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 �,