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Home My WebLink AboutPD-8-86 TOWN OF NEWCASTLE t REPORT File # Res. # __------ By-Law # MEETING: General Purpose and Administration Committee DATE: January 6, 1986 REPORT #: PD-8-86 FILE #: 85-46./ Sl1&JECT: APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN EGIDIO RICCIO PART LOT 25, CONCESSION 4, DARLINGTON OUR FILE: 85-46/D RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-8-86 be received; and Z. THAT the Regional Municipality of Durham be advised that the Town of Newcastle does not recommend approval of the subject application for Official Plan Amendment. BACKGROUND: On September 19, 1985 the Town received the subject application accompanied by a request from the Region for a Council recommendation in respect of same. The subject lands are designated "Permanent Agriculture Reserve" and "Environmentally Sensitive" by the Durham Regional Official Plan and are zoned "A-1 Permanent Agriculture Reserve" by By-law 84-63. The applicant is proposing the creation of three (3) building lots. In accordance with departmental procedure, the subject application was circulated to a number of agencies for comments. In that regard, the following represents a summary of the comments received. . ..L REPORT NO. : PD-8-86 Page 2 Town of Newcastle Public Works "No objection." Town of Newcastle Community Services "The proposal is outside of the urban boundaries and as such, we recommend cash-in-lieu of parkland. " Town of Newcastle Fire Department "The Fire Department has no objection to the above-headed application. Response to this location would be from Station #4. Water supply to this area is by Fire Department tank truck. Consideration should be given to the fire protection requirements for rural development. " Ontario Hydro "We have no objection to the approval of the application." Central Lake Ontario Conservation Authority "The site is subject to Ontario Regulation 161/80 which requires permission from Central Lake Ontario Conservation Authority prior to any filling or watercourse alteration. The Authority has concerns with the proposed residential designation of Blocks A and B on the submitted plan. These lands are considered to have high environmental sensitivity due to the presence of a high water table and related hydrological functions, wildlife habitat and significant forest cover. In accordance with the Authoirty policy on environmentally sensitive areas, Staff will require an Environmental Impact statement before we could consider a redesignation of Blocks A and B to residential . For this reason, Authority Staff cannot recommend approval of the application as presented, but would have no objection to the approval of an amended application which designates only the three (3) lots as "residential " and leaves Blocks A and B in an "Open Space" designation." Durham Regional Health Unit "Insofar as health matters are concerned, there are no objections to its approval . " .. .3 REPORT NO. : PD-8-86 Page 3 Ministry of Natural Resources "No objections to this amendment as it does not adversely affect any Ministry policies or programs." Ministry of Agriculture and Food "Consideration has been given to the proposal in terms of the goals and objectives of the Ministry and of the criteria and policies outlined in the Food Land Guidelines. According to the Canada Land Inventory, the site has an agricultural capability rating of Class 5 with wetness limitations. This low soils rating would normally reduce our conern about the site; however, from onsite inspection the immediate surrounding lands, which are also Class 5, display a much higher agricultural capability and are in agricultural production. Lands to the north and south of the property are actively farmed, although, the lands to the south are in smaller holdings. East across the road allowance, the lands are growing soybeans and potatoes. The west half of the subject property is bush as are the abutting lands to the west. Section 3.12, paragraph 3 of the Food Land Guidelines state that estate residential development should only occur on lands of low agricultural capability well removed from agricultural activities. As the site is not well removed from agricultural activities, nor does it appear to have low agricultural capability, the proposal does not comply with the Food Land Guidelines, and therefore, we do not recommend approval ." COMMENTS: Staff have reviewed the subject proposal with regard for the policies of the Regional Official Plan and the Ontario Food Land Guidelines which are Provincial Policy. As such, we must concur with the comments of the Ministry of Agriculture and Food and feel that the proposed development would represent a further intrusion of non-farm related uses into an established agricultural area. In addition, it is the intent of the Official Plan to only permit non-farm related residential development in "Major Open Space" and "General Agriculture" areas and, inasmuch as the site is designated "Permanent Agriculture Reserve", the proposal would offend the intent of the Official Plan. Similarly, the site has an environmental sensitivity designation and any proposal to develop lands affected by such a .. .4 REPORT NO. : PD-8-86 Page 4 designation should be accompanied by an Environmental Impact Analysis. No such analysis has been undertaken and in the absence of same, approval of the subject application would not comply with the intent of the Official Plan. Staff are of the opinion that the proposal does not constitute infilling, nor is it located within a distinct node or cluster. We must, therefore, recommend denial of the subject application based upon the conflict with Provincial Policy and recommend that the Region be so advised. Respectful ed, T.T. Edwards , M.C.I.P. Director of Planning TTE*j i p December 9, 1985 Agent: J .B. McMullan c/o J.B. McMullan Real Estate Limited 378 King Street West OSHAWA, Ontario L1J 2J9 f' AREA OF PROPOSED REZONING 31 30 29 28 27 26 25 24 23 22 21 20 � I v , I rn I /FP j i I n_�� OZ / 1 z o I I U) I i I U w A-M 1 I U cc. 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