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HomeMy WebLinkAboutPD-157-84 I i 4 CORPORATION OF THE TOWN OF NEWCASTLE j T.T.EDWARDS,M.C.LP.,Director 'I PLANNING AND DEVELOPMENT DEPARTMENT TEL.(416)263-2231 Director 1 i HAMPTON,ONTARIO LOB 1J0 j REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE I MEETING OF SEPTEMBER 17, 1984 REPORT NO. : PO-157-84 SUBJECT: APPLICATION 5, FORMER.TWPMBOFNCLARKE FILE: DEV 84-19 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-157-84 be received; and * 2. That the By-law attached to this report to rezone a 0.22 hectare parcel of land in Part of Lot 26, Concession 5, Clarke, to permit the creation of four (4) lots with existing homes , be forwarded to Council for approval , . . .2 REPORT NO. : PD-157-84 Page 2 BACKGROUND: On May 30, 1984, the Town of Newcastle Planning Department received an application submitted by Mary Lillian Tamblyn to rezone a 0.22 hectare (0.55 acre) parcel of land in Part of Lot 26, Concession 5, former Township of Clarke. that there are four (4) separate one storey frame dwellings currently located on the subject property, and that the applicant has indicated that these dwellings were constructed in 1953, prior to the approval of the Clarke Township Zoning By-law. The purpose of the rezoning application is to permit the creation of four (4) individual lots, each with one dwelling. Staff further note that the applicant has submitted applications to the Region of Durham Land Division Committee (LD 210, 211 and 212/84) for the creation of the four (4) individual lots. Town Staff noted in comments to the Land Division Committee on the applications that the frontage and the area of the proposed lots do not conform to the require- ments of the Clarke Township Zoning By-law. Staff recommended approval subject to the approval of a rezoning application. On July 9, 1984, the Land Division Committee approved the severance applications, with one of the conditions of approval being that the applicant satisfy the requirements of the Town of Newcastle with respect to the rezoning. In accordance with departmental procedure, the application for rezoning was circulated to various departments and agencies for comments. The following concerns were submitted: , . .3 c�g) REPORT NO. : PD-157-84 Page 3 Region of Durham Planning Department "The subject site is designated "Permanent Agriculture Reserve" in the Durham Regional Official Plan. Non-farm residential uses are not permitted within this designation. We understand, however that there are four (4) existing dwellings on the property. In this regard, Section 16.6.5 of the Regional Plan stipulates that local Council may zone to permit the continuation of existing uses. In view of the size of the proposed lots and the existing services, we suggest that adequate private water supply and sewage disposal facilities be a major consideration in the review of the proposed development." Region of Durham Health Unit "This application is approved providing that the Owner register on title that there can not be any additions or out buildings constructed behind the existing structures on the proposed lots." COMMENT: As indicated earlier, the subject parcel is designated "Permanent Agriculture Reserve" by the Durham Regional Official Plan, and the creation of non-farm residential lots in not permitted in this designation. The subject property is zoned "Agricultural -Special Provision One (A-1 )" by By-law 84-63, the Comprehensive Zoning By-law. Non-farm related residential lots created in accordance with the provisions of the Durham Regional Official Plan and located within this zone are required to have a minimum frontage of 30 metres and a minimum lot area of 3,000 square metres. The proposed lots as approved by the Land Division Committee each have a frontage of 15.24 metres and an area of 557.4 square metres. As noted earlier, the subject property is designated "Permanent Agriculture Reserve" by the Durham Regional Official Plan and the creation of non-farm related . ..4 v C�� REPORT NO. : PD-157-84 Page 4 residential lots is prohibited. However, Section 16.6.5 of the Official Plan permits an area Municipality to zone to permit the continuation of a non-conforming use. Inasmuch as the four (4) dwellings are existing and would not constitute an increase in the residential usage of the property, Staff have no difficulty with the rezoning application. To that end, a By-law has been prepared to recognize the existing situation and to permit the creation of the lots subject to the Land Division applications. Both the Durham Regional Health Unit and the Regional Planning Department expressed a concern regarding the size of the proposed lots and the provision of private services. Staff note that currently a well which services all four (4) dwellings is located in the northwest corner of the subject property and that the applicant has proposed to provide easements over the proposed lots to provide access for the other dwellings to the well . In addition, the Health Unit stipulated that there can not be any additions our out buildings constructed behind the existing structures. Staff have incorporated the necessary rearyard requirement and a provision prohibiting the construction of accessory buildings in the rearyard within the By-law in order to implement the Health Unit requirement. In consideration of the above, it is recommended that the * By-law attached to this Report be forwarded to Council for approval . Respectful :ed, cc: Mrs. M. Tamblyn Apt . 1007 Al f 255 Simcoe Street N. OSHAWA, Ontario T. Edwards, M.C.I.P. L1G 4W3 Director of Planning cc: Mr. H.R. Robinson , JAS*TTE*jip Chief Public Health September 6, 1984 Inspector^ 1 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- Jf! being a By-law to amend By-law 84-63, as amended, 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, in order to permit the continuation of existing legal non-conforming residential uses pursuant to Section 16.6.5 of the Durham Regional Official Plan. NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1 . Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing to "RC-5" the zone designation of the lands indicated as "ZONE CHANGE TO RC-5" on the attached Schedule "X" hereto. 2. Section 7.3 of By-law 84-63, as amended, is hereby further amended by adding the following new Subsection 7.3.5: "7.3.5 RURAL CLUSTER EXCEPTION (RC-5) ZONE Notwithstanding Section 7.2, those lands zoned RC-5 on the Schedules to this By-law shall be subject to the following zone regulations: (a) Lot Area (minimum) 550 square metres (b) Lot Frontage (minimum) 15 metres (c) Yard Requirements (minimum) i) Front Yard 9 metres ii) Interior Side Yard Minimum width shall be 6 metres on one side, 1 metre on the other side iii) Rear Yard 18.5 metres (d) Floor Area (minimum) 65 square metres (e) Lot Coverage (maximum) 15 percent (f) No accessory buildings or structures shall be permitted in the rear yard." 3. Schedule "X" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date hereof subject to the provisions of Section 34 of the Planning Act. i BY-LAW read a first time this day of 1984 BY-LAW read a second time this day of 1984 BY-LAW read a third time and finally passed this -),f day of i 1984 MAYOR CLERK This is Schedule "X" to By-law 84- passed this day of A.D. 1984. ROAD ALLOWANCE BTW. CONCESSIONS 5 a 6 I --N.W.ANGLE M LOT 26,CON.5 N 7104230" 36.58 (` m m N q, 0 0 on o m N O J Z W W W m W U Z Q 0 0 Q C ti ° m o m Q z z O __ L N 710 42'30 36.58 G.B. Rickard, Mayor ZONE CHANGE TO ' RC-5 ' 4 0 5 IO 20 O D.W. Oakat, Clark N 5 I , Key Map -Former Township of Clarke ®°m 200 LOT I LOT LOT I LOT LOT I LOT I LOT LOT LOT 32 1 31 I LOT , LOT TAUNTOtJ ROAD 29 28 1 27 26 25 24 23 I 22 zl REGfONAL R0. N° 4 I I I z cs 0 ' I oa I I I 1 a SUBJECT i a ' SITE 1 to V I z I I w t'RftK ( Z P.R:0 0 I I i I