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HomeMy WebLinkAboutPD-165-90 I TOWN OF NEWCASTLE REPORT File # 60 WOOD.GPA Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, June 4, 1990 REPMT #: PD-165-90 FILE #: DEV 89-142 (OPA 89-141/D) 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-165-90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends APPROVAL of the Official Plan Amendment application only insofar as to permit the creation of one ( 1) additional estate residential lot to the south of the existing dwelling. 3 . THAT Zoning Amendment Application DEV 89-142 for the northerly proposed lot be DENIED. 4 . That the Region of Durham and the interested parties listed in this report be advised of Council's decision. 5 . THAT the Region of Durham Planning Department be forwarded a copy of Report PD-165-90 . 1. APPLICATION DETAILS 1. 1 Applicant: Deborah Wood 1.2 Official Plan Amendment: To permit the development of two additional estate residential lots. . . . .2 A REPORT NO. : PD-165-90 PAGE 2 1. 3 Rezoning: From in part "Residential Estate (RE) " and in part "Environmental Protection (EP) " to an appropriate zone to permit the above noted development. 1.4 Area: 1.491 hectares (3. 68 acres) 2 . BACKGROUND 2 . 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 84-63 in order to permit the development of two additional estate residential lots . 2 .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 permit the aforementioned development. 2 .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 Road approximately 560 metres ( 1837 feet) north of Pebblestone Road, but is more formally described as Lot 1 in Registered Plan 10M 808 . 3 . PUBLIC NOTICE 3. 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. 3 .2 As a result of the public notification process, the Planning and Development Department has received several written submissions with respect to the subject application. One written submission expressed support for the application as the area resident viewed the application as a positive change. However, the majority of the ) �� . . . . 3 REPORT NO. : PD-165-90 PAGE 3 written submissions expressed concern over the application due to the environmentally sensitive nature of the subject property. 3 . 3 In addition, the Planning and Development Department received a petition in opposition to the subject application signed by 13 area residents which states that their agreements of purchase and sale included Restrictive Covenants prohibiting amendments to the Registered plan. The Planning and Development Department has been advised verbally, by the solicitor for Townline Estates, that the agreements of purchase of sale did not contain such Restrictive Covenants . However, notwithstanding the alleged existence of a Restrictive Covenant, the municipality is under no obligation to honour a Restrictive Covenant, between a private property owner and developer since the Subdivision Agreement does not reference a Restrictive Covenant prohibiting amendments to the Registered Plan. 4 . OFFICIAL PLAN CONFORMITY 4 . 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. 4 .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. 5 . ZONING BY-LAW CONFORMITY 5 . 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. 4 _� ' 6 REPORT NO. : PD-165-90 PAGE 4 6 . AGENCY COMMENTS 6 . 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. 6 .2 The Town of Newcastle Public Works Department has reviewed the subject application and has no objection to the proposal. However the Public Works Department recommends that the application not proceed until a lot grading plan has been approved by the Director of Public Works . 6 . 3 The Community Services Department has reviewed the proposal and has no objection to the application subject to the 5% parkland dedication requirements being accepted as cash-in-lieu with the funds realized being credited to the Parks Reserve Account. 6 .4 The Central Lake Ontario Conservation Authority has reviewed the subject application and note that the subject property is located within the watershed of Harmony Creek. The existing house was erroneously erected partially within the floodplain. However, since the house is now existing, the Central Lake Ontario Conservation Authority is willing to accept it in its current location. Furthermore, the Conservation Authority notes that sufficient lot area exists to the south of the existing house to facilitate the creation of one additional lot. However, since that portion of the lot to the north of the existing house is still within the flood plain and the "Environmental Protection (EP) " zone, the Conservation Authority can only support the application insofar as to permit the creation of one additional lot to the south of the existing house. 6 .5 The Regional Health Department has reviewed the proposal and notes that the proposed northerly lot is low and wet. The Health Department, therefore, cannot recommend approval of the northerly i} . . . .5 REPORT NO. : PD-165-90 PAGE 5 lot. However, the Health Department notes that the proposed southerly lot could be approved subject to a suitable servicing site plan. 6 . 6 The balance of the circulated agencies which have provided comments are the Town of Newcastle Fire Department, Trans-Northern Pipelines Inc . , the Ministry of the environment, the Ministry of Natural Resources, the Ministry of Agriculture and Food , Ontario Hydro, the Regional Planning Department, the Regional Works Department and the Separate School Board. None of the aforementioned agencies have provided objectionable comments with respect to the subject application. The Public School Board has yet to respond to the Regional circulation of the subject application. 7 . STAFF COMMENTS 7 . 1 The Town of Newcastle Planning and Development Department has reviewed the subject application in relation to the Durham Regional Official Plan, The Town of Newcastle Comprehensive Zoning By-law 84-63 and the comments received from various agencies and departments . 7 .2 Section 10 . 3 .2 . 1( f) of the Durham Regional Official Plan permits amendments to the Regional Plan for Residential Estate development provided that the proposal "does not create undue adverse effects on lands identified by Regional Council, the Ministry of Natural Resources or the Ministry of the Environment as environmentally sensitive areas" . 7 . 3 With respect to the proposed northerly lot, the Durham Regional Official Plan has indicated that the subject property has an environmentally sensitive nature in this area. Therefore, approval of the proposed northerly lot would appear to be in conflict with Section 10 . 3 .2 . 1(f) of the Durham Regional Official Plan. In addition, comments received from the Central Lake Ontario Conservation Authority and the Regional Health Department, as ��� . . . .6 REPORT NO. : PD-165-90 PAGE 6 addressed previously in this report, would appear to corroborate this premise. Therefore, the Town of Newcastle Planning and Development Department cannot support the creation of the proposed northerly lot. 7 .4 With respect to the proposed southerly lot, the Central Lake Ontario Conservation Authority has indicated that this proposed lot is located outside of the floodplain and to the south of the existing house. Furthermore, the frontage and lot area of the proposed southerly lot satisfies the requirements of Zoning By- law 84-63 and is compatible with the existing lots within Registered Plan 10M 808 . Therefore, the Town of Newcastle Planning and Development Department would have no objection to the approval of the proposed southerly lot as an infilling situation. 8 . CONCLUSION 8 . 1 In view of the comments contained within this report the Town of Newcastle Planning and Development Department cannot support the application in its entirety. However, the Planning and Development Department would have no objection to the approval of the Official Plan Amendment application only insofar as to permit the creation of one estate residential lot to the south of the existing dwelling as an infilling situation. 8.2 Staff note for the Committee's information that Section 26 .3 (f) of By-law 84-63 states that the delineation of the Environmental Protection zone boundary will follow the floodplain mapping as prepared by the Central Lake Ontario Conservation Authority. Since the applicant has added fill to the property, the Authority has advised that the flood plain, and therefore the Environmental Protection (EP) zone has been amended. Therefore, in order to permit the proposed southerly lot, an amendment to the By-law is not required as the zone category on the proposed southerly lot is currently Residential Estate (RE) . As Staff are not prepared to support the proposed northerly lot, currently zoned Environmental Protection (EP) , Staff recommend that the application to amend the Town of Newcastle Comprehensive Zoning By-law be DENIED. . . . .7 REPORT NO. : PD-165-90 PAGE 7 8 . 3 Staff note for the Committee's information that regulatory conditions such as Lot Grading Plans, Lot Levies, cash-in-lieu of parkland dedication and road contribution costs will be imposed through the consent process. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. wrens �. Kotseff Director of Planning Chief A 'nistrative and Development Office WM*FW*cc *Attach 22 May 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 Road BOWMANVILLE, Ontario LlE 1Z4 x; 30 SUBJECT SITE 35 34 33 32 31 30 29 28 CONCESSION ROAD 6 1 EP , a p lo I o Z o o C21 z o 0 o c�a A-3 w z I=- i a I z i i N V cr , w Z I t Q Z Al 0 Q EP A-3 A V a: CONC.I RD. 5 w RC d• z I SCHEDULE '6' z w! (MITCHELLS CORNERS) Q Z 0 EP O �- n I Ld t — Cl IV E w t EP W D I A C 1 q E i A I At OV Z k I Ep A-8 EP 0 RC O A I A EP I V A PEBBLE ROAD 4 254 S00/ 1000M KEY MAP so()q" oo Dev. 89- 142 531 IOM-808 BUILDING . LOCATION SURVEY DARLINGTON OF.LOT I, REGISTERED PLAN IOM—808 .:TOWNSHIP OF DARLINGTON, now in the TOWN OF NEWCASTLE REGIONAL MUNICIPAL;TY OF DURHAM m SCALE— I r 1000. M C.F. FLEISCHMANN, O.LS., 1989. 30 �^ 4 .p_ �_. NF A PART 1, PL4/I( "--I? N \PARCe4 3.-,SECi:.•NCDN.0 NEWCASTLE tVARL/N,,^TCN• METRIC M DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND N72°00 O E 91.440 ~830 b fI M ffN f (s`"O CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. 906yW ffNtf. NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE F' N17°59'30"W OF THE EAST LIMIT OF THE ROAD ALLOWANCE ID `\ IOM-808,TOWN OF NEWCASTLE,REG BETWEEN LOTS 32 B 33 AS SHOWN ON REGISTERED PLAN —I « _ Q OF DORHAkt IONAL MUNICIPALITY + + O p - I-"A : m e PART c LEGEND •--i•- bENOTES SURVEY MONUMENT FOUND sUR_2.T 7J C.^.NDmaff, RESTR.'�r DNS COV67.'ANTg z AS SFT .^.(/T•:N . NF u4sg —0•- DENOTES SURVEY MONUMENT SET 1 CV ry SIB DENOTES STANDARDIRON BAR LLI 18 DENOTES IRON BAR LV i 3 W4 WIT DENOTES WITNESS CC DENOTES CUT CROSS LU ° u ED Q SURVEYOR'S CERTIFICATE liJ 1 CERTIFY THAT (-) 1 o THE FIELD SURVEY REPRESENTED ON THIS PLAN WAS z } ° ^ 8 \ ' COMPLETED ON THE 171h DAY OF JULY,1989. Q 4 .AT,SEPTEMBER !999 �,C L _j ' — - N72°0000E 105.984 C.F�fLE15CHMAN t Z:Hy,o••wo sunvtw Q /v/_ W The work and drowinpa herein.ere comWered for Ihs e.cluai.e vse of PAN,^.�t < our eli-I and no rssPOnaihility is ossnmed to ony third Ponies 't"'�'° �'4- ZFJ_ r\ �� or subsequent DONEVAN Q FLEISCHMANN CO. LTD. ONTARIO LAND SURVEYORS --—' — 11 ONTARIO STREET PICKERING CORP. CENTRE L 0 I OSHAWA LIG 4Y6 PICKERING LIV3P2 T25-4795, 683-3701 839-8693 P.•wx•C.W.C. cw.o.�J.D.J, sc•lE 1.1000 JOB 1p 89287 COPYRIGHT O DUN EVAN B FLEISCHMANN CO.LTD.