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HomeMy WebLinkAboutPD-148-92 CORPORATION DN: FOSTER.GPA THE TOWN OF General Purpose and Administration Committee Monday, June 15, 1992 DEV 92-004 Pl0PE)./c Q;), #. '/l11-#LI1-'7'J<J ~-/5.fj PD- 148-92 REZONING APPLICATION - FOSTER CREEK DEVELOPMENTS LTD. PART LOT 29, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE BLOCK 101, 10M 799 FILE: DEV 92-004 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-148-92 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Foster Creek Developments Ltd. to permit the creation of three (3) building lots for single dwelling units be APPROVED; 3. THAT the amending by-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending by-law be forwarded to the Durham Region Planning Department; 5. THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; and 6. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Foster Creek Development Ltd. 1.2 Rezoning Application: From Urban Residential Type Two (R2) to Urban Residential Type One (R1) to permit the development of three (3) lots for single detached residential units. ....2 REPORT NO. PD- 148- 92 PAGE 2 1. 4 Area: 0.14 ha (0.35 acres) 2. 2.1 3. 3.1 4. 4.1 LOCATION The subject property is located in Part Lot 29, Concession 1, former Village of Newcastle. This parcel is further defined as Block 101 of 10M 799 and is located at the north east corner of Snowden Court and Edward Street. The applicant also owns Block 47 of 10M 825, which is immediately to the west of the site and fronts on to Snowden Court. BACKGROUND On January 13, 1992 the Town of Newcastle Planning Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, to permit the development of three (3) lots for single detached residential units. EXISTING AND SURROUNDING USES Existing Uses: vacant 4.2 Surrounding Uses: East West South North Residential vacant Residential Residential 5. OFFICIAL PLAN POLICIES 5.1 Under the current Durham Region Official Plan, the subject property is designated "Residential". The predominant use of lands so designated shall be for housing purposes. 5.2 Under the Durham Region Official Plan, as adopted by Regional Council on June 5, 1991, the subject property is designated "Living Area". The predominant use of lands so designated ....3 ( Ii {\ '1 U ;' ~, I \..) REPORT NO. PD_148-92 PAGE 3 shall be for housing purposes. 6 . ZONING 6.1 The property is currently zoned "Urban Residential Type Two (R2)" which permits single detached residential units. The applicant is planning to amalgamate the lot in question with Block 47 of 10M-825, which is currently zoned "Urban Residential Type One (R1)". When consolidated the two blocks must contain a singular zoning in order for the site to be developed for residential use. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 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. In addition the appropriate notice was mailed to each landowner within the prescribed distance. As of the writing of this report, no written submissions have been received. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following department/agencies in providing comments, offered no objection to the application as filed: Region of Durham Planning Department Region of Durham Works Department Town of Newcastle Public Works Department Peterborough, Victoria, Northumberland and Newcastle Separate School Board Northumberland and Newcastle Public School Board Ganaraska Region Conservation Authority Region of Durham Health Services Town of Newcastle Fire Department ....4 [ (, n cJ Li J REPORT NO. PD- 148- 92 PAGE 4 Newcastle Hydro 8.2 The Town of Newcastle Community Services Department has no objection to this proposal. As far as cash":'in-lieu of parkland dedication is concerned, Staff would note that the parkland contribution was provided through the registration of both 10M-799 and 10M-825 and, therefore, no further paYment is required. 9. STAFF COMMENTS 9.1 The applicant's intentions are to amalgamate Block 101 on 10M- 799 (zoned R2) with Block 47 on 10M-825 (zoned R1), which is immediately to the west of the subject site. Through land division applications numbered LD 311/91 and LD 312/91, which were presented before the Land Division Committee on November 25, 1991, the applicant proposed to create three (3) lots for single detached residential units. Once the three lots are divided the zone distinctions will remain and as a result the lots will have sufficient frontage but will not be able to satisfy the lot area or setback requirements. Therefore, in order for these lots to be developed this rezoning application is required and must be completed so that both Blocks within their respective subdivisions are zoned "Urban Residential Type ( R1) " . 9.2 Staff would note that during a Public Meeting held on March 16, 1992, Mrs. Melody Chapman, who resides directly to the east of the proposed site at 183 Edward Street , voiced her concerns over drainage problems currently being experienced as a result of her lot's close proximity to the site. During the March 23, 1992 Council meeting it was recommended that "the applicant liase with Melody Chapman to resolve her concerns pertaining to drainage problems". The applicant has ....5 S50 REPORT NO. PD- 14S- 92 PAGE 5 since spoken with both Staff and Mrs. Chapman and assured all parties that the drainage issue will be resolved once the lots are rezoned and fully developed. 10. CONCLUSION 10.1 In respect of the above comments, Staff recommend that the application be APPROVED and the attached By-law passed. Respectfully submitted, Recommended for presentation to the Committee c) }, {h'_~J(_"J ~;\,Pj,A, Franklin Wu, M.C.I.P. Director of Planning and Development IW*FW*cc Attachment No. 1 - Key Map Attachment No. 2 - Proposed Amalgamation 29 May 1992 Interested parties to be notified of Council and Committee's decision: Foster Creek Developments Ltd. 85 King Street West Unit =IF 2 NEWCASTLE, Ontario LIB IL2 Mrs. Melody Chapman 183 Edward Street NEWCASTLE, Onto LIB IE6 ~'1' r r-; JJI Attachment No.1 ~ SUBJECT SITE .. . (HIGHWAY N~ 2) Q <l o 0:: Rl 1 R1 ..J ..J I..LJ Q ::> 0:: Ii___ ' _I MACDONALO__CARTt€R I-FREEWAY 11 Ml ST. NEWCASTLE VILLAGE KEY MAP Dev.92-004 o r"'- 50m 100 200 300 m , ~ ('I r~ :) Attachment No. 2 , , j i ~ ,I ~ .. ~ c t!'~ I! :I-~ ~~In ~ !~ ra~ ~i=, !!3 :~ ~~ >- ~w~ d w!i :' ...J ~ g: >< ;l<1-~ a:::. ~(J)a <Ii ::>~ ~ II. 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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 in accordance with application DEV 92-004 to permit the creation of three (3) single dwelling residential lots; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type Two (R2)" to "Urban Residential Type One (R1)" 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. ,BY-LAW read a flI'st time this day of 1992. BY-LAW read a second time this day of 1992. BY-LAW read a third time and fmally passed this day of 1992. MAYOR CLERK ~~} :,) i~ This is passed Schedule "A" to By-law 92'- _, this ~ day , 1992 A.D. of I:L)/,,,,. '1"4-9L) $r-9~ IV 'l:r 89000'E" $.0/0 Cou~~I:.o/ P'7'77A ZONING CHANGE rLLLLI FROM IR2" TO "R1" ZONING TO REMAIN IR1" o 10 20m Mayor 10 5 Clerk 04 04 lLJ a ::l 0:: NEWCASTLE VillAGE :~ . f- :)" !) ") .. \. '" o 50 100 200 ~..._- SOmO ~ 300m I