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Home My WebLink AboutPD-112-87y~ p ~ `1 TOWN OF NEWCASTLE r ~b~ REPORT File #~ ,~-~ - ~~~ce Res. # .~- By-Law # P~TI(~i: General Purpose and Administration Committee DATE: Tuesday, April 21, 1987 T #: PD-112-87 FILE #: DE _-13 CT: REZONING APPLICATION - SWALLOW PART LOT 20, CONCESSION 2, FORMER TWP. OF DARLINGTON OUR FILE: DEV 87-13 CLERK'S FILE: 60.35.347 RECO ENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-112-87 be received; and 2. THAT pursuant to Section 16.6.5 of the Region a1 Official Plan, the attached by-law to amend Part of Lot 20, Concession 2, former Township of Darlington to permit the creation of one (1) additional residential lot with an existing dwelling be approved in principle and forwarded to Council for approval. BACKGROUND AND COMMENT: On February 20, 1987 the Planning Department received an application filed by Mr. Strike on behalf of Mr. Swallow. The requested amendment was to permit the creation of three (3) five acre parcels for residential lots. The subject lands are designated as "Major Open Space" by the Durham Regional Official Plan. The Plan permits one dwelling on a lot of record (Section 12.2.10). This was a lot of record and has two (2) dwellings; therefore Staff are of the opinion that this is a non-conforming situation. In this case, the local municipal Council is permitted to deal with this type of application (Section 16.6.5). ...2 REPORT NO.: PD-1 - /v ~~~ 12 87 Page 2 The subj ect lands are currently zoned as "Agricultural (A)" by the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The By-law permits only one (1) single detached dwelling unless the second dwelling is on a lot of at least 2U hectares and is used by a person employed on the farm. This situation does not meet either of these requirements. It appears that this is also a non-conforming situation. Staff would note for the Committee's information that pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate sign age acknowledging the application was installed on the subject lands. Staff would note that no objections to the proposal were received at the writing of this Report with respect to the amendment requested. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted within Staff Report PD-71-87. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: - Newcastle Fire Department - Newcastle Building Department - Central Lake Ontario Conservation Authority - Regional Health Services Department - Ministry of Natural Resources The applicant submitted an application to the Land Division Committee in December, 1986 (Files: LD 763/86 and LD 764/86). The Committee tabled the applications at the meeting of December 8, 1986 and again on February 23, 1987. They were tabled to permit the applicant the opportunity to pursue the rezoning. The applications are to be heard in August, 1987. Staff have reviewed the provisions of the Durham Regional Official Plan and have difficulty in supporting the proposal to create three (3) five acre parcels. There are policies in place to recognize and delineate Rural Clusters in the Regional Plan and through existing policy which the Town has in place. Amendment No. 155 to the Regional Official Plan sets out the characteristics of a Cluster: ...3 (~ REPORT NO.: PU-112-87 Page 3 "Clusters shall contain the following characteristics: i) the cluster is recognized as a definable separate entity and is of a size so as not to be considered as scattered or strip development; ii) the entire cluster, including areas proposed for development, is identified in the District Plan, local Official Plan, and/or restricted area zoning by-law. Once defined no further extensions to the cluster shall be permitted; iii) the existing group of dwellings are on relatively small lots generally being less than approximately 3 ha (7.4 acres); iv) new clusters shall be discouraged from locating on a Provincial Highway or Type 'A' arteri al road; and v) development within the cluster is compatible with the surrounding uses and conforms with the Agriculture Code of Practice." The Town also has its policy on how to identify a node or cluster. The attachment to the Report (PD-180-86) which was presented to Council outlined the criteria which Staff examine: "For the purposes of this policy rural Nodes or Clusters are defined as areas of rural non-farm related residential development which exhibit similar lot characteristics and contain a minimum of~ three (3) and a maxi mum of six (6 ) existing residential 1 of s for which b ui 1 di ng permits would be available and within which infilling may occur up to a maximum of three (3) additional lots. A rural Cluster shall be defined as areas bounded on, at least, three (3) sides by natural or physical boundaries such as watercourses o r public streets. In addition to the foregoing, rural Nodes or Clusters shall not be permitted in areas. designated as "Permanent Agriculture Reserve" by the Regional Official Plan. In other designations Nodes or Clusters shall not be permitted in areas located adjacent to active, agricultural operations. Where a Node or Cluster is designated, it must comply with the Agricultural Code of Practice and the applicable provisions of the Town's Zoning By-law." ...4 ~~b) REPURT NO.: PD-112-87 Page 4 Staff are of the opinion that this application does not fall within the definitions set by either of the two policies. The subject lands are within an agricultural area and do not have similar development of this type in the area. The creation of a cluster in this location would not be desirable as this could lead to further severances. Bloor Street is a Type 'A' arterial and it is intended to limit the accesses to two (2) per rural road mile per side. Further severances would not meet this criteria. Staff cannot support a cluster designation since this could lead to further development, but there is a possibility for an alternative to be approved. Staff would support the separation of the two existing dwellings into two separate lots. This would not be creating any new uses nor would it allow for further severances. The By-law would be worded so as to permit only existing single detached dwellings. It appears that the recognition of these two lots as separate entities would not create further pressure for development on the area. Staff are proposing that the site be zoned as a special exception to the "Agricultural" zone. This would allow for the severance while controlling future development. The Town of Newcastle Public Works Department had no objection to the principle of the rezoning but noted that there will be charges for road reconstruction/upgrading. There will also be a road widening to bring Bloor Street up to the minimum width required for a Type 'A' Arterial Road (2G metres). Both of these would be conditions attached to the Land Division application. Staff have not received written comments from the Regional Planning Department as of the writing of this Report. The application was circulated for comment on February 27, 1987 and comments were requested within three (3) weeks. Staff have examined the Regional Official Plan and have based our comments upon our interpretation and upon past cases. ...5 Cb, i REPORT NO.: PD-112-87 Page 5 Staff would therefore recommend that the attached By-law be approved in principle and forwarded to Council for approval. Respectfully su~mit~~e~l, ,- ~/ '"- ;, ,~, .~ .S-r ~-' ~ ~-- ,J ;v~- T.T: Edwards, M.C.I.P. Director of Planning Recommended for presentation to the Committee ,~ -~-r ,~ L- wrence`~ ,Kotseff Chief A m'ni~trative Officer TFC*TTE*j i p *Attach. April 10, 1987 CC: Mr. A. Strike Strike and Strike P.O. Box 7 BUWNIANVILLE, Ontario L1C 3K8 ti it b~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle, pursuant to Section 16.6.5 of the Durham Regional Official Plan; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" of By-law 84-63 is hereby further amended by adding thereto the following new Subsection 6.4.26 as follows: "6.4.26 AGRICULTURAL EXCEPTION (A-26) ZONE Notwithstanding Section 6.1, those lands zoned "A-26" on the Schedules to this By-law shall only be used for an existing single family dwelling and uses accessory thereto. The placement of all buildings shall be in accordance with the provisions of Section 9.2 with the following exceptions: a) Lot Area (minimum) 2.0 hectares b) Lot Frontage (minimum) 100 metres" 2. Schedule "18" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Agricultural Exception (A-26)", as shown on the attached Schedule "X" hereto. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. (, - ;, This is Schedule ~"X" #o By-law 87- , passed this ~ day ~ ofi ~ ,198 7 A.D. ® ZONING CHANGE FROM ' A' TO'A- 26' Mayor LVI GI MAPLE GROVE VV 1 GV ~, a.v t ~ ~ N Z O W U Z O U 0 60 100 200 300 m m-,~--® 60m 0 2 ae~c ~~ BLOOR STREET