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Home My WebLink AboutPD-12-96DN: KERRY.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I 0 8 ' Meeting: General Purpose and Administration Committee File # T%l c 7 % Date: Monday, January 22, 1996 Res. Report #: PD -12 -96 File #: DEV 95 -077 (X -REF: LD 176/95) By -law #mss,. / Subject: REZONING APPLICATION - APPLICANT: ARNOLD & GAIL KERRY 3242 REGIONAL ROAD #4 FILE: DEV 95 -077 (X -REF: LD 176/95) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -12 -96 be received; 2. THAT the request submitted by Arnold and Gail Kerry for a zoning amendment be APPROVED; 3. THAT the attached By -law be passed; 4. THAT a copy of this report and the By -law be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1.1 Applicant: Arnold and Gail Kerry 1.2 Agent: Michael Fowler 1.3 Zoning: From "Agricultural 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. 111W 529 REPORT NO. PD-12-96 PAGE ig 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. 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 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 A Public Notice sign was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 A Public Meeting was held on January 8, 1996. No resident spoke in opposition or in support of the proposal but the applicant's agent addressed the Committee. The Planning and Development Department has not received any written submissions with respect to the proposal. However, one (1) telephone inquiry was received from an abutting property owner who requested more detailed information regarding the proposal. ....3 W REPORT NO. PD -12 -96 PAGE 3 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. However, Section 20.4.4 of the Regional Official Plan states that local municipalities may by -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 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. 5. ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject property is zoned in part "Agricultural (A)" and in part "Agricultural Exception (A -6) ". Although the "Agricultural Exception (A -6)" zone permits the current use of the property, the zone provisions require a minimum lot area of 40 hectares. Since the applicant intends to sever a one (1) hectare portion of the property in order to create a separate lot for the Farm Implement and Equipment Sales and Service Establishment, an amendment to the by -law is required. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received to date. W 531 REPORT NO. PD -12 -96 PAGE 4 6.2 The Regional Works Department has advised that although they have no objection to the proposal, the applicant will be required to dedicate a widening along Regional Road # 4. Nevertheless, the provision of any required widening would be implemented through the consent process. 6.3 Comments were also received from the Ministry of Agriculture, Food and Rural Affairs, the Regional Health Department, the Public Works Department, including the Parks Division and the Fire Department. None of the aforementioned agencies provided objectionable comments with respect to the proposal. 7. STAFF COMMENTS 7.1 The application has been reviewed within the context of the Regional Official Plan, the Comprehensive Zoning By -law and the characteristics of the surrounding area. As previously stated, the subject lands contain an existing Farm Implement and Equipment Sales and Service Establishment, which services the surrounding agricultural community. The proposed lot is of sufficient size to accommodate both the existing parking area as detailed in the existing site plan agreement and the existing septic system. 7.2 The attached By -law provides a special exception to the "Agricultural (A)" zone which would recognize not only the use of the property but the lot area, following the dedication of the widening to the Regional Municipality of Durham. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, Staff recommend approval of the attached zoning by -law amendment, as applied for. ..5 532 REPORT NO. PD -12 -96 PAGE 5 Respectfully submitted, WM *DJC *cc Attachment # 1 - Key Map Attachment # 2 - Survey January 15, 1996 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Michael L. Fowler & Associates Barristers and Solicitors 175 North Street PORT PERRY, Ontario L9L 1 B7 Arnold and Gail Kerry P.O. Box 717 PORT PERRY, Ontario L9L 1A6 Mal • 1 z 0 Y rill g U Z O Z J SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 35 LOT 34 LOT 33 LOT 32 NIXON CLARKE KEY MO lk m am ' • G�l • � i f old, AUNTON RO JIVEV.95-077 534 0 V) V) 0 z 0 0 e SHOWING .OT 34 , CONCESSION 6 , )F CLARKE , now in the OF NEWCASTLE 4UNICIPALITY OF DURHAM TRIC! 0\ PRa wfo OWE', 1cp\ Ate' O �G AREA 6/11 ,gyp - 00 ha. PROPOSED �• SuRFAG£ rgEA rED ORAV£[ Q ATTACHMENT *2 • i I 2 N O .9 i PPARK /NOD J i J I v Q — .. Off\ • ... V -- PROPOSED BUILDING —�_- v riR�enco rLOOR Dc so P N e R4 ^ ' pSb ' 8 O�\ V •��9' 0 Y �`t• O 0 • op ``vv 41 i O A� • o o O o WAI9M1 PROPOSED -- I SEPTIC TILL BED - _ 4 0, I ------ ----- _. 8 e � I a' PROPOSED j SURFACE rgEA rEO GgAVEt SODDED AAOL [ OF \ QQS LOr JI, LORf 4 4� 0 41 1 6b 9 n^ n r 100.00 A. _- "' nasiirmTuvTAr w —4 a�� 6R411L SHWLDfA--1 e04 q� f i• LOO[ 1 .. OF AfINKr .qe ,r=. TA UIVTOIV or ROAD Apmir ROAD ALLOWANCE BETWEEN C(M/CF.S.S /nN.S 3 5 a I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 96- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to i implement DEV 95 -077. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 "Special Exception - Agricultural (A)" zone of By -law 84 -63, as amended, is hereby further amended by adding the following new subsection 6.4.52: "6.4.52 AGRICULTURAL EXCEPTION (A -52) ZONE Notwithstanding Sections 6.1 and 6.3, those lands zoned A -52 on the Schedules to this By -law may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for a farm implement and equipment sales and service establishment subject to the following special regulations: a) Lot Area 8000 square metres" 2. Schedule "2" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from: "Agricultural - Special Exception (A -6)" to "Agricultural - Special Exception (A -52)" 3. Schedule "A" attached hereto shall form part of this By -law. 4. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1996. BY -LAW read a second time this day of 1996. BY -LAW read a third time and finally passed this day of 1996. MAYOR CLERK This is Schedule "A!' to By—law 96— 0 passed this day of -1 1996 A.D. SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 35 LOT 34 LOT 33 LOT 32 o _____J L I III I I I ---A I 0 )NC _S ION . RTD 7 _K Ld _j z T O Q II0 NIX II z .............. II C) z 0 0 _j ry CLARKE . ...... . . . . . . . . . . . . ..... .. . .. . . . ..... . . . ......... . . .. . .. . .. . .. .. . . . . . . . .......... . .. .. .. .. .. .... .. .. .. .. . .... .. . ... ... .. . ... ... . F___��TAUNTOk ROO I