HomeMy WebLinkAboutPD-55-99
.A.~. ON: PO-55-99
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THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
REPORT
Date:
Monday, June 7, 1999
Fi Ie # '0\4. De_\.J' Cfi!;C:Jo I
Res. # 0 PA -;;;Y1fo-99
Meeting:
General Purpose and Administration Committee
Report #:
PD-55-99
File #: DEV 98-061
By-law #
Subject:
REZONING APPLICATION - APPLICANT: ERIC CAMERON
PART LOT 10, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
2681 CONCESSION ROAD 4, DARLINGTON
FI LE: DEV 98-061
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following
1. THAT Report PD-55-99 be received;
2. THAT the rezoning application DEV 98-061 submitted by Eric Cameron be
APPROVED and that the amending by-law contained in Attachment No. 3 be
forwarded to Council fQradoption;
3. THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department; and
4. THAT the interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Owner:
1.2 Applicant/Agent:
1.3 Zoning:
Eric Cameron
(same as above)
from "Agricultural (A)" to "Agricultural Exception (A-59)" to
permit a home industry being a woodworking shop in a
proposed building that is approximately 1,342 square feet.
1 .4 Area:
1.2 hectares (3.0 acres)
670
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REPORT PD-55-99
PAGE 2
1.5
Location:
The subject lands are located south of Concession
Road 4 and east of Liberty Street. The municipal street address
is 2681 Concession Road 4, Darlington. The lands are located
in Part Lot 10, Concession 3, Former Township of Darlington
(see Attachment No.1)
2. BACKGROUND
2.1 On October 9, 1998, the Planning and Development Department received an
application to amend Zoning By-law 84-63 and an application for site plan approval
to permit a woodworking operation housed in a separate building.
2.2 A public meeting for the rezoning application was held on December 7, 1998.
Mr. and Mrs. Kenneth Irving advised that they have resided in their home for 16
years. They stated that, contrary to the existing zoning by-laws, the subject property
is being used for making fireplace mantels and selling them at their stores. They
stated the following objections to the proposed development:
. it will spoil the view from their front and back patios;
. it will have a detrimental effect on real estate values;
. it wi II create more traffic;
. it will ruin their privacy and enjoyment of their home;
. it will affect the environment and ecology and cause more pollution with the
heating and washroom in the new building;
. noise factor emanating from the road to access their building and storing of their
trucks; and
. outside lighting
They requested that, if the proposed development is approved, the building be
smaller and located on the far west side of the subject property.
671
REPORT PD-55-99
PAGE 3
No one spoke in support of the application.
The owner/applicant, Mr. Eric Cameron spoke in favour of the application noting
that the subject property has been a school property since 1837. He stated since he
purchased the property in 1994 extensive renovations have been carried out and
approximately 1500 trees have been planted on the property. He indicated that, to
date no objections have been received from commenting agencies with respect to
his proposed rezoning. Mr. Cameron explained the nature of his business to
Committee and indicated that he would be willing to move the building 30 to 40
feet west in order to keep it further away from the neighbour's home.
2.3 On December 18, 1998, Staff met with Mr. Cameron, Mr. & Mrs. Irving and Mr.
Khouri to review the issues and identify how they could be resolved. Noise
appeared to be the predominant issue and Staff requested that Mr. Cameron
undertake a noise study by a qualified consultant.
3. EXISTING AND SURROUNDING USES
3.1 The property currently contains: a one-storey brick dwelling (a former elementary
school) occupied by the owner/applicant, and two sheds (see Attachment No.2).
3.2 The surrounding land uses are as follows (see Attachment No.1):
North: Rural Residential and Agricultural;
South: Vacant;
East: Rural Residential; and
West: Agricultural and a Regional Equalizing Reservoir that is no longer
operational and beyond that, Rural Residential.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject property is designated as
Major Open Space. The application conforms.
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REPORT PD-55-99
PAGE 4
4.2 Within the Clarington Official Plan, the subject property is designated as Green
Space. According to the policies for this designation, the application conforms.
5. ZONING BY-LAW COMPLIANCE
Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the
subject property is zoned "Agricultural (A)". A home industry is only allowed in the
"Agricultural (A)" zone by amendment to Zoning By-law 84-63.
6. AGENCY COMMENTS
6.1 The rezoning application was circulated to various agencies and other departments
by the Planning and Development Department. The Regional Health Department
and Ontario Hydro had no objections. Other comments received to date are as
follows.
6.2 The Clarington Fire Department noted that they were unable to determine the
location of the proposed building's fire access route. The applicant has had some
discussions regarding the matter with the Fire Department. The permanent or
temporary use of the Regional Equalizing Reservoir driveway immediately west of
the applicant's property was considered but the Region did not want to grant such
an easement. The applicant will provide the fire access route on the east side of the
applicant's property. This route has been approved by the Fire Department. The
applicant has stated that he cannot provide the fire access route on the west side of
the property because of the location of the septic ti Ie bed.
6.3 The Clarington Public Works Department, Engineering Division noted they had no
objection to the proposal as long as no existing drainage patterns are altered or
adversely affected as a result of construction of the accessory building.
673
REPORT PD-55-99
PAGE 5
6.4 The Clarington Public Works Department, Building Division offered the following
comments. The proposed building will be classified as Group F Division 2
Industrial occupancy. One (1) washroom must be provided in the building and
Health Department approval will be required for additions to the septic system. If
the building is more than one storey, a 45 minute fire resistance rating is required
for the floors. Additionally, an exit from the 2nd floor must be separated by a 45
minute fire separation and the exit must lead directly from the 2nd floor to the
exterior. It was also noted that the Fire Department should be consulted about the
provision of a fire access route to the building.
6.5 The Regional Planning Department stated the proposal may be considered as an
ancillary use to the existing residential use as long as the zoning by-law is structured
to ensure:
. That the principal use of the site remains residential by limiting the size and
scale of the proposed ancillary use, buildings, signage and machinery/equipment
used in the operation; and
. That the proposed home industry is compatible with the surrounding land uses.
No provincial interests appear to be affected by this proposal and subject to the
foregoing the proposed amendment is acceptable within the context of the Regional
Official Plan.
7. STAFF COMMENTS
7.1 The applicant has agreed to move the workshop westerly so that it is a minimum of
29 metres (95 feet) from the east property line with the Irvings (see Attachment No.
2). The proposed zoning by-law amendment restricts the location of the workshop
building to the setbacks as shown on the site plan. The fire access route has been
resolved to the satisfaction of the Fire Department.
674
REPORT PD-55-99
PAGE 6
7.2 The concems raised at the public meeting by the neighbours to the east have been
addressed in the following manner.
. The view would not appear to be significantly affected given that the setback of
the workshop building from Concession Road 4 is essentially the same as that of
the neighbours' house. The only building that will appear in their northerly
view will be the Cameron's existing home. If the proposed workshop building is
setback the same depth from Concession Road 4 and if its north-south dimension
is no greater than the neighbours' house then it follows that the neighbours'
view from the back should not be significantly affected.
. Regarding negative impacts on real estate values, the Planning and Development
Department is not in a position to comment on future real estate values.
. The proposed home industry will not generate very much additional traffic
beyond that of a normal garage and driveway. Only on rare occasions will
suppliers, deliverers, service providers or customers come to the workshop
building.
. Regarding privacy, numerous trees have been and will be planted by the
applicant on all sides of the proposed workshop building. As well, the
neighbours to the east have carried out an extensive tree-planting program on
the west side of their property.
. Regarding environmental/ecological impacts from the washroom and the
building heating system the following is to be noted. The Regional Health
Department has been satisfied that the washroom facility will not have any
negative impact on the property's septic system. Regarding the heating of the
workshop building it is not unusual for an accessory building to be heated.
Given its setting on a 1.2 ha (3.0 acre) lot it would be difficult to imagine the
temperature of the local environment, especially beyond the Cameron property
boundaries, being impacted.
. Regarding noise generated by the use of the driveway, it would appear to be
insignificant given the limited scale of the home industry. The garage in the
workshop building is for one vehicle.
. The outside lighting consists of wall-mounted "colonial style" lamps. This type
of outside lighting is no different from residential lighting on any dwelling or
related accessory building. It is difficult to conceive of there being any impacts
on the neighbours to the east. No light poles/standards are proposed for the
workshop building and surrounding area.
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REPORT PD-55-99
PAGE 7
7.3 A Noise Impact Assessment was undertaken by John Swallow Associates Limited,
Acoustical Engineers. The Assessment confirmed that, if the doors and windows of
the workshop remain closed, the sound level will not go beyond the limits
established by the Ministry of the Environment at any time of the night or day.
Sound levels to be experienced when nearly all the work will be done (7.00 a.m. to
7.00 p.m.) are well within the limits established by the above Ministry. The vast
majority of the work will be done in autumn and winter (the fireplace mantel
business is mostly seasonal). A ceiling fan will be installed in the workshop to help
keep the room coolon warmer days.
Despite the fact that (as long as the doors and windows are kept shut) there wi II be
no violation of the above Ministry's standards at any time of the night and day, the
report utilized numerous worst case scenarios, some of which are as follows:
. The location of the residence to the east is approximately 20 metres (65 feet) east
of the property line shared with the applicant. However, for the purposes of
calculating the noise levels, measurements were taken at the property line.
. The residence to the southwest is close to 150 metres (500 feet) away but, it was
for the purposes of the report assumed to be only 121.9 metres (400 feet) away.
. Although Mr. Cameron has indicated that usually there will be only one person
working in the workshop building, for noise calculation purposes it was assumed
there would be two persons working in the workshop building.
. The two items of workshop equipment generating the highest sound levels were
used for noise calculation purposes and were assumed to both be operating at
the same time, continuously, for one hour.
. The workshop building has a garage in its eastern portion. There are no
windows and doors on the east face of the building. The garage has a shielding
effect on the sound radiated from the south fac;:ade yet; the attenuation due to
this shielding was not included in the calculation.
. The Noise Impact Assessment concludes with the statement that "as sound levels
with doors and windows of the workshop closed will be at or below the MOE
minimum sound level limit, it is recommended that the workshop be approved".
676
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REPORT PD-55-99
PAGE 8
7.4 The Clarington Official Plan provides for home industry uses in the rural areas as a
means to encourage employment within Clarington. The proposed exception zone
provides for a woodworking shop. Any other type of home industry use will require
a rezoning.
8. CONCLUSION:
In consideration of both agency comments and public submissions, and the staff
comments in this Report, Staff recommend that the rezoning application to rezone
the subject lands from HAgricultural (A)" to HAgricultural Exception (A-59)" be
APPROVED as contained in the attached zoning by-law amendment.
Respectfully submitted,
Reviewed by,
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D i Crome, M.C.I.P., R.P.P.
Director of Planning & Development
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
BR*LDT*DJC*cc
June 2, 1999
Attachment No.1: Site Location Key Map
Attachment No.2: Site Plan
Attachment No.3: Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
ATTACHMENT' 1
- SUBJECT SITE
2681 CONCESSION ROAD 4
LOT 11 LOT 10 LOT 9
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R.E~\'S.E::t>
THE CORPORATION Of THE MUNICIPALITY Of CLARINGTON
BY-LAW NUMBER 99-
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 C1arington deems it advisable to amend By~law
84-63, as amended, of the Corporation of the former Town of Newcastle, to implement DEV 98-061.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby amended by adding thereto,
the following new Special Exception 6.4.59 as follows:
"6.4.59 AGRICULTURAL EXCEPTION (A-59) ZONE
Notwithstanding Section 6.1, those lands zoned "A~59" on the Schedules to this By~law may, in addition to
the other uses permitted in the" Agricultural (A)" Zone, be used for a woodworking shop accessory to a
residential dwelling and subject to the following zone regulations:
Yard Requirements (minimum)
Eastern Interior Side Yard
Western Interior Side Yard
Rear Yard
Accessory Building for Woodworking Shop Area (maximum)
29 metres
23 metres
70 metres
128 square metres
For the purposes of this subsection, a woodworking shop shall mean a building where fireplace mantel,
other fireplace components, other pieces of residential woodwork and residential furnishings are
manufactured and which shop is clearly accessory to a residential dwelling.
Notwithstanding Section 3.1 on those lands zoned" A-59" on the Schedules to this By-law, the total of all
accessory buildings and structures may have a lot coverage up to 70% of the total floor area of the main
building."
2. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation
from
"Agricultural (A)" to "Holding - Agricultural Exception ((HIA-59)" as illustrated on the attached Schedule
"A" hereto.
3. Schedule" AN 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 Section 34
of the Planning Act.
BY~LAW read a first time this
day of
1999.
BY~LAW read a second time this
day of
1999.
BY-LAW read a third time and finally passed this
day of
1999.
MAYOR
CLERK
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This is Schedule"A" to By-law 99- ,
passed this day of . 1999 A.D.
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CONCESSION ROAD 4
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