HomeMy WebLinkAboutPD-1-96DN: KERRY.GPA THE CORPORATION OF THE MUNICTIPALITY OF CLARINGTON
REPORe
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File # , 5. 0_7 7
Date: Monday, January 8, 1996 Res. # C ' _ 6
Report #:
Subject:
PD- 1 -96 File #;DEV 95 -077
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Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 1 -96 be received;
2. THAT the request submitted by Arnold and Gail Kerry for a zoning amendment
be referred back to staff for further processing and the receipt of all outstanding
comments;
3. THAT all the interested parties listed in this report and any delegation be advised
of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Arnold and Gail Kerry
1.2 Agent: Michael Fowler
1.3 Zoning: From Agriculture- Exception (A -6) to an appropriate zone in order to
facilitate the severance of the existing Farm Implement and
Equipment Sales and Service Establishment.
1.4 Area: A one (1) hectare portion of the applicant's 62.96 hectare holdings.
2. BACKGROUND
2.1 The subject lands are located on the north side of Taunton Road (Regional Road
#4) approximately 875 metres east of Regional Road #42 and are known
municipally as 3242 Regional Road #4.
REPORT NO.: PD- 1 -96 PAGE 2
2.2 The applicants applied in 1988 (DEV 88 -052) to amend the zoning on the subject
lands in order to permit the establishment of a Farm Implement and Equipment
Sales and Service Establishment. The application was subsequently approved
with an Agricultural- Exception (A -6) zone which stipulates a minimum lot area of
40 hectares (100 acres).
2.3 The applicant now wishes to sever the Farm Implement and Equipment Sales and
Service Establishment from the total farm holdings. Since the zone provisions
required a minimum lot area of 40 hectares, the severance application was tabled
by the Durham Land Division Committee to allow the applicants the opportunity
to address the issue of compliance with the zoning by -law.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 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 out to each
landowner within the prescribed distance.
3.2 As a result of the public notification process, the Planning and Development
Department has not received any written submissions with respect to the
proposal. However, the Planning and Development Department did receive one
(1) telephone inquiry from an abutting property owner who requested more
detailed information regarding the proposal.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject property is designated
Permanent Agricultural Reserve. Section 12.3.2 of the Regional Official Plan
states that lands designated Permanent Agricultural Reserve shall be restricted to
agricultural and farm related uses. The use of the property as a Farm Implement
and Equipment Sales and Service Establishment is not identified as a permitted
use.
REPORT .D •.
4.2 However, Section 20.4.4 of the Regional Official Plan states that local
municipalities may pass a zoning by -law to allow the continuation, expansion or
enlargement of uses which do not conform to the designations and provisions of
the Regional Official Plan. The Regional Planning Department has verbally
advised that this Section can be interpreted to include not only the continuation
but the severing of the existing use and therefore, the application can be
considered to be in conformity with the Regional Official Plan. Nevertheless, the
Planning and Development will await the receipt of written comments from the
Regional Planning Department.
5. AGENCY COMMENTS
5.1 In accordance with departmental procedures, the application has been circulated
in order to obtain comments from other departments and agencies. The following
provides a brief synopsis of the comments received to date.
5.2 The Regional Works Department has verbally advised that although they have no
objection to the proposal, the applicant will be required to dedicate a 5.18 metre
(17 foot) widening along Regional Road #4. The required widening would be
implemented through the land severance approval process.
5.3 Comments were also received from the Ministry of Agriculture, Food and Rural
Affairs, the Regional Health Department, the Public Works Department and the
Fire Department. None of the aforementioned agencies provided objectionable
comments with respect to the proposal.
6.1 As the purpose of this report is to provide the status of the application for the
Public Meeting and in consideration of the outstanding comments, it would be in
order to have the application referred back to staff for further processing.
5 J 3
REPORT • , -96 PAGE 4 1
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
WM *FW *df
Attachment #1 - Key Map
Attachment #2 - Survey
19 December 1995
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Michael L. Fowler and Associates
175 North Street
Port Perry, Ontario.
L9L 1 B7
Arnold and Gail Kerry
P.O. Box 717
Port Perry, Ontario.
L9L 1A6
504
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