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Home My WebLink AboutPD-69-83 a(C 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 2nd, 1983 REPORT NO. : PD-69-83 SUBJECT: APPLICATION FOR ZONING BY-LAW AMENDMENT W. TURANSKY - APPLICANT PART LOT 5, CONCESSION 7, FORMER TOWNSHIP OF CLARKE - OUR FILE: DEV 83-2 RECOMMENDATION: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-69-83 be received; and 2. That application for rezoning DEV 83-2 in respect of Part of Lot 5, Concession 7, former Township of Clarke, be approved, and that the * attached By-law to amend Restricted Area Zoning By-law 1592, as amended, be forwarded to Council for approval upon payment of the Town 's lot development charges. BACKGROUND: On February 10th, 1983, the Town received an application for a By-law amendment submitted by Mr. W. Turansky, to acknowledge the size of the eight (8) "lots of record" and permit the construction of a single family dwelling on each lot. 6 Report No: PD-69-83 .. ./2 The site is presently designated "Oak Ridges Moraine" in the Region of Durham Official Plan. Non-farm residential uses are generally discouraged within this designation. However, Section 12.3.10 of the Durham Official Plan states that: "Notwithstanding any other provisions of Section 12 to the contrary, a single family residential dwelling may be permitted on existing lots of record created on or before the date of Regional Council adoption of this Plan, subject to such a lot complying with the provisions of their respective zoning by-laws." The proposed by-law amendment, as attached, would reflect this provision. In accordance with Departmental procedures, the subject proposal was circulated to a number of departments and agencies in order to obtain their input. The following is a summary of the comments received. Ganaraska Region Conservation Authority "The above application has been reviewed and given due consideration. Portions of the northern two lots (identified on the attached mapping as 1 ) and 2) of the subject property, lie within the Regional Storm Floodplain of a tributary of the Ganaraska River. The extent of the floodplain is detailed on the attached mapping. Due to the flood hazard associated with these lands, the Ganaraska Region Conservation Authority considers these floodplain lands to be unsuitable for the residential purpose proposed. Therefore with regard to matters under the jurisdiction and mandate of the Ganaraska Region Conservation Authority, there is no objection to the above noted application provided that: Report No: PD-69-83 . . ./3 the area indicated on the attached mapping as Regional Storm Floodplain be excluded from the zoning designation which would permit residential al development , and further, that the floodplain be designated as an environmental protection zone." Region of Durham Health Unit "Re: Rezoning DEV 83-2, Pt. Lot 5, Conc. 7 (Clarke) Newcastle This Health Unit has no objections to the above proposal ." Region of Durham Planning Department "Further to your request for comments , we note that the site is designated "Oak Ridges Moraine" in the Durham Regional Official Plan. Non-farm residential uses are generally discouraged within this designation, However, Section 12.3.10 of the Durham Plan states that: "Notwithstanding any other provisions of Section 12 to the contrary, a single family residential dwelling may be permitted on existing lots of record created on or before the date of Regional Council adoption of this Plan subject to such a lot complying with the provisions of the respective zoning by-laws." The proposal would conform if it meets the above-referenced provisions." Region of Durham Works Department "- no objections and foresee no problems with access onto Regional Road No. 9." Town of Newcastle Works Department "We have reviewed the above-noted rezoning and have no objection to this proposal as submitted." Town of Newcastle Building Department "- no objections to the proposal " Town of Newcastle Fire Department "The Fire Department has no objection to the application for rezoning. i i I i a(C Report No: PD-69-83 .. ./4 There is sufficient static water supply for fire protection , a creek crosses the road within the proposed development area. The property is located approximately 8 miles from fire station # 3, Orono, with a response time of 12 minutes. This again indicates the necessity for a fire station located in the northern section of the Municipality." Ministry of Agriculture and Food - "Foodland Preservation Branch" "Staff have reviewed the above proposal in view of the Food Land Guidelines and offer the following comments. The majority of the 40 acre parcel is level and the soils are Class II according to the Canada Land Inventory classification system. There is a small area of Class III soils in the vicinity of the old barn and stream at the northerly end of the property. Immediately north of the site are a number of non-farm uses. To the north-east is a large tobacco farm. However, the property immediately to the east of the concession road is presently in cedar bush with no agricultural activities immediately abutting. The land to the west is farmed and there is evidence that last year the land grew corn. Two lots of this proposal that front on Taunton Road grew corn last year. There is no fence dividing them. The remainder of the lots appear to have been idle or perhaps used for some pasture. The soils in this area are suitable for agriculture, however, the very small sizes of these parcels have limited their use for agricultural purposes in the past. Immediately behind the lot now contains the old barn and sheds. There is a small poultry farm. The Agricultural Code of Practice will certainly have an impact on the lot immediately to the east of the poultry barn. Based on the Food Land Guidelines , we cannot support this rezoning application as it would result in eight new non-farm residential uses in this area which is primarily used for agriculture at the present time." I I i i Report No: PD-69-83 . . ./5 COMMENTS: From the information submitted to staff by Mr. Turansky, it appeared that a Consent was never given for the conveyance of the eight lots, nor a plan of subdivision registered. Accordingly, staff requested the assistance of legal counsel to determine the status of the lots. Section 29(11 ) of the Planning Act, R.S.O. 1980, C.379 effectively prohibits the severance of property by way of simultaneous conveyances of abutting lands. This Section first received Royal Assent on April 27th, 1971 . The Deed submitted by Mr. Turansky, conveying the lots, was registered on April 21st, 1971 . Accordingly, the Deed pre-dated Royal Assent to the subsection prohibiting simultaneous conveyances. Past case law has supported the opinion that Section 29(11 ) of the Planning Act does not have retroactive effect. As such, it is the solicitor's opinion that each of the lots are legally severed properties. In consideration of the above comments, staff advised the Ministry of Agriculture and Food, who originally objected to the "creation" of eight new lots, that the lots were considered "lots of record" , and that the rezoning application was not a preliminary step to a severance application being filed with the Region. Furthermore, staff confirmed that the requirement for a rezoning application arose because the lots were created after the date of the passing of the appropriate zoning by-law, and a building permit could not be issued for residential purposes as the by-law requirement of forty (40) acres for each lot could not be complied with. The Ministry of Agriculture and Food have indicated that their Department have no major objections to this zoning by-law amendment, notwithstanding their prior comments. I i i Report No: PD-69-83 . . ./6 The attached by-law amendment has been prepared in consideration of the comments received from the various departments and agencies. Staff would note, for Committee's information, that should the owners of Lot 1 or 2 wish to erect a dwelling within the fill and construction limits or across the Creek to the westerly portion of each lot ; the approval of the Ganaraska Region Conservation Authority is required. By-law 83-22; being a by-law to establish a scale of development charges states the following: "AND WHEREAS the Town is frequently in receipt of applications to amend its zoning by-law, which amendments have the effect of increasing the number of dwelling units which may be constructed on the lands which are the subject matter of the application . . . . 1 . Unless otherwise established by by-law or by agreement between the Town and any developer which agreement has been approved by by-law, development charges shall be payable in accordance with the policy attached hereto as Schedule "A" for the following: iii ) every application for rezoning of any parcel of land, the effect of which is to permit a greater number of dwelling units to be constructed thereon than would be permitted but for such rezoning." In consideration of the above comments, staff are therefore recommending approval of the attached by-law amendment and that it be forwarded to Council for approval , upon payment i of Town 's lot development charges. Respec 1 s fitted, T. T. Edwards, M.C.I.P. Director of Planning LDT*TTE*rnjc April 20, 1983 Applicant : Mr. W. Turansky R.R. # 1 KENDAL, Ontario LOA lEO LEGEND FLOODLINE OF REGIONAL STORM CENTERED OVER WATERSHED 671.0 ='�� \ : a .._ ~. ,+ l \\� ---- \\� �_" f FILL AND CONSTRUCTION LIMIT CROSS-SECTION LOCATION AND /- FEET FLOOD LINE ELEVATION METERS E V 677-0 ` SCALE 1=2400 100 0 100 200 300 400 500 600 700 IN st FEET 6a;5 CONTOJR INTERVAL — 5 FEET, 21/2 FEET INTERPOLATION 1• � � - ` 6' N GEODETIC DATUM — MEAN SEA LEVEL AS ESTABLISHED BY I GEODETIC SURVEY OF CANADA. - - --- - PROJECTION SYSTEM — 30 TRANSVERSE MERCATOR J GAT - - - 9 637- —– --� T��