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HomeMy WebLinkAboutPD-85-97DN: PD -85 -97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee y Monda July File # Date: , y 7 I , 1997 Report #: PD -85 -97 DEV 97 -034 Res. # 1= File #: By -law # Subject: REZONING APPLICATION - APPLICANT: GIBSON PART LOT 7, CONCESSION 9, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 97 -034 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -85 -97 be received; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63 submitted by Katrina and Russ Gibson be referred back to Staff for further processing. 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1 • APPLICATION DETAILS 1.1 Applicant: Katrina Gibson 1.2 Agent: Russ Gibson 1.3 Application: From "Extractive Industrial (M3)" and "Agricultural (A)" to allow the development of one single family dwelling. 1.4 Land Area: 2.24 hectares (5.53 acres) 2. LOCATION 2.1 The subject property is located in Part Lot 7, Concession 9, former Township of Darlington. As can be seen on the Key Map, Attachment No. 1, the property is on the north side of Regional Road 20, west of Liberty Street North. 607.. 3. BACKGROUND 3.1 The subject rezoning application was received by the Municipality of Clarington Planning and Development Department on May 20, 1997. The subject lands are predominantly zoned "M3" which prohibits residential uses. A strip approximately 10 metres deep across the frontage of the lot is zoned "A". Although this zone would permit a residential use, there is insufficent land within this zone to site a dwelling. The site was once used for aggregate extraction. However, in November 1987, the Ministry of Natural Resources, at the request of the owner, Gerald Balson, cancelled the aggregate licence for the site. Furthermore the Ministry's correspondence advised the site had been rehabilitated in accordance with the Pits and Quarries Control Act. 4. EXISTING AND SURROUNDING USES 4.1 The existing site is currently vacant 4.2 Surrounding land uses are as follows: South: agricultural land with limited residential uses East: agricultural land with limited residential use and an aggregate operation. North: vacant agricultural land West: agricultural land with limited residential uses 5. PUBLIC MEETING AND RESPONSE 5.1 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 and tenant within the 120 metre prescribed distance. As of the writing of this report no letters of objection or concern with regards to the application have been received. 607001 VIRMA 1 6. OFFICIAL PLAN POLICIES 6.1 Within the Durham Regional Official Plan the subject property is designated Oak Ridges Moraine within the Major Open Space System. The predominant use of lands in the Major Open Space System shall be conservation, recreation, reforestation and agricultural and farm - related uses. The development of a residence on a lot of record is permitted. 6.2 Within the Municipality of Clarington Official Plan the subject property is designated Oak Ridges Moraine. Uses permitted in the Moraine include conservation, reforestation, agriculture and passive recreational uses. Section 23.9 states that where a legally conveyable lot existed prior to approval of the Plan, one single family dwelling is permitted subject to conditions. The application is deemed to conform. 7. ZONING 7.1 The current zoning on the subject property is "Extractive Industrial (M3)" and Agricultural (A). The "M3" zone prohibits residential uses. There appears to be insufficient land zoned "A" to site a residence. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. To date comments remain outstanding from a number of agencies including the Central Lake Ontario Conservation, Regional Planning and Regional Works. 8.2 Regional Health Department and Clarington Public Works have both advised they have no objection to the application as filed. 9. STAFF COMMENTS 607002 9.1 The applicant is proposing to rezone the subject property to permit the development of a residence on a lot at one time used as an aggregate pit, and which is still zoned for aggregate extraction. This application is viewed as a last step in the process of rehabilitating the site. The site is not recognized in either the Regional or Clarington Official Plan for aggregate extraction. Furthermore the application is considered to be in keeping with the intent of both Official Plans, which encourage complete rehabilitation of pits and quarries. 9.2 In 1989, Planning Staff had commenced a process of, among other things, rezoning sites that are zoned M3, and are no longer licensed or have had a reduction in the area licensed for aggregate extraction by the Minister of Natural Resources. A Public Meeting was held in November 1989. A total of six (6) sites were to be rezoned as a result of this process. However, an amendment to the Durham Regional Official Plan was required prior to any zoning approval. The Region rolled this process into the preparation of the new Durham Official Plan. The Municipality than undertook, the Clarington Official Plan which was approved by the Region last October. Planning staff have now commenced an update of the Zoning By -law. Throught the Zoning Review, the six lots will be appropriately zoned in accordance with the policies in both Official Plans. 9.3 The Provincial Policy Statement requires existing aggregate operations to undergo "progressive rehabilitation to accommodate subsequent land uses ". The application conforms with this policy. Furthermore, the Natural Heritage policies, as they relate to the Oak Ridges Moraine, do not appear to be applicable for the development of one house on a vacant lot. 10. CONCLUSION 19.1 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 REPORT NO. PD -85 -97 PAGE 5 application submitted and for Staff to indicate issues or area of concern regarding the subject application. It is recommend the application be referred back to Staff for further processing and subsequent report upon receipt of all outstanding comments. Respectfully submitted, d raa"A-�, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CP *FW *km *Attachment No. 1 - Key Map 26 June 1997 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Russ and Katrina Gibson 5410 Old Scugog Road HAMPTON, Ontario LOB 1 JO 60700 I► II ►I ►I ►I II II II II II II II SUBJECT SITE LOT 8 LOT • • 5 ► ►, Q I► V) II , z REGIONAL R DARLINGTON KEY MAP P 20 ►I II ►I II � II it i DEV. 97 -034 607005 O J I,- z O V) V) w U z O U z O V) V) Lv U z O U S VT #