HomeMy WebLinkAboutPD-104-92
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: GIMBLETT.GPA
General Purpose and Administration Committee
File #
. D J2'J ~~. f 3 L/.
Date:
Monday, May 4, 1992
PD-104-92
File#:
DEV 88-134 (REVISED)
#:
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-104-92 be received;
2. THAT Rezoning Application DEV 88-134 (revised) submitted by
Michael Gimblett on behalf of Ross Brown to permit two
residential lots 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 Region of Durham Planning Department;
5 . 'l':H:~'l' tJle alll~n.clin.9 })y-Iaw })e cirC:l.1lat.ed in accordance with
regulations made under the Planning Act;
6. THAT the Durham Region Planning Department, and all interested
parties listed in this report and any delegation be advised
of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Michael Gimblett
1 . 4 Area:
Ross Brown
From "Agricultural Exception (A-1)" to a zone
appropriate to permit the creation of two (2)
residential lots.
0.32 hectare
1.2 Owner:
1.3 Rezoning:
....2
!) 2 0
RECYCLED PAPIER
PAPEll RECYCLE
THIS IS f>[1IIHEDON HECYCLEO PArEn
REPORT NO. PD-104-92
PAGE 2
2 . LOCATION
2.1 The subject lands are located within Part of Lot 9, Concession
2 in the former Township of Clarke. The municipal address of
the property is 2139 Regional Road #18 in the Hamlet of
Newtonville.
3 . BACKGROUND
3.1 In 1988, the applicant submitted the required applications to
permit a development comprised of 29 residential lots and a
commercial block with 1850 square metres of floor area. These
applications being, DEV 88-134, 18T-88099 and 89-001/D/N. The
Official Plan Amendment was denied by Council and the
subdivision and rezoning were referred back to Staff.
3.2 On May 13, 1991, a letter from Mr. Gimblett was received
requesting that the applications for subdivision (18T-88099)
and official plan amendment (89-001/D/N) be closed and that
the existing rezoning application be revised to reflect the
proposed creation of 2 residential lots. The Region has since
closed these applications and have provided the Town with
comments regarding the revised rezoning application.
3.3 Two consent applications have been submitted to the Land
Division Committee and were approved on July 8, 1991. The
first application LD 372/90 proposed the separation of the
southerly lands (located within the limits of the hamlet) from
the north. The northerly lands are actively farmed. The
second application LD 178/91 proposed the creation of a single
3000 m2 residential lot. The conditions placed upon these
applications must be fulfilled by July 17, 1992.
A consent application for a second 3000 m2 residential lot has
not been applied for.
....3
521
REPORT NO. PD-104-92
4. EXISTING AND SURROUNDING USES
PAGE 3
4.1 Existing Uses: Vacant
4.2 Surrounding Uses:
East -
West -
South -
North -
Existing
Farmland
Existing
Farmland
Residential
Residential and farmland
and a single dwelling unit
5. OFFICIAL PLAN POLICIES
5.1 within the Durham Region Official Plans, the lands are
designated "Hamlet". Lands so designated are primarily used
for residential purposes.
5.2 The Town of Newcastle Official Plan designates the lands as
"Residential Expansion" within the Hamlet of Newtonville.
Lands so designated shall be used for residential purposes
provided the appropriate approvals for private services are
obtained from the Health unit.
5.3 section 9.4 (ix) of the Town of Newcastle Official Plan states
that within the Hamlet of Newtonville lot sizes can be reduced
to a minimum of 0.2 ha provided that an engineering report is
submitted which demonstrates that "Soil conditions can support
the reduced lot size without causing soil and groundwater
contamination".
6. ZONING BY-LAW PROVISIONS
6.1 According to the Town of Newcastle Comprehensive Zoning By-
law 84-63, as amended, the land is zoned "Residential Hamlet
(RH)" and "Agricultural Exception (A-1)". The "Residential
Hamlet" zone allows single dwelling units. The "Agricultural
Exception (A-1)" zone also permits single dwelling units.
Although the proposed use is permitted in both zones, the lot
frontage, area and yard requirements must comply thus the
application to amend the zoning by-law. ....4
522
REPORT NO. PD-104-92
PAGE 4
7. PUBLIC MEETING AND SUBMISSION
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.
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:
Town of Newcastle Fire Department
Durham Region Health unit
Ganaraska Conservation Authority
Ministry of Natural Resources
8.2 The Town of Newcastle community Services Department has
requested that 5% cash-in-lieu of parkland be paid by the
applicant/owner. This can be collected upon clearance of the
conditions of severance.
8.3 The Town of Newcastle Public Works Department request that any
easements required be granted to the Town free and clear of
any encumbrances, that a lot grading plan be submitted to the
satisfaction of the Works Department, and that all works are
completed in accordance with the Town of Newcastle's Design
Guidelines and Standard Drawings. This requirement must be
met prior to Staff clearance of the conditions of severance.
8.4 The Durham Region Planning Department had no objection to this
application. It was specified in their comments that the
engineering report that was submitted in conjunction with the
....5
523
REPORT NO. PD-104-92
PAGE 5
applications for Official Plan Amendment and Plan of
Subdivision meets the requirements of section 9.4 (ix) in the
Town of Newcastle Official Plan.
8.5 The Durham Region Works Department has stated that the
applicant has entered into an agreement with the Region
regarding servicing of the proposed lots.
9 . STAFF COMMENTS
9.1 Staff note that the sketch submitted with the revised rezoning
application implied that the applicant wished to rezone the
lands to permit 2 residential lots and a proposed access.
However, only one of the applications to land division
committee was for a 3000 m2 residential lot. The applicant
has not yet applied for a second 3000 m2 residential lot.
Staff has no difficulty in recommending approval for rezoning
of the 2 residential lots. However, those lands which
represent the access to the rear property should not be
rezoned at this time.
10.
10.1
CONCLUSION
with respect to the above comments, Staff support an amendment
to the zoning by-law to permit the creation of two 3000 m2
residential lot.
Respectfully submitted,
Recommended for presentation
to the Committee
d~~Wv
Franklin Wu, M.C.I.P.
Director of Planning
and Development
.......... ..................7
fc;ij YfV J
,....d\jJ\!-.eJt ~ lJ'it1
Lawrence E. Kotseff
Chief Administ~ative
Officer . I
V
HB*FW*cc
*Attach
28 April 1992
....6
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REPORT NO. PD-104-92
PAGE 6
Interested parties to be notified of Council and Committee's
decision:
Ross Brown
Box 81
NEWTONVILLE, Onto LOA IJO
Michael Gimblett
R. R. #1
NEWTONVILLE, Onto LOA IJO
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OTHER LANDS OWNED BY APPLICANT
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(EXISTING ONTARIO HYDRO EASEMENT)
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LANDS OWNED
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-
law for the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to approve rezoning application DEV 88-134 and
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. section 9.1 "Residential Hamlet (RH)" zone is hereby amended
by adding thereto the following new Special Exception 9.3.15
as follows:
"Notwithstanding section 9.2, those lands zoned RH-15 on the
Schedules to this By-law shall be subject to the following
zone regulations:
a) Lot Area (minimum) 3000 square metres
2. Schedule "17" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from:
"Agricultural Exception
Exception (RH-15)" and
"Residential Hamlet (RH)"
(A-1) "
to "Residential Hamlet
to "Residential Hamlet Exception
3. Schedule "A" attached hereto shall form part of this By-law.
4. 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 first time this
day of
1992.
BY-LAW read a second time this
day of
1992.
BY-LAW read a third time and finally passed this
1992.
day of
MAYOR
CLERK
i: ')?
JL
This is Schedule "A"
passed this~day
to
of
By-law 92~_,
, 1992A.D.
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