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HomeMy WebLinkAboutP-172-80 w.O�wnlf CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF OCTOBER 9, 1980. REPORT NO. : P-172-80 SUBJECT: Application for Rezoning Number Z-A-1-6-4 and Proposed Subdivision Agreement for Draft Approved Plan of Subdivision Number 18T-77002 - D. R. Agencies (Oshawa) Limited - Part Lots 32 and 33, Con. 2, former Township of Darlington. BACKGROUND: Application for plan of subdivision number 18T-77002, which pro- poses the development of a 7.14 hectare parcel of land located in part of lots 32 and 33 in the former Township of Darlington; for eight single family dwellings; an open space block, and a commercial block, was draft approved by the Minister of Housing on January 7, 1979. Included among the conditions of draft plan approval of this plan were requirements that the land be appropriately zoned in the applicable Restricted Area (Zoning) By-law, that Block 12 be conveyed to the Town for conservation and open space purposes; that up to 5% of the land in the plan, or cash-in-lieu thereof be dedicated to the Town for park purposes under the provisions of Section 33(5) (a) of the Planning Act; and that the proponent enter into a subdivision agreement with the Town. COMMENTS: 1. Draft Subdivision Agreement The attached draft subdivision agreement has been prepared by .f 2 - staff to satisfy the conditions of draft plan approval and to safeguard the Town's interests in respect of the development of this site. The agreement follows the standard format used for subdivisions for which full municipal services are proposed. Special provisions have been added to the standard form of agree- ment to ensure that the Central Lake Ontario Conservation Authority, as well as the Town's Works Department, are enabled to supervise and control fill, construction, lot grading and tree removal on the site. This draft agreement, which has been prepared by the applicant's solicitor and signed by the applicant, has been revised to incorporate comments submitted by Town staff. It would now be appropriate to forward the agreement to Council for execution. 2. Application for Rezoning Number Z-A-1-6-4 The subject site is presently zoned "Greenbelt" and "071" in Restricted Area By-law Number 2111, as amended, of the former Township of Darl- ington. Since residential uses are not permitted in the "Greenbelt" Zone, the applicant has requested that the portion of the site com- prising lots 1 to 8 inclusive on the draft plan be rezoned to permit single family residential uses. The requested amendment would com- ply with the provisions of the Region of Durham Official Plan, the Official Plan of the former Township of Darlington, as amended, and the Courtice South Neighbourhood Plan. It is also required as a condition of the registration of draft approved plan of subdivision number 18T-77002. The application for rezoning submitted by the applicant does not in- clude Block 11, the commercial component of the site, because the - 3 - applicant has not yet finalized proposed site plans for this Block. However, staff has included provision for the subject block in attached By-law, for the following reasons: a) A portion of the land to be subdivided is presently zoned "C-1" in the Darlington Zoning By-law. However, the limits of Block 11 do not coincide with the limits of the C-1 zoning, with part of the floodplain portion of the site zoned "C-1" and part of the tableland portion zoned "Greenbelt". The attached By-law reflects the exact boundaries of the lots and Blocks in the proposed subdivision. b) Block 11 is designated for "Special Purpose Commercial" uses in the Darlington Official Plan and the Courtice South Neigh- bourhood Plan. The existing zoning of the site does not totally comply with the policies of these designations. The attached By-law conforms with the applicable Official Plan policies. RECOMMENDATIONS: It is respectfully recommended: 1. That this report be received for information; 2. That the Planning and Development Committee recommend that the attached subdivision agreement for the D. R. Agencies subdivision be executed by Council; 3. That the Town Clerk be requested to prepare a By-law for the purposes of authorizing the execution of the agreement, to be presented to the October 20, 1980 meeting of Council; 4. That application for rezoning number Z-A-1-6-4 be approved; - 4 - 5. That the attached By-law Number 80- be forwarded to Council for approval; and 6. That the Region of Durham be advised of Council's action in respect of application for rezoning number Z-A-1-6-4. Respectfully submitted, NJF:lb D. N. Smith, M.C.I.P. October 2, 1980 Director of Planning V THE CORPORATION OF THE TOWN OF NEWCASTLE C� A By-law to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington; NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Map 21 of Schedule "A" of By-law 2111, as amended, is hereby further amended by changing to Special Provision By-law 80- the zone designation of the lands designated "ZONE CHANGE TO SPECIAL PROVISION BY-LAW 80- " on the attached Schedule "X" hereto. 2. By-law 2111, as amended, is hereby further amended by adding to Section 13 the following Subsection (v) : "(v) Part of Lots 32 and 33, Concession 2 Notwithstanding any provision of this By-law to the contrary, that portion of Lots 32 and 33 designated "SPECIAL PROVISION BY-LAW 80- " on Schedule "A" hereto shall be used in accord- ance with the following provisions. In the event that there is any conflict between the provisions of this SPECIAL PROVISION and any other provision of By-law 2111, as amended, then the provisions of this SPECIAL PROVISION shall apply, but in the event that this SPECIAL PROVISION is silent on any matter, then the provisions of By-law 2111, as amended, shall apply. The Block Numbers cited herein refer to Block Numbers indicated on Schedule "X-1" hereto. - 2 - 1. Block 1 (i) Permitted Uses - one single family dwelling per lot, and uses, buildings and structures accessory thereto (ii) Zone Provisions (a) Lot Area (minimum) 565 square metres (b) Lot Frontage (minimum) 18.0 metres (where lot lines are not par- allel, the lot frontage shall be the distance between the side lot lines, measured on a line measured on a line 7.5 metres back from and par- allel to, the front lot line.) (c) Front Yard (minimum) 6.0 metres (d) Interior Side Yard (minimum) 1.8 metres, provided that where an attached garage or carport is provided, the minimum sideyard shall be 3.7 metres on the driveway side. (e) Exterior Sideyard (minimum) 6.0 metres 3 - (f) Rear Yards (minima) (i) single family dwelling 7.5 metres (ii) accessory building or structure 1.8 metres (g) Gross Floor Area (minimum) 165.0 square metres (h) Building Height (maximum) 10.0 metres (i) Parking Spaces (minimum) 1 space per single family dwelling 2. Block 2 (i) Definitions For the pruposes of this SPECIAL PROVISION: (a) "PARK" shall mean an area consisting largely of open space, which may include a recreational area, playground, playfield or similar use, but shall not include a mobile home park or a tourist camp. (b) "PARK, PRIVATE" shall mean a park other than a public park. (c) "PARK, PUBLIC" shall mean a park owned or operated by the Corporation of the Town of Newcastle, the Regional Municipality of Durham, the Central Lake Ontario Conser- vation Authority, or any other Authority, Board, Commission or Ministry established under any statute of Ontario or i Canada. i (ii) Permitted Uses i a private or public park, exclusive of all buildings or structures except those required for flood or erosion i control. I I I i i 0 60) - 4 - (iii) zone Provisions (a) Lot Area (minimum) 4 hectares (b) Lot Frontage (minimum) 95 metres 3. Block 3 (i) Definitions For the purposes of this SPECIAL PROVISION: (a) "CATALOGUE SALES OUTLET" shall mean a retail establishment comprised of a merchandise display area and a merchandise warehouse or storage area where customers are required to make their purchases through a central order desk using a merchandise catalogue. (b) "LANDSCAPED AREA" shall mean the open unobstructed space from ground to sky at grade on a lot accessible to pedestrians and which is suitable for the growth and maintenance of grass, flowers, shrubs and other ground cover or landscaping including any surfaced walkways, patios or similar area but does not include any driveway or ramp, whether surfaced or unsurfaced, any curb, retaining wall, parking or display area or any area beneath or within any building or structure. (c) "LOT COVERAGE" shall means the percentage of the total lot area which may be occupied by buildings and/or outside display areas. (d) "RECREATIONAL CLUB" shall mean a private or public establishment the principle use of which shall be recreational or athletic activities. I - 5 - (e) "REQUIRED YARD" shall mean the minimum yard required by this By-law. (ii) Permitted Uses a) a retail sales establishment for - furniture - major appliances - office equipment - motor vehicle equipment and accessories - beer, liquor or wine outlet - a catalogue sales outlet b) outside display and sale of - shrubs, flowers and other related nursery stock and garden supplies - snowmobiles, motorcycles, boats and motors, and recreational vehicles which are not self-propelled. c) a restaurant and/or tavern d) a bowling alley, roller skating rink, assembly hall, banquet hall, recreational club, fraternal organization clubhouse. e) a funeral home f) an animal hospital or veterinary clinic (iii) Zone Provisions a) Lot Area (minimum) 5000 square metres b) Lot Frontage (minimum) 100 metres c) Lot Coverage (maximum) 30% d) Front Yard (minimum) 15.25 metres - 6 - e) Interior Side Yard (minimum) 7.5 metres, provided that where a side lot line abuts • residential zone, or abuts • lot having a residential use situated thereon, within 30 metres of such common lot line, the minimum side yard shall be 10.5 metres. f) Exterior Side Yard (minimum) 10.5 metres g) Rear Yard (minimum) 7.5 metres, provided that where a rear lot line abuts a residential zone or abuts a lot having a residential use situ- ated thereon, within 30 metres of such common lot line, the minimum rear yard shall be 10.5 metres. h) Landscaped Area (.minimum) 40% i) Building Height (maximum) one (1) storey j) Parking Spaces (minima) i) uses listed under (ii)a) above 1 for each 20 sq. metres of total floor area ii) uses listed under (ii)b) above 1 for each 95 sq. metres of total floor area and/or outside display area iii) uses listed under (ii)c) above 1 space for every 4 persons seating capacity or each 15 sq. metres of total floor area whichever is greater - 7 - iv) uses listed under (ii)d) above 1 space for every 6 persons seating capacity or for every 20 sq. metres of total floor area whichever is greater v) uses listed under (ii)e) above 1 space for every 10 persons of capacity vi) uses listed under (ii)f) above 3 spaces per practicioner Q Loading Spaces (minima) - Gross Floor Area Number of Spaces - 500 sq. metres or less 0 - 501 to 2,500 sq. metres 1 - 2,501 to 12,500 sq. metres 2 - for every 12,500 sq. metres or portion thereof in excess of 12,501 square metres 1 additional 1) No parking or loading space shall be located within a required side yard or closer than 5 metres to any street line or 10.5 metres of any lot line which abuts a residential zone or abuts a lot having a residential use situated thereon, within 30 metres of such common lot line. m) No open storage, other than the display of merchandise associated with a use permitted under ii)b) above, shall be permitted. n) No outside display of merchandise shall be permitted within any required yard. 4. Schedule "X-1" to By-law 80- shall form a part of this SPECIAL PROVISION." 8 - 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 32 !e) of the Planning Act. BY-LAW READ a first time this day of , A.D. 1980. BY-LAW READ a second time this day of , A.D. 1980. BY-LAW READ a third time and finally passed this day of A.D. 1980. C. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk i I i I