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Home My WebLink AboutPD-60-95DN: DEV95025.GPAHE CORPORATION OF T HE MUNICIPALITY OF CLARINGTON REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # iul L Date: Monday, June 19, 1995 Res. # L (2L) -- I L ' - Report #: PD-60-95 File #: DEV 95 -025 By -law # Subject: REZONING APPLICATION - CAIATA PART LOT 29, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 95 -025 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 60 -95 be received; 2. THAT application to amend Comprehensive Zoning By -law 84 -63, as amended of the former Town of Newcastle, submitted by Mr. Antonio Caiata be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Councils decision. 1. APPLICATION DETAILS 1.1 Applicant: Mr. Antonio Caiata 1.2 Owner: Mr. Antonio Caiata 1.3 Rezoning: From Agricultural (A) to a zone appropriate to permit a garden suite 1.4 Area: 4 hectares 2. LOCATION 2.1 The subject property is located in Part of Lot 29, Concession 4 former Township of Darlington. The lot is located on the west side of Courtice Road and is South of Taunton Road, the municipal address being 4380 Courtice Road. ....2 501 REPORT NO. PD -60 -95 PAGE 2 3 BACKGROUND 3.1 The subject application was submitted to the Planning Department on April 10, 1995. The site has a primary residence with an apartment. There is a second structure on the lands which is proposed to be the garden suite. It is for this structure that Mr. Caiata obtained a building permit in 1991 to build a garage. In 1992 a stop work order was issued because the garage was converted to a dwelling. This stop work order has yet to be lifted. 3.2 The applicant, in support of his application submitted a letter from The Oshawa and District Association for Community Living stating that his daughter who has a developmental disability would become more self- reliant and be better off if she lived in the apartment located within the primary residence. However, Mr. Caiata's son and daughter -in -law currently occupy this apartment. Mr. Caiata wishes to move his son and daughter -in -law into the garden suite allowing his daughter to move into the apartment within the house. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: Rural residential property 4.2 Surrounding Uses: East - agricultural West - forest and agricultural South - forest and agricultural North - rural residential 5 OFFICIAL PLAN POLICIES 5.1 The Official Plan for the former Town of Newcastle does not have policies for the rural areas of the Municipality, as such the policies within the Durham Region Official Plan are applicable. The 1991 Durham Region Official Plan designates the subject lands as Permanent Agricultural Reserve. Lands so designated shall be used for agricultural and farm - related purposes. A second dwelling can only be established if it is to accommodate persons employed full -time on the farm (Section 12.3.9). ....3 5'0<_ REPORT NO. PD -60 -95 PAGE 3 5.2 Section 4.3.11 (f) of the Durham Region Official Plan states that Municipal Official Plans shall include policies which permit, subject to appropriate criteria and conditions, garden suites as a temporary use. The Municipality's existing plan does not provide policies with respect to garden suites. Staff are currently working on incorporating garden suite policies in our draft Official Plan. 6 ZONING BY -LAW PROVISIONS 6.1 According to the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle the subject lands are zoned Agricultural (A). Lands so designated shall be used predominantly for farm and farm - related purposes. The By -law does not permit garden suites and hence resulted in this application to amend the zoning by -law. 7 PUBLIC MEETING AND SUBMISSION 7.1 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. 7.2 Only one enquiry was made with respect to this application and the resident calling requested clarification of the application. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies in providing comments, offered no objection to the application as filed: Municipality of Clarington Fire Department Municipality of Clarington Public Works Department Durham Region Department of Health Ministry of Agriculture and Food ....4 5 REPORT NO. PD-60-95 PAGE 4 8.2 Comments have yet to be received from the Central Lake Ontario Conservation Authority, Durham Region Planning Department, and Durham Region Works Department 9 STAFF COMMENTS 9.1 As the Municipality's current Official Plan does not provide policies for either garden suites or the rural areas, Staff and Council must rely on the policies contained within the Durham Region Official Plan. Staff are still waiting to receive comment from the Regional Planning and Works Department. 10 CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development HB *FW *cc Attachment #1 - Key Map Attachment #2 - Site Plan June 7, 1995 Reviewed by, p} W. H. "S ockwe l Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Mr. Caiata The Oshawa and District Association for 4380 Courtice Rd., Community Living Bowmanville, Ontario 39 Wellington St. East., L1C 3K4 Oshawa, Ontario L1H 3Y1 5�4 ATTACHMENT #1 SUBJECT SITE LOT 31 LOT 30 LOT 29 LOT 28 ROAD �aft 11 Rli] - d- ° z . 400 O ry w cn W J D U � z o O U (, PE$KE1STQNE AD 4 MY HGaJG°P DEV, 9 5,0 Em E-1 Z U 4--- P E-1 4 L 'ONCL AND +-PE Fe%CE c N N 72° 3 El, 30 � E 1314'64 .0- c OLEW 71 Pl, LOT 29 Ln