HomeMy WebLinkAboutPD-202-89J`
DN: Taylor
REPORT File #
Res. #
By -Law #
MEETING: General Purpose and Administration Committee
DATE: Tuesday, September 5th, 1989
PEPORT #: PD- 202 -89 FILE #: DEV 89 -49 & OPA 89 4/D
WBJECT: REZONING APPLICATION - TAYLOR SAND & GRAVEL
PART LOT 21, CONCESSION 10, FORMER TOWNSHIP OF CLARKE
DEV 89 -49 & OPA 89 4/D
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 202 -89 be received;
2. THAT application to amend the Durham Region Official Plan and the Town of
Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by Taylor
Sand and Gravel, be referred back to Staff for further processing and the
preparation of a subsequent report pending receipt of all outstanding
comments;
3. THAT the Region of Durham Planning Dept. be so advised and forwarded a copy
of Report PD- 202 -89; and
4. THAT a copy of Council's decision be forwarded to the interested parties
attached hereto.
1. BACKGROUND
1.1 On February 2, 1989, the Town of Newcastle Planning and Development
Department received confirmation from Durham Region Planning Department
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REPORT NO.: PD- 202 -89 PAGE 2
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that an application was received to amend the Durham Region Official
Plan. The application was submitted by Lloyd Taylor of Taylor Sand and
Gravel. The proposed Official Plan Amendment would amend the Durham
Region Official Plan designation of a 20.96 ha (51.79 acre) parcel of
land in Part Lot 21, Concession 10, former Township of Clarke from
"Major Open Space /Oak Ridges Moraine" to an appropriate designation to
permit a gravel pit operation.
1.2 On April 24, 1989, the Town of Newcastle Planning and Development
Department Staff received an application to amend the Town of Newcastle
Comprehensive zoning By -law 84 -63, as amended, submitted by Lloyd
Taylor. The proposed zoning by -law amendment would change the zone
category of the above stated property from "Agricultural Exception
(A -24)" to an appropriate zone to permit the development of a gravel pit
operation.
1.3 The subject site's northern limit borders Regional Road # 20 (Boundary
Road), while its western and eastern boundaries abuts lot lines 21/22
and 20/21 respectively.
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 As of the writing of this report, a written submission was received on
February 7, 1989. This letter was written by Bruce Garrett and Marjory
Garrett who own property in Lot 22, Concession 8, former Township of
Clarke. In their letter, they expressed concerns regarding the effect
of a mining operation on their water supply. In addition, the Garretts'
were also worried about the resultant increase in noise, traffic and
dust.
517 ...3
REPORT NO.: PD-202-89 PAGE 3
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On March 7, 1989 a telephone conversation was had with Mr. Richard
Sciuk of 259 Simcoe Street South, Oshawa, Ontario. This gentleman owns
property in Part Lot 20, Concession 10, former Township of Clarke (3929
Boundary Road). He currently uses this property for recreational
purposes. Mr. Sciuk stated that he was concerned about the number of
gravel pit operations in the area. Staff advised him of the planning
process including public hearings and the appeal process. Staff also
advised Mr. Sciuk that the lands in question are designated in Schedule E
of the Durham Region official Plan as an area of High Potential Mineral
Aggregate Resources.
3. OFFICIAL PLAN CONFORMITY
3.1 The subject lands are designated as "Major open Spac6/Oak Ridges
Moraine" within the Durham Region official Plan. The predominant use of
lands within this designation shall be for agriculture and farm related
uses.
4. AGENCY COMMENTS
4.1 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:
- Newcastle Community Services Department
- Newcastle Fire Department
- Regional Works Department
- Durham Economic Development Department
- Ganaraska Region Conservation Authority
- Ministry of Agriculture and Food
- Ministry of Transportation
- Ministry of Natural Resources
- County of Victoria
...4
they note that the site distance for the entrance on Regional Road 20
from the east, is substandard. At present, they cannot support this
application and since the entrance is situated at the most westerly
possible location, Works Department recommends that the applicant
consider other alternatives.
4.3 Durham Regional Planning Department requested that the amending by -law
not be passed until the related Official Plan Amendment (OPA 89 -4 /D) has
been dealt with by Regional Council and Town Council.
4.4 The Ministry of Environment stated a number of concerns with
application DEV 89 -49 and OPA 89 -4 /D regarding the possibility of
conflicts with ground water. If excavation proceeds below the water
table this Ministry recommends that a hydrogeological report be
submitted. A study of this kind would assist in resolving any water
well interference problems if such interference occurs.
Ministry of Environment also notes that permits will be required if water
is taken for purposes of washing gravel and /or dewatering, as well as for
any atmospheric emissions produced by processing equipment.
5. STAFF COMMENTS
5.1 Staff is concerned that the plans submitted by the applicant for the
proposed rehabitation of the pit is insufficient. This department will
not accept a grassed 338.6 m (1110.89 ft.) pit as a satisfactory
rehabitation plan. Staff expects the applicant to reconsider this
portion of their proposed development.
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REPORT NO.: PD-202-89 PAGE 5
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6.1 As the purpose of this report is to address the requirement 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,
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Recommended for presentation
to the Committee
Franklin Wu, M.C.I.P. Li6irence E. Kotseff
Director of Planning & Development Chief A mi strative officer
HM*FW*cc
*Attach.
July 31, 1989
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION:
Lloyd Taylor
Mill Street
ORONO, Ontario
LOB 1MO
Blair Culham
16 Temperance Street South
BOWMANVILLE, Ontario
LlC 3A4
Bruce & Marjory Garrett
3845 Concession Road 10
R.R. #2
ORONO, Ontario
LOB 1MO
Richard Scuik
259 Simcoe Street South
OSHAWA, Ontario
LlH 4H3
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