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Home My WebLink AboutPD-93-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV89133 .GPA REPORT Meeting: General Purpose and Administration Committee File# 3 Date: Tuesday, April 21, 1992 Res. # Report#: PD-93-92 File#: DEV 89-133 (LD 41/90 TO LD 44/96414tE Subject: REZONING APPLICATION - 621182 ONTARIO LIMITED. PART LOT 9, CONCESSION 2, FORMER TOWNSHIP OF BOWMANVILLE FILE: DEV 89-133 (X-REF LD 41/90 INCLUSIVE TO 44/90) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-93-92 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 , as amended, submitted by Irwin Hamilton and Associates on behalf of 621182 Ontario Limited 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; and 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: 621182 Ontario Limited 1. 2 Agent: Irwin Hamilton and Associates 1. 3 Rezoning Application: from "Agricultural (A) " to appropriate zone to permit the development of five (5) single family residential dwelling units. 1.4 Land Area: 0. 303 ha (0. 748 acres) 2. LOCATION 2 . 1 The subject property is located on the west side of Mearns Avenue, north of Concession Street and south of Canadian Pacific Railway right of way in the Bowmanville urban area. The property is legally referred to as being within Part Lot 8, Concession 2, former Town of Bowmanville._ 1C . . .2 REPORT NO. : PD-93-92 PAGE 2 3. BACKGROUND 3 . 1 In November of 1989, Irwin Hamilton filed an application with the Town of Newcastle on behalf of 621182 Ontario Limited, to amend the Town's Comprehensive Zoning By-law, 84-63 . The purpose of the application is to change the present "Agricultural (A) " zone category to permit the development of five (5) single family dwelling lots on the 0. 3 ha parcel of land. The creation of the five residential lots is contingent on approval of the rezoning application, and applications for land severance LD 41/90 inclusive to 44/90. 3 . 2 In addition, the application for by-law amendment is related to registered Plan of Subdivision 40M-1688 . Said plan of subdivision, which surrounds the subject property, will provide the street frontage and access necessary for the proposed lots. 4 EXISTING AND SURROUNDING USES 4 . 1 The existing site is currently vacant. 4 . 2 Surrounding land uses are as follows: South: lands currently being developed in conjunction with registered Plan of Subdivision 40M-1688 and new residential development associated with plan of subdivision 40M-1676. East: Mearns Avenue and vacant lands subject to draft approved plan of subdivision 18T-88037 . North: land currently being developed in conjunction with Plan of Subdivision 40M-1688 and vacant land West: . land currently being developed in conjunction with Plan of Subdivision 40M-1688 5 PUBLIC MEETING AND RESPONSE 5. 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 �.f4 U . . . 3 REPORT NO. : PD-93-92 PAGE 3 and tenant within the 120 metre prescribed distance. As of the writing of this report no letters of objection or concern with regards to the applications have been received. No one spoke at the Public Meeting in opposition to the application. 6 OFFICIAL PLAN POLICIES 6. 1 In the existing 1976 Durham Regional Official Plan the subject property is designated as "Residential" within the Bowmanville Major Urban Area. In the June 1991, Regional Council approved Official Plan policies the subject lands are designated "Living Area" within the Bowmanville Major Urban area. The policies of the two plans are otherwise consistent and would permit the development of the proposed residential lots. 6. 2 Within the Town of Newcastle Official Plan the subject property is designated "Low Density Residential" within the Bowmanville Urban Area. Said policies permit residential development to a maximum of 30 units per net hectare. The application is proposing a density of 16. 6 units per net hectare. The application would appear to comply. 7 ZONING 7 . 1 The current zoning on the subject property is "Agricultural (A) " . Within the urban boundary the "A" zone is used as a tool to restrict unplanned development as it does not permit residential development contemplated in an urban form. 8 AGENCY COMMENTS 8. 1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. All the circulated agencies advised that they have no objection to the proposed zoning amendment. The Conservation Authority and the Newcastle Public Works Department both commented that the proposed lots must comply with Master Drainage Plan for the watershed. REPORT NO. : PD-93-92 PAGE 4 9 STAFF COMMENTS 9. 1 The applicant is proposing to rezone a 0. 3 ha parcel of land to permit the development of five (5) single family dwelling lots. The lands are also subject to application for land severance which was previously TABLED and is scheduled to be re-heard on Monday May 4 , 1992 (LD 41/90 and LD 44/90) . Approval of the rezoning and severance applications would permit the development of 'three, 12 . 0 m minimum frontage lots and two, 15. 0 m minimum frontage lots fronting on the extension of Apple Blossom Blvd. The construction of Apple Blossom Blvd. is taking place through the development of registered Plan of Subdivision 40M-1688. 9. 2 Staff are satisfied that should the rezoning and the related severance applications be approved, there will be conditions imposed through the land severance process to ensure compliance with the Master Drainage Plan. In addition to the Master Drainage Plan, all other Town conditions, including compliance with the provisions of the subdivision agreement, will be specified through the consent approval. 10 CONCLUSION 10. 1 In consideration of the comments contained within this report, Staff would recommend approval of the rezoning application to permit the development of the five (5) single family dwelling lots. It is respectively recommended that Committee recommend to Council adoption of the attached zoning by-law amendment. Respectfully submitted, Recommended for presentation to the Committee t Franklin Wu, M.C. I.P. Lawrence E. of eff DIrector of Planning Chief Admini t ative and Development Officer CP*FW*cc 13 April 1992 `; `} . . .5 REPORT NO. : PD-93-92 PAGE 5 Attachment No. 1 - Key Map Attachment No. 2 - Location Sketch Attachment No. 3 - Amending By-law Interested parties to be notified of Council and Committee's decision: Irwin Hamilton and Associates 1 Division Street BOWMANVILLE, Ontario L1C 3K8 621182 Ontario Limited 30 Wertheim Court Commerce Gardens, Suite 9 RICHMOND HILL, Ontario L4B 1B9 i SUBJECT SITE LOT 10 LOT 9 LOT 8 I A j � I4 I r I I I i _ I I wj wI � ¢ w � j QI A , z - I A I - EP z I 0 w ' R1 QI cn J�I Rl W R2 V I R2 w Z I Z w I 0 w V a I Ri Rt A r 0 `I rs m ' fu 8 CONCESSION STREET o so too zoo 30om om , KEY MAP Dev. 89- 133 SUBJECT SITE L 0 1' d C 0 N C C S S I O N 2 I ., • j • • j w'1• •I •fl'f.1 V I 11 C• ( I ). `w 11 b '..4 ,,., o ,.A -,.e.., b.r«;•:;a 7 .q" V E N U E _ .• - I PARI J Fr S&• „ i �• .� w�f � 1� .i �--.—.._..-I I - I ..°.'v`�'•-•.�:..��I � �- wSG No. , 31 51 t ( -2260( +• 10C`� ldeiieo 1 7 i `� o. is I IJ 10' :—� a _ 7 a I I) I 101796 ._. —f l I PAR( I 'PAR)J I 9c II 44' u ; !1....7.,, ~ .d).....N� fit. ..SO.. ..L ..u.•,.......�.. .1....•,W. It L �,._ Lj PLAN ICR:-see +` —j wS7. Na u 1 Ss •� `I ` T.J j 1�r- ?'�''\ Qi•' -i':-'� 'C.'_'._D 114627 « i1 x •i 14 r, n u u _._1 1 j I } .j d• I( I r I.J 1 � L III 1 W ,t j L.. .I i.. .iW l..�...n.l. .u. t..l.. .; •..�. ... ...j. .....y*y �n..... . .... .. C,`. u I o ` } I I (� 33•;. V • , 37 311 �---• I r >9 1 €-,.—' ' _._1.11. 1 WO t 7 3 o a 167 Q6S i. ,os ,a �(7y��X_ 61 i ,w!r .... .. _ R......A.. .. ....5' H.... .A. W.. ��/� F E—TI co I I ,,��,I ` , , (.y"•�'t �"��` '�"�_ I� �[vn7 � [zv7 ] lar-Jllo( � •��>r, W I a / \31; ; •si(.?�i 32j ,al ��ss_q� �o Je �Sg-Jr Ji Jo Je Ja J•.I 1 JJ Jo • , d 1 17 In n I " .�-t I Js ( j try r, sa PAR 1 J k J I V 1 26 17 v ,c 32 PO \ / I�� F'— r-1-i —r—�—1-t--LT—r— r—T—'—>: ( i I I / RfPt/ASIwALLACt NCRRfCXS EPLAN(QQ PpQ 1IR k ORADSN4w J ct \J" `O 0�0' w y Ali�j. 36 39 .60 e, 62 63 6I 63 66 13 N JJ I JI I 19 I) 13 1J II 9 7 3 0 C _ 5J* 1.1 (.e1 I J7 1 Js ( JJ( JI 1 Jo I J71 / V Q/ JI I, . '� '- L—L._.J_I—L—J:._ U 79 STREET c . .' L.20 _)CL J J I .w y % \ I" 1 19 ) .t �.-1— -r— F—1—7—I——i—— rMANN—ST_ (UNOI'ENCD) J, i..J7 7.1 1 77 1. 1 70 1 ":, 1 ae 1 a7 1 I I 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 to permit the development of five (5) residential lots (LD 41/90 to LD 44/90 inclusive) . NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule 113" 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)11; "Agricultural (A)" to "Urban Residential Type One (R1)"; and "Urban Residential Type One (R1)" to "Urban Residential Type Two (R2)" as shown on Schedule "A". 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 X46 This is Schedule "A" to By-law 92- passed this day of—, 1992A.D. APPLE BLOSSOM BOULEVARD PART 10 6 PART I BLOCK 107-0—W o'i k-,errv_ u 0. PART 9 PART 8 iW D 45 ... .. ........... z W Xi i*:ix.. W M 46 ;Q z m .:5 W 47 7 ZONING CHANGE FROM 'A' TO' R1' ZONING CHANGE FROM 'A' TO'R2' ZONING CHANGE FROM 'RI'TO'R2 0 5 10 20m Mayor 543210 Clark LOT 10 LOT 9 LOT 8 H EP R2 A R R2- X30 1 (H) R3 OJI W (H)R2 z 0 m z W (n cn R (H) W Uj EP z A (H)RI z R 1 0 (H) L) R1 R 3 co LU A H)R2 R2 _j Rz SUBJECT SITE R2 R1 (H)R1 A R1 Rt A R2 (H F3 iA R3 R1 EP 200 300M BOWMANVILLE mm= =_1 I e0m 0 mmm