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HomeMy WebLinkAboutPD-45-82 Cad CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO 1_013 1J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 5, 1982 REPORT NO.: PD-45-82 SUBJECT: APPLICATION FOR REZONING Z-A-2-1-7 PART OF LOT 13, CONCESSION 1 FORMER TOWN OF BOWMANVILLE - N. B. VANSTONE RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-45-82 be received; and 2. That application for rezoning Z-A-2-1-7 be approved; and 3. That the attached By-law 82- be forwarded to Council for approval at such time as the applicant has transferred to the Town an appropriate easement for storm sewer purposes. BACKGROUND: The subject application for rezoning requests an amendment to Restricted Area (Zoning) By-law 1587, of the former Town of Bowmanville to rezone a 2073.0 square metre (22,313 square feet) parcel of land fronting on Scugog Street in Bowmanville. �1 d F i ,17 5(w Report No. : PD-45-82 . . ./2 The requested By-law amendment would provide an exemption in the rear yard requirement of the By-law as to enable the applicant to separate a parcel of land with an existing single family dwelling from his total holdings. The subject lands are located within the "Main Central Area" as designated by the Region of Durham Official Plan and the Bowmanville Urban Area Official Plan. Residential uses are permitted under this designation of the Official Plans. The proposed zoning amendment would conform. The site is presently zoned "R-Residential" and "O-Open Space" 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 to reduce the rear yard requirements. 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 "We note that the subject site is located within the Bowmanville Main Central Area designated in the Durham Regional Official Plan and is designated "Central Area" in the Official Plan for the former Bowmanville Planning Area. The proposal to amend the yard requirements in the By-law, in order to facilitate the severance of an existing dwelling from a commercial operation, conforms. We note that the Durham Plan also indicates the presence of Hazard Lands in the vicinity of the subject site. In this regard, the comments of the Conservation Authority will be pertinent in determining the extent of the Hazard Lands." , Report No. : PD-45-82 .. ./3 The Region of Durham Public Works Department "There are watermains and sanitary sewers abutting the frontages of the subject land. Our records also indicate that the existing dwelling on the subject land is presently serviced with municipal water supply and sanitary sewer connections. However, due to the present capacity constraints in the existing sanitary sewers on Scugog Street and downstream from the subject property, we wish to advise that no additional sewer connections will be permitted for any existing or proposed buildings on the retained lands until the capacity contraints in the sewer have been alleviated. The Region has no provision in its capital budget at this time to undertake such works. It should be noted therefore, that with respect to any subsequent application for severance, the Region's comments will state that sanitary sewer service is not available for the retained lands and any proposed development will not meet the full municipal service requirement of the Durham Plan. We would request that the owner/applicant be advised of the foregoing." The Central Lake Ontario Conservation Authority "Authority staff has completed a review of the site of the above proposed rezoning. The lands which are the subject of our review are indicated in red on the attached copy. Based on the above, we have no objections to proposed rezoning Z-A-2-1-7." The Ministry of Natural Resources "No objection" The Newcastle Fire Department "The Fire Department has no objection to the application for rezoning. Access for Fire Department equipment shall be provided to each building by means of a street, private roadway or yard." The Newcastle Building Department "No objections" The Newcastle Public Works Department "1 . That the applicant be made aware of the proposed reconstruction of Scugog Street presently forecast for 1983. Report No. : PD-45-82 . . ./4 2. That the applicant acknowledge the 24" existing storm sewer and storm sewer outfall located on lands to be retained adjacent to the subject property and that the applicant grant to the Town of Newcastle a 10 metre easement for the construction of a replacement storm sewer and storm sewer outfall and the right to subsequent maintenance as a condition of severance. 3. That the future driveway and access be constructed in accordance with the Town's Policy for access at the expense of the applicant." COMMENTS: Staff have reviewed the application submitted by Mr. Vanstone and note that since this application consists of a change in the rear yard setback for this particular property, staff would have no objection to the approval of the subject application. In addition, we note that the reason for this amendment is to allow the severance of an existing residential use from an existing legal non-conforming commercial use, in which case, such a severance would not conflict with the policies of the Region of Durham Official Plan. With respect to the comments of the Town's Works Department, we note that once an application for severance is submitted and reviewed by the Planning Department, staff may impose as a condition of severance, a requirement that the applicant grant to the Town, the appropriate easement for sewers and outfall . However, inasmuch as a severance application has not yet been received, it would be appropriate to defer Council approval of the by-law amendment pending transfer of the required storm sewer easements. Report No. : PD-45-82 .. ./5 In view of the foregoing, and the fact that there were no concerns expressed through the circulation of this application, staff would have no difficulty in recommending approval of the attached By-law amendments. Respectfu-T-T-y. submitted, r �. T. T. Edwards, M.C.I.P. Director of Planning EP*TTE*mjc February 23, 1982 c k THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 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; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1 . Map 3, Schedule "A" to By-law 1587, as amended, is hereby further amended by changing to SPECIAL CONDITION 23 the zone designation of the lands indicated as "Zone Change to SPECIAL CONDITION 23" on the attached Schedule "X" hereto and by adding to the lands so indicated cross-hatching and the figure "23" encircled. 2. Schedule "B" to By-law 1587, as amended, is hereby further amended by adding thereto the following SPECIAL CONDITION 23 as follows: "SPECIAL CONDITION 23 Notwithstanding any provisions of this By-law to the contrary, that parcel of land designated "SPECIAL CONDITION 23" on Schedule "A" hereto shall only be used for the purposes on one existing one-family dwelling and uses accessory thereto in accordance with the provisions of the "General Residential R Zone" save and except that the minimum rear yard for a one-family dwelling shall be 2.5 metres." 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 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. MAYOR CLERK 7r THIS IS SCHEDULE 'X' TO BY-LAW 82-____, PASSED THIS___ DAY OF _ A.D. 1982. 40.45 m tO M 13.97m W a� W _ E N (n M N <V60m E 33'S3� cc "ING 0 S�RFET b h��Gyhi cn ( SEAL ) �4Y 2 ZONE CHANGE TO G.B. Rickard, Mayor SPECIAL CONDITION. 23 0 5 10 20m D.W. Oakes,Clerk 5 1 KEY MAP FORMER TOWN OF BOWMANVILLE 1: 25 000 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 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 BY-LAW The Corporation of the Town of Newcastle 40 Temperance Street BOWMANVILLE, Ontario File: Z-A-2-1-7 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 5, 1982 REPORT NO.: PD-45-82 SUBJECT: APPLICATION FOR REZONING Z-A-2-1-7 PART OF LOT 13, CONCESSION 1 FORMER TOWN OF BOWMANVILLE - N. B. VANSTONE RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-45-82 be received; and 2. That application for rezoning Z-A-2-1-7 be approved; and 3. That the attached By-law 82- be forwarded to Council for approval at such time as the applicant has transferred to the Town an appropriate easement for storm sewer purposes. BACKGROUND: The subject application for rezoning requests an amendment to Restricted Area (Zoning) By-law 1587, of the former Town of Bowmanville to rezone a 2073.0 square metre (22,313 square feet) parcel of land fronting on Scugog Street in Bowmanville. Report No. : PD-45-82 , , ,/2 The requested By-law amendment would provide an exemption in the rear yard requirement of the By-law as to enable the applicant to separate a parcel of land with an existing single family dwelling from his total holdings. The subject lands are located within the "Main Central Area" as designated by the Region of Durham Official Plan and the Bowmanville Urban Area Official Plan. Residential uses are permitted under this designation of the Official Plans. The proposed zoning amendment would conform. The site is presently zoned "R-Residential " and "O-Open Space" 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 to _ reduce the rear yard requirements. 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 "We note that the subject site is located within the Bowmanville Main Central Area designated in the Durham Regional Official Plan and is designated "Central Area" in the Official Plan for the former Bowmanville Planning Area. The proposal to amend the yard requirements in the By-law, in order to facilitate the severance of an existing dwelling from a commercial operation, conforms. We note that the Durham Plan also indicates the presence of Hazard Lands in the vicinity of the subject site. In this regard, the comments of the Conservation Authority will be pertinent in determining the extent of the Hazard Lands." Report No. : PD-45-82 .. ./3 The Region of Durham Public Works Department "There are watermai ns and sanitary sewers abutting the frontages of the subject land. Our records also indicate that the existing dwelling on the subject land is presently serviced with municipal water supply and sanitary sewer connections. However, due to the present capacity constraints in the existing sanitary sewers on Scugog Street and downstream from the subject property, we wish to advise that no additional sewer connections will be permitted for any existing or proposed buildings on the retained lands until the capacity contraints in the sewer have been alleviated. The Region has no provision in its capital budget at this time to undertake such works. It should be noted therefore, that with respect to any subsequent application for severance, the Region's comments will state that sanitary sewer service is not available for the retained lands and any proposed development will not meet the full municipal service requirement of the Durham Plan. We would request that the owner/applicant be advised of the foregoing." The Central Lake Ontario Conservation Authority "Authority staff has completed a review of the site of the above proposed rezoning. The lands which are the subject of our review are indicated in red on the attached copy. Based on the above, we have no objections to proposed rezoning Z-A-2-1-7." The Ministry of Natural Resources "No objection" The Newcastle Fire Department "The Fire Department has no objection to the application for rezoning. Access for Fire Department equipment shall be provided to each building by means of a street, private roadway or yard." The Newcastle Building Department "No objections" The Newcastle Public Works Department "l . That the applicant be made aware of the proposed reconstruction of Scugog Street presently forecast for 1983. Report No. : PD-45-82 . . ./4 2. That the applicant acknowledge the 24" existing storm sewer and storm sewer outfall located on lands to be retained adjacent to the subject property and that the applicant grant to the Town of Newcastle a 10 metre easement for the construction of a replacement storm sewer and storm sewer outfall and the right to subsequent maintenance as a condition of severance. 3. That the future driveway and access be constructed in accordance with the Town's Policy for access at the expense of the applicant." COMMENTS: Staff have reviewed the application submitted by Mr. Vanstone and note that since this application consists of a change in the rear yard setback for this particular property, staff would have no objection to the approval of the subject application. In addition, we note that the reason for this amendment is to allow the severance of an existing residential use from an existing legal non-conforming commercial use, in which case, such a severance would not conflict with the policies of the Region of Durham Official Plan. With respect to the comments of the Town's Works Department, we note that once an application for severance is submitted and reviewed by the Planning Department, staff may impose as a condition of severance, a requirement that the applicant grant to the Town, the appropriate easement for sewers and outfall . However, inasmuch as a severance application has not yet been received, it would be appropriate to defer Council approval of the by-law amendment pending transfer of the required storm sewer easements. Report No. : PD-45-82 _ . ./5 In vi e.4 of the foregoing, and the fact that there gere no concerns expressed through the circulation of this application, staff Hould have no difficulty in recommending approval of the attached By-la4 amendments. lam' Respectf y submitted, QQ T. T. Edgards, M.C.I.P. Director of Planning EP*TTE*mjc February 23, 1982 r WIZ 1 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 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; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Map 3, Schedule "A" to By-law 1587, as amended, is hereby further amended by changing to SPECIAL CONDITION 23 the zone designation of the lands indicated as "Zone Change to SPECIAL CONDITION 23" on the attached Schedule "X" hereto and by adding to the lands so indicated cross-hatching and the figure "23" encircled. 2. Schedule "B" to By-law 1587, as amended, is hereby further amended by adding thereto the following SPECIAL CONDITION 23 as follows: "SPECIAL CONDITION 23 Notwit stan ing any provisions of this By-law to the contrary, that parcel of land designated "SPECIAL CONDITION 23" on Schedule "A" hereto shall only be used for the purposes on one existing one-family dwelling and uses accessory thereto in accordance with the provisions of the "General Residential R Zone" save and except that the minimum rear yard for a one-family dwelling shall be 2.5 metres." 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 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. MAYOR CLERK THIS IS SCHEDULE Y TO BY-LAW 82- , PASSED THIS DAY OF A.D. 1982. 40-45m M 13.97m E W v W E f- r � N (n M N 2i�60m F Sam � k/NG Q 0 STREET 0 o N ( SEAL) y/Gy�gY - N2 2 ®ZONE CHANGE TO G.B.Rickard,Mayor SPECIAL CONDITION. 23 0 5 10 20m D.W. Ookes,Clerk 5 1 KEY MAP FORMER TOWN OF BOWMANVILLE 1.25 000 LOT LOT i L17 L16 i LOT LOT 14 19 18 ' ' 15 i l Q D[ 9 10 I a _� I oao c i PLE\ MAi I z 1 0 m I ti�'r SUBJECT I Oaa�CONCESSION ST TE Ns I � 12 I..�'0 V .LE z 0� I 0� i •'`�'� o � o�o0°ac�0