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Home My WebLink AboutPD-17-89 5(c) DN: 18 TOWN OF NEWCASTLE _ REPORT P O R T File # Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: MONDAY JANURAY 23, 1989 REPORT #: PD-17-89 FILE #: OPA 88-89/D & DEV 88-106 SUBJECT: OFFICIAL PLAN AMENTMENT AND REZONING APPLICATION - 542985 ONTARIO LTD. PART LOT 15, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON OUR FILE: OPA 88-89/D & DEV 88-106 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-17-89 be received; and 2. THAT the appliations submitted by 542985 Ontario Ltd. , to amend the Durham Regional Official Plan and By-law 84-63 to permit the development of an eleven (11) lot estate residential subdivision be referred back to Staff for a subsequent report pending receipt of all outstanding comments, and 3. THAT the applicant be so advised, and 4. THAT the Region of Durham be so advised. . . .2 c/ � J( / REPORT NO.: PD-17-89 PAGE 2 _______________________________________________________________________________ l. BACKGROUND 1.1 On September 29, 1988, the Planning and Development Department received an application from 542985 Ontario Limited to amend By-law 84-63. Subsequently on October 20' 1988, the Town was advised by the Regional Planning Department of an application submitted by 542985 Ontario Limited to amend the Durham Region official Plan. The subject applications would seek to develop an eleven (ll) lot estate residential aulx5ivieimo on o 3.98 hectare parcel of land located on the west side of Old 8cogog Road, north of the existing estate residential development. The Ieoda currently support one single family dwelling and accessory building, which will be incorporated into the plan of subdivision as Lot 3. 1.3 The lands are currently designated as Major Open Space in the Durham Regional Official Plan and zoned as "Agricultural Exception (8-I)n and "Environmental Protection (EP) " within the Town of Newcastle Zoning By-law. Both DImouiog documents state that the predominant use of lands under this designation and zoning shall be for agricultural and farm related uses. In addition, those lands zone nDDn represent the 8cwmnmuville Creek, which is located to the west of the subject property. Staff would note that these lands prohibit any type of structure. 1.3 The surrounding land ooeo consist of the wooded BmmmauviIIe Creek to the west; a poultry operation, farm operations and one rural non-farm residence to the north; and vacant to the east however, these are the subject of four estate residential lots, approved by Council October 1987. �� \ -/� c / REPORT NO.: PD-17-84 PAGE 3 _______________________________________________________________________________ 2. PUBLIC NOTICE 2.1 Staff would note for the Committee's information that pursuant to Council's resolution of JoI3, 26, 1982 and the requirements of the Planning Act, the appropriate aigoage acknowledging the application was installed on the subject lands. 3. CIRCULATION 3.1 In u000cdauoe with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note the following departments/agencies in providing comments, offered no to the application as filed: Tcmvo of Newcastle Fire Department Newcastle Hydro-Electric Commission Public School Board Canadian National Railway 3.2 The Town of Newcastle Public Works Department offered no objection to the proposal provide the aBgIiaut/ovmnec satisfy the department fioauciaIIl, and otherwise, as per the usual policy. 3.3 The Town of Newcastle Community Services Department offered on objection provided that the ap?liaut pay to the Town 5& cash-in-lieu of parkland dedication. 3.4 The Central Lake Ontario Conservation Authority requires further studies to be done in order to evaluate the impact on the soil, erosion, ground water and the BmmnauviIle Creek. 3.5 The Ministry of Agriculture and Food offered no objection to the proposal however suggested that the abandoned railway would appear to be an appropriate boundary to the estate residential development in this particular area. 4.. . REPORT N0. : PD-17-89 PAGE 4 _______________________________________________________________________________ 3.6 The Ministry of Natural Resources offered no objection to the amendments however requested that the area zoned as "Environmental Protection (EP) 11 remain as such, in order to reduce the potential erosion and sedimentation of the BovmauvilIe Creek. 3.7 Trans-Northern Pipeline operates and maintains a high pressure refined petroleum products pipeline located between and serving the Montreal, Ottawa and Toronto areas. Although the Pipeline offered no comment with respect to the proposal, they suggest that the ownez/aooIiaut contact the pipeline as to the proper specifications and requirements of adequate developments. 3.8 Staff would note that the following agencies gave no submitted oumoeuta as of the writing of this report: Regional Health Services Regional Works Department 8epermte GobooI Board Ministry of Euvizuonxaot 4. COMMENTS 4.1 Staff have reviewed the application and would note that the proposed use is compatible with the existing surrounding Ieod ooea to the south, however, would note for the Committee's information that the main issue to be considered is the amount of estate residential development that is to be permitted in the general area northwest of the BmwnauvilIe Urban Area. In that regard the Regional official Plan indicates that estate residential development should be limited in size. Staff would note that this area has approximately 69 existing lots and five proposals totalling 49 lots which have not been yet considered. It is the opinion of Regional and Town Staff, that the intent of the Official Plan for estate residential development is being circumvented tbc000b the further approval of this type of development. Given this, each application must be considered in terms of its desirability in the area. ...5 �� /�c ) REPORT 00. : PD-17-89 PAGE 5 _______________________________________________________________________________ 5. RECOMMENTATION In consideration of noted, Staff would zeoVouneud that the application be referred back to staff in order to further review the merits of this proposal. Respectfully submitted, Recommended for presentation to the Committee --------------------�----- ,r —^ --------------- Franklin Wu, M.C.I.P. Lawrence tseff Director of Planning 6 Development Chief Azetive Officer -- �� CRV FW* 'ip *Attach. January 13, 1989 CC: 542985 Ontario Ltd. , c/o Bas VauAndeI 439 Lakeshore Drive P.O. Boo 1642 D0DT PERRY, Ontario LOB 10O, D. G. Biddle and Asaoicateo Ltd. ' 96 King Street East 0GBAWA' Ontario LI8lB6 rn aC M3 OD > 0 > C. GREEN m "0,0---ft 0 > -i G> 0 rn RE REGIONAL ROAD 57 rn 00 (A > (A MIDDLE F ROAD 0 OD 0) RE- 0 > ( LIBERTY STREET ) REGIONAL RD. 14 CONCESSION 3 CONCESSION 4