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HomeMy WebLinkAboutPD-55-93 r l°Ff GC~F~G~A7"lOt~ GF T'hE IG ®F ~1GS°TL. DN: DEV90084.GPA P U B L I C M E E T I N G • ~ r Meeting: General Purpose and Administration Committee Fiie ~ p -~~>' " ° Date: Monday, April 5, 1993 Res °~~~~~~~~^rl PD-55-93 DEV 90-084 Sy-Law Repot Fife iubject: REZONING APPLICATION TOWN OF NEWCASTLE ON BEHALF OF WILLIAM PLAXTON PART LOT 9, CONCESSION 3/4, FORMER TOWNSHIP OF CLARKE FILE: DEV 90-084 (X-REF: OPA 90-088/D) ~ornrrrer~tior~a It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-55-93 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, initiated by the Town of Newcastle on behalf of Mr. William Plaxton be referred back to staff for further processing; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Town of Newcastle 1.3 Rezoning: From: "Agricultural Exception (A-1)" and "Rural Cluster (RC)" zones to an appropriate zone category to recognize the limits of the Cluster of Crooked Creek. 2. LOCATION 2.1 The subject lands are located on the west side of Regional Road 14 and on the north and south of Clarke Concession Road 4. The lands are legally described as being located in Part Lot 9, Concessions 3 and 4 former Township of Clarke. (See Attachment No. 1). ....2 ~AP~~ ° ~ ~~«v~~~E TLII515 PftiNTED.,... RECYCLED CAPLF REPORT NO. PD-56-93 PAGE 2 3. BACKGROUND 3.1 The application to amend the Town of Newcastle Comprehensive Zoning By-Law was initiated on September 4, 1992 by the Town of Newcastle on behalf of Mr. William Plaxton. This was initiate at a Special Council Meeting held on September 4, 1990 at which Council passed the following resolution: "THAT, as the result to damages caused by the tornado of August 28, 1990, the Director of Planning and Development be directed to liaise with Dr. M.R. Michael, Commissioner of Planning, Regional Municipality of Durham, to designate Part of Lot 9, Concession 3, former Township of Clarke, as a cluster or to consider alternatives to permit a land severance." 3.2 In consideration of the above, Staff Report PD-289-90 was submitted for Committee and Council's review. Council endorsed the following resolution # GPA-681-90: "THAT the Region of Durham be requested to amend Section 10.2.1.2 of the Durham Regional Official Plan by adding "Crooked Creek" as a known residential in the Town of Newcastle; THAT Mr. Plaxton be advised that he must make an application to the Durham Land Division Committee for severance of a one (1) acre lot north of the existing dwelling; THAT, once an application for severance is made, Staff be instructed to advise the Durham Land Division Committee that the Town supports the severance application and further, as conditions of approval, that the severed lot be deeded to Mr. and Mrs. Lloyd George and be held in their ownership for a period of ten (10) years, and that the applicant has to meet the standard requirements of the Town for land severance; and THAT Council authorize Staff to proceed to amend the Zoning By-law to accommodate the proposed severance in accordance with the requirements set out in the Planning Act." 3.3 On June 26, 1991, Region of Durham Council approved Amendment No. 261 to the Durham Regional Official Plan (1976) which recognized the area commonly known as Crooked Creek as a ....3 -- ui 1 REPORT NO. PD-56-93 PAGE 3 cluster so that a non-farm residential lot could be created. On October 15, 1991, the Council of the Town of Newcastle passed By-law 91-156 to amend the Town's Comprehensive Zoning By-law 84-63, as amended, to allow a non-farm lot to be severed in keeping with Amendment No. 261 of the Durham Regional Official Plan (1976). 3.4 Following the passage of the Official Plan Amendment and Zoning By-law Amendment, the Ministry of Agriculture and Food expressed concerns that the boundary of the proposed cluster should be defined before the Minister of Municipal Affairs gave approval to the Official Plan Amendment. As a result, the Region of Durham has identified the extent of the cluster to the satisfaction of the Ministry of Agriculture and Food. In order to allow Mr. Plaxton to proceed with the one lot severance, all of the lands within the proposed cluster must also be detailed within the Town of Newcastle Comprehensive Zoning By-law. 3.5 The purpose of this Zoning By-law amendment is to satisfy the requirements of the Ministries of Municipal Affairs and Agriculture and Food by rezoning those lands within the limits of the "Crooked Creek" cluster as identified by the Region of Durham Planning Department from "Agricultural (A-1)" to "Rural Cluster (RC)". The affected lands are shown in Attachment 1 of this Report. 4 EXISTING AND SURROUNDING USES: ~4.1 Existing Uses: Single detached residential and vacant 4.2 Surrounding Uses: East- agricultural and limited rural residential West- agricultural and limited rural residential North- agricultural and limited rural residential S~atY: ~.gric~altur:~l and li::itc3-r-u~ti.l re~~n-ti~l a ~ ~ REPORT NO. PD-56-93 PAGE 4, 5. OFFICIAL PLAN POLICIES 5.1 Durham Region Official Plan Within the Durham Regional Official Plan, the subject property appears to be designated as Permanent Agricultural Reserve and Major Open Space with indications of Hazard Lands. The predominant use of lands so designated shall be for agricultural and farm related purposes. The use of lands in the Permanent Agricultural Reserve for any purpose other than agricultural and farm-related uses shall not be permitted. There are two methods in which a cluster may be recognized. Limited non-farm residential dwellings may be allowed in certain clusters that have been identified in Section 10.2.1.2 of the Regional Official Plan. The second method, as prescribed by Section 10.2.1.3, is the recognition of a cluster within either the District Plan, local Official Plan, and/or Zoning By-law subject to Criteria. This criteria includes that the cluster be located within the "General Agricultural Area" or "Major Open Space System." 6. PUBLIC NOTICE 6.1 Pursuant to the requirements of the Planning Act and Council policy, notice of the Public Meeting with respect to the subject rezoning amendment initiated by the Town of Newcastle was mailed to all property owners with 120 metres (394) of the subject lands. 6.2 As of writing this report, no written submissions have been received. There have however, been several counter and telephone enquiries. These dealt with questions about what was proposed, the reason behind the zoning amendment and the limits of the lands to be re-zoned. Two residents expressed ....5 REPORT NO. PD-56-93 PAGE 5, their opposition to proposed zoning change and one expressed a desire to have the zoning on the east side of Regional Road 18 as well. 7. COMMENTS FROM AGENCIES 7.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received to date. 7.2 The following departments/agencies in providing comments, offered no objection to the application as filed: - Town of Newcastle Fire Department - Ganaraska Region Conservation Authority - Durham Regional Health Department 7.3 Staff notes that the Town of Newcastle Community Services Department requested that the 5% park land dedication be accepted as cash-in-lieu. This will be implemented at the land severance application stage. 7.4 The Town of Newcastle Public Works Department asked that the applicant provide a satisfactory lot grading and that the Region of Durham Public Works Department give approval for an entrance on to Regional Road 18. 7.5 The Region of Durham Public Works Department commented that municipal water supply and sanitary sewers are not available to the subject property and the use of a private well and private sewage disposal system would appear to be the only method available to the subject lands. It was also noted that it appears that the sight distances for a future entrance are not adequate and that Works Department staff are undertaking a detailed survey to attempt to establish a safe entrance location. • • • • n r3 `t REPORT NO. PD-56-93 PAGE 6 7.6 The Region of Durham Planning Department commented that the initial proposal to permit the creation of a non-farm residential lot was the subject of an application to amend the Durham Regional Official Plan (OPA 90-088/D). This application was dealt with as part of the Region's review of the Durham Regional Official Plan. On June 26, 1991, Region of Durham Council approved Amendment No. 261 to the Durham Regional Official Plan (1976) which recognized the area commonly known as Crooked Creek as a cluster so that a non- farm residential lot could be created. Following the passage of the Official Plan Amendment and Zoning By-law Amendment, the Ministry of Agriculture and Food expressed concerns that the extent of the proposed cluster be defined before the Minister of Municipal Affairs gave approval to the Official Plan Amendment. The Region of Durham has identified the limits of the cluster. The limits of the cluster must also be detailed within the Town of Newcastle Comprehensive Zoning By- law. 7.7 The Ministry of Agriculture and Food initially commented that the application did not comply with the Food Larid Guidelines as the proposal would create an incompatible use in a predominantly agricultural area and did not appear to be farm related in nature. After discussions with the Region of Durham Planning Department over the definition of the area to be included in the cluster, the Ministry withdrew its objection. The objection was withdrawn providing that the following is done: - the original By-law is repealed and a new By-law is passed outlining the cluster as shown in the Region of Durham's response of December 9, 1992; and, - the consent application is amended to reflect the new location of the proposed lot. .W `t REPORT NO. PD-56-93 PAGE 7 8. STAFF COMMENTS 8.1 The revised application for zoning By-law amendment is proposing to extend the limits of lands already zoned "Rural Cluster (RC)" to the south to coincide with the limits of the cluster or Crooked Creek as identified by the Region of Durham Planning Department. The proposed rezoning and defining the limit of the cluster of Crooked Creek is made to satisfy the Ministry of Agriculture and Food. 9. CONCLUSION The purpose of this report is to facilitate a Public Meeting as required under the Planning Act. As well it provides Committee and Council with some background information on the amended application. It is recommended that the application be referred back to staff for further processing and subsequent report after any issues or concerns raised by the Public Meeting are dealt with. Respectfully submitted, Recommended for presentation to the Committee r, Franklin Wu, M.C.I.P. ~ Lawrence E. Kots f Director of Planning Chief Administrate and Development Officer DM*FW*cc *Attach 30 March 1993 ....8 4~ l~: REPORT NO. PD-56-93 PAGE 8 Interested parties to be notified of Council and Committee's decision: William Plaxton Ministry of Municipal Affairs R.R. # 1 777 Bay Street Newtonville, Ontario Toronto, Ontario LOA 1J0 M5G 2E5 Att: Mr. Victor Doyle. Regional Municipality of Durham Planning Department Ministry of Agriculture and Food Box 623 Land Use Planning Branch 1615 Dundas Street E. 322 Kent Street West Lang Tower, West Building Lindsay, Ontario Whitby, Ontario K9V 2Z9 Att: Dale. Toombs I I I 4 I ~ Leaend / . .::Potential Cluster Expansion " Y~i~ixx ~~~Area Presently Zoned RC -Rural Cluster ^ / _ - e~ ~ cr°~ a Gear ~ o~ ~r~batarY _ _ CONCESSION Rp 4 FORMER ~ SCHOOLHOUSE , I ~ PARCELED RETAINED BY ~ MR.B~ MRS. PLAXTON i / ~ . _ ~ = 11r. . ~ PROPOSED LOT m -- F O R a MR. GEORGE ~ , a z ~-- o -- - ~ ~ w . ` ~ _ 1 ~ ~ ' / Y I ) I - = Schedule 'A' - Location Sketch o o W Town of Newcastle 4 a ,...p - w R° , ~ Fi 1 e No OPA 90-088 J ...................a...,. o CRlEK f ~ ~ ~ ° a O ,G 4 ISITE J ~ 2 ~ ( n W _ LL - -- ~ - . '~_r'~ KEY MAP r T ATTACHMENT # 1 J SUBJECT SITE LOT I4 13 12 i l l I01 9 , 8 17 116 5 I ii ~ ~I, , CONCESSION RD. 5 1 ' I I o - I I I I d- I I Ila ~ I I ~ I ~ IlO ~ I I 1 ~ i Z ~ ~ II ~ ~ ~ ~ ~ I I O „J1 ' IIQ ; ~ IEP ~ ~ ~ I I ~ i II> , -~ 1, I I ~ I 1 I Z I ' ~ a - CONCESS ON D, 4 A, ~ ~ ~ o ~ M I oy ~ °I Z E P I i f", I L I ~A ~ I ~0° I A"~a l O I ~ A ~d I 3 i (n I ~ ~ , w ~ w - ; A ~ a ; . I f-- W JA1 o Z I ~ ~ ~ ~ I~ ~ ~ A w I EPI J O _1___I ~ ~ I ~ I ~-~ I W V ' r ~Ep .CONCESSION RD.3 . I I I A I I I I ~ ; A-1 ~ i I ~ I I~ KEY MAP 5OOm 0 500 IOOOm ® e~ ATTACHMENT #2 E:~ ~:?~J