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HomeMy WebLinkAboutPD-63-83 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 18, 1983 REPORT NO. : PD-63-83 SUBJECT: APPLICATION FOR REZONING - MR. J. BOLAHOOD PART OF LOT 9, CONCESSION 2, FORMER TOWNSHIP OF BOWMANVILLE FILE: DEV 82-33 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-63-83 be received; and 2. That Application for Rezoning DEV 82-33 be _ approved; and 3. That the attached By-law 83- be forwarded to Council upon dedication of a 3.048 metre road widening and a 0.3 metre reserve, and payment of the Town 's lot development charge. BACKGROUND: The subject application for rezoning requests an amendment to Restricted Area (Zoning) By-law 1587, as amended, of the former Town of Bowmanville to rezone a 2.427 hectare (6.0 I acre) parcel of land located in Lot 2, Concession 2; fronting on Mearns Avenue within the Town of Bowmanville. I i I Report No: PD-63-83 . ./2 The applicant is requesting an appropriate zone classification in order to construct one single family dwelling. The subject lands are designated "Residential " by the Region of Durham Official Plan and the Bowmanville Urban Area Official Plan. Urban residential uses are permitted provided that such uses proceed on full municipal services. However, the Regional Plan and the Urban Area Official Plan stipulate that prior to the availability of municipal services , limited development may be permitted to proceed on the basis of municipal water supply and private sewage disposal systems. In that regard, since services are not available to this area, urban residential development would not be permitted. The site is presently zoned "M-1 Light Industrial " by Restricted Area (Zoning) By-law 1587, as amended, of the former Town of Bowmanville. The proposed By-law amendment would apply a "Special Condition" for this site in order to allow the applicant to use the lands for agricultural purposes including one single family detached dwelling . In accordance with Departmental procedures , the subject application was circulated to various departments and agencies for comment. The following is a list of the comments received: The Region of Durham Planning Department and Works Department "The proposed residential use is not in conformity with the Durham Regional Official Plan and the proposed Official Plan for the Bowmanville Urban Area because of a lack of municipal water and sanitary sewers. However, in the event that you are recommending approval of the subject application, we would respectfully suggest that a clause be included in the amending by-law stipulating that no building permit shall be issued prior to the availability of municipal water supply and sanitary sewer services. J ( �: JAO Report No: PO-63-63 „/3 Also, if the proposed zoning amendment is dealt with by your Council prior to the Ministerial approval of the proposed Bowiianville Official Plan, we would suggest that the amending by-law be circulated under Section 39(12) of the Planning Act, i .e, by application to the Ontario Municipal Board. Since municipal water supply and sanitary sewer services are not available to the site and the Region presently does not have any plans to extend such services into this portion of the Town, the proposed residential development appears to be premature in light of the above provisions of the 0urham Plan and the proposed Bowmanville Official Plan." The Durham Regional Health Unit "no objection" The Ministry of Agriculture and Food "no objection" The Central Lake Ontario Conservation Authority "A small tributary of the Soper Creek, not floodline mapped by the C.L.O.C.A. , flows through the subject land. From the circulated site plan it would appear that the proposed dwelling and tile field are to be set a sufficient distance from the noted tributary. We have no objection to those lands above the 112.0 metre contour being rezoned for residential use. The remainder should be rezoned to Greenbelt , to prohibit buildings and structures." The Tonw of Newcastle Fire 0epartment "no objection" i The Newcastle Building Department "no objection" The Newcastle Public Works Department "I have reviewed the above-mentioned application and have no objection to same provided that a 3.046 metre road widening and a 0.3 metre reserve are dedicated to the Town. In addition the area shown in red on the attached drawing should be regarded in order to provide safe sight distance." I Report No: PD-63-83 . . ./4 COMMENTS: Staff have reviewed the application submitted by Mr. Bolahood and note that the request is to change the zoning of an existing 2.427 hectare (6.0 acre) parcel of land in order to permit the construction of one single family dwelling which is not permitted under the present zoning. We note that the Regional Planning staff have advised us that the proposed residential use would not , in their opinion , be in conformity with the "Residential " land use policies of both the Durham Regional Official Plan and the Bowmanville Urban Area Official Plan due to the lack of availability of full municipal services . In that regard, the existing zoning effectively freezes the use of this existing lot of record. Staff suggest that the zoning of this parcel be changed from "M-1 Light Industrial " to an "Agricultural " zoning, subject to a special condition in order to allow the applicant to use the subject parcel for agricultural purposes including one single family dwelling. Staff note that Section 16.6.4 of the nurham Regional Official Plan permits Council to undertake such a rezoning as follows: "16.6.4 No provision of this Plan shall be deemed to require the Councils of the area municipalities forthwith to zone all lands in the planning area in order to permit immediate development of such lands for their designated use. Some of the areas designated for particular uses in this Plan may, in the zoning by-law, be zoned for agricultural use or j placed in a holding category, pending their being zoned for their designated uses at such time that the Council of the respective area municipality is satisfied that the resulting development will be adequately serviced and will not be premature, provided that any such agricultural or other holding by-laws : i Report No : PD-63-83 . ./5 a) Shall not freeze the use of the subject lands but shall permit a limited range of uses compatible with the provisions of this plan; and b) Shall establish conditions for removing the holding category in order to permit development in accordance with the designated use in the applicable official plan and/or the zoning by-law." Staff note that the predominant use of lands abutting the subject parcel are agricultural and vacant bushland. The approval of an agricultural zone and a related use would be compatible with the adjacent land uses in this area and as a result would avoid freezing the use of this existing lot. Since Section 16.6.4 of the Regional Plan would allow Council to rezone lands which are not immediately required for development in an Agricultural zone; and further, since the Durham Health Unit have advised that they have no objection to this request, which suggests that the site could be adequately serviced by a well and septic system, Planning staff have no objection to the approval of this application. Staff have discussed the proposed by-law with Regonal staff in light of their original comments, and have * been advised by the attached letter dated March 30 1983, that they now have no objection to the proposed rezoning. The applicant should be advised that the Newcastle Public Works nepartment has requested that a 3.048 metre road widening together with a 0.3 metre reserve along the frontage of the said lands , be dedicated to the Town of Newcastle. Staff suggest that this dedication and payment of the Town 's development charge of s6nN take place prior to Council approval of the attached by-law. Report No: PD-63-83 . ./6 We would also note, for the information of the applicant , that Regional development charges would also apply, and he should contact the Region in that regard. Respec 1 fitted, T. T. Edwards, M.C. I .P. cif ector of Planning 1 EY*TTE*mjc rebruary 25, 1983 Applicant : Mr. John Bolahood 76 King Street West OSHAWA, Ontario U H IA6 I i i I t< THE CORPORATION OF THE TOWN OF NEWCASTLE ti BY-LAW NUMBER 83- i being a By-law to amend Restricted Area By-law 1587, as amended, of the former Town of Bowmanville, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law 1587, as amended, of the former Town of Bowmanville, pursuant to the provisions of Section 16.6.4 of the Durham Regional Official Plan. NOW, THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 24 of By-law 1587, as amended, is hereby further amended by adding thereto subsection 24.6 as follows: "24.6 Notwithstanding any provisions of this By-law to the contrary, that part of Lot 9, Concession 2 which is designated "A-2" on the attached Schedule "A" hereto shall be used only in accordance with the following provisions: (1) Permitted Uses - one single family detached dwelling and buildings and structures accessory thereto serviced by a private water supply and sanitary waste disposal facilities - agricultural and farm related uses, but excluding uses which are obnoxious to the public welfare, including poultry farms, mushroom farms, fur farms, hatcheries, commercial dog kennels and piggeries or the raising of hogs. (2) Zone Provisions r (a) Lot Area (minimum) 2.4 hectares (b) Lot Frontage (minimum) 150.0 metres (c) Front Yard (minimum) 10.0 metres (d) Side Yard (minimum) 3.0 metres (e) Rear Yard (minimum) 15.0 metres (f) Minimum Gross Floor Area (i ) One-storey or split level single i family dwelling 110 square metres (ii) One and one-half or two !' storey single family dwelling 130 square metres f (g) Building Height (maximum) 10.5 metre t 2. Schedule "A" to By-law 1587, as amended, of the former Town of Bowmanville is hereby further amended by changing to A-2 and 0-3, the I zone designation of the lands designated "ZONE CHANGE TO A-2" and "ZONE CHANGE TO 0-3" on the attached Schedule "X" hereto. I E I f � C 2 - 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(12) of the Planning Act. By-law read a first time this day of 1983 By-law read a second time this day of 1983 By-law read a third time and finally passed this day of 1983 G. B. RI K RD, MAYOR D. OAKES, MEIN- I THISC- SCHEDULE Y TO BY-LA\�--83- , ' PASSED THIS DAY OF A.D. 1983. ROAD ALLOW. BTW, CONC. 281 3 ' 3E NQD OM mN 0) � N70054'E 150.32mz 1:5 j OD E •r <<r."1. E Q , fl'r' Q t%�•" Q C N N Q U c Z Z N70°54'E 150.32 m ZONE CHANGE TO 'A-2' ( SEAL ) ZONE CHANGE TO ,0_3, G.B.Rickard,Mayor C 0 25 50 IOOm D.W. Oakes,Clerk 50 10 l KEY MAP BOWMANVI LLE LOT LOT LO 1 LOT LOT LOT LOT , LOT LOT I LOT. LOT• I 'i 16 14 13 12 I it 10 I 9 8 I 7 r. 6. I , i SUBJECT I I I SITE I i ol i I i i I