HomeMy WebLinkAboutPD-59-94Subject: REZONING APPLICATION & OFFICIAL PLAN AMENDMENT APPLICATION
APPLICANT: PAUL AND LISA LANGLEY
PART LOT 17, CONCESSION 10, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 89 -141 (X -REF: OPA 89 -142)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -59 -94 be received;
2. THAT the application to amend the Official Plan and
Comprehensive Zoning By -law 84 -63, as amended, for the former
Town of Newcastle to permit the development of three
residential lots be DENIED;
3. THAT the Region of Durham be forwarded a copy of this report;
and
4. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Paul and Lisa Langley
1.2 Official Plan Amendment:
From Oak Ridges Moraine within the Major Open Space
system to an appropriate designation to allow the
expansion of the Hamlet of Burketon Station and permit
the development of three hamlet residential lots.
1.4 Zoning By -law Amendment:
Original Proposal: from "Agricultural (A)" to an
appropriate zone to permit the development of three (3)
hamlet residential lots with two (2) direct access points
on to Regional Road # 57.
Revised Proposal: from "Agricultural (A)" to an
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RECYCLED - ECY1Rt
DASD PRIMED CR RECYCLED PAPER
REPORT NO. PD -59 -94 PAGE 2
appropriate zone to permit the development of three (3)
hamlet residential lots with access via a private road.
1.4 Area: 5.92 hectares
2. BACKGROUND
2.1 In December of 1989, the Planning and Development Department
received an application by Paul and Lisa Langley to amend the
comprehensive zoning by -law in order to permit the development
of three (3) hamlet residential lots. In December of 1989,
the applicants also applied with the Region of Durham to amend
the Hamlet Secondary Plan for the Hamlet of Burketon Station.
2.2 In addition, the lands were also the subject of a previous
rezoning application (DEV 85 -005) submitted by Paul and Lisa
Langley to rezone the lands from "Extractive Industrial (M3)"
to permit the development of one (1) single detached dwelling.
This application was approved on April 28, 1986 and By -law 86-
051 was passed which placed the lands within the Agricultural
(A) zone.
2.3 With respect to the current applications, Staff report PD -149-
93 was presented to the General Purpose and Administration
Committee on November 1, 1993 with a recommendation to deny
both the official plan amendment application and the zoning
amendment application. Subsequent to the consideration of
Staff Report PD- 149 -93, Committee referred the application
back to Staff to investigate other alternatives.
2.4 On April 11, 1994, the applicant appeared before Council with
a revised proposal to provide access to the three (3) new lots
via a private road. Committee resolved to direct Staff to
investigate the feasibility of an agreement which would exempt
the municipality from the responsibility of maintaining the
private access. ...3
el
REPORT NO. PD -59 -94 PAGE 3
3 PUBLIC NOTICE
3.1 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.
3.2 As a result of the public notification process, Staff have
received one (1) written submission with respect to the
proposal. The Highland Creek Sand and Gravel Company Limited,
which has active aggregate extraction operations on the east
side of Regional Road # 57, opposite the subject lands,
detailed concerns over the proposal due to the potential for
conflict between the incompatible uses. Concerns cited
included the lack of a buffer between the pit and the subject
lands and the close proximity of the proposed lots to a
licensed aggregate operation.
4 OFFICIAL PLAN POLICIES
4.1 Within the Durham Region Official Plan the subject site
appears to be designated as Oak Ridges Moraine within the
Major Open Space System. Within the Official Plan of the
former Town of Newcastle, the subject property is located
outside of the limits of the Burketon Station Hamlet Secondary
Plan. Therefore, the applicant has applied to amend the
Burketon Station Hamlet Secondary Plan.
5. ZONING BY -LAW COMPLIANCE
5.1 Within Comprehensive Zoning By -law 84 -63 of the former Town of
Newcastle the subject site lands are zoned "Agricultural (A)"
Under the provisions of the Agricultural (A) zone, only one
(1) single detached dwelling would be permitted to be
developed on the subject lands. Therefore, the applicant has
applied to amend the zoning by -law. ...4
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REPORT NO. PD -59 -94 PAGE 4
6. AGENCY COMMENTS
6.1 In accordance with Committee direction, Staff circulated the
revised proposal to the Public Works Department in order to
investigate the feasibility of maintaining the private road,
which is approximately 380 metres (1250 feet) long.
6.2 The Public Works Department has advised that the development
of the three (3) proposed lots on a private road or laneway
is undesirable since it would be difficult or impossible for
emergency vehicles and other government services such as
animal control, garbage collection and school buses to access
these lots.
6.3 Although the Public Works Department acknowledges that a
private road may be feasible legally, it is anticipated that
future residents may complain regarding the limited level of
service provided by the Municipality in relation to taxation.
This may lead to the undesirable situation of future residents
requesting the municipality to assume responsibility to the
private road. Therefore, the Public Works Department is of
the opinion that the development of a private road to access
the proposed lots is not in the best interest of the
municipality.
7. STAFF COMMENTS
7.1 Staff have reviewed the application and the revised proposal
in relation to the comments received from the original
circulation, the Mineral Aggregate Resource Policy.Statement
and the Regional Official Plan.
7.2 Within Report PD- 149 -93, Staff noted that the proposed use was
not compatible with the adjacent pit. Following the
preparation of Report PD- 149 -93, the Planning and Development
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REPORT NO. PD -59 -94 PAGE 5
Department received a letter from the Ministry of Natural
Resources which appears to corroborate this statement. The
letter refers to the application in relation to the Mineral
Aggregate Resource Policy Statement and concludes that the
municipality should be cognizant that rural residential
development near or adjacent to a pit or quarry is considered
an incompatible land use.
7.3 In addition, since the incompatible nature of the proposed
land use has been established, the application would appear to
be contrary to Section 19.1.3 of the Durham Regional Official
Plan. This Section states that a goal of the Regional
Official Plan shall be to protect high potential aggregate
resource areas from incompatible land use. The approval of
the subject application would appear to be contrary to this
goal given the Provincial Mineral Aggregate Resource Policy
Statement.
7.4 Moreover, a separate issue with respect to the proposal is
that of access. The Regional Works Department objected to the
applicant's original proposal which included two (2) new
access points on Regional Road # 57 to serve the proposed
lots, on the basis that the new accesses would have
undesirable effects on Regional Road # 57. As a result, the
applicant revised the proposal to provide a private road
parallel to Regional Road # 57 with which to provide access to
the proposed lots. However, this proposal was equally
unacceptable to the Municipality of Clarington Public Works
Department. It would appear that it is unlikely that the
applicant would be able to provide a form of access to the
proposed lots which is satisfactory to all parties.
7.5 Finally, Staff advise for the Committee's information that the
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REPORT NO. PD -59 -94 PAGE 6
Oak Ridges Moraine is currently under study by the Provincial
government and all background reports and studies seem to
indicate that the Moraine is a significant environmental and
ecological feature worthy of protection from incompatible
uses.
8 CONCLUSION
8.1 In consideration of the comments contained within this report,
Staff respectfully recommend that both the Official Plan
Amendment Application and the related Zoning By -law Amendment
Application be DENIED.
Respectfully submitted,
�-,] r �w G
Franklin Wu, M.C.I.P.
Director of Planning
and Development
WM *FW *cc
Attachment # 1 - Key Map
Attachment # 2 - Survey
27 May 1994
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council's and Committee's
decision:
Paul & Lisa Langley
2320 Concession Road 10,
R.R. #2,
Blackstock, Ontario
LOB 1B0
Highland Creek Sand and
Gravel Co. Limited
Box 338
Pickering, Ont. L1V 2R6
Att: D. C. Schmiegelow
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ATTACHMENT #:
PLAN OF SURVEY
OF LOCATION OF BUILDING
ON PART OF LOT 17, CONCESSION 10
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
(FORMERLY TOW NSHP OF DARLINGTON, COUNTY OF
SCALE - I" 200'
NOTES.
BEARINGS ARE ASTRONOMIC AND ARE REFERRED
TO THE BEARINGS AS S~ ON MAN
ATTACHED TD I)vST N* 109870
SIB - STANDARD IRM BAR I "pwn 48" LONG
t OBNOTES Fof1U0
SURVEYOR'S CERTIFI CATE
I CERTIFY THIT,
THE FIELD SURVEY REPRESENTED ON TN/S PLAN
WAS COMPLETED ON THE /in DAY OF JULY, 1986
JULY 14, 1986.
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H. F. GRAN
ONTARIO LAND
172 MATER STa�
"3T OFFICE
PORT PERR'r�
TEL. (416) W6 -3