HomeMy WebLinkAboutPD-33-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: VISSERS.GPA
REPORT
P U B L I C M E T I N G
Meeting: General Purpose and Administration Committee File # 1 j Ls) Is 00`-
Date: Monday, April 3, 1995
Res. #()P(4
Report #:PD -33 -95 File #: DEV 95 -002 (X -REF: LD 264/94) By-law #
Subject:
REZONING APPLICATION - ANTONIUS VISSERS
PART LOT 16, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 95 -002 (X -REF: LD 264/94)
RecommendVPis respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -33 -95 be received;
2. THAT the zoning amendment application be referred back to
Staff for further processing and the preparation of a
subsequent report following the receipt of the outstanding
agency comments; and
3. THAT all interested parties listdd in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Antonius Vissers
1.2 Zoning: from in part "Agricultural (A)" and in part
"Environmental Protection (EP)" to an
appropriate zone or zones in order to permit
the severing of a .4 hectare parcel of land
containing an existing farmhouse
1.3 Area subject to zoning application: 4. hectares (1 acre)
1.4 Area of other lands owned by applicant: 22.8 hectres (56.33
acres)
2. BACKGROUND
2.1 The applicant applied in August of 1994 to sever a .4 hectare
(1 acre) parcel of land from an existing 23.2 hectare (57.33
acre) parcel of land and retain the remaining 22.8 hectare
(56.33 acre) parcel. The application was tabled by the
Regional Land Division Committee since the severed parcel did
....2
REPORT NO. PD -33 -95 PAGE 2
not comply with the lot frontage and lot area requirements of
Comprehensive Zoning By -law 84 -63.
2.2 In January of 1995, the applicant applied to amend
Comprehensive Zoning By -law 84 -63 in order to permit the
severing of the .4 hectare parcel of land containing the
existing farmhouse.
2.3 The proposal is situated on a 23.2 hectare (57.33) acre parcel
of land located in Part of Lot 16, Concession 5, in the former
Township of Darlington as shown on Attachment # 1.
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 to each
landowner within the prescribed distance.
3.2 As a result of the public notification process, the Planning
and Development Department has received two (2) telephone
inquiries with respect to the proposal. Both inquiries
requested more detailed information regarding the proposal.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject property
is designated in part General Agricultural and in part Major
Open Space with an overlying Hamlet symbol. The limits of the
Hamlet and the use of land within the Hamlet shall be detailed
within the Municipality's Official Plan.
4.2 Within the Official Plan of the former Town of Newcastle, the
....3
REPORT NO. PD -33 -95 PAGE 3
subject property is designated "Existing Residential" on
Schedule 9 -7. Therefore, the application would appear to
conform with the Official Plan for the former Town of
Newcastle.
5. ZONING BY -LAW COMPLIANCE
5.1 Within Comprehensive zoning By -law 84 -63 of the former Town of
Newcastle, the subject property is zoned in part Agricultural
(A) and in part Environmental Protection (EP). In order to
permit the severing of the existing farmhouse, an amendment to
the zoning 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 summary of the
comments received.
6.2 The Regional Health Department has reviewed the application
and objects to the proposal since the septic system for the
existing house is presently located on the retained parcel.
The Regional Health department has advised that the applicant
will have to apply to relocate the existing septic system.
6.3 The Ministry of Natural Resources has reviewed the proposal
and notes that the subject property is adjacent to a tributary
of Bowmanville Creek which has been identified as a cold water
fisheries resource. Therefore, the Ministry of natural
Resources is concerned that the proposal may have impacts upon
the watercourse unless the by -law amendment recognizes the
environmentally sensitive nature of the area. Accordingly,
the Ministry has no objection to the proposal provided the
amendment includes an Environmental Protection zoning along
the streambanks of the watercourse with a minimum width of 30
metres or to the top of bank, whichever is greater.
....4
REPORT NO. PD -33 -95 PAGE 4
6.4 The Community Services Department has reviewed the application
and has 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.
Staff advise, for the Committee's and the applicants
information, that this condition would be imposed through the
consent approval process.
6.5 The balance of the circulated agencies which provided comments
were the Ministry of Agriculture and Food, the Regional
Planning Department, the Public Works Department and the Fire
Department. None of the aforementioned agencies have provided
objectionable comments with respect to the proposal. Comments
remain outstanding from the Central Lake Ontario Conservation
Authority.
7. STAFF COMMENTS
7.1 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.
Respectfully submitted,
a V\ kq--U,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
WM *FW *cc
Attachment # 1 - Key Map
Attachment # 2 - Survey
March 23, 1995
Reviewed by,
W. H. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's
decision:
Antonius Vissers
5495 Enfield Road
R. R. #1
Hampton, Ontario LOB 1J0
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