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HomeMy WebLinkAboutPD-65-89DN: .12 . TOWN OF NEWCASTLE SING: General Purpose and Administration Committee DATE: Monday, March 6, 1989 REPORT #: PD -65 -89 FILE #: OPA 88 -89 D and DEV 88 -106 SLBJECT: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION 542985 ONTARIO LIMITED PART LOT 15, CONCESSION 3, FORMER TWP. OF DARLINGTON OUR FILE: OPA 88 -89/D and DEV 88 -106 RECOMMENDATIONS: 5 (n) 0, .'(7 File #C�.�k Res. By -Law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -65 -89 be received; and 2. THAT the applications submitted by 542985 Ontario Limited to amend the Durham Region Official Plan and By -law 84 -63 to permit the development of an eleven (11) lot Estate Residential subdivision be DENIED; and 3. THAT the applicant and the Region of Durham be so advised. 1. BACKGROUND 1.1 On September 29, 1988, the Planning and Development Department received an application from 542985 Ontario Limited to amend By -law 84 -63. Subsequently on October 20, 1988, the Town was advised by the Regional Planning Department of an application submitted by 542985 Ontario Limited to amend the Durham Region Official Plan. The subject applications seek to develop an eleven (11) lot estate residential subdivision on a 3.98 hectare parcel of land located on the west side of Old Scugog Road, north of the existing 599 REPORT NO.: PD -65 -89 PAGE 2 -------------------------------------------------------------------------- - --- -- estate residential development. The lands currently support one single family dwelling and accessory building, which will be incorporated into the plan of subdivision. 1.2 On January 23, 1989, the General Purpose and Administration Committee resolved to refer the applications submitted by 542985 Ontario Limited back to Staff for a subsequent report pending receipt of all outstanding comments. 2. OFFICIAL PLAN AND ZONING DESIGNATIONS The lands are currently designated as "Major Open Space" in the Durham Region Official Plan and zoned as "Agricultural Exception (A -1)" and "Environmental Protection (EP)" within the Town of Newcastle Zoning By -law 84 -63. Both planning documents state that the predominant use of lands under this designation and zoning shall be for agricultural and farm related uses. In addition, those lands zoned "EP" represent the Bowmanville Creek, which is located to the west of the subject property. Staff would note that these lands prohibit any type of structure. 3. CIRCULATION 3.1 The application was circulated to obtain comments from other departments and agencies. The following departments /agencies offered no objection to this proposal: - Newcastle Fire Department - Newcastle Hydro- Electric Commission - Public School Board - Separate School Board - C.N. Rail The following departments /agencies offered no objection to the principle of this proposal, but have outlined conditions for draft approval: - Newcastle Public Works Department - Newcastle Community Services Department - Regional Works Department - Regional Health Services 600 ...3 REPORT NO.: PD -65 -89 3.2 The Central Lake Ontario Conservation Authority requires further studies to be done in order to evaluate the impact on the soil, erosion, ground water and the Bowmanville Creek. PAGE 3 3.3 The Ministry of Agriculture and Food recognized the extensive estate residential development in this area and expressed concern with the extension of development in this area, but offered no objection to this application. 3.4 The Ministry of Natural Resources offered no objection to the amendments however, requested that the area zoned "Environmental Protection (EP)" remain as such, in order to reduce the potential erosion and sedimentation of the Bowmanville Creek. 3.5 Trans - Northern Pipeline operates and maintains a high pressure refined pretroleum products pipeline located between and serving the Montreal, Ottawa and Toronto areas. Although the Pipeline offered no comment with respect to the proposal, they suggest that the owner /applicant contact the pipeline as to the proper specifications and requirements of adequate developments. 3.6 Comments have not been received from the Ministry of the Environment to date. 4. PUBLIC SUBMISSIONS 4.1 Mr. John Rozema indicated at the Public Meeting of January 23, 1989, that he operates a broiler business in the area and that he is concerned with the affect this development may have on his water supply. 600 01 ...4 5. COMMENTS PAGE 4 5.1 The applicant has submitted an Engineering Report prepared by D.G. Biddle & Associates Ltd. and Soil -Eng Limited. It is the opinion of the consultant that the site is suitable for residential development, however, the consultant further recognizes the limitations that the shallow depth investigations impose on recommendations. Further field work and test drilling would be required before any results could be considered conclusive. 5.2 On January 13, 1988, Regional Council endorsed Regional Planning Committee's recommendation that no further applications for Estate Residential development be entertained in the area surrounding the existing concentration of estate residential development northwest of the Bowmanville Major Urban Area. These applications fall within this area and were received after this resolution. 5.3 This application will increase the concentration of estate residential development north of Bowmanville from 134 estate residential units to 145 estate residential units. As mentioned within the Rural Residential Development Information Report, this proposed subdivision lies within an area which is of concern to the Region. The application is contrary to Section 10.3.1.3 of the Durham Region Official Plan which allows for limited estate residential development. Further estate residential development on Old Scugog Road can no longer be viewed as being limited. Concentrated estate residential development such as these will: distort municipal service priorities (i.e. parkland and schools); likely invoke premature request for extension of municipal services (i.e. water and /or sanitary sewer); compound environmental impacts which are difficult to mitigate; and impede the orderly urban growth of Bowmanville. ...5 6M` 02 REPORT NO.: PD-65-89 ---------------------- 6. CONCLUSIONS AND RECOMMENDATIONS PAGE 5 In view of the concerns raised by the Ministry of Agriculture and Food, the Regional Council's resolution, and those issues reviewed within the Rural Residential Development Information Report, Staff are unable to support this application and would respectfully recommend that the various applications by 542985 Ontario Limited for an Eleven (11) lot estate residential subdivision be DENIED. Respectfully submitted, d4A4)(L� Franklin Wu, M.C.I.P. Director of Planning & Development JB*DJC*FW*jip *Attach. February 22, 1989 CC: 542985 Ontario Limited C/o Bas VanAndel 429 Lakeshore Drive P.O. Box 1642 PORT PERRY, Ontario LOB 1NO D.G. Biddle & Associates 96 King Street East OSHAWA, Ontario LlH 1B6 Mr. John Rozema R.R. #1 BOWMANVILLE, Ontario LlC 3K2 600 03 Recommended for presentation to the Committee I Lawrence /E I'Kotseff Chief Admih&strative Officer LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 LOT II LOT 10 I,-- _ _ L 1-L l L _ — — I c L1111 11 I- V---< - BOWMANVILLE URBAN AREA BOUNDARY -' 0 500 1000M 500 m 400 300 200 100 0 EXISTING ESTATE RESIDENTIAL EM PROPOSED ESTATE RESIDENTIAL SUBJECT SITE M Z O w U Z O U