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Home My WebLink AboutPD-349-90 TOWN OF NEWCASTLE REPORT File # 6 ( MN: PLAXTON.GPA Res. # By-Law # P U B L I C M E E T I N G (SING: General Purpose and Administration Committee DATE: Monday, December 3, 1990 REPORT #: PD-349-90 FILE #: DEV 90-084 S(JB,ECT: REZONING APPLICATION TOWN OF NEWCASTLE ON BEHALF OF MR. WILLIAM PLAXTON PART LOT 9 CONCESSION 3, FORMER TOWNSHIP OF CLARKE FILE: DEV 90-084 (X-REF: LD 90/430) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-349-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, initiated by the Town of Newcastle on behalf of Mr. William Plaxton be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3 . THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 4 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1 . 1 Applicant: Town of Newcastle 1.2 Owner: Mr. William Plaxton 1 . 3 Rezoning: from "Agricultural Exception (A-1) " to an appropriate zone to permit the development of one non-farm related residential lot. 1.4 Area: 4 .01 ha 9 . 95 acres ) ' . i . . . . . . .2 REPORT NO. : PD-349-90 PAGE 2 2 . LOCATION 2 . 1 Legal Description: Part Lot 9, Concession 3, former Township of Clarke. 2 .2 Relative Location: the subject property is located on the west side of Regional Road 18 (Newtonville Road) , 224 m ( 736 feet) south of Concession Road 4 . The general area has been known as "Crooked Creek" historically. 3 . BACKGROUND 3. 1 At the Special Council Meeting held on september 4, 1990, Council passed the following resolution: "THAT, as the result to damages caused by the tornado of August 28, 1990, the Director of Planning and Development be directed to liaise with DR. M.R. Michael, Commissioner of Planning, Regional Municipality of Durham, to designate Part of Lot 9, Concession 3, former Township of Clarke, as a cluster or to consider alternatives to permit a land severance. " 3 .2 In consideration of the above, Staff report PD-289-90 was submitted for Committee and Council's review. Council endorsed the following resolution #GPA-681-90: "THAT the Region of Durham be requested to amend Section 10.2 . 1.2 of the Durham Region Official Plan by adding "Crooked Creek" as a known residential cluster in the Town of Newcastle; THAT Mr. Plaxton be advised that he must an application to the Durham Region Land Division Committee for severance of a one (1) acre lot north of the existing dwelling; THAT, once an application for severance is made, Staff be instructed to advise the Durham Land Division Committee that the Town supports the severance application and further, as conditions of approval, that the severed lot be deeded to Mr. and Mrs . Lloyd George and be held in their ownership for a period of ten ( 10) years, and that the applicant has to meet the standard requirements of the Town for land severance; and THAT council authorize Staff to proceed to amend the Zoning By- law to accommodate the proposed severance in accordance with the requirements set out in the Planning Act. " �) . . . . 3 REPORT NO. : PD-349-90 PAGE 3 4 . EXISTING AND SURROUNDING USES: 4 . 1 Existing Uses: single family residence 4 .2 Surrounding Uses: East - agricultural and limited rural residential & scrub land. West - agricultural and valley lands North - agricultural and rural residential South - agricultural and limited rural residential 5 . OFFICIAL PLAN POLICIES 5 . 1 Durham Region Official Plan The subject site appears to be designated as Permanent Agricultural Reserve in the Durham Region Official Plan. The predominant use of lands so designated is for agricultural and farm related purposes . The use of lands for any purpose other that agricultural and farm-related uses shall not be permitted. 6 . ZONING 6 . 1 The subject lands are currently zoned "Agricultural Exception (A- 1) " By-law 84-63, in the Town of Newcastle Comprehensive Zoning By-law. 6 . 2 The proposed rezoning application would change the zoning to an appropriate category to permit the proposed development. 7 . PUBLIC NOTICE 7 . 1 Pursuant to the requirements of the Planning Act and Council policy, notice of the Public Meeting with respect to the subject rezoning amendment initiated by the Town of Newcastle on behalf of Mr. William Plaxton was mailed to all property owners with 120m ( 394) of the subject site. In addition, the appropriate signage acknowledging the application was installed on the subject lands . j . . . .4 REPORT NO. : PD-349-90 PAGE 4 7 .2 As of writing this report, no written submissions have been received. 8. COMMENTS FROM AGENCIES 8. 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following departments/agencies in providing comments, offered no objection to the application as filed: Durham Regional Health Department Ganaraska Region Conservation Authority 8 .2 Staff notes that the Town of Newcastle Community Services Department requested that the 5% park land dedication be accepted as cash-in-lieu. 8. 3 The Town of Newcastle Public Works Department requested that a satisfactory lot grading plan be submitted and that the Region of Durham Public Works Department give approval for an entrance onto Regional Road 18. 8.4 The Ministry of Agriculture and Food note that the application does not comply with the Food Land Guidelines as the proposal would create an incompatible use in a predominantly agricultural area and does not appear to be farm related in nature. 8 .5 The Region of Durham Planning Department notes that an application to amend the Durham Region Official Plan to permit the development of a non-farm residential lot is being processed at the request of the Council of the Town of Newcastle. 8. 6 Comments have yet to be received from the Region of Durham Public Works Department and Ontario Hydro. � � % . . . . . .5 REPORT NO. : PD-349-90 PAGE 5 9. STAFF COMMENTS Staff note that Council has requested the Region of Durham to process an Official Plan Amendment to permit the development of a non-farm residential use. 9 .2 Staff also note that the applicant is proposing to create the lot south of the existing residence. The applicant has informed the Planning and Development that the terrain south of the existing dwelling is more suitable for a land severance than the terrain north the existing dwelling. 9 .3 Staff further note that when all outstanding comments have been received from the circulated agencies, a recommendation report will be forwarded to Committee and Council. 10 . CONCLUSION 10. 1 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act, and in consideration of the comments outstanding, Staff recommends that the application be referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence E. Director of Planning Chief Admin s ttseff rative and Development Officer DM*FW*cc *Attach 23 November 1990 Interested parties to be notified of Council and Committee's decision: Mr. William Plaxton , LOA 1JO j SUBJECT SITE 13 12 II . 10 . 9 8 7 6 5 41_1 CONCESSION ROAD 5. z ( o EP W Al AA ; P � � IZ Al o A•1 � V A CONCESSI N ROAD 4Q M Z o '\ a A EP �.. A-1 Q O A 3 r N W A-1 ; o A I z ; o � CL �i O- Z Q A w EP W 0 d Q j c P CONCESSION ROAD 3 � i I A � A-1 v Aso soo �oao�, KEY MAP U)00% 90-084 dWF � ODD StNogd. LA I o�A� ARE�9 9 9S AcRcS - � � � Re r�iNFa N 73 tia N ol �! •CUT Q :��—� � � C4 coN 3 w� o l ItzL, k1 � Q �o AREA To eE .sE✓t+PEn We ,9 k-ruMAI-