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Home My WebLink AboutPD-27-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV91015.GPA REPORT Meeting: File# General Purpose and Administration Committee Date: Monday, January 20, 1992 Res. #fj By-Law# Report#:__pD__27____qz File#: 91-015 Subject: REZONING APPLICATION - DAVID THOMAS ON BEHALF OF MR. & MRS. CHECCHIA PART LOT 35, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 91-015 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 27 -92 be received; 2 . THAT Rezoning Application DEV 91-015 submitted by David Thomas on behalf of Mr. & Mrs. Checchia to permit the creation of 2 additional residential lots possessing a minimum frontage of 12 metres (39 feet) 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. THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; 6. THAT the 11H11 - Holding Symbol in the amending by-law will not be removed until such time as the conditions of the related Consent applications have been cleared; 7 . THAT any delegation and those persons listed in this report be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: David Thomas 1. 2 Owner: Mr. & Mrs. Checchia 1. 3 Rezoning: From "Urban Residential Exception (R1-19) " to "Holding Urban Residential Type Two ( (H)R2) " zone. 1. 4 Area: 0. 37 ha (0. 9 acres) 2 . LOCATION 2 . 1 The subject lands are found in Part of Lot 35, Concession 2 REPORT NO. PD- 27 -92 PAGE 2 former Township of Darlington, with the municipal address being 233 Townline Road North. (Regional Road 55) . Further, the lands are situated on the east side of Townline Road, between Lawson Road and Nash Road. 3 BACKGROUND 3 . 1 On April 11, 1991 the Planning Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84- 63 , as amended, to permit the creation of residential lots having a frontage of 13 .7 metres (45 feet) each. 3 . 2 Staff note that Mr. & Mrs. Checchia made application to rezone these lands in 1987 to permit the creation of one (1) additional residential lot. This application was approved and By-law 88- 057 was passed. Subsequently, an application to sever the property was made, however, the consent was never cleared as the conditions of severance had not been met within the allotted time period. 3 . 3 In conjunction with this rezoning application, Mr. Checcia has applied to sever his lands to create two additional residential lots (LD 266-91 & 267-91) . His consent applications were heard on September 30, 1991. The Land Division Committee tabled the application until such time as the application to amend the Town on Newcastle Zoning By-law has been dealt with by Town Council. 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Existing Single Dwelling Unit 4 . 2 Surrounding Uses: East - Application for Residential Subdivision - 38 Single Dwelling Units (18T 89115) West - vacant South - Existing Single Dwelling Units North - Existing Single Dwelling Units . . . .3 REPORT NO. PD- 27 -92 PAGE 3 5 OFFICIAL PLAN POLICIES 5. 1 According to the 1976 Durham Region Official Plan, the subject site is located within the "Residential Areas" designation with an indication of hazard lands. The precise extent and limit of the Hazard Lands will be determined through comments from the Central Lake Ontario Conservation Authority. The 1991 Council approved Regional Official Plan designates the lands as "Living Area" . 5. 2 As depicted on Schedule 6. 1 of the Town of Newcastle Official Plan, the lands are situated within a "Residential" designation. Lands so designated shall be used for predominantly residential purposes. 6 ZONING BY-LAW PROVISIONS 6. 1 The subject site is zoned "Urban Residential Exception (R1-19) " . This zone permits residential development on a lot with a minimum lot area of 1700 square metres. The applicant has applied to permit the creation of residential lots having a frontage of 13 .7 metres (45 feet) . Assuming a lot depth of 65. 1 metres (213 . 6 feet) , (after the required road widening) the lots, if approved, would possess a lot area of 891. 8 square metres (9, 599 square feet) . 6. 2 It is Staff's opinion that the "Holding - Urban Residential Type Two ( (H)R2) " would be applicable. This zone permits frontages of 12 metres for residential lots. Only single dwelling units are permitted within this zone. 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. . . . .4 REPORT NO. PD- 27 -92 PAGE 4 7 .2 At the time of writing, there have been no questions or concerns expressed by any residents. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Fire Department Durham Region Planning Department Peterborough Victoria Northumberland & Newcastle Roman Catholic Separate School Board Northumberland and Newcastle Public School Board Ministry of Natural Resources City of Oshawa 8 . 2 The Town of Newcastle Public Works Department had no objection to the application. However, detailed comments have been made with respect to the associated consent applications. 8. 3 The Town of Newcastle Community Services Department has requested that the applicant provide 5% cash-in-lieu of parkland with the funds being credited to the Park Reserve account. The monies will be collected prior to fulfilment of the conditions of the related severance applications. 8 . 4 The Central Lake Ontario Conservation Authority has no objection to this application. Their comments did note that prior to any filling and/or grading, written permission must be obtained from the Conservation Authority. 8 . 5 The Durham Region Works Department have requested a 2 . 59 metre road widening. This widening will be taken as a Regional condition of severance. Any concerns they have regarding the provision of Regional Services will also be dealt with during the subsequent severance process. . . 5 REPORT NO. PD- 27 -92 PAGE 5 8 . 6 The Durham Region Health Unit has noted that the proposed lots will be too small to support private sanitary services. However, if connections are made to municipal sanitary services, the Health Unit would have no concerns. The Region has confirmed that these lands can be developed with Municipal Services. 9 COMMENTS 9. 1 The applicant has requested to amend the by-law to permit the creation of residential lots with a frontage of 13 . 7 metres (45 feet) . The subject site presently possesses 54 . 86 metres (180 feet) of frontage. Due to the location of the existing residence, Staff note that only two additional lots, could be severed. 9 . 2 Staff examined the existing lot frontages abutting this site and the proposed lot frontages of the draft approved subdivision to the east of the subject lands. The majority of lots in the draft approved subdivision have frontages of 12 metres (39.3 feet) to 15 metres (49.2 feet) . In as much as the applicant can meet the provisions of the "Urban Residential Type Two (R2) zone, it is Staff's opinion that the subject lands, if approved, be so zoned. 9 . 3 As there are related consent applications a number of the agencies will impose their requirements as conditions to be satisfied prior to clearance of the consent applications. 9.4 Staff note that if the severances and zoning amendment are approved, the existing shed on the subject lands being severed must be demolished. 9. 5 Should Council approve this application to amend the zoning by- law, then it is noted that at such time as the consent applications have been finalized, Staff would prepare a by-law to remove the "Holding (H) " symbol. . . . .6 X94 REPORT NO. PD- 27 -92 PAGE 6 10 CONCLUSION 10. 1 In consideration of the above comments, Staff recommend that this application be approved, and the attached by-law passed. Respectfully submitted, Recommended for presentation to the Committee Af� , r Franklin Wu, M.C. I.P. Lawrence Director of Planning Chief Ad nfotseff trative and Development Officer HB*FW*cc *Attachment #1 Location Map *Attachment #2 Site Survey 3 January 1992 Interested parties- to be notified of Council and Committee's decision: Mr. & Mrs. Checchia David B. Thomas R. R. #5 90 Simcoe Street North Oshawa, Ontario Oshawa, Ontario L1H 8L7 L1G 4S2 r- n i ® SUBJECT SITE LOT 35 LOT 34 LOT 33 A A P ' RE RE RE 4 I z o LAWSON ROAD Z CD (H)R1 EP 0 w Rt-!7 Rf —' A (H)R1 EP 11 U)� " Rl w _ RI-19 V o Rt o 0 z EP MRS V . Q t ARTSFI�t a o RI °� o (H)R1 A - W EP W R2-i Z O (H)Rk- J A (H) R.t-l1 O z RI 3, R1 EP RI R' - ric EP i� T NASH ROAD r KEY MAP 50-m 100 200 300m Dev. 91 -015 LOT 35 N 74°OO'OO"�E 67.793 z z N N C ti LANDS TO BE SEVERED ti m dp M M CP � LO — -- - — — — — — — — — — — — — — — — — — N Existing Shed N O a to be Demolished N z M LANDS TO BE SEVERED m z LANDS TO BE RETAINED 3 to o OEDwellind%2 Storey It 30 o N e N o I� co z z YY Existing Sheds . 1 N74°00X00E 67-793 CONCESSION 3 Dev. 91 -015 DN: Rl-19.BYL 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 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: "Urban Residential Exception Type One (R1-19)" to "Holding - Urban Residential Type Two ((H)R2)" Zone 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 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 day of 1992. MAYOR CLERK n , This is Schedule "A" to By-law 9.2 passed this—. day of_ , 1.992 A.D. PEBBLESTONE ROAD r�N.W.Angle W35 Con.3 r� OD LOT 35 , CONCESSION 3 �+ M O ( N 74°0000°E 67793 Z x 0: 3 Z � N J `° ZZ Z Y ON74000'00°E 67.793 P ® ZONING CHANGE FROM 11 RI- 19 TO "(H)R21I Mayor Clerk LOT 35 LOT 34 LOT 33 A A I RE it ° P I RE- _j M W LAWSON ROAD (H)RI II cc RI-17 RI E(p A (H)RI EF II N SUBJECT SITE RI w ° z a z RI EP 0 (H)Rf 0 o RI `yl o (H)RI Z A c R2-1 J . Z A lH) RHi 0 (H)Rk- 3 R i X3 1 P EP R1 RI (�200 m COURTICE NASH Roan�r F Vim, ti