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
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