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HomeMy WebLinkAboutPD-129-85 i vcg) h, File ------___:—TO..�'3'✓r`�-per:"......... CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 16, 1985 REPORT NO. : PD-129-85 SUBJECT: REZONING APPLICATIONS - NODE/CLUSTER `�. 3 5 3 i ) FILE : DEV 85-3 (MICHAEL SENYK) PT.LT. 35, CONC. 4, FORMER TWP. OF DARLINGTON i i ) FILE: DEV 85-9 (JEAN MARC BEAULIEU) 60 ' a6- aye PT.LT. 15, CONC. 3, FORMER TWP. OF DARLINGTON iii ) FILE: DEV 85-15 (ALAN WILLISON) G0 , 3S• a50 PT.LT. 31, CONC. 3, FORMER TWP. OF DARLINGTON RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-129-85 be received ; and 2. Firstly, that application for rezoning of Part Lot 35, Concession 4, of the former Township of Darlington, submitted by Mr. M. Senyk to permit the development of two (2) additional residential lots be approved and * that the attached by-law to amend By-law 84-63, as amended, be forwarded to Council ; and . ..2 I I I REPORT NO. : PD-129-85 Page 2 3. Secondly, that application for rezoning, File: DEV 85-9, in respect of Part of Lot 15, Concession 3, former Township of Darlington, submitted by Mr. Jean Marc Beaulieu to permit the development of an additional residential lot be approved and that the * attached by-law to amend By-law 84-63, as amended, be forwarded to Council ; and 4. Thirdly, 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 that the attached by-law to amend By-law 84-63, as amended, be forwarded to Council . BACKGROUND: As Committee may recall , File DEV 85-3, submitted by Mr. M. Senyk was tabled by Council on May 27 , 1985 (PD-82-85) pending the receipt of the Ontario Municipal Board decision in respect of By-law 84-156 - Mills: Node/Cluster. Prior to the receipt of this decision, two (2) additional applications requesting approval to permit the development of additional residential lots were received by Staff (Files : DEV 85-9 and DEV 85-15). Inasmuch as each application bears a similarity in respect of the purpose of the zoning amendment requested, Staff have incorporated each within this report, addressing the comments received individually and commenting collectively. Staff would note for the Committee's information , signs as required i pursuant to Council 's resolution of July 26, 1982 and the requirements of the Planning Act, were properly sited on the subject lands of each application. . . .3 REPORT NO. : PD-129-85 Page 3 A) DEV 85-3 (MICHAEL SENYK) On February 13, 1985, the Planning Department received an application to rezone a parcel of land located in Part of Lot 35, Concession 4, former Township of Darlington. Within Staff Report PD-82-85, the rezoning application was noted as having been circulated to various agencies and Town departments for their comments. The following departments, in reviewing the proposal provided no objections to the application. 1) Town of Newcastle Fire Department 2) Ontario Hydro 3) Region of Durham Health Unit 4) Town of Newcastle Public Works Department 5) Ministry of Agriculture and Food 6) Town of Newcastle Building Department i Staff note for the Committee's information that the Ministry of Agriculture and Food, in responding, indicated that: i ) "the proposal was located over 300 metres from the nearest livestock facility" ; ii ) "was of Class 5 soil category within the Canada Land Inventory System" ; and iii ) "would have little or no impact on agricultural useage". Staff additionally noted that the Town Works Department, in offering no objection , indicated that as Concession Road No. 4 was an Arterial Road Type 'A' , (Section 13.2.8 in the Regional Plan . . . right of way width ranging from 120 feet to 150 feet.. .) in the Region of Durham Official Plan, an 8.23 metre (27 foot) road widening was to be dedicated to the Town of Newcastle for the frontage of the subject lands. Secondly, a lot grading plan was to be prepared and provided for Staff's approval in conjunction with an application for access permits. Staff note that the above concerns , having been expressed in similar applications, have been . . .4 i REPORT NO. : PD-129-85 Page 4 requested pursuant to a Land Division Committee applications and would be best addressed through the Town' s comments to this Committee. B) DEY 85-9 (JEAN MARC BEAUL.IEU) On April 16, 1985, the Planning Department received an application submitted by Mr. Jean Marc Beaulieu to rezone a parcel of land located in Part of Lot 15, Concession 3, former Township of Darlington. The rezoning application, as noted within Staff Report PD-69-85 was circulated to various agencies and Town departments for their comments. The following departments, in reviewing the proposal , provided no objections: 1) Ontario Hydro 2) Town of Newcastle Community Services Department 3) Town of Newcastle Building Department 4) Town of Newcastle Fire Department 5) Central Lake Ontario Conservation Authority 6) Roman Catholic Separate School Board 7) Region of Durham Health Unit 8) Ministry of Agriculture and Food 9) Town of Newcastle Works Department The Town Works Department, in reviewing the application, offered no objection to the proposal , however, noted that the applicant was to contribute to the reconstruction of Old Scugog Road to the satisfaction of the Director of Public Works. Similarly, Staff note that previous applications have addressed this concern and have been dealt with through the Land Division procedure. . . .5 i i REPORT NO. : PO-129-85 Page 5 C) DEV 85-15 (ALAN WILLISON) On May 31, 1985, the Planning Department received an application submitted by Mr. Alan Willi son to rezone a parcel of land located in Part of Lot 31, Concession 3, former Township of Darlington. The rezoning application as noted in Staff Report PD-94-85 was circulated to various agencies and Town departments for their comments. The following departments, in reviewing the proposal , provided no objections: 1) Ontario Hydro 2) Town of Newcastle Community Services Department 3) Town of Newcastle Building Department 4) Town of Newcastle Fire Department 5) Central Lake Ontario Conservation Authority 6) Roman Catholic Separate School Board 7) Region of Durham Health Unit 8) Ministry of Agriculture and Food 9) Town of Newcastle Works Department The Town Works Department in responding, provided similar comments to that offered for File: DEV 85-3 (Senyk) ; . . .."inasmuch as Concession Road No. 4 is an Arterial Type 'A' road in the Durham Regional Official Plan, an 8.23 metre (27 foot) road widening and a 0.3 metre reserve is to be dedicated to the Town for the frontage of the subject lands along with a sight triangle at the north-west corner of the lands measuring 18.25 x 6.25m. Secondly, access from the proposed lots are to be gained from the proposed cul -de-sac to the west (within Plan of Subdivision 18T-84048 - Gearing). " STAFF COMMENTS: The Durham Regional Planning Department, in responding to Staff's requests for comments on each application provided similar responses to all three (3) as follows: � I . . .6 I r 1 � �g ) REPORT NO. : PD-129-85 Page 6 "Further to your request for comments, we note that the subject site is designated "Major Open Space" in the Durham Regional Official Plan. New non-farm residential uses are generally discouraged. However, Section 10.2.1.2 of Durham Plan stipulates that a limited number of dwellings may be allowed in the form of infilling within the Major Open Space designation if it is deemed desirable by the Council of the respective area municipality and is recognized in the zoning by-law. Infilling is defined in Section 10.2.1.4 of the Durham Plan as: ". . .situations where one or more non-farm residential dwellings are to be located between two buildings located on the same side of a public road and within a distinct node or cluster of non-farm residential dwellings in such a manner as not to contribute to strip or ribbon development and subject to such a node or cluster being identified in the respective zoning by-laws." From our review of the assessment maps and aerial photographs of the area as well as proposed estate residential uses in the vicinity, it would appear that the subject property is not located within a distinct node or cluster of non-farm residential dwellings and therefore, the proposal would not conform to the Durham Regional Official Plan. We suggest that the applicant be advised to contact this Department regarding an application to amend the Durham Regional Official Plan in order to' permit the subject proposal ." Staff advised Committee in Report PD-82-85 (M. Senyk; DEV 85-3) of the Region 's comments and provided a recommendation for consideration that the application be tabled until such time that the Ontario Municipal Board decision re: the "Mills property - Part Lot 22, Concession 3, Darlington" was received. Staff noted that this appeal was in reference to the establishment of a node/cluster and may have some bearing on Mr. Senyk 's application. Subsequent thereto, applications DEV 85-9 and DEV 85-15 were filed with the Town for similar purposes. The written decision of the Ontario Municipal Board and Order of the Board were received on July 23, 1985 and August 12, 1985 respectively. Prior to receipt .. .7 II REPORT NO. : PD-129-85 Page 7 of this decision, Staff , at Council ' s direction, prepared a Town Policy Statement for the identifying of Rural Nodes and Clusters. This policy was endorsed by Council on November 13, 1984 and amended on January 28, 1985. The Regional Planning Department provided a response to the Policy Statement and amendment noting that Regional Staff had no difficulty with the revised criteria (as endlorsed by Council on January 28, 1985) for identifying rural nodes and clusters. As Committee is aware, the Board's decision pertaining to the Hearing for the Comprehensive Zoning By-law 84-63, of which Mr. Mills' appeal was a portion thereof, was received by Staff on July 23, 1985. The Board member noted within his decision that the Mills' property and lands immediately to the east were zoned "RC-Rural Cluster" in By-law 84-63, but to satisfy the concerns of the Region, By-law 84-156 was passed by Council which rezoned the land to "Agricultural". In reviewing the evidence submitted for the Board' s consideration, it was found that the Board preferred and accepted the evidence of Town Staff; that the NO zoning conformed with the Official Plan and that the appeal be allowed and By-law 84-156 repealed. It has been Staff' s position that the principles of development of a node/cluster, as identified within the Town's Criteria/Policy statement as confirmed by Regional Staff to be in conformity with the Regional Official Plan Policies, are applicable in each of the rezoning applications. Furthermore, they are representative of the planning rationale for which the Mills' property and lands to the east were originally zoned NO in By-law 84-63. In addition to the above, Staff note that within the Regional Official Plan, Section 1U.2.1.2 states that if it is deemed desirable by the Council of the respective area municipality and is recognized in the zoning by-law, a limited number of dwellings may be allowed in the form of infilling. . ..8 i I REPORT NO. : PD-129-85 Page 8 In consideration of the Node/Cluster criteria, Staff would note that all three (3) files would conform with the intention of the guidelines created. File DEV 85-3 (Senyk) is bounded to the west and south by public road allowances, and to the east by existing development and an unopened road allowance. File: DEV 85-9 (M. Beaulieu) while bounded on all sides by public road allowances, is situated immediately adjacent to an estate residential development. File: DEV 85-15 (A. Willison) is located on the south side of Nash Road opposite two (2) existing residential dwellings and is immediately adjacent to a proposed cul -de-sac within Plan of Subdivision 18T-84048 to the west, while bounded to the east by an existing dwelling unit. Staff would note in this particular instance a 0.3 metre reserve was placed along the easterly limits of the cul -de-sac, being the westerly limits of Mr. Willison 's property. It was Staff's intention that any development of Mr. Willison 's lands would require access to be obtained directly from the cul-de-sac. Inasmuch as the Regional Plan contains policies governing/limiting access to Arterial Type 'A' roads, this alternative access seemed appropriate in the reviewing of the Plan of Subdivision (18T-84048) as recommended to Regional Staff, prior to the Region granting approval of subdivision. In addition to the above, Staff would note that in each instance, the Ministry of Agriculture and Food provided no objections to the rezoning applications. In consideration of the above-noted comments, Staff would have no objections to the approval of the three (3) rezoning applications as noted within Staff's recommendations. , Respectfall "u.bmitted, 41 . Edwards, M.C.I.P. Director of Planning LDT*TTE*jip *Attach. August 29, 1985 i 1u C9 REPORT NO. : PD-129-85 Page 9 cc: Mr. M. Senyk R.R. #5 Townline Road North OSHAWA, Ontario L1 H 7K5 cc: Mr. Alan Willison 2 Meadow Street OSHAWA, Ontario L1 H 7K5 cc: Mr. Jean Marc Beaulieu R.R. #1 BOWMANVILLE, Ontario L1C 3K2 cc: Pollitt, Walters , Halikowski Barristers & Solicitors P.O. Box 832 70 Bond Street West OSHAWA, Ontario L1G IA5 i i � JI LO 00 LLJ .L L �_ if IJ W � V �.��ISI /141j�11Y ✓:'y.S :Ga'K�: •V• :.A:.:::......:::::..::.::::..::::::: �! :i: s x •T• F= V j I o5'LIEI n_n 1� I1tt 3ar;.; I:Oi�w<<tp• �BUHM � N.139 l'HY^K'llt Gi:` P a r I L o t 15 C o n c e s s I o n o T o w n of N e w c a s t l e 10 REGIONAL MUNICIPALITY OF DURHAM 9/ tI,00,4100 p L V 4 A 0 - 0 -Lot4 L 0 G Tn 0 .......... ......... .......... ... ... ----; *.: *......... -K.'R i" ... arri Q . .... ...... .. ..... ............... ................ ............. U. 57 R 0 A 0 F /G 1 0 N 'A L H A W ------ -------------- /Subject Property co w LO <R U U r co a . z F Adel i ... V \ I