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HomeMy WebLinkAboutPD-275-89TOWN OF NEWCASTLE 1111nall I'm PUBLIC MEETING (SING: General Purpose and Administration Committee DATE: November 6, 1989 FILE #: DEV 89 -087 File # �. . Res® # By -Law # SUBJECT: REZONING APPLICATION - DR. RUSSELL GILL PART LOT 7, CONCESSION 6, FORMER TWP. OF DARLINGTON FILE: DEV 89 -087 (X /REF: 89- 086 /D /N) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 275 -89 be received; 2. THAT Application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by Dr. Russell Gill, be referred back to Staff for further processing and the preparation of a subsequent report pending receipt of all outstanding comments; and 3. THAT a copy of Council's decision be forwarded to the interested parties attached hereto. 1. BACKGROUND: 1.1 In July, 1989, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By -law in order to permit the development of a single family dwelling. 1.2 The subject property consists of approximately .81 hectares ...2 u9 .11 .� (2.0 acres) and is located in Part of Lot 7, Concession 6, in the former Township of Darlington. 2. PUBLIC NOTICE: 2.1 For the Committee's information, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was erected on the subject lands and the appropriate notice was mailed to each landowner within the prescribed distance. 2.2 As of the writing of this Report, the Planning and Development Department have not received any public submissions with respect to the subject application. 3. OFFICIAL PLAN CONFORMITY: 3.1 Within the Durham Regional Official Plan, the property is designated as "Permanent Agricultural Reserve" with an indication that the property is an Environmentally Sensitive Area. Furthermore, the Durham Regional Planning Department has determined that the subject property is located outside of the limits of the Hamlet boundary. The applicant, has therefore also applied to amend the Town of Newcastle Official Plan in order to extend the limits of the Tyrone Secondary Plan in order to include the subject property and permit the proposed development to be considered. 4. ZONING BY -LAW CONFORMITY: 4.1 Within the Town of Newcastle Comprehensive Zoning By -law 84 -63, the subject property is zoned in part "Agricultural (A)" and "Environmental Protection (EP)". The applicant intends to rezone approximately a .8 ha (2 acre) portion of ...3 )10 a 53.82 ha (133 acre) parcel and create the lot through the severance process. 5. AGENCY COMMENTS: 5.1 The subject application was circulated to various agencies by the Town of Newcastle Planning and Development Department. The following provides a summary of comments received to date. 5.2 The Regional Health Services Department has reviewed the subject application and notes that there is insufficient high, dry, level land for the installation of an on -site sewage disposal system plus 100% replacement area. Therefore, the Health Services Department recommends that approval of the application be withheld. 5.3 The Ministry of Natural Resources has reviewed the proposal and have concerns regarding the portion of the subject property zoned "Environmental Protection (EP) ". This portion of the property contains Mackie Creek which is a sensitive coldwater creek which provides habitat for resident populations of both brown and brook trout species. The Ministry of Natural Resources recommends that this portion of the subject property be retained within the "Environmental Protection" zone. The Ministry has no objections to the rezoning to "Residential Hamlet ", that portion of the subject property currently zoned "Agricultural (A) ", although the Ministry acknowledges that this portion of the subject property may not meet the requirements of the "Residential Hamlet" zone with respect to lot area. 5.4 The Town of Newcastle Public Works Department has reviewed the proposal and have no objections to the proposal, subject to ...4 4� I l the provision of certain conditions. The Public Works Department further recommends that the application not proceed until such time as the Central Lake Ontario Conservation Authority has indicated that they have no concerns with the subject property and its proximity to the flood plain of Soper Creek. 5.5 The Community Services Department has reviewed the application and have no objections to its approval subject to the applicant providing 5% cash -in -lieu of parkland dedication and the Owner agreeing to dedicate to the Town gratuitously, the area of land from Soper Creek to the top of the bank. 5.6 The balance of the circulated agencies which have provided comments are the Town of Newcastle Fire Department, and the Ministry of Agriculture and Food. None of the aforementioned agencies have provided objectionable comments. The Central Lake Ontario Conservation Authority, the Ministry of Transportation, the Ministry of the Environment, Ontario Hydro and the Durham Regional Works Department have all yet to respond. 6. STAFF COMMENTS: 6.1 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act and in consideration of comments outstanding, the Planning and Development Department recommends that the application be referred back to Staff for further processing. ...5 F- i - REPORT Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development WM *FW *jip October 23, 1989 Recommended for presentation to the Committee Lawrence E!. Kotsef, f, M. C . I . P . Chief Administrative Officer INTERESTED PARTIES TO BE NOTICE OF COMMITTEE AND COUNCIL'S DECISION: Dr. Russell Gill R.R. #5 BOWMANVILLE, Ontario L1C 3K6 Mr. Irwin Hamilton Hamilton & Associates Barristers & Solicitors P.O. 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