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HomeMy WebLinkAboutPD-176-86 TOWN OF NEWCASTLE / REPORT File Res. -� By-Law # r MEETING: General Purpose and Administration Committee DATE: Monday, July 7, 1986 REPORT #: PD-176-86 FILE #: DEV 86-29 SUB.ECT: REZONING APPLICATION - JAMES SAYLES PART LOT 15, CONCESSION 3, FORMER TWP. OF DARLINGTON OUR FILE: DEV 86-29 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-176-86 be received; and 2. THAT the application for rezoning Part Lot 15, Concession 3, former Townshi p of Darlington, submitted by Mr. James Sayles to permit the development of one (1 ) * residential lot be approved and that the by-law attached hereto be forwarded to Council for approval . i BACKGROUND AND COMMENTS: On Play 5, 1986 the Planning Department received an application for rezoning submitted by Mr. James Sayles to permit the development of one (1) additional residential lot. Within the Region of Durham Official Plan the subject property is located within an "Estate Residential " designation. Section 10.3.1. g 4 (13c) states "in the areas designated below and identified on Map "A", state residential development may be permitted . . . Part of Lot 15, Concession 3, within the former Township of Darlington , now in the Town of . . .2 C� REPORT NO. : PD-176-86 Page 2 Newcastle as identified in Plan of Subdivision (to be determined) and being identified in the 1984 Assessment Roll Book as No. 18-17-01-0-080-7850 and Part of No. 18-17-01-0-080-078. Staff would note that the second assessment number would describe the subject lands pertaining to Mr. Sayles rezoning application . Staff would note for the Committee' s information that 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. Staff would note that no objection to the proposal was received at the writing of this report with respect to the amendment requested. i In accordance with departmental procedures, the application was circulated i to obtain comments from other departments and agencies as noted within Staff Report PD-132-86. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: II 1. Town of Newcastle Building Department; j 2. Town of Newcastle Fire Department; 3. Ontario Hydro; 4. Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board; 5. Town of Newcastle Community Services; and 6. Central Lake Ontario Conservation Authority. The Durham Regional Health Unit, in responding, noted that the application for rezoning had been investigated by the Health Department and approval would be given conditional upon the north/west quadrant of the proposed retained parcel being reserved for the future private sewage system replacement. The Ministry of Agriculture and Food, in responding, noted that the proposal had been reviewed in consideration of the terms and goals and objectives of the Ministry and the criteria and policies outlined in the Foodland Guidelines. Based on their present knowledge the Ministry offered no objections to the proposal . . . .3 0c� REPORT NO.: PD-176-86 Page 3 The Town of Newcastle Works Department, in responding, offered no objections to the proposal as submitted. However, it was noted that a road widening of 3 metres and a cash contribution towards road reconstruction would be required. Staff would note for the Committee' s information that, should the Committee deem it appropriate to approve the application, Staff would incorporate the Town of Newcastle Works Department comments within the comments submitted to the Land Division Committee at such time that a severance application is filed. The Region of Durham Planning Department responded by noting that the subject property was designated for "Estate Residential " development in the Durham Regional Official Plan. The proposal for residential uses may be permitted in accordance with the provisions of Section 10.3 of the Durham Plan. Staff would note for the Committee' s information that an Official Plan Amendment application (85-4/D) was previously considered by Committee (April 15, 1985) and Council (April 22, 1985 ) with a recommendation that . . . ."the Region of Durham be advised that the Town of Newcastle has no objections to the redesignation of the lands subject to Official Plan Amendment application 85-4/D for a maximum of fourteen (14) Estate Residential lots." Staff would note that the "subject lands" within the Official Plan Amendment application as submitted by 542985 Ontario Limited (applicant) incorporated Mr. Sayles' property. As confirmed by the Regional Planning Staff the Official Plan Amendment was subsequently approved. Staff would note that the Plan of Subdivision (18T-85020) as submitted by 542985 Ontario Limited did not include Mr. Sayles' lands. Accordingly, draft approval and the conditions related thereto, one of which required an appropriate zoning of the lands within the Plan of Subdivision, did not affect Mr. Sayles present lands. Staff would note furthermore, that within the context and review of the Official Plan Amendment application the property, in its entirety as filed, . . .4 i REPORT NO. . PD-176-86 Page 4 was subj ect to the "E state Resi denti al requirements" as contai n ed wi thi n t he Durham Plan. One of the criteria required the submission of a Consultant's Report indicating that there is adequate groundwater for residential use and the site is suitable for the use of septic systems. Staff would note that prior to final approval and registration of the Plan of Subdivision , the Ministry of Environment was to be satisfied by a Hydrological Report that sufficient water of acceptable quality was available to service the development and that the development would not adversely affect the quantity and quality of groundwater supplies. Staff would confirm for Committee's information that the above-noted condition was cleared by the Ministry of Environment. Additionally, Staff would note that one of the test pits as described within the Consultant' s Report was located on that portion of Mr. Sayles present property for which approval is requested to permit the creation of one (1 ) additional lot. It is Staff' s opinion that had Mr. Sayles lands been incorporated within the draft Plan of Subdivision and subsequent rezoning application , Staff would have offered no objections to the approval of same in the respective report as previously approved by Committee and Council . Staff would acknowledge that Mr. Sayles in submitting the present rezoning I application has indicated that should same be approved, Mr. Sayles would propose to sell the property based on a minimum square footage of 1700 square feet and 2000 square feet for the construction of either a single or two storey dwelling respectively. Additionally, the dwelling unit would comply with the "Heritage" tradition which has been implemented in the surrounding subdivision. In consideration of same, Staff would note that the by-law amendment attached hereto, should Committee and Council deem it appropriate to approve the application, would reflect a minimum floor area of 165m2 (1,776 sq.ft. ) . Furthermore, Staff would request that the applicant provide the Town with an undertaking -to the effect that any "Offer to Purchase" will contain a clause in respect of the "heritage" tradition, noting the dwelling unit to be constructed would comply with the surrounding subdivision. I 1 SIT REPORT NO.: PD-176-86 Page 5 Accordingly Staff, in consideration of the above-noted comments, would have no objections to the approval of the application as filed and by-law * amendment attached hereto. Respectfy.l-1 ib—Ated, T.T. Edwards, M.C. I .P. Director of Planning I LDT*TTE*jip j *Attach. June 23, 1986 Applicant: Mr. James Sayles R.R. #1 BOWMANVILLE , Ontario L1C 3K2 i i I I i AREA OF PROPOSED REZONING REGIONAL ROAD 4 C3� ( TAU PITON ROAD ) ' I I ' I I P I ' I I I I lal I e i cr a0 j Q O wi , a V) U? AaW 0 I o I a 0 EP I Ii ROAD 4 i 1 - �P i A, �Y A-8 rn o, I Ad M3 Z A `z RE-4 tFk i EP w I Ao,I � � < , g Q NASH �ROAD I I I C i I CONC1,ROAD 3 20 1- 18 17 16 15 14 13 12 11 0 2s0 500 IOOCM KEY MAP 500M 00 ILLit C:Y THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- 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. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 8.3 is hereby amended by adding thereto the following new Subsection 8.3.6 as follows: "8.3.6 RESIDENTIAL ESTATE EXCEPTION (RE-6) ZONE Notwithstanding Section 8.2, those lands zoned RE-6 on the schedules to this By-law shall be subject to the following regulations: i) Floor area (minimum) 165 square metres" 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Residential Estate Exception (RE-6)" as shown on the attached Schedule "X" hereto. 3. 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 1986. MAYOR CLERK