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Home My WebLink AboutPD-205-90 r r -I ILK, TOWN OF NEWCASTLE LL.GPA REPORT �y 61 File # �C� .��T �t•°� � , `.A � Res. # A7 A9- -1 yam __ t. -�• By # METING: General Purpose and Administration Committee DATE: June 18, 1990 REPORT #: PD-205 -90 FILE #: Acv g9J og7 SOg,ECT: OFFICIAL PLAN AND ZONING AMENDMENT APPLICATIONS DR. RUSSELL GILL PART LOT 71 CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-205-90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends DENIAL of the Official Plan Amendment application submitted by Irwin Hamilton on behalf of Dr. Russell Gill; 3 . THAT the related Zoning Amendment application be DENIED; and 4 . THAT a copy of Committee's and Council's decision be forwarded to the interested parties attached hereto. 1. APPLICATION DETAILS 1 . 1 Applicant: Dr. Russell Gill 1 .2 Official Plan Amendment: Extension of limits of Tyrone Secondary Plan to include subject property. 1.3 Zoning Amendment: From in part "Agricultural (A) " and in part "Environmental Protection (EP) " to an appropriate zone to E) REPORT NO. : PD- 205-90 PAGE 2 implement the Official Plan Amendment and permit the development of one ( 1) Residential Hamlet lot. 1.4 Area; . 81 hectares (2 . 0 acres) 2. BACKGROUND 2 .2 In July of 1989, the Town of Newcastle Planning and Development Department received an application, submitted by Irwin Hamilton on behalf of Dr. Russell Gill to amend the Town of Newcastle Comprehensive Zoning By-law in order to permit the creation of one ( 1) residential hamlet lot. 2 .2 In August of 1989, the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application, submitted by Irwin Hamilton, on behalf of Dr. Russell Gill, to extend the limits of the Tyrone Secondary Plan in order to include the subject property and permit the proposed development to be considered. 2 . 3 The subject property is a rectangular shaped parcel approximately . 81 hectares (2 . 0 acres) in size and is located on the south side of Concession Road 7 approximately 397 .45 metres ( 1304 feet) east of Clemens Road but is more formally described as Part Lot 7, Concession 6 in the former Township of Darlington. 3. PUBLIC NOTICE 3. 1 For the Committee's information, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was erected on the subject lands and the REPORT NO. : PD-205 -90 PAGE 3 appropriate notice was mailed to each landowner within the prescribed distance. 3 .2 The public meeting with respect to this application was held on Monday, November 6, 1989 . As of the writing of this report, the Planning and Development Department has not received any public submissions with respect to the subject application. 4. OFFICIAL PLAN CONFORMITY 4 . 1 Within the Durham Regional Official Plan, the subject property is designated as "Permanent Agricultural Reserve" with an indication that the property is an Environmentally Sensitive Area and a Hazard Lands Area. Furthermore, the Durham Regional Planning Department has determined that the subject property is located outside of the limits of the Hamlet boundary. Therefore, the applicant has applied to amend the Durham Regional Official Plan and the Town of Newcastle in order to extend the limits of the Tyrone Secondary Plan in order to include the subject property and permit the proposed development 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 "Agricultural (A) " and in part "Environmental Protection (EP) " . The applicant intends to rezone approximately a . 8 hectare (2 acre) portion of a 53 . 82 hectare ( 113 acre) parcel to the Residential Hamlet (RH) zone and create one lot through the consent process. 2� On. REPORT NO. : PD-205 -90 PAGE 4 6. AGENCY COMMENTS 6 . 1 The subject applications were circulated to various agencies by the Town of Newcastle Planning and Development Department. The following provides a brief summary of comments received to date. 6 .2 The Central Lake Ontario Conservation Authority has reviewed the subject application and notes that 75% of the proposed lot is situated within the Regional storm floodplain of Mackie Creek while the majority of the remaining 25% consists of steep slopes . Therefore, as the vast majority of the site is affected by the floodplain or other environmental features, the Central Lake Ontario Conservation Authority cannot support the application. 6 .3 The Ministry of Natural Resources has reviewed the proposal and has concerns regarding that portion of the subject property zoned "Environmental Protection (EP) " . This portion of the property contains Mackie Creek which is a sensitive coldwater creek which provides habitat for resident populations of both brown and brook trout species. The Ministry of Natural Resources recommends that this portion of the subject property be retained within the "Environmental Protection (EP) " zone. The Ministry has no objections to the rezoning to "Residential Hamlet (RH) " , that portion of the subject property currently zoned "Agricultural (A) " , although the Ministry acknowledges that this portion of the subject property may not meet the requirements of the "Residential Hamlet (RH) " zone or the Official Plan with respect to lot area. 6 .4 The Town of Newcastle Public Works Department has reviewed the proposal and have no objections, subject to the provision of � 0J REPORT NO: PD- 205-90 PAGE 5 certain regulatory conditions including that the Town be in receipt of favourable comments from the Central Lake Ontario Conservation Authority. 6 .5 The Community Services Department has reviewed the application and has no objection to its approval subject to the applicant providing 5% cash-in-lieu of parkland dedication and the Owner agreeing to dedicate to the Town gratuitously, the area of land from Soper Creek to the top of the bank. 6 .6 The balance of the circulated agencies which have provided comments are the Town of Newcastle Fire Department, the Ministry of Agriculture and Food, the Durham Regional Works Department, the Durham Regional Health Department and the Ministry of the Environment. None of the aforementioned agencies have provided objectionable comments with respect to the subject application. The Public School Board and the Separate School Board have yet to respond to the Regional circulation of the related Official Plan Amendment 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 .4 . 1 .4 of the Durham Regional Official Plan and Section 9 . 3(i) of the Town of Newcastle Official Plan state that residential development in the Hamlet of Tyrone "shall be limited to minor internal infilling and/or minor additions REPORT NO. : PD- 20590 PAGE 6 to existing development" . The extension of the Hamlet Secondary Plan to permit the creation of one residential hamlet lot would appear to be a minor addition to the existing Hamlet of Tyrone. 7 . 3 However, staff are of the opinion that the extension of the Tyrone Secondary Plan in the manner proposed is inappropriate as the Durham Regional Official Plan indicates that the subject property is an Environmentally Sensitive Area and a Hazard Lands Area. In addition, comments from the Central Lake Ontario Conservation Authority would appear to corroborate this premise and the Conservation Authority cannot support the approval of the application. 7 .4 Furthermore, Section 10.4 . 1.3 of the Durham Regional Official Plan and Section 9 . 8(i) of the Town of Newcastle Official Plan state that Hamlets "shall develop in depth rather than in strips" . Staff are of the opinion that approval of the application would serve to promote strip development along Concession Road 7 in the Hamlet of Tyrone rather than a more comprehensive "depth" development of the Hamlet. 8. CONCLUSION 8 . 1 In view of the comments contained within this report the Town of Newcastle Planning and Development Department cannot support the applications to amend the Durham Regional Official Plan and the Town of Newcastle Official Plan. In addition, staff cannot support the proposed implementing zoning by-law and recommend that the applications be DENIED. REPORT NO. : PD-205- 90 PAGE 7 Respectfully submitted, Recommended for presentation Q ( to ;/ e Committee 4 Franklin Wu, M.C. I.P. taiqren c Kotseff Director of Planning Chief A 'nistrative and Development Office WM*FW*df *Attach 6 June 1990 Interested parties to be notified of Council and Committee's decision: Dr. Russell Gill R.R.#5 Bowmanville, Ontario. 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