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HomeMy WebLinkAbout03/06/1989 . .- . . REPORI' n CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLL ONTARIO L1C3A6 TELEPHONE 623-3379 REPORI' TO COUNCIL MEETING OF MARCH 13, 1989 SUBJECT: GENERAL PURPOSE AND AININISTRATION COMMITTEE MEETING OF MONDAY, MARCH 6, 1989 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PD-6l-89 - Report on Rural Residential Development. (b) PD-70-89 - Report of Public Open Houses - Proposed Secondary Plans for Hampton and Orono. (c) CD-4-89 - Schedule of Meetings. (d) FD-6-89 - Monthly Fire Report - January, 1989. (e) WD-35-89 - Dust and Safety Ccncerns on Rudell Road. 2. OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS - MR. & MRS. J. R. GIBSON PARI' LOT 7, CONCESSION 9, FORMER TOWNSHIP OF DARLING'lDN - FILES OPA 88-l06/D AND DEV 88-123 THAT Report PD-52-89 be received, and THAT the applications for Official Plan Amendment File: OPA 88-l06/D and Zoning By-law Amendment File: DEV 88-123 submitted by Mr. and Mrs. J. R. Gibson, to permit the creation of four non-farm rural residential lots, be DENIED, and THAT the Region of Durham be sc advised, and THAT the applicants be so advised, and THAT the delegations be acknowledged and advised. 3. REZONING AND SITE PLAN APPLICATION - VELTRI & SONS L'ID. - PARI' LOTS 8/9, CONCESSION 6, FORMER TOWNSHIP OF CLARKE - FILE: DEV 88-124 THAT Report PD-53-89 be received, and THAT the application for rezoning, submitted by G.M. Sernas and Associates on behalf of Veltri and Sons Limited to permit the development of a fuel bar, be referred back to Staff for a subsequent report pending Staff's receipt of the outstanding comments, and THAT the applicant and applicant I s agent be sc advised, and THAT the delegations be acknowledged and advised. . . . . Report #1 - 2 - March 13, 1989 4. REZONING AND SITE PLAN APPLICATION - O. P. MCCARTHY & ASSOCIATES - PART LOT 12, CONCESSION 1, BOWMANVILLE - FILE: DEV 88-129 (X/REF: 88-l05/N) THAT Report PD-54-89 be received, and THAT the application to amend the Tbwn of Newcastle Comprehensive zoning By-law 84-63, as amended, submitted by John Rice and O.P. McCarthy and Associates Ltd., be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments, and THAT a copy of Council's decision be forwarded to the interested parties attached to Report PD-54-89, and THAT the delegations be acknowledged and advised. 5. REZONING APPLICATION - CARLO ROSSI - PART OF LOT 18, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON - OUR FILE: DEV 88-131 THAT Report PD-55-89 be received, and THAT the application to amend the Tbwn of Newcastle Zoning By-law 84-63, as amended, submitted by Fowler, Davies, on behalf of Carlo ROssi, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments, and THAT a copy of Council's decision be forwarded to the interested parties attached to Report PD-55-89, and THAT the delegations be acknowledged and advised. 6. REMOVAL OF HOLDING (H) SYMBOL 'lD IMPLEMENT LAND DIVISION COMMITTEE APPLICATIONS LD 199/87 'lD 203/87 INCLUSIVE - VAN DYK REALTY (FORMERLY COLVIN) - PART OF LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON - OMB FILES: 870336, 870337, 870338, 870339, 870340 THAT Report PD-56-89 be received, and THAT the rezoning application submitted on behalf of Van Dyk Realty requesting the removal of the Holding (H) symbol from the subject lands within Part of Lot 35, Ccncession 2, Darlington, be approved, and By-law 89-37 be forwarded to Ccuncil for approval, and THAT the applicant be so advised. 7. MR. & MRS. FLIN'lDFF - REQUEST FOR REFUND OF LOT LEVIES - LAND DIVISION COMMITTEE APPLICATION - LD 134/88 THAT Report PD-57-89 be received, and THAT Mr. and Mrs. Flintoff be advised that the Tbwn of Newcastle is not prepared to refund any portion of the lot levy related to Application LD 134/88. . . . . Report n - 3 - March 13, 1989 8. MONI'lDRING OF THE DECISIONS OF THE COOMITTEE OF ADJUS'lMENT FOR MEETINGS HELD ON JANUARY 5, 1989, JANUARY 26, 1989 AND FEBRUARY 9, 1989 THAT Report PD-58-89 be received, and THAT Council concur with the decisions of the Committee of Adjustment on Applications A 1/89 to A 11/89, inclusive, and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment in the event of an appeal. 9. PROPOSED PLAN OF SUBDIVISION - 772503 ONTARIO LIMITED - (REZNICK PARK SUBDIVISION) - PARI' LOT 26, CONCESSION 2, FORMER VILLAGE OF NEWCASTLE 1) SUBDIVISION AGREEMENT - AUTHORIZING BY-LAW - 2) STREEI' NAMES - l8T-78027 THAT Report PD-59-89, as amended, be received, and THAT the request for relief from current TOwn Policy with respect to three street names in Plan of Subdivision l8T-78027, 772503 Ontario Limited, be approved, and THAT By-law 489-38 authorizing execution of a Subdivision Agreement between 772503 Ontario Limited and the Corporation of the Tbwn of Newcastle, be approved, and THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between 772503 Ontario Limited and the Ccrporation of the Tbwn of Newcastle, at such time as an Agreement has been finalized to the satisfaction of the Director of Public WOrks and the Director of Planning. 10. HOUSING POLICY STATEMENT - FILE: PLN 11.1 THAT Report PD-60-89 be received, and THAT Report PD-60-89 be submitted to the Minister of Municipal Affairs and the Minister of Housing as the TOwn's comments on the proposed Housing Policy Statement, and THAT a copy of Report PD-60-89 be forwarded to the Association of Municipalities of Ontario and the Region of Durham for information. 11. OFFICIAL PLAN AMENDMENT, REZONING AND SUBDIVISION APPLICATIONS - 542985 ONTARIO LIMITED, PARI' LOT 15, CONCESSION 3, FORMER TOWNSHIP OF DARLING'lDN - FILES: OPA 87-29/D, DEV 87-88 AND l8T-87076 THAT Report PD-62-89 be received, and THAT the Official plan Amendment submitted by 542985 Ontario Limited to permit the development of a seven lot estate residential subdivision be DENIED, and THAT the above-referenced Rezoning and Subdivision applications be DENIED, and .Report #1 - 4 - March 13, 1989 . THAT the Region of Durham, the applicant and the applicant's agent be so advised, and THAT the delegation be acknowledged and advised. 12. OFFICIAL PLAN AMENDMENT - MR. AND MRS. VIC'lDR COSCARELIA, PARI' LOT 29, CONCESSION 4, FORMER '!'OWNSHIP OF DARLING'lDN - FILE: OPA 87-61/D THAT Report PD-63-89 be received, and THAT the Official Plan Amendment submitted by Mr. and Mrs. victor Coscarella to implement a l2-lot Estate Residential subdivision be DENIED, and THAT a copy of Council's decision be forwarded to the Reg ion, the applicant and the applicant's agent. . 13 . OFFICIAL PLAN AMENDMENT, REZONING AND SUBDIVISION APPLICATIONS - L. STANEK, PARI' LOTS 31/32, CONCESSION 4, FORMER '!'OWNSHIP OF DARLINGTON - FILES: OPA 87-74/D, DEV 87-86 AND l8T-87074 THAT Report PD-64-89 be received, and THAT the Official Plan Amendment submitted by L. Stanek, as revised, to permit the development of a eight lot residential subdivision be DENIED, and THAT the above-referenced Rezoning and Subdivision applications be DENIED, and THAT the Region of Durham, the applicant and the applicant's agent be so advised, and THAT the delegation be acknowledged and advised. 14. OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION - 542985 ONTARIO LIMITED PARI' LOT 15, CONCESSION 3, FORMER '!'OWNSHIP OF DARLING'lDN - FILE: OPA 88-89/D AND DEV 88-106 . THAT Report PD-65-89 be received, and THAT the applications submitted by 542985 Ontario Limited to amend the Durham Regional Official Plan and By-law 84-63 to permit the development of an II-lot Estate Residential subdivision be DENIED, and THAT the applicant and the Region of Durham be sc advised, and THAT the delegation be acknowledged and advised. 15. PROPOSED MODIFICATION 'lD THE '!'OWN OF NEWCASTLE OFFICIAL PLAN PERI'AINING TO PARKLAND POLICIES - FILE: OPA 85-33/ND (22) THAT Report PD-66-89 be received, and THAT the Region of Durham and the Ministry of Municipal Affairs be advised: . i) THAT the Tbwn has no objection to the proposed modifications to the Parkland Policies as contained in the letter dated February 1, 1989 from Ms. Francoise Caron, and . . . . Report n March 13, 1989 5 - ii) That Section 6.3.2(ii) (a) be further modified by inserting the word "generally" before the word "comprises" as it appears in the second line and by replacing the word "may" with "shall" as it appears in the sixth line sc that the entire section now reads: "The Major Qpen Space System within the Courtice Major Urban Area generally comprises those lands below the topographic break in slope of the Black and Farewell Creek systems. The boundaries of the Major Open Space System shown on Schedule 6-1 are not precise and shall only be used as guidelines. More precise boundaries shall be delineated in the zoning By-law in consultation with Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. Council shall encourage the public acquisition of and access to, for passive recreational purposes, the valley lands of the Black and Farewell Creek Systems", and THAT the Region of Durham and the Ministry of Municipal Affairs be forwarded a copy of Report PD-66-89. 16. PROPOSED AMENDMENTS 'lD DURHAM REGIONAL OFFICIAL PLAN AND COMPREHENSIVE ZONING BY-LAW REGARDING AGGREGATE EXTRACTION OPERATIONS - FILES: PLN 4.1 AND PLN 21.1 THAT Report PD-67-89 be received, and THAT the Region of Durham be requested to amend the Durham Regional Official Plan with respect to the mineral aggregate extraction operations identified by this report as having cancelled or revised Ministry of Natural Resources licences, and THAT Staff be authorized to advertise for a public meeting for a proposed amendment to the Comprehensive Zoning By-law 84-63 to: a) remove the "Extractive Industrial (M3)" zone from those lands which are no longer licensed by the Ministry of Natural Resources for aggregate extraction and to place an appropriate zoning on such lands, and b) to clarify the "Permitted Uses" in the "Extractive Industrial (M3) " zone to indicate that processing plant-aggregate, aggregate stockpiling, and outside storage of aggregate materials be permitted only as accessory use, and THAT a copy of Report PD-67-89 and Council's resolution be forwarded to the Region of Durham. 17. CORRESPONDENCE FROM BRIAN WARD, DIREC'lDR OF ENVIRONMENTAL ASSESSMENT BRANCH PERI'AINING 'lD ONTARIO WASTE MANAGEMENT CORPORATION - WASTE MANAGEMENT SYSTEM ENVIRONMENTAL ASSESSMENT - FILE: PLN 17.4 THAT Report PD-68-89 be received; and . . . . Report n 6 March 13, 1989 THAT Mr. Brian Ward, Director, Environmental Assessment Branch, Ministry of the Environment, be advised that the Tbwn of Newcastle objects to the Ontario Waste Management Corporation's request for approval of a planning program for siting, constructing and operating waste collection and transfer services and facilities across the Province at some future date without further approvals under the Environmental Assessment Act; and THAT the Ministry of the Environment, the Region of Durham and Association of Municipalities of Ontario be advised of Council's decision and a copy of Report PD-68-89 be forwarded to same. 18. SUBMISSION BY THE TOWN OF NEWCASTLE ro THE INTERMINISTERIAL Ca.1MITTEE REGARDING THE GREEN PAPER ON FINANCING GROWTH RELATED CAPITAL NEEDS THAT Report PD-69-89, as amended, be received, and THAT a copy of Report PD-69-89, as amended, be forwarded to the Intermin- isterial Committee on Financing Growth Related Capital Needs as to the Tbwn's submission on the Green Paper on Financing Growth Related Capital Needs, and THAT a copy of this Report PD-69-89, as amended, be forwarded to the Association of Municipalities of Ontario, Region of Durham, the Public School Board and the Separate School Board for their information. 19. AMENDMENT 'lD PARKING BY-LAW 'lD PROVIDE FOR DESIGNATED PARKING SPACE FOR THE MAYOR AND FOR PHYSICALLY HANDICAPPED PERSONS THAT Report PD-71-89 be received, and THAT By-law 89-39, being a By-law to amend the Tbwn's Parking By-law 79-1 to provide for on-street reserve parking for physically handicapped persons and for the Mayor be approved, and THAT a copy of By-law 89-39 be forwarded to Mr. Mike Swaga of Durham Regional Police 116 Division. 20. CASH ACTIVITY REPORI' - JANUARY, 1989 - PARI' A THAT Report TR-22-89 be received, and THAT, in accordance with provision of Chapter 302, Section 81 (1) of the Municipal Act, R.S.O. 1980, the Treasurer reports to Committee that the cash position of the Tbwn of Newcastle for the month ended January 31, 1989 is as shown on the schedule attached to Report TR-22-89, and THAT Part A of the expenditures for the month of January, 1989 be confirmed. 21. CASH ACTIVITY REPORI' - JANUARY, 1989 - PART B THAT Report TR-23-89 be received, and THAT, in accordance with provision of Chapter 302, Section 81(1) of the Municipal Act, R.S.O. 1980, the Treasurer reports to Committee that the cash position of the town of Newcastle for the month ended January 31, 1989 is as shown on the schedule attached to Report TR-23-89, and THAT Part B of the expenditures for the month of January, 1989 be confirmed. . . . . Report n 7 March 13, 1989 22. CO-OPERATIVE TENDER WD 1-89, GASOLINE AND DIESEL FUEL THAT Report TR-24-89 be received, and THAT Comtrade Petroleum Inc., Brooklin, Ontario, with a total bid price of $18,162.94 (Section A) Regular Gasoline, being the lowest responsible bidder meeting all terms, conditions and specifications of the Region of Durham Co-operative Tender WD 1-89, be awarded the supply contract for Section A, as required by the Tbwn of Newcastle, and THAT Esso Petroleum Canada Ltd., Don Mills, Ontario, with a total bid price of $18,964.31 (Section B) Unleaded Fuel and $93,413.20 (Section C) Diesel Fuel, being the lowest responsible bidder meeting all terms, conditions and specifications of the Region of Durham Cc-Operative Tender WD 1-89 be awarded the supply contract for Sections Band C, as required by the Town of Newcastle, and THAT the required funds be drawn from the 1989 Current Operating Fleet Budgets. 23. TENDER T89- 3, STACKING CHAIRS THAT Report TR-25-89 be received, and THAT Holmes and Brackel Limited, piCkering, Ontario, with a total bid price of $32,192.64, being the most responsible bidder meeting all terms, conditions and specifications of Tender T89-3, be awarded the contract to supply 400 Stacking Chairs as required by the Town of Newcastle, and THAT the required funds be drawn from the Community Services Lot Levies Account #1110-00156-0000. 24. SPOCIAL OLYMPICS REX;IONAL SWIM MEET THAT Report CS-06-89 be received for information, and THAT approval be given to provide the Newcastle Fitness Centre pool at the non-prime time rate for the purpose of hosting the Special Olympics Regional Swim Meet on Sunday, May 7, 1989, and THAT the Mayor and Members of Council thank Staff for taking every effort to ensure that the Special Olympics Regional Swim Meet is a success. 25. RICHARD PURROl'I"S CONCERN OF DRAINAGE ON MCCALLUM STREET THAT Report WD-34-89 be received, and THAT a copy of Report WD-34-89 be sent to Mr. Richard Purrott, R. R. *1, Hampton, Ontario, LOB lMO. . . . . Report il 8 - March 13, 1989 26. BASELINE ROAD/40l INDUSTRIAL AREA SERVICING STUDY THAT the recommendations contained in Confidential Report ADMIN-7-89 be approved, as amended. 27. LAIDLAW WASTE MANAGEMENT SYSTEMS (DURHAM) LIMITED - APPLICATION TO THE MINISTRY OF THE ENVIRONMENT RE: EXPANSION OF EXISTING SITE, PARI' OF LOTS 11 AND 12, CONCESSION 3, FORMER TOWNSHIP OF CLARKE WHEREAS the Tbwn of Newcastle has been advised that Laidlaw Waste Management Systems (Durham) Limited has applied to The Honourable James Bradley, Ontario Minister of the Environment for an exemption from the requirements of the Environmental Assessment Act to allow an expansion of the existing site on Part of Lots 11 and 12, Concession 3, former Tbwnship of Clarke to permit an additional 300,000 cubic metres of waste to be deposited there, and WHEREAS the implementation of Laidlaw's plans will require the movement of a Trans-Canada Gas Pipeline, and WHEREAS the expansion of the existing landfill site and the relocation of the Gas Pipeline will have a serious effect on the environment, and should not be permitted, until this undertaking has been approved under the Environmental Assessment Act and under appropriate amendments to the Official Plan and Zoning By-laws, and WHEREAS on December 14th, 1987 Council of the Corporation of the Town of Newcastle adopted Resolution IC-1003-87 wherein among other things the Lieutenant Governor in Council was requested to make a regulation pursuant to Section 40 of the Environmental Assessment Act defining a similar enterprise and activity referred to in an Official Plan Amendment application pertaining to the Laidlaw Landfill Site, as a major commercial or business enterprise or activity and to designate same as an undertaking to which the Environmental Assessment Act and all of the requirements and regulations thereto should apply, NCW THEREFORE BE IT RESOLVED FORI'HWITH BY THE COUNCIL OF THE CORPORATION OF THE 'JUi/N OF NEWCASTLE: 1. THAT the Council confirms and ratifies Resolution #C-557-87 passed unanimously by the Ccuncil of the Tbwn of Newcastle on June 23, 1987, 2. THAT the Council records its continued opposition to any further expansion of the Landfill site in question beyond its present approved capacity, 3. THAT the Minister of the Environment be advised that the Tbwn of Newcastle is opposed to the granting of the exemption from the provisions of the Environmental Assessment Act which has been applied for by Laidlaw Waste Systems (Durham) Limited and that the Minister be requested to refuse such application, . . . . Report #1 9 March 13, 1989 4. THAT the Honourable James Bradley, Minister of the Environment, the Regional Municipality of Durham and Laidlaw Waste Systems (Durham) Limited be sc advised, and 5. THAT Mr. Charles Hostovsky, Environmental Planner, Environmental Assessment Branch, Ministry of the Environment, be forwarded the above in response to his memorandum of February 22nd, 1989 to the Tbwn's Director of Public Works. 28. LETTER 'lD MINISTER OF THE ENVIRONMENT RE: LAIDLAW WASTE MANAGEMENT SYSTEMS (DURHAM) LIMITED. THAT the Mayor respond directly to the Minister of the Environment to advise of the inaccuracies in Laidlaw Waste Management Systems (Durham) Limited's letter dated February 22, 1989, addressed to the Minister of the Environment.