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.
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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
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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
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over most of the lot area.
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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.
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:h regards to the
Plan. The subject
and "Hazard Lands"
The predominant
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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
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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,
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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
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