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Home My WebLink AboutPD-19-89 DN: 18. 5 (e) L''T�1}✓''ra"�"�""" p- TOWN OF NEWCASTLE REPORT File # 60. ,° .� � Res. By-Law # hEEfING: General Purpose and Administration Committee DATE: Monday, January 23, 1989 REPORT #: PD-19-89 FILE #: DEV 88-108 SUBJECT: REZONING APPLICATION - C.P. SWALLOW PART LOT 20, CONCESSION 2, FORMER TWP. OF DARLINGTON OUR FILE: DEV 88-108 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-19-89 be received; and 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by C.P. Swallow, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT a copy of Council's decision be forwarded to the applicant and the interested parties indicated hereto. I 1. BACKGROUND: 1.1 On October 6, 1988, the Town of Newcastle Planning and Development Department received an application for amendment to the Town's Comprehensive Zoning By-law 84-63, as amended. The proposed rezoning is to permit the creation of three (3) lots having an area of 2.02 ha (5 acres) each. The subject property is located in Part Lot 20, Concession 2, .former Township of Darlington. . . .2 cf REPORT 00~ : PD-19-89 PAGE 2 _______________________________________________________________________________ 1.2 Staff note that an application for rezoning had originally been submitted February, 1987 (DEV 87-13) . This application had been made in uol47ort of land severance applications LD 763/86 and LD 764/86. The applicant's (Mr. Swallow) intention is to create three (3) 5 acre lots as indicated on the attached schedule. The three (3) lots existed prior to 1950x at which time be gained sole title to the three (3) parcels, which in turn had the effect of melding the properties creating one (l) 15 acre lot. Two (2) of the proposed 5 acre lots support existing single family dwellings and barns. 1.3 The previous rezoning application (DRV 87-13) was dealt with by Town Council on &DciI 27, I987 and the Zoning Amendment was approved by Council to aIImv the creation of the three (3) lots. The Region of Durham, however, filed an objection to the amendment as it was considered not to be in conformity with the Durham Regional Official Plan. The appeal was heard by the Ontario Municipal Board on November l%' 1987 and the appeal was allowed. 1.4 The applicant than made application to the Region for an Official Plan Amendment to allow three (3) non-farm related residential lots. On February 2' 1988' Application 0D& 87-91/D was approved allowing the three (3) subject lots. This amendment received Ministerial approval in May of 1988. 1.5 Staff would note for the Committee's information that pursuant to council's resolution of July 26' 1982 and the requirements of the Planning Act' the appropriate aiguage acknowledging the appIiatiou was installed on the subject lands and, surrounding property owners were advised of the proposal. 2" OFFICIAL PLAN CONFORMITY: 2.1 As noted above, Amendment 0o. 188 to the Durham Regional Official Dlmu amended the Plan by adding a new Subsection (k) to Section 10.2.3.3. REPORT NO. : PD-19-89 PAGE 3 ------------------------------------------------------------------------------- This amendment allows three (3) lots to be located on the northeast corner of Bloor Street and Holt Road, Part Lot 20, Concession 2, former Township of Darlington. 3. COMMENTS: 3.1 To date comments have been received from all but three (3) agencies. Those being Regional Planning, Regional Works, and Ontario Hydro. The Town's Public Works Department has concerns with the application with regards to an existing watercourse which traverses one of the proposed lots. Verbal comments from the Central Lake Ontario Conservation Authority have also suggested they are not prepared to recommend favourable comments until the watercourse is further reviewed and its impact on development assessed. 3.2 Other commenting agencies such as the Town of Newcastle Fire Department, the Regional Health Department, and the Ministry of Agriculture and Food have all commented with no objection. The Town of Newcastle Community Services Department has also noted no objection to the proposal subject to the payment of 5% cash-in-lieu of parkland dedication. 4. STAFF COMMENTS: 4.1 In consideration of the above-noted comments, Staff is not prepared to approve this zoning by-law amendment until the applicant can satisfy the concerns of both Central Lake Ontario Conservation Authority and the Town's Public Works Department. At such time as the extent of hazard (floodprone) lands has been determined or the watercourse is altered to pass around the site, Staff will be in a position to make a final recommendation on the zoning of the subject site. . . .4 �~ REPORT 00. : PD-19-89 PAGE 4 _______________________________________________________________________________ Respectfully submitted, Recommended for presentation to the Committee _ -- -------------- Franklin Wu, M.C.I.P. Lawredc aeff Director of gIauuiog & Development Chief &dm ui zative officer CP*FW+ 'ig *Attach. January 13/ 1989 CC: Strike 6 Strike Barristers 6 Solicitors P.O. 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