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Home My WebLink AboutPD-199-88 DN: 199-88 TOWN OF NEWCASTLE REPORT File C �, � Res - + By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, October 3, 1988 REPORT #: PD-199-88 FILE #: DEV 88-66 SUBJECT: REZONING APPLICATION - LOUIS W. FERENCZ PART LOT 32, CONCESSION 4, FORMER TWP. OF DARLINGTON OUR FILE: DEV 88-66 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I 1. THAT Report PD-199-88 be received; and I 2. THAT the rezoning application submitted by Mr. Louis W. Ferencz to rezone a 38.71 hectare parcel of land to permit the development of an Eighty-two (82) Lot Plan of Subdivision be DENIED as it does not conform to the Durham Region Official Plan; and 3. THAT the applicant be advised that the Town has no immediate plan to prepare a Hamlet Secondary Plan for Mitchell's Corners. III 1. BACKGROUND I 1.1 On June 16, 1988 the Town of Newcastle Planning and Development Department received an application to amend By-law 84-63 submitted by Mr. Louis W. Ferencz. The application would permit the development of an eighty-two (82) Lot Plan of Subdivision on private services. . . .2 i i REPORT NO. : PD-199-88 PAGE 2 -------------------------------------------------------------------------------- 1.2 The subject lands are located on the southwest corner of the intersection of Taunton Road and Trulls Road, former Township of Darlington. Staff would note that the parcel has frontage on Taunton Road and Firner Street in the Hamlet of Mitchell's Corners. In addition, the lands are located outside the area definable as "Residential Hamlet" by By-law 84-63. 2. OFFICIAL PLAN CONFORMITY 2.1 The subject lands are located adjacent to existing residential development in the Hamlet of Mitchell's Corners. Notwithstanding, Section 10.4.1.4 of the Regional Official Plan limits residential development in this Hamlet to minor internal infilling and/or minor additions to existing development. Prior to major development, the Durham Plan as well as the Town's Official Plan require the preparation of a Hamlet Secondary Plan to determine such matters as land uses, growth potential, groundwater impact, availability of services etc. . This Secondary Plan is not in place. 2.2 The proposed development is of such magnitude that it would not be considered minor. In the absence of a Secondary Plan, it would be premature to consider the proposed development which clearly does not i conform with the Official Plan policies. 3. SURROUNDING LAND USES 3.1 The subject lands presently support one single family dwelling, barn and accessory buildings. The remainder of the lands are used for agricultural crops. The lands to the east and north are primarily used for residential use in addition to Mitchell's Corners Public School also to the east. The lands directly to the west and south as well as the land to the north, across Taunton Road, are in active agricultural uses. . . .3 i REPORT 0O. ; PD-I99-88 Ig\G8 3 _______________________________________________________________________________ 4. PUBLIC NOTICE 4.1 Staff would note for the Committee's information that, pursuant to CVouoiI`o resolution of July 36' 1982 and the requirements of the Planning Act, the appropriate oigoage acknowledging the application was installed on the subject lands. 5. CIRCULATION 5.1 In accordance with departmental procedures, the subject application was circulated to various agencies and departments to obtain comments. The following is o summary of the comments received to date. 5.2 The Town of Newcastle Fire Department noted the subject development is recognized within the five mile response area of Station #4. In addition, the applicant will be required to comply with the appropriate sections of the Ontario Building Code and the Ontario Fire Code. 5.3 The Regional Planning Department, in their review of the application, noted that the development was premature. The Durham Region Official Plan requires that a Secondary Plan be undertaken to designate Mitchell's Corners as a "Hamlet for Growth" . The Regional Staff had � also noted that the applicant had submitted an application to amend the Durham Region Official Plan, however, the application was returned for several reasons. The primary cemano being that it was incomplete pending the ouLxniooioo of a detailed Engineering BeDuct required for Estate Residential subdivision. 6.4 The Regional Health Department requested a number of conditions be fulfilled prior to commenting on the rezoning. Primarily, the conditions require reports to be prepared to indicate the suitability of the lands for private waste disposal system and to provide proof of an adequate potable water supply. ^ ^ ^4 REPORT N0. : PD-199-88 PAGE 4 _______________________________________________________________________________ 5.5 The Ministry of Agriculture and Food noted that the site contains Class 1-4 agricultural land and that the application must be 000eaoed in terms of the Fomdlaod Guidelines. The Ministry requires the documentation outlined in Section 3.14 of the Guidelines to do the evaluation. Until Ministry Staff have reviewed the requested information, they will not be in favour of changing the present zoning. 5.6 The Ministry of Natural Resources Staff noted that Blocks 85 and 86 of the proposed plan consist of significant wetlands. Since these blocks ' are not recognized as "Environmental Protection (EP)n, the Ministry Staff requested that these lands be zoned "Environmental Protection (EP)», thereby protecting the wetlands from incompatible adjacent laud uses. 5.7 The Northumberland and Newcastle Board of Education requested that walkways be installed from the 000tbeco pact of the subdivision to provide direct access to the school. In addition, a six foot chain link fence obnold be installed and grading plans should be reviewed. 5.8 Staff would note that comments are still outstanding from the toIImvimJ agencies: / - Town of Newcastle Public Works Department - Town of Newcastle Community Services Department - Central Lake Ontario Conservation Authority - Separate School Board - Regional Works Department - Ontario Hydro - Trans Northern Pipelines 6. STAFF COMMENTS 6.1 Staff have reviewed the application with respect to the Regional Planning Department comments and have noted that the preparation of a Secondary Plan is required in order for the development to proceed. In this regard, the Planning Department has no plan to prepare such a plan for Mitchell's Corners in the immediate future. REPORT 00. : PD-I99-88 PAGE 5 _______________________________________________________________________________ 6.2 For the information of Council, priority for preparation of a Hamlet Secondary Plan has been directed to Orono and Hampton for the balance of this year and in 1989. Following completion of DIaua for these two (2) hamlets, we intend to address Maple Grove and Leokmcd. Therefore we do not anticipate to deal with Mitchell's Cncueco in the foreseeable future. 6.3 We understand the applicant will be submitting an official Plan Amendment application plus all supporting documents to the Region. We feel that the applicant should be advised at this time that, in the . absence of a Hamlet Secondary Plan, it would be extremely difficult to evaluate the merits of this proposal without a comprehensive understanding of various matters such an development constraints, well impact, appropriate size of growth etc. for the Hamlet of Mitchell's Corners. Respectfully submitted, Recommended for presentation to the Committee \ | 4&A _ �_- -__-__________--_ Franklin Wu Iawreu Kotaeff / Director of Planning 6 Development Chief ��midiotcative Officer ( CfV*FW* 'ip *Attach. September 19, 1988 CC: Mr. Louis W. 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