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HomeMy WebLinkAboutPD-125-82 t[ 4 4✓ CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO LOBiJO TEL. (416)263-2231 i REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 26, 1982 REPORT NO. : PD-125-82 SUBJECT: PROPOSED REZONING - PART OF LOT 8, CONCESSION 7, FORMER TOWNSHIP OF DARLINGTON RAY ABBOT AND MURRAY MARCHANT - Z-A-1-11-12 I RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-125-82 be received; and 2. That By-law 82- 105 be forwarded to Council for approval upon execution of a subdivision agreement between the applicants and the Town of Newcastle, which shall address the concerns raised by Central Lake Ontario Conservation Authority pursuant to Condition 12(b) of the conditions of draft plan approval of subdivision 181'-77067; and 3. That a copy of the Report PD-125-82 and Council Resolution be forwarded to the applicants. BACKGROUND: In June 1981 , staff received an application for a draft plan j of subdivision (18T-77067) proposing the creation of seven I single-family residential lots on a 2.83 ha (6.99 acre) parcel of land in the Hamlet of Tyrone. i Report No: PD-125-82 . . ./2 Through circulation of the proposed plan, it was brought to staff's attention that a portion of the lots lie within the Regional Flood Plain or are poorly drained. On February 1st, 1982, Council adopted a Resolution recommending to the Minister of Municipal Affairs and Housing that Plan 18T-77067 be given draft plan approval subject to a number of conditions. One of these conditions required an amendment to Restricted Area (Zoning) By-law 2111 , of the former Township of Darlington to restrict the use of those lands identified as being poorly drained or laying within the Regional Flood Plain. The Minister approved the draft plan of subdivision on April 20th, 1982, and incorporated a condition respecting the By-law amendment into the conditions of approval . The subject application for rezoning, received by staff on June 3rd, 1982, is intended to implement approved draft plan of subdivision 18T-77067. The most westerly portion of * Block I, as indicated on Schedule "X-1" to the attached By-law, is presently zoned "R2-Residential " by Restricted Area (Zoning) By-law 2111 , as amended, of the former Township of Darlington; the remainder of the subject site is presently zoned "D-Deferred Development". The proposed By-law amendment would allow a "Special Provision By-law" for this site in order to allow the development of the seven single-family residential lots and to restrict the use of those lands that lie within the Regional Flood Plain or are poorly drained. i I i i i Report No: PD-125-82 . . ./3 In accordance with Departmental procedures, the subject application was circulated to various departments and agencies for comments. The following is a list of the comments received: The Region of Durham Planning Department "The proposal conforms to the Durham Regional Official Plan." The Region of Durham Health Unit "There are no objections to this rezoning proposal . However, it is advisable that further approval of this subdivision be withheld until receipt of a lot servicing plan." The Ministry of Natural Resources "no objection" The Central Lake Ontario Conservation Authority "Condition 12(b) of the conditions of draft approval requires that a detailed hydro-geological analysis be submitted to and approved by the Authority prior to the issuance of building permits. Regarding this point, we feel that the site specific recommendations that may be forthcoming from this Report may be best implemented through the rezoning required for the site of 18T-77067. Based on the foregoing, it is recommended that the approval of rezoning application Z-A-1-11-12 be deferred pending the approval of the noted hydro-geological analysis for the site." The Town of Newcastle Public Works Department "We have no further comments to submit from our comments of July 20th, 1981 , on the subdivision application." i i Report No: PD-125-82 . . ./4 i Town of Newcastle Fire Department "The proposed subdivision is located approximately 13 km from a fire emergency responding station (Qowmanville) with the response time of approximately 12 minutes. For insurance purposes, this places the subdivision out of the 5 mile insurance rate range, which stresses the need for a fire station in the northern section of the Corporation. In regards to water supply for fire protection, the Town of Newcastle policy in respect of fire protection development would require a static water reservoir of approximately 45 000 litres to be designed by a registered professional engineer and in accordance to Town policy." COMMENTS: Staff have reviewed the comments received regarding the rezoning of the subject lands and we note that there were no significant problems with respect to the rezoning. The proposal appears to conform with the policies of the Durham Regional Official Plan and satisfies Conditions 6 and 7 of the conditions of approval for draft plan 18T-77067, as specified by the Ministry of Municipal Affairs and Housing. Planning staff, therefore, have no objection to the approval of the rezoning application. With respect to the comments submitted by the Region of Durham Health Unit regarding further approval of the subdivision, and by the Town of Newcastle Fire Department regarding the fire protection reservoir, staff feel that these issues can be adequately dealt with in the subdivision agreement. With respect to the comments submitted by C.L.O.C.A. , recommending that the rezoning approval be deferred pending the approval of a hydro-geological analysis of the site, staff feel that any site specific recommendations resulting from this analysis can also be adequately dealt with in the subdivision agreement. Report No: PD-125-82 . . ./5 It is therefore recommended that a subdivision agreement only be executed upon approval of the required I hydro-geological analysis, and that By-law 82- implementing the subject rezoning application be approved by Council once a subdivision agreement has been executed. _ ff . Respectfully,-submitted, T. Edwards, M.C.I .P. Director of Planning JAS*TTE*mjc July 8, 1982 Applicant: Ray Abbott and Murray Marchant c/o Abbott Drafting & Design n< 172 King Street East OSHAWA, Ontario L1H 1B7 i i j i i I i i i i 6 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- W, being a By-law to amend Restricted Area By-law 2111, as amended, of the former Township of Darlington, 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 2111, as amended, of the former Township of Darlington; i NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 13 of By-law 2111, as amended, is hereby further amended by adding thereto subsection (rp) as follows: "(mm) Part of Lot 8, Concession 7 Notwithstanding any provisions of the By-law to the contrary, that portion of Lot 8, Concession 7, designated "SPECIAL PROVISION BY-LAW 82- " on the attached Schedule "A" hereto shall be used only in accordance with the following provisions. The Block numbers cited herein refer to Block numbers on Schedule "X-1" hereto. (1) Block 1 (a) Permitted Uses one single family dwelling per lot, and uses, buildings and structures accessory thereto. (2) Block 2 (a) Permitted Uses I no person shall use, erect, place or alter any building, structure, septic tank or tile bed on, or alter any lands within, that area defined as Block 2. i (3) Zone Provisions (a) Lot Area (minimum) 3000 sq. metres (b) Lot Frontage (minimum) 30 metres (c) Front Yard (minimum) 10 metres (d) Interior Side Yard (minimum) 2 metres, or building setback from Block 2, whichever is greater i (e) Exterior Side Yard (minimum) 9.0 metres (f) Rear Yard (minimum) 10 metres, or building setback from Block 2, whichever is greater (g) Minimum Floor Area Requirement i One Storey or Split Level single detached dwelling 110 square metres ii One and One-Half Storey or Two Storey single detached dwelling 130 square metres I I ^ ' ' I - 2 - (h) Bulding Height (maximum) 10 metres (i) Building Setback from Block 2 2 metres 4. Schedule "A" to By-law Number 2111, as amended, is hereby further amended by changing to SPECIAL PROVISION BY-LAW 82- I the zone designation of the lands indicated as "ZONE CHANGE TO SPECIAL PROVISION BY-LAW 82- on the attached Schedule t hereto. r 5. This By-law shall become effective on the date hereof subject to the provisions of Section 35(1) of The Planning Act. BY-LAW READ a first time this day of 1982 , BY-LAW READ a second time this day of 1982 BY-LAW READ a third time and finally passed this day of 1982 i i i G. B. RICKARD, MAYOR i I D. W. RAKES, CLERK 4 i i [ ' f I I THIS IS SCHEDULE Y TO BY-LAW 82- , } PASSED THIS DAY OF A.D. 1982. r I 0) d7 0 J Z 0 W 0 W o t`0 _ 50.29m n U) W N72012�5(fE z") v m E 0 3 6)OD N72012'50"E Jr J 16.97m Q N17050'50'W ° N 22'93M o p N72012'50 E 0 5.03m ti Z I-�— N72012'50"E 327-56m--►i ROAD ALLOWANCE BETWEEN CONCESSION 6 81 7 N 170 50'50°W 33.95m ( SEAL ) ZONE CHANGED TO SPECIAL PROVISION BY-LAW 82- . G.B.Rickard,Mayor i 0 25 50 IOOm 0.W. 0akes,Clerk 50 10 KEY MAP FORMER TOWNSHIP OF DARLINGTON 1:25000 LOT LOT I LOT I LOT I LOT LOT I LOT LOT I LOT II LOT LOT 13 12 I II I 10 I 9 8 7 6 I 5 I�I' 4 1 3 i I I I I 1 I I I I I ( U SUBJECT I I I U SITEI I I I I I z 01 I I I i � I f ' 1 �N ` THIS IS SCHEDULE 1 X1 TO BY-LAW 82-- f PASSED THIS_______DAY OF - A.D. 1982. co 3 z n W 00 3 50.2_9M oN H zM W 00 N72012'507E 21Tmt E It BLOCK 2 E m N72012'50"E M J 16.97m ~ 3 Q NI7050,50 W N 22-93m BLOCK 1 cj 272032'50"E 0 h (� 5.03m ti i 1-*-- N72012 50 E 327-56m—.-1 ROAD ALLOWANCE BETWEEN CONCESSION 6 BI 7 N17050'50"W 33.95m 1 ( SEAL ) r G.B.Rickard,Mayor i 0 25 50 loom D.W. Oakes,Clerk 50 10 i KEY MAP 1e SEE SCHEDULE X TO BY—LAW 82--. I I �