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Home My WebLink AboutPD-293-90 , TOWN OF NEWCASTLE REPORT File # /t N: SPECTRA.GPA Res. # By-Law # METING: General Purpose and Administration Committee DATE: Monday, October 1, 1990 REPORT #: PD-293-90 FILE #: DEV 89-125 (X-REF. 18T-88022) SJUCT: REZONING APPLICATION - SPECTRACONN CONSULTING SERVICES PART LOT 31/32, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON (COURTICE) FILE: DEV 89-125 (X-REF: 18T-88022) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-293-90 be received; 2 . THAT Rezoning Application DEV 89-125 submitted by Spectraconn Consulting Services on behalf of 708545 Ontario Limited to permit residential development be APPROVED; 3 . THAT the amending by-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 5. THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; 6 . THAT the "H" - Holding Symbol in the amending by-law will not be removed until such time the applicant has entered into a subdivision agreement with the Town. 7 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Spectraconn Consulting Services 1.2 Owner: 708545 Ontario Limited . . . .2 REPORT NO. : PD-293-90 PAGE 2 1. 3 Rezoning: From "Environmental Protection (EP) " to "Holding - Urban Residential Type One ( (H)R1) " , thus insuring that the width of the "EP" zone is consistent with the width of the proposed overland channel. 1.4 Area: 13.06 ha (32 .27 acres) 2 . LOCATION 2 . 1 The subject site is located in Part Lot 31/32, Concession 2, former Township of Darlington, east of Prestonvale Road, west of Trulls Road and south of Beechnut Court and Yorkville Drive in the Courtice major Urban Area. 3 . BACKGROUND 3 . 1 On November 6, 1989, the Town of Newcastle received an application submitted by Spectraconn Consulting Services on behalf of 708545 Ontario Limited to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 as amended. This application was made in order to satisfy a condition of approval for the related subdivision application ( 18T-88022) . This subdivision application was approved by the Town of Newcastle on November 13, 1989 . 3 .2 On January 22, 1990 a Public Meeting with respect to this application was held. During this meeting, one person spoke in opposition to this application stating that approval of this application would result in increased traffic, increased capacity at area schools and create excessive noise levels . In addition, this resident expressed his concerns regarding the access points for this particular development. 4 . EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Pasture Land 4 .2 Surrounding Uses: East - Vacant West - Existing farm related uses South - Vacant/pasture land North - Existing Residential . . . . 3 �� Jc' REPORT NO. : PD-293-90 PAGE 3 5 . OFFICIAL PLAN POLICIES 5 . 1 The Durham Region Official Plan designates the subject property as "Residential" . The predominant use of lands so designated shall be for residential purposes . 6 . ZONING 6 . 1 Schedule 114" of the Town of Newcastle Comprehensive Zoning By-law 84-63 reveals that the subject property is zoned "Holding - Urban Residential Type One ( (H)R1) " and "Environmental Protection (EP) " . 6 .2 Staff notes that the proposed lots abutting the storm water channel are presently zoned "Environmental Protection (EP) " . Hence this area requires rezoning in order to permit residential uses . 7 . PUBLIC MEETING 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 As of the writing of this report, no written submissions have been received. However, there has been numerous telephone conversations concerning this application. Generally, these callers were concerned about when development would begin. However, one caller noted concerns about when Glenabbey Road would be extended to Prestonvale Road and who would be responsible for the construction of this extension. Another caller was worried about what effect the rezoning of the "Environmentally Protected" lands would have on those lands south of the urban area. 8 . AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. t� � . . . .4 REPORT NO. : PD-293-90 PAGE 4 The following department/agencies in providing comments, offered no objection to the application as filed: - Town of Newcastle Fire Department - Durham Region Planning Department - Durham Region Health Department - Peterborough Victoria Northumberland Newcastle Roman Catholic Separate School Board - Ministry of Agriculture and Food 8 .2 The Town of Newcastle Community Services Department and Public Works Department have no objection to this rezoning application. Their conditions of approval were incorporated in the related Town approved Subdivision Application. 8 . 3 The Durham Region Works Department had no objection but noted that lots 41 to 43 on draft plan 18T 88022 are unserviceable at this time. 8 .4 The Central Lake Ontario Conservation Authority supports the application provided that their conditions of draft approval are met. 8 .5 The Ministry of Natural Resources comments were also documented within the related Town approved Subdivision Application. 8 . 6 The Northumberland and Newcastle Board of Education noted that the volume of growth occurring in the area can not be accommodated by the Board's present plans . However, it is noted that the responsibility for providing educational facilities rests with the respective School Board and Ministry of Education. The Board also requested that sidewalks be provided within the Subdivision itself . 9 . STAFF COMMENTS 9 . 1 This rezoning application was submitted in order to satisfy a Town condition of subdivision approval . . . . .5 REPORT NO. : PD-293-90 PAGE 5 9 .2 With the exception of the increased capacity at area schools, those concerns stated by the citizen during the public meeting were not noted as problems by the agencies responsible for these issues . Staff would note that the concerns expressed are elements which are taken into consideration during the draft approval process. In regard to school capacity, this is an issue which must be dealt with by the respective School Board and the Ministry of Education. 9 . 3 Staff notes that the Central Lake Ontario Conservation Authority has no objection to the application as proposed and appears to be satisfied that all residential lots are not located within the limits of any floodplain. 9 .4 Since the Conservation Authority is satisfied and this application is a condition of a Town approved Plan of Subdivision ( 18T-88022) , Town of Newcastle Planning Staff have no objections to the approval of this Zoning By-law Amendment. 10 . CONCLUSION 10 . 1 In regard to the above noted comments it is respectfully recommended that Council approve the attached Zoning By-law Amendment. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I .P. Lawrence E'. Kotseff Director of Planning Chief A 'nistrative and Development Officer HM*FW*cc *Attach 18 September 1990 REPORT NO. : PD-293-90 PAGE 6 Interested parties to be notified of Council and Committee's decision: Penwest Developments Alan McDonald 390 Bay Street 2458 Prestonvale Road Suite 1110 R. R. # 2 TORONTO, Ontario M5A 2Y2 BOWMANVILLE, Ont. L1C 3K3 Attention: Steve Pustil G. M. Sernas & Associates Jetney Homes Ltd. 110 Scotia Court 378 King St. W. , Unit 41 Oshawa, Ontario L1J 2J9 WHITBY, Ont. L1N 8Y7 W. S. Penfound Spectraconn Consulting Services R. R. #2 (Canada) Inc. BOWMANVILLE, Ont L1C 3K3 15 Cambridge Street CAMBRIDGE, Ontario N1R 3R8 Kathy Aldsworth Attention: Jim Collishaw 69 Yorkville Drive BOWMANVILLE, Ont. LlE 2A7 D ) 6 ® SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 33 LOT 32 LOT 31 R l R2 I = > EP Rl I a RI R EP � R2-2 EP R-2 ) Rl Fa-3 (H) RI s- R2 R HR i Z P (H) I (H)Ri v I w U R o , Z A � ) O 4 J A J A J � j f- A 1 A ' ! a REGIONAL I ROAD 22 { BLOOR STREET) O 50 m ?goo 300M KEY MAP Dev. 89- 12 5 This is Schedule ' to 90 --, passed this—. day of—, 1990A.D. I iii:>> :%"°: ..•,•,,, �� iii:::::::::;% ._• ;d� 0�3 ,, ded tfan <,R.; 0� ice, • 1Ci► bulk • • \I/' MZONING CHANGE FROM • =ZONING • =]ZONING TO Mayor Clerk r �• ., .waru:ng :INN 4 � F�/�s �•iq••o:�.nY YJ -: UP t "AAA .• /\ • � momm• DN: EP-HR1.BL THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By- law 84-63, as amended, of the Corporation of the Town of Newcastle to implement application DEV 89-125 and 18T-88022; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Environmental Protection(EP)"to"Holding - Urban Residential Type One ((H)R1)" as shown on the attached Schedule"A" hereto. 2. Schedule"A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof,subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1990. BY-LAW read a second time this day of 1990. BY-LAW read a third time and finally passed this day of 1990. MAYOR CLERK This is Schedule "A" to By-law 90 passed this day of , 1990 A.D. �—g�pp(p0.TUTtAE p(yEIMMEHT i.-..T...,it !�,//� 1„I N�■ I 11\ � �f ( I Q _ `i ` 1 �: ■ 409,67 aocK I �064MArEN HA�El Y If�1 ,v 1 T 11 1 G, a N1 179.35 11 �1 � I R 1. �� st � ►�<, N a �R +. N iDl i 10 ery 9136-51 �y .%. X p f M ao u �� f' I Q 01�` 01 N. 1 1,., N k 1 , W7�CIfT,R• +, '..�I�,�'7' tiT1 0 l3 NY ? 1 1 ED '. r LO LOT 31 RVW USES ®ZONING CHANGE FROM 'EP' TO'(H)R I' NO ZONING TO REMAIN ' EP' ZONING TO REMAIN '(H)RI' Mayor Clerk LOT 33 LOT 32 LOT 31 RI R EP RI RI R35 EP R2-2 EP SY �, II R3.5 I ®SUBJECT SITE (H)RI I R2 R S R2-2 f N ®OTHER LANDS OWNED BY APPLICANT (H)R 1 Z R, P(H)R1 (H)RI N W U Z O a c A z I 0 60 100 200 300m COURTiCE I w it A q 60m I �Y