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HomeMy WebLinkAboutPD-117-97 ~rr:nsv9voaa.cvxTHE CORPORATION OF THE MUNICIPALITY OF GLARINGTON REPORT Meeting:. General Purpose and Administration Committee F1e # ~ , , 9?, 03~- Monday, September 8, 1997 ~. A -475-q 7 Report #; PD-117-97 File #:DEV 97-034 By-law #~~~ Subject: REZONING APPLICATION -GIBBON PART LOT 7, CONCESSION 9, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 97-034 Re~mmendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-117-97 be received; 2. THAT application to amend the former Town of Newcastle Comprehensive Zoning. By-law 84-63, as amended, submitted by Katrina and Russ Gibson to perms the construction of one residential dwelling, be APPROVED; 3. THAT the amending by-law attached hereto be forwarded to Council for approval.; 4. THAT a copy of this report and the amending by-law be forwarded to ttie Region of Durham Planning Department; 5. THAT the interested parties listed in this report any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Katrina Gibson 1.2 Agent: Russ Gibson 1.3 Rezoning Application: from "Extractive Industrial (M3)" to allow the development of one single family dwelling. 1.4 Land Area: 2.24 ha (5.53 acres) 667 y ~t 4 ~T fYO.: Pt;~--117-97 PAGE ~ 2. t.©GATK>~1 2. i The sub~ci property is' located in Part tot 7, Concession 9, forrruFa' Tov~tship of Darlington. The property is on the north side of Regional Road 2Q, west of Liberty Street North; see Key Map (Attachment No. 1 }. 3. BACKriRi)UNEI 3.1 The subject rezoning application was received by the: Muni of Ciaring#ctrt Planning and Development Departmenton May Z0, 1.997. The subjeotlarxts are predominantly zoned "Extractive Industrial {M3}" which;prohibits residential uses. Although two small strips of the subject property are zoned "Agricural tA)", there is not sufficient land: within this zone to site a house.. (sea Schedule "A"; to the. pcaposed by-law). 3.2 In November 1987, the Ministry of Natural Resources, at the reques# of the C)wmer, Gerald Ralson, cancelled the (ir.ence for aggregate extt on the site> Furthermore, the Ministry's correspondence advises the si#e has - been rehabilitated in accordartc~ with Pits and Quarries Control Act, 3.3 A Public Meeting, in accordance wfth the. requirements of the P~ Act; was held July 7,:1997. No one spoke at the meeting in support or Q~ o the application, outer than the applic:arrt. 4. t~CISTtNQi At+i~ SUF#ROUNDINti USES 4.1 The existing site is currentlyvacartt. 4.2 Surrounding land uses are as follows: South: agricultural land with limited residential uses East: agricultural land with limited residential use and a pit .- .. operation NOrths vacant agricu~ural land West: agricultural land with limited residential uses. - 668 5. ' f3Ft~CiAL PLAM POLICIES 5.1 Within the Durham.. Regional Official P~ the subject property #s Major Open Space: -Oak Ridges Moraine. The predominant use ~ lands in the Major .Open Space shall be Eonservation, recreation, reforestation and agricultural and farm-related uses, In accordance w~h: Section 20.11.1, a residerx~ on.a lot of ` record is a permitted use. 5.2 Within the. Municipality of Clarington Official Plan, tfie subject PrrtY is designated Oak Ridges Moraine. Uses permitted in the Mt9raine :include conservati~„reforestation, agria~tture and passive recreatiatal-uses. Section 23.9-of the `Ciatington Plan allows one single famNy dar~ir~ on a legally conveyable lot, which existed prior to approval of the Plan. The proposed rezoning would appear to conform with the pollees of both Official Plans. s. zaNa~lc~ 6.1 The current zoning on the subject property is predominantly "Ere industrial (M3j" with'some "Agricultural {A) zone, The M3 zone prohibits uses. 7. AGENCY COMMENTS 7.1 In accordance. with departmental procedure, the subject a{~lica#ipn was arculated to a number of agencies and departments for cammen#. The ovving agencies have alt advised they have no objection to the-appAcatian as fled: i • Regional Heakh Department; s • Regional: Works Department; and • Clarington Public Works. t 6b9 ~s F ~~.m ''^~cs~siiE ~ r xs'~ it,~ RESORT NO.: PD~11T-97 PAt~i: 4 7.2 The Regional:Planning Department advised that the appticaticrn cx~nhrrms vrith the Durham Regkmai Official .Plan and that they have no objection: They suggested that. the application be screened frx compliance with -the Mir-+n-urn ;pistanc~ .Separation policy of the Ministry of Agrkxriture, Food and Htrred Affs. The - appiicant lrrdicated on the application form he was not withkr 50E) rr~res of a barn or manure. storage facility. Staff review of aerial photogr~rhy and assassrr~r~t informa#ion supports this.. ' 7.3 The Central Lake Ontario Conservation staff advised that they are that the application ;for one single family dwelling on the subject lands should have .:minimal impacfs on groundwater. 'The cornments further advised that the Authority Master Plan identd the property -for :acquisition for the Long Sault Conservation Area.. However, in consideratign of current govemmant policy regarding conservation lands and the properties lack of woodlot or high F~rvironmental Sensitivity rar-king, the potentiaal for acquisition of the site is diminished. They have no objedirxr ts~ the rezoning. 8, STAFF t:OMMEIVTS 8 t The applicant is proposing to rezone the subject property to permit devebpment of a residence on a lot at one. time used as an aggregate extraction pit. The site has teen rehabilitated to the satisfaction of the Ministry of Na~'al Resources„ however; it remains zoned predominantly "M3", which prohibits-tare astatslishmant of a residence. This application -is viewed as a .last step in the process of rehabilitating,#he site. 8.2' The site is not recognized in either the Regional or C.tarington (?#fiCial Plan for aggregate extraction. furthermore, the application is considered to bean keeping with the intent of both Official Plans which encourages complete rehai:rilit~etion of pitsand quarries. 670 _. e .< ~.. 8.3 8.4 'C3HT NO.: PD-117~f E 5 The Provincial Policy .Statement requires "progressive re n to ' accommodate subsequent land uses" as it relates to sus. The application conforms with this policy. Furthermore, the Natural ` policies, as they relate. to the Oak Ridges Moraine, do not appear to be for the development. of one house: on a vacant lot. As part of the rezoning application, tl1e applicant indicated the were are rro . livestock barns or manure storage- faalkies looted. within 50€l rrietree` of the boundary of the subject property. Therefore, the Minirnum.Sion. requirement from a barn or manure storage is not a far~or. CONCI.tlS10N The subject tot is a former aggregate pit which has tin rehaf.~itite~9d. In consideration of the comments receivedfrom the circulated ,the pol'sriss of the Durham and Ctarington Offictial Plan and the c~mmertfs wed above, staff would have no objection to approving the rezoning , to permit the developrr~t of a single family dwelling on the subject lot. 9. 9.1 Director of Plann~g .and Development Respectfully. submitted, Reviewed by, :Franklin Wu, M.C.f:P., R.P:P. W.H.. Skvvelt cP*FW*df 25'August 1~7 Attachment No. 1 -Key Map Attachment No. 2 - Zoning. sy-law Chief Adm' Officer b71 RILVRT NO.: PD-117-97 PAGE 6 Interested parties to be notified of Council and Committee's decision: Russ and Katrina Gibson 5410 Old Scugog Road Hampton, Ontario LOB 1 J0 672 ® SUBJECT SITE LOT 8 LOT 7 LOT 6 LOT 5 II I II II II I~ I it Q rn Il ll ~ I Il ~ Z II ~ it p II II ll i ~ ~ II ll Q W III, Iii ~ U !I II Z Z II l ~ O I J U II i ~~ I REGI NAL ROA 120 I 'l it II ,I ~ I I I l ~, j i~ pp ~ I I I II ll II z II II ~~~ Ili Q II II II II ~ li ~ II II II (~ II I ~ II W ll ~~ ~ ~ U <v II Z I II m II ~ it II v II U ~ 111 S DKEY MAPN ~~• 97-034 b~'3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- being a By-law to amend by-law 84-63, the Comprehensive Zoning ey-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 former Corporation of the Town of Newcastle to permit the development of one residential dwelling (DEV 97-034). NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone category from "Extractive Industrial (M3)" to "Agricultural (A)" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1 g97, BY-LAW read a second time this day of igg7, BY-LAW read a third time and finally passed this day of 1997. MAYOR CLERK bi'4 This is Schedule "A" to By-law 97- , passed this day of 1997 A.D. LOT 8 LOT 7 N72'36'20"E 162.586 3 rn .•. r o :. M I~ ~ Of Z M :: - : 46.626 . . ~ ~ 7o•ss'4o"E ^ _ O ~, ° M W J ~ 3 3 ~ ~ 3 N d n m M t0 I~ N ~ ~ Z J Z N71'58'E REG/0~.4L N6o'3s'20"E 116.473 0.518 ROAD 20 ® ZONING CHANGE FROM "M3" TO "A" ZONING TO REMAIN "A" 0 25 SOm Mayor 25m 0 Clerk LOT 8 LOT 7 LOT 6 LOT 5 I~ ~~I ~~ ~ _ ~ °a rn II ~ ~ z 0 I . i w i i i ~ V l l i Z O 0 ~i ii _ U II i REGI NAL ROA 20 , , II ?' ii ii ro i ~~ ~~ Z 0 ~ y II N N ii it ~ i U ii II m ~ i ~ ii I v DARLINGTGN ~ II '~ I t I ~ ` ~ 675