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Home My WebLink About92-127 . DN: RH-16.BYL THE CORPORATION OF mE TOWN OF NEWCASTI..E BY-LAW NUMBER 92 -127 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. NOW TIIERE~ORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 9.3 Special Exception - Residential Hamlet (RH) zone is hereby amended by adding thereto the following new Special Exception 9.3.16 as follows: "9.3.16 Residential Hamlet Exception (RH-16) zone. Notwithstanding Section 9.2 those lands zoned "RH-16" on the schedules to this By-law shall be subject to the following zone regulations: a) Lot Frontage (minimum) 20 metres" 2. Schedule "6" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Residential Hamlet ((H)RH)" to "Residential Hamlet- Special Exception (RH- 16)" "Residential Hamlet (RH)" to "Residential Hamlet - Special Exception (RH-16)" 3. Schedule "A" attached hereto shall form part of this By-law. 4. 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 11th day of May 1992. BY-LAW read a second time this 11th day of May 1992. BY-LAW read a third time and finally passed this 11th day of May 1992. '" This is Schedule "An . passed this 11th day to of By-law 92 - 127 , MAY , 19:92 A.D. LOT 30 , CONCESSION 4 o <t o _~ I a::: -0 t<'l -g r:: O' (f)00 CD"" -.J z:( -.J ~ a::: J- I __ ____________ _ _ __ _ ___--1 ROAD ALLOWANCE (AS SHOWN ON PLAN 646 ) N 72002 '40"E 75.0 >-H ~ 00.0 t<'l.N 10- '0 00 ""CD Z 75.0 >-+-< N 71058'40"E 126.168 H ~ZONING CHANGE FROM 'RH'TOIRH-161 ~ZONING CHANGE FROM '(H)RH' TO 'RH-1SI RH RH A o 10 20 , ' ~P"'o.~.~ 1. . 15 105 0 ,&a.4t. . ,'. pt~ Mayor 40 60m , LOT 31 A RH LOT 30 A LOT _ -ROAD ALLOWANCE BETWEEtf C CES 4 o..d __REGIONAl ! w TAUNTON ROAD I U ," I "" " " TYLER STREET FIRN R TREET BRADLEY BLVD. RH ~ A I A ~: Z o 0 0:: - W en (,) en l- l&J 0:: (.) 6 Z (,) 0 (.) MITCHELLS CORNERS o 50 \00 ~y - . - 50m 0 200 ~m I ~ COUNCIL INFORMATION 1-12 y j . MAR 25 1994 ~ti lIAR ZS 2 31. ra 'S~ ---" Ontario Ontario Municipal Board Commission des affaires municipales de t'Ontario R 920399 C 930186 .. . .f ' DBI ~ I'DO l FOLIO I I 2.-D C\Dn!=l:) IClc;lII; DATE 081 ~qq.4-~ FOlIO I ~ Lloyd Massey, Betty :Massey, Evert Vroegh, Leonida Vroegh, and others have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, against By-law 92-127 of the Municipality of Clarington, formerly the Town of Newcastle O.M.B. File No. R 920399 - and - Lloyd Massey, Betty Massey, Evert Vroegh, Leonida Vroegh, and others have appealed to the Ontario Municipal Board under subsection 53(7) of the Planning Act, R.-S.O. 1990, c. P .13, from a decision of the Regional Municipality of Durham Land Division Committee, which granted an application numbered B-24/93, submitted by MaryJo Boyes and John Wierzbicki, respecting Part Lot 30, Concession 4, 4577 Trulls Road, Mitchell Corners, in the Municipality of Clarington, formerly the Town of Newcastle O.M.B. File No. C 930186 .... III MEMORANDUM OF ORAL DECISION delivered by J. GAGNON-GRAVELLE on Janua~ 25. 1994 AND ORDER OF THE BOARD Ten residents of the area, namely Mr. and Mrs. Massey, Mr. and Mrs. Vroegh, Mr. and Mrs. Hopson, Mr. and Mrs. Kuzenko and Mr. and Mrs. Vickery have appealed both the granting of a consent by the Regional Municipality of Durham Land Division Committee as well as the enactment of zoning By-law 92-127 by Council for the Municipality of Clarington, formerly the Town of Newcastle. The only individuals present at the hearing were the Masseys, the Vroeghs and the vickerys. The Board was advised that the subject property had sold in December 1993 and the new owners did not wish to proceed with the matter, via a report signed by both the Director of Planning and Development as well as by the Chief Administrative Officer of the Municipality of Clarington, recommending to Council that no one appear qn behalf of the Municipality. , . l - 2 - R 920.399 C 930186 .. , , The proposed consent is to sever a 0.41 ha vacant parcel of land and to retain the remaining 0.41 ha parcel on which there exists a residential dwelling, thereby creating two very deep (201.16 metres) and narrow (approximately 20.4 metres) lots from an original .820 ha lot. Zoning By-law 92-127 would amend the zoning to By-law 84-63 from "Residential Hamlet" (RH) to "Residential Hamlet - Special Exception" (RH-16), thereby permitting the creation of-residential hamlet lots with a minimum of 20 metres of frontage. The subject property is part ofJa series of 8 narrow and deep lots located" on the east side of Trulls Road, approximately 685 metres south of Taunton Road, which lots were originally deeded through the ~and Veterans Act. The appellants noted how they had built their homes on these lots with an understanding that each lot would remain undivided. Accordingly, they viewed this application as creating a cri tical negative precedent. They also raised concerns with the potential impact on the wells and private septic systems in the area, and viewed such long and narrow lots as definitely undesirable for their neighbourhood from an aesthetic and economic perspective. ~ Reference was made to the Planning Department reports recommending a refusal of both applications, which noted that the property is designated "Permanent Agricultural Reserve" and "Hamlet" pursuant to the Durham Regional Official Plan. While Policy 10.4.1.4 of this Plan does permit minor internal infilling and/or minor additions to existing development, staff indicated their opinion whereby the creation of long narrow lots, such as the proposed lots in the current application, does not promote the comprehensive "depth" development of the Hamlet but in fact promotes a "strip" development aspect of the Hamlet along the Trulls Road arterial. Staff was also of the opinion that a hamlet secondary plan should be prepared prior to approval of applications of this nature in order to allow the Planning and Development Department an opportunity to investigate the development potential of the subject lands and the abutting properties. Finally, the planner expressed a concern that approval of the application at this time would prejudice the opportunity to prepare a comprehensive hamlet secondary plan which would be used as a guide for the development of the subject lands and the abutting properties. Given the lack of evidence in support of the proposal and the uncontradicted evidence of the appellants, the Board finds that both the consent and the rezoning do not constitute good planning and hereby allows the appeals. The Board is not satisfied that the I . . ; . - 3 - R 920399 C 930186 consent meets the requirements of the Planning Act especially in terms of prematurity and in view of the professional planning opinion reviewed by the appellants. The Board also finds that the proposed rezoning is similarly not good planning. Accordingly, the Board hereby repeals Zoning By-law 92-127 and denies the application for consent. The Board so orders. "J. Gagnon-Gravelle" J . GAGNON-GRAVELLE MEMBER " DI~Y}jBUTION ^! OlERK~ --- ,,~ ACK. BY __ ORIGINAl T :. COPIES TO: E