HomeMy WebLinkAboutPD-71-93
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: CHASKA.GPA
P U B L I C M E E TIN G
Meeting: General Purpose and Administration Committee File #
Date: Monday, May 3, 1993 Res. #
PD-71-93 DEV 93-005 #
#: File #:
Subject: REZONING APPLICATION - WAYNE CHASKAVICH
PART LOT 24, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 93-005
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-71-93 be received;
2. THAT the application to amend the Town of Newcastle
Comprehensive zoning By-law 84-63, as amended, submitted by
Wayne Chaskavich be referred back to Staff for further
processing pending the receipt of all outstanding comments;
and
3. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Owner:
John Chaskavich
1.2 Agent:
Wayne Chaskavich
1.3 Rezoning:
From Agricultural (A) to an appropriate zone
or zones in order to permit the development of
one (1) additional single family dwelling lot
through the consent process.
1.4 Area:
.94 hectares (2.32 acres)
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RECYCLED PAPIER
PAPEI1 RECYCLE
THiS IS f'IHffEDON IiECYClED PAPEfl
REPORT NO. PD-71-93
PAGE 2
2 . BACKGROUND
2.1 On February 26, 1993, the Town of Newcastle Planning and
Development Department received an application to amend zoning
By-law 84-63 in order to permit the development of one (1)
additional single family dwelling lot through the consent
process.
2.2 The subject lands are situated on a .94 hectare (2.32 acre)
parcel of land located at the south-east corner of Highway #
2 and Solina Road but is more formally described as Part Lot
24, Concession 2, in the former Township of Darlington.
3. PUBLIC NOTICE
3.1 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. In addition the appropriate notice was mailed to each
landowner within the prescribed distance.
3.2 As a result of the public notification process, the Planning
and Development Department has not received any written
submissions with respect to the subj ect application. However,
Staff have received one (1) telephone inquiry from an abutting
property owner who requested more detailed information
regarding the proposal.
4 OFFICIAL PLAN CONFORMITY
4.1 within the 1976 Durham Region Official Plan and the 1991
Durham Region Official Plan, the subject property is
designated Major Open Space. Both the 1976 and the 1991
Regional Official Plans discourage the development of new non-
farm rural residential dwellings within the Major Open Space
designation. However, both the 1976 and the 1991 Regional
....3
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REPORT NO. PD-71-93
PAGE 3
Official Plans permit the creation of a new non-farm rural
residential dwelling lot on an infilling basis between two (2)
existing dwellings in a cluster recognized in the zoning by-
law.
4.2 Although the proposed lot would be created between two (2)
existing dwellings, the surrounding area has not been
recognized as a cluster in the zoning by-law. Therefore, the
application cannot be considered to be in conformity with the
1976 or the 1991 Regional Official Plans. In order to permit
the creation of the lot on an infilling basis, the subject
property and the surrounding area must first be zoned as a
rural cluster. It should be noted that this application is
for rezoning for one lot and does not involve rezoning of the
abutting properties. Rezoning for one lot cannot be construed
as a rural cluster.
5 ZONING BY-LAW COMPLIANCE
5.1 within the Town of Newcastle Comprehensive zoning By-law 84-
63, as amended, the subject property is zoned "Agricultural
(A)" which requires a minimum of 100 metres of frontage and
40 hectares of lot area for newly created lots. Therefore the
applicant has applied to amend the zoning by-law in order to
permit the creation of one (1) additional dwelling through the
consent process.
6 AGENCY COMMENTS
6.1 In accordance with departmental procedures, the application
has been circulated to obtain comments from other departments
and agencies. The following provides a brief synopsis of the
comments received to date.
6.2 The Regional Health Department has reviewed the application
. . . . 4
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REPORT NO. PD-71-93
PAGE 4
and'object to the proposal on the basis that the proposed lot
is insufficiently sized in its present state to allow for
private sewage disposal.
6.3 The Ministry of Agriculture and Food advise that they have no
objections to the application. However, the Ministry notes
that a letter of "no objection" does not constitute support
for the application and the Ministry further acknowledges that
other agencies may have planning concerns.
6.4 The Ministry of Transportation has advised that they have no
objection to the proposal. However, the Ministry notes that
all access to the newly created lot will be restricted to
Solina Road with no direct access to Highway # 2. In
addition, the Ministry advises that any new dwellings will
need to provide a minimum setback of 7.5 metres from the
highway property line or 26 metres from the highway
centreline, whichever is greater.
6.5 The Community Services Department has no obj ection to the
proposal subject to the applicant providing 5% cash-in-lieu of
parkland dedication with the funds realized being credited to
the Parkland Reserve Account.
6.6 The only other agency to provide comments with respect to the
proposal was the Town of Newcastle Fire Department, which had
no objection to the application. The Town of Newcastle Public
Works Department, the Regional Works Department and the
Central Lake ontario Conservation Authority have all yet to
respond to the circulation.
7. STAFF COMMENTS
7.1 The applicant intends to rezone the subject property in order
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REPORT NO. PD-71-93
PAGE 5
to permit the creation of one (1) additional lot through the
consent process. In order for the application to be
considered, Council must be satisfied that the subject
property is part of a rural cluster. The recognition of the
subject property, and the surrounding area, as a distinct
cluster will be established through the circulation process,
through consultation with the region and through consultation
with the area residents. It appears that the only option
available to the applicant to rezone his property is to have
the surrounding areas rezoned as a rural cluster. If the
surrounding area merits the consideration for zoning of a
rural cluster, a second public meeting will be held to obtain
the input from those affected residents.
7.2 Nevertheless, in consideration of the comments which remain
outstanding, it would be in order to have the application
referred back to Staff for further processing and the
preparation of another report.
Respectfully submitted,
Recommended for presentation
to the Committee
d ~~
Franklin Wu, M.C.I.P.
Director of Planning
and Development
~
Lawrence E. Ko~se f
Chief Administrati
Officer
WM*FW*cc
Attachment # 1 -
Attachment # 2 -
22 April 1993
Key Map
Survey
Interested parties to be notified of Council and Committee's
decision:
Wayne Chaskavich
61 Prospect Avenue
Bowmanville, Ont LIC 3G9
1 3
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LOT26 LOT 25 LOT 24 LOT 23
NASH ROAD
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