HomeMy WebLinkAboutPD-55-95UNFINISHED BUSINESS
DNS VrSSERS.GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
General Pur ose and Administration Committee �� ° >a°
Meeting: p File # �
Date: Monday, June 5, 1995 Res. #
Report #: File File #: DEV 95 -002 (X -REF: LD 264/94) By -law #7
Subject: REZONING APPLICATION - ANTONIUS VISSERS
PART LOT 16, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 95 -002 (X -REF: LD 264/94)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -55 -95 be received;
2. THAT the application to amend Comprehensive Zoning By -law 84-
63 of the former Town of Newcastle submitted by Antonius
Vissers be APPROVED;
3. THAT the attached By -law be forwarded to Council for approval;
and
4. THAT all interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1
Applicant:
Antonius Vissers
1.2
Agent:
Bob Craig
1.3
Zoning:
from in part "Agricultural (A) 11 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.
1.4
Area subject
to zoning application: .4 hectares
(1 acre)
1.5
Area of other
lands owned by applicant: 22.8 hectares (56.33
acres)
2. BACKGROUND
2.1 The applicant applied in August of 1994 to sever a .4 hectare
....2
FR
REPORT NO. PD -55 -95 PAGE 2
(1 acre) parcel of land from an existing 23.2 hectare (57.33
acre) parcel of land and retain the remaining 22.9 hectares
(56.33 acre) parcel. The application was tabled by the
Regional Land Division Committee since the severed parcel did
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.
3.3 A Public Meeting was held on April 3, 1995, at which time the
applicant's agent addressed the Committee. No one else spoke
either in opposition to or support of the proposal.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject property
....3
514
REPORT NO. PD -55 -95 PAGE 3
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
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 reviewed the application and
objected to the proposal since the septic system for the
existing house is presently located on the retained parcel.
However, the Regional Health Department has subsequently
advised that the applicant will merely be required to apply to
have the septic system relocated. Therefore, the Health
Department has no objection to the proposal.
6.3 The Community Services Department has reviewed the application
and has no objection to the proposal subject to the applicant
....4
515
REPORT NO. PD -55 -95 PAGE 4
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.
6.4 The balance of the circulated agencies which provided comments
were the Ministry of Natural Resources, the Ministry of
Agriculture, Food and Rural Affairs, the Central Lake Ontario
Conservation Authority, 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.
7. STAFF COMMENTS
7.1 The applicant is proposing to amend the zoning on a .4 hectare
(1 acre) portion of his total holdings of 22.8 hectares (56.33
acres) in order to permit the severance of the existing farm
residence. The remaining portion of the applicant's lands
would have only 20 metres of frontage on Old Scugog Road which
meets the requirements of the Agricultural zone for a farm
exclusive of residential buildings. Therefore, following the
consent process to sever the existing farm residence, a
building permit will not be available for the retained parcel.
7.2 Nevertheless, Staff advise that the application to amend the
zoning by -law and place a Residential Hamlet zoning on the
subject lands will bring the by -law into compliance with the
Official Plan for the former Town of Newcastle which currently
designates the subject property as Existing Residential on
Schedule 9 -7.
8. CONCLUSION
8.1 In consideration of the comments contained within this report,
....5
516
REPORT NO. PD -55 -95 PAGE 5
Staff would have no objection to the approval of the attached
zoning by -law amendment, as applied for.
Respectfully submitted,
Franklin Wu, M. .I.P.
Director of Planning
and Development
WM *FW *cc
Attachment # 1 - Key Map
Attachment # 2 - Survey
May 23, 1995
Reviewed by,
W. 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, Ont
LOB 1JO
Bob Craig
4100 Liberty Street
Bowmanville, Ont
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "7" to By -law 84 -63 as amended, is hereby further amended by changing the
zone designation from:
"Agricultural (A)" to "Residential Hamlet (RH)"
as indicated on the attached Schedule "A" hereto.
2. Schedule "A' attached hereto shall form part of this By -law.
3. 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 1995.
BY -LAW read a second time this day of 1995.
BY -LAW read a third time and finally passed this day of 1995.
MAYOR
CLERK
520
This is
Schedule "A'
to
By —law 95— ,
passed
this day
of
, 1995 A.D.
521
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