HomeMy WebLinkAboutPD-151-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD151.96
REPORT
Meeting: General Purpose and Administration Committee File #'�y®
Date: Monday, November 4, 1996
Report #: PD- 151 -96 File #:
Res. #LAY6 °S,+( -�(
By -law #.
Subject: LAND DIVISION APPLICATION - MARIO VELTRI
PART • T 3 & 4, CONCESSION c FORMER TOWNSHIP OF
FILE: ILD 0.
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 151 -96 be received;
2. THAT the decision of the Land Division Committee, dated October 7, 1996, to
approve LID 170/96 be APPEALED to the Ontario Municipal Board and that Staff
be authorized to withdraw said appeal at such time as the Municipality's
conditions with respect to approval of a minor variance application and dedication
of a road widening has been properly addressed by the applicant.
3. THAT the interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 In September of 1996 an application was filed by Mario Veltri to sever a 40 ha
(98.84 acres) parcel while retaining a 38.35 ha (94.76 acres) parcel. The lands
are located east of Langstaff Road and south of Thertell Road, in Part Lot 3 and
4, Concession 8, former Township of Clarke (see attached).
1.2 At the Land Division Committee Meeting on October 7, 1996, Mr Veltri advised
the Committee that he purchased the property in two separate parcels in 1989,
but the titles merged through common ownership. He now proposed to re-
establish the two farms. Mr. Veltri explained that he rented the farm house to one
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REPORT NO. PD- 151 -96 PAGE 2
tenant, the barns to a second party and farm land to a neighbouring farmer who
cropped hay.
2.1 Within the Durham Regional Official Plan the subject property is designated
"Permanent Agricultural Reserve subject to Section 14.3" and "Major Open Space
- Oak Ridges Moraine ". The Durham Plan discourages the fragmentation of the
agricultural base and does not permit the creation of parcels for agricultural and
farm - related uses of less than 40 ha.
2.2 Discussion with Regional Planning Staff confirmed that, as the Land Division
Committee satisfied themselves that both parcels are of a size appropriate for the
agricultural uses proposed, Regional Staff will not be appealing the decision of
the Committee.
2.3 Within the Clarington Official Plan the subject property is designated Prime
Agricultural Area subject to Section 14.6, the Oak Ridges Moraine Policies. The
policies of the local Plan state lands designated as such may be used for farm
and farm - related uses. The Plan further encourages the consolidation of farm
parcels and requires new agricultural lots to have a minimum of 40 ha.
2.4 Section 24, Interpretation, states that a flexible interpretation of the figures,
measurements and quantities may be considered if warranted on valid planning
grounds. In consideration of the 1.65 ha difference in lot area requirement, the
application is considered to conform to the intent of the Official Plan policies.
3 ZONING
3.1 The current zoning on the subject property is "Agricultural (A) ". Lands so zoned
shall be primarily for farm uses. New lots within said zone require a minimum lot
area of 40 ha. The retained parcel of 38.35 ha does not comply with this
requirement.
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REPORT NO. PD- 151 -96 PAGE 3
4 PUBLIC WORKS DEPARTMENT COMMENTS
4.1 The Public Works Department, Engineering Division, reviewed the application and
provided conditions of approval. These comments were not included in the
original comments to Land Division as the application was not supported by the
Municipality. Public Works comments advised that Thertell Road is a forced road
deficient in width. As a result, a widening equal to half of the deficiency of
Thertell Road (2.5 metres) is requested as a condition of approval on the severed
parcel. Secondly, a sight triangle at the intersection Langstaff Road and Thertell
Road is required. The sight triangle required is 30 metres x 10 metres.
5 COMMENTS
5.1 Comments on behalf of the Municipality were forwarded to the Land Division
Committee prior to the October 7, 1996 meeting for the subject application. The
comments stated the application could not be supported as the application did
not meet the requirements of the zoning by -law.
5.2 After reviewing the various agency comments and hearing Mr Veltri's presentation
the Land Division Committee approved the application. The application was
approved without any conditions requiring the applicant to satisfy the
requirements of the Municipality, i.e: compliance with the zoning by -law and the
appropriate road widenings be dedicated.
5.3 Staff have discussed the situation with Mr Veltri who has verbally agreed to apply
for a minor variance application to deal with the lot size issue and dedicate to the
Municipality the required road widening and sight triangle. As there was no
condition(s) imposed by the Land Division Committee in favour of the
Municipality, the only way to ensure both of these conditions are fully satisfied,
and that a lot is not created contrary to the Zoning By -law 84 -63, is to appeal the
decision of the Land Division Committee to the Ontario Municipal Board. The
appeal would be withdrawn at such time as Mr Veltri has applied for and received
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REPORT NO. PD- 151 -96 PAGE 4
a favourable decision from the Committee of Adjustment and the required road
widening was dedicated to the Municipality.
6 CONCLUSION
6.1 In consideration of the decision of the Land Division Committee, and in order to
ensure that the lots being created comply with the Municipality's Zoning By -law
and address the need for road widening, the decision to approve the application
be appealed to the Ontario Municipal Board, and that Council authorize Staff to
withdraw said appeal at such time as the Municipality's conditions with respect
to the minor variance and road widenings have been properly addressed by the
applicant.
Respectfully submitted,
CP *FW *km
23 October 1996
*Attachment No. 1 - Key Map
No. 2 - Site Plan
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision.
Mario Veltri
1038 Pinetree Court
OSHAWA, Ontario
L1K 1P4
IN
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