HomeMy WebLinkAboutPD-43-89 DN: 3 5(b)
TOWN OF NEWCASTLE
`s}' � J� REPORT File
V � Res. 6; %
_ -- �• By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, February 20, 1989
REPORT #: PD-43-89 FILE #: OPA 88-107 D & DEV 88-122
SUBJECT: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS
APPLICANT: JAMES C. REYNAERT
PART LOT 15, CONCESSION 7, FORMER TWP. OF CLARKE
FILE: OPA 88-107/D AND DEV 88-122
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-43-89 be received; and
2. THAT the Official Plan Amendment and Rezoning applications submitted by
James C. Reynaert to implement a fourteen (14) lot Estate Residential
subdivision be referred back to Staff for a subsequent report pending
receipt of all outstanding comments; and
3. THAT a copy of Council's decision be forwarded to the Region, the applicant,
and the parties attached hereto.
1. BACKGROUND:
1.1 On November 17, 1988, the Planning and Development Department received an
application from James C. Reynaert to amend the Town's Comprehensive By-law
84-63. Subsequently, on November 25, 1988, the Town was advised by the
Regional Planning Department of an application submitted by James C.
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D898RT 00. : PD-43-89 PAGE 2
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Ieyzaert to amend the C0cbam Regional official Plan. The subject
applications seek to develop a fourteen (I4) lot Estate Residential
subdivision on a 15.28 ha parcel of land located on the northwest
oncoec of Regional Road 0o. 9 and Cazaoaddeu Road.
2. OFFICIAL PLAN AND ZONING DESIGNATIONS:
2.1 The subject lands are currently designated as "Major Open Space" and
"Hazard Laud" within the Durham Region official Plan. The Town of
Newcastle Comprehensive Zoning By-law places an "Agricultural (&)' and
"Environmental Protection (8P)" zoning on the site. Both planning
documents state that the predominant use of lands under this
designation and zoning shall be for ugzicoItocol and farm-related
uses. In addition, those lands designated "Hazard Land" and zoned
"Environmental Protection (ED)" correspond to a tributary of the
Gaoacaaka River Headwaters. Structures would be prohibited on these
lands.
3. PUBLIC NOTICE:
3.1 In accordance with the Town's procedures and the requirements of the
Planning Ant' the appropriate aiguage acknowledging the application
was installed on the subject lands, and written notice was circulated
to property owners within 120 metres of the subject site.
4. PUBLIC SUBMISSIONS:
4.1 Letters of n000ezu have been received by the Planning and Development
Department from Mrs. Helen MacDonald, Mr. Rowan no behalf of the
Citizens for a Safe Environment, Mr. Sam Murata, the residents of the
7th and 8th Concessions, and the Oshawa Ski Club. Their ooucecou are
summarized as follows:
' BE90BT 0U. ; PD-43-89 PAGE 3
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- well water quality and well water interference ooucecoa
- concerns for the natural environment and in particular, the
preservation of the Qauacaoka Headwaters
- response times for emergency vehicles
- concern was expressed that a Hamlet Plan for Kendal should be
developed prior to any applications in this area being approved
- 0000ecu that the development is piecemeal
4.2 The Oshawa Ski Club also made note that:
- During the winter, the Club offers night skiing. The lights will
disturb residents in the area and complaints may be received.
- During the winter, and often all through the night, the Club makes
a considerable onmuut of snow with water and compressed air. The
noise will disturb residents in the area and complaints may be
received,
- During the winter, the Club operates large groomers, and other
heavy equipment, and several snowmobiles. The noise will disturb
residents in the area, and complaints may be received.
4.3 Staff have been informed that the applicant met with area residents on
February 8, 1989 to discuss this proposal. At the time of writing of
this report, Staff are not aware of the outcome of the meeting.
5. CIRCULATION:
5.1 The subject application was circulated by the Town and the Region to
various agencies and departments to obtain comments. The following
agencies/departments offered no objection to the proposal:
- ]onvo of Newcastle Building Department
- Public School Board
- Separate School Board
- Regional Health Department
- Regional Works Department
- Ministry of Agriculture and Rood
5.2 The Town of Newcastle Fire Department noted that the site falls within
the recognized five mile response area of Station #3' Orono. Water
for firefighting will be supplied by Fire Department tanker truck.
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REPORT 0D. : PD-43-89 9&QE 4
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It is recommended that no building permits be issued until aoneuo
routes are in compliance with Subsection 3.2.5.2(6) and adequate water
for firefighting in compliance with Subsection 3.2.5.3 of the Ontario
Building Code is in place.
5.3 The Town of Newcastle Public Works Department expressed oouoezu with
the application because it appears that the existing contours would
not allow the construction of roads within the 6% maximum slope.
Public Works Department has also expressed 0000ecu about the location
of the proposed road at Caroomddeo Bond in respect to available sight
distance.
5.4 Qauaraaka Region Conservation Authority has no objection to the
rezoning of those lands currently designated "Agricultural (&)n, but
would request that the "Environmental Protection (EP)II designation
associated with the Regional Storm flood plain in the northeast corner
of the property be maintained.
5.5 The Ministry of Natural Resources note that the Gauaraykm River
Headwaters traverse the northeast corner of the subject site property,
and this tributary provides a significant and sensitive cold water
spawning and nursery area for resident populations of both brook and
brown trout species. Due to the tributary's significance, the
Ministry notes that this watercourse should be protected from water
quality degredatiou that may result from erosion of the adjacent lands
and the subsequent sedimentation of the tributary. The Ministry
ool4pucta the xMe 'oc Open Space - Hazard Land" designations remaining
on the tributary.
5.6 Comments from the Ministry of the Environment, the Ministry of
Transportation, Ontario Hydro, and Newcastle Community Services have
not been received to date.
REPORT 0O. : PD-43-89 PAGE 5
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6. COMMENTS:
6.1 The applicant has submitted a QeoteobuioaI Investigation conducted by
A.V. Wood and Associates. It is the opinion of the consultant that
the site is suitable for development, however, these conclusions are
based on Ministry of Environment well water data and related soil
investigations. Additional field work and test drilling would be
required before any results could be considered conclusive.
6.3 The applicant has also submitted an Environmental Analysis prepared by
Henry %octekaaa and Associates. The consultant notes that the site
offers on opportunity for unique housing development on regional high
ground and will provide an opportunity to maintain existing
topography, vegetation and provide panoramic views for residents. The
site is, however, constrained by highly erodible soils, which may be
problematic during construction. The consultant also noted that
because of the steep aIoDeo on the site, the development would be
integrated into the landscape on larger Iuto approximately 0.8
hectares (2 acres) . The topography also constrains vertical road
alignments.
6.3 Estate residential developments may be recognized by general amendment
as an exception to the land use designations of the Durham Region
official Plan. These developments are to be considered on their merit
and abaII be limited in number and in scale. However, the use of
rural lands are designated and protected for the primary value as
natural resource features; that is for its agricultural capabilities,
as aggregate resource or for its value for conservation and recreation
purposes. Generally new rural residential development shall be
encouraged to locate in Hamlets to prevent conflicts with resource
based activities such as agriculture and aggregate extraction.
Furthermore new rural residential developments is encouraged to locate
in Hamlets to minimize the cost of municipal services such as school
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REPORT 0O. : pD-43-89 PAGE 6
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busing, police and fire protection, snow plowing, road maintenance and
garbage collection.
6.4 Applications to amend the Durham Region Official Plan to allow for an
Estate Residential development proposal are considered upon their
merits and are subject to the considerations of Section 10.3.2.1. The
applicant's proposal complies with most criteria but may not meet some
the guidelines as follows:
(i) Section I0.3.2.1 e) states:
"The proposal shall not unduly restrict the use of od 'aoaut
properties for agriculture, conservation and recreation, forest
production or mineral extraction."
Oshawa Ski Club expressed 000ueco that their recognized recreational
use may be restricted due to complaints received from future residents
of the proposed subdivision.
(ii) Section I0.3.2.1 b) states that:
"The proposal does not result in significant alteration to the
landscape contours, watercourses or vegetation."
The Town of Newcastle Public Works Department have commented that the
existing contours would not allow the construction of roads within
their design criteria of a maximum 60 road gradient. To accommodate
the municipal engineering standards, there may be a significant
alteration to the landscape cmotooca in contravention of Official Plan
policies. Further review of this matter is required.
7. CONCLUSIONS AND RECOMMENDATIONS:
In light of the above-noted concerns, it is respectfully recommended
that the Official Plan Amendment and Rezoning applications submitted
by James C. Do3oaectr to permit a fourteen (14) lot Estate Residential
subdivision be referred back to Staff for a subsequent report pending
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REPORT 00. : PD-43-89 PAGE 7
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Staff's receipt of outstanding comments from the departments/agencies
and, specifically, to determine if the ooucecuo of the Works
Department can be resolved.
Respectfully submitted, Recommended for presentation
to the Committee
7
-_=_----- -----
Franklin Wu, M.C.I.P. Lmwreo 0otaaff
Director of Planning 6 Development Chief &dmi oLrative Officer
JD8*FW*jip
*Attach.
February 8, 1989
CC: James C. 8oyuaect
Group 12, Box 18
R.R. #3
8OWMANVILLE, Ontario
LlC 3K4
Henry Kortekoao 6 Associates
87 Old Kingston Road
AJAX, Ontario
LIT 3&6
Mc. Sam Murata
489 Parliament Street
TORONTO, Ontario
M5A 3A3
Mr. Rowan
D.R. #1
0BWT8NVZLLE, Ontario
LOA lJO
G.C.S. Morison
Oshawa Ski Club
P.O. Box 174
O38AWA, Ontario
LlB 7Ll
Helen MacDonald
B.B. #1
NEWTONVILLE, Ontario
LOA IJ0
Katherine QuaeIIe
45 Connaught Street
08B&WA, Ontario
LIQ 2HI
®SUBJECT SITE MKENDAL CROWN LAND MANAGEMENT
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