HomeMy WebLinkAboutPD-57-86 TOWN OF NEWCASTLE
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METING: General Purpose and Administration Committee
DATE: March 3, 1986
REPOT #: PD-57-86 FILE #: DEV 85-40
SUBJECT: REZONING APPLICATION - MR. & MRS. HENRY EIKENS
PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
OUR FILE: DEV 85-40
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-57-86 be received; and
2. THAT the application for rezoning of Part of Lot 9, Concession 2, former Town of
Bowmanville, submitted by Mr. & Mrs. Eikens to permit the severance of a 3,000
square metre lot, supporting a single family dwelling unit, be approved and that
* the attached by-law be forwarded to Council for approval .
BACKGROUND:
On November 21, 1985, the Planning Department received an application submitted by Mr.
Henry Eikens to rezone a parcel of land located in Part of Lot 9, Concession 2, former
* Town of Bowmanville (see attached) . The submission of the rezoning application was to
permit the severance of a 3,000 square metre lot supporting a single family dwelling unit.
Within the Regional Official Plan and the Bowmanville Urban Area Official Plan the subject
property is designated "Residential " . Staff would note that within each document,
residential dwellings are to be the predominant use permitted on lands so designated.
Staff will expand upon the provisions and requirements of each respective document further
within said report.
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REPORT NO. : PD-57-86 Page 2
It is noted for the Committee' s information that, pursuant to the resolution
of Council of July 26, 1982 and the requirements of the Planning Act, the
appropriate signage acknowledging the application was installed on the
subject lands. Staff would note that, as a result of the filing of the
application and the posting of the public signs, to date, no objections/
concerns to the proposal have been received from the general public.
In accordance with departmental procedures, the application was circulated
to obtain comments from other departments and agencies as noted in Staff
Report PD-181-85. The following would summarize the comments as received by
Staff.
Town of Newcastle Works Department
"We have reviewed the above noted application for rezoning and find we have
no objection to this proposal provided the applicant dedicates to the Town
the road widening as shown on the attached."
Town of Newcastle Building Department
"No objections."
Town of Newcastle Fire Department
"The Fire Department has no objection to the above-headed application.
Response would be from Station #1 , Bowmanville. Water supply is municipal
water main and hydrant system."
Ministry of Agriculture and Food
"Staff of the Ontario Ministry of Agriculture and Food have reviewed the
above development proposal . Consideration has been given to the proposal in
terms of the goals and objectives of the Ministry and of the criteria and
policies outlined in the Food Land Guidelines. Based on our present
knowledge, the Ministry has no objections to the proposal as the lands are
designated for urban residential uses."
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REPORT NO. : PD-57-86 Page 3
Durham Regional Health Unit
"The above application for rezoning has been investigated by this Health
Department, and insofar as health matters are concerned, there are no
objections to its approval .
I would, however, stress that this letter is not to be taken as a permit to
install a private sewage disposal system at the site involved. The required
permit will be issued only after a proper inspection of the land area
involved has been made and said inspection will be carried out upon receipt
of a formal application."
(A) Region of Durham Planning Department
"In response to your request for comments, we note that the subject site is
designated "Residential " in both the Durham Regional Official Plan and the
Official Plan for the Bowmanville Urban Area. The proposed residential use
may be permitted within this designation. We note however, that sanitary
sewer service is not currently available to the property and therefore, the
proposed residential development may only proceed in accordance with the
following provisions of Section 8.1.3.1 of the Durham Regional Official
Plan.
. . . .as an exception, prior to the availability of sanitary sewers and/or
municipal water supply, development in these (Residential ) areas may be
permitted as infilling on existing lots of record or on lots created by
consent in accordance with Section 16.9 provided that:
a) The private waste disposal system complies with the standards of the
Ministry of the Environment as amended and as administered by the
Medical Officer of Health;
b)
c) The development is in accordance with any relevant provisions which may
have been incorporated in the respective district plan and/or zoning
by-laws; and
d) Such other conditions as Council deems necessary have been met.
With respect to any lots created by consent in accordance with the above,
satisfactory arrangements shall be made with the Region with respect to the
provision of future services including the payment of levies.""
(B) Region of Durham Planning Department
"Further to our letter dated December 9, 1985, we wish to add the following
comments on Regional services:
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REPORT NO. : PD-57-86 Page 4
(B) Region of Durham Planning Department (Cont'd)
Municipal water service is available to the subject property through the
abutting 200mm watermain on Mearns Avenue. However, the existing dwelling
at 150 Mearns Avenue is not connected to the municipal water supply system.
Sanitary sewer services is not currently available to this portion of the
Bowmanville Urban Area.
In the event that you are recommending approval of this application, we
request that the following be included as conditions of approval :
1. That the applicant make arrangements to provide municipal water supply
to the existing and proposed dwellings;
2. That the applicant commute all outstanding local improvement charges or
frontage charges, if any, for the existing watermain abutting the
frontage of the property; and
3. That the applicant enter into an agreement with the Region to cover
future sanitary sewers and connections and the payment of Regional
levies."
Central Lake Ontario Conservation Authority j
"The Authority staff have no objections to the approval of the above
rezoning application.
Staff requests that the owner be informed that an alteration to a
watercourse permit is required prior to any alteration of the minor
watercourse, diagonally bisecting the property."
STAFF COMMENTS:
Staff would note that, in addition to the applicant' s submission of a
rezoning application, a further application was submitted to the Land
Division Committee for their consideration. On January 6, 1986, the
Regional Land Division Committee, at a scheduled meeting, gave due
consideration to Mr. Eiken' s request (LD 2/86) to sever a 3,000 square metre
lot supporting a dwelling unit. In consideration of the information
provided for the Land Division Committee' s review, a motion of the Committee
that application LD 2/86 be tabled for a period of six (6) months to allow
Mr. Eikens to contact the Town of Newcastle and the Regional Works
Department to discuss their conditions requested, was carried unanimously.
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REPORT NO. : PD-57-86 Page 5
The following was provided for the Land Division Committee' s consideration
with respect to the application as submitted:
CONFORMITY WITH OFFICIAL PLAN
The subject lands are designated "Residential " within the Bowmanville Urban
Area Official Plan. Residential dwellings shall be the predominant use
permitted on lands so designated. Staff would note for the Committee's
information that the subject lands front on two (2) Arterial Type 'B' roads,
being Concession Street and Mearn's Avenue as so designated in the
Bowmanville Urban Area Official Plan and the Durham Regional Official Plan.
Within the Bowmanville Urban Area Official Plan, specifically Section 2.9.2
"Policies within Transportation Section" , arterial roads are so noted as to
primarily facilitate inter-area or through traffic within the Regional
Municipality of Durham and the municipality. Furthermore, in maintaining
the traffic carrying function of arterial roads, the provisions of the
Durham Regional Official Plan shall apply. Staff would note that the
relevant provisions of the Durham Regional Official Plan, being Section
16.9.11, 16.9.2 and 13.2.15 are applicable and due consideration of same, in
review of the application as submitted, is warranted. Section 16.9.11
states that generally, the creation of lots fronting on arterial roads shall
be discouraged. However, the provisions of Section 13.2.15 shall be used as
guidelines. Section 13.2.15 states that the maximum number of private
accesses to Type 'B' Arterial roads shall generally be as follows and regard
shall be had to the provisions of Section 13.3.3:
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a) six (6) access points per side per mile in the rural areas; and
b) 250 feet between adjacent access points in urban areas.
Staff would note for the Committee's information that Section 13.3.3 as
addressed above reaffirms the provisions of Section 13.2. 15 in that they may
generally apply to arterial roads shown on Map "B" within the Regional Plan,
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REPORT NO. : PD-57-86 Page 6
but if the intent of this Plan is adhered to and following an adequate study
to the effect that such provisions are impractical and can not be
implemented precisely, the Authority having jurisdicition on such roads may
alter the provisions without an amendment to this Plan. Staff would note
that the subject property is located within Neighbourhood 1D as designated
in the Bowmanville Urban Area Official Plan for which a Neighbourhood
Development Plan has yet to be prepared.
Staff note that, among other items of concern, the question of access onto
arterial roads mentioned in the Regional Plan, Section 13.3.3, would be
addressed in the review and preparation of a Neighbourhood Plan .
Accordingly, Staff are concerned that the approval of additional entrances,
in view of Section 13.3.3 could be considered premature at this time
inasmuch as adequate study has not been completed.
Section 16.9.12 within the Regional Plan provides for similar consideration
that, where having regard for the provision of the Plan, an access to an
arterial road is considered necessary and appropriate, such access may be
constructed in accordance with the requirements of the authority having
jurisdiction.
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CONFORMITY WITH ZONING BY-LAW
The subject lands are presently within the "Agricultural (A)"
zone category
within By-law 84-63, being the Town' s Comprehensive Zoning By-law. Staff
would note for the Committee' s information that the applicant has recently
submitted a rezoning application in consideration of the severance
application as filed.
COMMENTS:
In reviewing the application as submitted, the Town of Newcastle Works
Department confirmed the status of Mearns Avenue and Concession Street as
Arterial Type 'B' roads. Furthermore, it was noted that within the
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REPORT NO. : PD-57-86 Page 7
Bowmanville Urban Area Official Plan, the intersection of said arterial
roads was so noted on Schedule "3" - Transportation Network, as intersection
improvements required. Accordingly, Works Department advises that they
would have no major objections to the application as submitted noting,
however, appropriate road widenings with respect to the intersection
improvements would be required to be deeded to the Town of Newcastle free
and clear of all encumbrances as indicated on the attached plan (see
* attached) .
In reviewing the application as submitted, Staff would note that the
applicant has indicated that, at this point in time, the proposed
purpose/use of the retained lands has not been contemplated. Staff would
note that an approval of the application would require the final and binding
approval of the zoning application amendment as submitted to the Town of
Newcastle. Furthermore, with respect to the provisions of the Official
Plans, local and Regional , Staff would respectfully submit, for the
Committee' s deliberation, that consideration be given to the dedicating of a
0.3 metre reserve to the Town of Newcastle, free and clear of all
encumbrances, fronting the retained lands. At such time that the applicant
proposes a use for the retained lands, access to same in consideration of
the Official Plan policies could be addressed. The above-noted comments are
submitted for the Committee' s consideration with respect to LD 2/86.
As previously noted, the Land Division Committee tabled the application at
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their meeting of January 6, 1986. Staff would note that Mr. Peter Feddema,
on behalf of the applicants, has indicated through correspondence with the
Works Department, that Mr. Eikens would be agreeable to the dedication of a
0.3 metre reserve fronting on the retained lands, and furthermore, would be
willing to negotiate as to the parcel of land required for the realignments
of the Mearns Avenue/Concession Road intersection. Staff would note for the
Committee's information that the dedication of a 0.3 metre reserve, along
the frontage of the retained lands , would provide in compliance with By-law
84-63 (a 10 metre frontage) , whereby access for agricultural purposes would
be provided.
. . .8
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REPORT NO. : PD-57-86 Page 8
In consideration of the above-noted comments, the Works Department has
indicated that they would have no objections to the reviewing and
consideration of proposed alternatives with respect to the road widening
needs of the Mearns Avenue and Concession Road intersection.
Staff would have no objections to the rezoning application J g pp cation as submitted,
noting that the proposed by-law would only permit the severance of a lot
supporting a dwelling unit. At such time that the retained lands are
contemplated for development, in conjunction with adjacent lands within
Neighbourhood 1D, the concerns and provisions in the Durham Regional and
Bowmanville Urban Area Official Plans may be addressed.
Respectfull bmitted,
T.T. Edwards, M.C.I .P.
Director of Planning
LDT*TTE*jip
*Attach.
February 18, 1986
cc: Mr. & Mrs. H. Eikens
R.R. #2
ORONO, Ontario
LOB IMO
Mr. Peter Feddema
10 Martin Road South
BOWMANVILLE, Ontario
L1C 3N3
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
being a.By-law to amend By-law 84-63, as amended, 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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle, enacts as follows:
1. Section 12.4, "Special Exceptions - Urban Residential Type One
(R1)" Zone is hereby amended by adding thereto, the following new
"Special Exception 12.4.16" as follows:
"12.4.16 URBAN RESIDENTIAL EXCEPTION (R1-16) ZONE
Notwithstanding Section 12.1, only single detached dwellings
and home occupation uses may be permitted on those lands zoned
"R1-16" on the Schedules to this by-law subject to the
following zone regulations:
a) Lot Area (minimum) 3000 square metres
b) Lot Frontage (minimum) 30 metres"
2. Schedule "1" to By-law 84-63, as amended, is hereby further
amended by changing to "(R1-16)" the zone designation of the lands
indicated as "Zone Change from A to RI-16" as indicated on the
attached Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this by-law.
4. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1986
BY-LAW read a second time this day of 1986
BY-LAW read a third time and finally passed this day of
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1986.
MAYOR
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CLERK
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This is Schedule "X" to By-law 86- ,
passed this day of , 1986 A.D.
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