HomeMy WebLinkAboutPD-125-93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PAXTON.GPA
Meeting: General Purpose and Administration Committee
Date: Monday, September 20, 1993
PD-125-93 DEV 90-084
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REZONING APPLICATION
APPLICANT: TOWN OF NEWCASTLE ON BEHALF OF WILLIAM PLAXTON
PART LOT 9, CONCESSIONS 3 & 4, FORMER TOWNSHIP OF CLARKE
FILE: DEV 90-084
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-125-93 be received;
2. THAT the application to amend the Comprehensive Zoning By-law
84-63, as amended, of the former Town of Newcastle initiated
by the Municipality of Clarington on behalf of Mr. William
Plaxton to expand the limits of the Cluster of Crooked Creek
be APPROVED;
3 . THAT the amending by-law attached hereto be forwarded to
Council for approval; and
4. THAT the interested parties listed in this report and
any delegation be advised of Council's decision.
1.
1.1
1.3
APPLICATION
Applicant:
Rezoning:
DETAILS
Municipality of Clarington
From: "Agricultural Exception (A-1)" 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 18 on the north and south sides 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).
,)u9
....2
IlECYCLED PAPIER
PAPER flECYCLE
Tl-HS IS PRINfED ON RCCYCLED PAPER
REPORT NO. PD- 125-93
PAGE 2
3 EXISTING AND SURROUNDING USES
3.1 Existing Uses:
Single detached residential and vacant
3.2 Surrounding Uses:
East- agricultural and limited rural residential
West- agricultural and limited rural residential
North- agricultural and limited rural residential
South- agricultural and limited rural residential
4 BACKGROUND
4.1 The application to amend the Comprehensive Zoning By-Law 84-
63, as amended, of the former Town of Newcastle was initiated
on September 4, 1992 by the Municipality of Clarington on
behalf of Mr. William Plaxton. This was initiated 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."
4.2 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
....3
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REPORT NO. PD- 125-93
PAGE 3
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."
4.3 The amendment application was initiated on behalf of Mr. W.
Plaxton who made the request for his daughter and son in law
who were tenants of a dwelling located on Gilmore Road that
was badly damaged by a tornado on August 28, 1990. As a
result, the Georges are temporarily living with the Plaxton's
who own a 4.02 ha (9.95 acre) property on the west side of
Regional Road No. 18 (Newtonville Road) south of Concession
Road Four. The Plaxton's wish to sever off a lot from their
holdings so that Mr. and Mrs. George can build a house.
4.4 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.
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).
4.5 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
....4
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REPORT NO. PD-125-93
PAGE 4
severance, all of the lands within the proposed cluster must
also be detailed within the former Town of Newcastle
comprehensive zoning By-law. Following the Ministries
direction, the Municipality is now able to delineate the
extent of the cluster in the zoning by-law.
5 LANDS AFFECTED BY THE PROPOSED ZONING CHANGE
5.1 At present, lands within the limits of the "Crooked Creek"
cluster as identified by the Region of Durham Planning
Department are zoned "Rural Cluster (RC)", "Agricultural
Exception (A-1) ", and "Environmental Protection (EP)". To
satisfy the requirements of the Ministries of Municipal
Affairs and Agriculture and Food, the Zoning By-law amendment
was revised to propose changing the zoning on those lands
currently zoned "Agricultural (A-1)" inside the cluster
limits to "Rural Cluster (RC)". The zoning of lands already
zoned RC and EP would not change. The affected lands are
shown in Attachments 1 and 2 of this Report.
5.2 As is evident in Attachment 1, the form of the cluster would
be significantly altered. The revised rezoning application
does not propose to extend the RC zoning to the north of what
is currently zoned RC. There would be a minor extension to
the west to include one lot on the north side of Concession
Road Four. Lands on the east side of Regional Road 18 would
not be affected. The RC zoning would extend south of
Concession Road Four so far as to include the proposed new lot
for Mr. Lloyd George at the northern portion of the Plaxton
holdings. If the zoning change is approve, the development
potential on the affected may also change. On lands zoned RC,
a new lot may be created provided that the severed and
retained portions have a frontage of 30m (98.4 ft.) and
minimum area of 4000m2 (0.98 acre) as required by the Durham
. . .5
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REPORT NO. PD-125-93
PAGE 5
Heal th unit. Property ownership and the development potential
for each lot in the expanded cluster are shown on Attachment
3. Details on how each lot would be affected by the proposed
changes are as follows:
palmiri:. currently zoned RC
. would not be affected by proposed zoning
changes lot frontage and area are insufficient
to permit any severance(s)
Langstaff:
.
.
Lacroix: .
.
Farrow: .
.
Englebert:
.
.
Ogden:
paeden:
currently zoned RC
would not be affected by proposed zoning
changes as lot frontage and area are
insufficient to permit any severance(s)
currently zoned RC
would not be affected by proposed zoning
changes as lot frontage and area are
insufficient to permit any severance(s)
zoned RC and EP
would be affected by proposed zoning changes
in so far as there would be sufficient lot
frontage and area to permit the creation of
two (2) additional lots
zoned RC
would not be
changes as
insufficient
affected by proposed zoning
lot frontage and area are
to permit any severance(s)
.
.
zoned RC and EP
would not be affected by proposed zoning
changes as lot frontage and area are
insufficient to permit any severance(s)
.
.
zoned RC, EP and A-1
this lot is at the north west corner of
Regional Road 18 and Concession Road Four and
is bisected by a tributary of Crooked Creek
which is zoned EP
lands to the north of the creek are currently
zoned RC and would have sufficient frontage to
permit the creation of two (2) additional lots
the lands south of the creek are zoned A-1 and
would be rezoned to RC
there would not be any potential for a
severance even with the change in zoning of
the lands south of the creek as there is
insufficient area ....6
.
.
.
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REPORT NO. PD-125-93
PAGE 6
Andrews: .
.
.
Hills:
.
.
.
Gauthier: .
.
.
stickan: .
.
.
Plaxton: .
.
zoned A-1 and EP
portion of the lands would be rezoned from A-1
to RC
the change in zoning would not allow for
sufficient area ' for any additional
severance(s)
zoned A-1
would be rezoned to RC
the change in zoning would allow for one
additional lot through severance
zoned A-1
would be rezoned to RC
there would not be any potential for a
severance even with the change in zoning as
there is insufficient area
zoned A-1
a portion of the holdings, fronting on to
Regional Road 18, would be rezoned to RC
the change in zoning would allow for two
additional lots through severance
zoned A-1
a portion of the holdings would be rezoned to
RC the change in zoning would allow for one
additional lot through severance
5.3 Based on this analysis, there would be the potential for a
total of eight (8) lots that could be created: four (4)
severances would be permitted under the existing zoning and
four (4) additional severances would be possible under the
proposed zoning change.
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
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REPORT NO. PD-125 -93
PAGE 7
recei ved. 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
their opposition to proposed zoning change and one expressed
a desire to have the zoning on the east side of Regional Road
18 amended 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 from the Region of Durham and the Ministries
of Municipal Affairs and Agriculture and Food.
7.2 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 90-088jD). 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. The limits as defined by Durham Region are contained
within the proposed zoning by-law amendment (attached).
. . . . 8
.J
5
REPORT NO. PD-125-93
PAGE 8
7.3 The Ministry of Agriculture and Food initially commented that
the application did not comply with the Food Land 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.
7.4 The Ministry of Municipal Affairs commented that the
Ministries of Municipal Affairs and Agriculture and Food have
completed their review of Durham Region commissioner's Report
#92-P-155 which was adopted by Durham Region Council on
December 9, 1992. This report addressed concerns raised by
these Ministries. The outcome of their review was that
proposed Amendment to the Durham Region Official Plan (1976)
will be considered for approval provided that the Town of
Newcastle repeals Zoning By-law 91-156 and pass a new by-law
which defines the entire extent of the cluster of Crooked
Creek.
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 defining the limit
of the cluster of Crooked Creek is made to satisfy the
....9
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REPORT NO. PD-125-93
PAGE 9
Ministry of Agriculture and Food. The changes to the Zoning
By-law schedule conform to what was approved by the Region of
Durham as shown on Attachment #1. The zoning by-law amendment
would come into affect upon approval of the Official Plan
Amendment by the Ministry of Municipal Affairs.
8.2 In accordance with the direction of Council in compliance with
the requirements of the Region of Durham and the Ministries of
Agriculture and Food and Municipal Affairs, the proposed
zoning by-law amendment attached hereto is recommended for
approval.
Respectfully submitted,
/,',. ~10)' .' Q
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Franklin Wu, M.C.I.P~
Director of Planning
and Development
DM*FW*cc
7 September 1993
Attachment # 1 - Location Map
Attachment # 2 - Existing Zoning
Attachment # 3 - Ownership Map
Interested parties to be notified of Council's and Committee's
decision:
william Plaxton
R.R. # 1
Newtonville, Onto LOA 1JO
Regional Municipality
Planning Department
Box 623
1615 Dundas
Lang Tower,
Whitby, Ont
Ministry of Municipal Affairs
777 Bay Street
Toronto, Ont M5G 2E5
Att: Mr. victor Doyle
of Durham
Street E.
West Building
L1N 6A3
Ministry of Agr icul ture and Food
Land Use Planning Branch
322 Kent Street West
Lindsay, Onto K9V 2Z9
Att: Dale Toombs
John Ogden
R. R. # 1
Newtonville, Onto LOA 1JO
David & Gillian Hills
P. O. Box 425
Orono, Onto LOB 1MO
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~Area Presently Zoned RC - Rural Cluster
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LOT 8
PALM I R I (NO POTENTIAL FOR SEVERANCE)
LANGSTAFF (NO POTENTIAL FOR SEVERANCE)
LACROIX (NO POTENTIAL FOR SEVERANCE)
FARROW ( POTENTIAL FOR TWO SEVERANCES)
ENGLEBERT (NO POTENTIAL FOR SEVERANCE)
OGDEN (NO POTENTIAL FOR SEVERANCE)
PAEDEN (POTENTIAL FOR TWO SEVERANCES
NORTH OF THE CREEK,
NO POTENTIAL FOR SEVERANCE
SOUTH OF THE CREEK)
ANDREWS ( NO POTENTIAL FOR SEVERANCE)
HILLS ( POTENTIAL FOR ONE SEVERANCE)
, GAUTHIER ( NO POTENTIAL FOR SEVERANCE)
STICKAN (POTENTIAL FOR TWO SEVERANCES)
PLAXTON (POTENTIAL FOR ONE SEVERANCE)
Dev.90-084
Attachment' # 3 ~) ~~ 0
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-
law for the Municipality of Clarington and to repeal By-law 91-156.
WHEREAS the Council of the Corporation of the Municipality of
Clarington deems it advisable to amend By-law 84-63, as amended, of
the Former Town of Newcastle in accordance with the application DEV
90-084;
AND WHEREAS said By-law shall be passed pursuant to Section 24(1)
of the Planning Act, whereby it would not come into effect until
such time the related Official Plan Amendment has received approval
from the Ministry of Municipal Affairs;
NOW THEREFORE BE IS RESOLVED THAT the Council of the Corporation of
the Municipality of Clarington enacts as follows:
1. By-law 91-156 be and is hereby repealed;
2. Schedule "2" to By-law 84-63 as amended, is hereby further
amended by changing the zone designation from:
"Agricultural Exception (A-i)" to "Rural Cluster (RC)"
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing
hereof, subject to the provisions of section 34 of the Planning
Act.
By-law read a first time this
day of
1993.
By-law read a second time this
day of
1993.
By-law read a third and finally passed this
1993.
day of
MAYOR
CLERK
This is Schedule "A"
passed this~day
to
of
By-law 93"'_,
, 1993 A.D.
LOT 9
CONCESSION
LOT 8
4
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