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Home My WebLink AboutPD-63-86 TOWN OF NEWCASTLE REPORT File #_k_1 Res. # e3-<l -- -----_ _- By-Law # MEETING. General Purpose and Administration Committee LATE: Monday, March 17, 1986 REPORT #: PD-63-86 FILE #: DEV 85-45 SUBJECT: APPLICATION FOR REZONING - E. VESELINOVIC PART LOT 31, CONCESSION 4, CLARKE OUR FILE: DEV 85-45 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I . THAT Report PD-63-86 be received; and 2 . THAT Application for Rezoning, File: DEV 85-45 submitted by Mrs . E. Veselinovic be approved; and * 3 . THAT the by-law attached to this Report be forwarded to Council for approval; and 4. THAT a copy of this Report and Council's decision be forwarded to the applicant and the Region of Durham Health Unit. BACKGROUND: On December 10, 1985 the Town of Newcastle received an application submitted by Mrs . E. Veselinovic to rezone a parcel of land in Part Lot 31, Concession 4, former Township of Clarke to permit the severance of an 1839 square metre residential building lot from a 4.8 hectare property. . . .2 -gv REPORT NO. : PD-63-86 Page 2 This rezoning application was preceeded by a severance application which was considered by the Region of Durham Land Division Committee on November 18, 1985. In the Town's comments on the application, Staff noted that the subject lands are located adjacent to a number of non-farm related residential lots and that the application would appear to be of an infilling nature. Staff indicated no objection to the principle of the severance application, subject to a number of conditions including a rezoning of the severed lands to an appropriate zone to permit the severance. Regional Planning Staff indicated that the subject lands appear to be within the "Permanent Agriculture Reserve" and therefore recommended denial of the severance application inasmuch as the creation of new non-farm related residential lots within this landuse designation is not permitted by the Regional Official Plan. The Durham Regional health Unit indicated that approval of the severance be granted if the application was amended to add an additional 30 feet at the north end of the severed portion. The Land Division Committee tabled the application for a period of one (1) year to enable the applicants to apply for an Official Plan Amendment and a Zoning By-law Amendment. i i In accordance with departmental procedure, the subject rezoning application was circulated to various departments and agencies for comment. The following is a summary of the major comments received: Town of Newcastle Public Works Department "We have no objection to this proposal provided that the Owner contributes to the upgrading of Concession Road 4." i Region of Durham Planning Department - January 6, 1986 I "We note that the subject property is located in an area generally designated as "Major Open Space" and "Permanent Agriculture Reserve" in the Durham Regional Official Plan. If, upon detailed examination, it is i . . .3 i REPORT NO. : PD-63-86 Page 3 Region of Durham Planning Department - January 6, 1986 (Cont'd) determined that the subject property lies within the "Major Open Space" system, limited non-farm residential uses may be allowed in the form of infilling if it is deemed desirable by your Council and is recognized in the Zoning By-law. If, on the other hand, the subject property is determined to be within the "Permanent Agriculture Reserve" designation, additional non- farm residential uses in the form of infilling will not be permitted." Region of Durham Planning Department - January 22, 1986 "We have reviewed the assessment maps, aerial photography, and topographic map of the area and it is our interpretation that the subject property is located within the "Major Open Space" designation in the Durham Regional Official Plan. Accordingly, limited non-farm residential uses may be permitted in accordance with Section 10.2 of the Durham Regional Official Plan. Region of Durham Health Unit i "Approval of this application is not recommended inasmuch as the severed lot is not large enough to support on-site sewage disposal." i Ministry of Agriculture and Food "Consideration has been given to the proposal in terms of the goals and objectives of the Ministry of Agriculture and Food and of the criteria and policies outlined in the Foodland Guidelines . Based on our present knowledge, the Ministry has no objections to the proposal." COMMENT: As indicated in the Town's comments on the Land Division application, Staff have no objections to the principle of the creation of one (1) additional residential building lot inasmuch as the new lot would be located adjacent to a number of existing non-farm residential lots and would appear to be of an infilling nature. A review of nearby land uses by Staff indicates that the proposed lot would maintain the minimum 300m separation from farm buildings housing livestock as specified by Section 19.3 of By-law 84-63 . . . .4 I� 5r o/ REPORT NO. : PD-63-86 Page 4 However, Staff note that the area of the proposed new lot , 1839 square metres, is smaller than the 3000 square metre minimum area requirement for new lots in the "Rural Cluster (RC)" zone in By-law 84-63. As well the Region of Durham Health Unit has indicated that the lot, as currently proposed, is too small to support on-site sewage disposal and has requested the Land Division Committee to amend the application by adding an additional 9 metres to the rear of the lot. This would increase the area of the lot to approximately 2300 square metres . Most of the other non-farm residential lots in the immediate area have areas of only 1393.5 square metres, which is less than half of the minimum area requirement of the "RC" zone . i Staff have reviewed the application and have found that it is possible to i increase the area of the proposed lot to approximately 2800 square metres by adding an additional 20.7 metres to the rear of the lot . Staff have contacted the applicant with respect to this revision and she has indicated her willingness to amend the Land Division application to increase the area of the lot as requested by the Health Unit. i * Accordingly, Staff prepared a draft by-law (attached hereto) to rezone the subject land to an appropriate Special Exception under the "Rural Cluster (RC)" zone to permit the creation of one additional residential building lot. At such time as the by-law is approved by Council, Staff will forward amended comments to the Region of Durham Land Division Committee on the related Land Division application. These amended comments will indicate no objection to the approval of the severance application conditional upon the amending of the application to increase the lot size, payment of lot development charge to the Town, and a financial contribution to the Town towards the upgrading of Concession Road 4 as requested by the Public Works Department . . . .5 REPORT NO. : PD-63-86 Page 5 It is therefore recommended that Application for Rezoning DEV 85-45, * submitted by Mrs. E. Veselinovic, be approved and that the by-law attached to this report be forwarded to Council for approval. It is also recommended that a copy of Council's decision be forwarded to the applicant and the Region of Durham Health Unit . spect fitted, . wards , M.C.I.P. Director of Planning JAS*TTE*jip *Attach. March 3, 1986 cc: Mrs. E. Veselinovic R.R. #1 ORONO, Ontario LOB 1MO cc: Mr. John McKay McKay, Mack, Kisbee Barristers & Solicitors 146 Simcoe Street North OSHAWA, Ontario L1G 4S7 cc: Mr. Walter Powell Region of Durham Health Unit 11 Lambert Street South BOWMANVILLE, Ontario L1C 2L1 i oo) THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, as amended, 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. Section 7.3 is hereby amended by adding thereto the following new Subsection 7.3.6 as follows: "RURAL CLUSTER EXCEPTION (RC-6) ZONE Notwithstanding Section 7.2, those lands zoned RC-6 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) 2800 square metres b. Lot Frontage (minimum) 40 metres" 2. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "A-Agricultural Special Exception 1" to "RC-Rural Cluster Exception (RC-6) Zone" as indicated on the attached Schedule "X" hereto. 3. Schedule "X" attached hereto shall form part of this by-law. 4. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. I BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR CLERK ff(C/) This is Schedule "X" to By-law 86 - passed this—. day , of , 1986 A.D. LOT 31 , CONCESSION 4 N72010'30°E 50.719 a 3 (0o N M CO z 10.485 N72010'30"E I r In _ V' 1 3 a 3 M C) in M /—S.W.Angle L.31,C.4 0 r v 0 z 154-076 ti z N72010'30"E 40.234 Road Allowance Between Concessions 3 and 4 ZONE CHANGE FROM 11A- 111 TO 11 RC-61' 0 5 10 20 30m � Mayor 5m I Clark 35/134 33 132k.31 30 29 26_..27 A''I ORONO ° Z I � I ° IV I I o I A I N I I W I I A.] w SUBJECT SITE U i P x O ' g �, �I � �A�1 IA•1 . ,' CON HROAD M/� Z A1 A-], Z O U Former Township of CLARKE �00 m 500. p0