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HomeMy WebLinkAboutPD-29-94Subject: REZONING APPLICATION - FRANCIS QUANTRILL PART LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE FILE: DEV 94 -003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -29 -94 be received; 2. THAT the application to amend Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle submitted by Francis Quantrill be referred back to staff for further processing; 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Agent: 1.3 Rezoning: 1.4 Area: Francis Quantrill Irwin Hamilton From in part Urban Residential Type One - special Exception (R1 -2) and in part Environmental Protection to an appropriate zone or zones in order to permit the development of two (2) additional residential lots with private sewage disposal systems and private water supply systems. .88 hectare (2.17 acres) 2. BACKGROUND 2.1 In September of 1992, the Planning and Development Department was advised by the Land Division Committee of two (2) applications for severance in Part Lot 28, Concession 5 in the former Township of Clarke. Since the zone category required the development of the land with municipal water and private sewage disposal systems, the E1PEAR PAPER � 01 RECYCLE TH BPRIMED 4RECYCLEDPAPER REPORT NO.: PD -29 -94 PAGE 2 Planning and Development Department recommended that the application be tabled to allow the applicant the opportunity to address the issue of zoning by -law compliance. 2.2 In January of 1994, the Planning and Development Department received an application to amend Zoning By -law 84 -63 in order to permit the development of two (2) additional residential lots with private sewage disposal systems and private water supply system. The creation of the two (2) proposed lots could then be facilitated through the related Land Division Committee applications (LD 163/92 and LD 164/92). 2.3 The lands subject to the application are situated on a .88 hectare (2.17 acre) parcel of land located at the south -east corner of the intersection of Regional Road 17 (Main Street in Orono) and Regional Road 4 (Taunton Road) but is more formally described as Part Lot 28, Concession 5, in the former Township of Clarke. 3. PUBLIC NOTICE 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 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 or inquiries with respect to the proposal. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan the subject property is designated as a Living Area. Residential uses are intended to be the predominant use of land so designated. Therefore, the application appears to conform with the Durham Regional Official Plan. ` U2 REPORT NO.: PD -29 -94 PAGE 3 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 Urban Residential Type One - Special Exception (R1 -2) and in part Environmental Protection (EP). The Urban Residential Type One - Special Exception (R1 -2) zone requires the development of land with municipal water and private sewage disposal systems. As the applicant is proposing to create two (2) additional lots with private water supply systems and private sewage disposal systems, the applicant has applied to appropriately amend the Zoning By -law. 6. AGENCY COMMENTS 6.1 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. 6.2 The Community Services Department has advised that they have no objection to the proposal subject to the applicant providing 5% cash -in -lieu of parkland dedication with the funds realized being credited to the Parks Reserve Account. 6.3 The Ganaraska Region Conservation Authority has reviewed the application and advised that they have no objection to the proposal. However, the Authority did note that a portion of the subject lands are located within the Authority's Fill, Construction and Alteration to Waterways limits. As such, a written permit is required from the Authority prior to any construction on the subject lands. In addition, the Authority recommends that the existing Environmental Protection zone remain in place. 6.4 The balance of the agencies which provided comments were the Municipality of Clarington Fire Department, the Regional Health Department, and the Ministry of Natural Resources. None of the aforementioned agencies have provided objectionable comments with ID I I respect to the proposal. The Public Works Department and the Regional Planning Department have yet to respond to the proposal. 7. STAFF COMMENTS 7.1 In consideration of the comments contained within this report and in consideration of the outstanding comments, it would be in order to have the application referred back to Staff for further processing. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development WM *FW *df Attachment #1 - Key Map Attachment #2 - Survey 8 March 1994 Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Frances Quantrill 5955 Main Street Orono, Ontario. LOB 1M0 irwin Hamilton P.O. Box 39 1 Division Street Bowmanville, Ontario. L1C 3K8 U4' I Dev. 94�003