HomeMy WebLinkAboutPD-80-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: r&MAN.GPA
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #�b
Date: Monday, June 3, 1996 Res.
Report #:
PD -80 -96 File #: DEV 95 -015
By-law #
Subject: REZONING APPLICATION
APPLICANT: TYLMAN, TYLMAN, HASSALL & HASSALL
PART LOT 17, CONCESSION 1, FORMER TOWNSHIP OF CLARKE
SOUTHWEST CORNER OF MORGANS ROAD AND HIGHWAY TWO
FILE: DEV 96 -015
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -80 -96 be received;
2. THAT the application to amend the former Town of newcastle Comprehensive
Zoning By -law 84 -63 submitted by Barry Jones on behalf of Charles Tylman,
Bernice Tylman, Peter Hassall and Paula Hassall be referred back to Staff for
further processing and preparation of a subsequent report pending receipt of all
outstanding comments; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicants: Charles Tylman, Bernice Tylman, Peter Hassall and Paula Hassall
1.2 Agent: Mr. Barry Jones
1.3 Application: From "Agricultural Exception (A -3)" to an appropriate zone to permit
the manufacturing and retail sales of custom wooden crafts and
furniture in an existing 260 m2 (2799 sq. ft.) accessory structure.
1.4 Site Area: 3.2 hectares (7.9 acres)
MWA
501
REPORT NO. PD -80 -96 PAGE 2
o • •
2.1 The subject site is located at the south east corner of Highway Two and Morgans
Road, 1706 Morgans Road, Part Lot 16, Concession 1, former Township of
Clarke.
3. BACKGROUND
3.1 On April 9, 1996, Mr. Barry Jones filed an application on behalf of the properly
owners, Charles Tylman, Bernice Tylman, Peter Hassall and Paula Hassall, to
amend the former Town of Newcastle Zoning By -law. The purpose of the
application is to change the zoning from "Agricultural Exception (A -3)" to an
appropriate zone to permit the manufacturing and retail sales of custom wooden
crafts and furniture in an existing 260 m2 accessory building. The A -3 zoning, in
addition to other uses permitted in the Agricultural zone, permits a garden nursery
sales and supply establishment. The existing accessory building was once used
as a garden nursery outlet. Prior to the submission of the application staff had
several discussions with Charles Tylman regarding the rezoning proposal.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: residential and vacant garden supply outlet
4.2 Surrounding Uses: East - rural residential
West - rural residential
North - rural residential
South - woodlot
5. OFFICIAL PLAN POLICIES
5.1 The subject lands are designated "Major Open Space" within the 1991 Durham
Regional Official Plan. The predominant use of lands in the Major Open Space
designation shall be for conservation, recreation, reforestation, agriculture and
farm - related uses.
502
....3
REPOR NO. PD -80 -96 PAGE 3
Section 21.3 of the Regional Plan states that examples of permitted uses are
included in the Plan "to illustrate the range of activities permitted in each
designation ". Specific uses are to be "defined at such time as the area municipal
official plans and /or zoning by -laws come into effect ".
As of the writing of this report Regional staff have not provided comments on the
proposal.
5.2 Within the Council adopted Clarington Official Plan the subject property is
designated "Green Space ". The Green Space designation shall be used primarily
for conservation and active or passive recreational uses. Home -based
occupations and limited home industry uses are also permitted.
Home industry uses are defined in Section 24.12 as being small scale industrial
uses such as "furniture restoration, small engine repair, welding, crafts...., which
is accessory to a single detached dwelling ". The Official Plan also allows a home
industry to be conducted in whole or in part in an accessory structure. The
application appears to conform to the policies of the Clarington Official Plan.
6. ZONING BY -LAW CONFORMITY
6.1 The subject property is currently zoned "Agricultural Exception (A -3) ". The A -3
zone permits residential uses, including home occupations, agricultural uses, and
a garden nursery sales and supply establishment. The home occupation
provision allows limited types of home occupations but they must be conducted
solely within the principal dwelling unit. An accessory building cannot be used
to house a home occupation. As the proposed use does not comply with the
zoning by -law this application was warranted.
503
....4
REPORT NO. PD -80 -96 PAGE 4
7. PUBLIC NOTICE AND SUBMISSIONS
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 As of the writing of this report, no written submissions have been received. One
telephone inquiry was made requesting general information.
8. AGENCY COMMENTS
8.1 The application was circulated to obtain comments from relevant agencies and
departments. The following had no objections to the application as filed:
• Regional Health Department
• Clarington Fire Department
• Clarington Public Works Department - Parks
• Clarington Public Works Department - Engineering
• Ganaraska Region Conservation Authority
8.2 Comments remain outstanding from the following agencies /departments:
• Regional Planning Department
• Regional Public Works Department
• Clarington Building Department
• Ontario Hydro
9. STAFF COMMENTS
9.1 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, R.S.O. 1990, it is respectfully requested that this report
be referred back to staff for further processing and the preparation of a
subsequent report upon receipt of all outstanding comments.
....5
504
REPORT NO. PD -80 -96 PAGE 5
Respectfully submitted,
0
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
I L *FW *cc
Attachment # 1 - Key Map
Attachment # 2 - Plot Plan
May 22, 1996
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Charles Tylman, Bernice Tylman,
Peter Hassall and Paula Hassall
1706 Morgans Road
Newcastle, Ontario
1_16 11-0
Barry Jones
New Castle Drafting
76 Baldwin Street
Newcastle, Ontario
1_113 1H1
5105
Attachment -* I
Attachment *2
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