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Home My WebLink AboutPD-257-90 Addendum THE CORPORATION OF THE TOWN OF NEWCASTLE DN: BOYES.GPA REPORT Meeting: General Purpose and Administration Committee File# Q Date: Tuesday, April 21, 1992 Res. # ADDENDUM TO By-Law# Report#: File#: 1)EV-9,0-024 Subject: REZONING APPLICATION - BOYES/WIERZBICKI PART LOT 30, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-024 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Addendum to Report PD-257-90 be received; 2 . THAT Report PD-257-90 be lifted from the table; and 3 . THAT the recommendations contained therein be APPROVED. 1. BACKGROUND 1. 1 Report PD-257-90 was tabled by the General Purpose and Administration Committee on September 4, 1990 pending the completion of a Hamlet Secondary Plan for the Hamlet of Mitchell Corners. Subsequently, staff initiated background research and data collection in anticipation of the preparation of a Hamlet Secondary Plan. The background research and data collection reached the stage where staff was evaluating the planning rationale and merits of designating various parcels as "Residential Expansion" in the proposed draft Hamlet Secondary Plan. 1. 2 However, during the background research stage, the Planning and Development Department was advised by the Regional Municipality of Durham that the recommended Regional Official Plan would require the completion of a Settlement Capacity Study prior to the adoption of a Hamlet Secondary Plan. The settlement capacity study, which is to be undertaken by the local municipality, shall include the following: ADDENDUM TO REPORT PD-257-90 PAGE 2 "a) an analysis of the hydrogeological regime in the area to determine the availability and quality of groundwater on a long term basis; b) an assessment of the impact of future development on existing groundwater quantity and quality and on existing sources of drinking water, including municipal, communal and private wells; C) an assessment of the long term suitability of the soil conditions for the effective operation of private waste disposal systems; d) an identification on any existing restrictions to future development; e) an assessment of surface drainage; f) an assessment of how new growth will be complimentary to, and consistent with, the historic character in the hamlet; g) an assessment of the impact of new growth on the natural environment; and h) a statement of conformity with the Agricultural Code of Practice. " 1. 3 Staff have contacted various consultants in order to obtain estimated costs for the preparation of a report detailing the work required by Section 13 . 3 . 5 of the recommended plan. The estimates provided ranged from $8, 500 per Hamlet to $13 , 000 per Hamlet. It is noted that these estimates are based upon a "typical Hamlet" and may be less or more than the estimate, depending upon the specific site conditions of the Hamlet. 2. STAFF COMMENTS 2 . 1 The General Purpose and Administration Committee has tabled the Boyes/Wierzbicki application pending the completion of a Hamlet Secondary Plan. During the preparation of a Hamlet Secondary Plan, the Town of Newcastle Planning and Development Department determined that a Settlement Capacity Study would be required by the recommended Regional Official Plan prior to the adoption of a Hamlet Secondary Plan. ~ - ; ADDENDUM TO REPORT PD-257-90 PAGE 3 2 . 2 Subsequently, both the Town and the applicant have received correspondence from the Regional Planning Department which states that a Settlement Capacity Study is not required for the consideration of the Boyes/Wierzbicki application. However, the Region has acknowledged that a Settlement Capacity Study is required for "Major" developments such as a Secondary Plan. Therefore, since the Boyes/Wierzbicki application has been tabled pending the completion of a Hamlet Secondary Plan, a Settlement Capacity Study would still have to be prepared prior to the consideration of the Boyes/Wierzbicki application. 2 . 3 Recently, the applicant has addressed the General Purpose and Administration Committee and expressed concerns over the lack of activity on the application and stated that other homes have been built on the westerly side of Trulls Road. Staff advise, for the Committee's information that two (2) lots on the westerly side of Trulls Road were created by severance (LD308/87 and LD309/87) in 1988 and homes have recently been constructed on the newly created lots. In addition, Staff advised that both the retained lot and the two (2) newly created lots complied with the By-law's frontage requirement (30 metres) and the By-law's lot area requirement (3000 square metres) . No zoning approval was required for these lots. 2 . 4 Furthermore, Staff expressed various concerns in Report PD-257-90 regarding the creation of two long and narrow lots and those concerns remain applicable. First of all, the subject property is the most northerly of eight (8) lots in Registered Plan 646, all of which have 40.77 metres (133 feet) of frontage. Staff are concerned that since all the lots have 40.77 metres (133 feet) of frontage, the approval of the application would set a precedent and may substantially increase the amount of development in the surrounding area without the benefit of a Secondary Plan to guide the proper development in Mitchell Corners. Secondly, Staff are of the opinion that the creation of two long and narrow lots would prejudice the opportunity to prepare a Hamlet Secondary Plan which 'ii > ADDENDUM TO REPORT PD-257-90 PAGE 4 would promote comprehensive "depth" development as opposed to piecemeal "strip" development which could cut off future road access to enable future development at the rear. 3. CONCLUSION 3 . 1 In consideration of the comments contained within this Addendum Report and in Report PD-257-90, staff cannot support the proposed rezoning application. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief Ad inistrative and Development Officer WM*FW*ld *Attach Interested parties to be notified of Committee's and Council's decision. Mary Jo Boyes Lloyd Massey John Wierzbicki Group 1, Box 2 4577 Trulls Road R.R. #1 R.R. #1 HAMPTON, Ontario HAMPTON, Ontario LOB 1J0 LOB 1J0 William Kuzenko Jim Gartshore Group 3 , Box 4 345 Fairview Drive R.R. #1 WHITBY, Ontario HAMPTON, Ontario L1N 3A7 LOB 1J0 Gail Newell Box 28 R.R. #1 HAMPTON, Ontario LOB 1J0 ® SUBJECT SITE LOT 31 LOT 30 LOT 2 9 A A \ A RH C3 �ROAD ALLOWANCE BETWEEN' CONCESSION 4 and 5--REGIONAL ROA -� N TAUNTON ROAD I TYLER STREET RH RH A FIRNER STREET BRADLEY BLVD. a (H) RH w RH 0 J I o O Z-) 2 A A i W � V Lv 0 Z i � O � U o 50 100 200 300M KEY MAP so.. Dev. 90-024 T~ M ,02 10 001 N t 0 tEl 3av�� x—r Y Town of Newcas le Lot 8 Plan ##646. 1 � I i c, 41 ' \ - tv Q) f I, v j _ o ('j Li I O Z C G �u c•l Ct 'Y M i 'i I<•. 4� houses � � <��•, h C N •,rsc '�+`� ,c�z- �� - ,sic - �'' �-- a-96 o (Mr�d, rrl ' S ( (NY7d p•r�u ,00'99 L L' ► 06:1 fl �tK- f.F 1 M 00 "•�1�- `� ow+a�3e i81aaad�e o g 1 /Z UiVv OZ !0% (VJ_7/il,JU -�-..',V r/i�l+:i i v U voJ/ v OcL/ /OY1 UN FINISHED. 'DUSINE5S ' I TOWN OF NEWCASTLE ti t DN: BOYES.GPA REPORT File # do -35 •%0� , 1 ?� Res. # 3: By-Law # F.... General._.Purpose and Administration Committee , r,r hEETItVG: TE• . Tuesday, September 4, 1990' DA REP( tT #: PD-257-90 FILE #: DEV 90-024 . REZONING APPLICATION - BOYES/WIERZBICKI PART 'LOT 30, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-024 RECOMMENDATIONS: Ir is respectfully recommended that the General Purpose .,and . Administration Committee recommend o C ounc il 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. t 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) 3 . 0 . . . .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. h 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. � �; . . . . 3 J �_ 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 4 _ 3 � . . . . �j 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. + � .5 J3 . . . 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 P. Kotseff Director of Planning Chief P44inistrative 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 SUBJECT SITE LOT ..31 LOT 30 LOT 2 9 �............ . . .......... to A A Z A RH C3 —ROAD ALLOWANCE BETWEEN CONCESSION a and 5--- —REGIONAL ROAD a'� ! 1cflTAUNTON ROAD TYLER STREET \ �_ RH RH A FIRNER STREET BRADLEY BLVD. H)RH ( Q o E �- RN ° Z { o O /i A A cn W � t> 0 Z � � O � U 0 50 100 290 3CG•n KEY MAP Dev. 90-024 �II��-YO/ NY7d � M„O►,Ii�LJNJ . I~ M „OZ ,10 091 N t M v io�-Co'££1 Y Town of Newcas le Lot 8 Plan ##646. 1 I.> o I �L I , C N ai ` W b 0 0 1\ N ti b all �J tai f *,atv ' C a w I ,� Ip^}9 M_ r.pfi�lU.ob fir! 1E'6L � Y'YaI ,9'L1 wW 7 a•9bm Weil .J II,Yim o /NY7d, i/l� INYTd p'i;l 0099 o6aEl ^��e►c c J N ` MON IA 3 13N3!3v , d i i r G V V 1?t !t,'% V rlM0 i i v ti o, v %c.")R douse � house I ilou�e '�u�