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 .
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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
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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.
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In accordance with departmental procedures, the application was circulated
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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:
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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 .
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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,
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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
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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.
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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
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LDT*TTE*jip j
*Attach.
June 23, 1986
Applicant: Mr. James Sayles
R.R. #1
BOWMANVILLE , Ontario
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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