HomeMy WebLinkAboutPD-352-90 TOWN OF NEWCASTLE
rt DN: DEV90003.GPA
REPORT File #
Res. #
By-Law #
METING: General Purpose and Administration Committee
DATE: Monday, December 3, 1990
REPORT #: PD-352-90 FILE #: DEV 90-003
SJUCT: REZONING APPLICATION - MURRAY C. PAYNE
PART LOT 7, CONCESSION 2, FORMER TOWNSHIP OF CLARKE
FILE: DEV 90-003
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-352-90 be received;
2 . THAT the application submitted by Murray C. Payne, to amend the
Town of Newcastle Comprehensive Zoning By-law 84-63, as amended,
to permit the development of two 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 interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Murray C. Payne
1.2 Rezoning Application: from "Agricultural Exception (A-1) " to
an appropriate zone to permit the
development of two (2) hamlet
residential lots
1. 3 Land Area: 0 .6 Ha ( 1.482 Acres) . . . .2
REPORT NO. : PD-352-90 PAGE 2
2 LOCATION
2 . 1 The subject property is located in Pt. Lt. 7, Conc . 2, former
Township of Clarke. The lands subject to rezoning have
approximately 60. 0 metres (200 ft) frontage on the north side of
Highway No. 2 . The site is situated east of Payne Crescent and
west of the road allowance between lot 6 and 7 .
3. BACKGROUND
3 . 1 An application was received by the Town of Newcastle Planning and
Development Department on January 16, 1990, proposing to rezone a
0. 6 Ha parcel of land fronting on Highway No. 2 in the Hamlet of
Newtonville. The proposed rezoning is to permit the future
creation of two (2 ) residential dwelling lots with access on
Highway No. 2 within the Hamlet boundaries . Applications for
land severance have not yet been filed.
3 .2 The proposed lots are adjacent to, and on the west side of a
retirement lot which was previously severed from the applicants
holdings (LD 86/286) . The proponent has submitted a 'Preliminary
Geotechnical and Hydrogeological Evaluation' in support of the
proposed zoning by-law amendment. This report was circulated to
the appropriate agencies for review and comment in accordance
with the Official Plan policies .
4 EXISTING AND SURROUNDING USES
4 . 1 The lands are currently vacant and have been partially utilized
for agricultural production in conjunction with the balance of
the applicants total holdings (approximately 290 acres) .
4 .2 Surrounding land uses include:
North: vacant agricultural land
East: vacant land with limited residential dwellings fronting
on Highway No. 2 .
South: limited residential dwellings fronting on Payne
rescen .
West: residential dwellings fronting on Highway No. 2 . . . . .3
f, iir
REPORT NO. : PD-352-90 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.
5 .2 One letter of objection was received during the processing of the
subject rezoning application. Mr Robins is of the impression,
from information received from the Durham Land Division
Committee, that the Paynes were only creating one retirement lot
fronting on Highway No. 2 previously created (LD 86/286) and an
18 acre (7 .28Ha) parcel of land west of the subject lands for
future development, which he has no objection to. He objects to
any further development of this Prime Agricultural land and fears
should this application be approved further development will take
place.
6 OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Regional Official Plan the subject property is
designated 'Hamlet' . The Hamlet policies indicate the
predominant land use within the a 'Hamlet' shall be for the
development of housing. The application would appear to comply.
6 .2 Within the Town of Newcastle Official Plan, Hamlet policies, the
subject lands are within the 'Newtonville Hamlet' and designated
'Residential Expansion' . Said policies allow for infilling and
new development within a Hamlet that compliments and enhances the
character of the Hamlet. Development within the Newtonville
hamlet may proceed on lot sizes of less than 0.4 Ha ( 1. 0 acre)
minimum, provided that a detailed engineering report is
submitted, demonstrating that soil conditions can support the
reduced lot size without causing soil and groundwater
contamination, but in no case shall the lot size be reduced below
new eve opmen in
f . . . .4
REPORT NO. : PD-352-90 PAGE 4
Newtonville shall be serviced by municipal water supply and
private waste disposal system. The application proposes 0. 3 Ha
(0 . 75 acre) lot sizes on municipal water. 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 subject lands are zoned 'Agricultural Exception
(A-1) 1 . Said zone allows for farm related uses as well as
limited residential uses . Minimum lot size within said zone is
40 . 0 Ha for all new agricultural lots created in accordance with
the Durham Official Plan policies.
8 AGENCY COMONTS
8 . 1 The subject application was circulated to a number of agencies
and departments for comment. The following provided no objection
or comment to the application in response to their review of the
proposal: Peterborough Victoria Northumberland and Newcastle
Separate School Board; the Northumberland Newcastle Public School
Board; the Ganaraska Conservation Authority; the Regional Health
Department; the Ministry of Agriculture and Food; the Ministry of
Natural Resources and the Town of Newcastle Fire Department.
8 .2 The Town of Newcastle Community Services Department advise that
they have no objection subject to a five percent (5%) cash-in-
lieu of parkland dedication.
8 . 3 The Town of Newcastle Public Works Department requested the
proponent submit a lot grading and drainage plan, make
application for property access, bear the costs ( 100%) of any
works on Highway No. 2 which are necessitated as a result of this
development, and provide contributions for street lighting.
8 .4 The Regional Planning Department comments identified the site as
eing within Newtonviiie HamIeE. whirh whir is a HamTef desianafpa for
aC; . . . .5
REPORT NO. : PD-352-90 PAGE 5
growth. Newtonville can only develop on municipal water and only
to a maximum 345 residential dwelling units . The size of the
residential lots may be reduced to 0 .2 Ha based on an engineering
report that satisfies the Region, the Town and the Ministry of
the Environment that soil conditions can support the reduced lot
size without causing soil and groundwater contamination. The
comments also advised that the applicant has paid for a total of
27 water connections. Future development of the retained land
( 18T-90013) will be limited to 25 lots . The application would
appear to be in conformity.
A subsequent correspondence from the Regional Planning Department
advised that the Health Department has reviewed the
Hydrogeological Evaluation submitted in support of the
application and have no objection to the creation of the proposed
lots .
8 . 5 The Ministry of Transportation responded that the Ministry Staff
have no objection to the rezoning application subject to one
residential access being granted for each lot from Highway No. 2,
all new dwellings being setback a minimum of 7 .5 metres (25 feet)
from the Highway property line or 26 metres (85 feet) from the
centre line of the highway, whichever is greater and that land
use and entrance permits be obtained from the Ministry prior to
construction.
8 . 6 The Ministry of the Environment was circulated a copy of the
Engineering Report for their review and comment in accordance
with the Hamlet policies. To date no written response has been
received. Verbal communication with Ministry Staff has advised
that they do not provide formal comment on applications which
create less that five (5) residential units . They further
suggested that should the Health Department have no objection to
the application, they would most likely maintain a similar
J � . . . .6
REPORT NO. : PD-352-90 PAGE 6
9 STAFF COMMENTS
9 . 1 The subject application proposes to rezone the subject lands from
"Agricultural Exception (A-1) " to a residential zone to permit
the development of two lots . The applicant has previously
created a retirement lot adjacent to the subject property to the
east. Said lot also has a 30 metre frontage and an area of 3000
square metres, similar to the proposed lots . The proposal
received no objection through the circulation process, although
various conditions of approval were expressed.
9 . 2 The Ministry of Transportation noted the creation of the lots
would not create a problem in terms of access to Highway No. 2 .
The Health Department has reviewed the Engineering report
submitted in support of the application and advises of no
problems with respect to soil capabilities . The Region of Durham
has advised that the applicant has applied and paid for 27 water
supply connections, therefore the development of these two lots
would result in 25 connections for the development of the balance
of their lands .
9 . 3 The conditions of approval as suggested by both the Town of
Newcastle Public Works Department and the Community Services
Department would be imposed through the subsequent land severance
applications . The Ministry of Transportation requirement for
setback from the Highway will be imposed through the proposed
zoning by-law amendment.
10 CONCLUSION
10. 1 The application appears to comply with the provisions of the
Durham and Newcastle Official Plans and in consideration of the
comments contained above, Staff would have no objection to the
approval of the subject rezoning application to permit two hamlet
residential lots .
.7
REPORT NO. : PD-a52-90 PAGE 7
Respectfully submitted, Recommended for presentation
to the Committee
A
Franklin Wu, M.C. I.P. Lawrence Kotseff
DIrector of Planning Chief A i istrative
and Development Officer
CP*FW*cc
*Attach
21 November 1990
Interested parties to be notified of Council and Committee's decision:
Murray Payne
R.R. # 1
NEWTONVILLE, Ontario
LOA 1J0
Donna Turner
General Delivery
NEWTONVILLE, Ontario
Donald W. Robins
P.O. Box 26
NEWTONVILLE, Ont.
LOA 1JO
This is Schedule "A" to By-law 90- ,
passed this day of , 1990 A.D.
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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 90-
003
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation
of the Town of Newcastle enacts as follows:
1. Section 9.3 "SPECIAL EXCEPTIONS - RESIDENTIAL HAMLET (RH)
ZONE" of By-law 84-63, as amended , is hereby further amended by
adding thereto the following new Subsection 9.3.14:
119.3.14 RESIDENTIAL HAMLET EXCEPTION (RH-14) ZONE
Notwithstanding Section 9.2, those lands zoned "RH-14" on the
Schedules to this By-law shall be subject to the following
zone regualtions:
a. Yard Requirements (minimum)
i) Front Yard 13 metres
ii) Lot Area 3000 square metres
2. Schedule 112" to By-law 84-63 as amended, is hereby further
amended by changing the zone designation from "Agricultural
Exception (A-1) " to "Residential Hamlet Exception (RH-14) " Zone,
as indicated on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. 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
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