HomeMy WebLinkAboutPD-27-82 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director
HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF FEBRUARY 22, 1982
REPORT NO. : PD-27-82
SUBJECT: APPLICATION FOR REZONING Z-A-3-6-12
PART OF LOT 32, CONC. 7, FORMER TWP. OF
CLARKE - SHARON WOOD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-27-82 be received; and
2. That application for rezoning Z-A-3-6-12 be approved; and
3. That the attached By-law 82-"'� be forwarded to Council
for approval .
BACKGROUND:
The subject application requests an amendment to Restricted
Area (zoning) By-law 1592 of the former Township of Clarke to
rezone a 3.65 hectare (9.0 acres) parcel of land located in
Lot 32, Concession 7, Clarke. The amendment would permit the
severance and future development of four additional
residential lots.
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564)
Report No. : PD-27-82 . . ./2
The subject lands are located in the "Hamlet" of Leskard as
designated by the Region of Durham Official Plan. The
proposed residential uses are permitted within designated
Hamlet areas in the form of infilling and minor additions to
existing residential development in the area. In that regard
the proposal would conform with the policies of the Regional
Official Plan.
The site is presently zoned "A-Agricultural " by Restricted
Area (zoning) By-law 1592 of the former Township of Clarke.
The proposed By-law amendment would change the zoning of these
lands to "RR-6 Rural Residential" in order to permit the
proposed residential development.
In accordance with departmental procedures, the subject
application has been circulated to various departments and
agencies for comment. The following comments were received:-
The Durham Planning Department
"Please be advised that the subject site is located in the
general vicinity of Leskard, a designated Hamlet in the Durham
Regional Official Plan. Section 10.4.1 .4 permits minor
internal infilling and/or main additions to existing
development in the Hamlet. Proposal appears to conform. The
Durham Plan also indicates the presence of hazard lands on the
site. In this regard, the comments of the Conservation
Authority will be pertinent in determining the suitability of
the site for development. With respect to Regional services,
municipal water and sanitary services are not available to the
Hamlet of Leskard."
The Durham Health Unit (Comments of November 27, 1981 )
"Please be advised that the Durham Regional Health Unit cannot
comment on the above proposal at this time until the following
has been completed:
Report No. : PD-27-82 . . ./3
A soils report is required and it should contain information
as follows:
1 . Ground water determination
2. Grain size distribution at 2-1/2 feet and 5-1/2 feet
depths."
(Comments of January 25, 1982)
"no objection"
Ministry of Agriculture and Food
"We have reviewed the proposed application and have no
objection as this is an extension to the Hamlet of Leskard. A
calculation in accordance with the Agricultural Code of
Practice from a nearby swine operation was done. There is no
conflict as the acceptable distance is 633 feet."
Ministry of Resources
"no objection"
The Ganaraska Conservation Authority
"A part of the property to be rezoned is crossed by a
tributary of Wilmot Creek. The floodplain and steep valley
walls associated with this tributary present a hazard (see
enclosed map). Adequate protection should be provided in the
by-law to ensure that these hazard lands are not developed.
Therefore, with regard to matters under the jurisdiction and
mandate of the Conservation Authority, we would have no
objection to this rezoning provided that:
1 ) no person is permitted to erect, place or alter any
building or structure or private sanitary waste disposal
system or place or remove fill of any kind within that
area as outlined by the fill line on the enclosed map.
2) the Conservation Authority have site plan approval prior
to the issuance of a building permit for any proposed
structures on the subject property."
The Newcastle Fire Department
"The Fire Department has no objection to the proposed rezoning
application. The property is located within an acceptable
travel distance from Fire Station # 3, Orono. "
Report No. : PD-27-82 . . ./4
The Newcastle Public Works Department
"1 . That the Applicant enter into a Subdivision Agreement
with the Town and that this Department be kept informed of the
status of same at all times.
2. That the Applicant submit a Lot Grading and Drainage Plan
for the approval of the Ganaraska Region Conservation
Authority.
3. That all works required be designed and constructed in
accordance with the Town of Newcastle 's Design Criteria &
Standard Drawings.
4. That the Applicant enter into an Agreement with Ontario
Hydro to supply the proposed lots with underground electrical
services.
5. That the Applicant enter into a cost sharing agreement,
with the Town, for road construction.
6. That all driveway accesses be installed by the Town of
Newcastle, in accordance with Town Policy.
7. That all prospective owners be advised that Leskard Road
is a Gravel Truck Route and that they be made aware of noise,
dust and associated problems relevant to the operation of the
gravel pits in the area."
The Newcastle Building Department
"no objection"
COMMENTS:
Staff have reviewed the subject application for rezoning
submitted by Mrs. Wood in light of the comments received
during circulation. The proposal would result in the addition
of four residential lots to the existing residential
development within Leskard. The development of these lots
appears to conform to the policies of the Durham Regional
Official Plan.
Report No. : PD-27-82 . . ./5 ij'
However, it is noted for the Committee's information that
prior to the creation of the proposed residential lots, the
applicant would be required to submit applications for
Subdivision approval to the Town and the Region or
alternatively, severance applications to the Durham Region
Land Division Committee. In either case, the Town would
require the applicant to enter into a subdivision agreement
with the Town of Newcastle, to ensure that all concerns of the
commenting agencies, and the municipality, are adequately
addressed. In that regard, it is our understanding that the
applicant intends to proceed by way of severance application.
During the course of our review of such application, we shall
be requesting that, among our usual conditions of approval ,
the applicant be required to enter into a subdivsiion
agreement which shall include provisions in respect of the
following:
1 . Cash in lieu of parkland dedication;
2. Payment of lot levies;
3. Servicing (private drilled wells, private sanitary waste
disposal systems, hydro, etc. );
4. Cash contributions to road improvements and/or road
widenings;
5. Satisfying the requirements of the Conservation Authority;
6. Warnings registered on title concerning the use of Leskard
Road by heavy truck traffic;
7. Approval to be conditional upon final approval of the
necessary by-law amendment.
Respe,ctf submitted,
T. �. Edwards, M.C.I.P.
Director of Planning
EP:mjc
February 2, 1982
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 25
Being a By-law to amend Restricted Area By-law Number 1592, as
amended, of the former Township of Clarke, 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 1592, as amended, of the
former Township of Clarke.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
enacts as follows:-
1 . Section 5.3 of By-law 1592, as amended, is hereby further
amended by adding thereto subsection (f) as follows:-
"5.3(f) Leskard Road RR-6
Notwithstanding any provisions of this By-law to
the contrary, that parcel of land designated "RR-6"
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.
(2) Lands Subject to Flooding
No person shall erect or alter any building or
structure or remove or place any fill , whether
originating on site or off, within the fill
and construction limits of the tributary of
the Wilmot Creek, as designated by the _
Ganaraska Region Conservation Authority,
without the prior written permission and/or
approval of the Ganaraska Region Conservation
Authority. Furthermore, prior to the issuance
of building permits for any lands within the
RR-6 zone, the written approval of building
siting plans must be obtained from the
Conservation Authority having jurisdiction.
2 -
(3) Zone Provisions
(a) Lot Area (minimum) 0.4 hectares
(b) Lot Frontage (minimum) 45.0 metres
(c) Front Yard (minimum) 25.0 metres
(d) Side Yard (minimum) 7.5 metres
(e) Rear Yard (minimum) 10.5 metres
(f) Gross Floor Area (minimum)
111 .5 sq. metres
(g) Building Height (maximum)
10.5 metres
2. Map 1 of Schedule "A" to By-law 1592, as amended, is hereby
further amended by changing to RR-6 the zone designation of the lands
designated "ZONE CHANGE TO RR-6" on the attached Schedule
hereto.
3. This By-law shall come into effect on the date hereof,
subject to the provisions of Section 35(10) of the Planning Act.
By-law read a first time this 1st day of March 1982 `
By-law read a second time this lst day of March 1982
By-law read a third time and finally passed this 1st day of
March 1982
G. B. RICKARD, MAYOR D. W. OAKES, CLERK
THIS IS SCHEDULE Y TO BY—LAW 82—,2.5_.,
PASSED THIS Est DAY OF March A.D. I982.
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G.B. Rickard, Mayor ZONE CHA
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D.W. Oakes,Clerk 50 10
KEY MAP
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 25
Being a by-law to amend Restricted Area
By-law Number 1592, as amended, of the
former Township of Clarke, now in the
Town of Newcastle
BY-LAW 82-25
The Corporation of the Town of Newcastle
40 Temperance Street
BOWMANVILLE, Ontario
File: Z-A-3-6-12
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