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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. . . .2 D898RT 00. : PD-43-89 PAGE 2 _______________________________________________________________________________ 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 _______________________________________________________________________________ - 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. ` REPORT 0D. : PD-43-89 9&QE 4 ------------------------------------------------------------------------------- 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 _______________________________________________________________________________ 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 ` ' REPORT 0O. : pD-43-89 PAGE 6 _______________________________________________________________________________ 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 ` REPORT 00. : PD-43-89 PAGE 7 _______________________________________________________________________________ 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 � ':." OSHAWA SKI CLUB - , 18 17 16 15 14 13 12 11 10 9 8 Z O E (n I I V I I I i Z 10 I CONC.RD. 8 I EP _ I I i V I i I Z W I I A I Q I I i nn I 1 0 I Z VE~ I I Q I I I Er 0 I ( I _ v I I I I I S i I 0 1 I `r:•' :':::: i ' 3 I I I, w I i EP-5 9:iN .H:: ^ EP 1 1 EP I O t'1 I I , -1 RD. 1 -;.'f'a; SEE I 1 r.. � c� ,w�• °%r�f ' r: Z ,`z'` DULE 1 , °, ir rti;��r�..: f: ', :' • E.c', �:'���' KENDAL) Z 1 i"'.�( 't,`y` '. i.. •. h U `?^. a *, A-11 '} I I B 0 Al I I ,. I V I CONC. RD.6 I 0 2.50 500 ,000fn KEY MAP 500M 100 Dev. 88- 122 O.P. 88- 107 /D