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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 SUBJECT LOT 29 � /-LO X28 LOT 27 I— Nt--4- --- -TAUNTON R � ROAD TAUNTON RD. -� -� (REGIONAL RD. 4) I RI- 13 I� I � I R1-2 ' I RI -2 0 lfim al �v 1 i M R1-2 10 Z O w w N I; i U RI -13 / -� z o s.T RI -2 M1 z ,: 0 100 200 300m KEY MAP 50m 7w-,ev. 94�003 ' 0 6 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 • J passed day • • • I 1 , . 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