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Home My WebLink AboutPD-92-86 TOWN OF NEWCASTLE /r -1 `` REPORT File # -, -,_3�`- 7/. Res. ts/,I L 3 By-Law # hEETING: General Purpose and Administration Committee DATE: Monday, April 21, 1986 REPORT #: PD-92-86 FILE #: DEV 85-42 SUBJECT: OBJECTION TO BY-LAW 86-29; BEING A BY-LAW TO REZONE CERTAIN LANDS IN PART OF LOT 34, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON CLERK'S FILE: 60.35.271 PLANNING FILE: DEV 85-42 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-92-86 be received; and 2. THAT the following resolution be adopted by Council and forwarded to the Ontario Municipal Board together with a copy of By-law 86-29: "WHEREAS the Council of the Town of Newcastle has approved By-law 86-29 to amend By-law 84-63, as amended, being the Town 's Comprehensive Zoning By-law as a result of their consideration of an application for such an amendment submitted by the property owner; AND WHEREAS the effective By-law 86-29 was to change the zone designation of the land subject to By-law 86-29 from "Environmental Protection (EP)" to "Urban Residential Type One Density (R1)" zone to permit the development of ten (10) residential lots for single family dwellings; AND WHEREAS By-law 86-29 has been approved in conformity with the applicable policies of the Durham Regional Official Plan and the Courtice Urban Area Official Plan; AND BE IT NOW THEREFORE RESOLVED THAT the Town of Newcastle hereby requests the Ontario Municipal Board to convene any required hearings in respect of By-law 86-29 at the earliest possible opportunity"; and 3. Furthermore hereby authorizes Town Staff and/or the Town Solicitor to represent the municipality at any hearing that may be convened. . . .2 41 0 i REPORT NO.: PD-92-86 Page 2 BACKGROUND AND COMMENT: On December 3, 1985 the Planning Department received an application submitted by Mr. G. Easton of Proctor and Redfern Group on behalf of Walter Schleiss and Raymond D. Holland to permit the development of ten (10) single family lots being a portion of the applicant's property (Plan of Subdivision 18T-77001 ), located in Part of Lot 34, Concession 3, in the former Township of Darlington. Within the Durham Regional Official Plan and the Courtice Urban Area Official Plan the subject site is designated "Residential ". The proposed ten (10) detached dwellings are permitted within the designation. Staff would note for the Committee' s information that, at the General Purpose and Administration Committee meeting of February 17, 1986, Staff Report PD-39-86 was scheduled for the Committee's consideration. Additionally a Public Meeting was scheduled and notification provided to adjacent land owners acknowledging Council 's intent to consider the rezoning application. Staff would note that at said meeting a letter was received from Sylvia Valentine, 39 Cloverfield Street opposing the rezoning application. In consideration of Ms. Valentine's letter, Planning Staff, by correspondence, responded to her concerns and attempted to provide additional background information with respect to the application. Staff would note for the Committee's information that no other persons spoke in support of or against the rezoning application as filed. In consideration of the above, Council at their meeting of February 24, 1986 approved By-law 86-29. As noted within the Clerk 's circulation letter j accompanying a copy of By-law 86-29, any appeals to said by-law must be filed with the Clerk 's Department by March 31, 1986. Staff, by receipt of a copy of a letter dated March 6, 1986, was advised that an appeal was lodged * on March 12, 1986 by Mr. & Mrs. Timothy Defoe. (see attached) . . .3 REPORT NO.: PD-92-86 Page 3 As Committee may recall the lands being rezoned are part of a large Plan of Subdivision which was originally approved by the Minister of Municipal Affairs on January 28, 1981. Recently, on February 3, 1986, the Minister amended the conditions of draft approval to remove restrictions contained in the orginal approval from these lands. Included in the amending conditions was a requirement that, prior to the initiation of clearing activities for the development of Lots 296 to 305 inclusive (being the ten (10) lots in question) and Street "L", the owner was to prepare a Tree Conservation Plan to the satisfaction of the Central Lake Ontario Conservation Authority. This plan was to describe the results of a survey of trees around the perimeter of the proposed development area identifying treed areas and individual trees worthy of preservation and outline the means to be used in preserving these trees during and after development. In addition, the Owner was required to place covenants on title of the affected lots in order to protect those trees being preserved. It is Staff's opinion that in consideration of the above, every effort will be made on the part of the Town and the Developer to undertake tree preservation wherever possible. Additionally, Staff would note that the Plan of Subdivision, as approved and amended, comply with the Courtice Urban Area Official Plan and appropriate Neighbourhood Plan with respect to the proposed residential development. Additionally, Staff would note the overall plan of subdivision was approved in consideration of the parkland policies within the above-noted documents. In consideration of the above comments, Staff would therefore recommend that By-law 86-29 be forwarded to the Ontario Municipal Board. Respect mitted, cc: Mr. & Mrs. T. Defoe 52 Centrefiel d Drive NEWCASTLE, Ontario LOA 1HO T.T. Edwards, M.C.I .P. Director of Planning Walter Schleiss R.R. #2 LDT*TTE*jip OSHAWA, Ontario *Attach. L1H 7K5 April 2, 1986 1146C, March 6, 1986 MFG � N lsas Mr. David W. Oakes, td�r'�� '�:4 'if ?i :;Ij-,,A -rj j 40 Temperance St. , Bowmanv i l le Ont. U C 3A6 Dear Sir: Re' Rezoning of lands situated at Part Lot 34, Concession 3, Darlington We have received your notification of the applilcation to change the above lands from "EP" TO "RI" . We wish to voice our opinion on this matter and state that we purchased our home, as we know many others did , due to the amount of space and open "park" like areas close by. This parcel of land you are considering is about the last small part of forest and untouched land in our area. By ploughing this into the ground, and con- structing houses in this area, you would be allowing our entire area to become "subdivision". I think it is a very well known fact that many people who purchase homes in Courticeand surrounding area do so for the open space. For that reason, we often pay more for our housing than had we bought closer to the city. We would also point out that for the exhorbitant amount of tax we pay considering we don't even have garbage collection, we should at least be allowed our one little area of nature to be unspoiled. Yours truly, Debra and Timothy Dafoe, 52 Centerfield Drive, Courtice, Ontario P.S. Please also consider the implications, etc. , arising from the fact that the new home owners who back onto this piece of land purchased their homes because they were advised and/or aware that the property was zoned "EP" . To now rezone that land says about as much for the organization of the Town of Newcastle as does the ridiculous amount of tax we pay. i• � f i Sr I� � NrIl1 ��fyi J �►��!"t'ij•;��±'::r��e,.yi•>A'2b:��i�k!�* '�Nw�reitivi� e 1 ran MAN Bull WE Old KAI ®Q Oil flu WA Ism ',V t�t'a r•.'A�.r''11'.•�l�N:•ti�: 1 �� ' lamp