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
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►REWIRE THIS PLAN TO BE DEPOSITED n4
UNDER THE REGISTRY ACT. PLAN IOR
RECEIVED AND DEPOSITED
JANUARY 25,1982
AN 'ARDY� $z.
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DEPVTYLAND REGISTRAR FOR THE „ 1
Ome M. D. BROWN R nt REGISTRY DIVISION OF NEWCASTLE PdQro) z v°
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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.
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