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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) ....2 JU9 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 .j'IO 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 1 1 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 ....5 2 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 ~ SUBJECT SITE LOT26 LOT 25 LOT 24 LOT 23 NASH ROAD a <( 0 a::: 0 I ~ <( 0 u a::: I 0 u <( z z I <( - ::r: ..J 0 I A~ , I " I I , I I I I I I BLOOR STRE ET KEY MAP o 500 1000 m ro---_ I 500m ATTACHMENT :/1:1' C\J ~ Dev~93-005 J'14. 1- ~ - ~ .... II'-y?, I ~-_._- - (bNJlsl><~) ~NIQlln'>J '::j-"OtS ..\3~o...Ls: I ,~ J>'t><a) ~N/qlln:g :>I~l'<l .\3~oJ.s: z: . ----- \'-l -0 rJ r, 0 ~~ i1~ Z -I'-" L I -- 1- . :\~ \II 'j t:i ('I fu If) r- . 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