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HomeMy WebLinkAboutPD-59-87~Cd) TOWN OF NEWCASTLE REPORT File#µ'~~ ~.> ~. ~- Res . # '~ ~~° ~ ~ By-Law #~ ~ ~ ~ ,~ Ifs: General Purpose and Administration Committee DATE: Monday, March 2, 1987 T #: PD-59-87 FILF ~: DEV 86-38 CT: REZONING APPLICATION - ERNEST COLLISS PART LOT 18, CONCESSION 2, FORMER TWP. OF DARLINGTON OUR FILE: DEV 86-38 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-59-87 be received; and 2. THAT By-law No. 86-136 be repealed; and 3. THAT the application submitted by Mr. J. Victor, Q.C., on behalf of Ernest Colliss, as modified by Staff, to rezone a parcel of land located in Part of Lot 18, Concession 2, former Township of Darlington to permit the development of one (1) * additional residential lot on private services, and the attached by-law, be forwarded to Council for approval. BACKGROUND AND COMMENT: Un Niay 29, 1986 the Planning Department received an application for rezoning from Mr. J. Victor, Q.C., on behalf of Nlr. Colliss. This application proposed a rezoning to permit the development of one (1) additional residential lot. This lot was proposed to be 100 feet frontage by 1,323 feet in depth. ...2 L~d~ REPORT NO.: PD-59-87 Page 2 At the General Purpose and Adminstration Committee meeting of July 21, 1986, Report PU-190-86 was considered by the Committee and the recommendations contained within this Report were approved. On July 28, 1986 Council endorsed the following recommendations made by the General Purpose and Administration Committee: "THAT the application submitted by Mr. J. Victor, Q.C., on behalf of Mr. Collis , to rezone a parcel of land located in Part of Lot 18, Concession 2, former Township of Darlington to permit the development of an additional lot be tabled to afford the applicant the opportunity for further dialogue with the Central Lake Ontario Conservation Authority Staff in consideration of the policies within the Durham Regional Official Plan pertaining to "Environmentally Sensitive Lands". The only objection to the application was received from the Conservation Authority. The Regional Planning Department provided comments which Staff interpreted as not being an objection to the application. The applicant and the Central Lake Ontario Conservation Authority had a meeting and the issue was resolved to the satisfaction of both parties. The problem was with the boundary of the rezoning. The Conservation Authority was concerned about the possible degradation of the forest block and groundwater recharge area which are located at the east side of the applicant's lands. The resolution was to modify the application so that the depth of the rezoning was limited to only 325 feet. This depth would not intrude into the area which the Authority was attempting to protect. The Conservation Authority was not of the opinion that an Environmental Impact Statement was required in this instance; but should further resi denti a1 development be proposed support would not be offered without such a study. Report PD-247-86 was presented to the General Purpose and Administration Committee on October 20, 1986. This Report recommended approval of a rezoning for one (1) additional residential lot. By-law No. 86-136 was passed on Uctober 28, 1986. Notice of the passing of the By-law was sent out and on November 28, 1986 Staff received notice that the Region of Durham ...3 fLd) REPORT NO.: PD-59-87 Page 3 were filing an appeal of the By-law. The appeal was lodged based upon non-conformity to the Official Plan. The Regional Planning Staff had two reasons. Firstly was that the proposal represents an infilling situation since it was not located between two buildings. The second concern was that the amendment was for only one (1) lot and this did not comply with the Official Plan policies. At the General Purpose and Administration Committee Meeting of January 5, 1987, Report PU-lU-87 was presented. The recommendation in this Repo rt was as follows: "THAT Staff be authorized to amend the application to conform with the current Regional Policy regarding Clusters and that Staff bring forward a recommendation at the earliest possible opportunity." This was adopted by the Committee, forwarded to Council and approved on January 12, 1987. On January 14, 1987, Staff re-circulated the application, amended to comply with the Official Plan policies currently in place. Staff would note for the Committee's information that 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. Staff would note that no objections to the proposal were received at the writing of this Report with respect to the amendment requested. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted within Staff Report PD-10-87. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: - Ministry of Natural Resources - Central Lake Ontario Conservation Authori ty - Department of Health Services - Ontario Ministry of Agriculture and Food - Newcastle Public Works Department ...4 ~~d) REPORT NO.: PD-59-$7 Page 4 After review of the proposal, Staff revised the application to address the concerns of the Regional Planning Staff. The Schedule attached to the $y-law is designed so as to include all lots which are of such a frontage as to approximate the "Rural Cluster" zone. This includes a total of seven (7) existing lots. Staff did not include any further lots to the south or north due to their very large size, approximately 10 acres each. To include either of these lots would add to the number of additional lots which would be permitted in the area. To allow such development would not be in keeping with the desire to protect the forest block and the groundwater recharge area. Each of these lots have in excess of 300 feet of frontage which would permit up to two (2) new lots each. Staff wishes to limit future development in this area and the rezoning has been designed so as to accomplish this end. The Regional Planning Staff provided the following comments to the re-circulated plan: "This is in response to your request for comments of January 14, 1987 concerning the above-noted proposed zoning amendment. It is our understanding that the purpose of this amendment is to define the boundaries of a "cluster" settlement under the revised policies instituted for such settlements in the Durham Regional Official Plan (see Official Plan Amendment No. 155). Under these policies an area municipal Council may recognize definable groupings of non-farm residential dwellings within its district plan and/or zoning by-law to allow for limited development in the form of "infilling" and, in exceptional circumstances, minor extensions on the periphery of the existing developed area. "Minor extensio ns" has been defined by the plan as meaning the creation of one additional lot on the edge of existing development, but inside the cluster's boundary as defined by Council. The Durham Plan contains a number of prerequisites for the use of this technique for defining "cluster" settlements, including a requirement for conformity to the Agricultural Code of Practice. We would suggest that the Town contact the Ministry of Agriculture and Food to enquire as to the applicability of the Code in this instance. Also, we would note that the Durham Plan gives a general indication of environmental sensitivity in the area of the subject lands (see Section 1.2 of the Regional Plan). It is suggested that comments from the Conservation Authority be solicited in this regard." ...5 ~Ld) REPURT NO.: PD-59-87 Page 5 Ministry of Agriculture and Food "Staff of the Ministry of Agriculture and Food have reviewed the above development proposal. Consideration has been given to the proposal in trms of the goals and objectives of the Ministry and of the criteria and policies outlined in the Food Land Guidelines. Based on our present knowledge, the Ministry has no objections to the proposal." Central Lake Ontario Conservation Authority "It would appear that the inclusion of seven (7) existing residences within the Residential Cluster boundary would not alter the intent of the previous DEV 86-38 circulation. The potential for further residential development will still remain, only with the single northern lot. Therefore, as the revised rezoning boundary does not raise any new concerns for the Authority, Staff have no additional comments, to those supplied in our letter of September 19, 1986." STAFF COMMENTS: Staff has reviewed the Regional Official Plan policies regarding Node and Cluster development, Amendment No. 155 to the Regional Official Plan, and in light of the above comments, Staff are of the opinion that this area conforms to the characteristics of a cluster set out in Section 10.2.1.3, as amended: "i) The cluster is recognized as a definable separate entity and is of a size so as not to be considered as scattered or strip development; ii) the entire cluster, including areas proposed for development, is identified in the District Plan, local Official Plan, and/or restricted area zoning by-law. Once defined no further extensions to the cluster shall be permitted; iii) the existing group of dwellings are on relatively small lots generally being less than approximately 3 ha; iv) new clusters shall be discouraged from locating on a Provincial Highway or Type "A" arterial road; and v) development within the cluster is compatible with the surrounding uses and conforms with the Agricultural Code of Practice." ...6 ~Cd) REPORT NO.: PD-59-87 Page 6 The subject lands are an identifiable set of homes on existing lots which have frontages which approximate the minimum requirement of the "Rural Cluster" zone of the Zoning By-law. The road frontage is a local road, not a Provincial Highway or Type "A" Arterial. Lastly, as explained above, the Ministry of Agriculture and Food had no objection to this proposal. The proposal to create one (1) additional residential lot has not changed since the application was received. The shape of the lot was modified so as to alleviate the concerns of the Conservation Authority. The objection which was received dealt with the extent of the area to be rezoned in relation to the Official Plan policies. Staff have modified the boundaries so as to conform to these current policies. This modification has altered the application in that, instead of rezoning only the lands to be severed, the area now covers seven (7) lots. The land owned by the applicant is the only property which is large enough in terms of frontage to permit a further severance. Staff were concerned that the area not include lots which could be further severed. To this end, the lots with 300 feet of frontage were not included in the area to be rezoned. Staff are of the opinion that the revision which has been made addressed the concern which precipitated the appeal to By-law 86-136. Staff respectfully recommends that By-law 86-136 be repealed and the By-law attached hereto be forwarded to Council for approval. Respectfully submitted, Recommended for presentation to the Committee Lawrence t~ Kotseff Chief m'r~istrative Officer TFC*TTE*jip *Attach. February 17, 1987 cc: rvlr. J. Victor, Q.C. 235 King Street East, P.O. Box 201 OSHAWA, Ontario L1H 7L1 Ica) THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-63, the Comprehensive 'Zoning By-taw of 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 THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. By-law 86-136 of the Town of Newcastle is hereby repealed. Z. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Residential Cluster (RC) Zone" as shown on the attached Schedule "X" hereto. 3. 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 1987 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. U This is Schedule "X" to Bylaw 87° ;~ passed this day of ,198 7 A.D. NASH ROAD W ~- N A . . nglo of N d0~ lot 18, Con.2 g N 72043~00'~E 99060 ~ ' o LOT 18 a ~ CON 2 3 . 3 _ o W $~ _u~ o ma ~~ a,. M O ~ O ZN Nm Z W J Y ~.. 1 cQ 99060 C N72°22'30"E • ® ZONE CHANGE FROM I A ~ TO ' RC' 0 25 60 100 I50 250m Mayor 25 0 Clerfc . LOT 19 LOT 18 LOT 17 -_.._ . NASH ROAD - - ~. A ~ SUBJEC SITE i A 0 a 0 a 0 c w o i z w ~ ~ w ~ w ~ J a EP 4 N A o w v f z o . U MAPLE GROVE ° 5° loo 200 300m ~. ~ 50m 0 ,~