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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 1:- 2r L' J _ t 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 ,;'~ ?"'\ r i) L 'J OTHER LANDS OWNED BY APPLICANT -- (EXISTING ONTARIO HYDRO EASEMENT) -~--------~~--- ..... EXISTING HAMLET BOUNDARY--' i · OTHER LANDS I OWNED BY APPLICANT · 0 '0 I LOT 9 o <( o 0:: OTHER LANDS OWNED BY APPLICANT I :~~flw~~mjJri~~ID~])~, .::::::::::::::: POSSIBLE ::::::::::::::::::::::5: :':':':':':':':SECOND LOT':':':';':':':':':':'~: L1J eNeE~S=leN~2 _ / / ..._...........~.................... Z ... - -- - - rJ i I :J · ~ I ; i o LANDS OWNED BY OTHERS C) . I!ZaPROPOSED REZONING ('A-II to'RH-151)~ I \;:;:;:;:;:;:IPROPOSED REZONING ('RH'to 'RH-151)~ . L~ . o 10 20 ~- 20 15 10 5 0 40m ".--2 . i) _ 6 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. b o ~ S.E,Angle of:--",- r-- Lot 9, Conc.2 " Z ~I IOO.Om o C5 a:: w e ..J ;h ..J ~ > N Z g :: w Z - co o <J: o a:: ..J <J: Z Q fa a:: LOT 9 CONCESSION 2 - HILL STREET ~ZONING CHANGE FROM 'A-t I TO 'RH-15' P~~~~~t\IZONING CHANGE FROM 'RH I TO 'RH-151 Mayor ----- - -0--20-:---*-- ~jjOm-:- - c== P"l....._ , 20 151050 Clerk LOT to LOT 9 LOT 8 A-' o ~ A-I ~ <Xl o - '" n: 0 "- W'(3 z gf~ 0 0 Z ~ 'c;) (3 o Z I- 0 n: ~.ffi (J) 0 I.LI iij z.n: (,) n: - .~ z A-r RH 8 I A NEWTONVILLE o - ~ I~ Z fJ) o z U w ~ i :528 o 50 100 200 300m r...._ - , 50m 0 ~