HomeMy WebLinkAboutPD-65-94Subject: REZONING APPLICATION - FRANCIS QUANTRILL
PART LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE
FILE: DEV 94 -003 (X -REF: LD 163/92 AND LD 164/92)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -65 -94 be received;
2. THAT the application to amend Comprehensive Zoning By -law 84-
63 of the former Town of Newcastle submitted by Francis
Quantrill be APPROVED;
3. THAT the attached By -law be forwarded to Council for approval;
and
4.
THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1.
APPLICATION
DETAILS
1.1
Applicant:
Francis Quantrill
1.2
Agent:
Irwin Hamilton
1.3
Rezoning:
From in part Urban Residential
Type One -
special Exception (R1 -2) and
in part
Environmental Protection to an
appropriate
zone or zones in order to
permit the
development of two (2) additional
residential
lots with private sewage disposal
systems and
private water supply systems.
1.4
Area:
.88 hectare (2.17 acres)
2. BACKGROUND
2.1 In September of 1992, the Planning and Development Department
was advised by the Land Division Committee of two (2)
applications for severance in Part Lot 28, Concession 5 in the
....2
DPAPEAECYCL
t
THIS IS PRMTED ON RECYCLED PAPER
REPORT NO.: PD -65 -94 PAGE 2
former Township of Clarke. Since the zone category required
the development of the land with municipal water and private
sewage disposal systems, the Planning and Development
Department recommended that the application be tabled to allow
the applicant the opportunity to address the issue of zoning
by -law compliance.
2.2 In January of 1994, the Planning and Development Department
received an application to amend Zoning By -law 84 -63 in order
to permit the development of two (2) additional residential
lots with private sewage disposal systems and private water
supply system. The creation of the two (2) proposed lots
could then be facilitated through the related Land Division
Committee applications (LD 163/92 and LD 164/92).
2.3 The lands subject to the application are situated on a .88
hectare (2.17 acre) parcel of land located at the south -east
corner of the intersection of Regional Road 17 (Main Street in
Orono) and Regional Road 4 (Taunton Road) but is more formally
described as Part Lot 28, Concession 5, in the former Township
of Clarke.
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.
3.2 A Public Meeting was held on March 21, 1994 at which time the
applicant advised Committee that he retired in 1992 and
intends to construct a new residence for himself. No other
area resident appeared before Committee.
REPORT NO.: PD -65 -94 PAGE 3
3.3 In addition, as a result of the public notification process,
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 Durham Regional Official Plan the subject property
is designated as a Living Area. Residential uses are intended
to be the predominant use of land so designated. Therefore,
the application appears to conform with the Durham Regional
Official Plan.
5. ZONING BY -LAW COMPLIANCE
5.1 Within Comprehensive Zoning By -law 84 -63, as amended, of the
former Town of Newcastle, the subject property is zoned in
part Urban Residential Type One - Special Exception (R1 -2) and
in part Environmental Protection (EP) . The Urban Residential
Type One - Special Exception (R1 -2) zone requires the
development of land with municipal water and private sewage
disposal systems. As the applicant is proposing to create two
(2) additional lots with private water supply systems and
private sewage disposal systems, the applicant has applied to
appropriately amend the Zoning By -law.
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 Community Services Department has advised that they have
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 Parks Reserve Account.
6.3 The Ganaraska Region Conservation Authority has reviewed the
REPORT NO.: PD -65 -94 PAGE 4
application and advised that they have no objection to the
proposal. However, the Authority did note that a portion of
the subject lands are located within the Authority's Fill,
Construction and Alteration to Waterways limits. As such, a
written permit is required from the Authority prior to any
construction on the subject lands. In addition, the Authority
recommends that the existing Environmental Protection zone
remain in place.
6.4 The balance of the agencies which provided comments were the
Municipality of Clarington Fire Department, Clarington Public
Works Department, Regional Health Department, Regional Works
Department and Ministry of Natural Resources. None of the
aforementioned agencies have provided negative comments with
respect to the proposal.
7. STAFF COMMENTS
7.1 The application has been reviewed within the context of the
Regional Official Plan, the Municipal Zoning By -law and the
characteristics of the surrounding area. As previously
stated, the subject property is designated as a Living Area
within the Regional Official Plan. The proposed lots are
generally consistent with the lots in surrounding areas with
respect to lot area and is considered as infilling development
within Orono.
7.2 Staff advise, for the Committee's information, that the
attached By -law provides a special exception to the Urban
Residential Type One (R1 -37) zone. This special zone category
provides the appropriate zone provisions to facilitate the
severing of two (2) additional residential lots. The existing
Environmental Protection (EP) zone will remain.
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, as applied for. ....5
T �U
4
REPORT NO.: PD -65 -94 PAGE 5
Respectfully submitted,
4n
Franklin Wu, M.C.I.P.
Director of Planning
and Development
WM *FW *cc
Attachment #1 - Key Map
Attachment #2 - Survey
10 June 1994
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's
decision:
Frances Quantrill Irwin Hamilton
5955 Main Street P.O. Box 39
Orono, Ontario. 1 Division Street
LOB 1M0 Bowmanville, Ontario. L1C 3K8
ATTACHMENT +1
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 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 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 12.4 "Special Exception - Urban Residential Type One (Rl)" zone is hereby
amended by adding thereto the following new Special Exception 12.4.37 as follows:
"12.4.37 Urban Residential Exception (111 -37) zone
Notwithstanding Sections 12.1 , 12.2 and 12.3, the lands zoned "R1 -37" on the
attached Schedule "A" may only be used for a single family dwelling and a home
occupation subject to the following zone regulations:
a) Lot Area (minimum) 3700 square metres
b) Lot Frontage (minimum) 60 metres
c) No building or structure may be erected and no use may be established in the
"R1 -37" zone unless the lot upon which it is situated is serviced by a private
water supply system and a private sanitary waste disposal system which
complies with regulations of the Durham Regional Health Department and
the Ministry of the Environment and Energy."
2. Schedule "13" to By -law 84 -63, as amended, is hereby further amended by changing
the zone category of land identified on Schedule "A", attached hereto, from Urban
Residential Type One - Special Exception (R1 -2) to Urban Residential Type One -
Special Exception (R1 -37).
3. 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
BY -LAW read a second time this
day of 1994.
day of 1994.
BY -LAW read a third time and finally passed this
JU8
day of 1994.
MAYOR
CLERK
This is Schedule to By—law
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