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Home My WebLink AboutPD-257-90 UNFINISHED BUSINESS #1 TOWN OF NEWCASTLE t' DN: BOYES.GPA REPORT File # Res. # �-� By law # MEETING. General Purpose and Administration Committee DATE: Tuesday, September 4, 1990 REPORT #: PD-257-90 FILE #: DEV 90-024 REZONING APPLICATION - BOYES/WIERZBICKI SURECT: PART LOT 30, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-024 RECOMMENDATIONS: is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 257-90 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Jim Gartshore on behalf of Mary Jo Boyes and John Wierzbicki, be DENIED. 3 . THAT the interested parties listed in this report and any delegation be advised of Council 's decision. 1 . APPLICATION DETAILS 1 . 1 Applicant: Mary Jo Boyes and John Wierzbicki 1.2 Rezoning: From in part "Residential Hamlet (RH) " and in part "Holding - Residential Hamlet ( (H)RH) " to an appropriate zone to permit the creation of two residential hamlet lots with frontages of 20.42 metres and 20. 35 metres . 1.4 Area: .8201. hectares (2 . 026 acres) j � ti -. . . .2 REPORT NO. : PD-257-90 PAGE 2 2 . BACKGROUND 2 . 1 On February 19, 1990, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to permit the creation of two residential hamlet lots with frontages of 20 .42 metres and 20 . 35 metres . 2 . 2 The subject site is a rectangular shaped parcel approximately .8201 hectares (2 . 026 acres) in size and is located on the east side of Trull 's Road approximately 685 metres (2247 feet) south of Taunton Road, but is more formally described as Part Lot 30, Concession 4 in the former Township of Darlington. 3 . PUBLIC NOTICE AND SUBMISSIONS 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 of the writing of this report, no written submissions have been received. However, Staff have received one counter inquiry and several telephone inquiries from area residents who requested more detailed information with respect to the proposed zoning by-law amendment. 4 . OFFICIAL PLAN CONFORMITY 4 . 1 Within the Durham Regional Official Plan, the subject property is designated as Permanent Agricultural Reserve with a Hamlet designation. Section 10 .4 . 1.4 of the Durham Regional Official Plan permits "minor internal infilling and/or minor additions to existing development" . In view of the foregoing, the application would appear to conform with the Durham Region Official Plan. REPORT NO. : PD-257-90 PAGE 3 5 . ZONING BY-LAW COMPLIANCE 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is zoned in part "Residential Hamlet (RH) " and in part "Holding - Residential Hamlet ( (H) RH) " . The Residential Hamlet zone requires a minimum frontage of 30 metres (98 .42 feet) whereas the applicant is proposing to create two lots having frontages of 20 .42 metres (66 . 99 feet) and 20 . 35 metres ( 66 .76 feet) . Therefore, the applicant has applied to amend the zone category of the subject property in order to permit site specific zone regulations . 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 the comments received to date. 6 .2 The Town of Newcastle Community Services Department has reviewed the proposed zoning by-law amendment and has no objection to the application subject to the 5% parkland dedication being accepted as cash-in-lieu with the funds realized being credited to the Parks Reserve Account. 6 . 3 The Regional Health Department has reviewed the subject application and note that both lots are of sufficient size to permit on-site sewage disposal and 100% replacement area. Therefore, the Regional Health Department has no objection to the approval of the proposed zoning by-law amendment. However, the Health Department advises that the owner/applicant must either produce a water well record certificate indicating that a drilled well has been installed on the vacant lot being created or submit a letter of credit in the amount of $10,000 . per vacant lot created. 6 . 4 The balance of the circulated agencies which provided comments were the Town of Newcastle Fire Department, the Town of Newcastle Public REPORT NO. : PD-257-90 PAGE 4 Works Department, the Ministry of Natural Resources, the Central Lake Ontario Conservation Authority and the Durham Regional Works Department. None of the aforementioned agencies provided objectionable comments with respect to the proposed zoning by-law amendment. 7 . STAFF COMMENTS 7 . 1 The applicant intends to rezone the subject property in order to provide site specific zone category regulations which would facilitate the severing of the subject property in order to produce two lots having frontages of 20 .42 metres and 20 . 35 metres respectively. 7 . 2 The subject property is Lot 8 in Registered Plan 646 which was approved on March 29 , 1956 and created 8 lots all of which have frontages of 40 . 77 metres ( 133 feet) . Staff are of the opinion that since all 8 lots in Registered Plan 646 have 40 . 77 metres ( 133 feet) of frontage, approval of the application would set a dangerous precedent and may ultimately serve to radically increase the amount of development in the surrounding area. 7 . 3 Furthermore, Staff are of the opinion that the creation of long narrow lots, such as the proposed lots in the current application, does not promote the comprehensive "depth" development of the Hamlet but in fact promotes a "strip" development aspect of the Hamlet along the Trulls Road arterial. Finally, Staff are of the opinion that a Hamlet Secondary Plan should be prepared prior to approval of applications of this nature in order to allow the Planning and Development Department an opportunity to investigate the development potential of the subject lands and the abutting properties . Staff are of the opinion that approval of the application at this time would prejudice the opportunity to prepare a comprehensive Hamlet Secondary Plan which would be used as a guide for the development of the subject lands and the abutting properties . JJ . . . .5 REPORT NO. : PD-257-90 PAGE 5 8 . RECOMMENDATIONS 8 . 1 In consideration of the comments contained within this report, the Planning and Development Department respectfully recommend that the application be DENIED. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc . Kotseff Director of Planning Chief Ai4inistrative and Development Officer WM*FW*cc *Attach 13 August 1990 Interested parties to be notified of Council and Committee's decision: Mary Jo Boyes John Wierzbicki 4577 Trulls Road R. R. #1 HAMPTON, Ontario LOB 1JO Jim Gartshore 345 Fairview Drive WHITBY, Ontario L1N 3A7 Lloyd Massey Box 2, Group 1, R. R. #1 HAMPTON, Ontario LOB 1JO William Kuzenko Group 3, Box 4, R. R. #1 HAMPTON, Ontario LOB 1JO Gail Newell Box 28, R. R. #1 HAMPTON, Ontario LOB 1JO ,63 ® SUBJECT SITE LOT 31 LOT 30 LOT 2 9 .� i A A �� a RH-2 RH C3 I ) V —ROAD ALLOWANCE BETWEEN CONCESSKNt a ood 5--REGIONAL ROAD a��=—�7� i TAUNTON ROAD TYLER STREET is RH RH FIRNER STREET BRADLEY BLVD. (H)RH r � �. RH o Z � a J O A H v i` � U o Z � � O � U O 5o m 200 3Cf*n KEY MAP 60" Dev. 90-024 (111-y01 NYtd ' M,U►,Ii�1iN1 j~ M ..0Z110 o91 N ` IM 0 > O V d�N070 ' 0£I 3aV3I i Town of Newcas le N b +- Lot 8 2 W G r� h h Plan #646. 1 � CJ� � � c I ��J I` 4) � f f) i Ct ` t/) 0 > O � N In b b / N u) N b Z OI 2 W G r� h h ' CJ hazes o C) k ' C N 3 e• �.W ms, ,Z'rl^, Q 04,9,- } n 11, I� T - C J J i'' a.v house- 6 °, 111 ••• t •- ,Z'6L �~��ak� ,412- �... ... ,4'LL - s� �-- 7 d.ybbm well 1199mIII ! I Nd (Nr�d, rrl� I (NV7d O-rfl 00'99 'LL' I o 06:1 CIS r 1 MONItl�039 3 NI3tl3l3tl "' 1 d c7VOY S house house) house 111 se