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HomeMy WebLinkAboutPSD-012-15 Clatington Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: February 23, 2015 Report Number: PSD-012-15 Resolution: 0­7 File Number: ZBA 2014-0029 By-law Number: Report Subject: A rezoning application by Sharon Melville to replace two existing dwellings with one new detached dwelling within the floodplain of the Soper Creek Recommendations: 1. That Report PSD-012-15 be received; 2. That staff consider the public comments received in the further processing of the application for Zoning By-law Amendment (ZBA 2014-0029) submitted by Sharon Melville, for permitting the construction of a dwelling in the floodplain of the Soper Creek; and 3. That all interested parties listed in Report PSD-012-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-012-15 Page 2 Report Overview The Municipality is seeking public comments for an application it has received from Sharon Melville. The applicant is proposing to amend the Zoning By-law to permit 1 new dwelling and detached garage to replace 2 existing dwellings, each with an existing detached garage, on the lands at 345 King Street East, Bowmanville. 1 . Application Details Owner/Applicant: Sharon Melville Proposal: To permit the construction of 1 new single detached dwelling replacing 2 existing single detached dwellings, all located in the floodplain of the Soper Creek and zoned Environmental Protection. Area: 0.502 hectares (1.24 acres) Location: 345 King Street East, Bowmanville Within Built Boundary: Yes 2. Background On the property there are currently 2 existing single detached dwellings that were constructed in 1940 and 1949. Both existing dwellings have an accessory detached garage. The applicant proposes to demolish the 2 existing dwellings and garages, and replace them with 1 new single detached dwelling and detached garage. The property occupies land considered to be within the Soper Creek Valley floodplain and is regulated by the Central Lake Ontario Conservation Authority. All of the property is zoned Environmental Protection. The applicant has discussed and negotiated the proposal with the Central Lake Ontario Conservation Authority. A pre-consultation meeting was held in June 2014 and the Rezoning Application was submitted on November 24, 2014. Municipality of Clarington Report PSD-012-15 Page 3 FIGURE 1: Site Plan of Proposal Bowmanville Zoo Entrance King Street Fast ;r Driveway Existing House Proposed Garage d.; m Existing House y Proposed House Municipality of Clarington Owned" �t 5 . Bowmanville Cemetery is ¢ Z842U,.-0028 3. Land Characteristics and Surrounding Uses All of the triangle-shaped property is within floodplain as are the abutting municipally owned lands to the west. Much of the property is below top-of-bank and the remainder is not far above top-of-bank, of the Soper Creek Valley. Soper Creek is essentially the east boundary of the property. There are small wooded areas east and west of the property. Beyond the wooded area to the east is Bowmanville Cemetery, owned by Clarington. The vacant property to the west of the subject property is also owned by Clarington. Durham Highway 2 is at the north boundary of the property and it provides access to the property. Bowmanville Zoo, is located north and northwest of the property. There are several residences on the north side of Durham Highway 2 northeast of the property. Municipality of Clarington Report PSD-012-15 Page 4 FIGURE 2: The 2 Existing Houses on the Property S:- v. .so. ' •.M-K "�' X61 lA w_... �i^L } .. -?.4fc x�t.�-.- �_ .=s.. .3ti.✓...i.Y14C,s s'4'.et'.".. ._ . �c� _.ti 1 -3 � ffi 4. Provincial Policy Provincial Policy Statement The property is within an area identified as having significant Valleyland and significant Woodland. Development within or adjacent to these features is not permitted unless it has been demonstrated that there will be no negative impacts. For reasons identified below, staff are satisfied that there will be no negative impacts. Development shall generally be directed to areas outside of hazardous lands impacted by flooding and erosion hazards. However, some limited development may be permitted where the risk to public safety is minor or could be mitigated and floodproofing is done. No new hazards or adverse environmental impacts are to be created. Municipality of Clarington Report PSD-012-15 Page 5 5. Official Plans Durham Regional Official Plan The Durham Regional Official Plan designates the property Major Open Space Areas and in the Region's Durham Highway 2 Intensification Corridor. The predominant use of lands in the Major Open Space Areas shall be conservation, and a full range of agricultural , agricultural-related and secondary uses as well as agri-business, major recreational uses, commercial kennels and landscape industry uses. Area municipal official plans may further elaborate non-agricultural uses which are compatible with the character of Major Open Space Areas in urban areas. Durham Highway 2 is a Type B Arterial and a Regional Transit Spine. Clarington Official Plan The Clarington Official Plan designates the property Environmental Protection Area. No development, including construction of a detached dwelling is permitted. The reduction of 2 existing dwellings and, detached garages to 1 dwelling and garage along with the increase in distance of the buildings from Soper Creek means the proposal has less impact on the natural environment than the current situation. The Official Plan recognizes it is not possible or desirable to recognize all existing uses in the Official Plan. For a use, lawfully in existence prior to passage of the relevant Zoning By-law and which does not conform to this Plan, and continues to be lawfully used, shall be deemed legal non-conforming. The Official Plan states that it does not limit the authority of Council to pass a by-law permitting the extension of legal non-conforming uses, provided: a) Relocation is not feasible; b) The existing use situation is not aggravated; c) Size is appropriate for the existing legal non-conforming use; d) Health hazards/public nuisances are not generated; e) Neighbouring conforming uses are protected by buffering or other measures, if necessary; and f) Parking, access and traffic in the vicinity are not adversely affected. 6. Zoning By-law Zoning By-law 84-63 zones the property Environmental Protection which does not permit any residential use, hence this application. 7. Public Notice and Submissions Public notice was given by mail to each landowner within 120 metres of the subject lands and a public meeting sign was installed on the frontage on (south side of) Durham Municipality of Clarington Report PSD-012-15 Page 6 Highway 2. No inquiries on the subject application were received at the time this report was written. 8. Agency Comments The Central Lake Ontario Conservation Authority listed their 4 regulatory requirements to be included in the Zoning By-law Amendment. They also requested confirmation that Clarington Emergency and Fire Services will provide emergency response to the proposed residence in the event of a flood and such confirmation has been provided. A Central Lake Ontario Conservation Authority Permit will be required prior to any development on the property and only a minimal amount of clean fill will be permitted on the property in order to adequately flood proof the structures. Regional Planning and Economic Development noted the proposed use appears to be permitted by the policies of the Regional Official Plan and generally conforms to the policies of the Province's Growth Plan. There will be no significant transportation impact for the Region. Regional Works noted the applicant will be responsible for the cost of removing 1 water connection and 1 sanitary sewer connection, and pay the inspection fees for the 1 retained water connection and the 1 retained sewer connection. Veridian Connections had no comment. 9. Departmental Comments Engineering Services Clarington Engineering Services had no objection in principle, given Central Lake Ontario Conservation's approval of the proposal including the Grading Plan. Clarington Building Division noted Building Permits will be required for each of the two proposed buildings. Operations Clarington Operations noted no concerns with the application provided the driveway entrance remains in the same location. Emergency & Fire Services Emergency & Fire Services have no objection. 10. Discussion The rezoning is to permit the construction of a new single detached dwelling and detached garage in the Environmental Protection Zone. Central Lake Ontario Conservation Authority and Clarington staff have accepted the applicant's proposal without submission of an a Natural Heritage Evaluation, given that the two homes that currently exist on the site, will be demolished to allow for the new dwelling. Municipality of Clarington Report PSD-012-15 Page 7 The two existing dwellings, due to their age, are legal non-conforming. The Clarington Official Plan allows Council to pass a by-law permitting the extension or enlargement of legal non-conforming uses, buildings or structures, provided certain requirements are met. The grade of the site will be raised and no basement is permitted allowing the building to be reasonably floodproofed. The proposal appears to be a significant improvement over the existing situation. Staff will report back once all comments from the agencies have been analyzed and any comments from the public have been considered. 11 . Conclusion The purpose of this report is to give the status of the application for the public meeting, and identify issues and comments received to date. It is appropriate to have the application continue being processed by staff. 12. Strategic Plan Application Not applicable. Submitted by: Reviewed by: Da i . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Bob Russell, Planner ll, 905-623-3379 ext. 2421 or brussell(aD_clarington.net The following is a list of the interested parties to be notified of Council's decision: Sharon Melville DJC/CP/RLR/av/jp/df