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Home My WebLink AboutPD-21-86 TOWN OF NEWCASTLE f J REPORT t File # Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: January 20, 1986 REPORT #: PD-21-86 FILE #: DEV 85-33 SUBJECT: REZONING APPLICATION - MR. RICHARD REKKER PART LOT 18, CONCESSION 2, DARLINGTON OUR FILE: DEV 85-33 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-21-86 be received; and 2. THAT the application for rezoning in respect of Part Lot 18, Concession 2, former Township of Darlington, to permit the development of two (2) residential lots * having a minimum lot area of 0.26 hectares, be approved and that the attached by-law to amend By-law 84-63, be forwarded to Council for approval . BACKGROUND AND COMMENT: On October 21, 1985, the Regional Land Division Committee approved applications LD 348/85 and LD 349/85, submitted by Mr. R. Rekker. The applications were for consent to sever two (2) residential lots. The applications were approved subject to several conditions consistent with comments as provided for the Committee' s information. I In reviewing the application, Staff noted that the subject lands were located within the "Commercial Hamlet Exception (C3-6)" zone within Zoning By-law 84-63, being the Town's Comprehensive Zoning By-law. Within the (C3-6) zone, a single detached dwelling that is I . . .2 REPORT NO. : PD-21-86 Page 2 accessory to a non-residential use is permitted. However, an accessory use which is customarily incidental and subordinate to the main use of the lot, is to be located on the same lot as the main use. To permit the severances, a rezoning to a "Residential Hamlet" zone is required to comply with the Zoning By-law. Accordingly, on October 25, 1985 the Planning Department received an application submitted by Mr. Richard Rekker. Within the Region of Durham Official Plan the subject property is located within Maple Grove, a designated hamlet. Within Section 10.4 of the Durham Plan the predominant land use in hamlets shall be for residential development. Accordingly, the proposal to recognize the two (2) existing dwellings on the property would appear to conform with the Regional Official Plan. Staff would note, for the Committee' s information, that the public informational signs as required pursuant to Council ' s resolution of July 26, 1982 and the requirements of the Planning Act, were properly installed on the subject lands. In conjunction with same, Staff would note that no objections to the proposal were received by Staff at the writing of this report with respect to the amendment requested. In accordance with departmental procedures the subject application was circulated to obtain comments from other departments and agencies. The following would summarize the comments as received. Staff would note that the following departments had no objections to the application as filed. 1. Town of Newcastle Public Works 2. Town of Newcastle Fire Department 3. Town of Newcastle Building Department 4. Ministry of Agriculture and Food The Ministry of Transportation and Communications, in responding, noted that this was an existing situation and advised that the change in land use is acceptable. Furthermore, it was noted that the residences fronting Hwy. 2 . . .3 REPORT NO. : PD-21-86 Page 3 has an existing entrance. The Region of Durham Planning Department, in responding, confirmed that the subject property was, indeed, located within Maple Grove, a designated Hamlet in the Durham Regional Official Plan. Furthermore, residential uses are permitted within Hamlet areas. Accordingly, the proposal , to recognize two (2) existing dwellings on the subject property, conforms. In addition to the above, Staff would note that the agencies and departments to which Staff circulated the rezoning application for their review, provided comment to the Land Division Committee pertaining to LD 348/85 and LD 349/85 noting no objections to same. Subsequently, the decision pertaining to the Land Division applications, in accordance with Section 52 of the Planning Act, were deemed final and binding. In consideration of the above-noted comments, Staff would have no objections to the approval of the application as submitted and the amending by-laws * attached hereto. Respect y tted, T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip *Attach. January 6, 1986 cc: Mr. Richard Rekker R.R. #6 QOWMANVILLE, Ontario L1C 3K7 100 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, as amended, 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. Section 9.3, "Special Exceptions - Residential Hamlet (RH)" zone is hereby amended by adding thereto, the following new "Special Exception 9.3.11" as follows: "9.3.11 RESIDENTIAL HAMLET EXCEPTION (RH-11) ZONE Notwithstanding Section 9.2, those lands zoned "RH-11" on the schedules to this by-law shall be subject to the following zone regulation: a) Lot Area (minimum) 2600 square metres" G. Schedule "18" to By-law 84-63, as amended, is hereby further amended by changing to "(RH-11)" the zone designation of the lands indicated as "Zone Change to RH-11" as indicated on the attached Schedule "X" hereto. 3. Schedule "X" 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 read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR CLERK This is Schedule "X" to By-I:,", 86 passed this day of , 11' 3 5 A.D. Q 5944 a Q F V! O �v N S8 38 w v 83 ° LOT 18 CONCESSION 2 w Q _ I � r I 3800 I S � �k"3 h%G y�q I ZONE CHANGE FROM �C3-6 " TO " RH - 11" 0 25 50 100 m t�1� 25. 5 0 Mayor Cterk 1 EP ,I i f ° U A 4 SUBJECT SITE . A � Rti ;RHI 1 t A ! R N +�-=.du.!..r.rc.�rotcv_:asctn+� �rt_��,..a...z __,"�s�..��•—L.� _........ LOT 20 LOT 19 LOT 18 L�,T I, MAPLE GROVE r