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Home My WebLink AboutPD-18-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: MASTRO.GPA REPORT Meeting: General Purpose and Administration Committee File# P_� ( I 01 Date: Monday, January 6, 1992 By-Law# Report#:--p- File#: OPA 91-013/N, DEV 91-001, OP 3 . 14 Subject: MASTROIANNI LANDS SOUTHWEST OF THE HIGHWAY 2/MAPLE GROVE ROAD INTERSECTION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-18 -92 be received; 2 . THAT the correspondence dated March 20, 1991, from Sam Cureatz be received and filed; and 3 . THAT Mr. Mastroianni and Mr. Cureatz be so advised and forwarded a copy of this report. 1. ORIGIN OF THIS REPORT 1. 1 On March 20, 1991, Mr. Sam L. Cureatz sent to the Town Clerk a letter (with an enclosed sketch of survey) asking Council to respond to his client's (Mr. Mastroianni's) request to have a Hamlet Residential Zone boundary line moved further west to provide for five residential lots (shown on the sketch of survey) . 1.2 At the meeting held on April 15, 1991, the Council of the Town of Newcastle passed a resolution that the above correspondence be "received and referred to the Director of Planning for review and preparation of a report to be submitted to the General Purpose and Administration Committee" . 1. 3 The above-mentioned zone boundary divides a land parcel 24 . 35 acres in size owned by Mr. Mastroianni (see Attachment No. 2) . A small portion of the land parcel, that which is east of the zone boundary was zoned IRHI Residential Hamlet. The larger remaining portion to the west of the boundary was and is zoned 'A' Agricultural. The REPORT NO. : PD-18 -92 PAGE 2 land parcel is located in Part Lot 19, Concession 2 , (former) Township of Darlington. The land is currently vacant and used for agricultural purposes. 2. BACKGROUND 2 . 1 Staff submitted Report PD-22-91 to a Public Meeting of the General Purpose and Administration Committee on January 21, 1991. This report, presented the Hamlet of Maple Grove Secondary Plan and the related zoning by-law amendments that would implement the Plan. The proposed Secondary Plan excluded Mr. Mastroiannifs lands from the hamlet. The report also included a proposal to rezone the small portion of Mr. Mastroianni's land from 'RH" Residential Hamlet to 'A' Agricultural. 2 . 2 Mr. Don Mastroianni appeared as a delegation at the above Public Meeting advising Council that he purchased land three years ago that was zoned residential and he is opposed to the rezoning from residential to agricultural because the land is not suitable for farming. 2 . 3 At the meeting held on January 28, 1991, the Council of the Town of Newcastle passed a resolution adopting the Maple Grove Secondary Plan with an amendment include Mr. Mastroianni's land parcel (land zoned "RH") within the Hamlet limits and further that staff be directed to amend the Hamlet of Maple Grove Secondary Plan accordingly. The said Hamlet Plan has been amended (Attachment 2) and submitted to the Region of Durham. With the change to the Regional Municipality of Durham Act, it must be reconsidered by Council and adopted by by-law. 3. STAFF COMMENTS 3 . 1 According to the provisions of the Official Plan of the Town of Newcastle and the Town of Newcastle Comprehensive Zoning By-law 84- 63, the minimum lot area for new lots in land zoned 'RH' Residential Hamlet is 4 , 000 sq. metres. Mr. Mastroianni's land 7 I REPORT NO. : PD- 18 -92 PAGE 3 (the portion zoned "RH") appears to be less than 8, 000 sq. metres and hence can only support one dwelling. 3 . 2 Mr. Mastroianni, through his lawyer Mr. Sam Cureatz maintains that "with Newcastle requesting the RH zoning back into the.Maple Grove plan, there was obvious intent to provide .such further housing as would be reasonable expected in such as setting". From Mr. CureatzIs letter and enclosed sketch (see Attachment No. 1) , it seems Mr. Mastroianni is suggesting Council should expand the "RH" Residential Hamlet zoning to the west in order to create five (5) residential lots. 3 . 3 Staff understands that it was never Council's intention to expand the western limit of the portion of Mr. Mastroianni's land that had the 'RH' Residential Hamlet zoning. In fact, Council's resolution deleted any proposed zoning by-law amendment, thereby indicating Council's intention of maintaining the status quo. Council did not consider a request for additional land area or lots at this meeting. 3 .4 Staff notes that the Maple Grove Hamlet Secondary Plan Background Report concluded that Maple Grove should be a Hamlet for Limited Growth, that is only minor infilling. This conclusion was reached for the following reasons: (1) Maple Grove is located in the Urban Separator between Courtice and Bowmanville. Further development would weaken the separator concept; (2) The Regional Hamlet Servicing Study and Regional Health Department comments indicate that the soil conditions and water table levels in Maple Grove generally are unsatisfactory for in-ground septic systems. Town Council in adopting the Hamlet of Maple Grove Secondary Plan, has basically taken a no growth scenario for the hamlet (except for one or two lot 7 REPORT NO. : PD- 18 -92 PAGE 4 infilling situations) . Mr. Mastroianni Is proposal for 5 lots is riot infilling and is contrary to maintaining the no growth scenario for Maple Grove. 3 . 5 Staff cannot support Mr. Mastorianni's request for the planning reasons advanced through the preparation and approval of the Maple Grove Hamlet Plan for a no growth scenario. In the event Mr. Mastroianni does not agree with any portion of the Hamlet Plan as approved by the Town, the Planning Act does contain provisions to allow the land owner to request the Minister to refer the Hamlet Plan to the O.M.B. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief Administrative and Development Officer BR*DC*FW*df 26 November 1991 Attachment No. 1: Letter from Sam Cureatz dated March 20, 1991 Attachment No. 2: The Mastroianni Lands and the Maple Grove Secondary Plan Interest parties to be notified of Council and Committee's decision: Don & Son Building Supplies Ltd. 1289 Sommerville Street Oshawa, Ontario. L1G 7L5 Sam L. Cureatz Lycett & Cureatz Barristers and Solicitors 14 North Street, Unit 1 Newcastle, Ontario. 79 Attachment NoL. W. Kay Lycett cc LyCett 0 CUrCa17 (Sam L cureatz 0-CA mcmbcr of the barf[8tcm and M1Ctto18 Formcr mH8Lcr of the Crown for the Ontario Bar&icc 1997 20 Ki (� �� Covcnumt of Ontario Home (416) 983 94?5 U #� !I ' How (416) 983 5433 Newcastle,Ont L15 1117 Phone: 987-3500 Fax: 987-3503 March 20, 1991 ;rr� Town of Newcastle 40 Temperance Street 27 1991 Bowmanville, Ontario LIB IH7 j0Vj% OF KEVWCUS Attention: Pattie Barrie p�1NNING pEPARjMNS� Dear Ms. Barrie: Re: Don & Sons Application for severance Please find enclosed a sketch of survey pertaining to my client's property in Maple Grove. I would ask you to bring this to Council's attention for a response. As you can see, to obtain full RH status to provide for 5 lots, the boundary line of the RH zoning would have to be moved futher west. I spoke with your planning staff, Bob Russell for one (who was very helpful) , and I was eventually directed to John Nlchailidis, Planner for the Region of Durham, and he advised me as follows: , 1) That the Region of Durham has under its consideration the Town of Newcastle's amendment 91-13 for Maple Grove. 2) That the Town's amendment for its own secondary official plan did not take into consideration the extension of the RH zone on my 1 client's property to the west to provide for 5 possible lots. 3) That for the Region to consider the extension of the RH zone they would have to be directed by the Town to alter the amendment 91-13. As a result, I would request for Town council to review the Maple Grove amendment and consider advising the Region to extend the boundary west as per attached schedule. I would bring to your attention that with Newcastle requesting the RH zoning back into the Maple Grove plan, there was obvious intent to provide such further housing as would be reasonable expected in such as setting. However, the municipality's request to reinstate the RH . . . 2 8 Q 2 - category would appear to only provide for one building permit for this property and of course, there would be one building permit available anyway for the agricultural zoning. If planning staff do not fee so inclined to request the Regional planning committee to extend the RH zoning, would you be so kind as to: 1) advise' me of such 2) make arrangements that,-I might make a deputation before Newcastle Council's direction on*this matter. Yours tru . 6Cureatz cc: Lou Mastroianni cc: Devon Biddle {f ' ...,... I ----- . _------------- _ s s t � 599 81 - 111112- Z�,—Z--IZD7- °4c] o Lx�p nk o 7 c?4 1x1 DONEVAN FLEISCHMANN PETRICH LTD- ONTARIO LAND SURVEYORS 0) I I ONTARIO STREET PICKERING CORP_ CENTRE Q �2w1[I OSHAWA LIG 4Y6 PICKERING LIV 3P2 yfi 839-8643 725-4795, 683-3701 ,2S LOT 21 LOT 20 LOT 19 LOT 18 Existing Residential Residential infi{ling Residential Expansion Long Term Residential Expansion -- ® Community Facility --�— N Neighbourhood Park Elementary School � N Senior Elementary School 0 o cn Commercial W co i< Z \\\\\\\\ utility ' t ) 0 \\\\\\\ O U. Area Subject to Development Restrictions a Possible Access Points HAMLET BOUNDARY EXTENSION REQUESTED —.—Limit of BY MR. MASTROIANNI "> Hamlet Secondary Plan MAPLE GROVE SECONDARY PLAN SLOOR STREET SCHEDULE 9-9 � TOWN OF NEWCASTLE OFFICIAL PLAN �- HAMLET BOUNDARY AS 3 LANDS OWNED BY AMENDED BY COUNCIL (D ® MR. MASTROIANNI U 0 100 200 300m Z Z 0 100 50m O N