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DN: DEV90084.GPA
P U B L I C M E E T I N G
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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)
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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).
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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
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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
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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.
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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
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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
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