HomeMy WebLinkAboutPD-107-87i
TOWN OF NEWCASTLE
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REPORT File # C~-i
Res. # /~ °.
By-Law #~ ~-
Its: General Purpose and Administration Committee
~~~ Monday, April 6, 1987
T #: PD-107-87 FII.F #: DEV 86-50
CT: REZONING APPLICATION - FRIEDRICHS
PART LOT 21, CONCESSION 2, FORMER TWP. OF DARLINGTON
OUR FILE: DEV 86-50 CLERK'S FILE: 60.35.314
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-lU7-87 be received.
BACKGROUND:
At the General Purpose and Administration Committee meeting of December 15, 1986, the
Pol ~lowi ng resolution was made:
"THAT the application for rezoning submitted by Rolf and Heidi Friedrichs to
rezone a 2.04 hectare parcel of land located in Part of Lot 21, Concession 2,
former Township of Darlington, from "Agricultural (A)" to "Rural Cluster (RC)", be
approved; and
THAT the necessary by-law amendment defining a "Residential Cluster (RC)" pursuant
to the provisions of the Durham Region Official Plan be prepared, and public notice
be provided in accordance with the requirements of the Planning Act."
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REPORT NO.: PD-107-87 Page 2
At the Council meeting of December 15, 1986 the resolution was approved.
Pursuant to this request, Staff have prepared and attached hereto, a by-law
to change the zoning to "Rural Cluster (RC)" from "Agricultural (A)".
The applicant has filed applications with the Land Division Committee to
create the three (3) new lots. Staff have attached a number of conditions
to the Land Division applications. These conditions are:
"The proposed uses do not conform to the By-law. The applicant has made
application for rezoning which has not yet received final approval. St aff
would prefer if the applications were tabled to permit the rezoning issue to
be resolved.
Should the Committee deem it appropriate to approve the application, Staff
would request that as conditions of approval, the applicant be required to:
1) have the rezoning application completed and be final and binding;
2) pay the appropriate lot development charges for each lot;
3) pay a 5% cash-in-lieu of parkland charge;
4) dedicate to the Town, free and clear of all encumbrances, a road
widening of 3.05m along the Nash Road frontage, and a 4.5m by 12.Om
sight triangle (see attached);
5) pay cash contributions for the road reconstruction costs of Nash Road in
accordance with Town Policy; and
6) provide the Planning Department with a copy of the deposited plan."
Staff would note that this is a non-farm related severance in a rural area;
therefore, Staff have requested that the cash-in-lieu of parkland dedication
be paid by the applicant. Staff are suggesting that the Town require this
for all consent applications, other than those which are considered as
farm-related severances. Until this time, only urban areas, estate
residential, and hamlet applications have had this condition attached to
them.
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REPORT NO .: PD-107-87 Page 3
Council requested that the amendment be prepared in accordance with the
Durham Regional Official Plan. The following are the comments submitted by
Regional Planning Staff regarding this application.
"In response to your request for comments, we note that the subject site
is designated "Major Open Space" in both the Durham Regional Official Plan '"
and the Town of Newcastle Official Plan. The applicant has requested zoning
to "Rural Cluster" and Section 10.2.1.2, 10.2.1.3, and 10.2.1.4 of the
Durham Regional Official Plan as approved by Regional Council state:
Section 10.2.1.2
The development of new non-farm residential uses shall be discouraged. Such
uses shall be encouraged to locate in the hamlets as identified in the Plan.
However, limited non-farm residential dwellings may be allowed in the
clusters known as Vroomanton, Vallentyne and Blackwater in the Township of
Brock• Cadmus Saintfield Scu o Centre and Victoria Corners in the
99
Township of Scugog; Glen Major in the Township of Uxbridge; Bond Head and
Taunton in the Town of Newcastle; Kinsale in the Town of Pickering; and
Audley i n the Town of Aj ax.
Section 10.2.1.3
In addition, limited non-farm residential dwellings may be allowed as an
exception in the form of new clusters within the General Agricultural Areas
and the Major Open Space System as designated on Map 'A', if it is deemed
desirable by the "Council of the respective area municipality and is
recognized in the District Plan, local Official Plan and/or restricted area
zoning by-law.
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.;
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REPORT NU.: PD-107-87 Page 4
Section 10.2.1.3 (Cont'd) 4
iv) new clusters shall be discouraged frorn locating on a Provincial
Highway or Type 'A' arterial road; and
v) development within the cluster is compatible with the surrounding uses
and conforms with the Agriculture Code of Practice.
Section 10.2.1.4
For the purpose of Section 10.2.1.2 new residential development within a
cluster may be in the form of infilling between two dwellings or in
exceptional circumstances, as a minor extension such that one additional lot
may be created on the periphery of the existing residential development
within the boundary of the cluster as defined in the District Plan, local
Official Plan and/or restricted area zoning by-law.
The existing development of one residential density does not appear to meet
the definition of cluster in Section 1O.2.1.3i) of the Durham Plan.
From our review of the application it appears that the proposed rezoning
does not conform to the Durham Regional Ufficial Plan policies."
Staff have reviewed the proposal and concur with Regional Staff; the
application does not appear to conform to the policies outlined above.
Staff's recommendations outlined in PD-260-86 remains the same. In view of
the Region's comments we would advise Council that in all probability,
approval of the attached By-law will result in an Ontario Municipal Board
Hearing.
We note that pursuant to Section 24 of the Planning Act; "...where there is
an Official Plan in effect... no by-law shall be passed for any purpose that
does not conform therewith". Although, Council has directed Staff to
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REPORT NU .: PD-107-87
Page 5
prepare a by-law in conformity with the Official Plan, we do not believe
this can be done given the very specific provisions of the Official Plan
related to rural clusters and the circumstances of this application. It is
our opinion an Official Plan amendment would be necessary to accommodate
same.
The attached by-law is submitted pursuant to Council's direction.
Respectfully submitted, Recommended for presentation
to the Committee
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dwar s, M.(,.I.P. awrend~ otse
Director of P 1 anni ng Chi ef~~~ ~ni ni strati ve Uf fi cer
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*Attach.
March 25, 1987
CC: Mr. & Mrs. R. Friedrichs
R.R. #3
BUWMANVILLE, Ontario
L1C 3K4