HomeMy WebLinkAboutPD-151-83 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF OCTOBER 17, 1983
REPORT NO. : PD-151-83
SUBJECT: APPLICATION FOR REZONING - G. HARTEMINK
PART LOT 34, CONCESSION 1 , CLARKE
FILE: DEV 83-18
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PO-151 -83 be received; and
2. That Application for Rezoning DEV 83-18 be
approved; and
* 3. That the By-law attached to this Report to
amend By-law 1592, as amended, of the former Township of "
Clarke, be forwarded to Council for approval .
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REPORT NO. : PD-151-83 Page 2 aA)
BACKGROUND:
On August 8, 1983, the Planning Department received an
application to rezone a 1 .5 ha (3.7 acre) parcel of land in
Part Lot 34, Concession 1 , former Township of Clarke. The
purpose of the application, submitted by Mr. G. Hartemink,
is to permit the creation of one additional building lot.
The subject lot is currently zoned "A-Agricultural " by
By-law 1592, as amended, of the former Township of Clarke.
The parcel subject to the rezoning application is designated
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"Permanent Agricultural Reserve" by the Durham Regional
Official Plan. Non-farm related residential uses are
specifically prohibited in this designation. On March 11 ,
1983, Mr. Hartemink submitted an application to the Region
of Durham to redesignate a portion of his lot to "General
Agricultural Area" to permit the creation of a non-farm
related residential lot on the redesignated area.
On June 13, 1983, Council resolved (Resolution #C-416-83) to
advise the Region of Durham that the Town of Newcastle had
no objection to redesignating that portion of Mr.
Hartemink' s lot subject to the application to "General
Agricultural Area". Council also directed Staff to request,
as a condition of severance, a warning clause on title of
the land in respect of agricultural operations in the
vicinity in wording subject to the approval of the Ministry
of Agriculture and Food.
However, rather than redesignating the subject parcel to
"General Agricultural Area", the Region of Durham amended
the Official Plan to specifically permit the creation of one
additional lot on Mr. Hartemink's property within the
"Permanent Agricultural Reserve" designation. This
Amendment was approved as Amendment No. 97 to the Durham
Region Official Plan by the Ministry of Municipal Affairs
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REPORT NO. : PD-151-83 Page 3
and Housing on August 19, 1983.
On September 12, 1983, the Region of Durham Land Division
Committee considered an application submitted by Mr.
Hartemink to sever a 0.28 ha (0.69 acre) lot from his
property. The Committee approved the severance as applied
for. However, one of the conditions of approval requires
the applicant to obtain approval for the required zoning
by-law amendment.
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SUMMARY OF CIRCULATION COMMENTS
As noted earlier in this Report, Mr. Hartemink submitted a
rezoning application to the Town on August 8, 1983. In
accordance with Departmental procedures, the application was
circulated to various departments and agencies for comments.
The following is a summary of the comments received:
Town of Newcastle Public Works Department
"No comment."
Town of Newcastle Fire Department
"No objection in regards to fire emergency response time and
travel distance from Station No. 2, Newcastle."
Town of Newcastle Building Department
"No comment."
Region of Durham Planning Department
"We note that Regional Council on July 20, 1983 adopted
Amendment No. 97 to the Durham Regional Official Plan which
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REPORT NO. : PO-151-83 Page 4
would permit an additional non-farm residential dwelling
on the subject property.
The amendment has been forwarded to the Minister of
Municipal Affairs and Housing for approval . Accordingly,
the subject rezoning application would conform if Amendment
No. 97 is approved by the Minister".
Region of Durham Health Unit
"Insofar as health matters are concerned, there are no
objections to the application subject to the following
conditions :
1 . A Class 6 aerobic sewage system to be registered on
deed.
2. Recommended drilled well ".
Ganaraska Region Conservation Authority
"No objection" .
Ministry of Transportation and Communications
"The Ministry has no objections, since the Owner does not
need access to Highway 35/115. All access will be
restricted to the right-of-way between Concessions 1 and 2.
The Owner will need building and landuse permits which he
can obtain at the Port Hope District Office".
COMMENTS
Staff note that no major concerns were highlighted as a
result of the circulation of the rezoning application. With
respect to the comments made by the Durham Region Health
Unit regarding the well and septic system, Staff note that
one of the conditions of approval for the severance is that
the applicant must satisfy the requirements of the Health
Unit.
Another of the conditions of approval imposed by the Land
Division Committee requires the applicant to satisfy the
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REPORT NO. : PD-151-83 Page 5 i
requirements of the Town of Newcastle, financial and
otherwise. Staff will be requiring the placing of a warning
clause regarding agricultural opefations in the area on the
title to the severed lot as one of the Town 's requirements.
Based on the comments received through the circulation of
the rezoning application, Staff have no difficulty with
approving a rezoning for Mr. Hartemink's property to permit
the creation of one additional lot. As such, Staff have
prepared a By-law (attached) to rezone the subject parcel
from "A-Agricultural " to "Rural Residential - Special
Condition 7".
Mr. Hartemink's property currently has an area of 1 .5 ha
(3.7 acres). The severance will create two lots, one with
an area of 0.28 ha and one with an area of 1 .2 ha, to be
retained by Mr. Hartemink. However, the minimum area for a
new residential lot in the Agricultural Zone is 16.2
hectares (40 acres). Therefore, both the retained and
severed lots are covered by the Rezoning By-law prepared by
Staff.
The By-law divides the subject parcel into two separate
blocks and establishes zone provisions for each. This
permits the Town to recognize the existing yards and
setbacks on the lot to be retained by Mr. Hartemink
(Block 1 ) , while establishing zone provisions for the
severed lot (Block 2) consistent with the Rural Residential
Zone Provisions.
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Staff point out however, that lots in the Rural Residential
zone are required to have a minimum area of 0.4 ha (1 acre),
a minimum frontage of 45.5 metres (150 feet) , and sideyards
of 7.5 metres (25 feet) . The severed lot has an area of
only 0.28 ha (0.69 acres) , and a frontage of only 30.5
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REPORT NO. : PD-151-83 Page 6
metres (100 feet) . These differences are recognized in the
By-law. As well , the By-law provides for si deyards of only
6 metres (2.0 feet) to permit an adequate building envelope
on the severed lot.
Staff therefore recommend that Rezoning Application DEV
83-18 be approved and the By-law attached to this Report be
forwarded to Council for approval .
Respectf y itted,
T.T. Edwards, M.C. I.P.
irector of Planning
JAS*TTE*jip
Applicant : Mr. G. Hartemink
R.R. #2
NEWCASTLE, Ontario
LOA 1 HO
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