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Home My WebLink AboutPD-92-89DN: CUS TOWN OF NEWCASTLE REPORT File # lU Res. 0,66,,.2 By -Law # MEETING: General Purpose and Administration Committee DATE Monday April 3, 1989 REPORT #: PD -92 -89 FILE #: DEV 89 -003 SUBJECT: REZONING APPLICATION - CUS CONSTRUCTION PART LOT 20, CONCESSION 2, DARLINGTON FILE: DEV 89 -003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -92 -89 be received; and 2. THAT the rezoning application (DEV 89 -003) submitted by Cus Con- struction Ltd. on behalf of Mr. and Mrs. Iezzi to allow the development of four (4) rural residential lots be DENIED; and 3. THAT a copy of Council's decision be forwarded to the applicant, the Region and all interested parties attached hereto. 1. BACKGROUND 1.1 On January 6, 1989, the Town of Newcastle Planning and Development Department received an application to amend the Town's Comprehensive Zoning By -law 84 -63, as amended. The application was submitted by Cus Construction Ltd. on behalf of Mr. & Mrs. Iezzi. The application seeks to create four (4) residential building lots on a 4.16 acre (1.68 ha) parcel of land presently zoned 'Agricultural (A)'. ...2 NO M PAGE 2 1.2 The subject property is located in Part Lot 20, Concession 2, former Township of Darlington. More specifically the subject property fronts on the east side of Holt Road, north of Bloor Street and south of Highway # 2. Surrounding land uses include residential to the north, limited residential to the south, agricultural to the east (apple orchard) and agricultural with limited residential to the west. 2. PUBLIC NOTICE AND SUBMISSIONS 2.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 2.2 To date one submission has been received from an adjoining land owner expressing concern with the proposed rezoning application. The correspondence highlights the proposed drainage diversion as a principle concern. The neighbouring resident farms adjacent land to the east and believes part of his field will be flooded by this proposed diversion. He further notes that he has over 500 apple trees that need to be sprayed with insecticides, etc. as well as a strawberry, an asparagus and a corn patch. He fears his agricultural ability will be infringed by this residential development. Mr. Malarczuk also noted concerns about the water table and potential effect on his pond and two wells, and further requested that an environmental investigation be undertaken. 3. OFFICIAL PLAN CONFORMITY 3.1 Within the Durham Region Official Plan the subject land is designated Major Open Space. The predominant use of lands so designated is for agricultural and farm related uses. Limited non-farm residential development is permitted in accordance with the applicable provisions of Section 10.2 of the Durham Plan. 1038 REPORT NO.: PD -92 -89 PAGE 3 ---------------------------------------------------------- -- ------------ - - - - -- 3.2 Section 101.2.1.3 of the Regional Plan details policies for new non -farm residential development in Major Open Space Areas. These specify that this type of development may be permitted as an exception in the form of new cluster should it be deemed desireable by the Council of the respective municipality. The cluster must also be recognized as a definable separate entity and is identified in the area Zoning By -law. This application does not conform to the Region Official Plan. 4. AGENCY COMMENTS 4.1 To date comments have been received from all but three (3) of the circulated agencies. These include the Central Lake Ontario Conservation Authority, the Regional Public Works Department and Ontario Hydro. The following commenting agencies provided no objections or comments to the application as circulated: Newcastle Fire Department Ministry of Agriculture and Food Ministry of Natural Resources 4.2 The Town's Public Works Department noted no objection in principle, however would require a storm water drainage report which deals with the realignment of the existing water course. Staff notes this would also affect adjacent land owners. In addition the applicant will be required to bear the costs (1001 %) of any works on Holt Road necessitated as a result of this development. The applicant would also be required to contribute to reconstruction of Holt Road and required street lighting. 4.3 The Town of Newcastle Community Services Department noted no objection to the proposal, however, would require a 5% cash -in -lieu of parklands dedication from the applicant. The Regional Health Department Staff noted the following information would be required in order for detailed comments to be prepared: proposed location of all sewage systems including drainage plan; a soil sa the subject site. An acceptable lot servicing plan indicating structures, drilled wells and conventional 10101% replacement area; a lot grading and nple report detailing the varying geology of 1039 REPORT NO.: PD -92 -89 PAGE 4 4.4 The Regional Planning Department noted that the subject property is designated 'Major Open Space' in the Durham Region Official Plan. The predominante use of land in such areas shall be agriculture and farm related uses. However, limited non -farm residential development is permitted in accordance with Section 101.2 of the Durham Plan. They further note that Section 101.2.1.3 of the Regional Plan specifies that new non -farm residential development in Major Open Space areas may be deemed desirable by Town Council and recognized in the District Plan, the Town's Official Plan and /or restricted area Zoning By- law's. Upon reviewing of the above policies they noted the application does not qualify under any of the provisions noted above. 5. STAFF COMMENTS 5.1 The subject property is in the vicinity of the Maple Grove Hamlet. Maple Grove does not have a Development Plan at this time, therefore the zoning schedule is used to determine Hamlet boundaries. The subject property is presently outside of the 'Residential Hamlet (RH)' zone. Staff note however, that a Hamlet Plan for Maple Grove is scheduled to commence in the latter part of 1989. The Hamlet Plan preparation however, will probably take two (2) years to complete. Any development in this area should be considered premature until such time as a Hamlet Plan is finalized. 5.2 Staff note the application as proposed does not conform to Regional Official Plan policies for new rural residential development. It was further noted that storm drainage is a concern with regards to the proposed water course realignment. 6. RECOMMENDATIONS 6.1 In consideration of the above -noted comments, the non - conformity of the proposal with existing Durham Plan policies, the prematureness of the application in terms of the lack of a secondary plan for Maple Grove Hamlet, Staff recommend the application to create four (4) rural residential lots be DENIED. 1040 ...5 REPORT 0O.: 9D-92-89 Respectfully submitted, Franklin Wu, M.C.I.p. Director of Planning 6 Development CP*IW»oc *Attach. March 28, 1989 PAGE 5 ____________ Recommended for presentation to the Committee ----- Chief �8mon�atcaczve Officer Interested parties to be notified of Committee and COuncil decision. Steve Cuo construction Inc. R.B. # 7 BOYMA0VILLE' Ontario LlC 4&l David Gillespie 214 Doudmo Street East P.O. Boo 208 WHITBY, Ontario Ll0 288 Mr. Bob MaIarozok B. B. # S B{WMANVZLLE, Ontario LIC 3K7 U/t | 1/1�1 | R)ev. 89�003 04 PLAN SHOWING PART OF LOT 20, CONCESSION 2 TOWNSHIP OF DARLINGTON COUNTY OF DURHAM , r 1 11 . c s� o >n 'j I it ,L r K ROAD ALLOlAKE .BETWEEN ht AN to DLO p "�: PLAN SHOWING LOT 2, , PART OF LOT 20, CONCESSION 2 TOWNSHIP OF DARLINGTON COUNTY OF DURHAM Inst. k N9 47670 ll o _ PLC _ N 7 'E 2 _ RNCE �' •S 1 , \ j Inst. N9,t 60646'1 a•N Nt¢.f —� --- j� i 20 N Inst, N bN25954 I LOT y � ' \ a r Inst. I� N9 `y N44125 N W �N If ( NQ N3I94B6 trot N9 411711(1 _ y F I N I a ; 1 bJ I ui "e 4 In►t. N9 N23694 -N7� 59E14Q75' Z ca r IJ' Iw.. Ns:leul , R p s 2 I V o• Q t, ,Y.: ,�. 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