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Home My WebLink AboutPD-92-93 \. THE CORPORATION OF THE TOWN OF NEWCASTLE DN: SIMKINS.GPA Meeting: General Purpose and Administration Committee File # D\~~' \":)I:t V ,t'fa.o 01./. Date: Monday, June 7, 1993 Res. #4 ~/l-e5;S~ --9.:3 PD-92-93 DEV 93-004 # ~3 -S0 #: File #: Subject: REZONING APPLICATION - SIMKINS HOMES PART LOT 35, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 93-004 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-92-93 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63, Simkins Homes be APPROVED; the Town as amended, of Newcastle submitted by 3. THAT the amending by-law attached hereto be forwarded to Council for approval; and 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: Clifford and Ona Stark 1.2 Applicant: Simkins Homes 1.3 Rezoning: From Agricultural (A) to an appropriate zone or zones in order to permit the development of three (3 ) additional single family dwelling lots. 1. 4 Area: .19 hectares (.47 acres) 2 . BACKGROUND --"---"--""2:-r-On '"VebruarV'l7~"T~r~r:r;-.tlieTown of '""Newca~snePTanrrtncr"aJ'lcr------'----' - J)! IlECYCLEI) PAPIER PAPER RECYCLE Hm IS PllltfTEOQ'J flECYCLEO PAPER REPORT NO. PD-92-93 PAGE 2 Development Department received an application to amend zoning By-law 84-63 in order to permit the development of five (5) single family dwelling lots. The applicant has subsequently revised the application to propose the creation of three (3) additional single family dwelling lots with the existing house being renovated and upgraded. 2.2 The proposal is situated on a .19 hectare (.47 acre) parcel of land located at the north west corner of Varcoe Road and Nash Road but is more formally described as Part Lot 35, Concession 3, in the form~r Township of Darlington. 3 PUBLIC NOTICE AND SUBMISSIONS 3.1 A Public Meeting was held on May 3, 1993 at which time one (1) area resident expressed opposition to the proposal. The resident, who is the westerly abutting property owner, expressed concerns regarding tree preservation, drainage, parking and the size of the lots. 3.2 As a result, Staff met with the applicant and the area resident on May 14, 1993 in order to address his concerns and the future development potential of the abutting lands. The meeting resulted in the resolution of the concerns of the area resident. 4 OFFICIAL PLAN CONFORMITY 4.1 within the existing Durham Regional Official Plan, the subject property is designated Residential while the recommended Regional Official Plan designates the subject property as a Living Area. Residential uses are intended to be the predominant use of property so designated and therefore the application appears to conform with both the existing and the recommended Regional Official Plans. ~) 3 8 REPORT NO. PD-92-93 PAGE 3 5. ZONING BY-LAW COMPLIANCE 5.1 within the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended, the subject property is zoned "Agricultural (A)" which requires a minimum of 100 metres of frontage and 40 hectares of lot area for newly created lots. Therefore, the applicant has applied to amend the zoning by-law in order to facilitate the creation of three (3) additional single family dwelling lots. 6 AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application has been circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received. 6.2 The Central Lake ontario Conservation Authority has advised that they have no objections to the proposal. However, some restrictions regarding minimum basement elevations may be required to avoid surcharge flooding from the nearby storm water management facilities. Nevertheless, Staff advise for the Committee's and the applicant's information that this restriction will be implemented through the building permit process. 6.3 The Public Works Department have advised that they have no objections to the proposal. However, in addition to other regulatory conditions, the applicant will be required to provide a 3.048 metre road widening along Nash Road, provide a 5.0 metre by 5.0 metre sight triangle abutting Nash Road and reimburse the Town for 50% of the costs of the road and services on Varcoe Road. Said conditions will be imposed through the consent process. '" 1, Cl ~) J } REPORT NO. PD-92-93 PAGE 4 6.4 The community Services Department has advised that they have no objection to the application subject to the applicant providing 5% cash-in-lieu of parkland dedication with the funds realized being credited to the Parks Reserve Account. 6.5 The balance of the circulated agencies which provided comments were the Town of Newcastle Fire Department, Regional Planning Department, Ministry of Agriculture and Food and Ministry of Natural Resources. None of the aforementioned agencies have provided obj ectionable comments wi th respect to the application. 7. STAFF COMMENTS 7.1 The applicant originally applied to amend the zoning by-law in order to facilitate the creation of five (5) lots. Through the Public Meeting and circulation process, the applicant experienced opposition from the westerly abutting property owner due to issues such as tree preservation, drainage, parking and the size of the lots. As previously noted, Staff resolved these issues with the applicant and the abutting property owner at a meeting on May 14, 1993. 7.2 Staff note that the issue of lot size was also raised by the Committee at the Public Meeting held on May 3, 1993. Staff advise for the Committee's information that the applicant has agreed to amend his application to propose the creation of three (3 ) additional lots with the existing house being renovated and upgraded. Al though the applicant's property has only 23.24 metres in depth, the applicant's total holdings are more than sufficient to meet the By-law's minimum requirements for lot area and lot frontage for both the retained parcel and the three (3) newly created parcels. In addition, by revising the application to create only three (3) new lots, the applicant need not apply for subdivision approval but can create the-.~~ugb-th.e consent process. ..-------------,-, )40 ....5 REPORT NO. PD-92-93 PAGE 5 7.3 Moreover, the goals of the Official Plan would be maintained in that the approval of the application would encourage the rehabilitation of the existing housing stock and provide for a range of housing types, styles, sizes, prices and tenure arrangements. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, staff would have no objection to the approval of the attached zoning by-law amendment, as applied for. The amending zoning by-law would provide for the appropriate zone category in order to facilitate the creation of three (3) additional lots through the consent process. Respectfully submitted, Recommended for presentation to the Committee Cl r ~...~ tA-hu Franklin Wu, M.C.I.P. Director of Planning and Development / Lawrence E. Kots ,f Chief Administr t~ve Officer U WM*FW*cc Attachment # 1 - Attachment # 2 - 28 May 1993 Key Map Survey Interested parties to be notified of Council and Committee's decision: Simkins Homes Ltd. 18 Prince Rupert Drive courtice, ontario LIE lZ5 Clifford and Ona Stark 1442 Nash Road courtice, ontario LIE 2K1 ~) 4 1 ATTACHMENT -#1 ~ SUBJECT SITE LOT 35 LOT 34 LOT 33 LAWSON ROAD Rl-17 A LO to tt) 0 c::t 0 a:: Z -.J 0 c::t z Rl - 0 (f)" (.9 (f) w a:: W - U :r: Z I- a:: 0 '~ U 0 <! 0 a:: w z -.J Z N AS H Rl ~~ ~i "- g ~ -10 H)Rl In C\J . . C5-3 U Z 0 U Rl ..._____;:::.-----1 KEY MAP 0 100 200 300m ~ r-_ I 50m -.------..,--..,----..-Dev~,9..3 ~66,4_,---..-- j42 2. Q 1 ::J c:L ~ \.L ~ 1 \) 1 -i .~ ~ ~ ~ 2 - '2 ~ Q -4 II La;' "0L t- I _ J' @ \f) - , G -t . . ~ ~ I G -~~ uJ ~ 8~ ce-j 51~ J J "1- ~ =t j ~ it- I i I I, I I 1 -U") u\ I I I ;r J I- I 7::J : J~# I y. -, I ~o I r- L ft I J- -J ~ ~AS3M.... +4D -_.--.-_..._.~.-.-..-.--..~.--.-._...-...~-.... I _,___._________ __ ""___~"_ __"__~____~,~__~___~~_~__~~ -.~.-..---..--...-..----------.-.-.-..-..-.---.-.. ...... - ..... '--'-'. 0" . . I ~) 4- J THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 93-_ 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 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. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Urban Residential Type Two (R2)" 2. Schedule "A" attached hereto shall fonn part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provi~ions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1993. BY-LAW read a second time this day of 1993. BY-LAW read a third time and finally passed this day of 1993. MAYOR CLERK :544 This is Scljedule '~A"; passed this~day .-'( LOT 35 CONC.3 to of By-law 93 - _, ,'1993A.D.. 17771. Z. ONING C. HANGE FROM ILL.LJ "A" TO "R 2" ~ ~ Q:: ~ ~ ~ NASH ROAD o 10 20 30m Mayor . Ibm Clerk -'--COURTICE---OO---Y- :5.45