The URL can be used to link to this page

Home My WebLink AboutPD-4-90 TOWN OF NEWCASTLE REPORT File # 4o . .aa -N: PETRYSITYN Res. # By-Law # PUBLIC MEETING STING: General Purpose and Administration Committee DATE: Monday, January 8, 1990 REPORT #: PD-4-90 FILE #: DEV 89-113 SUBJECT: REZONING APPLICATION - W. PETRYSITYN PART LOT 29, CONCESSION 4, DARLINGTON FILE: DEV 89-113 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-4-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by W. Petryshyn, be DENIED as it does not conform to the policies of the Durham Regional Official Plan; 3 . THAT a copy of Council's decision be forwarded to the interested parties attached hereto. 1. APPLICATION DETAILS 1. 1 APPLICANT: Walter Petryshyn Jr. 1.2 REZONING: From "Agricultural (A) " and "Environmental Protection (EP) " to a zone permitting the development of one ( 1) additional non-farm residential lot. 1. 3 AREA: 3 . 63 ha (8. 97 acres) 2 . BACKGROUND 2 . 1 In September of 1989 an application was received by the Town of Newcastle Planning and Development Department for a zoning by-law . . .2 �� 25 REPORT NO. : PD-4-90 PAGE 2 amendment to allow an 'infilling' for a non-farm residential lot. The subject parcel of land being 3 .63 ha (8 .97 acres) has an existing dwelling at the south/west corner. In addition in 1976 a severance was granted to allow the creation of 1 acre at the eastern edge of the original parcel. 3. LOCATION 3. 1 The subject property is located in Part Lot 29, Concession 4, former Township of Darlington. It is located on the north side of Pebblestone Road, east of Regional Road 34 (Courtice Road) and west of Trulls Road. 4 . EXISTING AND SURROUNDING USES 4 . 1 The subject property has an existing residential dwelling at the south west corner, the balance of the land is vacant and used solely for residential purposes . 4 .2 Surrounding land uses include: a residential dwelling to the east and abandoned gravel pit; limited residential on the south side of Pebblestone Road; a few residential dwellings on approximately 3.64 ha (9 . 0 acre) parcels; an abandoned rail line to the north, a creek, residential and agricultural uses . 5 . PUBLIC MEETING AND RESPONSES 5 . 1 Staff would note for the Committee's information that 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 and property owners within the required distance were advised of the proposal. 5.2 To date, no written submissions have been received with regards to the application. . . .3 526 REPORT NO. : PD-4-90 PAGE 3 6 . OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan policies, the subject land is designated 'Main Open Space' with indications of 'Environmentally Sensitive' lands . The predominant uses for land designated 'Major Open Space' shall be for agricultural and farm- related uses in accordance with Section 11.2 . 3 of the plan. Limited non-residential may be permitted in accordance with the applicable provisions of Section 10 .2 and 12 .2 .4 6 .2 The application does not conform to Section 12 .2 .4 as the subject land is not being used for agricultural purposes . In considering conformity to Section 10 .2, the clusters shall satisfy five (5) characteristics as per Section 10 .2 . 1. 3. (i) The cluster is to be recognized as a definable separate entity and is of a size as not to be scattered or strip. (ii) The entire cluster is identified in the Comprehensive Zoning By-law and no extensions are permitted. (iii) the existing group of dwellings are on small lots, less than 3 ha. (iv) new clusters shall be discouraged from locating on Provincial Highways or 'A' Type arterial roads . (v) development within the cluster is compatible with surrounding uses. 6 . 3 The subject application would not appear to comply with the third and fourth requirements . The majority of the lots are larger than 3.0 ha in size, and is situated on Pebblestone Road which is designated as a Type 'A' arterial road. The first criterion of a definable separate entity is also questionable. The application would does not appear to conform to the policies of the Durham Plan. 7 . AGENCY COM4ENTS 7 . 1 To date comments have been received from all but one ( 1) agency, that being Regional Public Works . The following agencies in providing comment noted no objection or concern with the proposal: - Newcastle Fire Department . . .4 5, 27 REPORT PD-4-89 PAGE 4 - Durham Regional Health Department - Ministry of Agriculture and Food 7 .2 The Town of Newcastle Community Services Department Staff has reviewed the application and has no objection to the proposal subject to the applicant providing a 5% dedication requirement being accepted as cash-in-lieu of parkland. 7 .3 The Town of Newcastle Public Works Department Staff have reviewed the said application and provide no objections to the proposal in principle. The applicant/owner is required to contribute to the costs of reconstruction/upgrading Pebblestone Road; that a 8 .23 m road widening be dedicated along Pebblestone Road; that the applicant bear the costs ( 100%) of any works on Pebblestone Road which are necessitated as a result of this development; the applicant is required to provide $1000 . performance guarantee for grading and drainage work; that the applicant make application for property access in conjunction with this proposal; and that all the standard Public Works comments design criteria be complied with. 7 .4 Central Lake Ontario Conservation Authority Staff have reviewed the subject application and note that the northern portion of the site is traversed by the Farewell Creek and substantial portion of the land in this vicinity is affected by the Regional Storm floodplain. Providing the flood-plain portion of the property remains in the existing "EP" zone, C.L.O.C.A. Staff would have no objection to the proposed rezoning of the balance of the lands. 7 .5 Regional Planning Staff have responded to the application noting the property is designated "Major Open Space" with an indication of "Environmentally Sensitive Areas, in the Durham Region Official Plan. The comments further note that the predominant use of land within this designation shall be for agriculture and farm-related uses . Limited non-farm related residential uses are permitted under specific circumstances . Section 12 .2 .4 of the Durham Plan . . . .5 528 REPORT NO. : PD-4-89 PAGE 5 recognizes retirement lots for a bona-fide farmer, an existing farmhouse rendered surplus as a result of farm consolidation, and a lot for a member of a farmer's immediate family provided that the individual significantly assists in the farm operation. The application does not appear to conform to these applicable policies . 8. STAFF COMMENTS 8. 1 The application has been filed to permit the development of one additional lot as an 'infilling' . Staff have reviewed the application based on the Durham Region Official Plan policies and are of the opinion that it does not meet the requirements of a cluster to allow the development to be considered as infilling. In view of the circumstances, Staff is of the opinion that this rezoning application be DENIED. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawii6nce E. Kot e f Director of Planning Chief Administrative and Development Officer CP*FW*cc *Attach 2 January 1990 Interested parties to be notified of Council and Committee's decision: W. Petryshyn Sr. W. Petryshyn Jr. R. R. # 3, R. R. # 1 Bowmanville, Ont. L1C 3K4 Hampton, Ontario LOB 1JO 5 ? 9 ® SUBJECT SITE 35 34 33 32 31 30 .29 28 27 26 25 i I CONC.'RD. ► , t soL r EP I I Z A•e a° 0 o ► _ c I EP � a i I � W 1 z I I ► ► I t o r C� Al W ; r I q.� Z ► r � + , r i 0 EP A'3 A , V o TAUNTON ROAD 0 SCHEDULE %F' I Q I (MITCHELL$ CORNERS) I I Z 0 EP =A I ► Q 0 A I EP I O z z 1 EP r:P 0 , I i ? W O A A N i Arl W I ;1 ' 0 I A-1 Z N i A_8 RE Ep 1 0 Ep 3 RC A A EP I I V Rc EP-S A PEBBLEST M3 ROAD Z I W I A-5 W I Z 0 � I U SEE I SCHEDULE 0 250 500 loo" , KEY MAP . 5o' 0 Dev. 89- 113 53 J