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HomeMy WebLinkAboutPD-116-84 Q CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 4, 1984 REPORT NO. : PD-116-84 i SUBJECT: APPLICATION FOR REZONING - M. LOMAX PT. LOT 27, CONC. 5, FORMER TWP. OF CLARKE FILE: DEV 84-14 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-116-84 be received; and * 2. That the By-law attached to this report to amend By-law 1592, as amended, of the former Township of Clarke, be approved; and 3. That the subject by-law be forwarded to Council for approval at such time as the Town has received the required road widening which shall be held in escrow pending final approval of the By-law. . . .2 REPORT NO. : PD-116-84 Page 2 BACKGROUND: On April 13, 1984 the Planning Department received an application submitted by Mrs. M. Lomax to rezone a 3.56 hectare (8.8 acre) parcel of land located in Part of Lot 27, Concession 5, former Township of Clarke from "Ml -Industrial " to "A-Agriculture". The subject site is designated as "Permanent Agriculture Reserve" by the Durham Regional Official Plan. In accordance with departmental procedure, the subject application was circulated to various departments and agencies for comment. The following is a summary of the comments received: Town of Newcastle Public Works Department No objection, provided that a 3.9 metre (13 foot) road widening for the entire frontage onto Mill Street be dedicated to the Town. Region of Durham Planning Department The subject site is located in the vicinity of the Hamlet of Orono. The boundary and landuses for this hamlet have not been determined in a development plan. However, the subject proposal for a single family dwelling would conform if the subject site is considered as part of the hamlet area and the proposal is construed as minor addition to existing development. Alternatively, if the subject site is considered to lie outside of the hamlet area, the agricultural area policies of the Durham Plan would be applicable. The Durham Plan states that a single family residential dwelling may be permitted on existing lots of record created on or before the date of Regional Council adoption of this Plan subject to such a lot complying with the provisions of the respective zoning by-law. Accordingly, the proposal would conform if the subject lot is created prior to July 14, 1976. . . .3 REPORT NO. : PD-116-84 Page 3 We note also that the proposal represents an increase in residential usage of the property. The payment of Regional levies will therefore be required in accordance with Regional Council 's development charge policies. We respectfully request that the payment of Regional levies be included as a condition of approval of the subject application. The other agencies circulated provided no objection to the proposed rezoning. COMMENT: Staff note that the subject property is currently owned by the owners of Curvply Wood Products. The proposed rezoning would bring the zoning of the property into conformity with its designation in the Durham Regional Official Plan. The subject parcel is zoned "Agricultural " in the draft Comprehensive Zoning By-law which was given first reading by Council on May 14, 1984. The current industrial zoning on the property permits a single family dwelling in conjunction with the permitted industrial use. The zone change to "Agricultural " would also permit the construction of a single family dwelling on the property. Therefore, the rezoning does not , in our opinion, represent an increase in the residential usage of the property. The payment of Town lot levies will therefore not be required. The Region has requested that the payment of Regional levies be included as a condition of approval of the subject application. However, in view of the fact that a residential use is presently permitted, albeit in conjunction with an industrial use, we do not feel it is an appropriate condition of rezoning and have not included same. .. .4 � REPORT NO. : PD-116-84 Page 4 Staff note that the intent of the applicant is to build a single family home on the property. By-law 1592, as amended, of the former Township of Clarke currently requires a parcel of land in the agricultural zone with a dwelling to have a minimum frontage of 100.6 metres (330 feet) and a minimum area of 16.2 hectares (40.0 acres). However, the subject parcel was created prior to the adoption of the Clarke Zoning By-law in May, 1968 and therefore would be exempt from these frontage and area requirements. A single family dwelling is also permitted on the lot under the provisions of the Durham Regional Official Plan. It is therefore recommended that rezoning application 84-14 to rezone the subject property to "Agricultural " be approved. It is further recommended that the attached by-law not be forwarded to Council for approval until such time as the required road widening across the frontage of the property has been deeded to the Town. Respectfully submttted, T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*jip *Attach. May 22, 1984 Applicant: Mrs. M. Lomax 15 Eleanor Court TILLSONBURG, Ontario N4G 2H3 Mr. E. Samuels and Mr. J. Klasner c/o Curvply Wood Products ORONO, Ontario LOB IMO i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- 84 being a By-law to amend Restricted Area By-law 1592, as amended, of the former Township of Clarke, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area (Zoning) By-law 1592, as amended, of the former Township of Clarke in order to bring the zoning of a parcel of land in Part Lot 27, Concession 5, into conformity with its designation in the Durham Regional Official Plan. NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1 . Schedule "A" Map 1 to By-law 1592, as amended, is hereby further amended by changing to '.A" the zone designation of the lands indicated as "ZONE CHANGE TO A" on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date hereof subject to the provisions of Section 34 of the Planning Act. 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 day of 1984 MAYOR I CLERK I This is Schedule "X" to By-law 84- 84 , passed this day of A.D. 198-4. I TRAVELLED N74001'3oE 79.26 ROAD m r` N 2 N7400'30'E 5273 N o N . N N N F- O Z W W F- W M W U Z 3 3 0 0 J n J Z ~.Q `O V (SEAL) = Q 131.74 G.B. Rickard, Mayor ® ZONE CHANGE TO 0 25 SO IOOm 4 D.W. Oak�t, Clerk 50 10 Key Map -Former Township of Clarke" 200 LOT I LOT LOT I P9 LO I OT I LOT LOT LOT LOT LOT 32 I 31 30 I 26 25 24 I 23 i 22 TAUNTON RD. I RE0. RD. N4' 4 ( 1 ( I ZI I � I I I Oa I I I I I I I WI 'SUBJECT- 'SITE 1 ' 01 ' cPr.cK I I I n = I I I I o fU