HomeMy WebLinkAboutPD-50-97oN:oev97004.GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, April 21, 1997 Res. # I - a - 9 7
Report #:
PD -50 -97 File #: DEV 97 -004
By -law #
Subject: REZONING APPLICATION
PART LOT 24, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTO
i 004
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -50 -97 be received;
2. THAT application to amend the Comprehensive Zoning By -law 84 -63 of the former Town
of Newcastle, as amended, submitted by M & S Huber 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: M & S Huber
1.2 Owner: M & S Huber
1.3 Rezoning: From - Agricultural Exception (A -1)
To- a zone appropriate to permit the establishment of a commercial dog
kennel and to recognize the size of an existing accessory structure
which exceeds the maximum allowable floor area.
1.4 Area: 0.4 ha (1 acre)
601
REPORT NO.: PD -50 -97 PAGE 2
2. LOCATION
2.1 The subject lands are located in Part of Lot 24, Concession 6, former Township of
Darlington. They are identified as 6401 Solina Road.
3. BACKGROUND
3.1 An application to amend the Comprehensive Zoning By -law to permit the establishment
of a commercial dog kennel was received on January 17, 1997. Before staff would
circulate the application for comment, the applicant was required to confirm the subject
area. The applicant determined that the best size for the kennel would be 0.4 hectares
(one acre). The proposed location is on the south side of the driveway, adjacent to the
house and existing shed (Attachment #2).
3.2 Review of the application determined that the existing accessory structure being the
shed, exceeds the maximum allowable floor area for an accessory structure. In that a
rezoning application for the kennel has been made, it is only prudent that the issue of
non - compliance, being the size of the shed, be addressed at this time. The applicant
has made the necessary revisions to the application.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Rural Residential and Agriculture (Corn)
4.2 Surrounding Uses: East - Agricultural
West - Rural residential and Future Residential (18T89038)
within the Hamlet of Solina
South - Rural Residential
North - Rural Residential
5. OFFICIAL PLAN POLICIES
5.1 The lands are designated "Permanent Agricultural Reserve" in the Durham Region Official
Plan. The predominant use of land in this designation shall be agricultural and farm -
related uses, including the raising of animals.
602
161'EPORT O
PAGE 3
5.2 According to the Municipality's Official Plan, the subject lands are designated "Prime
Agricultural Area ". Lands so designated shall be used for agriculture and farm - related
activities.
6.1 The lands are currently zoned "Agricultural Exception (A -1) ". The uses within this zone
are more restrictive then the Agricultural (A) zone and as such do not allow the
establishment of a commercial dog kennel.
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 has come forward noting concerns regarding the potential noise which may
be generated from this use.
7.3 A second resident has also noted noise concerns and that the proposed use will reduce
the property values in the surrounding area.
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
• Municipality of Clarington Fire Department
Durham Region Health Department
603
.O PD-50-97
PAGE 4
8.2 The Central Lake Ontario Conservation stated they have no objection to the application
but note that a permit will be required prior to construction of any structure.
8.3 Comments have yet to be received from the Durham Region Planning Department.
9.1 Staff note that the Durham Region Official Plan allows kennels on existing lots of record
within the Permanent Agricultural Reserve designation provided that the use is
appropriately zoned. The use must also not create a nuisance, have no adverse impacts
on surrounding farm operations and it must conform to the local official plan.
Consideration must be given to the fact that the subject site is located across the road
from the north west extension of the Hamlet of Solina.
9.2 The size of the shed is a separate and distinct issue which merits different considerations
then the proposed kennel use. In 1990 the Ontario Building Code was changed
requiring the issuance of building permits for farm structures. Prior to that, farm
structures did not need a permit. This shed was constructed prior to 1990 and municipal
records indicate that when construction was underway it was classified as a farm
structure. The Comprehensive Zoning By -law does not restrict the size of farm
structures.
However, the applicant has stated that it is not a farm structure and he has no intention
of using it for farm purposes. As such the structure is accessory to the residential use,
not a farm use, and must meet the minimum standards of the comprehensive by -law.
9.3 It is noted that the applicant has advised Staff that he has contacted those residents who
have made written submissions to discuss their concerns.
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
604
REPORT NO.: PD -50 -97 PAGE 5
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,
Reviewed by,
Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell
Director of Planning Chief Administrative
and Development Officer
HB *LT *FW *df
8 April 1997
Attachment #1 - Key Map
Attachment #2 - Site Plan
Interested parties to be notified of Council and Committee's decision:
M & S Huber
6401 Solina Road
Hampton, Ontario
LOB 1 JO
Mr. and Mrs. Konzelmann
6255 Solina Road
Hampton Ontario
LOB 1 JO
Mr. and Mrs Bray
6301 Solina Road
Hampton
LOB 1 JO
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