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HomeMy WebLinkAboutPD-137-85 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 7, 1985 REPORT NO. : PD-137-85 SUBJECT: REZONING APPLICATION - ALAN WILLISON PART LOT 31, CONC. 3, TWP. OF DARLINGTON OUR FILE: DEV 85-15 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-137-85 be received for information; and 2. That application for rezoning, File: DEV 85-15, in respect of Part of Lot 31, Concession 3, former Township of Darlington, submitted by Mr. Alan Willison to permit the development of an additional residential lot, be approved; and * 3. That the attached by-law to amend By-law 84-63, as amended, be forwarded to Council . . . .2 J REPORT NO. : PD-137-85 Page 2 BACKGROUND AND COMMENT: At the Committee meeting of September 16, 1985, the Committee considered Staff Report PD-129-65 in respect of three (3) proposed applications for rezoning to identify a rural residential node or cluster. The applicant, Mr. Willison, appeared in respect of the subject application and identified a number of concerns with respect to the Staff comments and conditions that would be applied in respect of any proposed severance. The subject application was referred back to Staff for a further report and response to the submission made by Mr. * Willison, a copy of which is attached hereto. Mr. Willison' s objections to the Town's recommended conditions are primarily related to the requirement of a dedication of road widening and sight triangle and Staff's recommended location for lot access. The reasons for Mr. Willison' s objections are spelt out on his submission and Staff do not need to repeat them here. With respect to the Town' s requirements, as indicated at the Committee meeting of September 16, 1985, these comments have been made in keeping with current Town Policy and practice. With respect to the road widening, the Town's authority for requiring a road widening as a condition of the development approval , is found in Sections 50 and 52 of the Planning Act, 1983 which requires Council , when considering a development application, to have regard for the number, width, location and proposed grades and elevations of highways and the adequacy thereof, and the highways linking the highways in the proposed development with the established highway system in the vicinity and the adequacy thereof. . . .3 I REPORT NO. : PD-137-85 Page 3 In addition, reference must be made to Section 13 of the Durham Regional Official Plan dealing with transportation networks. Section 13.2.8 provides that a Type 'A' Arterial shall have a right-of-way width ranging from 120 to 150 feet. Based upon this policy, a road widening ranging in width from 27 to 42 feet may be taken from each side of the road as a condition of development approval . Pebblestone Road is designated as a Type 'A' Arterial Road by the Durham Regional Official Plan and as such, Staff of the Public Works Department have recommended the minimum right-of-way dedication needed to achieve the objective of the Durham Regional Official Plan. With respect to the issue of the daylighting triangle (sight triangle) , Staff note that immediately to the west of the Willison property is a proposed intersection of a local road with a designated arterial road, and as such, Town standards prescribe minimum daylighting triangles to be achieved. The dedication of a daylighting triangle, by Mr. Willison, is intended to permit this local road to be designed in accordance with Town standards, and can be requested as a condition of development approval utilizing the authority vested in the municipality by the Planning Act without regard for the extent to which the sight triangle will directly benefit the developer or the property owner being required to make the dedication. This authority, in Staff' s opinion, was intended to place in the hands of municipal Council , certain extraordinary powers intended to provide Council with control over road design and development where subdivision or land severances are involved. The recommendations of the Public Works Department are, therefore, consistent with approved Regional policy and within municipal authority. . . .4 REPORT NO. : PD-137-85 Page 4 Mr. Willison has also identified a concern with respect to the presence of a number of fully developed trees within this proposed road widening. It is the intent of the Regional Official Plan, Section 13.2.16 to encourage developers and land owners to plant trees along the rights-of-ways of arterial roads to be widened or on adjacent private property to provide for continuous landscaping in the event of tree removal associated with such road widening. No specific plans for the widening of Pebblestone Road have been identified as of yet, and it is unlikely that any tree removal would take place in the short term. Since persons contemplating development, such as land severance or subdivision, are encouraged or required to undertake tree planting within the road right-of-way or on their private property to protect against the eventual removal of trees existing prior to the dedication of road widening, the onus would, therefore, appear to be upon the property owner to plant trees, if deemed desirable, to protect against loss of existing trees through future tree removal related to road widening. With respect to the question of access, Section 13.2.14 of the Regional Plan requires that the maximum number of private accesses to a Type 'A' Arterial Road be limited to two points per side per mile in rural areas. Based upon this Official Plan policy, it was Staff' s recommendation that access to the proposed lot be taken from the lower order road to be developed as part of the abutting subdivision, however, provided the intent of the Plan is adhered to and following adequate study which indicates that such provisions are impractical , the authority having jurisdiction may alter the requirement without amendment to the j Regional Plan. It is Staff's position that the development of a local road provides a practical alternative to a direct access to i a Type 'A' arterial and failing same, the proposed severance would not comply with the intent of the Official Plan. We note, .. .5 REPORT NO. : PD-137-85 Page 5 however, that the timing for construction of this local road has not been determined and may, in fact, not be compatible with the building schedule proposed by Mr. Willison. Notwithstanding this, the preferred access location, from a Planning and Public Works point of view, would be to the local road and in view of this consideration, approval of the severance may be premature pending completion of said road. On the other hand, we note that, if Mr. Gearing's development to the west had not been approved, an individual access to Pebblestone Road would be the only alternative as was the case with the Senyk proposal further to the west. With respect to the question of house design, while it may have been premature for Mr. Willison to base house design upon an approval which had not yet been granted, we do not see how reorientation of the access would sacrifice solar energy efficiency inasmuch as an east/west driveway has greater exposure to the sun' s rays then does a north/west driveway, a portion of which would be in shade during the winter months. The recommendations of the Public Works Department are, in Staff's opinion, practical solutions and consistent with the intent of the Official Plan. We would note, however, that in consideration of the dedication of the sight triangle by the applicant, Council consider removing the proposed one foot reserve, along the west boundary of the Willison lot, without charge, to permit access to the local road being developed through Plan of Subdivision 18T-84048 and an appropriate clause be included within the relevant subdivision agreement. If this is the wish of Council , an appropriate resolution would be made. The foregoing comments are intended to identify, for the Committee, the basis and rationale for the Staff comments. We note, at this point in time, that these conditions are not being . ..6 REPORT NO. : PD-137-85 Page 6 imposed as a condition of approval of the rezoning but, in the absence of Council direction to the contrary, would be imposed as a condition of land division. We note that, should the recommended conditions be imposed, Mr. Willison has the right to appeal the decision of the Land Division Committee. Alternatively, Council can refuse to approve the rezoning until satisfactory assurances are provided that the Town's conditions will be satisfied. Based on the foregoing, Staff feel it would be appropriate to proceed with approval of the subject application for rezoning and would request that specific direction be given to Staff with respect to any conditions of approval to be imposed for the subsequent land division application. Respectfully submitted, 7r 6 I T.T. Ed ards, M.C.I .P. Director of Planning TTE*j i p *Attach. September 23, 1985 Applicant: Mr. A. Willison 2 Meadow Street OSHAWA, Ontario U H 7K5 REZONING APPLICATION ALAN WILLISON FILE: Dev 85-15 Proposal : That Alan Willison receive approval to rezone part lot 31, Concession 3, former Township of Darlington fron Agricultural ` to 'Residential ` with ultimate : intent of dividing current parcel into two, 1 acre (approx. ) lots. Current Status: All town and regional departments in agreement with proposal . Town of Newcastle Works Department has also offered the following three comments.. 1) A 27' increase in road allowance is to be taken from subject property to faci'li'tate potential future road widening from 66' to 120' . 2) An 18.,25 x 6.25 M. si'gh.t triangle is to be taken from the N.W. corner of the subject lands to facilitate traffic vision entering Pebblestone Road from proposed P. Gearing subdivision. 3) Driveway entrance from proposed westerly lot to be gained via Paul Gearing subdivision. Objections to Works Department Recommendations: Additional 27' Road Allowance. 1) A 27' additional road allowance is not necessary in that Pebblestone Road is not likely to be widened in the forseeable future (next 10- 20 years according to Town Works Dept. ) 2) First 27' of subject property contains many major fully developed trees adding significant value to current property. Driveway Location. 1 ) Significant concern to A. Willison re: potential additional expense payable to P. Gearing for access to his roadway after pre-payment of approx. $900.00 lot levies to the Town of Newcastle. 2) P. Gearing road allowance not yet developed . Final timing of this project may not coincide with the timing of A. Willison's house construction plans. 3) A. Willison house plans (already developed) designed for Pebblestone Rd. access. Redesign of plans would generate significant additional expense while potentially sacrificing solar energy effeciency for driveway location. 4) File Dev 85-3 (Michael Senyk ) also proposes development of lands on Concession 4. Town Works Department has not opposed Pebblestone Road access for this proposal in Report PD-129-.85. I i -2- A. W; i 'O(d 11 son Proposal J, 1) Inasmuch as subject lands were originally two lots of dimensions displayed in attachment A, that rezoning be granted to return this lot to two (2) parcels. 2) In that Michael Senyk is not hampered from generating new access from Pebblestone Road that A. Willison also be allowed similar access. Also, in light of aforementi'onedJ notes re: P. Gearing yet unde- veloped roadway, that this proposal be accepted. (see attachment B for approx. detail s). 3) In that Town Council has a certain definite concern for traffic safety, that A. Willison donate a 18.25 x 6.25 M sight triangle at the north-west corner of subject lands to ease entry to Pebble- stone Road from P. Gearing subdivision. ( Also see attachment B) 4) That an additional 27' road allowance request from the Town of Newcastle be dropped and; 5) That all of the above four points of recommendations be referred to Town of Newcastle Staff for further review. i FV(d) THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- 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: i 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Rural Cluster (RC)" as shown on the attached Schedule "X" hereto. G. 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 1985 BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985. MAYOR CLERK This is Schedule "X" to By-law 85-_—, __-- passed this day of , 1985 A.D. i ROAD ALLOWANCE BETWEEN CONCESSION 3 AND 4 N.72009'40"E 85.649 O o 0 4 rn a' M I Z 3 3 O 4O °v (n a - U) 0 0 ° v W OD U o °-° Z z 77 N72°0940"E 86649 O U LOT 32 LOT 31 ® ZONE CHANGE TO RC" 1 0 10 20 40 50. Mayor 20.t5 10 5 0 Clerk LOT 32 LOT 31 LOT 30 SI W.Ltb :OnC 1 11 4�= 1 i R �P ( RE-4 SUBJECT; RE ' SITE A 1 A it 1 .II 1 z i 0 A•g U) w Z [4A @ I 0 50 100 20U 300+, COURTICE ' Cri4r�rniq�- SuRv�y DrsPl.9)!rn/G PLAN SHOWING LOCATION O F B * ' ON U PARfi OMr LpT JI..CONCESS/ON 3 . TowDrALewcASTLE..RECrom^ AwANcipAurr•of WAm p mmomi rwr oa.awmenw,morr or pum"! ROAD ALLOWANCE BETWEEN CONCESSION 3 AND 4 �...��– N 1 •0!'40« t ,• ray♦ - 1 O r A N I� h I46.10' O iq Mavtf „ M R J PART OF L O 31 CON 3 0 • I e N 72 e00.40 s, 111.0 SCALE so' DATE JUNE 7. 1979 DRAWN BY FOr p TRACED BY CHECKED BY H. FLIM. LTD. - -' �Jy ... J ONTARM LMD OWW"041 ONTAi110 IAND SURVEYOR OHIO—47 hinoe Sv. OSHAwKONTARIO Office: 725-Ml W-0. 8629 Residence: 6554142 } PRoPos�7j DR/v6wRyj Sit r/T 0 �N� lYoMt� of f�. l✓I Lt/S O'N, PLAN SHOWING LOCATION O F BUILDAG• oN. PA#w w LOT 'l,.CONCESSION 3 WWWOFNEWCASTLE..REGIONAL IWtINCIPAUTV Of DWMAM (mampt i rwt a•awwor+an,oowrr w Ivm") ROAO AUOWANCE BETWEEN CONCESSION 3 AND 4 1 �' N Oil rk . w o • � a ss.1o• � NgNf N %: It•71' w • P�oPoY�y1 o I+� j PART . OF C O 3/ CON 3 I ♦ I M �-+— N 7t Loa so ssao SCALE "= so' GATE JUNE 7. 1979 DRAWN BY KOp`� TRACED BY CHECKED BY H. FLIM. LTD. ��,� ONTARIO LO I MlMOR � �' ' ONTARIO LAND SURVEYOR OMw—47 Prince 2w. OSHA%K ONTARIO Office: I25-Ml WA 8629 Residence: 6554142 I