HomeMy WebLinkAboutPSD-119-02
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REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
PSD-119-02
])It{ Gfll-t/13-o;L
ZBA 2000-004 & LD 050/2002 By-law #:
Monday, November 18, 2002
Report #:
File#:
Subject:
REZONING AND LAND DIVISION COMMITTEE APPLICATIONS
APPLICANT: LOUISE AND ROBERT MARTIN
PART LOT 14, CONCESSION 8, FORMER TOWNSHIP OF DARLINGTON
15 MAPLE STREET, HAYDON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-119-02 be received;
2. THAT the Ontario Municipal Board be requested to deny the application for amendment to
Zoning By-law 84-63 and Land Division Committee Application LD 050/2002, submitted by
Louise and Robert Martin, to permit the development of a detached dwelling on the subject
property;
3, THAT the Solicitor and Staff be authorized to appear before the Ontario Municipal Board in
support of Recommendation 2;
4, THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department and the Ontario Municipal Board; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
~
Submitted b~
a , ,C.I.P., .P,P.
Director of Planning Services
Reviewed by(l ~~ ,
ranklin Wu,
Chief Administrative Officer
BR*L T*DJC*sh
November 13,2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
650
REPORT NO.: PSD-119-02
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner/Applicant: Louise and Robert Martin
1.2 Rezoning: from "Environmental Protection (EP)" to an appropriate zone(s) to
permit a single detached dwelling unit
1.3 Land Division Committee Application:
Severance to permit development of a single detached dwelling unit
1.4 Area:
1.5 hectares (3.71 acres) for entire property
Proposed Severed Lot: 1.1 hectares (2.71 acres) approximately
Proposed Retained Lot: 0.4 hectares (0.99 acres) approximately
1.5 Location:
The area subject to the proposal (see Attachment 1) is located in the
Hamlet of Haydon, west of Bowmanville Creek and on the east side
of Maple Street. The municipal street address is 15 Maple Street,
Haydon. The more formal location description is Part Lot 14,
Concession 8, former Township of Darlington.
2.0 BACKGROUND
2.1 In 1999 Mr. and Mrs. Martin initiated discussions with Municipality and Conservation
Authority staff to investigate the possibility of severing a lot from their property. Staff at
the time expressed concern there appeared to be insufficient tableland above the top-of-
bank of the creek valley to permit the construction of a new dwelling. This was of
particular importance given the minimum five metre setback required from the top-of-
bank of the creek valley. The Conservation Authority suggested that prior to proceeding
with any applications, the Martins should provide a survey to establish the top-of bank to
help all parties determine whether there is any merit in proceeding further.
2.2 On January 31, 2000, the Planning and Development Department received an
application to amend Zoning By-law 84-63 in order to permit the development of a single
detached dwelling in an area that is zoned "Environmental Protection (EP)".
651
REPORT NO.: PSD-119-02
PAGE 3
2.3 The public meeting for the rezoning application was held on March 20, 2000. No one
spoke in objection to/with concern for the rezoning. A neighbour spoke in support of the
rezoning on the basis that the property is not suitable for agricultural purposes. One of
the owner/applicants, Mr. Robert Martin circulated photos of his property and indicated
the area being rezoned is located outside of the valley lands. He also noted that in the
mid 1980's, a rezoning application was approved for the lands immediately to the north.
He advised that, even though there is a possibility that his request may be denied, he
wanted to proceed with the processing of the application and will attempt to meet the
requirements of the Municipality.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is within or adjacent to the Bowmanville Creek Valley (East
Branch). A large majority of the subject property area and the proposed lot area are
west of Bowmanville Creek. There is some forest cover through this creek valley. The
site of the proposed retained lot is vacant. A single detached dwelling built in 1880
exists on what would be the severed lot at the southern corner of the subject property.
3.2 The surrounding land uses are as follows:
North: Hamlet Residential
South: Hamlet Residential
East: Bowmanville Creek
West: Hamlet Residential
4.0 OFFICIAL PLAN CONFORMITY
4.1 The subject property is located in Haydon, a designated hamlet in the Durham Regional
Official Plan. The Durham Plan provides that hamlets shall be the prominent location
for settlements in the rural area. The Durham plan permits residential infilling in hamlets
provided the proposed lot will support a private well and waste disposal system, and
provided the lot is not adversely impacted by any physical or environmental constraints.
The Bowmanville valley lands are identified as being an environmentally sensitive area.
The proposed rezoning application does not conform to the policies of the Durham
Regional Official Plan.
652
REPORT NO.: PSD-119-02
PAGE 4
4.2 The Clarington Official Plan designates the majority of the property Environmental
Protection Area with a small portion designated Hamlet Residential land at the southern
and northwestern corners of the property. An Environmental Impact Study is to be
undertaken for development applications located within or adjacent to any natural
features identified on the Official Plan's Natural Features and Land Characteristics Map.
The Official Plan stipulates, in no case can a building setback be less than 5 metres in
width. In the case of new plans of subdivision or consent applications, lot lines shall not
extend beyond the established setback. The proposed rezoning application does not
conform.
5.0 ZONING BY-LAW COMPLIANCE
5.1 Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, zones most of
the subject property "Environmental Protection (EP)" with the exception of a sliver of
land at the southern corner of the subject property, the site of the existing dwelling.
The entire northwestern corner of the subject property is zoned "Environmental
Protection (EP)", being the area of the proposed lot, hence, the need for the rezoning
application.
6.0 AGENCY COMMENTS
6.1 The rezoning application was circulated to various agencies/other departments. The
following indicated no concerns: Hydro One Networks Inc., and Emergency and Fire
Services Department. Other comments received to date are as follows.
6.2 The Clarington Engineering Services Department stated the need for a Lot Grading
Plan prior to the clearance of the severance application if the rezoning application is
approved. This plan must demonstrate that construction of the dwelling is viable. The
applicant must provide a grading and drainage performance guarantee as well as make
application for property access from Maple Street and pay all costs associated with this
access. The applicant must also make an appropriate cash contribution in lieu of
parkland dedication.
653
REPORT NO.: PSD-119-02
PAGE 5
6.3 The Region of Durham Planning Department noted the purpose of the application is to
rezone a portion of the subject lands to permit a single family detached dwelling on a
proposed lot. The rezoning application specifically proposes to change the zoning to a
Residential Hamlet zone in order to allow for the creation of this lot.
The Region of Durham Land Division Committee considered and refused the applicant's
proposed severance application on June 10,2002. The decision of the Land Division
Committee was appealed to the Ontario Municipal Board by Louise and Robert Martin
on June 18, 2002.
The subject property is located in Haydon, a designated hamlet in the Durham Regional
Official Plan. The Durham Plan provides that hamlets shall be the prominent location
for settlements in the rural area. The Durham Plan permits residential infilling in
Hamlets provided the proposed lot will support a private well and waste disposal system
and provided that the lot is not adversely impacted by any physical or environmental
constraints. In addition, the proposed use must comply with the requirements of the
local zoning by-law. The proposed rezoning application does not conform to the
policies of the Durham Regional Official Plan.
Municipal services are not available to the subject site and there are no plans to extend
municipal services to this area of the Municipality. Therefore, servicing for the proposed
dwelling must be provided through private services.
The application has also been screened in accordance with the terms of the provincial
plan review responsibilities.
Bowmanville Creek spans the entire length of the subject lands and a significant portion
of the subject land contains an environmentally sensitive area. An Environmental
Impact Study has been prepared in support of the proposed new lot and dwelling. The
study concludes that from an environmental perspective, there should be no net impact
to the natural environment. However, the study concludes that the proposed lot does
654
REPORT NO.: PSD-119-02
PAGE 6
not appear to be sufficiently large enough to accommodate a reserve septic system bed
area that would comply with Durham Region Policy.
The subject lands have also been identified as having a high archaeological
assessment due to the proximity of Bowmanville Creek. However, the Ministry of
Culture (formerly Ministry of Citizenship, Culture and Recreation) has advised that the
development of a single building and related infrastructure, does not require an
archaeological assessment.
6.4 The Central Lake Ontario Conservation Authority noted that an Environmental Impact
Study (EIS) (Gartner Lee Ltd., 2002) and a Geotechnical Investigation (Haddad
Geotechnical Inc., 1999) have been completed for the property. CLOCA Staff generally
supports the findings of these reports. These studies have indicated that development
may occur without impacting either natural heritage or natural hazard features identified
subject to a number of conditions. The EIS does not indicate that additional tableland
will be required to protect the environmental features and functions of the Bowmanville
Creek Valley.
Staff previously reviewed the subject property with respect to a proposed land division
in 1999 (see paragraph 2.1). At that time, given site constraints, CLOCA agreed to
allow the top of bank to be the lot limit (CLOCA did not require a 5 m setback of the lot
line from top-of-bank). Accordingly, for the current zoning proposal we would take a
similar approach and allow top of bank to be the eastern limits of the residential zoning.
Therefore, providing all of the flood plain, valley, hazard and environmentally sensitive
lands (lands below top of bank) are zoned Environmental Protection (EP), we would not
object to the tableland being zoned appropriately to support the residential uses.
Subsequently, we would not object to the creation of a lot above the top of bank,
provided there is sufficient tableland area to support a residential dwelling and its
associated facilities; with the remainder of the valley, flood plain, hazard lands, etc.
remaining with the existing/retained parcel.
655
REPORT NO.: PSD-119-02
PAGE 7
7.0 ENVIRONMENTAL IMPACT STUDY
7.1 Following the preparation of the appropriate terms of reference, Gartner Lee was
selected from the Municipality's roster of consultants to complete the Environmental
I mpact Study for the proposed development. Several drafts of the report were prepared
and reviewed by the applicant and the review agencies. The consultant was required to
respond to the applicant's questions and to clarify and provide justification for the
conclusions contained in the report. The final EIS was submitted on June 4, 2002.
7.2 The consultant concluded that there should be no net impact of this proposed single lot
development from environment perspectives, if the proposed mitigation is followed.
However, it remains that the building and septic system locations would extend beyond
the top-of-bank and require an exemption from existing municipal and regional policy to
permit construction to proceed. The consultant concludes there is insufficient area
outside the Environmental Protection zone to construct a building plus a septic bed and
a reserve bed under the current applicable policies.
8.0 LAND DIVISION COMMITTEE APPLICATION
8.1 To implement the rezoning application the Martins filed a severance application with the
Regional Land Division Committee in February 2002. The application initially filed (see
Attachment 3) proposed to split the property in an east-westerly direction into two
parcels, 1.1 and 0.4 ha in size. The valley lands were to be split between the two new
properties.
8.2 Staff recommended to the Land Division Committee that the application be denied on
the basis:
. The rezoning application had not been approved by the Municipality;
. The Environmental Impact Study had not been completed; and
. The severance application did not comply with the policies of the
Municipality's Official Plan.
656
REPORT NO.: PSD-119-02
PAGE 8
The Land Division Committee tabled the application for a year at the request of the
applicant.
8.3 The severance application was subsequently re-scheduled by the applicants for the
Land Division Committee meeting to be held on June 10th, 2002. The severance
application was amended (see Attachment 4) by the Martins so that the retained parcel
would maintain ownership of the valley lands and the lot itself would be located above
the top-of-bank. It was the Martins' position that the amended application correctly
identifies the top-of-bank as determined by the Haddad Geotechnical Report prepared
in 1999. This report was prepared for the Martins at their request.
Staff in commenting on the revised application recommended that the application be
denied for the same reasons provided at the earlier hearing date.
The application was denied by the Committee as the proposal did not conform to the
Municipality's Zoning By-law or the policies of the Clarington and Durham Region
Official Plans.
Staff was advised by the Ontario Municipal Board that the Martins had appealed the
Land Division Committee decision.
9.0 STAFF COMMENTS
9.1 The primary issue at hand resulting from the Environmental Impact Study is the location
of the top-of-bank and related setbacks/buffers. Three criteria assist to determine the
limits of development as follows:
. The top-of-bank
. Slope stability that could potentially increase the buffer; and
. Environmental impact issues that could potentially increase the
buffer
This portion of the Bowmanville Creek is a confined valley system. The Conservation
Authority defines the top-of-bank as the physical delineation of a noticeable break in the
topography between the tableland and the stream valley. The top-of-bank as
657
REPORT NO.: PSD-119-02
PAGE 9
determined by the Consultant is shown on Attachment 1 to this report. Although the
consultant concluded there should be no net impact of this proposed single lot
development from an environmental perspective, exemptions to current municipal and
regional policy would be required for the building and septic system locations.
9.2 Staff reviewed possible options to consider whether a residential lot could be
accommodated. These were as follows:
. Reduction of 5 metre setback
The Official Plan's interpretation policies allow for some variation of numeric figures
provided that it is not for convenience, is warranted on valid planning grounds and in
no case, shall not exceed 10%. This would only reduce the setback requirement to
4.5 metres and does not make any significant difference of the developable land
available (see Attachment 1).
. Reduction of front and rear yard setbacks in the site specific zonina
This could be considered subject to suitable lot area and configuration.
. Allowina the lot to extend below the top-of-bank
This is contrary to the Clarington Official Plan and is discussed further below.
. Allowina the reserve tile bed to be located below the top-of-bank
This is contrary to Region Policy.
9.3 It is staffs position that even with consideration of reducing the 5 metre lot line setbacks
or reducing building setbacks, there is insufficient developable area above the top-of-
bank to permit the development proposal. The Official Plan is clear in its intent to
ensure that new lots are not created that extend beyond the top-of-bank and that an
appropriate buffer be provided by a setback of the lot line from the top-of-bank. In this
case, there are no environmental or slope stability issues which would require the lot
line to be set back greater than the minimum distance of 5m outlined in the Official Plan.
9.4 The Martin's do not agree with the top-of-bank as determined through the
Environmental Impact Study. The applicant's position is that the Stable Slope Line
identified in the Haddad Study (shown on Attachment 4) should be considered as the
658
REPORT NO.: PSD-119-02
PAGE 10
top-of-bank. This is not accepted by CLOC or the Municipality's EIS Consultant. Staff
advised the Martins by correspondence of the need for their submission of an Official
Plan amendment for Council's consideration to permit the development as proposed.
An application to amend the Official Plan has not been submitted.
9.5 Given the minimum area available for a lot identified as the development envelope on
Attachment 2, the size and shape of such a lot does not make an appropriate or usable
residential lot. The lot is approximately 1,000 sq. m. whereas the zoning requirement
for a Residential Hamlet lot is 4,000 sq. m.
It is the Martins intentions that the Land Division Committee application and Rezoning
application are heard jointly by the Ontario Municipal Board.
10.0 CONCLUSIONS
10.1 Based on the comments provided in this report, it is respectfully recommended that the
Solicitor and Staff be authorized to appear at the upcoming Ontario Municipal Board
hearing requesting the Board to deny the application for amendment to Zoning By-law
84-63 and the Land Division Committee application to permit the severance and
development of a single detached dwelling unit on the subject property.
Attachments:
Attachment 1-
Attachment 2-
Attachment 3 -
Attachment 4 -
Site Location Key Map
Site Plan - Figure 1 from the EIS
Site Plan - Land Division Committee - First Submission
Site Plan - Land Division Committee - Latest Submission
659
REPORT NO.: PSD-119-02
PAGE 11
Interested parties to be advised of Council's decision:
Louise & Robert Martin
15 Maple Street
RR#1
Bowmanville, ON
L 1C 3K2
Louise Bowler
8169 King Street
RR#1
Bowmanville, ON
L 1 C 3K2
Pat Kuypers
8121 King Street
RR#1
Bowmanville, ON
L 1 C 3K2
Bev and Brent Cochrane
61 Maple Street
RR#1
Bowmanville, ON
L 1 C 3K2
Damian Farrugia
8209 King Street
RR#1
Bowmanville, ON
L 1 C 3K2
Scott Cameron
42 Maple Street
RR#1
Bowmanville, ON
L 1C 3K2
Linda Gasser
7421 Best Road
PO Box 399
Orono, ON
LOB 1 MO
Richard Howes
22 Jane Avenue
Courtice, ON
L 1 E 2H9
John Wood
7 Maple Street
Haydon, Ontario
L 1 C 3K2
660
ATTACHMENT 1
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