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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
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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.
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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
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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
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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.
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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:
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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
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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.
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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
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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
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