HomeMy WebLinkAboutPD-86-86 TOWN OF NEWCASTLE
REPORT
File
�
Res.
By-Law #
STING: General Purpose and Administration Committee
j DATE: Monday, April 7, 1986
REPORT #: PD-86-86 FILE #: DEV 86-7
SUBJECT: REZONING APPLICATION - SALVATORE RISORTO
PART LOT 35, CONCESSION 4, DARLINGTON
OUR FILE: DEV 86-7
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-86-86 be received; and
2. THAT the application submitted by Mr. Salvatore Risorto to rezone a parcel of land
being Part of Lot 35, Concession 4, former Township of Darlington to permit the
* development of three (3) residential lots be approved and that the by-law attached
hereto be forwarded to Council for approval at such time that the applicant has
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obtained the necessary Demolition Permit for the removal of the frame house, barn
and garage and removed said structures to the satisfaction of the Town of
Newcastle.
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BACKGROUND AND COMMENT:
On February 5, 1986 the Planning Department received an application for rezoning,
submitted by Mr. S. Risorto, to rezone a parcel of land located in Part of Lot 35,
* Concession 4, former Township of Darlington (see attached). The submission of the
rezoning application was to permit the development of three (3) additional residential
lots.
. . .2
REPORT NO. : PD-86-86 Page 2
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Within the Region of Durham Official Plan the subject property is located
within the "Major Open Space" designation. Staff would note in accordance
with the provisions of Section 10.2.1.2 of the Durham Regional Official
Plan the development of new non-farm residential uses shall generally be
discouraged. However, limited non-farm residential dwellings may be allowed
in the form of infilling within the "General Agricultural " areas and "Major
Open Space System" as designated on Map "A" 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 j
located between two buildings located on the same side of a public road and
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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-law.
Staff would note for the Committee's information that pursuant to Council 's
resolution of July 26, 1982 and the requirements of the Planning Act, the
appropriate signage acknowledging the application was installed on the
subject lands. Staff would note that no objection to the proposal was .
received at the writing of this report with respect to the amendment
requested.
In accordance with departmental procedures, the application was circulated
to obtain comments from other departments and agencies as noted within Staff
Report PD-47-86. Staff would note the following departments/agencies, in
providing comments, offered no objection to the application as filed.
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1. Town of Newcastle Building Department
2. Central Lake Ontario Conservation Authority
3. Town of Newcastle Fire Department
4. Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Board
5. Ontario Hydro
6. Town of Newcastle Community Services Department.
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. . .3
REPORT NO.: PD-86-86 Page 3
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The Durham Regional Health Unit, in responding, noted that the application
for rezoning had been investigated and, insofar as health matters were
concerned, there were no objections to its approval . Further clarification
was offered, however, noting that this was not to be taken as a permit to
install a private sewage disposal system at the site involved. The required
permit would be issued only after a proper inspection of the lands involved
had been made and said inspection carried out upon receipt of a formal
application.
The Town of Newcastle Works Department, in responding, noted that inasmuch
as the subject property fronts a Regional Road, they would have no objection
in principle to the request, however, would require that the applicant
provide to the satisfaction of the Department, a lot drainage and grading
plan.
The Ministry of Agriculture and Food - Foodland Preservation Branch, in
commenting, noted that they have reviewed the above application in
consideration of the goals and objectives of the Ministry and the criteria
and policies outlined in the Foodland Guidelines, had no objections to the
proposal .
The Region of Durham Planning Department provided the following response:
"In response to your request for comments, we note that the subject
property is designated "Major Open Space" in the Durham Regional
Official Plan. In accordance with the provisions of Section 10.2.1.2
of the Durham Plan the development of new non-farm residential uses
shall generally be discouraged. However, limited non-farm residential
dwellings may be allowed in the form of infilling within the "General
Agricultural " areas and the "Major Open Space System" as designated on
Map "A" if it is deemed desirable by the Council of the respective area
municipality and is recognized in the Zoning By-law. Infilling as
defined in Section 10.2.1.4 of the Durham Plan is defined 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 Node or Cluster being identified in the respective
Zoning By-laws. The proposed residential uses may be permitted if it
can be demonstrated that the proposal meets the above provision of the
Durham Regional Official Plan. "
. . .4
REPORT NO. : PD-86-86 Page 4
In consideration of the above response and inasmuch as the designation is
contained within the Durham Regional Official Plan, Staff requested the
Region's interpretation of this document and clear indication from Staff as
to the Official Plan designation for the subject property. Further to the
above, Staff was advised that inasmuch as the determination of the Official
Plan conformity would require detailed sites specific investigations,
Regional Staff would rely on the Town of Newcastle's analysis and Staff's
consultation with Town Council to determine if the proposal meets the
infilling criteria as defined within the Durham Regional Official Plan.
Inasmuch as the proposal fronts a Regional Road, Staff would note for
Committee's information the provisions of Section 13.2.7, 13.2.9 and
13.2.15 as follows:
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"13.2.7 . . .Arterial roads shall be designated primarily as limited
access roads to facilitate traffic movement between major landuse
activities and the Region."
"13.2.9 . . .A Type "B" Arterial road shall have a right-of-way width
ranging from 86 ' to 120 ' . . . "
"13.2.15. . .The maximum number of private accesses to Type "B" Arterial
roads shall generally be as follows and regard shall be had to the
provisions of Section 13.3.3;
a) six access points per side per mile in rural areas. . . ."
As noted above, Section 13.3.3 states that the provisions of the above-noted
subsections shall generally apply to arterial roads shown on Map "B".
However, if the intent of this Plan is adhered to and following adequate
study of the effect of such provisions are impractical and can not be
implemented precisely, the Authority having jurisdiction on such road may
alter these provisions without amendment to this Plan. Staff would note, in
this particular instance, the Authority having jurisdiction on such roads
would be implemented at the Regional level . Inasmuch as the above-noted
provisions were not addressed by Regional Staff, it is anticipated that any
concerns, in respect of widenings and entrances would be addressed when Land
Division Committee applications are filed by the applicant. Staff would
note, however, that the above is pending Council 's consideration of the
rezoning application as submitted.
. . .5
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REPORT NO. : PD-86-86 Page 5
The Town of Newcastle Building Department, in commenting, noted that Mr.
Risorto submitted a building permit application to construct a two-storey
brick and stone residence at the southern end of his property. In
consideration of his intentions, Mr. Risorto entered into an agreement with
the Town acknowledging that the existing older residence directly north of
the proposed new home would be demolished and removed from site when
occupancy of the newer home was available. A six (6 ) month extension to the
orginal agreement was received requiring that the structure be removed in
June of 1984. To date, the frame house, barn and garage has not been
removed. Accordingly and as noted within said report, Staff would request
that Committee' s endorsement of the application submitted reflect that,
* prior to Council 's approval of the attached by-law, the appropriate
demolition permits have been obtained and the structures removed from the
subject lands.
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Staff would note for the Committee's information that the attached by-law
would permit the development of a total of three (3) lots in compliance with
the applicable frontage provisions within the "RC-Rural Cluster" zone (30
metre frontage) . Mr. Risorto' s application as submitted requested
consideration to permit the development of a total of four (4) lots having
frontages of 27 metres (90 feet) . Staff would note that, in consideration
of the status of Townline Road being an Arterial Type "B" Road, Staff can
not justify and support the creation of lots which are not in compliance
with the provisions of the "Rural Cluster" zoning.
Respectfully §ubmitted,
T.T. Edwards, M.C.I.P.
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Director of Planning
LDT*TTE*jip
*Attach.
March 26, 1986
cc: Mr. Salvatore Risorto
R.R. #5
OSHAWA, Ontario
L1H 7K5
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
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:
1. Schedule "1" 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.
2. 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 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
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This, is Schedule "X" to By-law 86-
passed this day of , 1986 A.D.
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