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Home My WebLink AboutPD-35-90 f TOWN OF N WCASTLE REP R File # D D 7" GERRITS D - ..N Res. # By-Law # METING: General Purpose and Administration Committee DATE: Monday, January 22, 1990 REPORT #: PD- 35 -90 FILE #: 89-132/D SLBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - G. GERRITS PART LOT 24, CONCESSION 3, DARLINGTON FILE: 89-132/D RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 35 -90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle has no objection to the application submitted by Mr. G. Gerrits to amend the Durham Region Offi ial Plan to permit the development of one ( 1) non-farm residential lot; and 3 . THAT the Region of Durham Planning Department and those persons listed as a delegation be advised of Council 's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Mr. G. Gerrits 1 .2 Owner: Mr. J. Stoop 1. 3 Official Plan Amendment: From - Major Open Space to Rural Cluster 1.4 Area: 4 . 82 ha ( 11. 91 acres) . . .2 r REPORT NO. : PD- 35 -90 PAGE 2 2 . BACKGROUND 2 . 1 In November 1989, the Town of Newcastle Planning and Development Department was advised of an application for Official Plan Amendment filed by G. Gerrits . The application proposed to amend the Durham Region Official Plan to permit the development of one ( 1) non-farm related residential lot. The subject lands are designated 'Major Open Space' in the Regional Plan and zoned 'Agricultural (A) ' and 'Environmental Protection (EP) ' in the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. 2 .2 In November 1987, the applicant had originally submitted an application for rezoning to allow the development of two (2) non- farm related residential lots. In February of 1988, at the applicant's request, Committee and Council resolved to TABLE the application to allow Mr. Gerrits to apply for an Official Plan Amendment. 2 . 3 Subsequently in March 1988, J. Stoop and G. Gerrits submitted an application for Official Plan Amendment to allow the development of two (2) residential lots . Town Planning Staff prepared a report for Committee and Council 's consideration in July of 1988. Said report was referred back to Staff for further discussion with the applicant and to allow Staff to prepare a subsequent report in conformity with the Town of Newcastle's Polices on Nodes and Clusters for consideration by Committee in September. 2 .4 In accordance with the above direction, a report was forwarded to General Purpose and Administration Committee on September 6, 1988, at which time the Committee resolved to rescind the Town's Rural Cluster policies and that the Region's criteria for identifying Nodes and Clusters be utilized until such time new policies are developed by Town Staff. 2 .5 In October 1988, yet another report was forwarded to G.P.A.C. This _ 3 . . . r REPORT NO. : PD- 35 -90 PAGE 3 time Committee resolved to recommend approval of Official Plan Amendment and Rezoning application to permit the development of two (2 ) non-farm residential lots and that the implementing zoning by- law amendment be forwarded to Council at such time the Official Plan Amendment application is approved by the Region. 2 .6 Regional Planning Committee recommended DENIAL of the Official Plan Amendment at its meeting of January 3, 1989 . Regional COuncil at its meeting of January 11, 1989 adopted said recommendation. On January 16, 1989, Town Council passed By-law 89-8 identifying a Cluster/Node in compliance with the application as submitted. The by-law was passed in accordance with Durham Region Official Plan policies, which allows the local Council to recognize clusters within the restricted area zoning by-law, if they are deemed desirable. 2 .7 Two objections to by-law 89-8 were received within the thirty-five (35) day appeal period. The first was received February 3, 1989 from the Commissioner of Planning for Region of Durham and the second on February 17 from a neighbouring land owner. The matter has been referred to the Ontario Municipal Board although no hearing date has yet been set. 3 . CONCLUSION 3 . 1 The subject application now proposes the creation of one ( 1) non- farm residential 1. 95 ha (4 . 82 acre) lot as opposed to two (2) lots 0. 63 ha ( 1 .58 acres) each, as requested in the previous rezoning and Official Plan Amendment applications. Regional Planning Staff have advertised the application on November 15, 1989, and as a result have received a letter of objection from a neighbouring land owner. 3 .2 Inasmuch as Committee and Council previously approved the applications to permit the development of two (2) non-farm related F 4 ) . . . REPORT NO. : PD- 35 -90 PAGE 4 residential lots and has passed the necessary zoning by-law amendment, the current Official Plan Amendment application to allow the development of one (1) non-farm residential lot appears to be consistent with Council's previous decision. Staff note that should the Official Plan Amendment be approved a subsequent zoning by-law amendment will be forwarded to Council for approval. Respectfully submitted, Recommended for presentation to the Committee f Franklin Wu, M.C. I .P. Lawrenc . Kotseff DIrector of Planning Chief . and Development Officer J FW*cc *Attach 10 January 1990 Interested parties to be notified of Council and Committee's decision: Don and Stella Carter R.R.#3 Bowmanville, Ontario L1C 3K4 G. Gerrits R.R.#3 Bowmanville, Ontario L1C 3K4 J. Stoop R.R.#3 Bowmanville, Ontario L1C 3K4 LOT 26 LOT 25 LOT 24 LOT 23 (Unopened ) CONC ROAD 4 (Unopened) f 010-090-04900 1 ( 100-00 cc.) 0 1 � 1 010-090-04800 _ ( 10.02 ac.) 010-090-04700 ( 10.02 ac.), U LLJ z 10.100c.) O 0 Q 010-05004500 U � � O UQ 010-090-04400 tL O Z (59.38 ac.) NASH ROAD L - Ell , SUBJECT SITE : 010-090-04600 ( 14-82 ac. )