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HomeMy WebLinkAboutPD-139-90 TOWN OF NEWCASTLE /yam. REPORT File # rrg Res. # By-Law # - zt MEETING: General Purpose and Administration Committee DATE: Monday, April 23, 1990 REPORT #: PD- 139-90 FILE #: DEV 90-008 (X-REF LD 130/90) REZONING APPLICATION - PAM AND ROY GOOD PART LOT 35, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-008 (X-REF LD 130/90) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-139-90 be received; 2 . THAT Rezoning Application DEV 90-008 submitted by D. G. Biddle and Associates on behalf of Pam and Roy Good to permit a single family dwelling lot 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 "Holding - (H) " symbol in the amending by-law be removed at such time the applicant has satisfied the conditions of the related Land Severance application; and 7 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Pam and Roy Good 1.2 Rezoning Application: from "Agricultural (A) " to an appropriate zone to permit the development of one ( 1) residential lot. . . .2 5 / % 01/1 REPORT NO. : PD-139-90 PAGE 2 1. 3 Land Severance Application: to permit the creation of one ( 1) 13 .78 metre (39 ft) single family dwelling lot. 1.4 Land Area: 0 . 176 Ha (0.435 Acres) 2. BACKGROUND 2 . 1 An application was received by the Town of Newcastle Planning and Development Department on January 24, 1990, proposing to rezone a 0 . 17 Ha parcel of land fronting on Varcoe Road to allow for the development of one ( 1) single family dwelling lot. 2 . 2 The applicant has also submitted an application to the Land Division Committee which was heard on March 2, 1990. The proposed severance was TABLED at the request of Newcastle Planning Staff to allow the Town Council time to deal with the subject rezoning application. 3 LOCATION 3 . 1 The subject property is located in Pt. Lt. 35, Conc . 3, former Township of Darlington and is municipally known as 68 Varcoe Road. The subject lands have approximately 41. 3 metres ( 135 ft) frontage on the west side of Varcoe Road. It is north of Nash Road, south Hartsfield Drive, and east of the Harmony Creek. 4 EXISTING AND SURROUNDING USES 4 . 1 Existing uses on the site include a single family dwelling which is proposed to be retained on a separate lot should the rezoning and land severance both be approved. Surrounding land uses include strip residential development to the north and south, a fully developed residential plan of subdivision to the east and predominantly vacant lands to the west. . .3 599 1 � REPORT NO. : PD-139 -90 PAGE 3 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 within the prescribed distance. As of the writing of this report one letter of support has been received from neighbouring landowners . 6 OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is designated 'Residential' . The residential policies allow for development of housing and encourage a variety of type and style. The application would appear to comply. 6 .2 Within the Town of Newcastle Official Plan, Courtice Major Urban Area, the subject lands are within neighbourhood ' lA' and are designated 'Residential' . The predominant use of lands within said designation shall be for housing purposes . The application has a net residential density of 11.2 units per hectare. The Official Plan permits a maximum of 15 in the low density residential designation. The application would appear to comply. 6 . 3 Within the Courtice West Neighbourhood Plan the subject property is within an area that does not contain detail development criteria at this time. Staff are currently reviewing this particular neighbourhood plan in order to provide development details for the lands bounded by Varcoe Road, Nash Road, Townline Road North and the northern limits of the urban boundary (approximately Lawson Road) . The impact of this development on the proposed neighbourhood plan appears to be minimual, as the rear yards may be further developed in accordance with the neighbourhood plan as proposed. . . .4 599 11 REPORT NO. : PD-139-90 PAGE 4 7 ZONING BY-LAW PROVISIONS 7 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject lands are zoned 'Agricultural (A) ' . Said zone provisions allow for agriculturally related uses as well as limited residential, amongst other uses . The 'A' zone may also be used in the place of a 'Holding (H) ' symbol within urban areas. 8 AGENCY COMMENTS 8 . 1 The subject application was circulated to a number of agencies and departments for comment. The following agencies offered no objection or concerns with the application as submitted: the Separate School Board; the Public School Board; and the Town of Newcastle Fire Department. 8 . 2 The Town of Newcastle Community Services Department advise that the planned population of the subject neighbourhood would be served by Courtice West Park and a future parkette north of the subject site. Community Services Staff have no objection subject to a five" percent (5%) cash-in-lieu of parkland dedication. 8 . 3 The Town of Newcastle Public Works Department commented that they have no objection to the application subject to a number of conditions: That the applicant bear the costs ( 100%) of any works on Varcoe Road which are necessitated as a result of this development; that the applicant provides a cash contribution for street lighting ($525 . 00) ; that the applicant provide a lot grading plan acceptable to the Director of Public Works; and that in accordance with the subdivision agreement for abutting lands, the applicant shall reimburse the Town for 50% of the costs of the roads and services ($2506 .44) . 8 .4 Central Lake Ontario Conservation Authority has advised that the subject lands are subject to Ontario Regulation 161/80, requiring written permission from CLOCA prior to any filling or grading on site. ,5 59i 1l . . REPORT NO. : PD-139-90 PAGE 5 8.5 The Region Planning Staff have noted that the lands are designated residential in both the Durham and Town Official Plans and the application appears to conform. In addition, full municipal services are available to the site from existing services on Varcoe Road. 9 STAFF COMMENTS 9 . 1 The subject application is an infilling situation between two existing dwellings . The lands both to the north and south on Varcoe Road have existing single family dwellings with relatively deep lots . The development of the proposed lot would not have an impact on the proponents ability to sever the rear portion of the lot for future development at a latter date. The application to create one ( 1) additional residential lot would appear consistent with existing uses fronting on Varcoe Road. 9 .2 As noted previously, the applicant is seeking to create a lot having a 13 . 78 m frontage. Although Staff have no difficulty with the concept, the lot frontage is of concern. The existing dwellings fronting on the east side of Varcoe Road are all currently 15 .0 m (50ft. ) minimum frontages . Any redevelopment of lots on the west side of Varcoe Road should be consistent with this and also provide 15. 0 m (50ft) minimum frontages . In addition, Varcoe Road is designated as a collector road in the Town of Newcastle Official Plan, although the function of this road is to permit access to adjacent lands, it also distributes traffic between local roads and arterial roads . Therefore it is reasonable to maintain limited access, which can be further achieved with larger frontages . 9 . 3 The applicant has advised that should a 15 . 0 m minimum frontage be required, the required site yards ( 1. 2 m) would be maintained between the existing dwelling and accessory structures on the retained lot and the new lot line. 6 599 1D . . . . REPORT NO. : PD- 139-90 PAGE 6 10. CONCLUSION 10. 1 In consideration of the above, Staff would have no objection to the proposal to create one additional single family dwelling lot as revised to a 15. 0 m minimum frontage. Therefore, Staff recommend approval of the attached zoning by-law amendment. The removal of the "Holding (H) " prefix will require Council approval, at such time as the Land Severance is approved and the Town's conditions are satisfied. Respectfully submitted, Recommended for presentation to the Committee I I r Franklin Wu, M.C. I .P. Lawrence E. Kotseff Director of Planning i` Chief Administrative and Development Officer CP*FW*cc *Attach 10 April 1990 Interested parties to be notified of Council and Committee's decision: Pam and Roy Good 68 Varcoe Road BOWMANVILLE, Ontario ME 1N2 D. G. Biddle and Associates Ltd. 96 King Street East OSHAWA, Ontario MH 1B6 ATTN: Bill Creamer Mr & Mrs Van der Vleuten 76 Varcoe Road BOWMANVILLE, Ontario ME 1N1 5 91 1 /1 SUBJECT SITE LOT 35 LOT 3 4 LOT 3 3 A P .RE = LAWSON ROAD (H)Rl EP o -17 RI Z (H)RI ER � M 14 c�Nle 1 R1 cr R1-19 i Z W a ° z °� EP l 0 WRM V) J W HARTSFIEL I oR1 ` W F- a (H)R1 V r EP z N A ' -' W A �,-�, o ���4 0 EP R l R1 EP NASH ROAD 0 50 a0 200 300.E KEY MAD, Soft � Dev. 90-008 599 15 DN: 90008.13L 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 to allow the development of one residential lot (DEV 90-8); 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: "Agricultural (A)" to"Holding - Urban Residential Type One ((H)R1)" 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 59 16 This is Schedule "A" to By-law 90 passed this day of , 1990 A.D. I-(N 73009'47"E 43 m!}- 0 o� M O Co z tl E n 0 M Q 00 W E ion W M 0 I-C N 73 006'56"E 43 m !> ro ui 0 \M T ZONING CHANGE FROM 'A' TO '(H)R1' Lot 35 Co— Lot 35 na3 O 10 20m 6m Mayor Clerk LOT 35 LOT 34 LOT 33 II = LAWSON ROAD �I (H)R1 o -17 RI EP z M o " RI Z 0: R,ae O Ld W A z EP W 0 F3° a (H)RI V i- A R2-i Z 3 A R RI-11 0 1H1R4- O 3-7 h 3- EP R1 RI NASH ROAD 300.COURTICE ti