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Home My WebLink AboutPD-126-86 TOWN OF NEWCASTLE REPORT File Res. By-Law # MITING: General Purpose and Administration Committee DATE: Tuesday, May 20, 1986 REPORT #: PD-126-86 FILE #: DEV Rf-?2_ aRECT: REZONING APPLICATION - GEORGE ELLIOTT PART LOT 4, CONCESSION 2, FORMER TWP. OF CLARKE OUR FILE: DEV 86-20 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PO-126-86 be received; and 2 . THAT application for rezoning DEV 8640 submitted by Mr. George Elliott be aPproved; and 3 . THAT the by-law attached to this report be forwarded to Council for approval . BAC KGRO UMD : On March 2E3, 1986, an application was submitted by Mr. George Elliott to rezone a 4. , hec-tare 1 -1 .85 acre) parcel of land located in Part Lot 4, Concession 2, former Town of Clarke .to a "RC-Rural Cluster" zoning to permit the development of three (3) addi res -f denti al building lots. The subject property is designated Major Open Space" wi nd Cat i a n of "Hazard Lands" by the Durham Regional Official Plan; the site is zoned . A— gri cLA 1 -tura1" by By-law 84-63, as amended. REPORT NO.: PD-126-86 Page 2 Mr. Elliott has submitted applications (Files: LD 240 - 2.42/86) to the Region of Durham Land Division Committee to sever three (3) additional residential building lots from the subject lands. These applications were scheduled to be considered by the Land Division Committee on May 12, 1986. In comments to the Committee on the applications, Town Staff indicated that the proposed lots would conform with the minimum lot frontage and area requirements of the "Rural Cluster" zone. Town Staff indicated no objection to the approval of the proposed severances, conditional upon the by-law amending By-law 84-63 to rezone the subject lands to "Rural Cluster" becoming final and binding, and the payment of the appropriate lot development charges. A Building Permit (205/36) for a single family residence was issued for the subject lands on April 1, 1986; this home is being built on the most westerly portion of the subject lands. In accordance with departmental policy, the subject 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 reviewed the above-mentioned rezoning application and find we have no objection to this proposal provided that application is made according to Town Policy for Road Closure and Conveyance, to close the road allowance between Concession 1 and 2 in Lot 4 of the former Township of Clarke and the Town agrees to execute the closure and conveyance." Town of Newcastle Fire Department "The Fire Department has no objection to the subject application. Consideration should be given to Planning Department report 40-R4. Responses from Station #2 located in Newcastle Village and water supply to this area is by Fire Department tanker truck". Ganaraska Region Conservation Authority "No objection". . . .3 REPORT NO.: PD-12.6-86 Page 3 Region of Durham Planning Department "We note that the information provided by your department on April 2, 1.986, in conjunction with the rezoning application, indicated that the present use of the subject property is vacant. We now understand that a building is being constructed on the site and trust that your evaluation will take this into account." Ministry of Agriculture and Food "No objection." Ministry of Transportation & Communications "No objection with the proposed rezoning, but we have concerns with the direct access of four (4) residential lots onto Highway No. 2. Such access point would contribute to the deterioration of the route as a Regional /Local traffic carrier and ultimately result in a reduction in speed and a lower level of service. On this basis, we would suggest that consideration be given to permitting a maximum of only two (2) entrances onto Highway No. 2. Lot 4 could access to the side road; Lot I could have its own entrance, and Lots 3 and 4 could have a mutual access. An alternative to this solution would be two (2) mutual access points located between Lots 1. and 2, and Lots 3 and 4. i Building setback distances of 85 feet (25.9 metres) from the centre line of Highway No. 2 will be required for all residential buildings. Building and landuse permits from this Ministry will also be required." COMMENT: Staff note that no objections to the principle of rezoning were identified through the circulation of the subject application. The subject lands are bounded on the east by a residential dwelling unit, on the west by an opened public road, and to the south by an unopened road allowance. As well , the proposed lots are not located adjacent to active, agricultural operations . The proposed rezoning would appear to comply with the provisions of the Durham Regional Official Plan and the Town' s criteria for identifying rural Nodes and Clusters. . . .4 REPORT NO.: PD-126-86 Page 4 With respect to the closure and conveyance of the road allowance between Concessions 1 and 2 to the rear of the subject lands, the Public Works Department has indicated that the road allowance is currently not maintained by the Town and is surplus to the Town' s requirements. The subject rezoning application does not affect the status of this road and therefore, its closure and conveyance is not a matter that should be tied to the rezoning application. However, the Public Works Department has indicated that they would consider any application for closure and conveyance should the applicant wish to submit same. The Fire Department has requested that consideration be given to the Town's policy for rural fire protection. However, Staff note that the Town 's current policy as defined by By-law 81-30 requires the provision of fire parotection services for estate residential and rural residential developments developed by Plan of Subdivision. The policy does not apply to rural residential lots created by severance. The Ministry of Transportation and Communications has requested that special consideration be given to the provision of joint accesses to Highway No. 2 and setbacks from the centre line of the highway. Prior to the Town issuing a building permit for a particular property, an Entrance Permit from the appropriate authority is required. As well , the Ministry can control the location of buildings on -the lots through the issuance of building and landuse permits through their office. Staff note that the home for which the building permit was recently issued will have a setback of 29 metres from the centreline of Highway 2, and that the Ministry has issued an access permit for the home onto Highway No. 2. However, a review of building plans has indicated that the access is to be located on the west side of the home, which will limit its potential to act as a joint access for the adjacent lot. . . .5 REPORT NO. : PD-126-86 page 5 Inasmuch as no major concerns with respect to the subject rezoning * application have been identified, Staff have prepared a by-law (attached) to rezone the subject lands from "A-Agricultural " to "RC-Rural Cluster". It is respectfully recommended that rezoning application DEV 86-20 submitted Mr. George Elliott be approved, and that the by-law attached to this report be forwarded to Council for approval . pectful d, T.T. Edwards, M.C. I.P. Director of Planning JAS*TTE*j ip *Attach May 1, 1986 cc: Mr. George Elliott NEWTONVILLE Ontario LOA 1,30 I 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: I. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing to "RC" the zone designation of the lands indicated as "ZONE CHANGE TO RC" on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this by-law. 3. 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 This is Schedule "X" to By-law 86 --, passed this day of , 198 6 A.D. LOT 4 , CONCESSION 2 In OD N83025,0p"K'NG/S "' c ~ GHWAI' Ne 2 Q 342.28>� Oi � = 8 d d) �m O ?; 3 J 3 .0 3 0 W Q 0 f. v r ( 0 Z 0 0 z 1—( N 73024 00'E 312.20 ?--� Road Allowance Between Concessions I And 2 ( Not Open ) ® ZONE CHANGE FROM "All TO 11RC11 0 25 50 100 150. Mayor 25M 15 50 Clerk 10 9 8 7 6 5 4 3 2 1 A �P 1 J z '/ EP Jtl W U a U � SEE I `�'�2.:5 ) EP �z SCHEDULE '17' / (NEWTOHVILLE) — �I Aye � cif -a:0,�war? SUBJECT SITE P `, A (P z I.�IGM AaY:01 CM.� -- � �LLj U ,. A•I A : o J 1 vl �A ,1 Former Township of CLARKE 0 2505 00°. 500. 100