HomeMy WebLinkAboutPD-127-86 TOWN OF NEWCASTLE
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MEETING: General Purpose and Administration Committee
DATE: Tuesday, May 20, 1986
REPORT #: PD-127-86 FILE #: DEV 86-19
SUBJECT: REZONING APPLICATION - KATHERINE & WILLIAM ROWLAND
PART LOT 31, CONCESSION 7, FORMER TWP. OF CLARKE
OUR FILE: DEV 86-19
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-127-86 be received; and
2. THAT application for rezoning DEV 86-19 submitted by Katherine and William Rowland
be denied without prejudice; and
3. THAT a copy of Council 's decision be forwarded to the applicant.
BACKGROUND:
On March 2.6, 1986, an application was submitted by Katherine and William Rowland to rezone
a 3.8 hectare (9.43 acre) parcel of land located in Part Lot 31, Concession 7, former
* Township of Clarke (see attached key map) to permit the creation of four (4) residential
building lots . The subject property is designated "Major Open Space - Oak Ridges Moraine"
by the Durham Regional Official Plan and are zoned "A-1 Agricultural " by By-law 84-63, as
amended. By-law 86-41, which made a number of general amendments to By-law 84-63 and
which was approved by Council on March 24, 1986, rezoned a large area, including the
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REPORT NO.: PD-127-86 Page 2
subject lands, to the south and east of the Hamlet of I_eskard from "A-1" to
"A". However, the Region of Durham has submitted an objection to By-law
86-41 in respect of the proposed zoning of an unrelated property. The
subject lands are currently occupied by one (1 ) single family dwelling
occupied by the applicants.
In accordance with departmental procedure, the subject application was
circulated to various agencies and departments for comment. The following
is a summary of the major comments received:
Town of Newcastle Public Works Department
"We have reviewed the above-mentioned application for rezoning and find we
have no objection in principle to this proposal provided that:
1. The applicant contributes to the upgrading of Leskard Road; and
2. The appicant satisfies the Public Works Department with respect to
drainage, accesses and road widening."
Town of Newcastle Fire Department
"The Fire Department has no objection to the subject application.
Consideration should be given to the Town' s policy with respect to rural
fire protection standards. Responses from Station #3 located in Orono and
water supply is by Fire Department tanker truck. "
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Ganaraska Region Conservation Authority
"No objection."
Region of Durham Planning Department
"We note that _
a the subject site is designated Mayor Open Space Oak Ridges
Moraine" in the Durham Regional Official Plan. New non-farm residential
uses are generally discouraged within this designation. However, Section
10.2.1.2 of the Durham Plan stipulates that a limited number of dwellings
may be allowed in the form of infilling within the "Major Open Space" 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. "
. . .3
REPORT NO.: PD-12.7-86 Page 3
Region of Durham Planning Department (Cont'd)
From our cursory review of information in our office related to this area,
it appears that the existing non-farm residential uses do not constitute a
distinct Node or Cluster as envisaged in the Durham Regional Official Plan ."
Durham Regional Health Unit
"No objection. "
Ministry of Agriculture and Food
"No objection. "
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COMMENT: j
Regional Planning Staff have indicated that in their opinion, the subject
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rezoning application does not constitute a distinct Node or Cluster as
envisaged by the Durham Regional Official Plan.
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The Town's Criteria for identifying rural Nodes and Clusters stipulates
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that, in order to be identified as a rural Cluster, an area must be bounded
on at least three (3) sides by natural or physical boundaries such as
watercourses or public streets. Staff note that the subject lands are
bounded on the east by Leskard Road and on the north and west by a forced
road known as the Old Mill Road. This road is not open and maintained by
the Town, and Staff have been unable to determine whether or not it is owned
by the Town. However, information provided by the Ministry of Revenue
assessment records indicates that the road is not owned by the adjacent
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property owners.
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The Town' s Criteria further requires that rural Clusters not be designated
adjacent to active, agricultural operations and must comply with the
Agricultural Code of Practice. A site inspection by Staff indicated no
agricultural operations in the immediate area. As well , the Ministry of
Agriculture and Food indicated no objection to the subject application.
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. . .4
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REPORT NO. : PD-127-86 Page 4
The Town's Criteria defines a Node or Cluster as an area of rural non-farm
related residential dwellings which exhibit similar lot characteristics and
which contain a minimum of three (3) and a maximum of six (6) existing
residential lots for which building permits would be available. The lot
directly to the north of the subject lands is occupied by a single family
dwelling. This lot has an area of 1.35 hectares and a frontage of 117
metres along Leskard Road. The lot immediately to the south is currently
vacant, although the zoning would permit the issuance of a building permit
for one (1) single family dwelling. This lot has an area of 2. 17 hectares
and a frontage along Leskard Road of approximately 365 metres. The lots
adjacent to the lands subject of the rezoning application do not possess
similar frontage and area characteristics. As well , the new lots as
proposed by the applicant also would not have frontages and areas similar to
the adjacent lots. The subject lands therefore are not part of a distinct
Cluster of non-farm related lots exhibiting similar characteristics. Staff j
are of the opinion that the creation of new residential lots on the subject
lands would only contribute to further strip development along Leskard Road.
In consideration of Regional Planning Staff's comments with respect to
Official Plan conformity and the Town's Criteria for identifying rural Nodes
and Clusters, it is respectfully recommended that rezoning application DEV
86-19 submitted by Katherine and William Rowland be denied without
prejudice. It is further recommended that a copy of Council 's decision be
forwarded to the applicant.
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Respectf tted,
T.T. Edwards, M.C. I.P.
Director of Planning
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JAS*TTE*j ip
*Attach.
May 2, 1.986
cc: Mr. & Mrs. Wm. Rowland
R.R. #2
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