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HomeMy WebLinkAboutPD-93-86 TOWN OF NEWCASTLE REPORT File # �, t� �� Res. By-Law MEETING: General Purpose and Administration Committee DATE: Monday, April 21, 1986 REPOT #: PD-93-86 FILE #: DEV 86-9 SUBJECT: REZONING APPLICATION - PAUL LANGLEY PART LOT 17, CONCESSION 10, DARLINGTON OUR FILE: DEV 86-9 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-93-86 be received; and 2. THAT the application submitted by Mr. Paul Langley to rezone a parcel of land located in Part of Lot 17, Concession 10, former Township of Darlington to permit * the construction of a single family dwelling be approved and the by-law attached hereto be forwarded to Council for approval . BACKGROUND AND COMMENTS: On February 20, 1986 the Planning Department received an application for rezoning, submitted by Mr. Paul Langley, to rezone a parcel of land located in Part Lot 17, Concession 10, former Township of Darlington. The submission of the rezoning application was to permit the construction of a single family dwelling. . . .2 REPORT NO.: PD-93-86 Page 2 Within the Regional Official Plan the subject property is designated as a "Mineral Aggregate Resource Extraction Area". Section 4.2.2 of the Durham Plan stipulates that once mineral aggregate resource extraction has been completed such areas shall be suitable for those uses which are permitted within the surrounding landuse designations. In this regard, the immediate surrounding landuse designation is "Major Open Space - Oak Ridges Moraine". Accordingly a residential use may be permitted in accordance with the Major Open Space policies in Section 12 and in particular, those in Section 12.3.10 pertaining to existing lots of record. Staff would note for the Committee' s information that pursuant to Council 's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. Staff would note that as a result of the filing of the application and the posting of the Public Notice signs , to date, no objections to the proposal have been received from the general public. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted in Staff Report PD-16-86. In responding, the following Town Departments and agencies offered no objections to the proposal as submitted: 1. Town of Newcastle Works Department 2. Town of Newcastle Building Department 3. Town of Newcastle Fire Department 4. Town of Newcastle Community Services Department 5. Ontario Hydro 6. Peterborough-Victoria-Northumerland and Newcastle Roman Catholic Separate School Board The Region of Durham Health Unit in responding noted that the application for rezoning had been investigated by the Health Department and insofar as health matters are concerned, there are no objections to its approval . However, it was noted that their comments are not to be taken as a permit to install a private sewage disposal system at the site involved. The required permit would be issued only after the proper inspection of the land involved had been made and said inspection carried out upon receipt of a formal application. . . .3 REPORT NO.: PD-93-86 Page 3 The Ministry of Agriculture and Food - Foodland Preservation Branch noted that, in consideration of the terms and goals and objectives of the Ministry and the criteria and policies outlined in the Foodland Guidelines, the Ministry had no objections to the proposal . The Ministry of Natural Resources, in responding, noted that the parcel of land to be rezoned is located within a former licenced pit area. The pit site plans for this area have been revised to delete the area being rezoned. Accordingly, the Ministry has no objections to the removal of the "M3" zoning and approval of the subject application. The Central Lake Ontario Conservation Authority offered the following comments for Staff's consideration. The site is located on the Oak Ridges Moraine and consists of open field, mixed woods, and plantation forest areas. The applicant's proposed development is confined to the open field portion of the site and would not have any significant impacts on the adjacent forest or the erodible soils in this Region. Staff have no objection to the approval of the application. The Region of Durham Planning Department, in responding, noted that the subject property was designated as a "Mineral Aggregate Resource Extraction Area" in the Durham Regional Official Plan. Section 4.2.2 of the Durham Plan stipulates that once mineral aggregate resource extraction has been completed, such areas shall be suitable for those uses which are permitted within the surrounding landuse designations. In this regard, the immediate surrounding landuse designation is "Major Open Space - Oak Ridges Moraine". Accordingly, the proposed residential use may be permitted in accordance with the Major Open Space policies in Section 12 and, in particular, those in Section 12.3.10 pertaining to existing lots of record. Further to the above-noted comments, the Region, by correspondence dated March 27, 1986, additionally noted that the proposal would be subject to a Regional levy since there is an increase in residential usage of the property. Accordingly, it was requested that the Region ' s levy requirements be included as a condition of approval of the . . .4 V:0 REPORT NO.: PD-93-86 Page 4 above proposal . Staff would note for the Committee's information that in consideration of the above-noted comment, the applicant was notified of the Region' s comments and requested to contact same for further clarification. As noted by the Ministry of Natural Resources, the subject lands are located within a former licenced pit area. It is Staff's understanding that the site plans respecting same were altered by the Ministry of Natural Resources on September 30, 1985 thereby excluding the subject lands from the "Pit Licence". Staff would note that By-law 84-63, being the Town's Comprehensive Zoning By-law, when approved by Council on September 10, 1984, acknowledged all licenced pit areas and placed same within the "M3-Extractive Industrial Zone". In consideration of the above-noted comments and application as submitted, Staff would have no objections to the approval of the 'by-law amendment as * attached hereto. Respectf mitted, T.T. Edwards, M.C. I .P. Director of Planning LDT*TTE*jip April 4, 1986 *Attach. cc: Mr. Paul Langley 461 Montrave Avenue OSHAWA, Ontario L1J 4S6 I I i i I THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle, pursuant to Section 16.6.5 of the Durham Regional Official Plan, enacts as follows: 1. Schedule "12" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Extractive Industrial (M3)" to "Agricultural (A)" as shown on the attached Schedule "X" hereto. 2. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR CLERK This is Schedule "X" to By-law 86- passed this day of , 1986 A.D. 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