HomeMy WebLinkAboutPD-14-86 FL) � 1 )
TOWN OF NEWCASTLE
REPORT i . " .
t ( File #6 ✓ 0
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: January 6, 1986
REPORT #: PD-14-86 FILE #: DEV 85-29 and PLN 30.5
SUBJECT: REZONING APPLICATION - DAVID SHEVCHUK
PART LOT 27, CONCESSION 2, DARLINGTON
OUR FILES: DEV 85-29 and PLN 30.5
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-14-86 be received; and
2. THAT an application submitted by Mr. David Shevchuk to rezone a parcel of land in
Part of Lot 27, Concession 2, former Township of Darlington to "Residential Cluster
(RC)" be approved and that the attached by-law to amend By-law 84-63, as amended, be
forwarded to Council .
BACKGROUND AND COMMENT:
On October 21, 1985, Staff received an application for rezoning, from Mr. Shevchuk, which
seeks to have his lot zoned "Residential Cluster (RC)" .
Within the Region of Durham Official Plan, the subject property is designated "General
Agricultural". New non-farm residential uses are generally discouraged within this
designation. However, Section 10.2.1.2 of the Durham Plan stipulates that a limited
number of dwellings may be allowed in the form of infilling within the "General
Agricultural " area if it is deemed desirable by the respective area municipality and is
. .2
REPORT NO.: PD-14-86 Page 2
recognized in the Zoning By-law.
Staff would note for the Committee' s information that, 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. Furthermore, Staff would note that no objections to the proposal were
received by Staff of the date of writing this report.
In accordance with departmental procedures, the subject application was circulated
to obtain comments from other departments and agencies as noted in Staff' s Report
PD-161-85. Staff would note that the following departments had no objections to
the application as filed:
1. Town of Newcastle Works Department
2. Town of Newcastle Building Department
3. Town of Newcastle Community Services
4. Town of Newcastle Fire Department
5. Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Board
6. Region of Durham Health Unit
7. Central Lake Ontario Conservation Authority
The Region of Durham Planning Department provided the following response:
"Further to your request for comments, we note that the subject site is
designated "General Agricultural" in the Durham Regional Official Plan.
New non-farm residential uses are generally discouraged within this
designation. However, Section 10.2.1.2 of the Durham Plan stipulates
that a limited number of dwellings may be allowed in the form of
infilling within the General Agricultural Area if it is deemed desirable
by the Council of the respective area municipality and is recognized in
the zoning by-law. Infilling is defined in Section 10.2.1.4 of the
Durham Plan as:
. . .situations where one or more non-farm residential dwellings are to
be located between two buildings located on the same side of a public
road and within a distinct node or cluster of non-farm residential
dwellings in such a manner as not to contribute to strip or ribbon
development and subject to such a node or cluster being identified in the
respective zoning by-laws."
From our review of the aerial photographs and assessment roll of the
area, it would appear that the proposed new dwelling is not located
between two buildings. Accordingly, the proposal does not qualify as an
infilling situation as defined in the Durham Regional Official Plan.
We trust the above will be helpful in your review of the application. "
.- A
REPORT NO. : PD-14-86 Page 3
Staff note that arising from this application, Staff have met with Regional Staff
to discuss Official Plan provisions. In that regard, it is their position that
Residential Nodes or Clusters are part of a heirarchy of Residential Settlement
areas with hamlets being the next higher element of the heirarchy. Based upon this
interpretation, Nodes and Clusters are intended to recognize these settlement areas
and not to facilitate rural severances.
The Town, on the other hand, has been using the Residential Cluster zoning to
facilitate non-farm related severances where such severances are proposed in a
"General Agricultural " or "Major Open Space" designation, are compatible with their
surroundings , and are deemed to be infilling.
If a building were erected on the adjacent lot to the south, then the Region's
comments pertaining to location "between two buildings" would not apply. In view
of this, Staff do not see any merit in refusing the application because an adjacent
property owner has not erected a building on an eligible lot.
Staff would note for the Committee's information that the written comments of the
Ministry of Agriculture and food had not been received at the time of preparation
of our report. However, Staff in discussing the application with Ministry Staff,
were advised that the Ministry did have concern with respect to the possible
extension of residential development along the westerly side of Hancock Road. The
Ministry Staff did confirm, in discussions with Town Staff, that no livestock
operation was located within the immediate vicinity of the subject lands. Upon
discussing the application and adjacent residential uses to the north and east side
of Hancock Road, Staff informed the Ministry that the lot immediately to the south
of the applicant's property was indeed held under separate ownership and for which
a building permit for residential purposes could be obtained.
Staff would note for the Committee's information that Mr. Shevchuk's dwelling is
located at the north end of the subject lands being bounded to the north by a
residential lot and to the south by a vacant ten (10) acre lot for which a building
permit is obtainable upon the submission, by the Owner, of an application and
appropriate approvals. Staff would note, furthermore, that the subject lands along
each of the south and westerly lot lines is physically separated from adjacent
lands by a row of trees.
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REPORT NO. : PD-14-86 Page 4
* As noted on the attached sketch to this report, several lots with non-farm
residential uses exist to the north and along the east side of Hancock Road. The
Region of Durham in responding to the application noted that the proposed new
dwelling was not located between two buildings, accordingly, the proposal does not
qualify as an infill situation. It is Staff' s opinion, however, that Committee
should, in considering the application, give due consideration to the existing lot
immediately south of Mr. Shevchuk' s property for which a building permit could be
issued and in that regard, the approval of the Node/Cluster rezoning application
would not offend the general intent of the Durham Regional Official Plan.
Similarly, the Committee should consider the potential impact upon the municipal
services provided to this area. In that respect, "there would be no additional
need for services such as snow plowing or school buses".
Within the Town's Criteria for identifying Rural Nodes and Clusters, a Node/Cluster
is defined as an area of rural non-farm related residential development which
exhibits similar lot characteristics and contains a minimum of three (3) and a
maximum of six (6) existing residential lots for which building permits would be
available and within which infilling may occur up to a maximum of three (3)
additional lots. The proposal would not offend this criteria.
It is Staff' s opinion that in consideration of the adjacent residential uses and
the existing building lot immediately south of the applicant' s property, the
* approval of the attached by-law would not offend the intent of the Durham Regional
Official Plan. Accordingly, Staff would have no objections to the approval of the
by-law amendment attached hereto.
Respectful) tied,
T.T. Edwards, M.C.I .P.
Director of Planning
LDT*TTE*j i p
*Attach.
December 17, 1985
Applicant: Mr. David Shevchuk
R.R. #6
BOWMANVILLE, Ontario
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passed this day of , 1986 A.D.
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COURTICE
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Schedule "1" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Agricultural (A)" to
"Rural Cluster (RC)" as shown on the attached Schedule "X" hereto.
2. 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 read a first time this day of 1986
BY-LAW read a second time this day of 1986
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BY-LAW read a third time and finally passed this day of
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MAYOR
CLERK
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