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Home My WebLink AboutPD-216-90 REPORT #2 TOWN OF NEWCASTLE €��}� N •-� OOP.COU REPORT f, F le #Z0 3. 5 116 Res. # By-Law # (EETING: Council DATE: Monday, June 25, 1990 REPORT #. PD-216-90 FILE #. DEV 87-96 OPA 89-132/D SECT: REZONING APPLICATION J. STOOP AND G. GERRITS PT. LOT 24, CONCESSION 3, FORMER TWP OF DARLINGTON ONTARIO MUNICIPAL BOARD HEARING RECOMMENDATIONS: It is respectfully recommended that: 1. Report PD4/6 -90 be received; 2 . Staff be authorized to submit on behalf of the Town of Newcastle the proposed amending by-law attached to Staff Report PD-216-90 at the Ontario Municipal Board Hearing to be held on June 28, 1990. 1. APPLICATION DETAILS 1. 1 Applicant: Mr. G. Gerrits 1.2 Owner: Mr. J. Stoop 1. 3 Official Plan Amendment and Rezoning Application: to permit the development of ( 1) one non-farm residential lot 1.4 Area: 5 .99 ha ( 14 . 818 acres) 2. BACKGROUND 2 . 1 In November 1987, the applicant had originally submitted an application for rezoning to allow the development of two (2) non-farm related residential lots . In February of 1988, a REPORT NO. : PD-216-90 PAGE 2 the applicant's request, Committee and Council resolved to TABLE the application to allow Mr. Gerrits to apply for an Official Plan Amendment. 2 .2 Subsequently in March 1988, J. Stoop and G. Gerrits submitted an application for Official Plan Amendment to allow the development of two (2) residential lots . Town Planning Staff prepared a report for Committee and Council's consideration in July of 1988 . Said report was referred back to Staff for further discussion with the applicant and to allow Staff to prepare a subsequent report in conformity with the Town of Newcastle's Policies on Nodes and Clusters for consideration by Committee in September. 2 . 3 In accordance with the above direction, a report was forwarded to General Purpose and Administration Committee on September 6, 1988, at which time the Committee resolved to rescind the Town's Rural Cluster policies and that the Region's criteria for identifying Nodes and Clusters be utilized until such time new policies are developed by Town Staff. 2 .4 In October 1988, yet another report was forwarded to G.P.A.C. This time Committee resolved to recommend approval of Official Plan Amendment and Rezoning application to permit the development of two (2) non-farm residential lots and that the implementing zoning by-law amendment be forwarded to Council at such time the Official Plan Amendment application is approved by the Region. 2 .5 Regional Planning Committee recommended DENIAL of the Official Plan Amendment at its meeting of January 3, 1989 . Regional Council at its meeting of January 11, 1989 adopted said recommendation. On January 16, 1989, Town Council passed By- law 89-8 identifying a Cluster/Node in compliance with the REPORT NO. : PD-216-90 PAGE 3 application as submitted. The by-law was passed in accordance with Durham Region Official Plan policies, which allows the local Council to recognize clusters within the restricted area zoning by-law, if they are deemed desirable. 2 . 6 Two objections to by-law 89-8 were received within the thirty- five (35) day appeal period. The first was received February 3, 1989 from the Commissioner of Planning for Region of Durham and the second on February 17 from a neighbouring land owner. The matter had been referred to the Ontario Municipal Board. 2 . 7 Subsequently, the applicant made a second attempt to amend the Official Plan. This time the amendment application calls for one ( 1) non farm residential 1.95 ha (4 . 82 acre) lot. This Official Plan Amend was circulated to the Town and the following recommendation was approved by Committee and Council: 111. THAT Report PD-35-90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle has no objections to the application submitted by Mr. G. Gerrits to amend the Durham Region Official Plan to permit the development of one ( 1) non-farm residential lot. " 2 .8 Regional Council at their meeting of May 16, 1990 adopted a recommendation approving the application of Mr. Gerrits to amend the Region of Durham Official Plan permitting one ( 1) additional non-farm residential lot. 2 . 9 The proposed Official Plan Amendment has subsequently been forwarded to the Ministry of Municipal Affairs and awaiting final approval from the Ministry. REPORT NO. : PD-216-90 PAGE 4 2 . 10 Inasmuch as the original By-law Amendment No. 89-8 was approved in consideration of the application to create (2) two non- farm residential lots, Regional Staff have indicated that they can not support By-law 89-8 as it pertains to the present application. 2 . 11 The proposed By-law amendment attached to this report would replace By-law No. 89-8 and correctly describe an amending by- law as contemplated through the approval of an Official Plan Amendment to permit the creation of one ( 1) additional lot. 3. CONCLUSIONS 3. 1 Should Council concur with said proposed By-law, Staff would respectfully request that Staff be directed to present the proposed by-law amendment for the Board's consideration at the Ontario Municipal Board Hearing scheduled for June 28, 1990. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. L rence Kotseff Director of Planning Chief A nistrative and Development Officer LT*FW*df *Attach 18 June 1990 REPORT NO. : PD-216-90 PAGE 5 Interested parties to be notified of Council and Committee's decision: Don and Stella Carter R.R.#3 Bowmanville, Ontario. L1C 3K4 G. Gerrits R.r.#3 Bowmanville, Ontario. L1C 3K4 J. Stoop R.R.#3 Bowmanville, Ontario. L1C 3K4 LOT 26 LOT 25 LOT 24 LOT 23 (Unopened ) CONC. i ROAD 4 (Unopened) 010-090-04900 too-0o dc.) (D 010-090-04800 ( 10-02 cc-,) 010-090-04700 U) ( 10-02 (1c.)- LLJ —EZ - 1040,00 6(0-090-04500 Qz 0(0-090-04400 C) LiVASH ROAD - Jill 111111 1 SUBJECT SITE - 010-090-04600 ( 14-82 ac. ) THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 90- being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law of 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; AND WHEREAS said By-law shall be passed pursuant to Section 24(2) of the Planning Act, whereby it would not come into effect until such time the appropriate Official Plan Amendment has received the necessary approvals; NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 6.4 "Special Exceptions - Agricultural (A) " zone of By-law 84-63, as amended, is hereby further amended by adding the following new sub-sections 6.4.41 and 6.4.42: 116.4.41 AGRICULTURAL EXCEPTION (A-41) ZONE Notwithstanding Section 6.2, those lands zoned "A-41" on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area (minimum) 4.047 hectares b) Lot Frontage (minimum) 120 metres 6.4.42 AGRICULTURAL EXCEPTION (A-42) ZONE Notwithstanding Section 6.2 those lands zoned "A-42" on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area (minimum) 1.95 hectares b) Lot Frontage (minimum) 78 metres" 2. Schedule 111" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) " to "Agricultural Exception (A-41) " and "Agricultural Exception (A-42) " zone as indicated on the attached Schedule "A 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 No.90- - 2 - By-law read a first time this day of 1990. By-law read a second time this day of 1990. By-law read a third time and finally passed this day of 1990. MAYOR CLERK This is Schedule "A" to By-law 90--, passed this day of , 1990 A.D. LOT 24 100.0 3 N74°5730 E 402.912 o M %,•wu•i)•rt M 0 It7 C).i 156.170 2 N73°52'40"E Or••ru •i'� �N 1 ,.r Q ; z N 75019'5d E 24 016 1 Z ti 100.03 ° CONCESSION 3 3 Z S.W.Angle y Lot24,Con.3 1 NASH ROAD ® ZONING CHANGE FROM 'A' TO 'A-41 ' I>","D ZONING TO REMAIN 'EP' M ZON I NG CHANGE FROM 'A' TO 'A-42' 0 25 50 100 150m Mayor 503010 Clerk 35 34 33 32 31 30 29 28 27 26 25 2423 22 21 20 19 18 17 RC EP A M3 I 1 --'f--- -- �P M a U K I Z i ° I I 0 o E A-1 0 A•5 0 I A ( U W Z 3 i tM U _ I oA 2 z I _ SEE I EPIA I ' I V SCHEDULE '4' (COURTICE) A NASH ROAD EP C6 1EP N A I SEE fl{{iy Z RC SCHEDULE 'I8' Q (MAPLE GROVE) I 1 A3I W � A W U I I z Rc-e CJ BLOOR STREET Former Township of DARLINGTON ��0 250 500 1000. 5OOm 100 PURPOSE AND EFFECT BY-LAW 90- The Purpose and Effect of By-law 90- is to amend Zoning By- law 84-63, as amended of the Town of Newcastle by changing the zone designation of the lands identified by Schedule 'A' hereto from 'Agricultural (A) ' to 'Agricultural Exception A-41 and A-421 . The subject By-law would permit the development of one ( 1) additional non-farm related residential lots .