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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