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HomeMy WebLinkAboutPD-181-90 �r TOWN OF NEWCASTLE r f r; YLOR. REPORT File #(,•, t Res. # % — - �� 4 By-Law # MEETING: General Purpose and Administration Committee DATE: May 22, 19 9 0 REPORT #: PD-181-90 FILE #: DEV 89-49 (X-REF. 89-004/D) SUB.ECT: REZONING APPLICATION PART LOT 21, CONCESSION 10, CLARKE TAYLOR SAND AND GRAVEL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-181-89 be received; 2 . THAT the Official Plan Amendment application submitted by Blair Culham on behalf of Lloyd Taylor to amend the Durham Region Official Plan to permit an aggregate extraction operation be recommended for approval to the Region of Durham. 3 . THAT rezoning application DEV 89-49 submitted by Blair Culham on behalf of Lloyd Taylor to permit an aggregate extraction operation be APPROVED. 4 . THAT the amending by-law be passed at such time the applicant has entered into a site plan agreement with the Town and the Official Plan Amendment has been given Ministerial Approval . 5 . THAT the Region of Durham Planning Department and those persons listed in this report and any delegation be advised of Council's decision. 1. APPLICATION 1. 1 Applicant: Blair Culham of Horton, Wallace and Davies 1.2 Owner: Lloyd Taylor f? J6 REPORT NO. : PD-181-90 PAGE 2 1.3 O.P.A. : From "Major Open Space/Oak Ridges Moraine" To "Mineral Aggregate Extraction Area" 1.4 Rezoning: From "Agricultural Exception (A-24) " to "Extractive Industrial (M3) " 1.5 Area: 20. 96 ha (51.79 acres) 2. LOCATION 2 . 1 The subject property is located in Part Lot 21, Concession 10 former Township of Clarke. The site is situated south of Boundary Road between Highway 35 and Highway 115 . 3. BACKGROUND 3 . 1 On February 2, 1989 , the Town of Newcastle Planning and Development Department received confirmation from Durham Region Planning Department that an application was received to amend the Durham Region Official Plan. The application was submitted by Lloyd Taylor of Taylor Sand and Gravel. The proposed Official Plan Amendment would amend the Durham Region Official Plan designation of a 20 . 96 ha (51.79 acre) parcel of land in Part Lot 21, Concession 10, former Township of Clarke from "Major Open Space/Oak Ridges Moraine" to an appropriate designation to permit a gravel pit operation. 3 .2 On April 24, 1989, the Town of Newcastle Planning and Development Department Staff received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Lloyd Taylor. The proposed zoning by- law amendment would change the zone category of the above stated property from "Agricultural Exception (A-24) " to an appropriate zone to permit the development of a gravel pit operation. JJ � REPORT NO. : PD-181-90 PAGE 3 3 . 3 On September 5, 1989, a Public Meeting was held which addressed this application. A number of people spoke in opposition to this application during the Public Meeting. Residents concerns included increased traffic and noise in addition to a depreciation of land value. 4. SURROUNDING AND EXISTING USES 4 . 1 Existing Use: Part forested, part cropped 4 .2 Surrounding Uses: East - seasonal residential West - forest South - single family residences and Highway #115 North - Existing Aggregate Extraction Operations 5. OFFICIAL PLAN CONFORMITY 5. 1 The site is designated "Major Open Space/Oak Ridges Moraine" in the Durham Region Official Plan. The predominant use of lands so designated shall be for agriculture and farm-related uses . However, on Schedule 'E' of the Durham Region Official Plan, this property is located within an area of "High Potential Mineral Aggregate Resources" . Although this is not a designation, it is an indication of potential resources, and "such indication shall not bind the Region to pass the necessary amendments to allow mineral aggregate extraction" (Section 4 .2 .9) . It should also be noted that Council having jurisdiction, may allow non-aggregate development provided that this development does not preclude aggregate extraction (Section 4 . 2 .9) . REPORT NO. : PD-181-90 PAGE 4 6. ZONING 6 . 1 According to the Town of Newcastle Comprehensive Zoning By- law 84-63, as amended, the subject property is zoned "Agricultural Exception (A-24) " . This zone permits the creation of a property with a minimum lot area of 28 ha. 7. PUBLIC NOTICE AND SUBMISSIONS 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. 7 .2 A written submission has been received in which the author expressed concerns regarding increased traffic, noise and dust. Concern was also expressed regarding the potential impact that this development would have on their water supply. 7 . 3 In addition, an adjacent resident phoned Planning Staff to express his concerns about the number of gravel pit operations in the area. 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: Newcastle Community Services Department Newcastle Fire Department Durham Region Planning Department Regional Works Department t� 9 REPORT NO. : PD-181-90 PAGE 5 Durham Economic Development Department Ganaraska Region Conservation Authority Ministry of Agriculture and Food Ministry of Transportation Ministry of Natural Resources County of Victoria 8 .2 Two agencies previously expressed concerns which have been resolved. The applicant has changed the location of the entrance hence satisfying the Town of Newcastle Public Works Department. The Ministry of Environment have been satisfied that excavation will not proceed below the water table. 9. STAFF COMMENTS 9 . 1 The topography of the western and southern portion of the property is flat and has been used for farm purposes. However, the remainder of the property, approximately 6 ha, is sloping and heavily treed. It should be reiterated that the Ministry of Agriculture and Food offered no objections to this application. 9 .2 Staff note that the applicant has applied to remove 300,000 tonnes of aggregate yearly. Upon comparison of this application with existing aggregate operations in the Town of Newcastle, it appears that the Taylor Sand and Gravel site would be of a "medium" size. In addition, information stating the amount of aggregate Mr. Taylor extracted from his existing pit between 1982 to 1989 has been made available. According to these records, Mr. Taylor extracted an average of 4241 tonnes a year, with the minimum extracted in one year being 1830 . 56 tonnes and the maximum being 10, 156 tonnes . Hence it is Staff's opinion that this application is of a size which �:� 6 0 REPORT NO. : PD-181-90 PAGE 6 would not strain the transportation system or adversely impact the surrounding physical environment. 9 . 3 In a previous Staff report (September 5, 1989) it was noted that the proposed rehabilitation plan was not acceptable. Since this time, the site plan has been revised incorporating revisions requested by Staff, as well as those changes required in Bill 170 "An Act to Revise Several Acts Related to Aggregate Resources" . The revised Rehabilitation Plan shows that the licensed lands will be landscaped in such a way that it reflects what is presently in existence. In otherwords, the treed portion of the property will be reforested with the same or similar species . Staff notes that the Progressive Rehabilitation Plan, final Rehabilitation, and landscaping details such as "berming" will be finalized prior to registration of the Site Plan Agreement. Inasmuch as Staff can avert any possible negative visual impacts through the Site Plan Agreement, it should be noted that the Ministry of Natural Resources has not informed the Town of any objections or concerns that they may have regarding the Progressive Rehabilitation Plans or Final Rehabilitation Plans 9 .4 Staff have reviewed the impact this proposal on the adjacent residents . Upon investigation it was revealed that all the permanent residences in the surrounding area have their houses oriented towards Concession Road 10. Only one house, being a seasonal residence, is located on Boundary Road. Since all the traffic generated by this aggregate operation will be using Boundary Road, those properties fronting on Concession Road 10 will not be subject to this traffic . In addition, it has been determined that the closest permanent residence belongs to the applicant, and is approximately 125 metres (410 feet) from the boundary of the licensed area. REPORT NO. : PD-181-90 PAGE 7 There are an additional six permanent residences within the Town of Newcastle located approximately 152 metres (500 feet) to 487 metres ( 1600 feet) from the licensed area. There is a seasonal residence is located approximately 182 metres (600 feet) from the licensed area. However it is noted that across the road from this residence is two active extraction areas. The Ministry of Natural Resources is satisfied that all mineral extraction will occur above the water table, hence limiting the potential problems that this application could have on the water table and existing wells . 9 .5 On February 26 , 1990, Council passed a Resolution (GPA 172- 90) adopting a staff report PD-62-90 which addressed the recommendations of the Ontario Environmental Assessment Advisory Committee's Report No. 38 dealing with the Ganaraska Headwaters . Advisory Committee Recommendation 3 stated that a temporary moratorium should be imposed on Official Plan Amendments which would permit more intensive land uses within the Ganaraska Headwaters . It was the Town's position that such a moratorium should not apply to existing applications. This application is one of the Official Plan Amendments considered in the above mentioned reports PD-62-90 . 9 .6 An amending by-law will not be forwarded until such time as the Official Plan Amendment has Ministerial approval, and the Site Plan Agreement has been prepared. +) 62 REPORT NO. : PD-181-90 PAGE 8 10. CONCLUSION 10 . 1 In regard to the above mentioned comments staff respectfully recommend that this Official Plan Amendment and Rezoning Application be approved, and that the Region of Durham be notified of Council's decision. Respectfully submitted, Recommended for presentation to the Committee Frankli Wu, M.C. I .P. Lawrence E. Kotse f Directo of Planning Chief Administrative and Development Officer HM*LT*FW*df *Attach 15 May 1990 Interested parties to be notified of Council and Committee's decision: Lloyd Taylor Mill Street, Orono, Ontario. LOB 1M0 Blair Culham 68 King Street East, Bowmanville, Ontario. L1C 3X2 Bruce and Marjory Garrett 3845 Concession Road 10, R.R.#2 Orono, Ontario. LOB 1M0 Phillip Sciuk 259 Simcoe Street South, Oshawa, Ontario. L1H 4H3 REPORT NO. : PD-181-90 PAGE 9 Richard Sciuk 3929 Boundary Road Pontypool, Ontario. LOA 1K0 Tim McKeen R.R.#2 Orono, Ontario. LOB 1M0 Catherine Guselle 45 Connaught Street, Oshawa, Ontario. L1G 2H1 Catherine Braid 135 Roxborough Avenue Toronto, Ontario. M4W 1X5 Allan Schwartz 15 Whitney Avenue, Toronto, Ontario. M4W 2A7 Dennis and Nancy Hartwig R.R.R.#2 Orono, Ontario. LOB 1M0 5 6 ® SUBJECT SITE LOT 27 26 25 24 23 22 21 20 19 18 17 REGIONAL ROAD 20__ IL BOUNDARY RD. i i i t O I , X13; ; A ;�� A- A ;' M3 z t t A �, CONCESSION :,,RD. 10 A ' gyp' i i I i t I I I 0 I W I LCOX I ROAD t A t t i t I !n O i 00 Z O A �I t I I I cn V - I C4 i I A t I Z IA1 ; , I UO t I t I C4'7. t IL I CONCESSION RD. 8 i ► � E � i a Al ; A • ; I t t 0 250 500 1000.0% KEY MAP W' Dev. 89-49 O.P.A. 89�4/D 56 SUBJECT SITE •M FORESTED AREA T� j- ROAD 20 \ 3520 CLARKS TWP O _ \ I \ II No lb 22 350— 'o • A I) 6� 1 36 �Si ql.o U I I lON.. 630 /� 36,3.5 o 3.31.0 9. 3q WILCOX R1 Dev. 89-49 , O.P.A. 89-4/D 566 TOWN OF NEWCASTLE _ MEMORANDUM TO: Mayor and Members of Council FROM: Franklin Wu, M.C.I.P. , Director of Planning & Development DATE: May 18, 1990 SUBJECT: G.P.A. Committee Meeting - May 22, 1990 Dev 89-49; OPA 89-4/D; PD 181-90 The enclosed is a copy of letters received from Mr. Alan Schwartz and Katharine F. Braid. Since Mr. Schwartz and Katharine Braid are unable to attend the May 22, 1990 meeting, letters of opposition were forwarded. Both Mr. Schwartz and Katharine Braid spoke in opposition to this application at the Public Meeting held on September 5, 1989. Franklin Wu, M.C. I.P. Director of Planning & Development FW*df Attach. Alan M. Schwartz, Q.C, !� 'qAY ] 7 1990 Toronto Dominion Bank Tower P.O.Box 20 TOW.4 Of Wt'*A aTLE Toronto-Dominion Centre P,.ANfO a_' D f-_I Nkh1ENT Toronto,Canada,M5K 1N6 Delivered b,y Courier 15 Whitney Avenue, Toronto, Ontario M4W 2A7 May 17, 1990 Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario L1C 3A6 Attention: Heather Moulton, Planner, Development Review Branch Dear Sirs: Re: Rezoning Application - Taylor Sand & Gravel Part Lot 21, concession 10, Former Township of Clark Dev. 89-49 X-Ref 89-4/0, Your File No: 60.35.530 Thank you for sending me a copy of the notice of the meeting on Tuesday, May 22, 1990 regarding the Taylor Sand & Gravel rezoning application. Unfortunately, I will not be able to attend the meeting as I will be out of the country. However, as I indicated at the last meeting in the Council Chambers, I am strongly opposed to the application. My reasons are threefold. (1) I do not think that gravel pits should be interspersed with farms and houses. Gravel pits should be confined to areas where there are other gravel pits such as that west of Highway 35 along the Mosport Road. This area has become a gravel pit area. (2) The location of the subject property borders the north end of the Ganaraska Conservation area and the development of the property as a gravel pit could affect the watershed. The whole area of the Ganaraska watershed is under review by the Environmental Assessment Advisory Committee at the request of the Minister of the Environment. - 2 - (3) The property is affecting the interests of the adjacent neighbours and will diminish the value of their property. These persons bought houses on the expectation that this area was not zoned for gravel pits and it is unfair to them to decrease the value of their property. Also, these people have young children and a gravel pit presents safety hazards for these children, It has been suggested that the subject property was just recently purchased by the applicant, even though the property may have been in the family a long time ago. If this is the case, it would follow that the applicant has purchased the property merely to have it rezoned, as a gravel pit and therefore the purchaser cannot rely on long standing ownership as a basis for supporting its application. For these reasons I submit that the application be rejected. Yours very truly, Alan M. Schwartz AMS:ph KATHARINE F. BRAID 135 Roxborough Drive Toronto, Ontario M4W IX5 May 22nd, 1990 By Teleco ier General purpose and Administration Committee, Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 Attention: Ms. Heather Moultont Planner, Development Review Branch Dear Ms. Moulton.. Re: Rezoning Application - Taylor Sand & gavel Part Lot 21, Concession 109 Clarke Dev. 89-40, X-Ref 89-410 Thank you for sending me a copy of the notice of today's meeting. Unfortunately, I have prior commitment and am unable to be present at the consideration of the above noted application this evening. However, I wish to renew the submission against the application that I presented at the original hearing. i My objection to the above noted application is on the follow- ing grounds; 1. The rezoning of this property to allow it to be used as a gravel pit will have a serious detrimental effect on the neighbouring homes and farms in terms of noise, dust and traffic. The mixed use of the immediate area will have a negative effect on the market value of those homes. 2. There are already existing gravel pits and extensive land holding by companies owned or controlled by suppliers of aggregate and cement on Mosport Road, west of Highway 35. This use should be contained west of Highway 35 in one area. 3. The- number and size of gravel trucks using the 35/115 for access from the gravel pits on Mosport Road to the 401 is already alarming. There is no necessity to expand this Industry to the east of Highway 35. /...... 2 - 2 4. Once this property is rezoned to permit use as a gravel pit, it can be sold to one of the national cement and aggregate companies already operating in this area, There will then be further application for similar rezoning of adjacent properties which will be difficult to oppose if this property is already zoned to permit that use. A. decision on this application will impact on the planning for this area in a way that has not been generally approved. I would be grateful if my submission could be brought to the attention of the committee dealing with the application. Yours very truly, :�'�Z4—v�' i ' Katharine F. Braid Owner- Lot 20, Con. 91 Clarke O.C. Alan M. Schwartz Dennis Hartwig Tim McKeen Doug Caverly