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Home My WebLink AboutPD-242-90 "-"�•w.,y TOWN OF NEWCASTLE -rSS N DN: OZERKEVICH.GPA REPORT F I # r r ? - iq � Res. # -N�E: �• By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, July 23, 1990 REPORT #: PD- 242-90 FILE #: DEV 89-073 REZONING APPLICATION - M. OZERKEVICH AND L. KOTZER MJECT: PART LOT 15, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 89-073 RECOMMENDATIONS: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-242-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Irwin A. Hamilton on behalf of M. Ozerkevich and L. Kotzer be DENIED. 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1. 1 On June 11 1989 the Planning and Development Department received an application submitted by Irwin A. Hamilton on behalf of M. Ozerkevich and L. Kotzer to rezone a 3 .63 hectare parcel of land from "Agricultural (A) " and "Environmental Protection (EP) " to permit the creation of two (2) additional residential lots . 1.2 The subject property is located on the north west corner of Nash Road and Regional Road # 57 . The legal description of the subject property is Lot 15, Concession 2, former Township of Darlington. The municipal address of the property is 2510 Nash Road. REPORT NO. : PD-242-90 PAGE 2 2 . EXISTING AND SURROUNDING LAND USES 2 . 1 The existing use on the subject property is a single family dwelling. It is a one and one-half storey log home, located on the southern portion of the property orientated towards Nash Road. The surrounding land uses are as follows: East: Regional Road 57 and Bowmanville Creek West: Agricultural and Residential South: Two non-farm residential lots; one being 10 acres in lot size, the second being 8 acres in lot size. North: Bowmanville Creek; Road allowance for the Nash Road extension to Regional Road No. 57 . 3. PUBLIC NOTICE AND SUBMISSIONS 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. 4. CIRCULATION 4 . 1 In accordance with Departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note the following departments/agencies, in providing comments, offered no objection to the application as filled: - Town of Newcastle Fire Department - Newcastle Hydro Electric Commission - Ministry of Agriculture and Food 4 .2 The Town of Newcastle Community Services Department commented on the possibility of flooding and felt that the application for rezoning should be refused. 4 . 3 The Ministry of Natural Resources in their review of the application noted an objection: Ministry Staff suggested that the zoning and designation of the subject property remain as such to preserve and protect the unique attributes of the Region's landscape including valleylands, marshes and other natural environments and recreational resources . . . . . 3 _? 9 REPORT NO. : PD-242-90 PAGE 3 4 .4 The Central Lake Ontario Conservation Authority in their review of the rezoning application noted an objection. They commented that virtually all of the proposed, two western-most lots, consist of the forested valleylands of the Bowmanville Creek and approximately 45% of the coverage of each of the three (3) lots is below the Regional Storm Flood elevation. The Central Ontario Joint Planning Board, Conservation Study - 20 year acquisition plan has also termed this portion of the Bowmanville Creek Valley system as "Valleyland of Regional Significance for Parks and Recreation" and recommended that these lands be considered for acquisition by the authority. The General Policy of the Authority is to discourage the creation of new lots which cannot support their intended use over most of the lot area. 4 .5 The Regional Health Services Department recommended, as there is an insufficient level area of the installation of a private sewage disposal system, that the rezoning application be Denied. 4 . 6 The Town of Newcastle Public Works Department offered no objection to the rezoning application subject to the fulfilling of the following conditions: a 2 .2 metre road widening be dedicated to the Town and that the applicant contribute to the costs of upgrading Nash Road. Public Works also requested that the applicant apply for property access and that all the requirements, financially or otherwise be satisfied. 4 . 7 Staff would note that the owner, Mr. M. Ozerkevich, has informed Planning Staff that the possibility exists of reducing the lot sizes to ease any concerns of the Conservation Authority. Mr. Ozerkevich has also stated that the building sites on the lots would be as far away as possible from any potential flooding and "Environmental Protection (EP) " zoning. 5nq � � . . . .4 l REPORT NO. : PD-242-90 PAGE 4 5. OFFICIAL PLAN CONFORMITY 5 . 1 Staff have reviewed the application with regards to the provisions of the Durham Regional Official Plan. The subject lands are designated as "Major Open Space" and "Hazard Lands" within the Durham Regional Official Plan. The predominant use of lands under this designation shall be for Agricultural and farm related uses. The Plan also states that the development of new non-farm residential uses shall be discouraged within this designation unless such development proceeds in the form of infilling between existing residential dwelling and provided that such development is recognized as a Residential Node or Cluster in the local Municipality's Zoning By-law. The Official Plan prohibits any type of development in the "Hazard Land" designation. A cluster or node must be definable as a separate entity and is of a size so as not to be considered as scattered or strip development. The entire cluster must be recognized in the local planning documents and once defined, no further extensions to the cluster may be permitted. In addition, the existing group of dwelling must be on relatively small lots generally being less than approximately 3 hectares . New clusters are also discouraged from locating on a provincial highway of Type "A" arterial road, and finally, development within a cluster is compatible with the surrounding uses and conforms with the agricultural code of practice. 5 .2 The Durham Regional Planning Department comments, in regards to the above criteria, suggest that the application does not conform to the Regional Official Plan. (Section 10.2 . 1. 3) . The proposed cluster does not contain an existing group of dwellings and is located on a type "A" arterial road (Nash Road) . 6 . STAFF COMMENTS 6 . 1 It is Staff's opinion that the application for rezoning to a "Rural Cluster" does not meet the criteria for a Rural Cluster as defined within the Durham Regional OFficial Plan. Comments from the Region Planning Department support this position. . . . .5 599 0 ' REPORT NO. : PD-242-90 PAGE 5 In addition, comments from other agencies including Central Lake Ontario Conservation Authority, the Regional Health Unit and the Ministry of Natural Resources do not support the application for rezoning. 7 . CONCLUSION 7 . 1 In consideration of the above comments, Planning Staff cannot support the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Irwin A. Hamilton on behalf of M. Ozerkevich and L. Kotzer. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief A in strative and Development Officer MP*fw*cc *Attach 10 July 1990 Interested parties to be notified of Council and Committee's decision: Mr. Irwin Hamilton Hamilton & Associates Barristers & Solicitors P.O. Box 39 1 Division Street BOWMANVILLE, Ontario L1C 3K8 Michael Ozerkevich & Lida Kotzer 2510 Nash Road Bowmanville, Ontario L1C 3L1 Mr. Terry Worrall Group 14, Box 8, R.R.#6 Bowmanville, Ontario L1C 3K7 i 0 . GREEN ROAD NA • /IHN/INIlII/M11N/N111w HH1 HAM IHHMN�NMM1 !11111//NII/N//NI1111!/INIIl 111111 1l IIIItl/1/11/IIININNfN111}INlIININfNMNNINf'••••`•'••'""'••'��- -•--••-� rn Z D Q M m -� W co REGIONAL ROAD 5 CONCESSION 2 ;'IM's /Y� V OT Cc) N c .� s s 1 l FORMERI!' TUWNSii 11' TO WN OF NC 1';%C,<i., T1- -- -- RCGION.11. AJ!IPJIIl/::; , 1,21 RT- A + 695A ,, + \r �• ZONIN e ,r 43 ,^.,'r'°yS yt Zr\�r.,��. �\ —rs�" t• Lrl �rt ,.\—"' �--t1. r A�—r��RM£RyrY fXAN A'°A13 71.54