HomeMy WebLinkAboutPD-158-88 DN: 158-88
TOWN OF NEWCASTLE
REPORT File # � ✓
MT,
Res.
By-Law # ; t Cd a
MEETING: General Purpose and Administration Committee
DATE: July 18, 1988
REPORT #: PD-158-88 FILE #: DEV 88-51
SUBJECT: REZONING APPLICATION - ANNA OUYANG
PART LOT 35, CONCESSION 41, FORMER TOWNSHIP OF DARLINGTON
OUR FILE: DEV 88-51
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-158-88 be received; and
2.
THAT the rezoning application submitted by Mrs. Anna Ouyang to rezone a 4.01
hectare (9.90 acre) parcel to "Rural Cluster" be approved and the amending
by-law be forwarded to Council.
3. THAT the applicant be so advised.
1. BACKGROUND
1.1 On May 20, 1988, the planning department received an application to amend
By-law 84-63, submitted by Mrs. Anna Ouyang. The application would rezone a
4.01 hectare (9.90 acre) parcel of land to "Rural Cluster" to permit the
creation of one additional non-farm rural residential lot, Part Lot 35,
Concession 4, in the former Township of Darlington.
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REPORT 0O. : PD-158-88 PAGE 3
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2. OFFICIAL PLAN CONFORMITY
2.1 The subject lands are designated as "Major Open Space" in the Durham
Regional official Plan. The Regional official Plan states that the
predominant use of lands under this designation shall be for agricultural
and farm-related uses. The Plan also states that the development of new
non-farm residential uses shall be discouraged within this designation
oulema such development proceeds in the form of iufiIliog between existing
residential dwellings and provided that such development is recognized as a
Residential Node or Cluster in the local municipality's Zoning By-law.
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3. ZONING BY-LAW CONFORMITY
3.1 The subject lands are currently zoned "Agricultural" in the Town of
Newcastle Comprehensive Zoning By-law 84-63, as amended. This zone does
permit non-farm residential uses which predate the present by-law. However,
newly created lots by severance and otrontoceo thereon moot be done so in
accordance with Regional Official Plan provisions.
4. PUBLIC NOTICE
4.1 Staff would note for the Committee's information that DOzouaut to Council's
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resolution of July 26" 1982 and the requirements of the Planning Act, the
appropriate aiguage acknowledging the application was installed on the
subject lands.
5. CIIBCOIJyTI00
5.1 In accordance with departmental procedures, the application was circulated
to obtain comments from other departments and agencies. Staff would note
the following departments/agencies in providing comments, offered no
objections to the application as filed.
REPORT NO. : PD-158-88 PAGE 3
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5.1 - Town of Newcastle Fire Department
- Ministry of Agriculture and Food
- Regional Health
5.2 The Town of Newcastle Public Works Department in responding, noted that
inasmuch as the subject property fronts on a Regional Road, they would have
no objection in principle to the request, however would require that the
applicant provide, to the satisfaction of the Department, a lot drainage and
grading plan.
5.3 The Town of Newcastle Community Services Department offered no objection to
the application and further noted that 5% cash-in-lieu of parkland be
requested.
5.4 The Regional Planning Department offered no objection to the proposal as
submitted, however the Regional Works Department noted an objection to the
second access from Regional Road 55 noting that said road is an Arterial
Type IBI . Regional Staff also noted that if the application is to be
approved that a seventeen foot (17 foot) road widening would be dedicated in
addition to the applicable levies.
6. COMMENTS
6.1 Staff have reviewed the application with regards to the provisions of the
Regional official Plan. Within this document there are policies to delinate
a Cluster or Node. Accordingly, a Cluster or Node must be definable as a
separate entity so as not to be considered as strip or scattered
development. The entire Cluster must be recognized in the local planning
documents, once defined no further extensions may be permitted, however
minor extensions may be permitted in exception circumstances. In addition
the existing group of dwellings must be on relatively small lots and new
Clusters may not be located on Provincial Highways or Type 'A' Arterial
Roads. Finally, the development within the Cluster must be compatible with
surrounding uses and conforms with the Agricultural Code of Practice.
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REPORT 00. : DD-158-88 PAGE 4
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6.2 The Town of Newcastle Official Plan defines a Cluster or Node as a definable
as three to six existing residential lots of similar size and
characteristics for which building lots are available and within which
iufilIing may nnouc upto a maximum of three (3) additional Iota. A Cluster
shall also be defined as areas bounded by three (3) natural or physical
boundaries. In addition, Nodes or Clusters shall not be permitted in the
nDecnsaueot Agricultural Reserve" designation in the Durham Regional Otfoial
Plan and in areas of active agricultural operations and moot therefore
comply with the Agricultural Code of Practice.
6.3 Staff »moId note, for the Committee's information that the initial proposal
submitted would only mlImv the creation of one (l) additional non-farm
residential lot. The proposed lot would have a frontage of 50 metres (164
feet) and a lot area of 6,094.2 aQoaze metres (6 hectares) . However, the
applicant has requested that the entire lot be rezoned to «BuzaI Cluster
(RC)n. In doing this, Staff is aware that there is potential for the
applicant to create more than just one additional lot given that there is
200 metres (658 feet) of frontage available. The minimum frontage
requirement is 30 metres. Staff is cognizant of this possibility. In
the consideration of the merit of this proposed rezoning, it is noted that
this property is sandwiched between two BucmI Cluster zones created in
September 1985 and April 1986. Given that, the creation of Iota between
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the existing Clusters would be in keeping with characteristic of that area.
6.4 Ioaamoob as the proposal fronts on a Regional Road and in consideration of
the Regional Works comments, Staff vmoId note for the Committee's
information that 8*ottoo I3.2.15 of the Durham Regional Official Plan states
that a maximum number of six private aooeaaea per side per mile may be
permitted on a Type '8' Arterial Road. In addition, Section 13.2.9 states
that m Type 'B' Arterial Road shall have a right-of-way width ranging from
86 to I201 ^
REPORT 00. : PD-158-88 PAGE 5
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6.4 Given this, it is anticipated that any n000ecua in respect of vvideoiogo and
entrances would be addressed when Land Division Committee applications are
filed by the applicant. The applicant may also be required to satisfy the
Regional Works Department with respect to common aooeaa points for future
lots to be created.
7. RECOMMENDATIONS
7.1 Given the above, it is respectfully recommended that the rezoning
application be approved and the by-law be forwarded to CnouoiI.
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BaopeotfulIy submitted, Recommended for presentation
to the Committee
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Franklin Wu ceuoe E taeff
Director of Planning & Development Chief Jdhnibi trative Officer
CRV*PW*bb
*Attach.
July 7, 1988
PURPOSE AND EFFECT
BY-LAW 88-
The Purpose and Effect of By-law 88- is to amend Zoning By-law
84-63, as amended of the Town of Newcastle by changing the zone
designation of the lands identified by Schedule "X" hereto from
"Agricultural (A)" to "Rural Cluster (RC)".
The subject By-law would permit the development of additional
non-farm rural residential lots.
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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. Schedule 114" to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from "Agricultural (A)" to "Rural Cluster
(RC)" zone as shown 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 of 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.
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MAYOR
CLERK
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This is Schedule "X" to By-law 88-
passed this day of 3198`8 A.D.
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