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TOWN OF NEWCASTLE
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REPORT File # ~~~ ~.~~
Res . # /~ -~~ -~"~
By-Law #
NEETIf~i: General Purpose and Administration Committee
DATE: Monday, July 6, 1987
T #: PD-169-87
FILE #: 86-89/D & DEV 86-61
Sl1BJECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 86-89/D
REZONING APPLICATION - DEV 86-61
APPLICANT: MR. & MRS. S. STABY
PART LOT 27, B.F.C., FORMER TWP. OF CLARKE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-169-87 be received; and
2. THAT Report PD-115-87 be received for information; and
3. THAT the Region of Durham be advised that the Town of Newcastle recommends that
site specific Official Plan Amendment application 86-89/D submitted by Mr. & Mrs.
S. Staby to permit the creation of one (1) additional residential lot in Part Lot
27, B.F.C., former Township of Clarke, be denied; and
4. THAT the Region of Durham be requested to amend the "Major Open Space System"
designation on Schedule "A5" of the Durham Regional Official Plan, as shown by
* Attachment No. 2 to this Report; and
5. THAT Rezoning Application DEV 86-61 be approved and the by-law to amend By-law
* 84-63 attached to this report as Attachment No. 4 be forward to Council for
approval at such time as the related Official Plan Amendment has been approved by
the Region of Durham; and
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REPORT NO.: PD-169-87 Page 2
6. THAT the request of the Bond Head residents to increase the minimum
frontage of new lots within the Rural Cluster of Bond Head from 40
metres to 50 metres be approved in principle; and
7. THAT Staff be authorized to proceed with the processing of an
amendment to By-law 84-63 to increase the minimum frontage
requirement of the "RC-1" zone from "40 metres" to "5U metres";
and
8. THAT a copy of this Report and Council's decision be forwarded to
the applicant and the interested parties indicated hereto.
9. Pursuant to Section 34(16) of the Planning Act Council resolves
that further notice is not required in respect of the revised
by-law.
BACKGROUND:
Un April 21, 1987, the General Purpose and Administration Committee
* considered Staff Report PD-115-87 (copy attached) in respect of the Official
Plan Amendment and Rezoning applications submitted by Mr. & Mrs. S. Staby to
permit the creation of one (1) additional residential lot in Part Lot 27,
Broken Front Concession, former Township of Clarke. The Report recommended
that a site specific amendment not be approved, but rather that an area
generally south of the C.N.R. tracks be redesignated in the Durham Regional
Official Plan from "Permanent Agricultural Reserve" to "General
Agricultural".
A delegation representing residents of Bond Head spoke to Committee in
respect of the Staff Report, and suggested that, as an alternative to
redesignating a large area to "General Agricultural", the east side of Park
Steet south of Queen Street be redesignated and rezoned to a residential
classification with the same frontage and area requirements for the Bond
Head Cluster. Committee and subsequently Council resolved to refer the
report back to Staff to consider the alternatives submitted by the
delegations and to discuss with the applicant.
...3
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REPORT NO.: PD-165-87 Page 3
Planning Staff met with Bond Head residents who indicated that their
preferred alternative was to extend the "Major Open Space" designation,
which lies along the Lake Ontario waterfront, up the eastside of Park Street
to Queen Street. This alternative is shown by Attachment #2 to this Report.
The Bond Head residents also submitted a petition to the Planning Department
requesting that the minimum frontage requirement for new lots in the Bond
Head Cluster, as required by the "RC-1" zone of By-law 84-63, be increase
from 40 metres to 50 metres, and that a maximum of 50 lots for Bond Head be
* specified. A copy of the petition is attached hereto as Attachment No. 3.
COMMENT:
As indicated previously in Report PD-115-87, Staff do not support a site
specific Official Plan Amendment to permit the Stabys' to sever one
additional residential lot, and it is therefore recommended that the Region
be advised that such is the Town's position.
Staff, however, do not have any objection to extending the Major Open Space
designation as indicated by Attachment No. 2. This would permit a Rural
Cluster to be defined along the eastside of Park Street, thereby recognizing
the residential nature of this side of the street and its association with
the Bond Head Cluster. As well, such a limited redesignation would
discourage the residential development of agricultural lands in the area.
Accordingly, it is further recommended that the Region be requested to amend
Schedule "A5" of the Regional Official Plan by extending the "Major Open
Space" designation as indicated by Attachment No. 2.
It is further recommended that Rezoning Application DEV 86-61 as submitted
* by the Stabys be approved, and that the By-law attached hereto as
Attachment No. 4, be forwarded to Council at such time as the related
Official Plan Amendment is approved by the Region. As indicated in Report
PD-115-87, the small farm operation on the applicant's property will need to
be discontinued prior to the By-law being approved by Council. Staff have
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REPORT NO.: PD-169-87 Page 4
spoken with the applicants to ensure that they are aware of this
requirement.
With respect to the petition submitted by the area residents, Staff note
that the BondHead Development Plan, as implemented by By-law 83-95,
specified a minimum lot frontage of 40 metres. As a result of objections
submitted by area residents, the minimum frontage requirement was increased
to 50 metres through By-law 83-120 which was approved by the Ontario
Municipal Board. The minimum frontage requirement was re-established at 40
metres through the "RC-1" zone provisions of By-law 84-63.
Staff note that the intent of the Bond Head Development Plan was to con tr o 1
infilling and to limit redevelopment in the Bond Head Cluster. Through the
review preceding the approval of the Comprehensive Zoning By-law, it was
felt that the intent of the Development Plan was maintained with a 40 metre
minimum frontage requirement. Staff would have no objection to increasing
the frontage requirement to 50 metres, but feel that specifying a maximum
number of lots would be inappropriate inasmuch as the maximum is give by the
Development Plan. As well, if lots are developed in accordance with the
frontage and area requirements of the "RC-1" zone, the maximum number of
lots would not be exceeded.
It is therefore recommended that Council give consideration to increasing
the minimum frontage requirement in the Bond Head Cluster, from "40 metres"
to "50 metres", and that Staff be authorized to proceed with the processing
of the amendment to By-law 84-63. Staff note that the By-law to rezone the
east side of Park Street to permit the Stabys' to sever the additional lot
specifies a minimum lot frontage of 50 metres, pursuant to the requirement
of the Bond Head residents that the new lot be in character with other lots
within Bond Head. The applicants have indicated no objection to the
frontage requirement; as well, the subject property has sufficient frontage
...5
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REPORT NO.: PD-169-87
Page 5
and a review of topographical mapping indicates that the location of the
Staby's home would permit the creation of one (1) additional lot in
accordance with the By-law's provisions.
Respectfully submitted,
. dwards, M. .P.
Director of Planning
Recommended for presentation
to the Committee
.~~ i ~~~ ,~ / ~ r
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awrenc E. otse
Chief A ministrative Officer
JAS*TTE*jip
*Attach.
June 8, 1987
CC: Mr. & Mrs. Stephen Staby
P.O. Box 467
NEWCASTLE, Ontario
LOA 1H0
Mr. Erskine Duncan
R.R. #3
NEWCASTLE, Ontario
LOA 1H0
Mrs. Lynda MacGregor
P.O. Box 9
NEWCASTLE, Ontario
LOA 1H0
Mrs. Diana Grandfield
R.R. #3
NEWCASTLE, Ontario
LOA 1H0
Mr. J. Arthur Wynn
R.R. #3
NEWCASTLE, Ontario
LOA 1H0
Mr. S. McFadden
R.R. #3
NEWCASTLE, Untario
LOA 1H0
Mrs. G.M. MacDonnell
Box 92
NEWCASTLE, Ontario
LOA 1H0
Mr. & Mrs. Robert Davidson
R.R. #3
NEWCASTLE, Ontario
LOA 1H0
This is cheuie
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TOWN OF NEWCASTLE
REPORT
P~EETING: General Purpose and Administration Committee
ATTACHMENT N0. 1 TO
~tEPORT NO.: PD-169-87
File #
Res_ #
By-Law #
DATE: Tuesday, April 21, 1987
REPORT #: PD-115-87 FILE #: OPA 86-89/D
SUB,ECT: APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN
MR. & MRS. S. STABY
PART LOT 27, B.F.C., FORMER TWP. OF CLARKE
FILE:-- 86-89/D
RECOMMENDATIONS:
~It is respectfully recommended that the General; Purpose and administration Committee
'recommend to Council the following:
" 1.' .:;;.,THAT Report PD-115-87 be received; and
,.. - -
~2. ~; THAT .the ,Region of~Durham be advised .that the Town of Newcastle recommends that site
.specific Official Plan Amendment.application 86-89/b submitted by Mr..:& Mrs. S.
Staby-to.permit the creation of one (1) additional residential lot in .Part Lot 27 ,.
. -<.B.F:C.,~former Township of .Clarke, be denied; 'and
3 'THAT.the Region of Durham be requested to amend the "Permanent Agricultural Reserve°'
~~ designation in the area identified by Attachment No. 4 to Report PD-115-87 to.
"General Agricultural"; and
4. THAT a copy of Staff Report PD-115-87 and Council's decision be forwarded to the
Region of Durham, the applicant and the interested parties indicated hereto.
BACKGROUND
On January 9, 1987, the Town received notice from the Region of Durham of an application
to amend the Durham Regional Official Plan submitted by Mr. & Mrs. S. Staby to permit the
creation of one (1) additional residential lot in Part Lot 27, B.F.C., former Township of
_ - .!
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REPORT NO.: PD-115-87 Page 2
~ ~ ~~
* Clarke (see Attachment No. 1). The property is designated "Permanent.
Agricultural Reserve" in the Official Plan and zoned "Agricultural (A-1)"
by By-law 84-63.
The Staby property was the subject of a rezoning application (DEV 86-61)
to permit the creation of the proposed lot. The Public Meeting for the
. rezoning was held on December 15, 1986. Staff indicated in Report
* PD-299-86 (see Attachment No. 2) that, although we have no concern with
the principle of the proposal, we are unable to support the application
due to the lack of conformity with the Regional Official Plan. Rural
clusters are not permitted within the "Permanent Agricultural Reserve".
Staff recommended that Council table the rezoning application to permit
the applicant to apply for an Official Plan Amendment. Committee. and
Council resolved.to endorse Staff's recommendation.
In accordance with Departmental policy, the subject Official.Plan
Amendment application was circulated by both Regional and Town Planning
Staff. The following comments were received. -
Region of Durham Works Department
~ "Muni,cip.al water supply and sanitary sewer services are not available to
the subject.lands, and-tiie Regional Works Department has no plans within
its capital budget to extend said'services to the frontages of the said
1 and. Therefore, i ndi v~idual wel 1 s and private sewage disposal woul d
appear to be the only available method of servicing to the site.
In addition, our concerns over the payment of Regional levies for the
creation of an additional residential lot are anticipated to be covered
.through the subsequent process of severance application.
On the basis of the above, we have no objection to further processing of
this amendment application to permit a f uture severance."
The following agencies indicated no objection to the subject application:
- Ganaraska Region Conservation Autho rity
- Region of Durham Health Unit
- Ministry of Agriculture and Food
- Ministry of Natural Resources
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REPORT NO.: PD-115-87 Page 3
Comments from the Town's Community Services; Fire, Public Works and
Building Departments were not solicited inasmuch as they had indicated no
objection to the rezoning application.
Une letter signed by six (6) residents of the Bond Head area was
submitted in objection to the subject application. A typed version of
* the letter as provided by the Region is attached hereto as Attachment No.
3.
COMMENT:
None of the agencies circulated indicated an objection to the creation of
the additional lot. The Regional Works Department has indicated
municipal sewer and water services are not available to the subject site.
Staff note that municipal water is available to properties with front age
on B.oulton Street. Amendment No. 72 to the Durham Regional Official.Plan
limited residential infilling on municipal water to those properties
fronting~on Boulton and Mill Streets within .the residentialcluster of
Bond Head. The Staby property is not considered part of the Bond Head
cluster inasmuch as it does not front on Boulton Street.
Amendment No. 155 to the Durham Regional Official Plan, as approved by .~
the Ministry of Municipal Affairs, states that clusters shall be ~.
recognizable as a definable separate .entity and be of a size so as n ot`to
be considered as scattered or strip development, and that the existing
group of dwellings be on relatively small lots. The Town's Criteria for
identifying rural clusters as adopted by Council further specifies that
rural clusters are to be areas of rural non-farm related residential
development which exhibit similar lot characteristics and contain a
minimum of three (3) and a maximum of six (6) existing residential lots
for which building permits would be available,.and within which infilling
may occur up to a maximum of three (3) additional lots. A rural cluster
is to be bounded on at least three (3) sides by natural or physical
boundaries. Clusters are not to be permitted adjacent to active
agricultural operations.
...4
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' REPORT NO.: PD-115-87 Page 4
Staff have reviewed the subject application and are of the opinion that a
rural cluster could be defined on the east side of Park Road in
conformity with the criteria outlined above. Currently, there are four
(4) homes in the area bounded on the south by Boulton Street, on the west
by Park Road and on the north by the Bond Head Cemetary. A further thre e
(3) lots, including the new lot proposed by the Stabys, could be created
within the defined cluster. The lots would have similar lot areas and
frontages and would conform to the "Rural Cluster (RC)" provisions'of
By-law 84-63. Staff note as well that the lots would also be~similar in
size to those within the Bond Head cluster where. the minimum frontage and.
area requirements is 40m and 2500 square metres respectively, pursuant
to the "RC-1" zone provisions.
The criteria specify that the residential uses within a cluster. are to be
non-farm related. Staff note-:that the Stabys have a small farm operation
which includes a vegetable garden, and a small chicken. coop which is
currently located on the proposed new lot. A requirement of a rezoning
to "Rural Cluster" would~be the di scontinuation~of.the farming operation,
although the vegetable garden could be maintained provided it-was for the,
Stabys' personal use. The other residential uses on the east side of
Park Street are a11. non-farm related.
The criteria also specify that new lots .are not to be located adjacent to
active agricultural operations and must conform to the. Agricultural Code
of Practice. An agricultural operation is located directly to the east;
however, the Town's Criteria has been interpreted. to apply to only
agricultural buildings housing livestock. In that regard, Staff note
that the barns related to the agricultural operation are located
approximately 500 m to the north of the Staby property. Staff further
note that the Ministry of Agriculture and Food has indicated no objection
to the subject application.
The letter submitted by the area residents states that the applicant has
an apartment in the basement of their home. The Ministry of Revenue has
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REPORT NO.: PD-115-87
Page 5
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confirmed the existence of the apartment and, although their records
indicate the basement renovations were completed around 1978, no specific
information is available as to when the apartment was first rented to
tenants. Staff note that, prior to Council adoption of By-law 79-44 on
May 23, 1979, there was no zoning by-law in effect in Newcastle Village.
Accordingly, any use established prior to the above date would be legal
non-conforming. .
The residents also noted in their letter a concern regarding drainage
problems on the applicant's property. As a condition of the approval of
a Land Division application to create the additional lot, the Town could
require the submission and approval of a lot drainage plan. Similarly,
the Region of Durham Health Unit has indicated no objection to the
subject application and any concerns regarding the possible cont amination
of well water can be addressed by the Health Unit at the consent stage.
In considerati"on of the above, Staff would have no objection to the
recognition of a rural cluster on the east side of Park Street south of
the Bond Head Cemetary. However, Staff feel that a site specific
amendment would be inappropriate and suggest that the Region be requested
to reconsider the "Permanent Agricultural Reserve" designation for this
area in favour of a "General Agricultural" designation. Staff suggest
that the area to the south of the C.N.R. tracks as defined on Schedule A5
* of .the Regional Official Plan (see Attachment No. 4) would be appropriate
for redesignation, noting that this area is bounded on the south and west
by the "Major Open Space" designation and, in the area to the west of the
unopened Arthur Street road allowance, the land ownership pattern is
fragmented. There are large agricultural parcels to the east, but a
redesignation to "General Agricultural" would not have an effect on the
viability of these agricultural operations.
It is therefore respectfully recommended that the Region of Durham be
advised that the Town of Newcastle recommends that site specific Official
Plan Amendment application 86-89/D submitted by Mr..& Mrs. S. Staby be
denied. It is further recommended that the Region be requested to amend
( ( ~ ~a~
REPORT NO.: PD-115-87 Page 6
r
the "Permanent Agricultural Reserve". designation for the area i ndicated
* by Attachment No. 4 to this Report to "General Agricultural". If this
amendment is approved, the Town is then in a position to approve the
requested rezoning to permit the proposed severance.
,.
Respectfully submitted, ~ Recommended for presentation -
to the Committee
. war s, Lawrence otse
Di rector`: ofPlanning ,~ ;: Chief_Administrative Officer
JAS*TTE*jip; _ •. _ _
*Attach. ~ - - _ - ~ _
April 7, 1987 _
_ GC: ' Mr. •'& Mrs: S: S.taby ~ _
., -P:O: Box 467; _ _
NEWCASTLE,.Ontario, .LOA 1H0 ~~
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PROPOSED REDESIGNATION Td
'MAJOR OPEN SPACE
C~~ y
ATTACHMENT N0. 3
TO REPORT NU.:
May 11, 1987
Mr. Terry Edwards
Director of Planning & Development
Mu.~icipal Offices
Hampton, ON
PD-169-87~~a)
Dear Sir:
In July 1983, a significant numer of residents of Bond Head wrote to
Mr. D. Oakes to express our objections to the proposed "restricted area
by-law No. 83-95" to rezone lands situated at Bond Head, Newcastle Village.
Subsequent to this, in September 1983, we expressed agreement to the by-
law No. 83-95 with the following ammendments:
(i) lot frontage minimum of 175 feet
(ii) lot area minimum 34,300 square feet
(iii) the maximum number of lots permitted within the defined
area shall be fifty (50).
The matter was then referred to the Ontario Municipal Board. Two Public
Hearings with the O.M.B. were held~in December 1983 and July 1984. The
concerns and recommendations of the Bond Head residents were presented to
the members of the O.M.B. at that time.
On July 4, 1984, the Ontario Municipal Board's Order approved by-law No.
83-95 as amended by by-.laws 83-120 and 84-29. The main effect of this
was;
(i) to increase the minimum lot frontage of forty (40) metres
to fifty (50) metres.
(ii) to limit the maximum number of lots permitted in the de-
fined area to fif ty (50).
(iii) to delete the lands owned by Mr. Reginald Legresley in the
area of re-zoning.
Only recently, has it been brought to our attention that a new by-law No.
84-63 was passed in September 1984, in effect negating the order of the
O.M.B. in July 1984. The main effect of this was:
(i) a reduction of the minimum lot frontage from fifty (50)
metres back to forty (40) metres.
,,
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Page 2
' (ii) the deletion of the existance of zone special condition
6, and as a result, no maximum number of lots permitted
within this defined area.
At that time, none of the residents in the Bond Head area were infgrmed
personally of the proposed by-law 83-64. Apparently, there was a small
announcement in the local newspaper. Unfortunately, none of the residents
picked up on the announcement at the time and as such, we were unable to
once again voice our objections.
It seems rather ludicrous that the Eouncil would pass by-law 84-63 which
totally ignored the concerns of the Bond Head residents and negated the
recommendations of the O.M.B.
We the undersigned, strongly recommend that the Council of the Corporation
of the Town of Newcastle, take the necessary steps to change the present
forty metre lot frontage minimum back to fifty metres with a maximum number
of fifty lots in the area previously referred to as "special condition 6",
in the new schedule X attached to previous by-law 84-29.
Sincerely, ~~x
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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.
NUW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 7.3 "SPECIAL EXCEPTIONS:- RURAL CLUSTER (RC) ZONE" of
By-law 84-63, as amended, is hereby further amended by adding thereto
the following new Subsection 7.3.7 as follows:
"7.3.7 RURAL CLUSTER (RC-7) ZONE
Notwithstanding Section 7.2, those lands zoned "RC-7" on the
Schedules to this By-law shall be subject to the following zone
regulations:
a) Lot Frontage (minimum) 50 metres"
2. Schedule "5" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Agricultural Exception
(A-1)" to "Residential Cluster Exception (RC-7)" as shown on the
attached Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this By-law.
4. 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.
ATTACHMENT N0. 4 TO
REPORT NO.: PD-169.-87
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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.
NOW THEREFORE BE IT RESULVEU THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 7.3 "SPECIAL EXCEPTIONS - RURAL CLUSTER (RC) ZONE" of
By-law 84-63, as amended, is hereby further amended by adding thereto
the following new Subsection 7.3.7 as follows:
"7.3.7 RURAL CLUSTER (RC-7) ZONE
Notwithstanding Section 7.2, those lands zoned "RC-7" on the
Schedules to this By-law shall be subject to the following zone
regulations:
a) Lot Frontage (minimum) 50 metres"
2. Schedule "5" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Agricultural Exception
'"` (A-1)" to "Residential Cluster Exception (RC-7)" as shown on the
attached Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this By-law.
-- 4. 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.
Y
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This is Schedule "X" to By-law 87- ,
passed #his ~ day ofi ,1987, A.d.
F-. LOT 27
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