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Home My WebLink AboutPD-193-90 TOWN OF NEWCASTLE l el �t REPORT Fi ie # � ,/1, ( N: DEV88102 .GPA ,- .:,1 �� Res. # h14-4 . By-Law # MEETING. General Purpose and Administration Committee DATE: . Monday, June 4, 1990 REPORT #: PD-193 -90 FILE #: DEV 88-102 (X-REF 18T-88051) SECT: REZONING APPLICATION -FRAM BUILDING GROUP PART LOT 13, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE: DEV 88-102 (X-REF 18T-88051) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD 193 -90 be received; 2 . THAT Rezoning Application DEV 88-102 submitted G.M Sernas and Associates on behalf of Fram Building Group to prohibit buildings within the Open Space block be APPROVED; 3 . THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 4 . THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; 5 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1 . APPLICATION DETAILS 1. 1 Applicant: Fram Building Group 1.2 Agent: G. M. Sernas and Associates Limited 1 . 3 Rezoning Application: from "Urban Residential Type One - Holding ( (H)R1) " to "Environmental Protection (EP) " as required in accordance with the conditions of Town approval of Plan of Subdivision-, (-18T-88051) . . . .2 .) _1 1. REPORT NO. : PD- 193-90 PAGE 2 1.5 Land Area: a portion of the 2 .26 Ha (5.58 Acres) 2. BACKGROUND 2 . 1 An application was received by the Town of Newcastle Planning and Development Department in March, 1990, proposing to rezone a total of 2 .26 Ha of land within a Town approved Plan of Subdivision. Said Plan ( 18T-88051) being 10.46 Ha of land in total area. The rezoning application has been submitted in accordance with conditions of Town approval, said conditions required the lands identified as Open Space on the proposed plan be recognized in a zoning category for flood and/or erosion control, the proponents proposed Plan of Subdivision ( 18T-88051) is currently before the Region of Durham for Draft Plan Approval. 3 LOCATION 3 . 1 The subject property is located in Pt. Lt. 13, Conc . 2, former Town of Bowmanville. The applicants total holdings is 10 .44 Ha, which are situated on the west side of Scogog Street and south of Mill Lane. The subject lands are bounded to the west by the Bowmanville Creek and to the south abut the rear yards or existing residential fronting on Jackman Road. 4 EXISTING AND SURROUNDING USES 4 . 1 The subject land is vacant. Surrounding land uses include: North: existing residential fronting on Mill Lane, proposed Plans of Subdivision 18T-87086 . West: limited existing residential fronting on Scogog Street, existing residential east of Scugog St. and south of Fourth ST. , as well as Draft Approved Plan of Subdivision 18T-86069 . South: existing residential fronting on Jackman Road. East: Bowmanville Creek and its associated valley lands . 5 PUBLIC MEETING AND RESPONSE 5. 1 Pursuant to Council's resolution of July 26, 1982 and the . . 3 REPORT NO. : PD-193 -90 PAGE 3 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. 5 .2 As of the writing of this report no letters have been received either in support or in opposition to the applications as submitted. 6 OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is designated 'Residential' with "Hazard Land" indications . 6 .2 Within the Town of Newcastle Official Plan, Bowmanville Major Urban Area, the subject lands are within neighbourhood 12A' and are designated 'Low Density Residential' . The subject lands are also characterized by a "Hazard Land" indication which has been identified as an Open Space block (81) . Said block is the purpose of the application to rezone the lands to "Environmental Protection (EP) " zone, in compliance with the local Official Plan and the conditions of Town Approval. The application would appear to comply. 7 ZONING BY-LAW PROVISIONS 7 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the entire subject site is zoned 'Urban Residential Type One - Holding ( (H)R1) ' . The residential zone provision allows for 15 . 0 m minimum frontage single family dwellings units as well as semi-detached/link units having a 18 . 0 metre minimum frontage lot. The Conservation Authority has requested a zoning which prohibits structures on the subject lands . 8 AGENCY COMMENTS 8. 1 The subject application was circulated to a limited number of agencies and departments as the proposed plan of subdivision has received Town approval and the subject rezoning application has (�'3) J'. . .4 REPORT NO. : PD- 193-90 PAGE 4 been submitted in order to satisfy a condition of approval. The Ministry of Natural Resources, and the Town of Newcastle Public Works Department have respond that they have no objection to the rezoning as applied for. 8 .2 The Conservation Authority has requested that the "EP" zone line as it abuts lots 46 to 49, 56 to 59, 66 and block 79 be considered flexible to reflect the top-of-bank as per a physical site survey. 8 . 3 The Community Services Department has advised that they have no objection to the application, subject to the open space blocks being dedicated to the Town gratuitously. 9 STAFF COM ONTS 9 . 1 The subject application is proposing to rezone a portion of the proponents holdings to recognize the lands which have been set aside for storm water management. The Open Space block as Town Approved in Plan 18T-88051 recognizes a small tributary which traverses the applicants lands. This application would allow the lands associated with this water source to be recognized in the appropriate zone category as required by the CEntral Lake Ontario Conservation Authority as a condition of Town Approval. 10 CONCLUSION 10 . 1 In consideration of the comments contained within said report, and the approval previously given by Committee and Council to the related subdivision application, Staff would have no objection to the approval of the application to rezone the open space blocks to environmental protection (EP) . REPORT NO. : PD- 193-90 PAGE 5 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawre ce otseff DIrector of Planning Chief Adm n'strative and Development Officer CP*FW*cc *Attach 24 May 1990 Interested parties to be notified of Council and Committee's decision: Fram Building Group 220 Humberline Drive REXDALE, Ontario M9W 5Y4 G. M. Sernas and Associates Ltd. 110 Scotia Court WHITBY, Ontario L1N 3Y7 Emile Solomon 48 Jackman Road BOWMAVILLE, Ontario L1C 2C9 LANDS SUBJECT DEVELOPMENT SITE TO REZONING LOT 14 LOT 13 LOT 12 Rl-10 A I I R1 (H)RI s� G p � i �} Et- Rl-t a jRI s� � (H)RI J R1 N RI Z I � A ,o A w ((7 ' JACK C • V --j of R i a: a RE o H)Rl R1 cn w I T E FREDERICK AVE. U WRM (n R, o RE-5 n EDSALL ST �---� F-1 F 0 50 a0 200 300M KEY MAP , Dew 88- 1 O2 538 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 in accordance with DEV 88-102. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from "Urban Residential Type One - Holding ( (H)R1) " to "Environmental Protection (EP) " Zone, as indicated 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 35 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 This is Schedule "A" to By-law 90- ,passed this—, day of , 1990 A.D. �------J !__M ILL,L.", 11 A N E-, � ice• .�,N �_ ° r �{ t .1 npAV .. ZONING CH ANG L ......:. 2 rY ;., 4 _ F`L '•r .iii .....::;'i r FROW(H)RI'VEPr 70 r r qj 1mms"3u13 VRTH 11 �T �'S•TREEy L� "' Ii rY, �, r I �IhI r •rp' C-- -III `y� � _i_ Mayor i '� �1 �� I Clerk LOT 14 LOT 13 LOT 12 Rt•10 I A R1 (H)RI �c 'CEP R1•1 ° a R s� � I (H)RI � ° ° R1 N r Z O A I N Wo Y IYm A H)R1 0 o R1 v RE o� H)Ri R1 0 5 1 BOWMANVILLE �= EP lI �m0 100 200 300m