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HomeMy WebLinkAboutPD-53-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -56 -94 be received; 2. THAT be revised application to amend Comprehensive Zoning By- law 84 -63 of the former Town of Newcastle, submitted by Wayne Chaskavich be APPROVED; 3. THAT the attached By -law be forwarded to Council for approval; 4. THAT the interested parties listed in this report and any delegation be advised of Committee's and Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Owners: 1.3 Rezoning: Original Proposal: 1.4 Revised Proposal: Wayne Chaskavich Various From Agricultural (A) to an appropriate zone or zones in order to permit the development of one (1) additional single family dwelling lot through the consent process. The revised proposal affects several parcels of land totalling 4.44 hectares (10.97 acres) located at south -east corner of Highway #2 and 5olina Road but is more formally 4 P PER E CYIC THIS B PRIMED CN RECYCLED PAPER REPORT NO.: PD -53 -94 PAGE 2 described as Part Lot 24, Concession 2, in the former township of Darlington 2. BACKGROUND 2.1 On February 26, 1993, the Planning and Development Department received an application to amend Zoning By -law 84 -63 in order to permit the development of one (1) additional single family dwelling lot through the consent process. 2.2 A Public Meeting was held on May 3, 1993 at which time the applicant's solicitor addressed Committee in order to answer any questions the Committee may have had. Although no other area resident addressed Committee at the Public Meeting, staff did receive one (1) telephone inquiry from an abutting property owner who requested more detailed information regarding the proposal. 2.3 On Monday, September 13, 1993, Council resolved to refer the application back to staff following a recommendation of denial from the Planning and Development Department. Staff noted that in order for the proposal to be considered, Council would need to be satisfied that the subject property and the surrounding properties formed a rural cluster. Subsequently, the applicant revised the application to include several adjacent existing dwellings to make up a rural cluster in order to facilitate the creation of one (1) lot within the cluster. 2.4 As a result of the revised proposal, a second pubic meeting was held on Monday, February 21, 1994. Once again, other than the applicant, no other area resident addressed Committee at the public meeting. REPORT NO.: PD -53 -94 PAGE 3 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 and staff included a letter of explanation to those owners of the subject lands. 3.2 As a result of the public notification process for the revised proposal, 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 1991 Durham Regional Official Plan, the subject property is designated Major Open Space. The 1991 Regional Official Plan discourages the development of new non -farm rural residential dwellings within the Major Open Space designation. However, the 1991 Regional Official Plan does permit the creation of new non -farm rural residential dwelling lots on an infilling basis between two (2) existing dwellings in a rural cluster recognized in the zoning by -law. Therefore, the creation of the proposed lot could be considered to be in conformance with the 1991 Regional Official Plan if Council were to pass an implementing zoning by -law recognizing the existing cluster. 5. ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject properties are zoned Agricultural (A) which requires a minimum of 100 metres of lot frontage and 40 hectares of lot area for newly created lots. As the applicant intends to recognize the existing rural cluster in order to facilitate the creation of a new lot on an JLv REPORT NO.: PD -53 -94 PAGE 4 infilling basis, the applicant has applied to amend the zoning by -law accordingly. 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 Regional Planning Department has advised that they object to the proposal since the cluster is not being recognized in the municipal official plan and since the cluster is adjacent to a provincial highway (Highway #2). 6.3 The Regional Health Department reviewed the application in April of 1993 and recommended denial. However, upon further review and consultation with the applicant, the Regional Health Department has advised that they have no objections to the proposal. 6.4 The Ministry of Transportation reviewed the application in May of 1993 and noted that it appeared that there was insufficient room in order to accommodate an entrance onto Solina Road due to an earlier widening by the Ministry. Therefore, the Ministry objected to the proposal. However, after reviewing more detailed drawings prepared by the applicant, the Ministry has advised that they no longer object to the proposal. 6.5 The Ministry of Agriculture and Food advise that they have no objections to the application. However, the Ministry notes that a letter of "no objection" does not indicate support for the application and the Ministry further acknowledges that other agencies may have planning concerns. wJ (m g REPORT NO.: PD -53 -94 PAGE 5 6.6 The Municipality of Clarington Public Works Department has no objection to the proposal subject to the applicant providing a lot grading and drainage plan satisfactory to the Director of Public Works. 6.7 The Municipality of Clarington Community Services Department 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 Parkland Reserve Account. 6.8 The only other agencies to provide comments with respect to the proposal were the Municipality of Clarington Fire Department and the Central Lake Ontario Conservation Authority. Neither of these agencies provided objectionable comments with respect to the proposal. 7. STAFF COMMENTS 7.1 The Planning and Development Department has reviewed the application in relation to the surrounding area, the zoning by -law, the regional official plan and the ongoing review of the municipal official plan. Following the review, the Planning and Development Department is satisfied that the subject lands, in conjunction with the surrounding properties shown on Attachment #2, constitute a distinct rural cluster of residential development. 7.2 Staff note that the Regional Planning Department objected to the recognition of cluster since the cluster was not being recognized in the municipal official plan and since the cluster is adjacent to a provincial highway. Policy 13.3.4 of the regional official plan states that the Council of the area municipality may identify clusters in the area municipal official plan. However, staff advise for Committee's information that rural clusters, including the cluster J REPORT NO.: PD -53 -94 PAGE 6 proposed in this application, will be identified through the municipality's comprehensive official plan review since the current official plan does not apply to the rural areas. 7.3 In addition, with respect to the proximity of Highway #2, staff note that the Ministry of Transportation was circulated and were satisfied that the proposal will have no impact upon the Highway. Moreover, although three lots currently contain four accesses (see Attachment #2) onto Highway #2, the applicant has acknowledged that any new lot created at the south -east corner of the intersection of Highway #2 and Solina Road will be required to provide access to the property from Solina Road. Therefore, it can be seen that the recognition of the proposed cluster will not allow any additional accesses onto Highway #2 and will only serve to recognize those existing accesses. 7.4 Staff advise for Committee's information that the attached by- law provides three (3) separate zone categories within the rural cluster. The first category is a special exception to the rural cluster zone (RC -11) . This category recognizes most of the existing lots within the cluster which do not have sufficient lot area or lot frontage to satisfy the requirements of the rural cluster (RC) zone. The second zone category is the standard rural cluster (RC) zone. This zone category provides the appropriate zone provisions to facilitate the severing of one (1) lot at the south -east corner of the intersection of Solina Road and Highway #2. This zone category is also applied to the two (2) most southerly lots on Solina Road since these lots have enough lot area and frontage to satisfy the rural cluster (RC) zone. Finally, the third category is another exception to the rural cluster zone (RC -12). This category applies to a portion of Mr. Chaskavich's property and requires a minimum of 6,000 REPORT NO.: PD -53 -94 PAGE 7 square metres of lot area thereby effectively limiting the number of severances available to Mr. Chaskavich to one (1). Staff also note that no other lot within the cluster qualifies for a severance based upon the new zone provisions. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, staff would have no objection to the approval of the attached zoning by -law amendment. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P. Director of Planning and Development WM *FW *df Attachment #1 - Key Map Attachment #2 - Survey 6 May 1994 W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Wayne Chaskavich 61 Prospect Avenue Bowmanville, Ontario. L1C 3G9 ATTACHMENT- *1- Dev. 93mm'005 LOT 24 , CONCESSION 2 J v HIGHWAY N2 2 0 0 a Z J O U) ® LAND OWNED BY APPLICANT OTHER LANDS REQUIREDFOR RECOGNITION OF A RURAL CLUSTER EXISTING ACCESSES • PROPOSED ACCESS DEV. 3-005 3 L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 94- 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 Corporation 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. Section 7.3 "Special Exception -Rural Cluster (RC) zone" is hereby amended by adding thereto the following new Special Exceptions 7.3.11 and 7.3.12 as follows: "7.3.11 Rural Cluster Exception (RC -11) Zone Notwithstanding Section 7.2, those lands zoned RC -11 on the schedules to this By -law shall be subject to the following zone regulations: a) Lot Frontage (minimum) 15 metres .b) Lot Area (minimum) 2000 square metres" "7.3.12 Rural Cluster Exception (RC -12) Zone Notwithstanding Section 7.2, those lands zoned RC -12 on the schedules to this By -law shall be subject to the following zoning regulations: a) Lot Area (minimum) 6000 square metres" 2. Schedule 1" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) to Rural Cluster (RC)" "Agricultural (A) to Rural Cluster - Special Exception (RC -11)" "Agricultural (A) to Rural Cluster - Special Exception (RC -12)" 3. Schedule "A" attached hereto shall form part of this By -law. 4. This By -law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. By -law read a first time this day of 1994. By -law read a second time this day of 1994. By -law read a third time and finally passed this day of 1994. CLERK JJ..J This is Schedule "A" to By—law • • . • • J • HIGHWAY N4 2 50.86 28.82 �- 2.94 0 a a Z pJ N 56.39 LOT 24 CONCESSION 2 3566 ® ZONING CHANGE FROM 'A' TO' RC' ZONING CHANGE FROM'A'TO'RC -II' ZONING CHANGE FROM'A'TO'RC -12' � 0 2_7 50m 50 40 3020 10 0 Mayor Clerk ® SUBJECT SITE II 0 Q 0 Y V 0 z a LOT 26 LOT 25 LOT 24 LOT 23 V oZ 00 N J o W Z U Z O V Former Township of DARLINGTON 0 250 500 IOOOm® 500� 100