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HomeMy WebLinkAboutPD-68-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: BROOKS.GPA REPORT Meeting: General Purpose and Administration Committee File# i iA�, q Date: Monday, March 16, 1992 By-Law# Report#: File#: 058 (X-REF. : LD 293/91) Subject: REZONING APPLICATION - PETER BROOKS PART LOT 15, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 91-058 (X-REF. : LD 293/91) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-68 -92 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning by-law 84-63 , as amended, submitted by Peter Brooks be APPROVED. 3 . THAT the attached amendment to By-law 84-63 be APPROVED. 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Peter Brooks 1. 2 Agent: Robert Alexander 1. 3 Rezoning: From "Agricultural (A) " to an appropriate zone in order to permit the development of two (2) additional single family dwellings. 1.4 Area: 1. 01 hectares (2 .49 acres) 2. BACKGROUND 2 . 1 On November 21, 1991, the Town of Newcastle Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the creation of two (2) additional single family dwellings through the consent process. REPORT NO. : PD- 6B -92 PAGE 2 2 . 2 The proposal is situated on a 1. 01 hectare (2 .49 acre) parcel of land located on the west side of Regional Road #57 approximately 159 metres (521.7 feet) north of the intersection of Regional Road #57 and Old Scugog Road. However, the subject land is more formally described as Part Lot 15, Concession 3 in the former Township of Darlington. 2 . 3 The subject property currently contains one (1) single family dwelling. Therefore, the 1. 01 hectare (2 .49 acre) parcel would contain a total of three (3) single family dwellings. The suitability of the soils to adequately service three (3) single family dwellings was addressed by the Regional Health Department through the circulation process. 3. PUBLIC NOTICE 3 . 1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 3 . 2 As a result of the public notification process, the Planning and Development Department received one (1) telephone inquiry from an area resident who expressed concern with the nature of the development due to its close proximity with the northerly abutting estate residential plan of subdivision. 4. OFFICIAL PLAN CONFORMITY 4 . 1 Within the existing Durham Regional Official Plan the subject property is designated Major Open Space and therefore, the predominant use of land is to be for agricultural and farm- related uses. However, Sections 10. 2 . 1. 3 and 10. 2 . 1.4 of the Durham Regional Official Plan allows for the establishment and minor extension of Rural Clusters under the Major Open Space designation. Since the proposal can be considered as a minor extension to the existing Rural Cluster which abuts the - 49 REPORT NO. : PD-68 -92 PAGE 3 subject property to the south, the application can be considered to be in conformity with the Durham Regional Official Plan. 5. ZONING BY-LAW CONFORMITY 5. 1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, the subject property is zoned "Agricultural (A) " which permits the use of the subject property for agricultural and agriculturally related uses. Since the applicant is proposing to create two (2) additional single family dwelling lots, an amendment to the by-law is required in order to implement the proposed development through the consent process. 6. AGENCY COMMENTS 6. 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 comments received to date. 6.2 The Regional Health Department has advised that the subject property is sufficiently sized in order to create two (2) additional residential lots. However, the Regional Health Department has advised that the newly created lots and the retained lot will all be required to be approximately equal in size. 6. 3 The Community Services Department has advised that they have no objection to the proposal but will require the applicant to provide the Municipality with 5% cash-in-lieu of parkland dedication. This requirement as well as other Town's requirements such as the payment of the lot development charge will be imposed through the consent application process. 6.4 The balance of the circulated agencies which have provided comments are the Town of Newcastle Public Works Department, the Town of Newcastle Fire Department, the Regional Planning J50 REPORT NO. : PD- 68 -92 PAGE 4 Department and the Central Lake Ontario Conservation Authority. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. 7. STAFF COMMENTS 7. 1 The subject property is a small non-farm parcel which is currently zoned Agricultural (A) . The policies and provisions contained within the Durham Regional Official Plan and the Town of Newcastle Comprehensive Zoning By-law generally discourage the severing of agricultural property. Nevertheless, the subject property is only 1. 01 hectares (2 .49 acres) in size and is located between an existing estate residential plan of subdivision to the north and an existing rural cluster to the south. Therefore, the Planning and Development Department is of the opinion that the extension of the rural cluster to the north to include the subject property would not adversely impact on the abutting properties and in fact would generally blend in with the residential nature of the surrounding area. 7 .2 The applicant intends to create two (2) additional single family dwelling lots on the subject property. The Rural Cluster (RC) zone would require the lots to have a minimum of 30 metres (100 ft. ) of frontage and a minimum of 3000 square metres (3/4 acre) of lot area. As the subject property is 1.01 hectares (2 .49 acres) in size, the property could easily accommodate the minimum requirements of the By-law in order to create two (2) additional lots. However, the Durham Regional Health Department generally requires a minimum of 4000 square metres (1 acre) of lot area for lots which are serviced by private septic systems. Nevertheless, the Health Department has advised that the soils are of a quality that would allow for a lesser lot area but note that the existing lot and the newly created lots will all have to be of equal size. `j 1 REPORT NO. : PD- 68 -92 PAGE 5 8. CONCLUSION 8 . 1 In consideration of the comments contained within this report, the Planning and Development Department would have no objection to the approval of the attached zoning by-law amendment, as applied for. The amending zoning by-law would provide for an appropriate zone category in order to facilitate to creation of two (2) additional lots through the consent process. In addition, staff note that the zone requirements of the amending by-law will implement the Health Department condition through an increased lot frontage requirement and an increased lot area requirement. Respectfully submitted, Recommended for presentation to the Committee d Franklin Wu, M.C.I.P. Lawrence otseff Director of Planning Chief Adm n strative and Development Officer WM*FW*df *Attach 4 March 1992 Interested parties to be notified of Council and Committee's decision: Peter Brooks R.R.#1 Bowmanville, Ontario. L1C 3K2 Robert Alexander 235 King Street East Oshawa, Ontario. L1H 7L1 SUBJECT SITE LOT 16 LOT 15 LOT 14 LOT 13 CONCESSION RO AD 4 A-i Al l � Act � I .A o M3 M 0 Q 0°Q RE 0 .. W o W _ (D o � ° W t N J Q I � � Z. (RE-4. I o . o EP Rc ! rl CONCESSION ROAD 3 DARLINGTON KEYMAP ° 10020° 400m Dev. , 9 x°05 8 `:) J THE N r :REUNDER. M o LJ 1 . O I GRAPHIC , (PROPRIATION N 71019'E Mf u1D vhc FENC9 66 89.662. iEREDN. 11 yo.wo 030 116.632 NI 1 63.030 INO rENt6) (N71•23'E 63.061•INSi N••1026ts'"orol w to w w w k 1 IS 1 V • ° N E CL M E s N 3 a3u oval ^o �/•� M M I --rr11AN6 � 'MM LANG U • •�1 k j` 1 "AN III.p . �rO ^Q (NUIN 1--a07o WEN 1 r� {4 31, 1 ( !,' NO rCNt T fM06.6.31 it) �i N71 16E o (0. NBER N14316 (rT y, w a E. (N71•23'E 6- 00 0.61fE) N INlr.N•f19z663, — 16071) �1 „ _ )0.66 in J )C N c% w X 0: UNC ISUVEEN NV2 AND 31/2 Or 31/2.1.0713 .. - 1 6 1N r ♦r S J „N 72 31 E mfof. 67.56 IN72••Ilt•1NSi.Nt1026931 (DEEO,MCAS) N RIMO C;TABUS IED 8Y - Ui*!UME*J UY-LAW IDA"'RD tt D l NOV Y 435 uk NIS I C0'11Ccuka 1 -LE NEfENt"tcE Ili INxI.Ne U0.1%96.O SEP,13,toS6 I ' Focm�r-Cwe: J ,A%v\ Ng x• o• :i xrii:h o: sin INN,' 1721)'�O ►REWIRE THIS PLAN TO BE DEPOSITED n4 UNDER THE REGISTRY ACT. PLAN IOR RECEIVED AND DEPOSITED JANUARY 25,1982 AN 'ARDY� $z. r I10nolure DEPVTYLAND REGISTRAR FOR THE „ 1 Ome M. D. BROWN R nt REGISTRY DIVISION OF NEWCASTLE PdQro) z v° M � 1D • w V. !o THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for 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 RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 7.3 Special Exception-Rural Cluster (RC) zone is hereby amended by adding thereto the following new Special Exception 7.3.10 as follows: 117.3.10 Rural Cluster (RC) zone Notwithstanding Section 7.2 those lands zoned 11RC-10" on the schedules to this By-law shall be subject to the following zone regulations: a) Lot Area (minimum) 3200 square metres b) Lot Frontage (minimum) 38 metres 2. Schedule 111" to By-law 84-63, as amended, is hereby further amended by changing the zone designations from: "Agricultural (A)" to "Rural Cluster-Special Exception (RC- 10)11. 3. Schedule "A" 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 1992 BY-LAW read a second time this day of 1992 BY-LAW read a third time and finally passed this day of 1992. MAYOR CLERK This is Schedule "A" to By-law 92--, passed this day of , 19 92 A.D. LOT 15 CONCESSION 3 N 710 WE 89.662 m E E O M O O M 2 v0J k Q V O 3 LU C 0 Q: Oto d co z Z ZONING CHANGE 1 ® FROM 'A' TO 'RC-10' N 72°31 E 67.360 m FORCED ROAD (UNNAMED) 1 0 20 40 60m Mayor 10m Clerk LOT 16 LOT 15 LOT 14 LOT 13 CONCESSION ROAD 4 i ( 1 A-1 A', I I RE, A 2 1 I A a °a i a M 3 o M A a Z W RE 4 °_ J N f N Z , U (R EA 1 Z E o ° o a ( A Allu 1 � 1 EP Rc I Former Township 1 of DARLINGTON 1 0 250 50 1COOm CONCESSION ROAD 3 500. 100 .i ,� 1