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Home My WebLink AboutPSD-113-03 ... CJ. U L~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE "l:liL\" 7-8F'\.;1003.o-o5 G~-37~-03 Monday, September 22, 2003 Date: Report #: PSD-113-03 File #: ZBA 2003-035 By-law #: .;)00 "!> - Nt;. Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL TO PERMIT CONSTRUCTION OF ONE SINGLE DETACHED DWELLING Part Lot 9, Concession 4, former Township of Clarke RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-113-03 be received; 2. THAT the application submitted by James and Maria Berard to remove the "Holding (H)" symbol be APPROVED and that the attached By-law to remove the "Holding (H)" symbol be passed; and 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by: O~~ avd . Crome, M.C.I.P. R.P.P. Direc or, Planning Services Franklin Wu Chief Administrative Officer JF*CS*L T*df 17 September 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 699lJ02 " , . REPORT NO.: PSD-113.Q3 PAGE 2 1.0 APPLICATION DETAILS 1.4 Location: James and Maria Berard same as above Removal of the "Holding (H)" symbol from the portion of the lot zoned "Environmental Protection Exception ((H) EP-12)" to "Environmental Protection Exception (EP-12)" to permit the construction of one single detached dwelling, West side of Regional Road 18, north of Highway 2 being in Part Lot 9, Concession 4, former Township of Clarke (Attachment 1). 1.1 Applicant: 1.2 Owner: 1.3 Rezoning: 2.0 BACKGROUND 2.1 On July 29, 2003, Staff received an application from James and Maria Berard for the removal of the holding symbol from the northeast portion of the property zoned "Holding-Environmental Protection Exception ((H)EP-12)". The remainder of the property would continue to be zoned "Environmental Protection (EP). "The removal of holding would permit the erection of a single detached dwelling at the northeast corner of the property (Attachment 1). 2.2 In 1998, applications for a Clarington Official Plan Amendment and rezoning were submitted, to permit the construction of single detached dwellings, and accessory structures on two existing lots or record. The lots are located in the Lake Iroquois Beach and the Graham Creek Headwaters Wetland Complex, a provincially significant wetland. The lands were designated and zoned in consideration of their environmental sensitivity and did not permit dwellings or accessory structures. 2.3 An Environmental Impact Study (EIS) was prepared to support the Official Plan Amendment application in accordance with Section 4.3.8 of the Clarington Official Plan. The EIS recommended that the building envelopes be restricted in size to 50 metres width and 100 metres in depth. The building envelopes were to be located in the north-east and south-east corners of each lot, maximizing the remaining vegetated open space. Additional plantings were also required. Filling portions of the building envelope was recommended after removing the organic soils. 2.4 The Ganaraska Region Conservation had no objections and recommended that the building envelope be zoned with a Holding symbol which would be only removed at such time that the mitigation measures contained in the EIS have 6990n3 ~ REPORT NO.: PSD-113.Q3 PAGE 3 been completed to the satisfaction of the Authority. In 1999, the amendments to the Clarington Official Plan and Zoning By-law were approved. 3.0 STAFF COMMENTS 3.1 The applicants recently purchased the northern most property conditional on the availability of a building permit for a single detached dwelling. They subsequently applied for their building permit and removal of the holding symbol. The application was circulated to the Ganaraska Region Conservation Authority for review as required through the original rezoning application. On September 3rd, 2003, the GRCA indicated the recommendations of the EIS have been met and the GRCA has no objections to the removal of the holding symbol and issuance of the building permit. 3.2 The erection of a residential dwelling in an "Environmental Protection Exception (EP-12)" zone is subject to the regulations of Section 9.2 of Zoning By-law 84-63. The proposed location of the dwelling complies with the provisions of Section 9,2 of the By-law. 3.3 It is noted that pursuant to Section 36 of the Planning act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application, and accordingly, shall be deemed final and binding should Council grant approval of same. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Zoning By-law Amendment for the Removal of the Holding (H) Symbol Interested parties to be notified of Council's decision: James and Maria Berard 16 Doncaster Crescent Newcastle, ON L 1 B 1 E8 699004 ". Lot 9 Concession 4 ~ OE I"lN . 1O O. NlO 10m ~ z N73'31'OO-E 419.502m m Zoning Change From "(H)EP-12" To "EP-12" ~ Zoning To Remain "EP" Clarke Key Map I ~ n I rl .JIA I ~ EO NP 1O0 '0 1O. 0l1O ~ Z ZBA 2003-035 Zoning By-law Amendment " <'i '" ~ ~ ;:; '" < w U ---, Owner: James/Maria Berard III III III '" I II ,.--- 699W!5 J ATTACHMENT 1 co .... 'tJ llS & E llS .c .. :::::l C , . CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-__ 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 2003-035; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-Environmental Protection Exception ((H)EP-12) Zone" to "Environmental Protection Exception (EP-12) Zone" 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 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 699:) :1 I )0 ATTACHMENT 2 ; This is Schedule "A" to By-law 2003- , passed this day of ,2003 A.D. Lot 9 Concession 4 ~ OE "'''' '0<0 ",' !o~ ~ z N73"3,'OO.E 420.075m 320.075m ~ Part 11, R.D. Plan 4 ;; EO "'::> <00 E '0 <0. '" en <0 <0 ~ .,; z co ... "C '" o 0:: E '" ~ ... ::l C N73'31'OO.E 419.502m IiIl Zoning Change From "(H)EP-12" To "EP-12" ~ Zoning To Remain "EP" John Mutton, Moyor Patti L. Barrie, Municipal Clerk a) II II Ir- ~ II II II ,,- J o <( o '" --, Clarke II III II III , I 6 9 9 :FJ 7