Remain"EP" Zoning To Remain"RH-3" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk Salter CI ourt i a o m ' G! m 0 U O N Regional Rd 3 Regional Rd'3 Darlington ZBA 2012-0009 SCHEDULEIE