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HomeMy WebLinkAboutPD-229-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: PLAXTON.GPA REPORT Meeting: General Purpose and Administration Committee File # D14, Date: Monday, October 7 , 1991 Res, # PD-229-91 DEV 90-084 By-Law# Report#: File#: Subject: 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: OPA 90-088/D & LD 90/430) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-229-91 be received; 2 . THAT an 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 Approved for the creation of one non-farm related residential lot; 3 . THAT the attached amendment to By-law 84-63 be APPROVED and that a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department;and 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 Application: from "Agricultural Exception (A-1) " to an "Agricultural Exception (A-43) to permit the development of one non- farm related residential lot having a minimum frontage of 40 metres and area of 0. 4 hectares. 2 REPORT NO. PD-229-91 PAGE 2 1. 4 Land Area: 4 . 01 ha (9. 95 acres) 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) at No. 3714 , 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 make an application to the Durham Region Land Division Committee for severance of a one (1) acre lot north of the existing dwelling; . . . .3 REPORT NO. PD-229-91 PAGE 3 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. " 4. EXISTING AND SURROUNDING USES: 4 . 1 Existing Uses: vacant 4 . 2 Surrounding Uses: East - agricultural and limited rural residential West - agricultural and limited rural residential North - rural residential South - agricultural and limited rural residential 5. OFFICIAL PLAN POLICIES 5. 1 Under the existing (1976) 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 than agricultural and farm-related uses shall not be permitted. 5. 2 The new Durham Region Official Plan retains the designation for the subject lands as "Permanent Agricultural Reserve" . The use of lands within the Permanent Agriculture Reserve shall be restricted to agriculture and farm-related uses. 5. 3 On June 26, 1991, the Council of the Region of Durham passed the following resolution: . . . .4 REPORT NO. PD-229-91 PAGE 4 a) THAT the application submitted by the Town of Newcastle, File # 90-088/D, to recognize Crooked Creek as a cluster be approved as Amendment # 261 to the Durham Regional Official Plan as indicated in Appendix I to Commissioner's Report # 91-P-94; that the necessary by- law be passed; and further, that the Amendments be forwarded to the Ministry of Municipal Affairs; and b) THAT the Council of the Town of Newcastle and the Ministry of Municipal Affairs be so advised and forwarded a copy of Commissioner's Report #91-P-94 . 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 MEETING AND SUBMISSIONS 7 . 1 Pursuant to the requirements of the Planning Act and Council's Resolution of July 26, 1982 , a Public Meeting was held on December 3 , 1990 to address the application. No one was present to oppose this application at this meeting. In addition, there is no record of any concerns raised by citizens or neighbours with respect to this application. There have been two telephone inquiries requesting information on the nature of the application. 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 . . . . 5 J �_� REPORT NO. PD-229-91 PAGE 5 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 asked that the Applicant provide 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 Public Works Department note that municipal water supply and sanitary sewers are not available to the subject property and the use of a private well and private sewage disposal system would appear to be the only method of servicing available to the subject lands. It was also noted that it appears that the sight distance for a future entrance are not adequate and that works Department staff are undertaking a detailed survey to attempt to establish a safe entrance location. 8. 6 The Region of Durham Planning Department commented that the proposal to permit the creation of a non-farm related residential lot was also the subject of an application to . . . .4 I' •C �^S ./ .� REPORT NO. PD-229-91 PAGE llq amend the Durham Regional Official Plan (OPA 90-088/D) . This application was dealt with as part of the Region's review of the Durham Regional Official Plan. 8 . 5 Comments have yet to be received from Ontario Hydro. 9. STAFF COMMENTS 9. 1 Staff note that the applicant is proposing to create the lot south of the existing residence whereas the Council resolution stated that the lot should be created north of the existing residence. The applicant has informed the Planning and Development that the terrain south of the existing dwelling is more conducive to a land severance that the terrain north the existing dwelling. Staff have no difficulty with this minor change. 9. 2 Since Amendment 261 has been approved by Durham Region, the Town can pass the amending zoning by-law which will be effective once Amendment 261 receives approval from the Ministry of Municipal Affairs. Respectfully submitted, Recommended for presentation to the Committee F nklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief A m nistrative and Development Officer DM*FW*cc *Attach 1 October 1991 . . . .7 REPORT NO. PD-229-91 PAGE 7 Interested parties to be notified of Council and Committee's decision: Regional Municipality of Durham Mr. William Plaxton Planning Department R.R. #1 Box 623 NEWTONVILLE, Ont. LOA 1J0 1615 Dundas Street E. Lang Tower, West Building Ministry of Municipal Affairs WHITBY, Ontario 777 Bay Street TORONTO, Ontario M5G 2E5 Att: Mr. Victor Doyle DN: PLAXTON.OPA THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for 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, to permit the development of one non-farm related residential lot in accordance with applications DEV 90-084 and OPA 90-088/D; 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 Exception -Agricultural (A)" Zone is hereby further amended by adding thereto the new special exception 6.4.43 as follows: "6.4.43 Special Exception Agricultural (A) zone "Notwithstanding Section 6.3,only one single detached dwelling and all home occupation uses shall be permitted on those lands zoned "A-43"on the schedules of this By-law. The lot and the placement of buildings and structures shall be in accordance with the provisions of Section 9.2 with the following exceptions: a) Lot Area (minimum) 4000 square metres b) Lot Frontage (minimum) 40 metres 2. Schedule "2"to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1)" to "Agricultural Exception (A-43)" Zone as shown on the attached Schedule "A"hereto. 3. Schedule "A"attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1991. BY-LAW read a second time this day of 1991. BY-LAW read a third time and finally passed this day of 1991. MAYOR CLERK /s. /. This is Schedule "A" to By-law 91 --, passed this day , of . , 1991 A.D. LOT 9 186.285 co �r\'�`.\�\1��.j♦%l�i��l/\:�\�i ice\;;/ \/`� �. O C N Eli 101 00 /,11: \� ,\ F__( 92,024 )--F--( 101.00 CONCESSION 3 ® ZON I NG CHANGE FROM "A-I TO 11A- 43 ED ZONING TO REMAIN "A- I 0 25 50 IOOm Mayor 5040 3020 10 0 Clerk 13 12 II . 10.9 8 7 6 5 -� CONCESSION ROAD5 Z Q EP ( N :A-I { I A EP 10 Iz I SUBJECT SITE A CONCESS FROAD Z P A I W A-A N ~A-11 A I Z i o V 4 I O i J Z C _ A _ 2 i EP ' W ° -r- I nI�P CONCESSION ROAD 3 I� 0 260 500 [No. Former Township of CLARKE 600m 100 W I`'