HomeMy WebLinkAboutPD-118-86 TOWN OF NEWCASTLE
t REPORT File #
Res. #
By-Law #
METING: General Purpose and Administration Committee
DATE: Monday, May 5, 1986
REPORT #: PD-118-86 FILE #: DEV 86-17
SUBJECT: REZONING APPLICATION - ADAMO CUPELLI
PART LOT 35, CONCESSION 4, FORMER TWP. OF DARLINGTON
OUR FILE: DEV 86-17
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-118-86 be received; and
2. THAT the application submitted by Mr. Cupelli to rezone a parcel of land being Part
of Lot 35, Concession 4, former Township of Darlington to permit the development of
* two (2) residential lots be approved and that the by-law attached hereto be
forwarded to Council for approval .
BACKGROUND AND COMMENTS:
On March 18, 1986, the Planning Department received an application for rezoning from Mr.
Cupelli to permit, through the recognition of a Node or Cluster, the development of two
(2) additional residential lots.
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
. . .2
REPORT NO.: PD-118-86 Page 2 '1
'00
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 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 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-82-86. 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 Fire Department
3. Ontario Hydro
4. Central Lake Ontario Conservation Authority
5. Town of Newcastle Community Services
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 requested 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.
. . .3
REPORT NO.: PD-118-86 Page 3
The Town of Newcastle Works Department, in responding, noted that inasmuch
as the subject property fronts an Arterial Type "A" road, an 8.23 metre road
widening is to be dedicated to the Town free and clear of all encumbrances
for the frontage of the subject lands. Furthermore, the applicant is to
contribute 50% of the cost of reconstructing Pebblestone Road ( $30.00 per
foot) for the frontage width of the future residential lots. Additionally,
a Lot Grading and Drainage Plan is to be filed for the approval of the
Public Works Department.
Staff would note, with respect to the above-noted comments, that should the
Committee deem it appropriate to approve the application , Staff would
incorporate same within the comments submitted to the Land Division
Committee at such time that severance applications are filed.
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 10.2.4.1 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 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
provision of the Durham Regional Official Plan."
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 as to the
Official Plan designation for the subject property. Further to the above,
. . .4
REPORT NO.: PD-118-86 Page 4
Staff was advised that inasmuch as the determination of Official Plan
conformity would require detailed site specific investigations , Regional
Staff would rely on the Town of Newcastle' s analyses and Staff's
consultation with Town Council to determine if the proposal meets the
infilling criteria as defined in the Durham Regional Official Plan.
The Ministry of Agriculture and Food - Foodland Preservation Branch, in
responding, noted that according to the Canada Land Inventory the soils are
Class 5W (Wetland). Staff would note that the Ministry Staff originally
indicated that approval would create an incompatible non-farm use in an
Agricultural area. However, further clarification was provided that, in
consideration of the soil classification and wetland tendencies, and the
Ministry's previous comments pertaining to a similar rezoning application,
it was noted that the proposal would have little or no impact on
agricultural activities.
Staff would note for the Committee's information that the subject lands for
which the rezoning has been submitted are bounded to the south and east by
public road allowances . The road allowance due east is unopened and heavily
treed as is the lot on the east side of said unopened road. To the west is
an existing single family dwelling of non-farm purposes, being Mr. Cupelli 's
residence. Staff would note that immediately to the west of Mr. Cu pel 1 i 's
property are two (2) residences and yet further to the west, Mr. Senyk's
property (File DEV 85-3) for which three (3) Land Division applications have
been file and approved by the Land Division Committee, however the
conditions of approval have yet to be fulfilled.
The Criteria for a Node or Cluster development states that a rural 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 characteristics. It is Staff's
opinion that the existing lot development would satisfy this requirement.
. . .5
0
REPORT NO.: PD-118-86 Page 5
In consideration of the Ministry of Agriculture and Food's revised comments,
Staff would have no objections to the approval of the rezoning application
as submitted. Additionally, Staff would note for the Committee's
information that with respect to the concerns of the Works Department, at
such time that Land Division applications are filed pending Council 's
approval of this application, Staff would include such conditions for the
Land Division Committee' s consideration.
Respectfu1r1-y'�6bmi tted,
r,
.T. Edwards, M.C. I .P.
Director of Planning
LDT*TTE*jip
*Attach.
April 24, 1986
cc: Mr. Adamo Cupelli
R.R. #5
OSHAWA, Ontario
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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 "I" 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 r
1986.
CLERK
I
This is Schedule "X" to By-law 86- ,
passed this day of , 1986 A.D.
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