HomeMy WebLinkAboutPD-229-86 TOWN OF NEWCASTLE
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Res. "
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, October 6, 1986
REPORT #: PD-229-86 FILE #: DEV 86-45
SUBJECT: REZONING APPLICATION - BAS VANANDEL
PART LOT 15, CONCESSION 3, FORMER TWP. OF DARLINGTON
OUR FILE : DEV 86-45
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-229-86 be received; and
• THAT the App! ication for Rezoning Part Lot 15, Concession 3, former lownship of
Darlington, submitted by Mr. Bas VanAndel to permit the development of one (1 )
* additional residential lot be approved and that the by-law attached hereto be
forwarded to Council for approval .
BACKGROUND AND COMMENT:
On August 6, 1986 the Planning Department received an application for rezoning submitted
by Mr. Bas VanAndel 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 10.3.1.4(xiii )(c) states " in the areas
designated below and identified on Map A, residential development may be permitted. . . .Part
of Lot 15, Concession 3, within the former Township of Darlington , now in the Town of
Newcastle is identified in Plan of Subdivision (to be determined) and being identified in
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(m)
REPORT NO. : PD-229-86 Page 2
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 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 objections to the proposal was
received at the writing of this Report with respect to the amendment
requested.
In accordance with departmental procedures, the application was circulated
to obtain comments from other departments and agencies as noted within Staff
Report PD-203-86. Staff would note the following departments/agencies in
providing comments offered no objections to the proposal as filed:
1. Town of Newcastle Building Department
2. Town of Newcastle Fire Department
3. Ontario Hydro
4. Peterborough-Victoria-Northumberland and Newcastle
RomanCaathnliGSeparraateSchool Board-
5. Ministry of Agriculture and Food
6. Town of Newcastle Community Services
The Durham Regional Health Unit, in responding, noted that the application
for rezoning had been investigated by the Health Department and insofar as
health matters were concerned, there were no objections to its approval . It
was stressed, however, the required permit would be issued only after a
proper investigation and inspection of the subject area involved had been
completed and said inspection had been carried out upon receipt of a formal
application.
The Central Lake Ontario Conservation Authority, in commenting verbally,
noted the submission of the application was in compliance with the Official
Plan designation, however, would request that any portion beyond the top of
bank be incorporated within the valley lands and "Environmental Protection
(EP)" zone. Staff would note, for the Committee' s information, that the
. . .3
rV REPORT NO.: PD-229-86 Page 3
present zoning of the valley 'lands, within by-law 84-63, are within the
"Environmental Protection (EP)" zone.
The Town of Newcastle Works Department offered no objections to the
proposal , however, requested that an appropriate road widening and a cash
contribution towards the road reconstruction of Old Scu gog Road 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 any
comments submitted to the Land Division Committee at such time that a
severance application is filed.
The Regional Municipality of Durham, in responding, noted that provisions
have been made in Section 10.3.1.4(xiii ) (c) of the Durham Plan for estate
development on the subject property. The proposal for additional
residential uses may be permitted in accordance with the provisions of
Section 10.3 of the Durham Plan and in conjunction with Subdivision
18T-85020 and Rezoning Application DEV 86-29 (J . Sayles).
Staff would note for the Committee's information than 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 the lands subject to the present rezoning application. As
confirmed by the Regional Planning Staff the Official Plan Amendment was
subsequently approved. Staff would note that the Plan of Subdivision
181--85020 as submitted by 542985 Ontario Limited did not include the present
properties. 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 this portion of Mr. VanAndel ' s present lands.
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REPORT NO.: PD-229-86 Page 4
Staff would note furthermore that within the context and review of the
Official Plan Amendment application the property, in its entirety as filed,
was subject to the "Estate Residential requirements" as contained within the
Durham Plan. One of the criteria required, was the submission of a
Consultant's Report indicating that there is adequate groundwater for
residential use and the site is suitable for 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
Hydrologist's Report that sufficient water of acceptable quality was
available to service the development and the development would not adversely
affect the quality and quantity of existing water supplies. Staff would
confirm, for the Committee's information, that the above-noted condition was
cleared by the Ministry of Environment. 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 immediately adjacent to the
application submitted by Mr. VanAndel . It is Staff's opinion that, had Mr.
VanAndel 's property 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 previously approved by
Committee and Council .
Staff would note that the by-law amendment attached hereto, should Committee
and Council deem it appropriate to approve the application , would reflect
the minimum floor area of 165 square metres (1,776 square feet) in
consideration of the applicant's adjacent estate residential development and
housing sizes. It is anticipated that the dwelling unit would comply with
the "heritage" tradition which has been implemented in the surrounding
developments. Accordingly, Staff, in consideration of the above-noted
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REPORT NO.: PD-229-86 Page 5
comments, would have no objections to the approval of the application as
* filed and by-law amendment attached hereto.
Respectfu' ed,
r-
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T.T. Edwards, M.C. I.P.
Director of Planning
LDT*TTE*j ip
*Attach.
September 22, 1986
Applicant: Mr. Bas VanAndel
P.O. Box 1643
429 Lakeshore Road
PORT PERRY , Ontario
LOB 1NO
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 8.3.6 is hereby amended by adding thereto a new
Subsection ii) as follows:
"ii) Lot Area (minimum) 2940 square metres"
2. Schedule "1" to By-law 84-63, as amended, is hereby further
amended by changing We zone designation from "Agricultural (A)" to
"Residential Estate Exception (RE-6) Zone" as shown on the attached
Schedule "X" hereto.
2. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning A ct.
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.
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This is Schedule "X" to By-law 86- ,
passed this day of , 1986 A.D.
ROAD ALLOWANCE BETWEEN
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