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Home My WebLink AboutPD-235-90 „�-" •. ,y,, TOWN OF NEWCASTLE DN: MARCHANT.GPA REPORT F i l e " { Res. # P U B L I C M E E T I N G By-Law # MEEING. General Purpose and Administration Committee DATE: Monday, July 23, 1990 REPORT #: PD-235-90 FILE #: DEV 90-046 REZONING APPLICATION, OFFICIAL PLAN AMENDMENT APPLICATION AND DRAFT SECT: PLAN OF SUBDIVISION - MARCHANT PART LOT 8, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-046 (%-REF 18T-90029 & OP 90-043/D/N) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-235-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by The Greer Galloway Group Inc . on behalf of Marchant, Byam, Jones 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: The Greer Galloway Group Inc . 1.2 Owner: Murray Marchant, Grenville Byam 1. 3 Official Plan Amendment: "Long Term Residential Expansion” and Permanent Agricultural Reserve" to a designation appropriate to permit a 13 lot residential subdivision. 1.4 Subdivision: 13 Single Family Dwelling lots . REPORT NO. : PD-235-90 PAGE 2 1. 5 Rezoning: From "Residential Hamlet (RH) " , Agricultural Exception (A-1) " and "Environmental Protection (EP) " to an appropriate zone to permit the development of a 13 unit Plan of Subdivision. 1. 6 Area: 6 .81 hectare ( 16 . 8 acres) 2 . LOCATION 2 . 1 The subject property is situated in Part Lot 8, Concession 6, former Township of Darlington. The site can be further defined as being located in the Hamlet of Tyrone east of Clemens Road, south of Concession Road 7 . 3 . BACKGROUND 3. 1 On May 17, 1990, the Town of Newcastle received applications for rezoning, subdivision and Official Plan Amendment for the subject property to permit a 13 unit residential subdivision. 4 . EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Farmland Surrounding Uses: East - Farmland West - Farmland South - Farmland North - Existing Single Family Dwelling 5 . OFFICIAL PLAN CONFORMITY Durham Region Official Plan According to the Durham Region Official Plan, the subject property appears to be located in the general vicinity of the designated Hamlet of Tyrone. This Official Plan states that the limit of a hamlet boundary shall be defined within the local Official Plan. Hence any lands situated outside a Hamlet boundary as defined in the local Official Plan shall be governed by the relevant policies within the Durham Region Official Plan In addition, the site in question is located within the "Proposed Highway 407 Corridor `09 . . . .3 REPORT NO. : PD-235-90 PAGE 3 Study Area" . Applicationw within the Study Area must receive a positive recommendation from the Ministry of Transportation prior to Staff forwarding a recommendation report to Town Council. 5.2 Town of Newcastle Official Plan The majority of the lands defined within the subject application are situated within the Hamlet of Tyrone. However, a small portion in the north-east sector of the site is situated outside of the Hamlet boundary and is designated "Permanent Agricultural Reserve" . These lands are subject to the policies as defined in Section 11 of the Durham Region Official Plan. In order to develop these lands, the Town of Newcastle Official Plan umst be amended to include these lands within the Hamlet boundary. The remaining lands, all located within the Hamlet boundaries, are designated "Existing Residential" and "Long Term Residential Expansion" . Lands designated "Existing Residential" shall be used for residential purposes. The lands designated "Long Term Residential Expansion" although deemed to be used for future residential use, shall not be developed until: the short term residential expansion areas have been developed; and the status of the Hamlet has been changed to "Hamlet for Growth" . 6 . ZONING 6 . 1 The property is presently zoned "Residential Hamlet (RH) " , "Agricultural Exception (A-1) " and "Environmental Protection (EP) " . The "Residential Hamlet" zone permits residential development while the "Agricultural Exception" and "Environmental Protection" zones permit farm-related uses and conservation respectively. Therefore prior to development, the lands zoned "A-1" and "EP" must be amended in order to permit residential development. In addition, Section 3 . 19c of By-law 84-63 states that all non- farm related residential buildings must be located a minimum of 300 metres from existing agricultural buildings housing livestock. The applicant might not be able to meet this provision as there is a pig farm located approximately 275 m south of the site. 10 . . . .4 REPORT NO. : PD-235-90 PAGE 4 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 There has been one verbal inquiry regarding this application in which it was stated that a barn, where 400 to 500 pigs are raised, is located approximately 275 m (900 ft. ) south of the subject site. Concerns were also raised regarding the impact this development would have on area wells and the creation of potential drainage problems due to a small intermittent stream which flows through the property. It was also asked that a fence be put around the rear yards of the lots . No other comments or letters have been received to date. 8 . AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following department/agencies in providing comments, offered no objection provided that their conditions and/or concerns are adequately met. The Town of Newcastle Community Services Department has asked that the developer address all the "Environmental Protection" concerns which may arise, and that cash-in-lieu of parkland be provided on the basis of 1 hectare per 300 dwelling units . The Town of Newcastle Fire Department has requested that an adequate water supply be made available prior to the issuance of building permits . The Durham Region Planning Department has no objection provided i . . . .5 REPORT NO. : PD-235-90 PAGE 5 that an amending by-law is not approved until such time as the Official Plan Amendment has been dealt with by Regional Council. Prior to the Regional Health Unit's submission of substantive comments, a lot servicing plan, results of a soil sampling programme, existing and final grading plans, a hydrogeological report and environmental impact study must be submitted in addition to the receipt of positive comments from the Ministry of the Environment. 8 .2 Objecting comments were received from the Northumberland and Newcastle Public School Board and Ministry of Agriculture and Food. The School Board noted that the students from this proposed subdivision would place more pressure on the Enniskillen Public School which is already over capacity. The Ministry of Agriculture and Food have serious concerns regarding this application due to the fact that the lands designated "Permanent Agricultural Reserve" are of high agricultural capability. 9 . STAFF COMMENTS 9 . 1 Staff note that the applicant/owner must meet the requirements of Section 9 .4(iv) of the Town Official Plan which states that: "In considering amendments to permit development of "Long Term Residential Expansion Areas" Council shall require proponents to prepare a detailed Engineering Report to address water supply, sewage disposal and surface drainage aspects of additional growth. Such Engineering Reports should identify any possible servicing impacts that additional growth could have on the existing and designated development areas of the Hamlet. " The Town is awaiting submission of the above-noted report. 9 .2 Due to the location of the active farm nearby, Staff will request the Ministry of Agriculture and Food to investigate whether the application conforms to the "Agricultural Code of Practice" . � . . . . 6 REPORT NO. : PD-235-90 PAGE 6 9 . 3 The applicant/owner must address the Ministry of Agriculture and Food's requirements, the Health unit's comments and the citizens concerns, in addition to any concerns that the Ministry of Transportation may have regarding the "Highway 407 Corridor Study" . 10 . CONCLUSION 10. 1 Since there are outstanding agency comments and other issues which must be clarified and/or dealt with, Staff recommend that this report be referred back to Staff. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence E. otseff Director of Planning Chief Admi i trative and Development Officer HM*FW*cc *Attach 16 July 1990 Interested parties to be notified of Council and Committee's decision: The Greer Galloway Group Inc. 650 King Street East Oshawa, Ontario L1H 1G5 Locust Grove Farms R. R. #5 Bowmanville, Ontario L1C 3K6 Murray Marchant 5 Durham Street Bowmanville, Ontario L1C 1H4 Kelvin Jones 214A Liberty Street North Bowmanville, Ontario L1C 2M8 Grenville Byam R. R. # 5 Bowmanville, Ontario L1C 3K6 13 ® SUBJECT SITE I LOT 9 LOT 8 LOT 7 .............. ............................... .......... ............ t�- o ) Z A-1, Z i Ad A�= ° EP RH a U (H)RH z RH Z RH c3 � EP U REGIONAL RD. No. 14 RH-5 RH RH A (H)RH EP o M o A-1 cn to RH , = W z U w Z e O v 'o 50 ao wo wom KEY MAP � � Dev. 90-046 O 90-043/D/N