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HomeMy WebLinkAbout1979-11-08TOWN OF NEWCASTLE Planning and Development Committee Roll November 8, 1979 Minutes of a meeting of the Planning and Development Committee held on Thursday, November 8, 1979, at 7 p.m. in Court Room #1 Call Present were: Councillor Ann Cowman, Chairman Councillor Keith D. Barr, Member Councillor Wm. Clarke, Member -until 9:35 p.m. Councillor Ivan M. Hobbs, Member Councillor J. W. Holliday, Member - at 7:05 p.m. Councillor Maurice Prout, Member Mayor G. B. Rickard, Member - at 7:05 p.m. Deputy Clerk, G. Gray, Secretary Also Present: Town Manager, A.C.W. Guiler Director of Planning, D. Smith Resolution #PD -495-79 Moved by Con. Prout, seconded by Con. Hobbs Adoption THAT the minutes of the meetings held on October 15th, of Minutes 1979 be adopted as read. "CARRIED" Delegations Mr. John Riznek spoke to the Committee relative to a proposed plan for a 20 acre site at the corner of Highway #2 and Tully's Road, which included a 6 acre commercial site fronting on John Riznek Highway #2 and residential lots at the back and asked that this plan be considered during the formulation of the Courtice Urban Area Neighbourhood Plan. Mr. David MacGregor spoke to the Committee on behalf of Jasco D. MacGregor in the Village of Newcastle and asked for consideration of the Zoning Z -A-3-11-5 inclusion in the zoning by-law to permit the use of a pole barn Jasco to store and dry lumber. Resolution #PD -496-79 Moved by Con. Hobbs, seconded by Con. Holliday Mr. Leonard THAT Mr. Leonard be heard. "CARRIED" Planning & Development - 2 - November 8, 1979 O.P.A. 20 Mr. Leonard appeared for Windsweep Farms relative to O.P.A. 20 and presented a letter giving the reasons, why, in their opinion, O.P.A. 20 is not premature. Resolution #PD -497-79 Moved by Con. Clarke seconded by Mayor Rickard Mr. Aitchison THAT Mr. Aitchison be heard. "CARRIED" Mr. Aitchison appeared relative to the Rezoning Application Z -A-3-10-3 (Watson) and stated that Zoning the Ganaraska Region Conservation Authority would Z -A-3-10-3 not consider the building of a retaining wall (Watson) on the property and his client was not able to comply with the Authority's suggestion that the building be moved 50' from the Creek because of a septic system. He asked that the rezoning be granted on condition that a retaining wall be built. Resolution #C-1486-79 - That O.P.A. 20 be dealt with O.P.A. 20 by the Planning and Development Committee as the first item of business after delegations at the meeting on November 8th, 1979. Resolution #PD -498-79 Moved by Con. Barr, seconded by Con. Prout THAT it be resolved that the Region of Durham be advised that the Town of Newcastle has an objection to the proposed O.P.A. 20 to the Durham Regional Official Plan and O.P.A. 20 should be denied as it is premature at this time. "LOST" Resolution #PD -499-79 Moved by Con. Holliday, seconded by Con. Hobbs THAT the previous resolution be amended by adding 'until a suitable agreement has been reached between the Town and the Developer. "LOST" Planning & Devleopment - 3 - November 8, 1979 Councillor Barr introduced a further amendment to the motion which was challenged by Mayor Rickard. The challenge was upheld by a show of hands. Resolution #PD -500-79 Moved by Mayor Rickard, seconded by Con. Clarke THAT the following recommendation in Report P-155-79, presented to the meeting on August 23, 1979, be recommended to Council: 1. The Region of Durham be advised that the Town of Newcastle has no objection to proposed Amendment 20 to the Durham Regional Official Plan affecting lots 28, 29, 30 and 31 of Concession 1 and the Broken Front Concession within the former Village of Newcastle and that Section B of said amendment be revised by the addition of the following clauses: O.P.A. 20 (f) access to and from the subject lands including any necessary works related to the reconstruction of the Mill Street grade separation, Toronto StreetLevel crossing and improvements to local roads. Section B (ii) - Prior to major new development taking place within the area subject of this amendment, the existing Canadian National Railway grade separation at Mill Street shall be reconstructed at no cost to the Region of Durham or the Town of Newcastle; or alternatively an agreement entered into between the area municipality and the landowner as specified in Section B (i) above, which satisfies the Town's — financial concerns relative to this re- construction. "CARRIED" Resolution #PD -501-79 Moved by Con. Holliday, seconded by Con. Barr Recess THAT there be a 5 minute recess. "CARRIED" Planning & Development - 4 - November 8, 1979 i Resolution #PD -502-79 Moved by Con. Hobbs, seconded by Con. Holliday Hampton Court TIAT report of the By-law Enforcement Officer Estates Sign relative to Hampton Court Estates sign, be received for information. "CARRIED" Resolution #PD -503-79 Moved by Con. Holliday, seconded by Con. Prout Application THAT the recommendation inReport P-204-79, relative for Rezoning to Rezoning Application Z -A-3-10-3, part lot 28, Z -A-3-10-3 Concession 5, former Township of Clarke (Watson) (Watson) be endorsed and the following recommendation in Report P-163-79 be adopted: 1. That application for rezoning number Z -A-3-10-3 be denied and 2. That the Town Solicitor and appropriate Staff be instructed to proceed with the mandatory injunction granted by the Supreme Court of Ontario, on December 15, 1978, inrespect of the subject lands. "CARRIED" Resolution #PD -504-79 Moved by Con. Holliday, seconded by Con. Hobbs THAT the recommendation in Report P-202-79 be endorsed and Report P-174-79 be lifted from the table and considered by the Committee. "CARRIED' Resolution #PD -505-79 Moved by Mayor Rickard, seconded by Con. Hobbs THAT the following recommendation in Report P-174-79 be endorsed; and the Region of Durham be advised that: O.P.A. 1. The Town of Newcastle considers the redesignation 79-6/D of the Gabourie property, part of lot 35, Concession 3, Gabourie former Township of Darlington, O.P.A. 79-6/D as premature, and further Planning & Development - 5 - November 8, 1979 2. The Town feels that it would be appropriate for file 79-6/D to be held open pending future consideration of the subject proposal. "CARRIED" Resolution #PD -506-79 Moved by Con. Prout, seconded by Con. Hobbs McEwen THAT the recommendation in Report P-201-79, relative Purchase to McEwen purchase from the Town of Part of Lot 14, from Town Concession 1, Bowmanville be endorsed and Report 179-79 lot 14, be lifted from the table and received and filed and the Concession 1 Committee Secretary be instructed to request the applicant Bowmanville to submit revised plans. "CARRIED" Resolution #PD -507-79 Moved by Mayor Rickard, seconded by Con. Holliday THAT the recommendation in Report P-203-79 relative to Rezoning Application for Rezoning Z -A-3-6-5, part lot 32, Z -A-3-6-5 Concession 7, former Township of Clarke, Dennis and Prue Vella Prue be endorsed and the Committee provide the following direction to Staff that, the applicant having been present at Council and having expressed his concerns and Council being aware of his concerns, the proposed action of Council not be proceeded with. "CARRIED" Resolution #PD -508-79 Moved by Con. Prout, seconded by Con. Hobbs O.P.A. 25 THAT Report P-191-79, relative to Amendment 25 to the Durham Regional Official Plan, be received for information. "CARRIED" Councillor Clarke left the meeting at this point, 9:35 p.m. on other Municipal business. Planning & Development - 6 - November 8, 1979 Resolution #PD -509-79 Moved by Con. Holliday, seconded by Con. Prout THAT the following recommendation in Report P-192-79 R-60 relative to R-60 to the Regional Official Plan (Ridge Pine Park Mobile Home Retirement Park) be endorsed and the Clerk advise Mr. B. A. Brown that his letter of September 26, 1979 has been filed with the Planning Department and it would be appropriate for him to contact the Planning Department in respect of this matter for further information. "CARRIED" Resolution #PD -510-79 Moved by Mayor Rickard, seconded by Con. Barr THAT the recommendation in Report P-193-79 relative to Plan of Subdivision 18T-76021, Lot 28, Concession 1, former Village of Newcastle be endorsed and it be recommended to Council that the proposed plan of subdivision Number 18T-76021 be recommended to the Minister of Housing for draft approval subject to the following: 1. That this approval applies to draft plan of subdivision 18T-76021, dated November 7, 1974, as revised in red, and dated September 26, 1978, with additional revisions dated March 15, 1979 and further revised in red dated October 26, 1979, in accordance with the recommendations contained herein; 2. That five (5) copies of a revised plan of subdivision incorporating the required revisions be submitted to the Town of Newcastle Planning Department for review, prior to the Town notifying the Ministry of Housing of its recommendation; 3. That once the revised plans have incorporated the requested revisions, staff be authorized to inform the Minister of Housing that the Town of Newcastle recommends approval of the application for plan of subdivision 18T-76021 subject to the following conditions: (i) That this approval applies to the draft plan, dated November 7, 1974, as revised in red dated May 24, 1978 further revised and dated September 26, 1979, with additional revisions dated March 15, 1979, and further revised in red according to the recommendations of Staff Report P-193-79 of the Corporation of the Town of Newcastle, dated October 26, 1979. Planning & Development - 7 - November 8, 1979 (ii) That the road allowances indicated in this draft plan shall be dedicated as public highways; (iii) That the proposed streets shall be named to the satisfaction of the Town of Newcastle and the Regional Municipality of Durham; (iv) That the zoning for the development of these lands shall have been approved pursuant to Section 35 (10) of The Planning Act, R.S.O. 1970, prior to registration of the plan; (v) That the owner pay cash -in -lieu of a 5% parkland dedication in order to satisfy the provisions of Section 33 of The Planning Act; (vi) That the owner agrees in writing to satisfy all requirements, financial and otherwise, of the Town of Newcastle and the Regional Municipality of Durham concerning the provision of roads, installation of services, drainage and fire protection; (vii) That the owner grants to the appropriate authorities free and clear of all encumbrances, such easements as may be required for utility or drainage purposes; Subdivision (viii) That the owner enters into a subdivision agreement 18T-76021 with the Town of Newcastle to include, in addition (Huzar) to the usual requirements, the following provisions: (a) That prior to commencing any works upon the subject lands, the owner shall have erected, ten (10) feet inside the top -of -bank, a snow fence or other suitable barrier to prevent the unauthorized dumping of fill or alterations to vegetation in the steeply sloping portion of this site. The actual location of the barrier shall be approved, in writing, by the Conservation Authority prior to commencement of work and shall be maintained in a good state of repair during all phases of development. (b) The applicant shall agree to pay a cash contribution towards the eventual improvement of Mill Street.and the Mill Street and Canadian National Railway grade separation, the amount of which shall be determined by the Town Manager and Director of Public Works based on an apportionment of the expected total costs of the reconstruction against the total developable lands of the subject site. "CARRIED" Planning & Development - 8 - November 8, 1979 Resolution #PD -511-79 Moved by Con. Holliday, seconded by Con. Barr THAT the recommendation in Report P-194-79, relative to Plan of Subdivision 18T-74067, Cean Investments, be endorsed and it be recommended to Council that the proposed Plan of Subdivison 18T-740679 be recommended to the Minister of Housing for approval subject to the following: 1. That this approval applies to draft plan of subdivision dated November 17, 1975 as revised on January 26, 1976, March 22, 1979 and August 29, 1979 and further revised in red dated October 29, 1979, in accordance with the recommendations contained herein; 2. That five copies of a revised plan of subdivision, incorporating the required revisions be submitted to the Town of Newcastle for review, prior to the Town notifying the Ministry of Housing of its recommendation;: 3. That once the revised plans have incorporated the requested revisions, staff be authorized to inform the Ministry of Housing that the Town of Newcastle recommends approval of the application for plan of subdivision 18T-74067 subject to the following conditions: (i) That this approval applies to the draft plan dated November 17, 1975 as revised on January 26, 1976, March 22, 1979 and August 29, 1979 and further revised in red dated October 29, 1979, in accordance with the recommendation in Staff report P-194-79 of the Corporation of the Town of Newcastle; (ii) That the road allowances indicated in this draft plan shall be dedicated as public highways; (iii) That the proposed streets shall be named to the satisfaction of the Town of Newcastle and the Regional Municipality of Durham; (iv) That the zoning for the development of these lands shall have been approved pursuant to Section 35(10) of The Planning Act, R.S.O. 1970, prior to registration of the plan; (v) That the owner pay cash -in -lieu of a 5% parkland dedication in order to satisfy the provisions of Section 33 of The Planning Act, R.S.O. 1970; Planning & Development - 9 - November 8, 1979 1 (vi) That the owner agrees in writing to satisfy all requirements, financial and otherwise, of the Town of Newcastle and the Regional Municipality of Durham concerning the provisions of roads, installation of services, drainage and fire protection; (vii) That the owner grants to the appropriate authorities free and clear of all encumbrances, such easements, as may be required for utility or drainage purposes; (viii) That the applicant satisfy all conditions and requirements of the Ministry of the Environment in respect of noise attenuation, including any necessary revisions to the proposed draft plan. (ix) That the owner enter into a subdivision agreement with the Town of Newcastle to include, in addition to the usual requirements, the following provisions: (a) That Block 36 be dedicated to the Town of Newcastle as a buffer strip between the development and the Canadian Pacific Railway, to be graded and landscaped to the satisfaction of the Town of Newcastle and/or developed in accordance with all recommendations of the Ministry of the Environment in respect of noise attenuation. (b) That the applicant provide a 6 foot high chain link fence along the common property line between the subject lands and the Canadian Pacific Railway right-of-way. (c) That the applicant ensures that there is no increase in the flow of natural surface drainage on to the railway right-of-way. Any modifications to existing railway culverts or additional culverts required to accommodate all storm drainage, to be the responsibility of the applicant. (d) That the applicant provide for the installation of noise abatement devices, to the satisfaction of the Ministry of the Environment. (e) That the applicant provide fencing and/or screening within the side yards of lots 3, 5, 35, 24 and 23 opposite the Canadian Pacific right-of-way, and fencing only within Block 37 abutting the existing residential lots and lots 8 and 9. Planning & Development Subdivision 18T-74067 Cean Investment - 10 - November 8, 1979 (f) That the applicant will implement the recommendations of any required noise level analysis as approved by the Ministry of the Environment and the Town of Newcastle. (g) That the applicant will register on title of those lots affected by excessive noise levels, as identified by an approved noise level analysis, a warning to that effect. "CARRIED" Resolution #PD -512-79 Moved by Con. Hobbs, seconded by Con. Rickard THAT the recommendation in Report P-195-79 relative O.M.B. to O.M.B. Hearing re By-law 78-117, (William Henderson) Hearing be endorsed and the report be received for information By-law 78-117 and the applicant and the Ontario Municipal Board be (Henderson) advised that the Town of Newcastle will not be represented at the Ontario Municipal Board Hearing in respect of By-law 78-117. "CARRIED AS AMENDED" Resolution #PD -513-79 Moved by Con. Holliday, seconded by Con. Barr THAT the previous resolution be amended to read that Staff be represented at the O.M.B. Hearing in support of the application. "CARRIED" Resolution #PD -514-79 Moved by Con. Hobbs, seconded by Con. Barr Oshawa THAT it be recommended to Council that Oshawa By-law By-law 110-79 be received and filed. 110-79 "CARRIED" Resolution #PD -515-79 Moved by Con. Holliday, seconded by Con. Barr Oshawa THAT it be recommended to Council that Oshawa By-law By-law 91-79 be received and filed. 91-79 "CARRIED" Planning & Development - 11 - Resolution #PD -516-79 November 8, 1979 Moved by Con. Holliday, seconded by Con. Prout THAT the recommendations in Report P-198-79 be endorsed and Derelict 1. The matter of the licensing of 'Derelict Motor Motor Vehicle Sites' be referred to the Finance and Vehicles Administration Committee. 2. Staff be authorized to prepare the necessary zoning by-law amendments for control of 'Derelict Motor Vehicle Sites'. "CARRIED" Resolution #PD -517-79 Moved by Mayor Rickard, seconded by Con. Holliday THAT there be a 2 minute recess for coffee. "CARRIED" Resolution #PD -518-79 Moved by Con. Hobbs, seconded by Con. Prout THAT the Fire Chief's Report relative to Fire Calls at Dom's Auto Wreckers be received for information and followed up by the Finance and Administration Committee. "CARRIED" Resolution #PD -519-79 Moved by Mayor Rickard, seconded by Con. Barr THAT the following recommendations in Report P-199-79 relative to Rezoning Z -A-3-11-5 (Cooper), be endorsed: Rezoning 1. That application for rezoning Number Z -A-3-11-5, Z -A-3-11-5 as it applies to Parts 7 and 8, Plan 1OR943, be (Cooper) approved; Planning & Development - 12 - November 8, 1979 2. That consideration of application for rezoning number Z -A-3-11-5, as it applies to parts 1 and 2, Plan 1OR299, be deferred pending the completion of a District Plan for the Newcastle Village Central Area, as required by the Region of Durham Official Plan, and the submission by the applicant of a detailed site plan; 3. That the attached by-law be forwarded to Council for approval and 4. That the entire J. Anderson Smith Company site be designated a Site Plan Control Area, under the provisions of Section 35(a) of The Planning Act. "CARRIED AS AMENDED" Resolution #PD -520-79 Moved by Con. Barr, seconded by Con. Holliday THAT the previous resolution be amended that the by-law be revised to include a definition of 'warehouse' and the appropriate changes be made to the by-law and it be submitted to Council. "CARRIED" Resolution #PD -521-79 Moved by Con. Prout, seconded by Con. Holliday Special THAT Report P-200-79 relative to Special Study Area 8 Study City of Oshawa Planning Study be received for information. Area 8 Oshawa "CARRIED AS AMENDED" Resolution #PD -522-79 Moved by Mayor Rickard, seconded by Con. Holliday THAT the previous resolution'be amended to add that the Town of Newcastle request that the Terms of Reference be revised in Item 2, 5th paragraph, (Comments) by substituting 'within the limits of Sepcial Study Area 8' for 'within the corporate limits of the City of Oshawa' and adding 'and the financial impact statement be assessed prior to any redesignation'. "CARRIED" Planning & Development - 13 - November 8, 1979 Resolution #PD -523-79 Moved by Con. Hobbs, seconded by Con. Barr Committee THAT the minutes of the meeting of the Committee of of Adjustment, held on October 24, 1979, be received Adjustment for information. "CARRIED" Resolution #PD -524-79 Moved by Con. Hobbs, seconded by Con. Prout THAT the recommendation in Report P-205-79 be endorsed and it be recommended to Council that: Courtice WHEREAS the Town of Newcastle deems it appropriate Urban Area to make certain further modifications to the proposed Plan Urban Area Plan for Courtice for the purposes of clarification, BE IT NOW THEREFORE RESOLVED that the Town of Newcastle hereby requests the Regional Municipality of Durham to make the modifications to the Courtice Urban Area Plan outlined in the attached staff report and to adopt the Courtice Urban Area Plan incorporating the requested modifications as soon as possible. "CARRIED" Resolution #PD -525-79 Moved by Con. Barr, seconded by Con. Prout THAT the proposed Urban Area Plan for the former Village of Newcastle contain policies in respect of phasing Newcastle whereby neighbourhoods adjacent to the main central area Village of the Village would be allowed to develop on a first Urban priority basis. Other areas as may be defined in the Area Plan Urban Area Plan are to be developed upon the completion of substantial development in the neighbourhoods adjacent to the Main Central Area. Resolution #PD -526-79 Moved by Mayor Rickard, seconded by Con. Holliday THAT the matter be referred to the Director of Planning. "CARRIED" Planning & Development Committee - 14 - November 8, 1979 \ I Resolution #PD -527-79 Moved by Con. Barr, seconded by Con. Prout THAT the Town of Newcastle hereby requests the Paramount Region of Durham to consider designating the southerly Lands portion of lands owned by Paramount Developments Ltd. within Designation the former boundary of the Village of Newcastle as a "D" area - for future development. "CARRIED" Resolution #PD -528-79 Moved by Mayor Rickard, seconded by Con. Prout Riznek THAT Mr. J. Riznek's presentation be acknowledged and Presentation referred to the Director of Planning for consideration in the Neighborhood Plan for the Courtice Area. "CARRIED" Resolution #PD -529-79 Moved by Con. Barr, seconded by Con. Prout Windsweep THAT Mr. Leonard's presentation relative to O.P.A. 20 Farms re be acknowledged and the letter from Windsweep Farms O.P.A. 20 (1965) Limited, dated November 7th, 1979, be received for information. "CARRIED" Resolution #PD -530-79 Moved by Con. Holliday, seconded by Con. Prout Adjournment THAT the meeting adjourn at 11 p.m. "CARRIED"