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Home My WebLink AboutPD-180-89r TOWN OF NEWCASTLE REPORT File #z4 Res. # By -Law # MEETING: General Purpose and Administration Committee DATE: Monday, July 17, 1989 REPORT #: PD-180 -89 FILE #: DEV 89 -50, 86 -54/D, 18T 89007 SUBJECT: REZONING DEV 89 -50 MICHAEL, STEWART AND ALLAN CLARKE PART LOT 1 & 2, CONCESSION 1, 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- 180 -89 be received; 2. THAT the application for zoning by -law amendment DEV 89 -50, submitted by Michael, Stewart and Alan Clarke to permit the development of a 19 lot Estate Residential Plan of Subdivision be referred back to Staff for a subsequent Staff Report, pending receipt of all outstanding comments; and 3. THAT the applicants be informed of Council's decision. 1. APPLICATION 1.1 On April 24, 1989 the Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, from Michael, Stewart and Alan Clarke. On February 14, 1989, the Town of Newcastle received notification from Durham Region that a draft plan of subdivision was submitted by the applicants. ...2 REPORT NO.; PD- 180 -89 PAGE 2 1.2 The application to amend By -law 84-63, would rezone the current "Agricultural (A)" and "Environmental Protection (EP)" zones to an appropriate zoning category to permit the development of a 19 lot Estate Residential Plan of Subdivision on a 13.75 ha (33.97 acres) parcel of land in Lot 1, Concession 1, former Township of Clarke. 2. BACKGROUND 2.1 On August 5, 1986, the Town of Newcastle Planning and Development Department were informed by the Region of Durham that an application to amend the Durham Region Official Plan was submitted by William Clarke on July 30, 1986. 2.2 The application proposed to amend the Durham Region Official Plan from General Agriculture to an appropriate designation to permit the development of a 46 unit Estate Residential Plan of Subdivision on Part Lots 1 and 2, Concession 1, former Township of Clarke. 2.3 On December 16, 1988, this Official Plan Amendment was approved as Amendment No. 198 to the Durham Region Official Plan by the Ministry of Municipal Affairs. This amendment designates a 48.3 ha (119.3 acre) area for development of a 19 unit estate residential plan of subdivision. 2.4 The number of Estate Residential lots was reduced from forty-six (46) to nineteen (19) in an attempt to conform to the Ministry of Agriculture and Food's comments concerning "minimum distance separation" from agricultural uses as stated in the Agricultural Code of Practice, and Ministry of Natural resources concerns regarding proximity to the Port Granby Creek which is a sensitive cold water trout stream. 3. LOCATION AND SURROUNDING LAND USES 3.1 The subject property is located in Lot 1, Concession 1, former Township of Clarke between the Kings Highway # 2 and the Kings Highway # 401. The land is presently vacant and the terrain is rolling and heavily wooded. The Port Granby Creek traverses the southern portion of the property in an East-West direction.. �� ...3 180012000 �111= 0 0 ---------------------- 3.2 The existing ai follows: to the north to the east to the south to the west ----------------------------------------------------------- 3jacent land uses surrounding the subject property are as - Highway # 2/Agricultural - Agricultural and single family dwellings - Highway 401/Agricultural - Agricultural 4. OFFICIAL PLAN CONFORMITY 4.1 On December 16, 1988, the Ministry of Municipal Affairs approved Amendment No. 198 to the Durham Region official Plan which designated the subject lands as estate residential (maximum 19 lots). Hence, this application complies with the Durham Region official Plan 5. PUBLIC NOTICE AND SUBMISSIONS 5.1 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. 6. AGENCY COMMENTS 6.1 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: - ministry of Environment - Ministry of Agriculture and Food - Ganaraska Conservation Authority 6.2 The Town of Newcastle Public Works Department noted that a drainage and storm water management report should be prepared, that all utility servicing be installed underground, that the owner/applicant contributes to the cost of upgrading/reconstruction of East Townline Road, that the Turning Circles/Cul-de-sacs have a minimum radii of 24.5 m and are within the Town Right-of-way and that 0.3 m reserves and sight triangles be dedicated to the Town. In addition, they requested that all requirements are met, financial or otherwise. 6.4 The Town of Newcastle Fire Department had no objection but notes that the site is not supplied with municipal water and is outside of the 'five mile limit' recognized for insurance purposes. 6.5 The Region of Durham Planning Department requests that their concerns financial and otherwise, be dealt with in a subdivision agreement for the related plan of subdivision (18T 89007). 6.6 The Durham Region Health Department had no objections to the proposal provided that drilled wells be installed and the tile beds are located as indicated in the layout submitted by Henry Kortekaas and Associates. 6.7 Ministry of Natural Resources had three concerns. The first being extending the "Environmental Protection (EP)" zone to include the 'restrictive use areas' as indicated on the January 17, 1987 revised plan, thus protecting the Port Granby Creek. They also noted that the northern portion of the subject lands lie in part of the Iroquois Beach sand and gravel deposit. Ministry of Natural Resources advised that the removal of any aggregate from the lands will require permits. Lastly, they will issue more comments concerning drainage, erosion and sedimentation control when a draft plan of subdivision is circulated. 6.8 The Township of Hope offered the following comments: that there should be two entrances, but if only one is possible, then it should be widened since this will be the sole access point for traffic; that the site distances from the entrance onto Boundary Road be provided; that contributions should be made to this road for increased traffic; and that a storm water drainage plan be submitted. 6.9 Comments are still outstanding from the following agencies: - Regional Works Department - Ministry of Transportation - Public School Board - Separate School Board 177 3 5 J - J REPORT NO.: PD- 180 -89 7. COMMENTS 7.1 The proposal before Council /Committee is an application to amend the Town of Newcastle Comprehensive Zoning By-law 84 ®63 from "Agriculture (A)" and "Environmental Protection (EP)" to permit the development of a nineteen (19) lot Estate Residential Subdivision on a 48.3 ha (119.3 acre) parcel of land in Part Lot 1 and 2, Concession 1, former Township of Clarke. 7.2 Staff in reviewing the proposal notes that the application before Committee /Council does comply with the Durham Region Official Plan. 7.3 Staff recommends that all lands depicted as 'restrictive use areas' on the January 17, 1987 Revised Plan, be zoned "Environmental Protection (EP)" in accordance with the Ministry of Natural Resources request. 7.4 In addition, Staff notes that the application has previously been revised to accomodate agency concerns. 8. RECOMMENDATIONS 8.1 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act and in consideration of the agency comments outstanding, and Staff comments it is recommended that the application be referred back to Staff for further processing. Respectfully submitted, i At Franklin Wu, M.C.I.P. Director of Planning & Development HM *FW *cc *Attach. July 5, 1989 C-° 7 fi / D Y1 t Recommended for presentation to the Committee i -1 --- - ------------------- Lawren epE. Kotseff Chief Ad inistrative Officer EWA Interested parties to be notified of Committee and Council's decision. Michael S. Clarke W. Stewart Clarke Alan G. Clarke R.R. #1 Newtonville, Ontario LOA 1JO Mr. William Clarke c/o Victoria Park Farm R.R. #1 Newtonville, Ontario LOA 1JO Gary & Marsha Vandergaast Box 52, Newtonville, Ontario LOA 1JO Mr. & Mrs. Tom Palterson Box 57, Newtonville, Ontario LOA 1JO Ms. Dian Schiuk Newtonville, Ontario LOA 1JO Ms. Jean Kulyk Box 84 Newtonville, Ontario LOA 1JO Neil & Sandra Lucy Box 147 Newtonville, Ontario LOA 1JO Ken & Laureen Whitney R.R. #3 Port Hope, Ontario LlA 3V7 Henry Kortekaas & Associates 82 Sherwood Road East Pickering Village Ajax, Ontario LlV 2B4 Tom McHaffie & Deborah Sturges Box 12 Skops Court Newtonville, Ontario LOA 1JO Dev. 89�50, 18T�89007 6, i J