HomeMy WebLinkAboutPD-282-87DN: 282-87
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TOWN OF NEWCASTLE
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By-Law #
I`~7ING: General Purpose and Administration Committee
~~' Monday, November 2, 1987
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SUBJECT: REZONING APPLICATION - JEAN PAYNE
PART OF LOT 6, CONCESSION 2, CLARKE TWP.
OUR FILE: DEV 87-37
RECON~tEIdDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-282-87 be received; and
2. THAT the application for rezoning submitted by Jean Payne to rezone the
subject lands to "Rural Cluster (RC)" be approved and that the attached
by-law be forwarded to Council for approval.
BACKGROUND AND COMMENTS:
On April 28, 1987, the Planning Department received an application filed by Mrs.
Jean Payne to rezone a parcel of land within Part of Lot 6, Concession 2, former
Township of Clarke to permit the development of a Node/Cluster.
In consideration of same, the application was circulated to various Town
Departments and outside agencies for their review and comment thereon. Staff note
that the Payne's application proposed to create one (1) residential lot to the east
of their existing home, with frontage onto Highway No. 2, and to permit the
creation of an access immediately to the west of the newly created lot providing
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REPORT NO.: PD-282-87 PAGE 2
access to the parcel of land held under separate ownership by the Payne's
immediately north of their holdings fronting onto Highway No. 2, but otherwise
being landlocked. The proposed access would also be used by the existing
dwelling and the proposed residential lot.
The Durham Regional Official Plan allows new clusters to be developed as an
exception in Major Open Space areas if it is deemed desirable by the local
Council and within the characteristics as outlined in Section 10.2.1.3.
(i) the cluster is definable being bounded by a road allowance to the west,
Highway No. 2 to the south and a large agricultural operation to the
east. This cluster would not offer natural extensions to its boundaries
and infilling would be limited to one (1) additional lot.
(ii) there are three (3) existing dwellings, not including the applicants
and a fourth (4th) presently being constructed within the proposed
cluster area. Two of the lots are within the 3 ha guideline established
by the Official Plan; a third is 4.0 ha and the other is 16.85 ha. The
subject lands are 5.4 ha, however, should the rezoning be approved, a
proposed severance will create two lots more in line with the stated
guideline (3.0 ha).
(iii) the Official Plan discourages new clusters from locating on a Provincial
Highway. However, the rezoning of the subject lands does not impact on
Highway No. 2 because the proposed access will be used by two (2) lots;
the existing dwellings presently have access on the highway and there is
the possibility of only one further lot being developed through
infilling with the proposed cluster zone.
As previously mentioned, the application was circulated to other departments
within the Town of Newcastle as well as other government agencies. The
Ministry of Agriculture and Food had initially opposed the development of a
Rural Cluster, but after further review, withdrew their objection. The
Ministry of Transportation and Communications had no objection to the
rezoning, but will require that access to the subject lands be via the proposed
66 ft. right-of-way and that all buildings be setback 105 ft. from the highway
centreline. At the Building Permit stage, the applicant will be required to
receive a permit from the Ministry of Transportation and Communications for
development adjacent to The King's Highway, prior to being issued a building
permit from the Town of Newcastle. Other agencies provided comments but had no
objections to the proposed rezoning.
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REPORT NO.: PD-282-87
PAGE 3
Based on the above comments and policies of the Regional Official Plan, and in
consideration of the existing development to be included in the rezoning, Staff
offer no objections to the application for rezoning to permit the development
of a "Rural Cluster (RC)" area. Staff note that conditions on the road access
etc., will be included at the Land Division stage.
Respectfully submitted,
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T.T. Edwards, M.C.I.P.
Director of Planning
Recommended for presentation
to the Committee
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Lawrene E.~ Kotseff
Chief ~dm r~istrative Officer
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October 22, 1987
APPLICANT: Mrs. Jean Payne
R.R. ~~3
NEWCASTLE, Ontario
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CONCESSION ROAD 3
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Dev. 87-37
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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 Counoil of the Corporation of the Town of Newoastle doems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule "2" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Special Exception Agricultural (A-1)" to "Rural
Cluster (RC)" as shown on the attached Schedule "X" hereto.
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2. Schedule "X" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of passing hereof,
sub~eot to the provisions of Section 35 of the Planning Aet.
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.
MAYOR
CLERK
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This is Schedule ~"X" to By-law 87- ,
passed this ~ day ~ of ~ ,,19.8.7 A.D.
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