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Home My WebLink AboutPD-68-84 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 2, 1984 REPORT NO. : PD-68-84 SUBJECT: APPLICATION FOR REZONING - DENNIS ANDERSON PART OF LOT 25, CONCESSION 2, DARLINGTON OUR FILE: DEV 84-4 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-68-84 be received; and * 2. That the attached By-law to amend Zoning By-law 2111 , as amended, in respect of Part Lot 25, Concession 2, former Township of Darlington, be approved. . . .2 �i i REPORT NO. : PD-68-84 Page 2 BACKGROUND: On January 26, 1984, the Planning Department received an application submitted by Mr. Dennis Anderson to rezone a 0.8 hectare parcel of land, Part Lot 25, Concession 2, former Township of Darlington. The purpose of the rezoning would be to permit limited residential development in the form of infilling as part of a residential node or cluster. COMMENTS: In accordance with departmental procedures, the proposed rezoning application was circulated to all concerned Town departments and outside agencies for their comment and/or concerns. By correspondence dated February 8, 1984, the Region of Durham Planning Department advises that the subject site is designated "Major Open Space" in the Durham Regional Official Plan. New non-farm residential uses are generally discouraged. However, Section 10.2.1 .2 of the Durham Plan stipulates that limited dwellings may be allowed in the form of infilling within the Major Open Space designation, 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 to not contribute to script or ribbon development, and subject to such a node or cluster being identified in the respective zoning by-laws." .. .3 REPORT NO. : PD-68-84 Page 3 Regional staff advise that the proposed Zoning Amendment would appear to conform if it meets the above provisions of Section 10.2.1 .2 and 10.2.1 .4 of the Durham Plan. The following agencies have advised Town staff that they have no objections to the application as submitted - Ministry of Agriculture and Food, Ontario Hydro, Town of Newcastle Fire Department, Central Lake Ontario Conservation Authority, Region of Durham Health Unit and the Town of Newcastle Building Department. In reviewing the request submitted by Mr. Anderson, staff note that the applicant had originally applied to the Region of Durham Land Division Committee (Application LD 11/84) for the approval of a consent to sever a retirement lot. Staff noted for the Land Division Committee 's consideration, that pursuant to Section 12.2.4 of the Region of Durham Official Plan, the severance of a retirement lot for a bonafide farmer, provided that the property had been in the retiring farmer's ownership for not less than ten (10) years, is permitted. It was staff's opinion however, the severance would not comply with the appropriate provisions of the "Major Open Space" landuse policy. Furthermore, staff i indicated that the request was reviewed in relation to an infill situation as noted within Section 10.2.1 .2 of the Regional Plan. This provision would permit limited non-farm residential dwellings in the form of infilling within the "Major Open Space" landuse designation, provided that such development is recognized in the respective Zoning By-law. For the purposes of Section 10.2, infilling shall refer to 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 . ..4 i REPORT NO. : PD-68-84 Page 4 of non-farm residential dwellings, in such a manner as to not contribute to strip or ribbon development. Such a node or cluster, furthermore, was to be identified in the respective zoning by-laws. As the Zoning By-laws of the Town of Newcastle do not presently identify residential clusters, the infill situation would not comply with the Official Plan policies. A recommendation of denial , due to the non-conformity with the policies of the Region of Durham Official Plan, was forwarded to the Land Division Committee. Subsequently, Mr. Anderson requested, of the Secretary/ Treasurer, that the application be tabled. A motion of the Committee was moved to the effect, that application LO 11/84 be tabled for six (6) months, pending results of the studies by the Town of Newcastle and the Regional Municipality of Durham. In consideration of the above, Mr. Anderson initiated the subject application for rezoning in order to have the Town recognize this area as a residential cluster or node. As a result of the rezoning application circulation, the Town Works Department advises that they would have no objection to this proposal , provided that as Nash Road is a designated future Regional Arterial Type "B" road, a 3.048 metre (10 foot) road widening is to be dedicated to the Town of Newcastle, for the frontage width abutting Nash Road. Staff acknowledges this comment and would note, that should Council deem it advisable to approve the rezoning application as submitted, staff will amend the comments to .. .5 i - C) REPORT NO. : PD-68-84 Page 5 the Land Division Committee thereby requesting the dedication of a 10 foot road widening, free and clear of all encumbrances , at such time as Land Division application LD 11/84 is brought forward for consideration , by the Land Division Committee. The comments as submitted by the Region of Durham Planning Department imply that the application as submitted, would conform to the policies pertaining to "infilling" within a distinct node or cluster of non-farm residential dwellings, should the local Council deem it advisable, recognizing same within the Zoning By-law. Staff concurs with this interpretation of the policies within the Regional Official Plan and would have no objections to the recognizing of the subject property within Zoning By-law 2111 , as amended. It is noted for Committee's information, that although staff has not as yet, finalized policies relating to residential clusters and nodes (to be incorporated within the Town of Newcastle's District Plan) , it is staff's opinion that the generalized intent of such policies would be applicable to the application as submitted. i .e. a) a minimum of three (3) and a maximum of six (6) residential lots which already exist in the area to be defined as a cluster. b) the cluster is bounded by natural or physical boundaries ie streams/creeks , roads etc. c) the cluster is not located adjacent to an active agricultural operation. As noted within the Regional Official Plan, the residential nodes/clusters are of a non-farm residential nature. . . .6 REPORT NO. : PD-68-84 Page 6 Accordingly, the zoning provisions, as contained within the attached Zoning By-law (lot area , lot frontage, yard requirements and floor area) , are compatible with those applicable to a "Hamlet Residential " designation within the Official Plan and appropriate zoning by-laws. In consideration of the above-noted comments, staff would have no objection to the approval of the Zoning By-law amendment as attached hereto. Respectfu ed, i T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip *Attach. February 29, 1984 Applicant: Mr. D. Anderson 427 Gibbons Street OSHAWA, Ontario Ll J 4Z3 I i