HomeMy WebLinkAboutPD-143-86 TOWN OF NEWCASTLE
REPORT
File
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--- ¢ -�,. By-Law #
hEFTTING: General Purpose and Administration Committee
DATE: Monday, June 2, 1986
REPORT #: PD-143-86 FILE #: DEV 86-22
SUBJECT: REZONING APPLICATION - ABRAHAM SOL
PART LOT ?1, CONCESSION 2, FORMER TWP. OF DARLINGTON
OUR FILE: DEV 86-22
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-143-86 be received; and
2. THAT the application submitted by Mr. Sol to rezone a parcel of land being Part of
Lot 21 , 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 March 13, 1986 Staff received, from the Land Division Committee, an application
(LD 147/86) submitted by Mr. Sol thereby requesting the severance for residential
purposes. In commenting to the Land Division Committee, Staff noted that within By-law
84-63, being the Town' s Comprehensive Zoning By-law, the subject lands were located within
the "Agricultural (A) " zone. Section 6.2 entitled "Regulations for Residential Uses"
states that farm-related residences and residential buildings and structures on lots which
are created by severance in accordance with the Durham Regional Official Plan shall comply
with the zone requirements set out in Section 9.2 (Residential Hamlet) . Furthermore, it
. . .2
REPORT NO.: PD-143-86 Page 2
it
was noted that a severance would have to be in compliance with the
appr•opr•iate provisions within the Durham Regional Official Plan; being
either- a farm-related severance or- in compliance with Section 10.2 entitled
"Rural Settlements". Staff did acknowledge that on the application form
submitted for- Committee' s consideration, the applicant had indicated that he
wished to create a non-farm related residential lot. In consideration of
same, Staff provided a recommendation of denial inasmuch as the severance
did not comply with the provisions of By-law 84-63, being the Town' s
Comprehensive Zoning By-law.
Accordingly on April 4, 1986, the Planning Department received an
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application for- r-ezoning from Mr-. Sol to per-mit, through the recognition of
a Node or- Cluster-, the development of an 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 residential uses shall generally be
discouraged. However-, limited non-farm residential 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
appr•opr•iate signage acknowledging the application was installed 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.
. . .3
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REPORT NO.: PD-143-86 Page 3
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-98-86. Staff would note the following departments/agencies, in
providing comments, offered no objections to the application as filed.
1 . Town of Newcastle Building Department
2. Town of Newcastle Public Works Department
3. Town of Newcastle Fire Department
4. Ontario Hydro
5. Peter•bor•ough-Victor•i a-Nor•thumber•l and and
Newcastle Roman Catholic Separate School B oard
6. Central Lake Ontar-io Conser-vation Authority
7. Ontar-io Hydro
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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 . Further- clarification
was offered, however-, noting this was not to be taken as a permit to install
a private sewage disposal system at the site involved. The requested permit
would be issued only after- a proper- inspection of the lands involved have
been made and said inspection carr-ied out upon r•ece i pt of a formal
application.
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 residential uses
shall generally be discouraged. However-, limited non-farm residential
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 desi r•ab le by the Council of the r-espective
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 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 r•esi denti al 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 residential use may be permitted if it can be
demonstrated that the proposal meets the above provisions of the
Durham Regional Official Plan."
. . .4
REPORT NO.: PD-143-86 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 inter•pr•etation of this document and clean indication as to the
Official Plan designation for- the subject pr•oper•ty. Fur-ther. to the above,
Staff was advised that inasmuch as the determination of the Official Plan
conformity would r•equir•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.
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The Ministry of Agriculture and Food - Foodland Pr-eser-vation Branch, in
r-esponding, noted that in consideration 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 r•ur•al 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•equir•ement.
Staff would note for- the Committee' s and applicant's information that the
proposed lot size as submitted has been increased in depth to comply with
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the minimum lot area r•equir•ements contained within the "(RC) Rural Cluster-"
zone.
In consideration of the above-noted comments and revision to the lot size as
proposed, Staff would have no objections to the approval of the by-law
* amendment attached hereto.
Respe u bmitted, cc: Mr-. Abraham Sol
R.R. #6
BOWMANVILLE, Ontario
L1C 3K7
Edwards�., M.C. I .P
Director- of Planning
LDT*TTE*jip
*Attach.
May 16, 1986
LOT 21
CONCESSION 2 0
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PROPOSED LOT EXISTING HOUSES
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LOT 22 LOT 21 LOT 20
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Formerly TOWNSHIP of DARLINGTON
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.
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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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