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