HomeMy WebLinkAboutPD-134-82 4
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director
HAMPTON, ONTARIO LOB1J0 TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JULY 26, 1982
REPORT NO: PD-134-82
SUBJECT: REZONING APPLICATION Z-A-2-5-2
CEAN INVESTMENTS LIMITED - PART OF LOT 11
CONCESSION 2, FORMER TOWN OF BOWMANVILLE
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-134-82 be received; and
2. That a copy of Report PD-134-82 be forwarded
to the Ontario Municipal Board, and the Board
advised that the Town of Newcastle objects to
the proposed amendments to Restricted Area By-law
1587, as amended, on the basis of non-conformity
with the intent of Section 8.1 .3.1 of the Durham
Regional Official Plan; and
3. That staff and the Town Solicitor be authorized to
make representation beforeth e Ontario Municipal
Board at any Hearing which may be convened in
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respect of the subject application; and
4. That the applicant be advised of Council 's decision.
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Report No: PD-134-82 . . ./2
BACKGROUND:
The lands subject to rezoning application number Z-A-2-5-2 are
part of a draft approved residential subdivision, 18T-74067,
located within the Bowmanville Urban Area.
For a number of reasons, the Owner has not been inl, a position to
proceed with final approval of the subdivision plan . He has, however,
made application to sever three of the lots shown on the draft plan.
Rezoning application Z-A-2-5-2 relates specifically to these three
lots, and was a condition requested by staff and imposed by the
Regional Land Division Committee when they granted approval for the
creation of these lots.
The subject application, Z-A-2-5-2, was received by Newcastle Planning
Department on the 15th day of June, 1981 . The application was, in
accordance with our standard procedures, circulated on June 25th, 1981 .
The initial comments received suggested that there would be no major
problem with this application . However, following the approval of the
severances on July 20th, by the Land Division Committee, Town staff
were advised that due to an overload in the sanitary sewer system,
the Region was appealing the Decision of the Land Division Committee
and indicated that they would no longer be in a position to support
the rezoning application. The decision of the Land Division Committee
was subsequently appealed by the Region and a Hearing is now pending.
The applicant was advised of the Region 's comments and was advised
that Town staff were not prepared to recommend the approval of the
subject application for rezoning and thus clear the condition of
severances until such time as the question of servicing had been
resolved. In our letter to the applicant dated August 31st, 1981 ,
staff requested an indication of what the applicant 's intentions were,
given the servicing limitations. No response was received.
Report No: PD-134-82 . . ./3
The Planning Department received no further correspondence or communication
from the applicant relative to the rezoning application, aside from
telephone discussions in respect of the Region's appeal , until July 13th,
* 1982, copy attached. At that time, the applicant's solicitor advised
that the applicant had undertaken an Appeal to the Ontario Municipal
Board. The Affidavit of the applicant, which was submitted in support
of the Appeal , indicated that Council had refused or neglected to make
a decision with respect to the application. The applicant had filed '
with the Ontario Municipal Board, along with his Appeal , draft amending
By-laws which were prepared in order to meet the condition of severance.
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COMMENTS:
Staff do not feel that the applicant's allegation of neglect on the
part of the Town accurately describes the situation relative to this
application. As indicated, the severance applications which relate
to this rezoning have been appealed by the Region on a matter of
conformity with the Regional Official Plan. To proceed with the
approval of a Zoning By-iaw.without an indication from the Region that
the proposal conformed with the Regional Plan would, in a sense, be
putting the "cart before the horse". The matter of principle relative
to the severances and the matter of conformity with the Regional
Official Plan should be established prior to any attempt to implement
that policy through the Restricted Area (Zoning) By-law.
Town Planning staff believe that the severance applications should
be considered by the Ontario Municipal Board on the basis of
conformity with the Durham Region Official Plan. If, based on evidence
presented at the Hearing, the severances are deemed to conform and
are approved, it would then, on the direction of the Ontario Municipal
Report No: PD-134-82 . . ./4
Board, be appropriate to proceed with any necessary rezoning. We
would, however, suggest that should the Board confirm the decision
of the Land Division Committee and direct the further amendment of
By-law 1587, as amended, that the form of the proposed By-laws be
altered to become more consistent with the Town's own format. For
this reason, and to support the Town's position relative to the appeal ,
we are also recommending that staff and/or the Town Solicitor be
authorized to attend any Hearing which may be convened.
Respee'tful,l: submi tted,
T.LT. Edwards, M.C.I .P.
Director of Planning
TTE*FA*mj c
July 21 , 1982
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BARRISTERS AND SOLICITORS
HARRY GD.ROBERTS,O.C. JOHN B.CONLIN,Q.C. MILTON J.MOWBRAY,O.C. TELEPHONE 367-0620
JOHN G.PARKINSON,O.C. PETER WEBB,O.C. WILLIAM LIBER,O.C.
JOHN R.MILLER BARRIE W.WEBB,O.C, RODERICK R.MACDOUGALL TELEX GARROB 06-23656
RAY G.GOODWIN ROBERT ROSSOW CARL BARRY TARSHIS
DAVID E.FINE J.BRIAN CASEY ROBERT G.DOUMANI 120 ADELAIDE STREET WEST
IAN JAMES LORD J.GORDON MCMEHEN A,CHARLES GLUEK
JONATHAN H.WIGLEY BRIAN A.FARLINGCR DAVID C.POYNTON TORONTO, CANADA
GINA S.BRANNAN EVERT VAN WOUDENBERG
pr�:Ic-° M S H ITS
COUNSEL
FREDERICK G.GAROINER,O.C,LL.D. ED July 9 , 1982
JUL 13 iqu
The Clerk, T4Yr? %) t{t':�da,;�:��t�
Town of Newcastle, CLERK ��P�1 �ThitNr '
Municipal Building,
Hampton, Ontario.
LOB 1JO
Dear Sir: Re : Cean Investments Limited
Our File 17-33 ,529
Your File Z-A-2-5-2
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Cean Investments Limited has undertaken an appeal to
the Ontario Municipal Board in connection with the above-noted
rezoning application.
We are enclosing herewith material that has been filed
with the Board and which we are sending to you in accordance
with the Board' s instructions :
1. A copy of the application to Newcastle Council for
rezoning of the subject lands . Also attached is a
letter of June 25 , 1981 acknowledging receipt
of the application and fee.
2 . An affidavit of Michael Zygocki to the effect that
Council refused or neglected to make a decision
with respect to the application.
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3. A copy of the proposed amending by-law which it
is sought to have Council enact. Attached to
the by-law is an explanatory note prepared in
accordance with the Board' s directions .
If you have any questions related to this material , you
may contact this office.
Yours truly ,
AM:sr:encls . Ann McDonald.
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June 25 1981
Cean Investments
378 King Street West
Oshawa, Ontario
Dear Sirs:
Re: Rezoning application - Part of Lot 11 ,
Concession 2, Bowmanville
Our File #60.35.116
We are in receipt of your application for amendment to the zoning
by-law and fee of $150.00, in regards to the above mentioned property.
We shall be in touch with you in due course regarding Council 's decision.
Yours truly,
David W. Oakes, A.M,C.T.
Town Clerk
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I TOWN OF NEWCASTLE
APPLICATION FOR AMENDMENT TO ZONING BY-LAW
! APPLICATION FORM
(Revised April-1-979)
70: Town of Newcastle � r. ,,;.:..•,• .�
Municipal Building ✓ _
HAMPTON, Ontario
LOB lJO JUN ^1 lg'n 1
Attention: Mr. D. N. Smith M.C.I.P. ry I
Director of Planning
CL E: r. Li i% t„(
Gentlemen:
The undersigned hereby applies to the Town of Newcastle for an amendment
to the Zoning By-law in respect of the lands hereinafter described.
Enclosed herewith is a certified cheque in the amount of $50/$250 payable
to the Town of Newcastle, as a deposit towards the cost of processing
this application. It is hereby agreed that the undersigned shall pay to
e../ the Town of Newcastle any further costs which may be determined by the
Town of Newcastle Council relating to this application.
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TO BE COMPLETED BY APPLICANT OR AGENT
1 . Applicant's Name GEAR rAVE5rl• F_N7S Tel.
Address a__�$ V,i q!T .Sl= W 0 S H A W
2. Agent's Name (if any) Tel. No.
Address
3. Registered Owner's Name SAME Tel. No.
Address
4. Applicant's Interest in Subject Lands:
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_Q W �� prospective purchaser
mortgagor/mortgagee
DISTRIBUTIOL _ neighbouring owner I j
CLERK...\;,' •
any other interest in subject lands
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ACK BY:
...�>.::....
(NOTE Applicant, if not registered owner, should attach hereto,
ORIGINAL TO: if available, a letter from the owner authorizing this
COPIES T0: application.)
t iption of Subject Lands
_ ., . . i �.•. , . i
a of and Concession Number
Lot and Registered Plan Number l�2� 13fq, ILP, 14i /(,, /71 13k0C{L I
Lot Frontage
FILE .. „ (�) Lot Depth
(d) Lot Area i
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6. Present Official Plan Designation(s) k e S t D E HT( 6L-
7. Present Zoning Designation(s)
8. Requested Zoning P. C-5i p C-,M T'i f}L
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9. Existing Land Uses of Surrounding Properties:
j (give detailed description) ��Si pLJ(Tl AL
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10. Existing Land Uses of Subject Lands:
(give detailed description)
VG� �.�
11. Existing Land Uses of Subject Lands have been carried on since
S�VMS0
12. Description of Proposed Uses of Subject Lands:
(give detailed description) (see instructions)
i 5em ; pETAcf{Eo 13 ,L0151
13. Description of Proposed Buildings(s):
(as per site plans, see instructions)
height
number of storeys 1C-
gross floor area ���
number and type of dwelling units
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other use of building
number of parking spaces: (a) indoor
(b) outdoor
number of loading spaces
14. Proposed date of construction for all buildings and structures
► g2102- ig9z
15. Services Available: (a) water ✓
(b) sewer V,
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16. Supplementary Material : (to be attached to this application)
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Appendix 1 - statement disclosing the nature, extent and
reasons for this application.
Appendix 2 - site plans as per instructions shoet.
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17. Statxjtory declaration:
C 10 s.�C ,K
`� O of Q
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i I solemnly declare that:
all above statements and the information contained in all
of the Appendices transmitted herewith are true, and I make
this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as
if made under oath and by virtue of "The Canada Evidence Act".
DECLARED before me at the(!�,'2. ...)
of ,�J�:`:°.`.'�'�:'..../ ..in the Region) \
) �� o <,
of D.(�1 r"'u;�^ ..this.) . .....day) SIGNATURE OF APPL CANT
I of. , .. ..A.D., 19. 1.,)
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C A N A D A )
PROVINCE OF ONTARIO ) IN THE MATTER of the refusal
by the Town of Newcastle with
JUDICIAL DISTRICT OF YORK ) respect to the rezoning of
Part of Lot 11 , Concession 2 ;
TO WIT: )
I, MICHAEL ZYGOCKI , of the City of Oshawa,
in the Regional Municipality of Durham, DO SOLEMNLY
DECLARE THAT:
1. I am the Vice-President of Cean Investments
(Oshawa) Limited (hereinafter "Cean") and in such capacity
have knowledge of the matters hereinafter declared.
2 . On the 24th day of June, 1981 , Cean filed with
the Town of Newcastle application for an amendment to the
zoning by-law for the subject lands .
3 . Council of the Town of Newcastle has refused
or has neglected to make a decision with respect to the
application within one month after the receipt by the
Clerk of the application.
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4 . Now attached herewith and marked Exhibit "A" j
to this my Statutory Declaration is a map showing the
three parcels of land which are the subject lands outlined
in green and for which severances was sought and which
are the subject of Ontario Municipal Board File Nos . A81822 ,
A81823 and A81824 .
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AND I make this solemn Declaration conscientiously
believing it to be true, and knowing that it is of the same
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force and effect as if made under oath, and by virtue of
"The Canada Evidence Act. "
DECLARED before m at the City )
of Toronto in the nicipality )
of Met o o itan To onto this ) �
8t d f J 9 ) '
MICHAEL ZYGOCKI
A Comdis inner, etc.
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Residential
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,02` �' �.i -� Residential i
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G,F'G S/IS EXH BIT "A" TO
H STATUT RY DECLARATION
I � Pr F ICHAE ZYGOCKI SWORN
s 8th day
A C issioner, etc. !
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Location rip
PROPOSED PLI>N OF SL'BDIVISTOPJ -_
cauol o �
CORNERS -�.
MINISTRY OF HOUSING � SITE r
FILE 18T-74067
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MAPLE GROV •f ti) n \` 3111
TOWN OF NEWCASTLE
(B OWMANV I LLE)
CEAN DEVELOPMENTS OWMANVILLE 0- 1 11
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. BY-LAW woMooa
A by-law to amexd 8Y-Lao 1687, as
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amended, being the
Restricted Area /
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By-Law of the former Town of
Bowmuuvilla
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THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE
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HEREBY 'ENACTS AS ro��owa'
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Schedule
. /u' to By-Law 1587, as amended, being a schedule �
of Special Conditions and Exceptions, is hereby further amended by
adding thereto the following provisions:
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SPECIAL comozTzom mu. ?j�_-,
& parcel of land on the east aide of High Street, in oovnnaoville, |
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as shown on Schedule 'a' cross-hatched and marked | |
"Special Condition " shall be subject to the special regulations �
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hereinafter contained and where there is any conflict between the
regulations hereinafter set out and any other provisions of this
by-law, or By-Law 1587 as amended, the provisions of these
special regulations shall apply, but in all other respects the
.
Provisions of the General Residential R Zone, as specified in
By-Law 1587 as amended, will apply:
1. 1 Defined Area - The area subject to this
special condition is shown
cross-hatched in Schedule 'A' �
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attached hereto and marked
.
"Special Condition "
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1.2 Permitted - No building or structure may
be erected or used and no land
may be. uaed for any purpose /
except for the purposes of a �
single family dwelling. |
SPECIAL CONDITION mo. Y
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A parcel of land on the east side of High Street, in aowmaqvill=,
as shown on Schedule 'A' cross-hatched and marked |
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"Special Condition " nball be subject to the special regulations � !
hereinafter contained and where there is any conflict between the | �
regulations hereinafter set out and any other provioi' oa of this
by-law, or By-Law 1587 as n-mended, the provisions of these �
special regulations shall apply, bull in all other respects' the i
provisions of the General Residential B Zone, as specified in �
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BY--Law 1587 as amended, will apply:
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1.1 Defined Area - The area subject to this
ispecial condition is shown
cross-hatched in Schedule 'A'
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attached hereto and marked
"Special Condition to
1.2 Permitted Uses - No building or structure may
be erected or used and no land
may be used for any purpose
except for the purposes of a
single family dwelling.
1.3 Special Pro- - A minimum lot frontage of
visions 14 metres (45.93 feet) shall
be provided.
SPECIAL CONDITION Z
A parcelof land on the east side of High Street, in Bowmanville,
as shown on Schedule 'A' cross-hatched and marked
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"Special Condition _" shall be subject to the special regulations
hereinafter contained and where there is any conflict between the
regulations hereinafter set out and any other provisions of this
by-law, or By-Law 1587 as amended, the provisions of these
special regulations shall apply, but in all other respects the
provisions of the General Residential R Zone, as specified in
By-Law 1587 as amended, will apply:
1.1 Defined Area - The area subject to this
special condition is shown
cross-hatched in Schedule 'A'
attached hereto and marked
"Special Condition "
1.2 Permitted Uses - No building or structure may
be erected or used and no land
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may be used for any purpose
exept for the purposes of a
single family dwelling.
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1. 3 Special Pro- - No building or structure may
visions _
be located less than 53.34
metres (175 feet) from the
centre line of a railway i
track.
2. Map 1 attached to By-Law 1587, as amended, is hereby
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further amended as shown on Schedule 'A' attached to this by-law.
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LNACTED and PASSED this day of 1982
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Mayor
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116.7-6 N r) • 10.00
-2,51 to It 0
BLOCK 37 C)
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64
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45.10 41
BLOCK 38 P'_D
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28 40'E N
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lot,
4 1,57 to 00
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CP
72°21'E Cie n
CD 45- 60
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tcia --Condition X.
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N7104 5'30"E 51.82
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It-f-0051 N73'48'30't 56.57
peci a C an i i%b n Y
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w p ci 1 Condition Z41
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SChEDULE "A To
BY-LAW
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EXPLANATORY NOTE
EXISTING ZONING
The subject lands are currently zoned General
Residential R in the Restricted Area By-Law 1587, which zoning
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permits a wide variety of residential dwellings and other uses
such as churches, hospitals and professional offices.
PURPOSE OF BY-LAW
The subject lands are part of a larger holding located
to the rear of these lands and on which draft approval of a plan
of subdivision was given by the Ministry of Housing on August 5,
1980. It is proposed that the subject lands be developed
independently from the rest of the plan of subdivision due to
their orientation to High Street and their relationship as
infilling to existing residential development on that street.
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EFFECT OF BY-LAW
This by-law provides special zoning provisions for the
subject lands within the General Residential R Zone as follows:
(a) none of the wide variety of uses generally
permitted in a General Residential zone will
be permitted on these lands. They may only
be used for the purposes of one single family
dwelling on each lot;
(b) the building lot designated "Special Condition Y"
shall be permitted to have a frontage of 14 metres
(45.93 feet) notwithstanding that the General
Residential R Zoning requires a frontage of 50 feet;
(c) the building lot designated "Special Condition Z"
is located in proximity to railway lands. This
zoning would impose an additional requirement
over and above the General Residential R Zone
provisions, that no building be located closer
than 53.34 metres (175 feet) from the centre line
of the railway track. This provision is in
accordance with one of the conditions of draft plan
of subdivision approval of the adjacent lands.
LOCATION OF LANDS AFFECTED
The subject lands are located on High Street, north
of the C.P.R. railway tracks, in the former Town of Bowmanville.
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Their location is more precisely outlined on the map attached as
Schedule 'A' to this by-law.
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