The URL can be used to link to this page

Home My WebLink AboutPD-207-90 TOWN OF NEWCASTLE r �•E '9 LI.GPA r, REPORT File # d / Res. # By-Law # 916-16 METING: General Purpose and Administration Committee DATE: June 18, 1990 REPORT #: PD-207-90 FILE #: SOg,JECT: REZONING APPLICATION - NORBERT EGLI PART LOT 31, CONCESSION 4, FORMER TWP. OF DARLINGTON OUR FILE: DEV 90-004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-207-90 be received; 2 . THAT Rezoning Application Dev 90-004 submitted by Mr. Norbert Egli to permit the development of two residential lots within the Hamlet of Mitchell Corners 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 any delegation and those persons listed in this report be advised of Council's decision. 1. BACKGROUND 1. 1 On January 12th, 1990 the Planning and Development Department received an application to rezone a parcel of land located within Part Lot 31, Concession 4, former Township of Darlington. Presently, the area of land zoned (RH) Residential REPORT NO. : PD-207-90 PAGE 2 Hamlet that is owned by the applicant would not be sufficient to create two (2) , one ( 1) acre lots within the Hamlet of Mitchell's corners . The application for rezoning involves a portion of land, 1033 .27 square metres (76 .2 m x 13.56 m) in size, that is zoned Agricultural (A) to be added to what is presently zoned Residential Hamlet (RH) . By rezoning this agricultural land, the minimum lot area size (1 acre or 4000 square metres) is achieved and two (2) building lots, both being one ( 1) acre in size can be created. 2. LOCATION 2 . 1 The subject property is located in Part Lot 31, Concession 4, within the former Township of Darlington. The parcel of land to be rezoned is located on the west side of Trulls Road within the southern limit of the Hamlet of Mitchell Corners . 3. EXISTING AND SURROUNDING USES 3. 1 The existing use of the parcel, subject to the Rezoning Application is presently vacant. Mr. Egli's residence is located to the south of the two proposed lots . 3 .2 Surrounding Uses: East - Residential West - Agricultural/Vacant Land South - Estate Residential ( 10M-808) North - Hamlet of Mitchell Corners 4. OFFICIAL PLAN POLICIES 4 . 1 Within the Town of Newcastle Official Plan, residential growth REPORT NO. : PD-207-90 PAGE 3 within Hamlets shall generally be limited to infilling and/or minor extensions to existing development. The application for rezoning would be reviewed on the basis of these provisions . The existing land that would make up the majority of the two (2) lots is presently zoned 'Residential Hamlet (RH) ' . The rezoning application is required to rezone a portion of land zoned 'Agricultural (A) ' to the west of the (RH) zoning. This would make the lots one ( 1) acre in size, thus conforming to the requirements of the Town of Newcastle Official Plan Policies for lot size within Hamlets . 5. ZONING 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended, the subject property is zoned 'Residential Hamlet (RH) ' and 'Agricultural (A) ' . The rezoning application is necessitated because of the Lot Area Requirement of one ( 1) acre ( .4 ha) of the Town's Official Plan. The Rezoning Application would change lands presently zoned 'Agricultural (A) ' to 'Residential Hamlet (RH) ' to create two (2) , one ( 1) acre single family residential building lots . 6. PUBLIC MEETING AND RESPONSE 6 . 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, surrounding property owners and tenants within the prescribed distance were advised of the proposal. The required Public Meeting was held March 19, 1990 . r C} J ,_1 REPORT NO. : PD-207-90 PAGE 4 6 .2 As of the writing of this report, no written submissions have been received. 7. COMMENTS FROM AGENCIES 7 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . Staff would note the following departments/agencies, in providing comments, offered no objection to the application as filed: Newcastle Hydro Electric Commission Regional Health Department Ministry of Agriculture and Food 7 .2 The Town of Newcastle Community Services Department offered no objection to the rezoning application, subject to the 5% dedication requirement being accepted as cash-in-lieu and the funds realized being credited to the Park Reserve Account. 7 . 3 The Town of Newcastle Public Works Department offered no objections provided the following conditions are satisfied: that the applicant will bear the costs ( 100%) of any works on Trulls Road which are necessitated as a result of this development; the owner is to provide a lot grading plan satisfactory to the Director of Public Works and that an application for property access is obtained. In addition, the applicant/owner meet all the requirements of the Public Works Department, financial and otherwise. 7 .4 The Central Lake Ontario Conservation Authority has no objections to the proposed rezoning, however, require that written permission from the authority be obtained prior to any filling or grading on the site. ': f 9 REPORT NO. : PD-207-90 PAGE 5 7 .5 The Durham Region Planning Department commented that the subject site is within a designated Hamlet within the Durham Regional Official Plan. Regional staff were satisfied that the application conforms to the applicable Hamlet policies in the Town Plan. 7 .6 The Regional Works Department indicated that Municipal Water Supply and Sanitary Sewer Services are not available and the Region has no plans to introduce such services to Mitchell Corners . The development must proceed on private services . 8. STAFF COMMENTS 8 . 1 Staff would note for the Committee's information, that the application for rezoning submitted by Mr. Egli would appear to comply with the intent of the Town's Official Plan and Town's Zoning By-law. 9. CONCLUSION 9 . 1 Planning staff have no objection to the application submitted by Mr. Egli to rezone a parcel of land in Lot 31, Concession 4, former Township of Darlington to permit the development of two (2) , one (1) acre lots in the Hamlet of Mitchell Corners. Staff would recommend that the amending by-law attached hereto be forwarded to Council for approval. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence E`► Kotseff Director of Planning Chief A i 'istrative and Development Officer MP*LT*FW*df { r0 *Attach � �' -1 11 June 1990 REPORT NO. : PD-207-90 PAGE 6 Interested parties to be notified of Council and Committee's decision: Mr. Norbert Egli Group 1, Box 67, R.R.#l, Hampton, Ontario. LOB 1J0 �)6 1 SUBJECT SITE �n Il., LOT 32 ; LOT 31 LOT 30 ��.�...................�..,...... ... . Z - 1 A , A 0 v - RH CA i ROAD ALLOWANCE BETWEEN CONCESSION 4 ono ( TAUNTON ROAO; ) REGIONAL ROAD 4 ' U Z TYLER ST A RH RH BRADLEY ° (H)RH a 0 Z RH M o m l a W q ' Z / 0 0 U � � KEY MAP t _ '' �► Dev. 90-004 INST. N= N 31550 VACANT LAND ---- N 72'0700'E 198,87 7 107.23 ` 105 1 1 I . PARCEL ZOt`!Eb PFSIL)FJwia,(� AREA.H3:Y-�3J FT =i)LtcU FrliGl lc'fC-YU(-T(/lZnArL.�r��A�) L.:30 M. M Mcu4I�� 105 O M PARCEL 2 zoNeD easmQ.QiAL. AREA.93:k'3�FT tilt 30 M. Q O z w o r o m LAND OWNED BY,OTHER ; T A V INST, N= N19245 = Q z APPLICANT'S "y y 3 RETAINED LANDS O J Q LOT 31 � Q CONCESSION O i i I -r----. �� N 72107W E 79467 SKETCH SHOVVI,NG PROPOSED SE\:"_RANCE PART OF LOT 31 THIS u NOT A PLAN OF SURVEY BOUND:,:' CONCESSION 4 OMCe�OTIDRD�FROM REGISTRY TOWN OF NEWCASTLE -,ORMERLY TOwN$Ma -ARLINGTON) FEEGIOINIAL MUN := LITY OF DURHAM SALE I 1001 E. \7. HO.^DYER Sc. , O.L.S. Y3s4JiQ��MREftl499 °89 DATE METRIC WTANCE3 SHOWN ON THIS PLAN ARE r IC-RE3 E, W. BOWYER INC AND CAN BE CONVERTED TO FEET BY D,'cm 0,3048 V ONTARIO LAND SURVEYOR , 1614 AVENUE 3HOPPNG CENTRE 9275 HIGHWAY 48,3UlTE 206 MARKHAM,ONTARIO 6E 1A3 �Q6) 891-8093 F0.E f J6 ,). 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 of 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 permit the development of two residential lots (file Dev 90-04) ; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "6" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "A-Agricultural" to "Residential Hamlet (RH) " 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 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 5 6A. This is Schedule "A" to By-law 90--, passed this day of , 1990 A.D. TAUNTON ROAD N.E.Angle Lot 31,Cone.4 a 0 I—( N 72007'00"E TK 13,56)4-( 9144 Y N LOT M 3/ o a O J 3 J o CONC. to s 4 O 00 _h M Y2 ' 1K 13.56)-1 ® ZONING CHANGE FROM IAI T01 RH I 0 10 20 40m Mayor 20m15 10 5 0 Clerk on LOT 32 LOT 31 LOT 30 A A O A RH• V F RH c A0A0 ALLOWANCE BETWEEN t CESS 4 ana 5 ( TAUNTON ROAD ) REGIONAL ROAD 4 1 U A RH RH o (H)RH �r Z RH O A W 0 ( `T) 5 I MITCHELLS CORNERS ` N4�:1'f m 50m 0