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Home My WebLink AboutPD-66-88 DN: 66-88 TOWN OF NEWCASTLE REPORT File #,,, �3 Res. # By-Law # MEETING; General Purpose and Administration Committee DATE: Monday, March 21, 1988 REPORT #; PD-66-88 FILE #: DEV 88-5 SUBJECT: REZONING APPLICATION - EARL CROSS PART LOT 23, CONCESSION 2, FORMER TWP. OF DARLINGTON OUR FILE: DEV 88-5 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-66-88 be received; and 2. THAT the application submitted by Earl Cross to rezone a 1.01 hectare parcel of land located in Part Lot 23, Concession 2, former Township of Darlington be denied as the proposal does not conform to the provisions of the Regional Official Plan. BACKGROUND AND COMMENTS: On January 7, 1988 the Planning Department received an application, submitted by Mr. Earl Cross, to rezone a parcel of land within Part of Lot 23, Concession 2, former Township of Darlington to permit the development of one (1) additional non-farm related residential lot. The subject lands are designated as "Major Open Space" within the Regional Official Plan. The Regional Plan stipulates that the predominant use of lands under this designation shall be for agricultural and farm-related uses. Any residential . . .2 REPORT NO. : PD-66-88 PAGE 2 --------------------------------------------------------------------------------- development is to proceed in the form of infilling and that such development is recognized as a "Residential Node or Cluster" within the local municipality's Official Plan or Zoning By-law. Within Zoning By-law 84-63, as amended, of the Town of Newcastle, the subject property is located within the "Environmental Protection (EP)11 zone. Within the 11EP11 Zone residential uses are prohibited. We would note that the existing residential use enjoys a legally non-conforming status. In accordance with approved policy, the subject application was circulated to various agencies/departments for comments. The following is a summary of comments which have been received. The following departments/agencies had no objections: - Town of Newcastle Fire Department - Town of Newcastle Building Department - Region of Durham Health Department - Ministry of Agricultural and Food The following is a summary of comments received: Town of Newcastle Public Works Department "We have reviewed the above-noted application and have no objections provided the applicant provide this department with the following: 1. A contribution for upgrading Rundle Road in accordance with Town Policy; 2. A lot grading plan suitable to the Director of Public Works." Central Lake Ontario Conservation Authority "The subject site is partially situated within a forest block. This type of forest cover is generally associated with wet, poorly drained areas. The Authority's Environmentally Sensitive Areas Mapping Project has identified this area of the Iroquois beach as exhibiting a high groundwater table and wetlands. The subject lot is wholly situated within the high groundwater zone and the forested portion appears to be, partially within the wetlands area. 3 REPORT NO. : PD-66-88 PAGE 3 ------------------------------------------------------------------------------- Central Lake Ontario Conservation Authority (Cont1d) The wetlands are typically comprised of vegetative growth supported on a mat of organic material. Disturbance to either the groundwater levels or the organic mat may impact on the biological features of the site. The presence of high groundwater and organic soils may also present limitations in providing support to structures, due to the soft, wet ground characteristic. In view of the existing strip development along Rundle Road, Staff consider the proposal to be an infilling situation. The lot provides sufficient opportunities for the siting of a structure without further removal of the forest cover. Therefore, Staff would only consider the open portion appropriate for residential zoning. Because of the above-noted concerns, the suitability of this lot for the development of an additional residential dwelling cannot be fully assessed without a hydrogeologic investigation. The hydrogeological study would investigate the potential impacts the development may have on adjacent groundwater sources and forest areas, through interference with or degradation of, the groundwater regime. In the absence of such an investigation, Staff cannot support the approval of the rezoning application at this time. Staff suggest that the applicant be requested to undertake a Hydrogeological Study of the site." Regional Planning Department "Further to your request for comments, this is to advise that the subject property is designated "Major Open Space" in the Durham Regional Official Plan. Section 12.2.4 of the Official Plan allows limited non-farm residential uses in the Major Open Space designation in specified circumstances. The proposal for one new non-farm residential use on a new lot does not appear to conform." Staff have reviewed the application with regards to the provisions of the Regional official Plan and the Zoning By-law. There are policies in place to recognize and delineate Rural Clusters in the Regional official Plan and through existing policy, which the Town has in place. Accordingly, the characteristics of a Node or Cluster are as follows: (i) the cluster is recognized as a definable separate entity and is of a size so as not to be considered as scattered or strip development; 4 ~ REPORT 00. : PD-66-88 PAGE 4 _________________________________________________________ _________ (ii) the entire cluster, including areas proposed for development, is identified in the District Plan, local Official Plan, and/or restricted area Zoning By-Ian. 0ooe defined no further extensions to the cluster abaII be permitted; (iii) the existing group of dwellings are on relatively small lots generally being less than approximately 3 ha; (iv) new oIuoteca shall be discouraged from locating on a Provincial Highway or Type n&n Arterial road; and (v) development within the cluster is compatible with the aocc000diug uses and conforms with the Agricultural Code of Practice." ' The Town of Newcastle has a policy in place (see Report PD-180-86) which sets out the criteria for Rural Cluster development. There are two requirements regarding Clusters in this policy which have not been met. Firstly, this location does not have three (3) defined boundaries and secondly, it does not have between three (3) and six (6) residential lots of similar lot characteristics for which building permits are currently available. � Within Zoning By-law 84-83, as amended, of the Town of Newcastle, the "Residential Cluster (RC)II Zone requires a minimum frontage of 30 metres (98.43 feet) per lot. The proposed rezoning would result in development of one (l) additional lot from an existing lot with a frontage of 49.99 metres (164.0 ' feet) . Therefore, the proposed lot and/or the retained lot would not comply with the minimum frontage of a standard "Residential Cluster" lot. | To consider approval of the proposed rezoning, the Town of Newcastle must he satisfied that the development is in accordance with the Regional official Plan as well as the intent of "Ducal CIootec" policies as set down by Council. This site does not exhibit the appropriate characteristics for Staff to support the requested change in zoning. REPORT N0. : DD-66-88 PAGE 5 _______________________________________________________________________________ Accordingly and in consideration of the above-noted comments, Staff are not in a position to support the application. Respectfully submitted, Recommended for presentation to the Committee - / o ` -z��--- ------- --^- ------------ T.T. Edwards, yY.C.I.P. I��wr �otoeff Director of Planning Chief A�� iatcative Officer PB0*TTE*jip *Attach. March 7' 1988 APPLICANT: Mr. Earl Cross Group 6, Box 35 R.B. #6 8OWM&NVILLBv Ontario LIC 3R7 � � � � � LOT 26 ---- - - - - -- --- - --- - -- - ---- ----- --- e D D � � LOT 25 � _ _ SOLiNA RD. D D LOT 24 tT'1 D D � 'LOT 23 RUNDLE RD. Afl . e c� r D ---- —_ rn ILOT 22 .co = D ' LOT 21 rn co A = p D i LOT 20 ----- -- m mcm ----- -- ------- (Ti c m --�- r d A_6 � o m� i LOT 19 - ---- < �? --- I m M3 ; LOT 18 LOT 17 I CONCESSION 2 CONCESSION 3 ROAD ALLOWANCE BETWEEN CONCESSIONS 2 AND 3 SEAgk Lo12�Fm3� wt�au61 N72°2150"E wnw61 w.69Mw � S�L. 265.03' N72°2150E _ 400,00' 0695Mn w SM NE,C 12 �VIN wA4 I I w z3,co z 1 za, z � f �3 i O LOT � 23 =z ° w(aos) I G1 f 4------I C\J ° b CU 3 �3 zI � � ;NS. 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