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Home My WebLink AboutPD-147-86 TOWN OF NEWCASTLE REPORT File Res. -- ----- - - By-Law # - (STING: General Purpose and Admi ni str•ation Committee DATE: Monday, June 2, 1986 REPORT #: PD-147-86 FILE #: DEV 86-25 &RECT: REZONING APPLICATION - JOSIP VIDAK PART LOT 23, CONCESSION 2, FORMER TWP. OF DARLINGTON OUR FILE: DEV 86-25 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-147-86 be received; and 2. THAT the application submitted by My-. Josip Vidak to rezone a parcel of land being Part of Lot 23, Concession 2, former- Township of Darlington to permit the development of one (1) additional residential lot be approved, and that the by-law * attached hereto be forwarded to Council for- approval . BACKGROUND AND COMMENT: On Apt-i1 16, 1986 the Planning Department r-eceived an application for- r-ezoning from Mr.. Vidak to permit through the recognition of a Node or- Cluster-, the development of one (1 ) additional r•esi denti al lot. Within the Region of Durham Official Plan, the subject pr•oper•ty 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 r•esi denti al uses shall generally be di scour•aged. However, limited non-farm r•esi denti al . . .2 i Ch> REPORT NO. : PD-147-86 Page 2 dwellings may be allowed in the form of infilling within the "General Agr•icultur•al " 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 is defined in Section 10.2.1.4 of the Durham Plan as situations where one or- more non-farm r•esi denti al dwellings ar-e 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-law. Staff would note for- the Committee' s information that pursuant to Council 's resolution of July 26, 1982 and the r•equir•ements of the Planning Act, the appropriate si gnage acknowledging the application was instal led on the subject lands. Staff would note that no objections to the proposal were received at the writing of this report with respect to the amendment requested. i In accordance with departmental pr-ocedur•es, the application was circulated to obtain comments from other- departments and agencies as noted within Staff Report PD-111-86. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed. i 1 . Town of Newcastle Building Department 2. Town of Newcastle Fire Department 3. Town of Newcastle Community Services Department 4. Peter•bor•ough-Victoria-Nor•thumber-land and Newcastle Roman Catholic Separate School Board 5. Central Lake Ontario Conservation Author-i ty 6. Ontar-i o Hydro The Durham Regional Health Unit, in responding, noted that the application for- rezoning has been investigated and insofar- as health matters were concerned, there were no objections to the approval of the r-ezoning application. However-, further- clarification was offered noting that the existing septic system ser-v i ci ng the dwelling unit may r•equi r-e r-elocation as determined through the Land Division Committee process and application. . . .3 REPORT NO.: PD-147-86 Page 3 5V N The Region of Durham Planning Department provided the following response: "In response to your- request for- comments, we note the subject pr•oper•ty 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 r•esi denti al uses shall generally be discouraged. However-, limited non-farm residential dwellings may be allowed in the form of i nfil 1 i ng within the "General Agr•icultur•al " 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 is defined in Section 10.2.4.1 of the Durham Plan as situations where one or- more non-farm residential dwellings ar-e 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. The proposed r•esi denti al use may be per-mitted if it can be demonstrated that the proposal meets the above provisions of the Durham Regional Official Plan." i In consideration of the above response and inasmuch as the designation is contained within the Durham Regional Official Plan, Staff requested the Region' s inter•pr•etation of this document and clear- indication as to the Official Plan designation for- the subject pr•oper•ty. Further• to the above, Staff has been advised that inasmuch as the determination of the Official Plan confor-mity would r•equi r•e detailed site specific investigations, Regional Staff would rely on Town of Newcastle' s analyses and Staff's consultation with Town Council to determine if the proposal meets the infilling cr•iter•ia as defined in the Durham Regional Official Plan. The Ministr of A r•icultur d - y g e an Food Foodland Pr•eser•vation Branch, in r-esponding, noted that in consider-ation of the goals and objectives of the Ministry and the cr•iter•ia and policies outlined in the Foodland Guidelines, Ministry Staff would have no objections to the proposal . The cr•i ter•i a for- a Node or- Cluster- development states that a r•ur•al Node or- Cluster- is defined as an area of rural non-farm related residential development containing a minimum of three (3) and a maximum of six (6) existing lots which exhibit similar- lot char•acter•istics. It is Staff's * opinion that the existing lot development (see attached plan) would satisfy this r•equi r•ement. . . .4 REPORT NO.: PD-147-86 Page 4 Staff would note that the Town of Newcastle Public Works Department, in reviewing the application, have no objections to the proposal in principle pr-ovided that the Owner- agrees to contribute towards the upgr-ading of Gravel Pit Road. Staff would note that such a consideration be submitted through Staff' s comments to the Land Division Committee at such time that the applicant submits an appr-opr•iate Land Division application. Staff would note, however-, that the above is pending Council ' s consider-ation of the rezoning application. Fur•ther•mor•e, Staff would note that the applicant has indicated that the rear- portions of the subject lands immediately abutting the pr•oper•ties to the south would be through Land Division applications severed and melded with the adjoining lands. In consideration of the application submitted and comments received pertaining to same, Staff would have no objections to the approval of the by-law amendment attached hereto. ;Respect ftted, Edwards, M.C.I .P. D i r-ector• of Planning LDT*TTE*jip *Attach. May 20, 1986 i cc: Mr-. Josip Vidak R.R. #6 BOWMANVILLE , Ontario L1C 3K7 i i i L 23 CON ESS ION 2 LANDS RETAINED BY APPLICANT L� L--j C)/gNDs LANDS TO BE SEVERED Q /s/O MFG 0 rrF No �gNOs Oq T/0� D D/ /s/0 r° MFG D 0 c°MM y `q ND z qpp�/Cq r/ON U LOT 24 LOT 23 LOT 22 NASH ROAD d x w o z 1 � I M • ( Z 4 y � O � I • 0 EXISTING DWELLINGS Ld • HiGywgY z Np 2 0 Formerly TOWNSHIP of DARLINGTON gw 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. CLERK L This is Schedule "X" to By-law 86--, Passed this day of , 1986 A.D. LOT 23 , CONCESSION 2 2673 N O Q _ 0 W J r Q a Z 7/71 ZONE CHANGE FROM "A" TO " RC 0 25 50 100m Mayor 25 15 50 Clark 26 25 24 23 22 21 20 19 18 17 EPj. M z LLj I K U U C NASN ROAD � 1 SUBJECT SITE N 1, A Z H�Gry � I SEE hp\ X-ELVA E 8 O i 2 tuA°�.f �.�RnvE V Former Township of DARLINGTON 0 �0 T