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Home My WebLink AboutPD-023-00 ~ " DN, PD-23'()() THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . REPORT PUBLIC MEETING Meeting: General PUrpose and Administration Committee File #J]/ '/-2I3;q. tJ/xx)-oo ~ Res. #c'Pfl-II5/-()O . Date: Monday, March 20, 2000 Report #: PD-23-oo File #: ZBA 2000-004 By-law # Subject: REZONING APPLICATION APPLICANT: LOUISE AND ROBERT MARTIN /_, PART LOT 14, CONCESSION 8, FORMER TOWNSHIP OF DARLINGTON, 15 MAPLE STREET, HAYDON FILE: ZBA 2000-004 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-23-00 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Louise and Robert Martin be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments and the completed Environmental Impact Study; and 3 . THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owners: 1.2 Agent: 1.3 Zoning: Louise and Robert Martin (same as owner) from "Environmental Protection (EP)" to an appropriate zone(s) to permit a single detached dwelling 1.4 Area: 1.5 hectares (3.71 acres) for entire property Proposed Lot: 1.1 hectares (2.71 acres) (approximately) 2. BACKGROUND 2.1 On January 31, 2000, the Planning and Development Department received an application 601 ~ REPORT PD-023-00 PAGE 2 to amend Zoning By-law 84-63 in order to permit the development of a single detached dwelling in an area that is now zoned "Environmental Protection (EP)". 2.2 The area subject to the proposal is located in the Hamlet of Haydon, north of Mill Street, west of Bowmanville Creek and on the east side of Maple Street. The municipal street address of the entire subject property is 15 Maple Street, Haydon. The more formal location description is Part Lot 14, Concession 8, former Township of Darlington. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site of the proposed lot is currently vacant. A single detached dwelling already exists at the southwest comer of the subject property. 3.2 The subject property is situated within the highly sensitive Bowmanville Creek Valley (East Branch). The large majority of the entire subject property area and all of the proposed lot area are west of Bowmanville Creek. There is some forest cover through this creek valley. 3.3 The surrounding land uses are as follows: North - Hamlet Residential South - Hamlet Residential East - Bowmanville Creek West - Hamlet Residential 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public notice sign was installed on the lands. 4.2 As a result of the public notification process, to date, the Planning ahd Development Department has received two (2) counter inquiries and (3) telephone inquiries at the time of the writing of this report. Concerns were raised about a dwelling being in the "Environmental Protection (EP)" Zone and the precedent an approval could set. 602 , REPORT PD-023-00 PAGE 3 5. OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Regional Official Plan, the subject property is in the designated Hamlet of Haydon. The Bowmanville valley lands are identified as being an environmentally sensitive area. An environmental impact study is required for development applications in proximity to environmentally sensitive areas. 5.2 Within the Clarington Official Plan, the subject property is mostly designated as Environmental Protection Area with a sliver of Hamlet Residential land at the southern and northwestern comers of the subject property. Much of the proposed lot is within the Environmental Protection designation but some of the lot has the Hamlet Residential designation. It would appear nearly all of the subject property is "Hazard Land". Hazard land includes flood susceptibility, erosion and steep slopes among other things and no new buildings or structures are permitted on such lands so as to prevent loss of life, personal injury or property damage or, degradation of the natura1 environment. Determining the hazard land boundary relative to the proposed residential boundary and evaluating the impacts on the Bowmanville Creek and valley lands is key to evaluating this application. An Environmental Impact Study is required. The Planning and Development Department has initiated the Study process for this proposal. The applicant will be required to pay for the cost of the Study. 6. ZONING BY-LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is almost completely zoned "Environmental Protection (EP)". 'The one exception is a sliver of land at the southern comer of the subject property and this is the site of the one existing dwelling on the subject property. The entire northwestern comer of the subject property is zoned "Environmental Protection (EP)". This would include all of the area of the proposed lot and hence, this rezoning application. 603 , REPORT PD-023-00 PAGE 4 7. AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. The following agencies indicated no objections or concerns: . Ontario Hydro Services Company . Regional Health Department . Fire Department Other comments received to date are as follows. 7.2 The Clarington Public Works Department stated the need for a Lot Grading Plan prior to the clearance of the anticipated land division that would follow a rezoning approval. 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. Also, the applicant must make an appropriate cash contribution in lieu of the normal parkland dedication. 7.3 The Regional Planning Department noted that this proposal could be considered hamlet infilling and that it would appear to comply with the policies of the Regional Official Plan. The Department also remarked the proposed single detached dwelling would be situated in proximity to a tributary of Bowmanville Creek and that the applicant should be made to demonstrate that the ecological function of the creek and associated floodplain would not be affected by the proposal. It was also said that the subject lands have also been identified as having a high archaeological assessment due to the proximity ofBowmanville Creek and that an archaeological assessment may be necessary. 7.4 Comments remain outstanding from the Central Lake Ontario Conservation Authority. 8. COMMENTS 8.1 Regarding the possible need for an archaeological assessment, Clarington staff have contacted the Ministry of Citizenship, Culture and Recreation to obtain a determination on the matter. 604 , REPORT PD-023-00 PAGE 5 8.2 As noted above an environmental impact study process has been initiated. Upon completion of this study CLOCA and staff will be able to complete the review of this application 8.3 As the purpose of this report is to give the statns of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. Reviewed by, Da d . rome, M.C.I.P., R.P.P. Director of Planning and Development BR*L T*DJC*cd March 8, 2000 Attachment #1 - Site Location Key Map Attachment #2 - Topographic Sketch of the Subject Property df'~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer Interested parties to be notified of Council and Committee's decision. Louise Martin & Robert Martin 15 Maple Street R.R.#1 Bowmanville, Ontario LtC 3K2 Bev and Brent Cochrane 61 Maple Street R.R.#1 Bowmanville, Ontario LtC 3K2 Louise Bowler 8169 King Street R.R.#1 Bovnnanville,Ontario LtC 3K2 Damian Farrugia 8209 King Street R.R.#l Bowmanville, Ontario LtC 3K2 Pat Kuypers 8121 King Street R.R.#1 Bowmanville, Ontario LtC 3K2 Scott Cameron 42 Maple Street R.R.#1 Bowmanville, Ontario LtC 3K2 605 _SUBJECT SITE 15 MAPLE STREET. HAYDON LOT 1 5 LOT 1 4 LII -cl I 1 I ~I 01 z, <{' ...1 ~I ~I 31 zl ~I ~I (Ill wi u' z' <{' 3: 0, -' ' <il 01 <31 0::1 81 (51 ~I ~I LOT 13 ,__~L-._ CONCESSiON :ROAD 8 PJ DARLINGTON KEY MAP ZBA 2000-004 606 ATTACHMENT' 1 o <5 0::: W .....J o o ~ L Ii OC) z o (f) (f) w U z' o u I <; _0 or >- :z 'l::'i a. a. ~.....~ AAC_:lt.-lI ATTACHMENT #2 'lJ i.: III II I, f I r A I~ T I '1 PLAN 10lR ~ 1578 51:1<'"[ _/'l~_:.: ~J-19 -I ....-:orCURlNi;TON I (.~'TiHCRf.'.'iIDD.7lIU. I . , ~ , ~ ~ Ii , ~ . ~' ~ . >- , or ~ '" '" a. '" '" 0: '" '" '" I .., Q. I , "< "" PROFILE 'A' '" PROFILE '8' .,. , " ,~ l :;,. '- 0 -. 0 '? .., '? '" (J '" 0 () TOPOGRAPHIC SKETCH PART OF LOT 14 CONCESSION 8 MUNICIPAUTY OF CLARINGTON REGIONAL MUNICIPALITY Of DURHAM jfORI.I(RLY TOWNSHIP O~ DAAUNCfON, COUNTY 01' OlJRfWoI) RC. 1.lAR1IN I~C_. a.los. SCAlE 1;500 REVISED- JA.Nu.o.RY2I,2000 ,'t I;";;,,,,,,,, .. RH ~"7JHf: i. j \:\ 1)\\ .- 1\ Vf!!:;.:., ".. )''",-: ,. . " -':'::< 7 R ..- .. I '-'''. . '.- / , I '7 '" ~ a. 0 ,~ (j i~ " L.. 'E "' I ~: u, ~ 'n LIlOll'<IWtYINfOll.."'ION__OHItASIlED<COlU'O,,(()fR<)ll .......'CA-,)I1NCl........._-'~1BNClkASNOTIIEEN~. 2.fi!YA11CHSAAl:RflATfOIOIlll;CENJII(lJN[OI'WlJ.SlRUIA' 'fitCIIL...:"!l.I'oUIlllt:_....LlCRuKI....Wl<l~rnv..._OI' l2.,._(7~l.(I'EEr)...$_ONJH[....IlIYOO""NI\OU.EFlOOD ........WN'!'INC-SlU:T'>>OO:H'_IV?4. .l.!'H(FUI>$IJ""UIllPllC;DlIIDOHlllI5I'1.N1W"SCCIWILTID ON APflI..\ '7H. 'fl.OODNAlNlIl\MITElLY"ToISAAl:S<;.\UDrJ!(NIH[FlOOO .....,_ONI>I(....!BVIlO'MIN<\llllF\.OOO......IIlWAPPI+G - <;><<T lJO OF '" _ '~14_ METRIC OlSINfCESN<OnrvAlIOHS_IlEREOOI.oJI(lNN(IR(SANO CAlleECOMIERTEOTOfU1B1DM01H<lll'l'O.J0411 NOTES u f??(J ~~~~Sen\~alb~:~~~;ed ~ Lands to remain ~ Environmental Protection ZBA 2000-004 .0.ssuur08OlOl_ CV"N:Qf'FIQ.Ol)"I..ltRS(C~"1l<ct;Nll'ItOifQll[[l< ASSIJWro EU~..no:w ~ 110.1. "!:'rRtS P)7.Q fITf) (9r-9r~ll s~ \ ..,...... ..-. ~;.;~ "/ R.C. MARTIN INC. ONTARIO LAND SURVEYOR $IJIl(~ll""__MI'DfU(. ~.Oh'fAlIIO.IlJu"" In~(.,.)I)t-OOSl'''''(.1J>-J4~~ _.... "'" $CAU ,.loOO fJ..lHCl-:....TOQIj 607