The URL can be used to link to this page

Home My WebLink AboutPD-119-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: CHASKAVICH.GPA Meeting: General Purpose and Administration Committee File # Date: Tuesday, September 7, 1993 PD-119-93 DEV 93-005 #: File#: # Subject: REZONING APPLICATION - WAYNE CHASKAVICH PART LOT 24, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 93-005 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-119-93 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84- 63 of the former Town of Newcastle, submitted by Wayne Chaskavich be DENIED; 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Wayne Chaskavich 1.2 Owner: John Chaskavich 1. 3 Rezoning: from Agricultural (A) to an appropriate zone or zones in order to permit the development of one (1) additional single family lot through the consent process. .94 hectares (2.32 acres). 1. 4 Area: 2 . BACKGROUND 2.1 On February 26, 1993, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the development of one (1) additional single family dwelling lot through the consent process. 0.0.2 33 RECYCLED PAPIER PAPER RECYCLE REPORT NO. PD-l19 -93 PAGE 2 2.2 The subject lands are situated on a .94 hectare (2.32 acre) parcel of land located at the south-east corner of Highway # 2 and Solina Road but is more formally described as Part Lot 24, Concession 2, in the former Township of Darlington. 3. PUBLIC NOTICE 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 A Public Meeting was held on May 3, 1993 at which time the applicant's solicitor addressed Committee in order to answer any questions the Committee may have had. Although no other area resident addressed Committee at the Public Meeting, Staff did receive one (1) telephone inquiry from an abutting property owner who requested more detailed information regarding the proposal. 4. OFFICIAL PLAN CONFORMITY 4.1 within the 1976 Durham Region Official Plan and the 1991 Durham Region Official Plan, the subject property is designated Major Open Space. Both the 1976 and the 1991 Region Official Plans discourage the development of new non- farm rural residential dwellings within the Major Open Space designation. However, both the 1976 and the 1991 Regional Official Plans permit the creation of a new non-farm rural residential dwelling lot on an infilling basis between two (2) existing dwellings in a rural cluster recognized in the zoning by-law. 4.2 Although the proposed lot would be created between two (2) 0...3 ,<\)1 it ,j t REPORT NO. PD- 119-93 PAGE 3 existing dwellings, the surrounding area has not been recognized as a cluster in the zoning by-law. Therefore, the application cannot be considered to be in conformity with the 1976 or the 1991 Regional Official Plans. In order to permit the creation of the lot on an infilling basis, the subject property and the surrounding area must first be zoned as a rural cluster. At this point, it should be noted that the current application is proposing to amend the by-law to permit one (1) additional lot and does not involve other abutting properties. The rezoning of one (1) lot cannot be construed as a rural cluster. 5. ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle the subject property is zoned Agricultural (A), which requires a minimum of 100 metres of frontage and 40 hectares of lot area for newly created lots. The subject property has .94 hectares of lot area and the applicant has therefore applied to amend the zoning by-law in order to permit the creation of one (1) additional dwelling through the consent process. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application has been circulated in order to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received. 6.2 The Regional Health Department has reviewed the application and object to the proposal due to the fact that the proposed lot is insufficiently sized in its present state to allow for private sewage disposal. 0...4 l'~\ .JJ REPORT NO. PD- 119-93 PAGE 4 6.3 The Ministry of Transportation has reviewed the proposal and note that access to the newly created lot will be restricted to Solina Road and no direct access to Highway # 2. However, the Ministry subsequently advised that it would appear that the Ministry of Transportation owns a triangular piece of property along the Solina Road frontage which would be used as part of a future intersection. The Ministry further advises that it is unclear whether there is sufficient space within which to accommodate an access. 6.4 The Ministry of Agriculture and Food advise that they have no objections to the application. However, the Ministry notes that a letter of "no objection" does not indicate support for the application and the Ministry further acknowledges that other agencies may have planning concerns. 6.5 The Municipality of Clarington Public Works Department has no objection to the proposal subject to the applicant providing a lot grading and drainage plan satisfactory to the Director of Public Works. 6.6 The Municipality of Clarington Community services Department has no objection to the proposal subject to the applicant providing 5% cash-in-lieu of parkland dedication with the funds realized being credited to the Parkland Reserve Account. 6.7 The only other agencies to provide comments with respect to the proposal were the Municipality of Clarington Fire Department and the Central Lake ontario Conservation Authority. Neither of these agencies provided objectionable comments with respect to the proposal. ....5 36 REPORT NO. PD-119-93 PAGE 5 7. STAFF COMMENTS 7.1 The applicant intends to rezone the subject property in order to permit the creation of one (1) additional lot through the consent process. In order for the application to be considered, Council must be satisfied that the subject property forms part of a rural cluster. The recognition of the subject property, and the surrounding area, as a distinct cluster would need to be established through the circulation process involving surrounding residents and a rezoning application to initiate the recognition of a cluster. There is no indication at this time that any nearby residents wish to be involved or wish to have ,the zoning on their property amended to the Rural Cluster (RC) zone. 7.2 The Rural Cluster (RC) zone requires a minimum of 3000 square metres of lot area and a minimum of 30 metres of frontage. Notwithstanding the fact that the lots in the surrounding area currently contain dwellings, none of the lots in the immediate vicini ty of the subj ect property would meet both of the minimum requirements of the Rural Cluster (RC) zone with respect to lot area and lot frontage (See Attachment # 1). These lots are zoned Agricultural (A) and currently enjoy legal non-complying status under By-law 84-63. 7.3 Furthermore, as noted earlier, the Regional Health Department has objected to the proposal due to the insufficient lot size and the Ministry of Transportation has advised that it is unclear whether an access to the proposed lot could be accommodated. 8. CONCLUSION 8.1 In consideration of the comments contained wi thin this report, the Planning and Development Department respectfully recommends that the application be DENIED. ....6 ~) 37 REPORT NO. PD-119-93 PAGE 6 Respectfully submitted, Recommended for presentation to the Committee ~ ~0ClJv' Franklin Wu, M.C.I.P. Director of Planning and Development Lawrence E. Kotsef Chief Administr~i e Officer WM*FW*cc Attachment # 1 - Attachment # 2 - Attachment # 3 - Subject property and surrounding area Key Map Survey 10 August 1993 Interested parties to be notified of Council and Committee's decision: Wayne Chaskavich 61 Prospect Avenue Bowmanville, Ont LlC 3G9 Ron Worboy 153 Simcoe Street North Oshawa, Onto LlH 7K8 Ministry of Transportation Transportation Corridor, Management Office 2nd Floor, West Building 1201 Wilson Avenue Downsview, Ont M3M 1J8 ~) 3 8 -- I ATTACHMENT :iF 1 o S 0::: HIGHWAY Nl?- 2 3033 sq, m, <{ Z ..J o (/) Emm LANDS SUBJECT TO ZONING m AMENDMENT APPLICATION ~ OTHER LANDS OWNED BY ~ APPLICANT 1""""""""'1 OTHER LANDS REQUIRED FOR Irr:IHI RECOGNITION OF A RURAL CLUSTER ")39 ATTACHMENT -#2 ~ SUBJECT SITE LOT26 LOT 25 LOT 24 LOT 23 NASH ROAD o <t o cr ~ u o u Z <t I o <t o cr <t Z -.l o , A~ BLOOR STREET KEY MAP o 500 1000 m ~ I 500m Dev.93-005 J40, C\J ~ ~ .0 t'l I) 0 .~ vi fl'l~ Z ,(1 L r-", 't , 'C .'''1' 'I Ol ('l . \5 Of ~ 7.. ~ W J: \- ,) ,4 0 I\) (l t ~ UJ ~ \U t) ~~ 111 'f ,<1- lJ\ 'I) ., L r- l- t'- 7 2 11'+"/1 I "h ! i Nlls1>-3) , ':>NICll,n'i< '::<Jol2 j -'3:>iu-1s: , ------ ,~ lSi><a} --- ~N,qlln2 >1=1'>/ ~3:>i ois z: I ill ~ v? ;' Ii. ~ '..'l ~ I? l- \' VI "- 1{) - 0 ~ li.~ \C 00 G;;>I .tl ' ~, o ~ g~- '0 --1 (l III .)- Il\g ~v\ r-r- Z CO'oZ I o o Ii N () () U\ ' ,,) ,L S ~bl i":.o:z..' .v-'; ';,.~ M,-vO.<;;;,.! SD\\f\o... \~Oo,d. 'J 4 1 ATTACHMENT -#3 ,S;!- L:JI o \f\ () \'l ~l If\ ( if, l- e>!. e: \', N ~ ~ + o V- Q VI t 't S.l"'Lol ~ ~