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Home My WebLink AboutPD-115-90 TOWN OF NEWCASTLE INGSBER.GPA y � REPORT File # Res. # By-Law # PUBLIC MEETING MEETING: General Purpose and Administration Committee DATE: April 2, 1990 PE-%T #: PD 115-90 FILE #: DEV 90-011 x REF 18T-88057 ACT' PUBLIC MEETING REZONING APPLICATION, KINGSBERRY PROPERTIES - PART LOT 30, CONCESSION 3, DARLINGTON RECOMMENDATIONS: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-115-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Kingsberry Properties 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. APPLICATION DETAILS 1. 1 Applicant: Kingsberry Properties 1.2 Owners: Kingsberry Properties 1.3 Subdivision: Single family 50 lots 1.4 Rezoning: From - "Agricultural (A) " and "Environmental Protection (EP) " J ._� REPORT NO. : PD-11c; -90 PAGE 2 To - Appropriate zone to implement the proposed Plan of Subdivision. 1.5 Area: 6 .8 ha ( 16 .8 acres) 2. LOCATION 2 . 1 The property in question is located in Part Lot 30, Concession 3, former Township of Darlington, approximately 427 metres north of George Reynolds Drive, on the east side of Trull's Road. 3. BACKGROUND 3. 1 On January 26, 1990, the Town of Newcastle Planning Department received an application to amend By-law 84-63, as amended, from "Agricultural (A) " and "Environmental Protection (EP) " to permit a 50 unit residential subdivision. 3 .2 The Town of Newcastle received notification from the Region on August 9, 1988, that a draft plan of subdivision had been submitted by Kingsberry Properties for 88 single family dwellings . This has since been revised to 50 single family units . 4. EXISTING SURROUNDING USES 4 . 1 Existing Uses: The subject land is vacant of any structures . The applicant has recently had the majority of its vegetation removed. 5 r 2. -i REPORT NO. : PD- 115-90 PAGE 3 4 .2 Surrounding Land Uses: North - treed with no existing structures East - treed with no existing structures South - three single family dwellings, Town of Newcastle Fire Hall and a proposed plan of subdivision (18T-89035) West - existing single family dwellings, and proposed plans of subdivision 18T-89022, 18T-90004, 18T-90006 5. OFFICIAL PLAN POLICIES 5 . 1 The Durham Regional Official Plan designates the subject land as 'Residential' with indications of Environmental Sensitivity and Hazard Lands . The Official Plan (Section 1.2 .2) states that the extent and the exact location of such environmentally sensitive areas shall be determined at the time of development applications . Development within these areas may be permitted to the extent that the type or magnitude of development is compatible with environmental conditions or that measures have been undertaken to mitigate any resulting negative environmental impact. The Plan (Section 1. 3 . 9) also states that, prior to approving a development application within an environmentally sensitive area, an environmental analysis shall be conducted for the subject area or a wider area if deemed necessary by the local Council. This environmental analysis is intended to address a number of matters, including the type and degree of environmental sensitivity, the compatibility of the proposed development, the need for and the definition of mitigating measures, and the location and extent of sensitive areas which D - 0 REPORT NO. : PD415 -90 PAGE 4 should be preserved. This environmental study is to be conducted by the area municipality in co-operation with the Region and the Conservation Authority, in consultation with the proponent. Section 1.2 .4 of the Durham Regional Official Plan notes that the location of "Hazard Lands" shall be determined by the zoning by-law. It is the intent of the Official Plan that "Hazard Lands" be primarily used for the "preservation and conservation of the natural land and/or the environment" . 5. 2 The Town of Newcastle Official Plan designates the subject lands as "Residential" with indications of "Hazard Land" . The area designated "Hazard Lands" has been interpreted as the lands shown as "Block 52-Linear Park" and "Block 51-Possible Future Development" and additional lands "Retained by Owner" on the proposed draft Plan of Subdivision. 5 . 3 The Courtice North Neighbourhood Plan Schedule 1131311 , identifies the lands as being within "Residential-Medium Density" and "Minor Open Space" designations . Those lands depicted as "Minor Open Space" have been interpreted as those lands which would be set aside. 6. ZONING 6 . 1 According to the Town of Newcastle Comprehensive Zoning By- law 84-63, as amended, the property is zoned "Agricultural (A) " and "Environmental Protection (EP) " . Hence the property must be rezoned in order to permit residential development. Staff note that if any of the proposed residential lots REPORT NO. : PD- 115-90 PAGE 5 encroach upon the existing "EP" zone, the applicant must provide the necessary documentation to have the "EP" zone changed to a residential zone. 7. PUBLIC NOTICE AND SUBMISSION 7 . 1 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. As of the writing of this report, no written submissions have been received. 8. AGENCY COMMENTS 8. 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following departments/agencies in providing comments, offered no objection to the application as filed: - Peterborough/Victoria/Northumberland/Newcastle Roman Catholic Separate School Board - Ministry of Agriculture and Food - Ministry of Environment 8 .2 Some agencies had no objection to the proposal provided that their concerns are adequately dealt with. The Town of Newcastle Fire Department noted that continued development within this area will place a strain on the level of service the department can provide. REPORT NO. : PD- 11r,-90 PAGE 6 The Town of Newcastle Community Services Department has requested that "Block 52 " and the lands "Retained by the Owner" be accepted gratuitously, that a 3 metre paved and fenced pedestrian walkway be provided from the proposed street to "Block 52 " between Lots 15 and 16, and that a 5% dedication requirement be accepted as cash-in-lieu. The Ministry of Natural Resources has no objection to this plan provided that "Block 5211 -remains within an "EP" zone. 8 . 3 At the time of writing this report, the following agencies comments remain outstanding: - Town of Newcastle Public Works Department - Central Lake Ontario Conservation Authority - Northumberland/Newcastle Public School Board - Regional Planning Department - Regional Works Department - Regional Health Department - Bell Canada - Ontario Hydro 9. COMMENTS 9 . 1 In accordance with the provisions of the Durham and Town of Newcastle Official Plan, in 1981 the Town engaged Gartner Lee and Associates to prepare an Environmental Impact Analysis for the Courtice Urban Area. Most of the subject lands were considered highly environmentally sensitive due to the forested headwater areas of numerous feeder streams and areas possessing usual biological attributes. A shallow water table and numerous wetlands were noted. The "open space" designation was recommended to recognize a component part of REPORT NO. : PD- 11rr 90 PAGE 7 a significant forest complex and to provide a buffer to the more sensitive areas to the north and east. 9 .2 The subject lands are within Neighbourhood "3B" as noted previously and therefore subject to a Council resolution dating back to November 1989 . Said resolution authorized Staff to further investigate the need for the easterly extension of Adelaide Avenue from Townline Road to Hancock Road, and further that no decisions be made on all existing and future subdivision and rezoning applications in Courtice Neighbourhoods 3A, 3B and 3C north of Nash Road pending the results of the Needs Study for the Adelaide Avenue extension and any subsequent Route Alignment Study. 9 .3 In past review of the subdivision application, the Region has determined that the rear lot lines of Lots 41-50 and the side yard of Lot 40 represents the northern limit of the Courtice Urban Boundary and that the area shown as "Possible Future Development" is outside of the Urban limits . 10. CONCLUSION 10 . 1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate areas of concern regarding the subject application. A recommendation report will be forwarded to Committee/Council at such time all outstanding comments are received and concerns addressed. REPORT NO. : PD- 119-90 PAGE 8 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence .' Kotseff Director of Planning Chief AdMilistrative and Development Officer HM*FW*df *Attach 26 March 1990 Interested parties to be notified of Council and Committee's decision: Kingsberry Properties 319 College Avenue P.O. Box 11 Oshawa, Ontario. L1H 7K8 Alan Godel 227 Bridgeland Avenue Toronto, Ontario. M6A 1Y7 Walter and Mimi Kranzl 289 Huntingwood Drive Oshawa, Ontario. L1J 7C6 J . SUBJECT SITE OTHER LANDS OWNED BY APPLICANT III .6 i A-8 1 a0 1 � I - 1 � ( A EP o ~ � � w �Q (H)RI ' EP A-8 cr- A0 0 R2 R1 (H)R4 E A R2- - (H)R4 EP Ep R2-2 A R2 RD i vo oP R2-2 I 1' a i (H)R3 R1 ' EP _ EP (H)R4 I (H)R2-3 R2 P EP R2-2 i R1 1 R2 R2 R1 If NASH ROAD - o so o Zoo soon rte_ KEY MAP to 18T-88057 1 . 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