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Home My WebLink AboutPD-83-90 TOWN OF NEWCASTLE N: wooD REPORT File # 6v, 3,S t� i r Res. # '. �. By-Law # PUBLIC MEETING STING: General Purpose and Administration Committee DATE: Monday, March 5, 1990 REPORT #: PD- 83 -90 FILE #: DEV 89-142 (OPA 89-141/D) SLRJECT: REZONING APPLICATION -DEBORAH WOOD PART LOT 32, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 89-142 (OPA 89-141/D) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-83 -90 be received 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Deborah Wood be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1. 1 In December of 1989, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law in order to permit the development of two additional estate residential lots . 1.2 On December 19, 1989, the Region of Durham advised the Town of Newcastle that the applicant had also applied to amend the Durham Regional Official Plan in order to implement the aforementioned development. . . .2 REPORT NO PD- 83 -90 PAGE 2 1. 3 The subject property is a rectangular shaped parcel approximately 1.491 hectares (3 .68 acres) in size and is located on the east side of Tooley's Road approximately 560 metres ( 1837 feet) north of Pebblestone Road, but is more formally described as Lot 1 in Registered Plan 10M 808. 2 PUBLIC NOTICE 2 . 1 For the Committee's information, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 2 .2 As of the writing of this report, the Planning and Development Department has not received any written submissions with respect to the subject application. However, the Planning and Development Department has received one telephone inquiry with respect to the subject application during which concerns were expressed over the environmentally sensitive nature of the subject property. 3 OFFICIAL PLAN CONFORMITY 3 . 1 Within the Durham Regional Official Plan, the subject property is designated as Estate Residential. Amendment No. 165, which was approved on March 16, 1987, added Section 10 . 3 . 1.4(24) to permit the development of a maximum of 51 estate residential lots. 3 .2 The applicant proposes to sever Lot 1 on Registered Plan 10M 808 which would result in the creation of two additional estate residential lots and therefore, the maximum number of permissable lots would be exceeded. Therefore the applicant has applied to amend the Durham Regional Official Plan accordingly in order to permit the severance to be considered. . . .3 3 1 REPORT NO. : PD- 83 -90 PAGE i 3. 3 Furthermore, within the Durham Regional Official Plan the subject property has an indication of environmental sensitivity. The Durham Regional Official Plan states that prior to approving a development application within an environmentally sensitive area, the proponent shall conduct a study which shall attempt to determine to the satisfaction of the respective area municipal council and the Region: a) the type and degree of sensitivity of the environmental conditions; b) the compatibility of the proposed development with the environmentally sensitive area(s) ; c) the need for and the definition of mitigating measures to cope with the sensitivity of the environmental conditions; d) the location, amount and type of development; and e) the location and extent of those sensitive area(s) which should be preserved. 3 .4 However, the Planning and Development Department will await comments from the Central Lake Ontario Conservation Authority to confirm the environmentally sensitive nature of the property before determining the need for environmental studies. 4 . ZONING BY-LAW CONFORMITY 4 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is zoned in part "Residential Estate (RE) " and in part "Environmental Protection (EP) " . As the applicant proposes to residentially develop that portion of the subject property zoned "Environmental Protection" , the applicant has applied to amend the zoning by-law accordingly. 5 AGENCY COMMENTS 5 . 1 The Town of Newcastle Planning and Development Department undertook a joint circulation of the Official Plan Amendment and Zoning By- law Amendment. The following provides a brief synopsis of comments received to date. . . . .4 REPORT NO. PD- 83 -go PAGE 4 5 .2 the Regional Health Department have reviewed the subject application and cannot recommend approval as the property is low and wet. 5 . 3 The Town of Newcastle Public Works Department have reviewed the proposal and has no objections to the application but recommends that the application does not proceed until such time as the applicant/owner has submitted a Lot Grading Plan to the Director of Public Works . Once a Lot Grading Plan has been approved by the Director of Public Works, the Public Works Department would have no objection to the proposal subject to the provision of several regulatory conditions . 5 .4 The Community Services Department has reviewed the proposal and has no objection to the application subject to the 5% parkland dedication being accepted as cash-in-lieu with the funds realized being credited to the Parks Reserve Account. 5 .5 The balance of the circulated agencies which provided comments were the Town of Newcastle Fire Department and the Ministry of Natural Resources. Neither of these agencies provided objectionable comments . The Regional Works Department and the Central Lake Ontario Conservation Authority have yet to respond to the circulation. 6 . STAFF COMMENTS 6 . 1 As the purpose of this report is to satisfy the requirements of the Planning Act with respect to a Public Meeting, and in consideration of the comments contained within this report and the outstanding agency comments, it would be in order to have the application referred back to Staff for further processing and the preparation of a subsequent report. . . .5 � J REPORT NO. : PD- 83 -90 PAGE 5 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence 9 Kotseff DIrector of Planning Chief A i istrative and Development Officer WM*FW*cc *Attach 21 February 1990 Interested parties to be notified of Council and Committee's decision: W. Kay Lycett, Q.C. , Lycett and Cureatz 19 Ontario Street BOWMANVILLE, Ontario L1C 2S2 Deborah Wood 4275 Tooley's Road BOWMANVILLE, Ontario UE 1Z4 D`3j SUBJECT SITE 35 34 33 32 31 30 29 28 CONCESSION ROAD 6 _ � I I EP � � � IA 1 1 a � i i o Z o t Q w 0 o T-6 ° Z = i Z A-3 Z W Z 1 I ai U J ! 1 z �A1 ; w ; 3 Z Q EP I 1 I � O �,A-3 A V CONC.j RD. 5 w R� z i SCHEDULE '6� z w I (MITCHEL�S CORNERS) a Z oEP �- I 0 w IV i I EP �>=P ; W A t = I A } A I Al l z I EP A-8 p E EP 1 A EP ( 0 RC O A Rc EP-5 A)PE6BLESTONE M3 ROAD _ 0 250 XO� 1000M KEY MAP 5,00M co � Dev. 89- 142 536