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HomeMy WebLinkAboutP-105-80 s � CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JUNE 9, 1980. REPORT NO. : P-105-80 SUBJECT: Application for Rezoning Number Z-A-3-10-2 Part of Lot 29, Concession 2, former Township of Clarke - Mr. and Mrs. McBride BACKGROUND: The subject application requests an amendment to the Restricted Area (Zoning) By-law of the former Township of Clarke to reduce the lot frontage and lot area requirements applicable to a 42,300 square foot parcel of land on the west side of North Street in the former Township of Clarke. In 1966, this parcel had comprised two lots, as described in a Registrar's compiled plan (not a registered plan of subdivision) . Although, these lots were acquired by the applicant at different times, title to both properties was taken by the applicants as joint tenants, and the properties thereby melded for the purposes of Section 29(2) of the Planning Act, and cannot be sold separately without approval of the Land Division Committee. The applicant has requested a reduction in the lot frontage and lot area requirements of the By-law to permit the severance of this parcel into the two original lots. 2 - The application was circulated to the following agencies for comments: Northumberland and Newcastle Board of Education Peterborough-Victoria-Northumberland and Newcastle Separate School Board Durham Planning Department Durham Health Unit Bell Canada Ontario Hydro Ontario Ministry of Agriculture and Food Bell Canada and Ontario Hydro did not reply and were assumed to have no comments. Comments submitted by other agencies have been summarized below: The Northumberland and Newcastle Board of Education did not object to the proposed amendment. The Peterborough-Victoria-Northumberland and Newcastle Board of Education raised no objections in respect of the application. The Durham Planning Department advised that the proposed rezoning would not conform with the policies of the Durham Official Plan, since the site is designated "Permanent Agricultural Reserve, and non- farm residential uses are not permitted on lands with this desig- nation. The Durham Health Unit offered no objection to the proposed rezoning. The Ministry of Agriculture and Food also advised that they had no objection to the rezoning. MMENT: There is no question that the proposed lot would constitute infilling within a strip of existing non-farm residential development. 3 - However, non-farm residential infilling is only permitted by the Durham Official Plan in "Major Open Space" and "General Agricultural" designations, and then only if the cluster of development has been iden- tified by the Municipality in its zoning By-law. Inasmuch as the subject site is designated "Permanent Agricultural Reserve" in the Durham Official Plan, neither the proposed rezoning nor the proposed severance would comply with the provisions of the Plan, and an Official Plan Amendment would be required. In addition, it should be noted that, even in the Rural Residential Zones in the Restricted Area By-laws of the former Township of Clarke and the former Village of Newcastle, the minimum lot area requirement for a lot which is to be serviced by an individual well and septic tank is 1 acre, and that even lots within the former Village, which are ser- viced by either municipal water supply or municipal sewer facilities, require a minimum lot area of 21,780 square feet (2 acre) . The approval of the subject application for rezoning, and a subsequent application for severance would result in the creation of 2 lots which would not meet minimum standards applied in other parts of the Town, and which could experience future servicing problems. For these reasons, staff cannot recommend approval of the subject application. RECOMIMNDATION It is respectfully recommended: 1. That this report be received for information; 2. That Application for Rezoning Number Z-A-3-10-2 be denied; and - 4 - 3. That the applicant and the Region of Durham be notified of the Town's action in this regard. Respectfully submitted, NJF:lb D. N. Smith, M.C.I.P. June 2, 1980 Director of Planning a ROAD ALLOWANCE BETWEEN CON. 2 AND 3 N.E.ANGLE LOT 29 CON.2 ih ti N740 E 250' •' 19 ti 18 = 17 - 16 ti ti h (5 75' ti 1 SUBJECT 175' PROPERTY 14 6, W !4 � � OD F- a co Go 12 co 0 z .r3 1 1 m N N N p d Z a CD N N74°E 200' 0 io z 9 _ 3 W 8 - 00 7 = w 0 z Q 6 0 J 5 = a p 4 _ o Ix 3 = 2 ti co 0 200' °— co 66, 0 100 200 f t. 100