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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