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HomeMy WebLinkAboutPD-274-89TOWN OF NEWCASTLE PUBLIC MEETING MEETING: General Purpose and Administration Committee DATE: November 6, 1989 File #X110 5': Res. # By -Law # REPORT #: PD- 274 -8 9 FILE #: DEV 89 -073 SUBJECT: REZONING APPLICATION: M. OZERKEVICH AND L. KOTZER PART LOT 15, CONCESSION 2, FORMER TWP. OF DARLINGTON FILE: DEV 89 -073 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 27489 be received; 2. THAT application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by Irwin A. Hamilton on behalf of M. Ozerkevich and L. Kotzer be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the interested parties listed in this Report be advised of Council's decision. 1. BACKGROUND: 1.1 On June' 1, 1989, the Planning and Development Department received an application submitted by Irwin A. Hamilton on behalf of M. Ozerkevich and L. Kotzer to rezone a 3.63 hectare parcel of land from "Agricultural (A)" and "Environmental Protection (EP)" to permit the creation of two (2) additional residential lots. ...2 �o � �• O. .D 1.2 The subject property is located on the north west corner of Nash Road and Regional Road No. 57. The legal description of the subject property is, Lot 15, Concession 2, former Township of Darlington. The municipal address of the property is 2510 Nash Road. 2. EXISTING AND SURROUNDING USES: 2.1 The existing use on the subject property is a single family dwelling. A one and a half storey log home is situated towards the south of the property orientated towards Nash Road. The surrounding uses are as follows: East: Regional Road 57 and Bowmanville Creek West: Agricultural and residential uses exist South: two non -farm residential lots; one being 10 acres and the other being 8 acres in size North: Bowmanville Creek as well as the road allowance for the Nash Road extension to Regional Road No. 57 3. PUBLIC NOTICE: Staff would note for the Committee's information that, 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. 4. CIRCULATION: 4.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note the following departments/ agencies, in providing comments, offered no objection to the ...3 C:r)7 J Ili C_ REPORT NO.: PD- 274 -89 PAGE 3 application as filed. - Town of Newcastle Fire Department - Newcastle Hydro Electric Commission - Ministry of Agriculture and Food 4.2 The Town of Newcastle Community Services Department commented that the potential to flooding of the ravine to the north, requires that in due course, the ravine lands should come under public control and felt that the application for rezoning should be refused. 4.3 The Ministry of Natural Resources in their review of the application noted an objection. Ministry Staff suggested that the zoning and designation of the subject property remain as such to preserve and protect the unique attributes of the Region's landscape including valleylands, marshes and other natural environments and recreational resources. 4.4 The Central Lake Ontario Conservation Authority in their review of the rezoning application, noted an objection. They commented that virtually all of the proposed, two western -most lots, consist of the forested valleylands of the Bowmanville Creek and approximately 45% of the coverage of each of the three (3) lots is below the Regional storm flood elevation. The Central Ontario Joint Planning Board, Conservation Study - 20 year acquisition plan has also termed this portion of the Bowmanville Creek Valley System as "Valleyland of Regional significance for parks and recreation and recommended that these lands be considered for acquisition by the Authority. The general policy of the authority is to discourage the creation of new lots which cannot support their intended use ...4 n7, iUJ •� • • , EM over most of the lot area. � 1 � 4.5 The Regional Health Services Department recommended, as there is an insufficient level area for the installation of a private sewage disposal system, that the rezoning application be not approved. 4.6 The Town of Newcastle Public Works Department offered no objection to the rezoning application subject to the fulfilling of their conditions. A 2.2 metre road widening be dedicated to the Town and that the applicant contribute to the costs of upgrading Nash Road. Public Works also requested that the applicant apply for property access and that all the requirements, financial or otherwise be satisfied. 4.7 Staff would note for the Committee's information that comments are still outstanding from the Regional Planning Department, Regional Works Department and the Ministry of Transportation. 4.8 Staff would note that the Owner, Mr. M. Ozerkevich, has informed Planning Staff that the possibility exists of reducing the lot sizes to ease any concerns of the conservation Authority. Mr. Ozerkevich has also stated that the building sites on the lots would be as far away as possible from any potential flooding and "Environmental Protection (EP)" zoning. 5. OFFICIAL PLAN CONFORMITY: 5.1 Staff have reviewed the application wii provisions of the Durham Regional Official lands are designated as "Major Open Space" within the Durham Regional Official Plan. FnA -JU :h regards to the Plan. The subject and "Hazard Lands" The predominant ...5 L _ , use of lands under this designation shall be for agricultural and farm related uses. The Plan also states that the development of new non -farm residential uses shall be discouraged within this designation unless such development proceeds in the form of infilling between existing residential dwellings and provided that such development is recognized as a residential node or cluster in the local municipality's zoning by -law. The Official Plan prohibits any type of development in the "Hazard Land" designation. Therefore, a cluster or node must be definable as a separate entity and is of a size so as not to be considered as scattered or strip development. The entire cluster must be recognized in the local planning documents and once defined, no further extensions to the cluster may be permitted. In addition, the existing group of dwellings must be on relatively small lots generally being less than approximately 3 hectares. New clusters are also discouraged from locating on a provincial highway or Type "A" Arterial Road, and finally, development within a cluster is compatible with the surrounding uses and conforms with the Agricultural Code of Practice. 5.2 Staff would note for the Committee's information that comments from the Regional Planning Department regarding cluster policies remain outstanding. 6. COMMENTS: 6.1 Staff would note for the Committee's information, that it would appear this application for rezoning to a "Rural ...6 DQj •�• • NUME Cluster" would not meet many of the Durham Region Official Plan policies regarding cluster formation. Comments from the Regional Planning Department will provide a better indication of the possibility of a Rural Cluster formation as proposed. 7. RECOMMENDATIONS: 7.1 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act, the Planning Department recommends that application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by Irwin A. Hamilton on behalf of M. Ozerkevich and L. Kotzer, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments. Respectfully submitted, -0- � ( r Franklin Wu, M.C.I.P. Director of Planning and Development MP *FW *jip October 28, 1989 Recommended for presentation to the Committee Law -ence Kotseff, M.C.I.P. Chief Administrative Officer INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: Mr. Irwin Hamilton Hamilton & Associates Barristers & Solicitors P.O. Box 39 1 Division Street BOWMANVILLE, Ontario L1C 3K8 Michael Ozerkevich & Lida Kotzer 2510 Nash Road BOWMANVILLE, Ontario 506 Ir S n 3 a cH A f� rl x p n c i 508