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HomeMy WebLinkAboutPSD-016-15 tKingtoll Planning Services 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: March 9, 2015 Report Number: PSD-016-15 Resolution Number: File Number: ZBA 2014-0029 By-law Number: ; Report Subject: Recommendation report for 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-016-15 be received; 2. That the Zoning By-law amendment application submitted by Sharon Melville be approved as contained in Attachment 1 to Report PSD-016-15; 3. That the (H) Holding Symbol on the amended zoning for the subject property, be removed upon issuance of a Central Lake Ontario Conservation Authority Development Permit for the proposal on the subject property; 4. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-016-15 and Council's decision; and 5. That all interested parties listed in Report PSD-016-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-016-15 Page 2 Report Overview This report recommends that Council rezone Environmental Protection Area lands to provide an exception to permit 1 new dwelling and detached garage to replace 2 existing dwellings 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 dwellings both pre-date any zoning for the area and are considered legal non-conforming. 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-016-15 Page 3 FIGURE 1: Site Plan of Proposal WW 04r Op 4r . •'If J 1f � v c+�_ .�✓ Bowmanville Zoo Entrance 1. King Street East Driveway Existing House r Proposed Garage Existing House a °r _ Proposed House Mu icipali;fy - f n Bowmanville I Cemetery 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-016-15 Page 4 FIGURE 2: The 2 Existing Houses on the Property 1, l I 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. 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 flood proofing is done. No new hazards or adverse environmental impacts are to be created. For reasons identified below, staff are satisfied that there will be no negative impacts. Municipality of Clarington Report PSD-016-15 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. Uses, lawfully in existence prior to passage of the relevant Zoning By- law, which do not conform to this Plan, and continue 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 (EP) which does not permit any residential use, hence this application. 7. Public Submissions No inquiries on the subject application were received and no one appeared at the public meeting on February 23, 2015. Municipality of Clarington Report PSD-016-15 Page 6 8. Agency Comments 8.1 Central Lake Ontario Conservation Authority The Central Lake Ontario Conservation Authority listed their 4 regulatory requirements to be included in the Zoning By-law Amendment. The requirements are: 1) the new dwelling and detached garage are to be located in the northwest portion of the property; 2) all openings of the buildings are to be located a minimum of 0.3 metres above the Regulatory Flood Elevation of 83.7 metres, for a minimum elevation of 84.0 metres; 3) no basement is permitted in the new dwelling — only a crawl space is to be permitted and only if it cannot be used for or converted to habitable space; and 4) the total habitable floor area is not significantly increased beyond the sum of the floor areas of the 2 existing dwellings that are to be demolished, that is, to be no more than 1,800 square feet. 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 Development 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 proposed new buildings. 8.2 Other Agencies 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. Municipality of Clarington Report PSD-016-15 Page 7 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. The proposal is for very limited development — 1 single detached dwelling, in fact, more limited than the existing development of 2 single detached dwellings. Given this level of development and the immediacy of the existing Type B Arterial road — Durham Highway 2, the risk to public safety is considered minor. Flood proofing of the proposed dwelling is required. The proposed dwelling will not introduce new hazards or new negative environmental impacts since it will be considerably further from the Soper Creek than the closest of the 2 existing dwellings (see Fig. 1). The proposal conforms to the requirements of the Provincial Policy Statement. Although the Environmental Protection Area designation does not permit development including construction of a detached dwelling, the 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. Specifically, all of the property is within the Floodplain, therefore relocation is not feasible. The proposal does not aggravate the existing use situation as the zoning by-law will restrict the property to only one dwelling, further from the watercourse and with a maximum floor area. Health hazards, that is, flooding hazards, are being reduced significantly and no public nuisance is being created. The neighbouring conforming uses south of Durham Highway 2 are Bowmanville Cemetery and vacant Environmental Protection lands and they are not affected by the proposal. North of Durham Highway 2, Bowmanville Zoo and a few other detached dwellings will not be impacted by the proposal. The proposal will not affect traffic, access or parking. Planning and Engineering Staff have reviewed the issue of valleyland dedication to the Municipality regarding the subject application and property. There is no need for any trail linkage on the property as the Soper Creek Trail currently exists just south and west of the subject property and connects with the safe crossing of Durham Highway 2 at Mearns Avenue. Additionally, there is no desire for the Municipality to assume the liability and cost of potential future erosion of Soper Creek at this location. Municipality of Clarington Report PSD-016-15 Page 8 The Central Lake Ontario Conservation Authority's four regulatory requirements are incorporated into the Zoning By-law amendment. As well, the grade of the site will only be raised to the extent permitted by Central Lake Ontario Conservation Authority. The northwest corner of the property is where the proposed construction will least impact the floodplain. The proposed location of the new dwelling ensures no part of the dwelling is more than 39 metres from the northwest corner of the property. The area to be rezoned provides a 42 metre radius around the northwest corner, with the boundary being an arc. The area to be rezoned limits development on the site, while providing some flexibility. An "H" or Holding Symbol will be placed on the amended zoning for the subject property. It will be removed only upon satisfaction of the Central Lake Ontario Conservation Authority and specifically, issuance of a Central Lake Ontario Conservation Authority Development Permit for the proposal. All municipal taxes have been paid to the time of writing this report. 11 . Concurrence Not Applicable 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the proposed zoning by-law be approved. 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: br — Reviewed by �•/ Da Jy/'Crome, MCIP, RPP Franklin Wu, Direct-or of Planning Services Chief Administrative Officer Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(D-clarington.net Attachments: Attachment 1 - By-law to Amend Zoning By-law 84-63 The following is a list of the interested parties to be notified of Council's decision: Sharon Melville DJC/RLR/df/jp Attachment 1 to Municipality of Clarington Report PSD-016-15 Corporation of the Municipality of Clarington By-law 2015- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. 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 2014-0029; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 5.2 SPECIAL EXCEPTIONS—ENVIRONMENTAL PROTECTION (EP)ZONE is hereby amended by adding thereto, the following new Special Exception zone 5.2.19 as follows: "5.2.19 ENVIRONMENTAL PROTECTION EXCEPTION (EP-19)ZONE Notwithstanding Section 5.1 a. those lands zoned EP-19 as shown on the Schedules to this By-law shall permit one single detached dwelling unit and related accessory structures. Residential dwellings shall comply with the zone regulations and accessory buildings shall comply with Section 3: a. Minimum elevation of any door,window or other structural openings 84.0 metres (C.G.D.) b. Floor Area (maximum) 167 square metres C. Setbacks (minimum) i) Front Yard 6 metres ii) Interior Side Yard 1.2 metres iii) To Other Zone Boundary 0 metres d. The Holding symbol shall only be removed when a development permit has been issued by Central Lake Ontario Conservation Authority. 2. Schedule `3'to By-law 84-63, as amended, is hereby further amended by changing the zone designation from"Environmental Protection (EP)Zone"to"Holding- Environmental Protection Exception (EP-19)Zone"as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached hereto shall form part of this By-law. 4. 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 passed in open session this day of 2015 Adrian Foster, Mayor C.Anne Greentree, Municipal Clerk i i I I This is Schedule "A" to By-lave 2015- � passed this day of , 2015 A.D. IV RAFT Fqs T � i N ® Zoning Change From"EP"To"H)EP-19" ® Zoning To Remain"EP" Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk I I CHUryCHSTREET ECT �i EETEAST WV ORBS ORNE m PRINCES RUT ASHOALECRESC \ /AI'V Q DEERPARK CRESCENT �! n 1 , STR y \ OEERPARK CRESCFM JI \ ZQ�4-0029 Bowmanville � w HOBBSDRNE SCHEDULE3