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HomeMy WebLinkAboutPSD-074-05 CI~mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 20, 2005 o II: a/II c2Yf-IJD By-law #:cXtJO';)- 13f) Report #: PSD-074-05 File #: PLN 8.8 Subject: SITE PLAN CONTROL BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-074-05 be received; 2. THAT the Revised Site Plan Control By-law contained in Attachment 1 be forwarded to Council for approval; 3. THAT the Minister of Municipal Affairs be requested to modify Amendment No. 33 of the Clarington Official Plan, the Oak Ridges Moraine Conformity amendment, to make revisions to Section 23.8, Site Plan Control as contained in Attachment 2; 4. THAT a copy of Report PSD-074-05 and the attached By-law be forwarded to the Durham Region Works Department, Central Lake Ontario Conservation, Ganaraska Region Conservation Authority, Kawartha Conservation Authority and the Otonabee Region Conservation Authority; and, 5. THAT all interested parties listed in this report and any delegation be advised of Council's deci . d. "'-a', 0 Q ~ \"7 Reviewed by: .:.., ~ l.1.- Franklin Wu, Chief Administrative Officer Submitted by: avi . Crome, M.C.I.P., RP.P. Direc or of Planning Services SAlCPIDJC/sh/df/lw 15 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-074-05 PAGE 2 1.0 BACKGROUND 1.1 With the introduction of the Oak Ridges Moraine Conservation Plan (ORMCP), the Municipality of Clarington has been required to implement amendments to both the Clarington Official Plan and the Municipality's Zoning By-law to conform with the ORMCP requirements. 1.2 To implement the ORMCP and Amendment No. 33 to the Clarington Official Plan, an environmental impact study (EIS) must be prepared for development occurring within the 120 metre limit of a natural or hydrologic feature. The Zoning By-law approved by Council on June 6, 2005 zones lands within the first 30 metres of a natural heritage feature and/or hydrologically sensitive feature "Environmental Protection (EP)". The remaining 90 metre area of influence is subject to an Environmental Holding (H) Symbol. To develop land within the Environmental Holding (H) symbol an EIS is required. To implement the findings of an EIS, the Municipality will require the owner to enter into a site plan agreement with the Municipality. The purpose of this report is to recommend the actions required by the Municipality to implement a more encompassing site plan control by-law on the Oak Ridges Moraine. 1.3 Section 41 (2) of the Planning Act states that where in an official plan an area is described as a site plan control area the Council of the local municipality may designate the whole or part of such area as a site plan control area. The Municipality of Clarington has previously enacted By-law 90-130 to establish the entire Municipality as a site plan control area and to delegate Council's site plan approval powers to the Director of Planning Services and the Director of Engineering Services. 2.0 SITE PLAN CONTROL ON THE OAK RIDGES MORAINE 2.1 To implement the Zoning By-law for the Oak Ridges Moraine, Staff are proposing that for all vacant lots in the Environmental Protection Exception (EP-1) Zone, Natural Core Exception (NC-1) Zone and/or any area depicted by the Environmental Holding Symbol, a site plan agreement shall be required for the implementation of all recommendations of an Environmental Impact Study that is required prior to any development or redevelopment of a property occurs. 2.2 A site plan agreement contains drawings and provisions that in the case of the Oak Ridges Moraine may include items such as the following: . The location of buildings or structures relative to natural features; . Specifications for the type and number of vegetative plantings required and their location on a lot; . Illumination specifications and/or restrictions; and . Grading. REPORT NO.: PSD-074-05 PAGE 3 2.3 Changes are required to the current site plan control by-law to implement this requirement. It is recommended that the current site plan control by-law be repealed in its entirety and replaced with a new by-law. The existing site plan control by-law is from 1990; as such, it contains wording reflective of the previous Town of Newcastle Official Plan, and the Planning Act, S.O. 1983. The site plan control by-law attached to this report (Attachment 1) implements both the ORMCP and OPA No. 33, incorporates current references to the Planning Act, RS.O. 1990, and accurately reflects the wording of the site plan policies contained in the Clarington Official Plan. 2.4 To provide for this additional level of site plan control, it is also necessary to amend the Clarington Official Plan dealing with site plan approval. It is recommended that this be done by modifying Clarington Official Plan Amendment No. 33 which is currently before the Minister of Municipal Affairs and Housing for approval as the Municipality's conformity amendment. The modification addresses the use of a site plan control when approving the development within or on land adjacent (120 metres) to a natural heritage or hydrologic feature. 2.5 There is no requirement for public notice for the passing of a site plan control by-law contained in the Planning Act. Thus, the by-law attached to this report may be approved directly by Council. 3.0 RECOMMENDATION 3.1 Based on the comments contained in this report, it is respectfully recommended that this report and the attached site plan control by-law be passed and that the Minister of Municipal Affairs modify Official Plan Amendment No. 33 as contained in Attachment 2. Glossary: EIS ORMCP OPA Environmental Impact Study Oak Ridges Moraine Conservation Plan Official Plan Amendment Attachments: Attachment 1 Attachment 2 - Site Plan Control By-law - Modification to Amendment No. 33 ATTACHMENT 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to repeal By-law 90-130, and replace it with a By-law to designate the Municipality of Clarington as a site plan control area, to define classes of development that may be undertaken without the approval of certain plans and drawings, and to delegate the approval authority to the Director of Planning Services and the Director of Engineering Services WHEREAS, the Council of the Corporation of the Municipality of Clarlngton deems it advisable to repeal By-law 90-130. of the Corporation of the former Town of Newcastle and re-enact a by-law with respect to site plan control in the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows; 1. By-law 90-130 is hereby repealed. 2. All lands located within the corporate limits of the Municipality of Clarington are hereby designated as a site plan control area pursuantlo Section 41 (2) of the Planning Act R.S.O. 1990. as amended. 3. The followin9 are hereby defined as classes of development that may be undertaken without the approval of plans and drawings otherwise required under Section 41(4) and (5) of the Planning Act R.S.O. 1990. as amended; a) any building or structure owned or operated by the Municipality, the Re9ion of Durham, a Conservation Authority, the Government of Ontario or Canada; b) any structure erected for the purpose of flood or erosion control; c) any agricultural building or structure; d) any temporary structure as defined by the Ontario Building Code; e) a residential building containin9 less that three (3) dwelling units; f) alterations to buildin9s or structures which do not alter the nature of the existing use; g) aggregate extraction activities which do not include permanent buildings or structures; and h) any expansion or enlargement of a building or structure that is less than 20 square metres or less than 10% of the total floor area of the building. whichever is less. 4. Notwithstanding Subsection 3 above. in the Oak Ridges Moraine Area the approval of plans and drawin9s is required under Section 41 (4) and (5) of the Planning Act R.S.O. 1 990. as amended, for the following: a) any agricultural building or structure and any residential building or accessory structure in any "Environmental Protection (EP) Zone", the "Natural Linkage Exception (NL-1) Zone" and any area subject to the Environmental Holding Symbol in the Municipality's Zoning By-law with the exception that a one time expansion of any building and structure existing as of November 15, 2001 shall not require such approval and, provided: i) the expansion does not exceed 50% of the gross floor area of the existing building or structure; ii) in the case of a principal building, it does not exceed 50 m2;and iil) in the case of an anyone or all accessory buildings and structures it does not exceed 20 m2 in total. 5. For the purpose of this By-law. Oak Ridges Moraine Area shall mean the portion of the Municipality of Clarington within the Oak Ridges Moraine Boundary established by Ontario Regulation 01/02 or its successor. 6. Pursuant to Section 41 (13)(b) of the Act, the powers and authority of the Council of the Municipality of Clarington under Section 41 of the Act, except the authority to define any class or classes of development as mentioned in Section 41 (13)(a) are hereby delegated to the Director of Plannin9 SeNices and the Director of Engineering SeNices of the Municipality of Clarington. 7. The Mayor and Clerk of the Municipality of Clarington are hereby authorized to execute any agreement with the Municipality dealing with ensurin9 the provision of any or all of the facilities, works or matters referred to in Section 41 (7)(a) and the maintenance thereof referred to in Section 41(7)(b). or with the provision and approval of the plans and drawings pursuant to Section 41(4) of the Planning Act. as may be required to be made by the owner of the land with the Municipality as a condition of the approval of the plans and drawings referred to in Section 41(4) of the Planning Act R.S.O. 1990. as amended. 8. This By-law shall come into full force and effect on the date of the passing hereof. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Clerk ATTACHMENT 2 PROPOSED MODIFICATION TO OFFICIAL PLAN AMENDMENT 33 Add the following to the end of Section 23.8.1 Notwithstanding the above, agricultural buildings or structures and residential buildings containing less than 3 dwelling units may be subject to site plan control for the purposes of implementing requirements from an environmental impact study, a natural heritage evaluation or a hydrological evaluation.