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Home My WebLink AboutPD-290-90 TOWN OF NEWCASTLE REPORT File # "1 _ ' Res. # By--Law # hEUING: General Purpose and Administration Committee DATE: Monday, October 1, 1990 REPORT #: PD-290-90 FILE #: DEV 90-070 SUBJECT: REZONING APPLICATION - FILE: DEV 90-070 APPLICANT: KIDDICORP INVESTMENTS LTD. PART LOTS 33 & 34, CONCESSION 2, FORMER TWP. OF DARLINGTON FILE: DEV 90-070 (X-REF 18T-89053) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-290-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by D. G. Biddle & Associates Ltd. on behalf of Kiddicorp Investments Ltd. be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS: 1. 1 Applicant: D. G. Biddle & Associates Ltd. 1.2 Owner: Kiddicorp Investments Ltd. 1. 3 Rezoning: From: "Environmental Protection (EP) " in lots 1 - 3, 6 - 18 and 20 to "Holding - Urban Residential Type One (Rl) " to implement conditions of Draft Approval (18T-89053) . 1.4 Area: 6 . 31 ha . . .2 REPORT NO. : PD-290-90 PAGE 2 2 . LOCATION 2 . 1 Legal Description: Part Lots 33 & 34, Concession 2, former Township of Darlington, (Courtice Major Urban Area) 2 .2 Relative Location: The property is west of Prestonvale Road, north of Glenabbey Drive, east of the Farewell Creek and south of Old Kingston Road. The lands are located between two existing subdivisions and would provide the connecting link for Robert Adams Drive. 3 . BACKGROUND: 3 . 1 On June 11, 1990, the Council of the Town of Newcastle approved the proposed Plan of Subdivision 18T-89053 subject to conditions . The lands included in 18T-89053 are currently zoned "Holding - Urban Residential Type One ( (H)R1) " and "Environmental Protection (EP) " . The purpose of this application is to change the existing "Environmental Protection (EP) " zone in lots 1 - 3, 6 - 18 and 20 to permit residential development in accordance with the conditions of Draft Plan Approval. The application to amend the Comprehensive zoning By-law was made on August 7, 1990 by D. G. Biddle & Associates ltd. on behalf of Kiddicorp Investments Ltd. 4 . EXISTING AND SURROUNDING USES: 4 . 1 Existing Uses: vacant 4 .2 Surrounding Uses : East- vacant land and existing residential fronting on Prestonvale Road West- Farewell Creek and associated valley lands, existing residential on Darlington Blvd. North- Existing residential subdivision ( 10M-797) South- Existing residential subdivision ( 10M-824 and 10M- 832) . . .3 � U � REPORT NO. : PD-290-90 PAGE 3 5 . OFFICIAL PLAN POLICIES 5 . 1 Durham Region Official Plan Within the Durham Region OFficial Plan the subject lands are designated "Residential" with indications of "Environmentally Sensitive Areas" . Within the residential designation the predominant use of lands shall be for housing purposes . The environmental sensitive area indication refers to those natural features, landscapes and or waters which could be essential to conservation. The extent and exact location of such areas shall be determined at the time of development applications . 5 .2 Town of Newcastle Official Plan Similarly, within the Town of Newcastle Official Plan (Courtice Major urban Area) , the subject lands are designated "Residential" with an indication of "Hazard Lands" within neighbourhood 112A" of the 'Courtice Urban Area' . Hazard lands shall be primarily for the preservation and conservation of the natural land and/or environment and managed in such a fashion as to complement adjacent land uses and protect such uses from any physical hazards and their effects . The extent and exact location of such Hazard Lands shall be determined through Neighbourhood Development Plans and identified in the Comprehensive Zoning By-law in consultation with the Central Lake Ontario Conservation Authority. 5 . 3 Within the Courtice South Neighbourhood Plan the area subject to rezoning appears to be designated "Minor Open Space" . Minor Open Space areas are intended to preserve wherever possible natural environment having local significance. The exact location of Minor Open Space areas shall be defined through specific development proposals and implementing restricted area (zoning) by-laws and development of said lands shall be subject to the regulation of the Central Lake Ontario Conservation Authority. . . . .4 fµ REPORT NO. : PD-290-90 PAGE 4 6 . ZONING 6 . 1 Within the Town of Newcastle Comprehensive Zoning By-law the subject lands are zoned "Environmental Protection (EP) " . Residential uses are prohibited in lands zoned "Environmental Protection (EP) " , hence lands so zoned must be amended in order to permit residential uses . 7 . PUBLIC NOTICE 7 . 1 Pursuant to the requirements of the Planning Act and Council policy, notice of the Public Meeting with respect to the subject rezoning amendment submitted by D. G. Biddle and Associates Ltd. was mailed to all property owners with 120m ( 394) of the subject site. In addition, the appropriate signage acknowledging the application was installed on the subject lands. 7 .2 As of writing this report, no written submissions have been received. 8 . COMMENTS FROM AGENCIES 8 . 1 in accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . the following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Fire Department Peterborough Victoria Northumberland and Newcastle Roman Catholic Separate School Board 8 .2 Staff notes that the Town of Newcastle Community Services Department have no objection to the rezoning. Their concerns and/or requirements have been dealt within the conditions of draft approval for 18T-89053 . . . .5 �7 �� Lr REPORT NO. : PD-290-90 PAGE 5 8 . 3 The Town of Newcastle Public Works Department advised that they had no objection to the proposal in principal, subject to conditions of approval. In addition to the standard conditions of approval, the applicant will be responsible for the cost ( 100%) of any works on Prestonvale Road which are necessitated as a result of this development and that. In addition, the applicant is required to provide for lot grading and drainage plans to the satisfaction of the Director of Public works . 8 .4 The Ministry of Natural Resources have no objection to the removal of the EP zoning from lots 1-3 and lots 6-18 to implement to proposed plan of subdivision. In addition, the Ministry requests that the EP zoning remain on Block 51 . 8 .5 Comments remain outstanding from the following agencies : - Central Lake Ontario Conservation Authority - Northumberland and Newcastle Public School Board - Durham Region Planning Department - Durham Region Works Department 9 . STAFF COMMENTS 9 . 1 As noted above the subject lands appear to be designated "Residential" in both the Durham and Town Official Plan's. However, the lands are subject to indications of "Environmentally Sensitive Areas" in the Regional Plan and "Hazard Lands" in the Town Plan. Said indication reflects the valleylands associated with the Farewell Creek. Both plans specify that the extent and exact location of such indications shall be further determined at the time of development applications by the Central Lake Ontario Conservation Authority. . . .6 7 `rJ REPORT NO. : PD-290-90 PAGE 6 9 .2 The zoning on the lands subject to the proposed plan of subdivision 18T-89053 is (H) R1 and EP. The 45 lots proposed would all readily comply with the residential zone provisions . However, the EP zoning appears to be contained in all or part of lots 1 to 3, lots 6 to 18 and lot 20. The single family dwelling proposed have a low density and are more compatible adjacent to the Creek lands than a higher density development, and are also consistent with the existing singles to the north and the singles and linked units to the south. 10 . CONCLUSION 10. 1 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act, and in consideration of the comments outstanding, Staff recommends that the application be referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence 9. Kotseff DIrector of Planning Chief A ]iJ istrative and Development Officer DM*FW*jip *Attach 25 September 1990 Interested parties to be notified of Council and Committee's decision: Kiddicorp Investments Ltd. D. G. Biddle & Assoc. 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