HomeMy WebLinkAboutP-58-79 Yk
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVEL.OPMEW DEPARTMENT D. N. Smith M.C.I.P., Director
HAMPTON,ONTARIO LOB IJO TEL. (416) 263-2231
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IN CAMERA.
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING, May 14, 1979
REPORT NO. : P--58-79
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SUBJECT: Town's Position Regarding O.M.B. Referrals of Durham
Regional Official Plan
3. Extension of Urban Boundaries (Newcastle Village)
R-62, Paramount Developments Ltd.
Official P1-an Amendment 78-34/D
BACKGROUND:
In early 1.977, Paramount Developments Ltd. requested
that that portion of the Durham Regional Official Plan, as it related
to their lands, be referred to the Ontario Municipal Board. The basis
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of the request was their desire to have the site redesignated from
"Permanent Agriculture" to "Industrial" and "Residential", a modifi-
cation that the Region was unwilling to make.
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In September 1978, the referrers submitted an application
for amendment to the Durham Regional Official Plan requesting a change
to "(d) Area for Future Development". This represented an attempt, on
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their behalf, to receive some form of development committment for their
lands irrespective of the timing of such development.
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Paramount:'s reasons for this request are based on
the following points.
1. Existing residential development renders permanent
agriculture a difficult operation due to land use
conflicts;
2. The site is capable of being serviced either by
private or municipal services;
3. The design capacity of municipal services is 10,000
persons while only 7,000 persons have been designated
as the population for Newcastle Village.
4. The property forms part of the logical development
envelope;
5. It appears that the designated population of 7,000
persons will be achieved very quickly based on pre-
sently submitted plans; and
6. The proposed method of defining future development
areas is consistent with the Regional Planning
philosophy as applied in Bowmanville although this
development may not occur for at least 20-25 years.
This application was circulated to various agencies for
their comments which are summarized as follows:
a) Durham Regional Works Department - The existing water supply
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system does not have the capacity to service the subject lands.
The future servicing scheme is designed on the basis of the urban
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area service boundary designated within the Durham Regional Official
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Plan. This scheme cannot be extended to service the lands without
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design re-evaluation and the possible establishment of a. second
pressure zone. That portion of the property within the former
Village limits is also within the design drainage area of the
sanitary sewer system and could, therefore, be serviced subject
to the availability of plant capacity and only if the maximum
population for the urban area does not exceed 10,000 persons.
b) Ministry of Agriculture and Food- Due to the high capability
of the site for agricultural production, the proximity of existing
intensive livestock operations and the fact that the proposed
use would be an intrusion within a rural area, the Ministry objects
to this proposal.
C.) Canadian Pacific Railw y -• In their opinion vacant land adjacent
to their right-of-way should be reserved for industrial uses which
would be more compatible with their operations than residential
uses. I:f the plan is amended to permit the proposed uses they
request that a number of conditions be met related to buffering
and security.
d.) Ganarask.a Conservation Authority - The Authority has no objection
at this time.
e) School Boards - The two Boards have no objection to the proposal.
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However, the Public School Board has indicated a need for a school
site within the area, if and when it develops.
STAFF COMMENTS
Based on our review of the application and the comments
received, related thereto, we have the following comments.
The design capacities for the sewage and water treatment
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plants limit the population within Newcastle Village to a maximum
of 10,000 persons. The draft Newcastle Village Urban Area Plan con-
templates a population of 9,400, which does not include the existing
(d) areas or Ridge Pine Park, and this plan must now be reviewed.
In light of Council's recent decision to supporythe Ridge Pine Park
proposal, it would be appropriate to further review the Newcastle
Village Urban Area Plan. In this regard, we may expect that the total
available servicing capacity will be allocated to existing and proposed
development, leaving no capacity for the subject site. Furthermore,
the amount of development presently proposed within the Village Urban
Area is expected to account for a large percentage of the anticipated
growth.
In fact, if we accept the most likely growth rates for
Newcastle, as suggested by the Durham Regional projections, the population
for Newcastle Village will only have doubled by the year 2000 and would
still be far short of the designated maximum. In light of a desire
to minimize potential impacts on the Village and preserve its character,
it is realistic to assume that, unlike Paramount's suggestion, the desig-
nated population will. not be achieved very quickly.
The applicants also suggest that existing residential
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development renders agriculture a difficult operation, and that the
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site forms a part of the logical development envelope. The Ministry j
of Agriculture is of the opposite position suggesting that this is a
rural area into which. urban uses should not be permitted to intrude.
The basis of their objection was, in fact, the site's high capability
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for agriculture and the presence of existing, productive, farming and
livestock operations.
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The potential of these lands for agriculture was
reflected in the Durham Regional Official Plan designation and sup-
ported indirectly by Council through Resolution C-78-107, which gave
support to the Ministry of Agriculture and Food and their "Green Paper
on Planning for Agriculture."
The argument that the Paramount lands form part of
the logical development envelope may prove more realistic when Newcastle
Vill-age reaches the mature state. However, at present, the Canadian
Pacific Railway right-of-way presents a "hard edge" to the existing
urban area. It is our opinion, that the physical limits of the Urban
Area are best defined by the Wilmot and Graham Creeks, being "soft"
but identifiable edges and the C.P.R. line, Highways 35/115, and 401
being "hard edges". Those lands south of Highway 401, while physically
separated from the Village, form a :Logical extension due to their capabil-
ity for being economically serviced and previous committments by Council
to residential and industrial uses in that area (CW-473-76) .
The applicants also suggest that their proposed designation
is consistent with the Regional Planning philosophy for defining future
development areas. While this may be true, the Durham Regional Official
Plan has already identified some 300 acres adjacent to the urban area
in that manner and as suggested by the Durham Regional Works Department,
either these lands or Paramount's could be serviced but not both.
However, the presently designated areas are the most logical, since they
fall within the identifiable limits of the urban envelope and are located
on the north and south sides of Highway 2, which is the principal arterial
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road within the Village.
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CONCLUSION:
The following factors are of prime importance to
determining the desireab:ility of redesignating the subject lands.
a) The Canadian Pacific Railway, which forms a hard edge
between this site and the existing urban area;
b) Redesignation would permit urban intrusion and
disruption of an agricultural area;
c) The extent of 'lands presently designated for urban uses
and a realistic time frame within which to permit growth;
d) The availability of services and the extent to which these
have already been committed to proposed development;
e) Previous Council committments to growth in and around
the Newcastle Village Urban Area which significantly
affect servicing capacities.
RECOMMENDATION:
That the Planning and Development Committee recommend to
Council the following:
1. That this report- be received; and that
2. The Region of Durham be advised that the Town of Newcastle
objects to the proposed amendment to the Durham Regional
Official Plan and supports their position relative to
referral R-62 presently before the Ontario Municipal Board,
affecting Part of Lots 26, 27 and 28, Concession 2, former
Township of Clarke; and that
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3. The draft Urban Area Plan for Newcastle Village be
lifted from the table and referred back to staff for
further review and/or revision, in light of Council's
recent resolution supporting the Ridge Pine Park proposal
(C-504-79) ; and that
4. Mr. D. Sims, Town Solicitor, be requested to attend
the hearings relative to this referral, on the Town's
behalf; and that
5. Town staff be authorized to attend those hearings as
requested by the Town Solicitor, D. Sims.
Respectfully submitted,
TTN:lb D. N. Smith, M.C.I.P.
April 30, 1979 Director of Planning.
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Committee of the 11hole - 4 - September 27th, 1976
Resolution qCW-473-76
Moved by Con. Hobbs, seconded by Con. Entwisle.
THAT it be recommc.aded to Council that the land area in the
former Village of Newcastle bounded on the west by Wilmot's
Creek, the south by Lake Ontario, the east by the Newcastle
Hcu.bour and Marina and Crahamis Creek, and the North by the
C.H.R. tracks and Highway 401 is in the opinion of this Council
a suitable planning block and with sewers and water now readily
.available and the Sol.andt Hydro Corridor defined the area
should be redesignated in the Official Plan from Major Open
Space to a Special Study Area to enable this Council to give
further and special study and attention pertaining to its
proper zoning.
Mr. Lovekinis Mr. Lovekin also spoke on his land west of the Village of
Land Adjacent Newcastle abutting Highways 35 - 115 and Highway 401.
to Highway 35/
115 Resolution #CW-474-••76
Noved by Con. Entwisle, ceconded by Con. Tinko
WHEREAS the construction of Highways Number 115 and 401 and
the proposed Solandt Hydro Corridor and the widening of the
C,.N„R. main line and the construction of a service road have
all seriously segmented this property;
AND Id1IEIZEAS the applicant has a decision of the Supreme
Court of Ontario registered on Title giving him legal acccs;,
to the abutting highway;
AIID WHEREAS the property concerned has been destroyed as a
viable agricultural entity and its highest and best possible
use mould appear to be of a Highway Commercial nature;
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NOW TIIEREFORL, this Council resolves that the Official Plan
Of the Region of Durham should be amended to authorize these
lands to be developed for such uses as a tourist information
centre, restaurant, museum, motel or hotel, sports complex or
similar and associated uses and that this redesignat:ion should
be made forthwith to enable Council to properly zone and
plan for a suitable land use.
"CARRIED”
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Ccuricil Minutes - 17 _. April 23rd, 197.)
&so.lut:ion U0504 -79
Moved by Councillor Holliday, seconded by Councillor Clarke ,
WHEREAS Pine Ridge Park Limited have resolved their expropriations
by Ontario hydro and the settlement issues between them;
AND WHEREAS the previous Councils of the Town of Newcastle iavc
supported the consent for a modification to the Regional OECicia.l
Plan to accommodate this development ;
AND WHEREAS the time constraints regarding Ontario Municipal
Board hearings are of the essence;
THEREFORE BE IT RESOLVED that this Council reconfirms, its approval
For a retirement mobile home on as much of the lands controlled
by Pine Ridge Park Limited as is surplus to Ontario Hydro ' s
actual right-of-way requirement and again request the Regi.or,
to consent to a modification to their Plan accordingly.
N yor Rickard ruled that the foregoing Resolution was out
of order, but was challenged by Councillor Holliday and the
Mayor 's ruling was not upheld by Council .
His Worship vacated the Chair in favour of Councillor Clarke
and on being put to a vote Resolution OC-504-79 was
Carried .
Resolution NC-505-79
Moved by Councillor Barr, seconded by Councillor Clarke.
By-Law THAT leave be granted to introduce By-Law No . 79-40 being c.
No. by-law to confirm the proceedings of the Council of the Town of'
79-40 Newcastle at the meeting held on April 9th, 1979 and that the j
said by-law be now read a first time,
"CARRIED''
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Resolution NC__506_79
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Moved by Councillor Barr, seconded by Councillor Clarke, j
THAT the second reading of By-Law No. 79-40 be approved.
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Recorded Vote
Councillor Barr. . . . . . . .Yen Councillor Holliday. . . . .Yo;.
Mayor Rickard. . . . . . . . . .Nay Councillor Prom . . . . . . . .Yc;:,
Councillor Cowman. . . . . .Nay Councillor Clarke. . . . . . .Yc;t
Councillor Hobbs . . . . . . .Yea
"CARRIED''