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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 L1C 3K6 A-1 I ' RH ilA 1� arr�r•rr ■ HAMPTON C KEY MAP TAUNTON ROAD 0 100 200 300 m 50 m DEVx 95mmoo 5 f si �. fu # to r� k Z rtg ,K O U) U O V _o m �l N O M �D O m Li j i `N s v' 0 Q O i tit dCB�) L ATTACHMENT +2 r, \ NA. 1 INS T. 6 I.14 N44676 UMEN • ! M. IN -- (ROAD '519 ul_1_0UYAl IC- E: INS 1 OE- T V. S I 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 W� ^ U Z � W °8 LOT 16 CONCESSION 5 0Q ° z Doz " o_ � g5 42! 40 52 06 m N g L S. O o; s� �y UR 9) ^�s li �g,g92 .1pO N g�•40,20 E 176 ® ZONING CHANGE FROM `A' TO `RH' 0 10 20 40m 10 5 0 Mayor Clerk 521