HomeMy WebLinkAboutPD-39-84 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231
REPORT TO THE COUNCIL MEETING OF JANUARY 23, 1984
REPORT NO. : Pn-39-R4
SUBJECT: Application for rezoning Development R3-34
Penwest Developments
RECOMMENDATION:
It is respectfully recommended to Council that
1 . Staff Report Pn-39-R4 he received , and
?. That the attached By-law be approved , and
3. That Staff not clear the conditions of draft
plan approval , in respect of Plan 1RT-76011,
until such time as the detailed location of
Street F and boundary descriptions , have been
resolved to Council 's satisfaction .
REPORT NC: Pit-39-84 Page 2
BACKGROUND AND COMMENT:
At the General Purpose and Administration Committee meeting
of January 3, 1984, Council considered Staff Report PD-3-84
in respect of an application for rezoning submitted by
Penwest Developments. The subject rezoning is required as a
condition of draft plan approval in respect of plan
18T-76011. At the Public Meeting held pursuant to Section
34/12 of the Planning Act , two individuals , Mr. R. Mutton
and Mrs . VanderVeer, identified concerns relative to the
subdivision design. However at no point did they offer
objections to the proposed rezoning or to the principle of
development. As a result of these representations , Council
referred the matter back to staff in an attempt to resolve
their concerns prior to Council approval of the zoning
by-law.
Staff have met with Mrs . VanderVeer, at which time she
confirmed that while she had no objection to the principle
of development or to the rezoning of the lands , she very
strongly objected to the location of the proposed
north-south road and the potential impact that this road
would have upon her lands. Her preferred solution would be
to remove the proposed future road entirely from her lands
or to at least provide that it would be located half on her
lands and half on the developers lands. Alternatively she
would not object to the acquisition of these lands by the
developer thus eliminating the problem.
Mr. Mutton 's concerns are similar to those of Mrs.
VanderVeer. In addition , Mr. Mutton identified a concern
relative to the legal descriptions provided by the Zoning
By-law and accordingly Staff have made what we feel are
appropriate amendments to Schedule X to the By-law.
. . .3
REPORT NC: Pn-3g-84 Page 3
At this point in time we believe that the issues identified
should be isolated and divorced from the question of
rezoning if at all possible. We note that Plan of
Subdivision 1RT-76gll. has received draft plan approval and
is in conformity with an approved neighbourhood development
plan. Thus, the principle of development has been
established and although road locations shown in a draft
approved plan of subdivision are not final , they represent a
desired development pattern as reflected in the
neighbourhood development plan. Inasmuch as Town Staff are
currently negotiating a subdivision agreement with the
developer and inasmuch as this plan of subdivision has the
greatest potential within the Bowmanville Iirban Area to
proceed this year, we feel that it is important that the
i
issues related to final subdivision design not delay the
rezoning.
To that end we would recommend that Council pass a
resolution directing Staff not to clear the conditions of
draft plan approval in respect of Plan 1RT-76nll until such
time as the detailed location of the road in question has
been resolved to Council ' s satisfaction.
Staff are sympathetic to the concerns identified by Mr.
Mutton and Mrs . Vanderveer, and would suggest that while
certain commitments have previously been made through draft
plan approval and these commitments reflect a development
pattern which respects the development potential of all the
lands within the neighbourhood without regard for land
ownership, there is room for negotiation on this point.
However, the underlying assumption must he that vacant and
developable lands be developed in accordance with the
optimal subdivision design.
. . .4
REPORT NO: PD-39-84 Page 4
Staff will continue our endeavours to resolve this situation
during the negotiation of the subdivision agreement and
subject to Council passing the recommended resolution we
will not issue clearance for final plan approval without
further Council authorization .
Respect f y itted
T. T. Edwards, M.C. I.P.
Director, of Planning
TTE*bb
Attach.
cc : Mr. Robert Mutton
45 Concession Street East
BOWMANVILLE, Ontario
L1 C 1 Y2
cc : Mrs . K. Vanderveer
53 Concession Street East
BOWMANVILLE, Ontario
Ll C 1Y2