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Home My WebLink AboutPD-055-00 ..... DN:P055-00 . THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #L:!/ Lj Zf)fiJtdJO [?-..., Res. #,j,Pfr - () 1);:2-00 Date: Monday, June 5, 2000 Report #: PD-055-00 FILE #: ZBA 2000-012 By-law # Subject: REZONING APPLICATION APPLICANT: JUSTINIAN CREED PART LOT 26, CONCESSION 5, FORMER TOWNSHIP OF CLARKE FILE: ZBA 2000-012 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-055-00 be received; 2. THAT the rezoning application submitted by Justinian Creed be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments. 3. THAT all interested parties listed III this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Justinian Creed 1.2 Rezoning: To rezone the subject lands from "Agricultural (A) to permit an exotic animal facility, used in conjunction with an educational business, recreational fields used in conjunction with an education camp and a home office. 1.3 Site Area: 0.75 ha (1.86 ac) 601 REPORT NO.: PD-055-00 PAGE 2 2. LOCATION 2.1 The subject lands are located at 150 Tamblyn Road, east of Orono (see Attachment #1). The property is contained within Part Lot 26, Concession 5, in the former Township of Clarke. 3. BACKGROUND 3.1 On April 12,2000, the owner submitted a rezoning application to the Municipality of Clarington to rezone the subject lot at 150 Tamblyn Road to permit an exotic animal facility, with an educational business, recreational fields with an education camp and a home office. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property contains a single detached dwelling unit on the eastern portion of the lot, which has frontage and access to Tamblyn Road. A berm has been constructed by the owner along the north boundary of the property abutting Highway 35/115. 4.2 Surrounding Uses: East Vacant North - West - South - Highway 35/115 Highway 35/115 Residential 5. OFFICIAL PLAN POLICIES 5.1 The lands are designated "Permanent Agricultural Reserve" within the Durham Region Official Plan. Comments have not been received from the Regional Planning Department at the writing of this report. 5.2 Within Clarington Official Plan, the subject lands are designated "Prime Agricultural Land". A Tourism Node symbol associated with the Exotic Cat World is identified. 602 REPORT NO.: PD-055-00 PAGE 3 There is no defmed boundary limiting the tourism use to the existing lands and therefore the introduction of new related uses may be permitted. 6. ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A)", which permits a single detached dwelling and accessory uses. On a lot less than 2 ha (4.94 ac) in area, agricultural uses are not permitted. As the proposed use would not conform with the zoning by-law, an application has been submitted. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. 7.2 As of the writing of this report, a number of phonecalls, counter and written inquiries, comments and objections have been received on this application. A petition containing thirty-two (32) signatures has also been received in objection to this application. 8. AGENCY COMMENTS 8.1 The Clarington Fire Department, Clarington Building Division, Ganaraska Region Conservation Authority and Regional Health Department, have no objections to the proposal. 8.2 The Clarington Public Works Department has no objection, in principle, to the proposed rezoning. However, if the applicant establishes a commercial operation, now or in the future, the applicant will be required to make application for site plan approval. 8.3 Comments remain outstanding from the Ontario Hydro Services Company Inc., Durham Regional Planning, Durham Regional Public Works, and Ministry of Transportation. 603 REPORT NO.: PD-055-00 PAGE 4 9. COMMENTS 9.1 The applicant had requested that the date of Public Meeting be postponed to allow him time for discussion with neighbouring property owners. The Planning Department denied this request for the following reasons: i) the current uses operating on the lot are in contravention with the Zoning By-law; ii) Council has approved an exemption under the Exotic Animal By-law to allow the keeping of exotic animals on this property and the discrepancy between the Exotic Animal By-law and the Zoning By-law should be dealt with as soon as possible; iii) work has commenced on the site including the construction of a berm along Highway 35/115; and iv) the purpose of the public meeting is to facilitate an explanation of the application and to give the public the opportunity to ask questions about the application. 9.2 In anticipation of the postponement of the Public Meeting, Mr. Creed temporarily removed the Notice of Public Meeting sign for an undetermined time period. The sign has since been re-erected. This sign was originally erected in accordance with the requirements of the Planning Act. 9.4 On May 24, 2000, Planning Staff met with the applicant to discuss the application. The applicant is amending the application to reduce the number of proposed uses. Specifically, the "recreational fields used in conjunction with the education camp" will no longer be considered with this application. Mr. Creed's stated intention is to house the exotic animals on the property, but the education portion of the business is conducted off- site through an outreach program at various schools and community facilities and events. 10. COMMENTS 10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is 604 REPORT NO.: PD-055-00 PAGE 5 respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Reviewed by, o~~ D ' J. Crome, M.C.I.P., R.P.P. Di ctor of Planning & Development SA *L T*DC*df Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. 26 May 2000 Attachment #1 - Key Map Attachment #2 - Site Plan Interested parties to be notified of Council and Committee's decision: Justinian Scott Creed 150 Tamblyn Road ORONO, Ontario LOB IMO Jungle Cat World Peter Klose, Greg Thompson, Wolf Klose, 3667 Concession Road 6 ORONO, Ontario LOB IMO Cornelius Mostert 87 Tamblyn Road ORONO, Ontario LOB IMO , I~ 5 D 'J ATTACHMENT '1 ~ SUBJECT SITE ~ 150 TAMBLYN ROAD, ORONO LOT 28 I LOT 27 TAUNTON OAD CLARKE KEY MAP I I , I I I I I I zl ~ 0 <{ o ~ LOT 26 LOT 25 \'\'\~ "':>~ ~~ ~GX' I ONCESSION .RO D 6 ZBA 2000-012 ~ , I W I I I /, 6 bu · <.0 Z o (/) (/) w u z o u l.() z o (/) (/) w u z o u I ~ " V; tl , " w o o o , a ::J ( C e, ~ I~ '" \J L ,~ - j , '^ ."'~ ~ I ~ ~ ~ n- I' C :> '- C' ~ ....... ~ () "' - '^ "- J c C; ,"' C: ~ [\ 1\, r" ~ C ;;; --, , ,- ~ ~, x '^ -j W L v\ ~) ~ , , <: \J-1 - ~ " , t 3 L , , ~ () 7V ~ c-, " IT) ~. tJ ~\ :p, 3. eN r --< L rv a b o ~ v'I"~ """, ~ \ I \\ \ 1("\\ I~ "\~\ .,i~ \~~0"" '1\; \\... !~:: \'\ I,~ \~\ ~ ~~ '~'" '" . 1",'.\ ,~ ",I'." \' ',.i ',0i ,i ~.\ \ ) ,~, f) I~I , !'Y," ' 1/);; ',.1 ~I <, ~.. ,~ , ~",\ ~c) I_i \' I \- '" ~ ~ ;; ~ ~ " ATTACHMENT '2 )> --.- z. 607 --% 'i:- ..1- Iv' V' // ~ :;i c:. 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