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HomeMy WebLinkAboutPD-137-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: OCHONSKI.GPA Date: General Purpose and Administration Committee Monday, June 1, 1992 # Meeting: PD-137-92 #: File#: REPORT FOR INFORMATION - OCHONSKI PART LOT 29 & 30, CONCESSION 5, FORMER TOWNSHIP OF CLARKE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-137-92 be received for information; 2. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 As per Council's decision of May 11, 1992, approving recommendation # GPA-376-92: "THAT the delegation of Mr. Jan Ochonski pertaining to his Land Division Application 628/89 and his various concerns be referred to Staff for a report to address background data for further discussion; and THAT Mr. Jan Ochonski be advised of Council's decision." The following summarizes the development applications submitted by, or on behalf of Mr. Ochonski. Attachment # 1 is provided for reference purposes. 2. OFFICIAL PLAN AMENDMENT APPLICATIONS 2.1 FILE #89-144/D (X-REF: LD 628/89 This was an application to amend the Durham Region Official Plan to permit the creation of a residential lot. Staff were notified of the submission of this application on January 10, 1990. ....2 HECYCLED PAPIER PAPER 11ECYCLE REPORT NO.PD-137-92 PAGE 2 2.2 On July 23 1990, Staff forwarded a report to Committee and Council recommending the application be denied as this proposal did not warrant special exemption from the provisions of the Durham Region Official Plan. Council tQbled this report. In September Mr. Ochonski appeared before Council requesting a prompt decision regarding this file. Council referred this request to Planning Staff and on October 1, 1990 an addendum to the Report was presented to Council. This report stated that the recommendation in the original report should be acted upon. On October 15, 1990, Council adopted this recommendation and the application was denied. Regional Planning Staff have yet to report on this amendment application. 3. SUBDIVISION APPLICATIONS 3.1 FILE #18T-23875 (X-REF: 18T-86067) In February 1974, Mr. Ochonski made application to develop ,a residential subdivision. This application proposed the creation of 34 lots on 10.16 acres (4.1 ha) of land. On May 1, 1974, Staff recommended that this application be denied as the servicing capacity was inadequate. Subsequently, the Ministry of Housing advised Mr. Ochonski that approval of this application not be granted. 3.2 FILE #18T-86067 (X-REF: 18T-23875) On November 4, 1986, Mr. Ochonski submitted a second subdivision application to develop the same lands. The application proposed the creation of 36 lots. In 1987, the application was revised, reducing the number of units to 19. On April 23, 1990, Staff presented a report to Committee recommending that this application be denied as insufficient servicing capacity exists, and the lands were not located within the Hamlet of Orono. On April 30, 1990, Council ....3 " 6 REPORT NO. PD-137-92 PAGE 3 passed resolution # GPA-300-90 which tabled the staff report until such time as the Orono Hamlet Secondary Plan has been completed. The Orono Hamlet Secondary Plan has been approved by Town Council and is presently being reviewed by the Minister of Municipal Affairs. The Hamlet Secondary Plan depicts the most southern part of 18T-86067 as being "Residential Expansion". It also indicates that the landp abutting Regional Road 17 may be a "possible Access Point." Prior to Staff preparing a report for Council's consideration, this application must be revised to conform to the Orono Hamlet Secondary Plan. 4. REZONING APPLICATIONS 4.1 FILE # DEV 87-089 (X-REF: LD 371/88) This application proposed to rezone the subject lands to residential cluster to permit the severance of the existing house for retirement purposes and to create one additional residential lot. Staff supported this application and it was approved and a by-law (No. 88-1) was passed by Council on January 11, 1988. 4.2 FILE # DEV 88-044 (X-REF: LD 713 - 715/88) This application proposed to expand the Residential Cluster to permit the creation of three building lots. Staff recommended that this application be denied as it did not conform to the policies of the Durham Region Official Plan, the Town of Newcastle Official Plan, section 3.19 of By-law 84-63 and the Agricultural Code of Practice. Council approved this application on July 25, 1988. Subsequently, By-law 88-130 was passed by Council on the 12th. of September 1988. A letter of objection from Durham Region Planning Department was received and the By-law was appealed to the ontario Municipal Board. However, the Board ruled . . . . 4 r.. /) 7 JL! REPORT NO. PD-137-92 PAGE 4 that the letter of objection was not received within the statutory time frame. As a result, the ontario Municipal Board did not have the jurisdiction to deal with this appeal and it was dismissed. By-law 88-130 stands and the lands are zoned "Rural Cluster". 5. CONSENT APPLICATIONS 5.1 FILE # LD 371/88 AND 372/88 (X-REF: DEV 87-089) On June 13, 1988 the two consent applications were heard BY Land Division Committee. Consent Application LD 371/88 to create a residential lot on lands zoned Rural Cluster was approved by Land Division Committee. However, LD 372/88 to permit residential lot for farm retirement purposes was denied as it did not conform to the Durham Region Official Plan Policies regarding non farm residential severance (Section 11.2.6) 5.2 FILE # LD 713/88. 714/88. 715/88 (X-REF: DEV 88-044) The three (3) applications proposed the creation of three lots at the corner of Ochonski Road and Regional Road '4 (Taunton Road). The applications were first heard on November 7, 1988, but were tabled at the request of the applicant. When the applications were lifted from the table, Mr. Ochonski requested that they be tabled once again. On September 18, 1989, the Land Division Committee considered the applications and granted approval. The lands were also subject to rezoning application DEV 88-044. Upon resolution of DEV 88-044, Town Staff supported the applications. 5.3 FILE # LD 628/89 (X-REF: 89-144/D. LD 372/88) This application was first heard by the Land Division Committee on September 18, 1989. The application stated . . .5 r' ") 0 JLU REPORT NO. PD-137-92 PAGE 5 that Mr. Ochonski wished to create a new lot for retirement purposes. This application was tabled twice at the request of the applicant. On May 27, 1991 this application was denied by the Land Division Committee as it did not conform to the policies of the Durham Region Official Plan. The decision reflected Municipal Staff comments. These lands were also subject to Official Plan Amendment Application 89-144/D. Mr. Ochonski subsequently appealed this decision to the ontario Municipal Board. However, the ontario Municipal Board will not schedule a hearing date until the Official Plan Amendment application has been dealt with by the Region and the Ministry of Municipal Affairs and a development application to permit the creation of the severed lot (LD 628/89) with a reduced lot area has been submitted. 6. CONCLUSION 6.1 During Mr. Ochonski's deputation on May 4, 1992 his discussion addressed his Land Division Application LD 628/89 and his Official Plan Amendment Application 89-144/D. Staff, responded to the Land Division Committee with respect to the consent application. Additionally, the Official Plan Amendment application was also dealt with by Staff and reported on to Council. Council's decision was forwarded to the Region and this application has been before them since November 1990. Therefore, with the exception of the subdivision application (18T-86067) which must be revised, the Town has dealt with all Mr. Ochonski's applications and there is nothing outstanding from the Town of Newcastle in terms of processing his applications. . . . . 6 ~ r)o} JL REPORT NO. PD-137-92 PAGE 6 6.2 Pursuant to Council's direction, all of the above information is submitted for information. Respectfully submitted, Recommended for presentation to the Committee cJ /'-NvJY-j~ .V~ Franklin Wu, M.C.I.P. Director of Planning and Development .2 . $ ..~~,.... UA;\)AO,ll(J K(J \ j Lawrence E.~KOrSf\'f Chief Administ,aive Officer \ \ \) HB*FW*cc *Attach 22 May 1992 Interested parties to be notified of Council and Committee's decision: Mr. Jan Ochonski R. R. # 2 ORONO, ontario LOB IMO .f. C70 ]J. 9)ro mO:-U "'OIl> 00...J00 ''''<<> 00'1 <<>(X)_ oo~ ~ , o r(l)"u . fTI;o !='<fTI ()JfTI< ....J;oo -fTle '0(1) (X)oor (X)-<~ o (l) :c:: (X) ...J I o 00 to rcn"Uo . fTI;O(l) !=' < fTI :c:: ...JfTI<OO -;0000 ~OI fTI e I ...J 0(1) 0 - r~ ~oo~.... ~ -< .po Q:> ....J Oi , (X) (X) r o ~ (101 o ~ ~ ~ ~ r o ~ N U) ~ ~ l;:) REGIONAL ROAD 17 (") o z (") I'T1 (J) (J) - o Z 01 531 ~