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Home My WebLink AboutPD-51-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: NEWELL.GPA C ®T EPOR PUBLIC MEETING Meeting: General Purpose and Administration Committee File #xN \,EV,q % - S Date: Monday, April 21, 1997 R - pv 9 es. Report #: PD -51 -97 File #: DEV 97 -015 By -law #_ Subject: REZONING APPLICATION - PETER & CHRISTOPHER NEWELL PART LOT 11, CONCESSION 7, FORMER TOWNSHIP OF CLARKE FILE: DEV 97 -015 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -51 -97 be received; 2. THAT the application to amend the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, as amended, submitted by Peter and Christopher Newell, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments, taking into consideration all of the comments reviewed; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision, 1. APPLICATION DETAILS 1.1 Applicant: Peter Newell 1.2 Owner: Peter and Christopher Newell 1.3 Rezoning: From "Agricultural (A)" to a zone appropriate to permit the establishment of a home industry use being a woodworking shop within the existing barn and shed 1.4 Area: Approximately 0.6 hectares REPORT NO. PD -51 -97 PAGE 2 2.1 The subject lands are located in Part Lot 11, Concession 7, former Township of Clarke. Although the entrance leading to the barn and shed is located off of White Road, the Municipal address is 4380 Regional Road 9. 3 BACKGROUND 3.1 On February 14, 1997 an application to amend the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle was received. The purpose of this application is to allow the establishment of a woodworking shop as a home industry use. The applicant has revised the application to rezone only the existing barn and shed which is approximately 0.6 hectares in area, 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses; Rural Residential and existing woodworking shop 4.2 Surrounding Uses; East - Agricultural West - Forested South - Agricultural North - Forested 5 OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan the subject lands are designated "Oak Ridges Moraine ". Lands designated Oak Ridges Moraine shall be used for conservation purposes. 5.2 In the Clarington Official Plan, the subject lands are designated Oak Ridges Moraine. The predominant uses shall be conservation, reforestation, agriculture and passive recreational. Limited home industry uses are permitted within this designation. 609 REPORT NO. PD -51 -97 PAGE 3 6 ZONING BY -LAW PROVISIONS 6.1 According to the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, the subject lands are zoned "Agricultural (A) ". The predominant uses permitted within the Agricultural zone are farm and farm related uses. Home industry uses are not permitted. 7 PUBLIC MEETING AND SUBMISSION 7.1 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. 7.2 One resident had called requesting verification as to the specifics of the application. This resident only expressed concern regarding future expansion. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies in providing comments, offered no objection to the application as filed; Municipality of Clarington Public Works Department Ganaraska Region Conservation Authority Durham Region Health Department 8.2 Although the Municipality's Fire Department had no objection to the application, they note that the structure must comply with the Ontario Fire Code. An inspection will be required. 610 REPORT NO. PD -51 -97 PAGE 4 8.3 The Municipality's Building Division also required that the structure comply with the Ontario Building Code. 8.4 Comments have yet to be received from the Durham Region Planning Department. 9 STAFF COMMENTS 9.1 The applicant has expressed that his brother is a "self- employed custom builder" who is considering hiring a few local people on a part -time basis to help with his business. He on occasion uses wood from the on -site managed woodlot. The equipment is presently located in the barn. The zoning by -law does not contain any provisions for home industry uses. It only prescribes home occupation uses which must be situated within the residence. 9.2 The Clarington Official Plan defines Home Industry as: "A small scale industrial use such as furniture restoration, small engine repair, welding, crafts, or producing value -added agricultural products such as cider, honey or wine, which is accessory to a single detached dwelling. It shall not include outside storage of materials or the storage of commercial motor vehicles. A home industry may be conducted in whole or in part in an accessory or farm building." The applicant not only uses wood from the woodlot on site, but he operates the business from the on -site barn and shed. The use can be considered similar in kind to furniture restoration. 9.3 At this time, conformity with the Durham Region Official Plan is unclear as the Regional Planning Department has not yet responded to our circulation. REPORT NO. PD -51 -97 PAGE 5 10 CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions. Respectfully submitted, f 7; Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development HB *FW *cc Attachment # 1 - Key Map April 8, 1997 Reviewed by, W. H. Stockwel Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Peter Newell and Christopher Newell General Delivery Kendal, Ontario LOA 1 EO Peter Newell Meighan Demers 200 King Street West Suite 1100 Toronto, Ontario M51-1 3T4 Wayne and Jocelyn Lywak 7481 White Road Kendal, Ontario LOA 1 EO 612 ATTACHMENT #1. SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 13 LOT 12 LOT 11 LOT 10 C SSIONi D 8 II IIU 113 I II° I IfQ I III I I I a ry I� I W = I U � I Z 0 I U I I i GANA AS KA ROAD rm MAp DEV. 97 -015 613