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Home My WebLink AboutP-145-81 tf I I CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director HAMPTON,ONTARIO LOB 1 JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER 14, 1981. REPORT NO. : P-145-81 SUBJECT: Objections to By-law 81-66, being a By-law to Rezone certain lands in Part of Lot 25, in the Broken Front Concession, Village of Newcastle Clerk's File: 60. 35.106 Planning & Development File: Z-A-3-11-7 RECOMMENDATIONS: It is respectfully recommended that: 1. This Report be received; and 2. The following resolution be forwarded to Town Council i for adoption and for submission to the Ontario Municipal Board with By-law 81-66: "WHEREAS the Town of Newcastle has passed By-law 81-66 in fulfillment of the conditions of draft plan approval imposed by the Minister of Housing on Plan of Subdivision 18T-78006; AND WHEREAS By-law 81-66 is in conformity with the provisions of the Durham Regional Official Plan applicable to the sub- ject lands; G i 2 - AND WHEREAS the Town of Newcastle is satisfied that the density of the proposed development is not excessive and that the development of the subject lands will not create future traffic hazards(and that the development of the land does not represent a loss of agricultural land;) BE IT NOW RESOLVED THEREFORE that the Town of Newcastle hereby requests the Ontario Municipal Board to approve By-law 81-66 notwithstanding the objections received; and FURTHER requests the Ontario Municipal Board to convene anyjrequired public hearing in respect of By-law 81-66 at the earliest possible opportunity; and FURTHER hereby authorizes Town Staff to represent the Municipality at any such hearing that may be convened." BACKGROUND: By-law 81-66 was passed by Town Council on June 1, 1981 to permit the development of a seven (7) lot Estate-Residential subdivision proposed by Newcastle Shoreline Properties Limited in Part of Lot 25, Broken Front Concession, Village of Newcastle. The proposed Plan of Subdivision 18T-78006 was draft plan approved by the Ministry of Housing on April 14, 1980, in accordance with a recommendation adopted by the Town of Newcastle Council on February 27, 1980. Among the conditions of draft plan approval imposed by the Minister, were requirements that prior to the signing of the final plan by the Minister, we are to be advised that the proposed subdivision has been appropriately zoned and the necessary restricted area by-law approved pursuant to Section 35(10) of the Planning Act. This 3 - condition is listed as Number 4 in the Conditions of Draft Plan Approval imposed by the Ministry of Housing. In accordance with the procedures for implementing subdivision approvals, the necessary rezoning by-law was adopted as noted above. As a result of the circulation required on all restricted area by-law amend- ments, two letters of objection were received, (copies of the letters are attached to this Report for the information of the Committee) . COMMENT: Both letters of objection list three points on which objections to By-law 81-66 are based. Staff have reviewed the letters and offer the following comments in respect of the points included. In respect of point 1, Staff note that the approved subdivision plan contains seven lots with a total area within the plan of sixteen acres; the lots have an average lot area of 2.3 acres. The subdivision plan, as it is presently approved, is a substantial reduction from initial proposals submitted by the applicant for a larger area including lands to the north of the Lakeshore Road, the density of the proposal is not considered to be too high on this basis. Staff also note that the seven lots allow for additional residential development between the existing residential uses in proximity to the subdivision plan. In respect of point 2, Staff note that the matter of traffic along Lakeshore Road was addressed through separate conditions of draft plan approval whereby the owners will be providing for a road widening along Lakeshore Road and for the upgrading of Lakeshore Road in proximity to the seven lots in order to provide for proper access to the seven new units anticipated on the lands. Overall, Staff do not believe that the traffic i - 4 - generated from seven new residential units will exceed the capacity of Lakeshore Road or present a traffic operation problem. In respect of the third point regarding the loss of agricultural land, Staff note that this matter was addressed at the time of consider- ation of these lands through the Durham Regional Official Plan. The use of the land for seven building lots on the south side of Lakeshore Road does not, in the opinion of Staff, represent a serious loss of agricultural land; the parcel being subject to some slope considerations and not being of sufficient size to be a viable agricultural parcel. It is recommended that the Town Council proceed with the rezoning By-law 81-66 by forwarding same to the Municipal Board for consideration. Staff have drafted the appropriate resolutions for proceeding with the rezoning by-law; these are contained within the recommendations. Respectfully submitted, DNS:lb D. Smith, M.C.I.P. August 4, 1981 Director of Planning �~w,~ CORPORATION OF THE TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK ~\l / 40 TEMPERANCE S7nFLr /iLFP*0NEd3 u/, 8OWMxNV|LLE. 0NTxe|0 L)C3A6 STL July 7 1981 Mr. Douglas CroDk Lakeshore Road Concession Newcastle, Ontario Dear Mr. Cr0Dk: ' Re: Application for reZ0Oi00 of lands Part of Lot 25 , Broken Front Concession, Village Of Newcastle By-Law 81-66. Our File #60.35.106 ---------' This will acknowledge receipt Of your letter dated July 7 1981 . The concerns expressed in your letter will be brought to the attention of Council in due course. ' Yours truly, David W. Oakes , 8.M.C.T. Town Clerk UWOmUf Cc: Planning Dept.'~_~ Newcastle Shoreline Ltd. � | DISTRIBUTION CLERIK�- 5�1014 ..........♦ CK BY, MhAL TO. ... ... .. . . . COPIES TO: h CL L I 4cut FILE �Nk LlLc A L t1do k 6, (fa U- It fliz 1"CC u 1 T \vT 0- cn ,r, "',~ CORPORATION OF THE TOWN OF NEWCASTLE OFFICE DF THE TOWN CLERK ` 40 TEMPERANCE srnser /cI_EpI ION Em3-13 n , a0vv^��wV|LLE. ONT4R0 UC3x» NYC July 7 1981 FIJUL 9 Day, Wilson , Campbell 250 University Avenue /OrODtO, Ontario M5H 3E7 Dear Sir: K8: Application for r8ZOOiDg of laVdS Part of Lot 25 Broken Front C0DC2SsiOD, Village of Newcastle ` BY-Law 81-60. Our File #60. 35. 106 Your File 6 ---------------- This will acknowledge receipt of your letter dated June 30 1981 . The concerns expressed in your letter, on behalf of NS D0nOnlU Wi respecting the subject dVVljCatj0U will be brought L0 the att tjyx)0rC Council in due C0UrSC, 8U VO O� Yours truly, ~ David W. Oakes , A.M.C.T. T0NO Clerk UN0:DVf / CC: Planning ' ! Newcastle Shoreline Ltd, | DAY, WILSON , C' " '•' P B [-,' I-' I-, W CL R K1PIt AM1,11(I'I 1. RALPH F M,l('CIA VA H,0(' DONALD BMIDONAI D,Q,( RONALD Y W CAMPBL'LL JPPPREY K$Milli M.1.WHLLDRAKE,Q.C. ("It WOOLL('OMaR'o C WILLIAM PIL IPIUK BARRISTERS & SOLICITORS LRIC 11.RUS5 L+LL,Q( IIUOti M.Y.RLLY,QC OLRALD P DAY,QX ROBERT I.PALRY Sank Of Canada Building UOUGI AS C MITAVISH WAYNE D BAR rON 250 University Avenue Toronto f.a nuda X151 3[,7 HAROLD P.HANDS TPRRRNCE 1.TON(! RALPH P LEAN LINDA 1.UPRTOLDI 1 PAUL DILLON M DAWN M,(ONNI'Ll, Telephone (416) 593-4888 WILLIAM M PLCorI MARY A PORIPS Telex 06- 219697 GARY R SIHPF PETER D.LAIIWERS BRIE.N G Mc KENNA "Cciceapicr Please Relcrto File No 60/4611-999 June 30 , 198.1 i David W. Oakes , Esq. , AMCT, { i"-q Town Clerk, 40 Temperance Street, Bowmanville , Ontario L1C 3A6 . (' Dear Sir: Re : By-Law Number 81--66 We are solicitors for Ms . Donnalu Wigmore , the owner of the westerly portion of Lot 24 in the Broken Front Concession , Town of Newcastle. Ms . Wigmore ' s land lies between Lakeshore Road and the lake and is immediately to the east of lands involved in the above By-Law. Ms . Wigmore wishes to object to the passing of Lh( By- Law for the following reasons : (1) The density of the proposed development which will result is too high; z ndi.nq Lakeshore RUI-Id will not c,.Irl:y tllc DISTRIBUTI it ' onal traffic without danger; CLE RK:..C31. .�c.XbV..s bject lands are prime agricultural lands and shoule not be used for residential development. ACK BY: .. .... 9.. . . . . . . ORIGINAL TO: . . . . . . . . . . Yours very truly, COPIES TO: DAY , WILSON , CAMPBELL, Per cC. S. I-911ic re i