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HomeMy WebLinkAboutPD-56-90 " ' � TOWN OF NEWCASTLE u t REPORT File # N: JOLLY Res. # By-Law # Q. SING: General Purpose and Administration Committee DATE: Monday, February 5, 1990 REPORT #: PD- 56 -90 FILE #: DEV 88-113 SUBJECT: REZONING APPLICATION - RAMESH JOLLY PART LOT 19, CONCESSION 1, TOWNSHIP OF CLARKE FILE: DEV 88-113 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 56 -90 be received; 2 . THAT Application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Ramesh Jolly to permit the development of three (3) non-farm 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 . THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; and 6 . THAT any delegation and those persons listed in this report be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Dr. Ramesh Jolly 1.2 Rezoning: From - "Agricultural (A) " to an appropriate zone to permit three (3) non-farm related residential lots to be developed in conjunction with abutting lands . 1. 3 Area: 4039 m2 ( 1 acre) . . . .2 561 REPORT NO. : PD- 56 -90 PAGE 2 2 . BACKGROUND 2 . 1 In November 1988, the Planning and Development Department received an application from Armond Young on behalf of Bouf's Investment to amend the Town's Comprehensive Zoning By-law 84-63, as amended. The application proposes to rezone 4039 sq. m ( 1.0 acre) parcel of land from "Agricultural (A) " to a residential zone so that this one acre property could be developed for 3 non-farm residential lots in conjunction with the abutting property fronting on Highway # 2 which is currently zoned "Rural Cluster (RC) " . 2 .2 The applicant has also submitted applications for consent (LD 617/88 inclusive to LD 619/88) . At the meeting of February 27, 1989, the application was TABLED by the Land Division Committee for one ( 1) year to allow the applicant to complete the application for zoning by-law amendment. 2 . 3 Bouf's Investment has since sold its interest in the subject application and the new owner and applicant is Ramesh Jolly. 3. LOCATION 3 . 1 The subject property is located in Part Lot 19, Concession 1, former Township of Clarke. The subject land is on the south side of Highway # 2, west of Brownsville Road and east of Golf Course Road. 4 . EXISTING AND SURROUNDING USES 4 . 1 The subject lands are currently vacant. A portion of the lands have been used agriculturally. ,562 . . . 3 REPORT NO. : PD- 56 -90 PAGE 3 4 .2 Surrounding Land Uses include: West: Agricultural and limited Residential North: Agricultural and Residential East: Residential South: Vacant Agricultural lands . 5 . PUBLIC NOTICE AND SUBMISSIONS 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, and appropriate notice was mailed to each landowner within 150 m (400 ft. ) of the subject site informing them of the Public Meeting date. As of the writing of this report, no written submissions have been received. 6 . OFFICIAL PLAN POLICIES 6 . 1 The subject lands are designated "General Agricultural" in the Durham Regional Official Plan. The predominant use of lands within said designation shall be for agricultural and farm-related uses. However, limited non-farm residential dwellings may be allowed, provided it is an infilling situation within a residential cluster. 6 .2 The application involves adding land to an existing Rural Cluster zone and staff is satisfied that it conforms to the policies of the Official Plan. 7 . AGENCY COMMENTS 7.1 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: . . .4 5 6 3 REPORT NO. : PD- 56 -90 PAGE 4 Newcastle Fire Department Durham Regional Health Department Ministry of Agriculture and Food. 7 .2 Town of Newcastle Public Works Department noted no objection to the proposal provided their conditions of approval on the related Land Division application remain applicable. These conditions address the need for a lot grading plan. 7 . 3 The Town of Newcastle Community Services Department provided no objection to the application subject to a 5% cash-in-lieu of parkland dedication to be collected through the consent process. 7 .4 The Ministry of Transportation comments noted they are prepared to allow an entrance to serve each potential lot. However, the Ministry requires all buildings must be setback a minimum of 14 m (45 ft. ) from the property line or 26 m (85 ft. ) from the highway centreline, whichever is greater. In addition, Ministry permits are required for all buildings prior to any construction being undertaken. 7 .5 Regional Planning Staff noted the subject property is designated "General Agricultural" in the Durham Plan and is recognized in the Town's Comprehensive Zoning By-law as being partially located in a cluster. The comments noted that Council should consider Sections 10 .2 . 1. 3 subsections (i) through (v) and 10.2 . 1 .4 of the Durham Region Official Plan. The policies further noted that for clusters identified prior to Amendment No. 155 ( 3/3/87) to the Regional Plan, local municipalities have the opportunity to re- evaluate the extent of the existing cluster. However, once reviewed, no further extensions would be permitted. 8 . STAFF COMMENTS 8 . 1 Staff have reviewed the application with regards to the provisions . . .5 `� 6 REPORT NO. PD- 56 -90 PAGE 5 of the Regional Official Plan for rural non-farm related residential development. As noted above, limited non-farm residential may take place in the form of Clusters if recognized within the local Zoning By-law. New development within a Cluster may be in the form of infilling between two dwellings. 8. 2 The application would appear to comply to Regional Cluster policies given the land to be rezoned only expands to the south limits of the cluster to recognize the lot area requirements of the "RC" zone provisions . 8 . 3 Due to the number of existing residential dwellings within the vicinity of the subject site, the applicant was requested to provide a ground water availability study. The purpose of the study was satisfy Staff that the proposed lots and future development thereon would not adversely impact existing wells. 8.4 In December of 1989 , Gibson and Associates provided a Ground Water Availability report for the proposed development. The study notes that virtually all of the existing neighbouring wells are shallow and consist of bored wells that tap the shallow overburden. There are six (6) small diameter drilled wells, five (5) of these penetrate to a depth of 14 m to 25 m and one reaches 64 m. The study concludes that adequate ground water resources exist in the deeper aquifer systems to meet the needs of the proposed severances without affecting the existing competitive users of the deeper aquifer which are few and widely spaced. 8 .5 The study also makes recommendations with regards to servicing the subject lots . These recommendations will be included in the consent conditions . The lands presently zoned "RC" total 4961 m2 and have a 108 .5 m2 frontage. Although the frontage would be more than sufficient to create three (3) lots, the lot area would only permit one lot. The area to be rezoned (4039 m2) would suffice to allow the creation of the three (3) lots as per the provisions of the rural cluster zoning. . . . 6 565 REPORT NO. : PD- 56 -90 PAGE 6 8 . 6 The comments received from circulated agencies have not produced objections or negative comments to the proposal. The requirements of Community Services and Public Works can both be accommodated through the related land severance applications, while the Ministry of Transportation Ontario comments with regards to setback requirements can be addressed through the rezoning process. 9 . CONCLUSION 9 . 1 In consideration of the comments received from circulated agencies, and the applications conformity to the Official Plan policies, Staff would have no objection to the proposed zoning by-law amendment to extend the current boundaries of the rural cluster zone. The rezoning would allow the development of three (3) additional non-farm related residential lots . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. LawrencVi 6Kotseff DIrector of Planning Chief A strative and Development Officer CP*FW*cc *Attach 25 January 1990 Interested parties to be notified of Council and Committee's decision: Dr. Ramesh Jolly President, 168215 Canada Inc . 220 Viceroy Road, Unit 1 CONCORD, Ontario L4K 3C2 Larry Gold 2040 Yonge Street Suite 300 TORONTO, Ontario M4S 1Z9 G. M. Sernas and Associates Attention: Nick Mensink 110 Scotia Court, Unit 41 WHITBY, Ontario L1N 8Y7 16 h DN: JOLLY THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- 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. Section 7.3 'SPECIAL EXCEPTION - RURAL CLUSTER (RC) ZONE" of By-law 84-63, as amended, is hereby further amended by adding thereto the following new Subsection 7.3.9 as follows: "RURAL CLUSTER EXCEPTION (RC-9) ZONE Notwithstanding Section 7.2, those lands zoned RC-9 on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Frontage (minimum) 35 m b) Front Yard Setback (minimum) 14 m 2. Schedule 112" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) " and "Rural Cluster (RC) " to "Rural Cluster Exception (RC-9) " Zone as shown on the attached Schedule "A" hereto. 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 1990. BY-LAW read a second time this day of 1990. BY-LAW read a third time and finally passed this day of 1990. MAYOR CLERK 567 This is Schedule "A" to By-law 90 passed this—. day of , 1990 A.D. HIGHWAY N-° 2 F� 108.56 }—A 30-48 N ti d' d' F N O N v N 0 � M s x G v F—( 108.56 N-1 c m e .J L LOT 19 , CONCESSION I ® ZONING' CHANGE FROM ' RC ' TO ' RC-9 ' ® ZONING CHANGE FROM ' A ' TO ' RC-9 ' 0 10 20 40 60m Mayor 40m302010 0 Clerk 24 23 22 21 20 19 18 17 16 15 CONC SSIO ROAD 3 I � � A-9 E i M3 ER N A, i z I I 0 J A Aje > N o , ' o M3 V �i ,P HIGHWAY N9 2 I RC I _ ;A HWY. 401 C62 i E ' Z . M2-4 A C: 1 I I > -0 260 5W m Former Township of CLARKE 500m 100 - NMI �,