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Home My WebLink AboutPD-238-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV92040.GPA REPORT Meeting General Purpose and Administration Committee File lf Date Monday, December 7, 1992 Res Re ort# —PD-238-9 File # 2 DEV 92-040 By-l-aw# p _ — Subject REZONING APPLICATION - MICHAEL, STEWART AND ALAN CLARKE PART LOT 1, CONCESSION 1, FORMER TOWNSHIP OF CLARKE FILE: DEV 92-040 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-238-92 be received; 2 . THAT Rezoning Application Dev 92-040 submitted by the Town of Newcastle on behalf of Michael, Stewart and Alan Clarke, to rezone the lands from "Agricultural (A) " to "Environmental Protection Exception (EP-9) " be APPROVED; 3 . THAT the amending by-law attached hereto be forwarded to Council for approval; 4 . THAT a copy of this report and the amending by-law be forwarded to the Durham Region Planning Department; 5. THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; 6. THAT any delegation and those persons listed in this report be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: The Town of Newcastle 1. 2 Owner: Michael, Stewart and Alan Clarke 1. 3 Rezoning: From - Agricultural (A) to Environmental Protection Exception (EP-9) 1. 4 Area: 5. 65 hectares 2 . LOCATION 2 . 1 The subject lands are located in Part of Lot 1 Concession 1, former Township of Clarke on the southwest corner of Highway No. 2 0*9- REPORT NO. PD-238-92 PAGE 2 2 and East Townline Road. It has been identified as Block 20 on a draft approved plan of subdivision consisting of 19 estate residential lots. 3 BACKGROUND 3 . 1 Previously, applications have been submitted on these and the surrounding lands to permit an estate residential development. On July 21,e 1992 draft approval for subdivision 18T89007 was granted by the Region. One of the conditions which must be satisfied in order to clear the conditions of draft approval is passage of a zoning by-law amendment in respect of the zoning of Block 20. Both the Ministry of Natural Resources and Ganaraska Region Conservation Authority requested this zone change through the conditions of draft approval. 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: vacant 4 . 2 Surrounding Uses: East - Agricultural West - Agricultural South - Draft Approved Plan of Subdivision (18T89007) North - Agricultural 5 OFFICIAL PLAN POLICIES 5. 1 The proposed rezoning from "Agricultural" to "Environmental Protection" conforms to the Durham Region Official Plan. 6 ZONING BY-LAW PROVISIONS 6. 1 The subject lands are currently zoned "Agricultural (A) " . This zone permits farming and other agricultural related activities and uses. As a requirement of the conditions of draft approval for the residential subdivision the lands must be rezoned to "Environmental Protection Exception (EP-9) " . ) � � . . . . 3 REPORT NO. PD-238-92 PAGE 3 7 PUBLIC MEETING AND SUBMISSION 7 . 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. 8 AGENCY COMMENTS 8 . 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: Town of Newcastle Public Works Durham Region Planning Department Ganaraska Region Conservation Authority Ministry of Natural Resources Ministry of Agriculture and Food 8 . 2 The Ministry of Transportation has no objection to the application, but they do advise that access to this property from Highway No. 2 will not be allowed. 9 STAFF COMMENTS 9 . 1 Soils in Block 20 have a high water table and the soils are predominantly peat in nature. The site is well treed and this helps to maintain good water quality and depress the water table. Lastly, these lands act as a source area for the Port Granby Creek. As such, the Ganaraska Region Conservation Authority and the Ministry of Natural Resources requested that Block 20 on the draft approved plan of subdivision (18T89007) be kept in its natural state. 9 . 2 The report recommends that Block 20 be zoned "Special Exception Environmental Protection (EP-9) " zone. This zone permits the following uses; conservation, bird sanctuaries, wildlife (� Z . . . .4 1 Z REPORT NO. PD-238-92 PAGE 4 reserves or other similar uses which provide for the preservation of the natural environment, and lastly flood and erosion control works. By permitting only these uses, the sites natural character will be preserved. 10 CONCLUSION 10. 1 As per the Ministry of Natural Resources and the Ganaraska Region Conservation Authority requirement, Planning Staff support the zoning of the subject lands from "Agricultural (A) " to "Environmental Protection Exception (EP-9) " and forward the attached by-law zoning Block 20 on draft approved plan of subdivision 18T89007 as such. Respectfully submitted, Recommended for presentation to the Committee � JI Franklin Wu, M.C. I.P. Lawrence Kot se f DIrector of Planning Chief Administrative and Development Officer HB*FW*cc *Attachment #1 Key Map *Attachment #2 By-law 25 November 1992 Interested parties to be notified of Council and Committee's decision: Michael Clarke Mary Clarke Stewart Clarke Victoria Park Farm Allin Clarke R.R. #3 18 Cadillac Street South Port Hope, Ontario Oshawa, Ontario L1A 3V7 L1H 5Y9 5 U 4 ® SUBJECT SITE LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT I RC j I _ M2r5 U EP z "MOWN O RC C -3 I ywr IVe o (H) RE Q w 4 P EP Z -i z A 3 O HWY. tJ° 401 EP EP A EP N i I w o EP I CURKE 0 250 500 KEY MAP 500 100 Dev. 92-040 505 This is Schedule "A" to By-law 92 - , passed this day of , 1992 A.D. LOT 2 LOT 1 CONCESSION 1 166 0?3 pO,GHwAY N, 2 333,63 0 A490 85 0 m 0 0 N m D ® ZONING CHANGE FROM �l0 00 1200 `2900 'A' TO 'EP-9' W r Z_ I J N Z r I a o ((O�� N 1-' O J L f 3 N " I M W 0 50 100 200m Mayor 100 75 5025 0 Clerk LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT I Rc M2r5 EP o AP RC U C6-3 I HwY Np (H) RE a W � EP z aE J Z A 3 O HWY Ns 401 EP EP A EP N N LU U i I W p EP I I U JE P I A 0 260 500 Former Township of CLARKE 5 00 100 � THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle to implement application DEV 92-040 and 18T 89007, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows 1 Section 5 2 "Special Exception Environmental Protection (EP)" Zone is hereby amended by adding thereto, the following new Special Exemption 5 2 9 as follows "5 2 9 SPECIAL EXCEPTION ENVIRONMENTAL PROTECTION (EP-9) ZONE Notwithstanding Section 5 1, those lands zoned "EP-9" on the schedules to this By-law may be used only for the following a) Permitted Uses 1) conservation u) bird sanctuaries iii) wildlife reserves or other similar uses which provide for the preservation of the natural environment iv) flood and erosion control works" 2. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from. "Agricultural (A)" to "Environmental Protection Exception (EP-9)" 3. Schedule "A" attached hereto shall form part of this By-taw 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act BY-LAW read a first time this day of 1992 BY-LAW read a second time this day of 1992 BY-LAW read a third time and finally passed this day of 1992 MAYOR CLERK This is Schedule "A" to By-law 92 - , passed this —day of , 1992 A.D. LOT 2 LOT 1 CONCESSION 1 ",96.23,00" qY N' 2 00 333,63 °o Azg065 0 0 - o 0 Ln 0 ® ZONING CHANGE FROM ilo 00 12000 \2900 'A' TO 'EP-9' W F` _Z I J N Z r I c o N O J e �- 3 N M I W J 0 50 100 200m Mayor 10075 50 25 0 Clerk LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT I N rA I M2r5 EP z O 7EP RC �_ U C6-3 ( ywY Ns 0 (H) RE Q � - EP Z aE J Z A 3 O HWY. N° 401 EP EP A EP W w 0 EP U )4'E- P A 0 250 500 Former Township of CLARKE 10 -8 500 100 �,