HomeMy WebLinkAboutPD-157-84 I
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CORPORATION OF THE TOWN OF NEWCASTLE j
T.T.EDWARDS,M.C.LP.,Director 'I
PLANNING AND DEVELOPMENT DEPARTMENT TEL.(416)263-2231
Director
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HAMPTON,ONTARIO LOB 1J0 j
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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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 ,
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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:
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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
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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.
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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
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G.B. Rickard, Mayor ZONE CHANGE TO ' RC-5 '
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