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
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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
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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
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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.
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