HomeMy WebLinkAboutPD-109-88 DN: PD-109
UNFINISHED BUSINESS
J, ""°"'" TOWN OF NEWCASTLE
,
REPORT File #
Res.
By-Law # l�
METING: COUNCIL
DATE: Monday, May 30, 1988
REPORT #: ADDENDUM TO PD-109-88 FILE #: DEV 88-24
SU&JECT: REZONING APPLICATION - RICHARD GAY
OUR FILE: DEV 88-24
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report PD-109-88 be received; and
2. THAT if Rezoning Application (DEV 88-24) is approved, the United Church of
Canada is required to provide the Town of Newcastle prior to passage of the
by-law amendment, a Letter of Undertaking to warrant that the subject
property will be under the ownership of United Church of Canada for a period
no less than fifty (50) years.
1. BACKGROUND:
1.1 Report PD-109-88 was presented to the General Purpose and Administration
Committee meeting on May 16, 1988 and was referred back to Staff for
further review.
1.2 Committee members were aware that during the presentation made by Mr. Bob
Stelmach, verbal assurance was provided to the Committee that the church
has no intention of selling or using the property for any other uses except
for the proposed manse for the next fifty (50) years.
2
ADDENDUM TO RBD08T PD-109-88 PAGE 2
_______________________________________________________________________________
3^ COMMENTS:
3.1 The manse is considered to be residential use and hence Staff recommended
in Report PD-I09-88 that the by-law not be approved as it contravenes
Regional official Plan policies.
2.3 Inasmuch as the Region did not appeal the consent application, it is
unlikely that the Bagloo will appeal the accompanying by-law amendment
sought by the applicant.
3.3 If Council cbouom to approve the by-law and in order to euoozo the property
� will be used for construction of a manse after the passage of the Zoning
By-law amendment, Staff recommend that the following condition be met prior
to the passage of the Zoning By-law:
"That the United CbDrob of Canada provide the Town of NevvonotIe a
Letter of Undertaking to warrant that the subject property will not be
conveyed to any party or individual".
`
3.4 In addition, the amending by-law (attached) is worded specifically to allow
the property to be used for a manse only.
'
Respectfully submitted, Recommended for presentation
to the Committee
._
/`"�`/�`__^ L/k ��
-------------------------- (--7'-----_rniftrative_______________
FcaohIiu Wu Lawrence taeff
Director of Planning 6 Development Chief Adm Offioec
FW* 'ip
*Attach.
May 18' 1988
DN: 6.4.31
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of
the Corporation 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, of the Corporation of the. Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 6.4 "Special Exceptions - Agricultural (A)" zone of By-law
84-63, as amended, is hereby further amended by adding the following new
Subsection 6.4.31:
"6.4.31 AGRICULTURAL EXCEPTION (A-31) ZONE
Notwithstanding Section 6.1, those lands zoned "A-31" on the
Schedules to this By-law shall only be used for a manse. For the
purposes of this Subsection, a manse shall mean a dwelling for a
clergyman. The placement of buildings and structures shall be
subject to the regulations set out in Section 9.2."
I
2. Schedule 1 to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural (A)" to "Agricultural
Exception (A-31)" zone, as indicated on the attached Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of
y- passing hereof,
subject- to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
' I
i
j
7 r7 iv1 L+i 7r:r�iiifiv' 11 LLi &.._Y -,6W-4p-
passed this day of , 1988 A.D.
BLOOR STREET
N71048'4d'E N72015'40"E
1( 22.668 >-H 23.052 H 1
N.W.Angle a
° Lot 25,Conc.I ° t
r
F�
a
c
Q i
'o J}
N O 1.:..
J
v n M
N O O
Z
m Z
L N71°48�40��E 45.72
LOT 26 LOT 25
CONCESSION 1
M ZONING CHANGE FROM ' A' TO 'A-311
0 10 20 40m f �,
Mayor 20m15 10 5 0 Clerk
30 29 26 27 26.25 24 23 22 21 20 19 N
SUBJECT SITE I A
SEE i z
SCHEDULE W A SCHEDULE '18' 0
(COURTICE) (MAPLE GROVE) V
I 1 ' I BLOOR ST.
a° i ° A o z
° ;A a a 0
K 1 i y i Q 1 I N
-
f F O z
J 0
a 1 Z I N 1 = I V
p p I
1- 8 EP T I ?8A ; A i P j./�' z
M2, ELINE R 1 V
I—' A-10, 0
I11M1 1 1 z
' a 0
H)MZ I Cs a M2 IN)M1 HIGHWAY NF 401 U
EP Ow I A i E
z
.
A ; ^ �H�11 12
LL
E w
<qfF �NTAR/� N i : A O
. 1 i � o zso soo :a�om
Former Township of DARLINGTON
•... Ep' S00m 100 �'
DN: 109-88 'C�
TOWN OF NEWCASTLE
REPORT File
Res.
By-Law #
MEETING: General Purpose and Administration Committee
IATE: Monday, May 16, 1988
REPORT #: pD-l09-88 FILE #: DEV 88-24
SUB-JECT: REZONING APPLICATION - RICHARD GAY
PART LOT 25, CONCESSION 1, FORMER TWP. OF DARLINGTON
OUR FILE: DEV 88-24
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-109-88 be received; and
2. THAT the application submitted by Mr. Richard Gay to rezone a parcel of
land in Part of Lot 25, Concession 1, former Township of Darlington to
permit the development of an additional non-farm related residential lot be
denied as the proposal does not conform to the provisions of the Durham
Regional Official Plan nor the Town of Newcastle Rural Cluster Policy; and
3. THAT the applicant be so advised.
BACKGROUND AND COMMENT:
On March 3, 1988, the Planning Department received an application submitted by Mr.
Richard Gay to rezone a parcel of land within Part of Lot 25, Concession 1, former
Township of Darlington to permit the development of One (1) additional non-farm
related residential lot. Staff would confirm that the Rezoning Application was
filed in consideration of conditions of Land Division approval pursuant to
Application LD 37/88. Staff would confirm, for the Committee's information that
. . .2
REPORT NO. : PD-109-88 PAGE 2
--------;--------------------------------------------------------------------------
Land Division Application LD 37/88, submitted by Mr. Richard Gay, was received
by Staff on December 22, 1987 requesting comments for the Land Division
Committee's consideration at their meeting of January 18, 1988. To that end,
the following comments were submitted for the Committee's consideration.
CONFORMITY WITH ZONING BY-LAW PROVISIONS:
"Within the Town of Newcastle Comprehensive zoning By-law 84-63, as amended,
the subject lands are located within the "Agricultural (A)" zone. The severed
lands would not appear to comply with the applicable provisions within the
"Agricultural" zone to permit the severance of an additional non-farm related
residential lot as requested.
Section 6.2 within By-law 84-63, states that non-farm residential buildings
and structures on lots which predate the passing of this by-law are permitted.
However, farm-related residences and residential buildings and structures on
lots which are created by severance must be in accordance with the Durham
Regional official Plan and shall comply with the zoning requirements set out in
Section 9.2 of this by-law.
Inasmuch as the subject lands are not located within the "Rural Cluster (RC)11
zone, Staff are not in a position to support the application as filed."
Staff would note for the Committee's information that in consideration of the
application as filed, the Land Division Committee approved same subject to a
number of conditions. Staff would note that Condition No. 2 required that the
applicant satisfy the requirements of the Town of Newcastle, financially and
otherwise, including satisfactory arrangements regarding zoning.
The subject lands are designated "General Agricultural Area" within the Region
of Durham official Plan. The Regional Plan stipulates that the predominant use
of lands under this designation shall be for agricultural and farm-related uses
unless residential development proceeds in the form of infilling and the said
development is recognized as a Residential Node or Cluster within the local
municipality's Official Plan or Zoning By-law.
By-law 84-63, as amended, indicates that the subject lands are located within
the "Agricultural (A)" zone. This zone permits non-farm residential buildings
and structures on lots which predate the current zoning by-law or are located
on lots created by severance in accordance with the policies of the Durham
Regional official Plan.
. . .3
REPORT NO. : PD-109-88 PAGE 3
--------------------------------------------------------------------------------
In accordance with approved policy, the subject application was circulated to
various agencies and departments for comments. The following departments/
agencies had no objections:
- Town of Newcastle Fire Department
- Town of Newcastle Building Department
- Region of Durham Health unit
Town of Newcastle Public Works Department
"We have reviewed the above-noted application and find we have no objection to
this proposal subject to the following comments:
1. That a 10 foot (3.05 metre) road widening along Bloor Street be
dedicated to the Town.
2. That the Owner contribute to the resurfacing of Bloor Street in
accordance with Town Policy.
3. That the Owner provide this Department with a Lot Grading Plan
satisfactory to the Director of Public Works."
Ministry of Agriculture and Food
"The proposed rezoning would not comply with the Provincial Foodland Guidelines
by creating an incompatible use in a predominantly agricultural area."
Region of Durham Planning Department
"In response to your request for comments, Regional Council, at its March 9,
1988 meeting adopted the recommendation of the Durham Planning Committee
concurring with the February 1, 1988 decision of the Land Division Committee on
related severance application file: LD 37/88. The Region's requirements,
financial or otherwise, will be satisfied through the consent process."
Staff would note that in consideration of the Land Division Committee decision
pertaining to Mr. Gay's application, Regional Planning Staff prepared a report
(Report No. 88-62) for Planning Committee's consideration. It is noted within
Report 88-62, Regional Planning Staff indicated that the subject property was
designated "General Agricultural Area" in the Durham Regional official Plan.
Furthermore it was noted that non-farm residential uses are not permitted
unless it is in the form of infilling and is recognized as such within a Node
or Cluster in the Zoning By-law. The proposal did not qualify under this
. . .4
�^\
.__
REPORT NO. : PD-I09-88 PAGE 4
_______________________________________________________________________________
policy in Regional Staff's opinion.
Regional C0000lI at its March 9, 1988 meeting, adopted the recommendation of
the Durham Planning Committee concurring with the February l, 1988 decision of
the Land Division Committee on severance application LD 37/88.
Staff have reviewed the application in consideration of the provisions of the
Regional official Plan. There are policies in place to recognize and delineate
Rural Clusters in the Regional Official Plan. 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;
(ii) the entire cluster, including areas proposed for development, is
identified in the District Plan, local Official Plan, and/or
restricted area Zoning 8y-law. Once defined no further extensions to
the cluster shall be permitted;
(iii) the existing group of dwellings are on relatively small Iota generally
being less than approximately 3 ha;
(iv) new clusters shall be discouraged from locating on a Provincial
Highway or Type ''Ax Arterial road; and
(n) development within the cluster is compatible with the surrounding uses
and conforms with the Agricultural Code of Practice."
The Town, in its Rural Cluster Policy would consider an application based no
the following:
"For the purposes of this policy, rocoI Nodes or Clusters are defined as areas
of rural non-farm related residential development which exhibit similar lot
characteristics and contain a minimum of three (3) and a maximum of six (6)
existing residential Intn for which building permits would be available and
within which iufiIliug may occur up to a maximum of three (3) additional lots.
& rural Cluster shall be defined as areas bounded on, at least three (3) sides
by natural or pbvoloal boundaries such as watercourses or public streets."
To consider approval of the proposed rezoning, the Town must be satisfied that
the development is in accordance with the Regional Official Plan. In view of
the comments received and as noted above" in consideration of the Regional
Official Plan Policies, the comments of the Ministry of Agriculture and Food
REPORT U0. : PD-I09-88 PAGE 5
_______________________________________________________________________________
and the Town Rural Cluster Policy, it would appear that the proposal does not
conform to the relevant policies. In consideration of same, Staff are not in a
position to support the application as filed.
Respectfully submitted, Recommended for presentation
to the Committee
--- --��r--��--------- T-T----- -----------------
L.D. TayI�u� f�wceu Kntaeff
Deputy Director of Planning Chief &dmb iatcotive Officer
lT
,
P80*LDT* ' '
*Attach.
May 4' 1988
CC: Mc. Rick Gay
B.P. 8taImaob
292 King Street West
P.O. Box 973
0S8AV0\, Ontario
LIB 702
LOT 27 LOT 26 LOT 25 LOT 24
N
z
O
cn
2.5 ac 112 ac. M
I
2.30c w
2 ac. 54 ac.
I9 0 ac. Q 2 ac. 22.9 ac. 11 ac. 1 1 ac. 0 Z
Q o O
I � V
7 ac. 2.5 ac.
[ REGIONAL RD. 2 L ° BLDOF,' 1 STREET
lac. � >e Fol SUBJ ECT SITE
la •9 c , 1 15 ac.
U j
O O
2-5 ac. Q
p O
cn
O
U
U) N
V
99 ac 61t 5 ac. W
Z 10.1900 0
Z Z
O
69.86 ac. 69- 5 bc.
TOWN of NEWCASTLE formerly TOWNSHIP of DARLINGTON