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
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acre) parcel of land located in Lot 2, Concession 2;
fronting on Mearns Avenue within the Town of Bowmanville.
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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.
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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"
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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."
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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 :
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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
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW NUMBER 83-
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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
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(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
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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.
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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-
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THISC- SCHEDULE Y TO BY-LA\�--83- ,
' PASSED THIS DAY OF A.D. 1983.
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ZONE CHANGE
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( SEAL ) ZONE CHANGE
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G.B.Rickard,Mayor
C 0 25 50 IOOm
D.W. Oakes,Clerk 50 10
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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.
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