HomeMy WebLinkAboutPSD-039-12 Addendum UNFINISHED BUSINESS
ciffingoin REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 12, 2012 Resolution#: By-law#:
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Addendum to
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 Addendum to 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 Addendum to Report PSD-039-12 and Councils'
decision; and
5. THAT all interested parties listed in the Addendum to Report PSD-039-12 and any
delegations be advised of Council's decision.
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Submitted by: ° Reviewed by: - -
Davi . Crome, MCIP, RPP ranklin Wu,
Director of Planning Services Chief Administrative Officer
MM/CP/df
6 November 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
ADDENDUM TO REPORT NO.: PSD-039-12 Page 2
1. BACKGROUND
1.1 On April 27, 2012, CLOCA submitted applications on behalf of Jay Sweet and Kathryn
Schoon 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.
1.2 The Statutory Public Meeting was held on June 25, 2012. It was recommended by
Council that the application continue to be processed including the preparation of a
recommendation report.
1.3 A recommendation report for the proposed Official Plan amendment and rezoning was
prepared and placed on the agenda for the September 10, 2012 General Purpose and
Administration Committee meeting. Prior to the meeting, the applicant requested that
the Committee table the application for unspecified reasons and for an undetermined
period of time.
2. DISCUSSION
2.1 As discussed in the preceding recommendation report, the subject lands were part of a
larger area 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 and detailed review
of the site, a small area of land suitable for a dwelling was identified. This area is
located on a plateau, as shown in Photograph 1 (next page). The proposed building
envelope is located approximately where the vehicles are seen parked towards the right
hand side of the photograph.
2.2 The subject property is vacant land, used previously as pasture. As the property is
located towards the bottom of the valley, the topography is less rugged compared to
land near the edges of the valley. All the circulated agencies supported the proposal
with no concerns regarding the suitability of this site for the construction of a dwelling.
2.3 The property has existing rights for a residential dwelling on the portion of the property
that is zoned "Agricultural (A)" along the west boundary.
2.4 The attached map (Attachment 1) provides more detail on the topography and zoning of
the subject site. It is provided to assist the Committee in the review of the application.
ADDENDUM TO REPORT NO.: PSD-039-12 Page 3
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ADDENDUM TO REPORT NO.: PSD-039-12 Page 4
3. CONCURRENCE — Not Applicable
4. CONCLUSION
4.1 Staff recommends that the application for Official Plan amendment and Zoning By-law
amendment as contained in PSD-039-12, 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 I
Attachments:
Attachment 1 - Map of Subject Land
Attachment 2 — Copy of Report PSD-039-12
List of interested parties to be advised of Council's decision:
Central Lake Ontario Conservation
Jay Sweet
Attachment 1
To Addendum To Report PSD-039-12
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Building Envelope 1:2,100 /�`,
Contour(11
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Assessment Parcels Proposed Severance Contour(5m)
Attachment 2
To Addendum To Report PSD-039-12
ciffb9mil REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date: September 10, 2012 Resolution#: �`(��- .�� By-law#:
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.
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Submitted by: Reviewed by:
Davi . 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
I
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.
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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
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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.
9A 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 I
I
REPORT NO.: PSD-039-12 PAGE 7
Attachments:
Attachment I - 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
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Attachment 1
To Report PSD-039-12
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To Report PSD-039-12
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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.
I
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
3
This is Schedule "A" to Bylaw 2012- ,
passed this day of , 2012 A.D.
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a Zoning To Remain"EP"
Zoning To Remain"RH-3"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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