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HomeMy WebLinkAbout04/02/1990 TOWN OF NEWCASTLE '-' General Purpose and Administration Committee April 2, 1990 Minutes of a regular meeting of the General Purpose and Administration Committee held on Monday, April 2, 1990 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Councillor P. Deegan Councillor D. Hamre Councillor L. Hannah Councillor K Hooper Councillor F. Stapleton Councillor A. Wotten Absent: Mayor M. Hubbard (On Municipsl Business) Also Present: Chief Administrative Officer, L. Kotseff Director of Community Services, J. Caruana Fire Chief, M. Creighton Director of Public Works, W. Evans Treasurer, M. Marano Director of Planning and Development, F. Wu Deputy Clerk, M. Knight "" Councillor Hamre chaired this portion of the meeting. MINUTES Resolution #GPA-248-90 Moved by Councillor Deegan, seconded by Councillor Wotten , THAT the minutes of a Special Meeting of the General Purpose and Administration Committtee held on Friday, March 9, 1990 and reconvened on March 19, 1990 be amended as follows: Resolution #GPA-175-90 - Moved by Councillor Hamre Resolution #GPA-177-90 - Moved by Councillor Hamre, seconded by Councillor Stapleton and approved as amended; and THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on March 19, 1990, be approved. "CARRIED" '"'" 2,' , i; G.P.A. Minutes '-' PUBUC HEARINGS '-' ."" - 2- April 2, 1990 Resolution #GPA-249-90 Moved Councillor Wotten, seconded by Councillor Deegan THAT Dickson Wood be added to the list of delegations. IlCARRIED" As required under the new Planning Act [Section 34(12)], Council is holding public meetings prior to either adopting or rejecting the following: (a) Proposed Zoning By-law Amendment - Part Lot 31, Concession 3, former Township of Darlington - Kingsberry Properties; (b) Proposed Zoning By-law Amendment - Part Lot 31, Concession 3, former Township of Darlington - Kingsberry Properties; and (c) Proposed Zoning By-law Amendment - Part Lot 30, Concession 3, former Township of Darlington - Kingsberry Properties. The Chairman asked if there were any persons present wishing to speak to these matters. Several people indicated a desire to speak. Before proceeding with these matters, the Chairman asked the Deputy Clerk to advise on the manner of notice. The Deputy Clerk advised that: (a) Public Notices were mailed to all property owners within 120 metres by March 2, 1990; (b) Notices of the public meetings were posted on each of the sites by March 2, 1990; and (c) The notices comply with the regulations under the Planning Act. The Chairman announced that any persons wishing further notice of the passage of the by-laws, if passed, to please leave their name, address and telephone number with the Deputy Clerk before they leave. The Chairman called on the Director of Planning and Development to briefly describe the purpose and effect of the by-laws and how the by-laws accomplish the stated purposes. The purpose and effect of the by-laws are as follows: (a) Kingsberry Properties - to permit the development of a residential pian of subdivision comprised of 19 units - one (1) single family and 9 link lots; 202 G.P.A. Minutes '-' PUBLIC MEETINGS '-' ~ - 3 - April 2, 1990 (b) Kingsberry Properties - to permit the development of a residential pian of subdivision comprised of 116 units - 14 single family and 51 link lots; and (c) Kingsberry Properties - to permit the development of a residential pian of subdivision comprised of 50 single family dwellings. The Chairman announced that questions may be asked concerning the manner of notice or the purpose and effect of the by-laws and that all questions must be asked through the Chair. The Chairman announced that Committee would hear from the objectors, then anyone in support, with the applicant speaking last. (a) Kingsberry Properties - Report PD-113-90 EvyIin Stroud, 89 Little Avenue, BowmanviIIe, L1C 1J9, expressed concern and requested clarifIcation of Paragraph 4.1 of Report PD-113-90 which states that "the subject Iand is vacant of any structures and has recently had the majority of its vegetation removed.' Ann Cowman, 55 DarHngton Boulevard, Oshawa, LlK 1A1, noted strong opposition to this project because it is a further intrusion into the environmental protection area. This area has been subject to several planning studies. This proposal would set an undesirable precedent and would have a disastrous effect on the ecology of the creek. The subject site has been totally cleared of all vegetation including trees. Approval of this application would cause total destruction of the headwaters. Noone spoke in support of the application. Mark Foley, P.O_ Box 11, 319 College Avenue, Oshawa, L1H 7K8, was present to answer questions from the Committee and advised that no trees have been removed from this site. He informed the Committee that the proposed subdivision can be accessed from the north and the south. (b) Kingsberry Properties - Report PD-114-90 EvyHn Stroud, 89 Litt1e Avenue, Bowmanville, L1C 1J9, expressed concern and requested clarifIcation of Paragraph 4.1 of Report PD-113-90 which states that "the subject Iand is vacant of any structures and has recently had the majority of its vegetation removed." Noone spoke in support of the application. Mark Foley, P.O. Box 11, 319 College Avenue, Oshawa, LlH 7K8, advised that part of the Iands had been cleared before his purchase of this property. Some selective tree cutting has been undertaken by Kingsberry Properties. ) (' i; .. J . G.P.A Minutes \w- PUBLIC HEARINGS DELEGATIONS '-' \",.. - 4- April 2, 1990 (c) Kingsberry Properties - Report PD-1l5-90 Noone spoke in opposition to this application. Walter Kranz!, 289 Huntingwood Drive, Oshawa, LlJ 7C6, supports this application as he owns Iand adjacent to the Kingsberry Properties and feels that the area needs a thorough clean up. He noted that the removal of dead trees and wild vegetation would improve the aesthetics of the area and diminish the excessive number of mosquitoes. Mr. Kranzl owns approximately 25 acres and wishes to eventually develop his Iand. Mark Foley, P.O. Box 11, 319 CoJlege Avenue, Osbawa, LlH 7K8, advised that Mr. Courtice, the previous owner, had cleared a large area of vegetation before his purchase. This site is designated Residential and Environmental Protection. Trees will be preserved where it is environmentally necessary. Mr. Foley will adhere and respect environmentally sensitive areas and it is his intention to comply with the planning process. (a) Kathryn Harrison, Jones and Jones, 58 _lAnd Road West, Oshawa, L1G 2V5 - re: Report PD-117 -90 - was called but was not present until later in the meeting (see page 6). (b) Ron Strike, Strike, SaImers & Furlong, Barristers, 38 King Street West, BowmanviDe, LIe 1R2 - re: Reports PD-117-90 and PD-1l8-90. Mr. Strike advised the Committee that he fully concurs with the recommendations in Report PD-118-90. Mr. Strike circulated a petition with approximately 24 signatures of adjacent home owners who strongly oppose the application of Bos Van Andel - Report PD-117-90. These residents are still not satisfIed in spite of the revisions which have been made to the draft plan of subdivision. Their concerns pertain to: - loss of privacy - noise - drainage (water run-om - loss of aesthetics and obstruction of their view - property devaluation - unacceptable traffic - lack of playground area. Mr. Strike requested that the Committee deny this application in spite of its amended form. 204 G.P.A. Minutes \.. DELEGATIONS '-' '-' - 5 - April 2, 1990 (c) NJCk Zondervan, R.R.#2, Newcastle, LOA lHO, - re: Report PD-119-90 _ requested that the Committee approve his application for an Official Pian Amendment in spite of the fact that the Ministry of Agriculture objected to this application because it does not conform with the 'Food Land Guidelines". He stated that 7 acres of Iand are not commercially viable and that adjacent owners are encouraging the approval of his application. (d) Gerald MacDonald, 28 Penfound Drive, Bowmanvi1Je, L1C 3K1, - re: Report PD-123-90 - circulated a petition with approximately 130 signatures of surrounding residents requesting that the trees located at the east end of the proposed street "F' be preserved by extending the environmental protection zone to include this area. He distributed eight photos of the existing trees for the Committee's perusal. (e) John Gra,y, 10 Wallbridge Court, Bowmanvi1Je, L1C 4B6, - re: Report PD-123-90 . noted several concerns pertaining to paragraphs 8.9, 9.2, 7.2, 8.5 and 8.13 of Report PD-123-90. He requested that, when the new playground is in place, the Town allocate sufficient funds to create a barrier to stop people from trespassing on home owners' properties in order to access the park. (f) Jaek JuIicher, 50 Penfound Drive, Bowmanville, L1C 4C3, - re: Report PD-123-90 - requested that the trees be kept in their natural state. It is his wish that, during construction, the developer maintain order in keeping the site clean, tidy and dust free. (g) Ted Ciecuira, 385 The West MalI, Suite 303, Etobicoke, M9C 1E7, - re: Report PD-123-90 - displayed the original draft pian of subdivision and the 2 revised versions. He advised that the fInal pian includes a medical/dental and a small commercial plaza. It creates a new intersection with Highway 57 which removes the previous dangerous intersection to the south. Berming and fencing along the railroad tracks will be undertaken for safety purposes. Since the creation of the original staff report, most of the Conservation Authorities' concerns have been addressed. Three lots have been reserved for the Separate School Board. The Regional Works Department is satisfIed that the proposed density is acceptable. The fInal pian addresses the creation of 896 units not 891. (h) Dickson Wood, Corporate Secretary, St. Marys Cement, 2200 Yonge Street, Toronto, M4S 2C6, was present to advise the Committee of St. Marys Cements' operations. He advised that in December, 1988, an application was submitted for a pian of expansion, in March, 1989, application for the expansion of the dock was made and in September, 1989, a public meeting was held pertaining to expansion and ongoing operations. No change has been made to the original requests. Alternate fuels will not be used. St. Marys Cement's activities are heavily regulated by numerous Municipal, Provincial and Federal jurisdictions and his organization always has, in the past, complied with these regulatory bodies. 205 G.P.A. Minutes """ DELEGATIONS -- - 6 - April 2, 1990 He stated that the request for the expansion of the dock is for an existing use which has been in place for many years and will only be a reconfIguration of the storage areas. Mr . Wood stated that ongoing discussions are held with neighbours and he extended an open invitation to all to visit the site. St. Marys Cement will hold a meeting in the Spring to address concerns of the nearby residents pertaining to dust, noise and truck traffic. A subsequent meeting will be held at a later date to address shoreline erosion and quarry blasting. (a) Kathryn Harrison, Jones and Jones, 68 R~'Dnd Road West, Osbawa, L1G 2V5, - re: Report PD-1l7-90 - appeared on behalf of the applicant and fully concurs with the recommendations in Report PD-117 -90. The applicant is willing to adhere to all planning criteria. The amended proposal reflects a decrease from 41 to 31 units. She referred to the 10- unit and the ll-unit buildings which will be 2 112 stories high. Drainage and traffic studies have been completed. A noise evaluation report and vibration study indicate that the noise and the vibration levels are within the guidelines. The existing trees and additional Iandscaping will create a buffer from the back of the property. She advised that 145 petitioners in opposition to this proposal were invited to attend a meeting with the developer, however only 3 couples were present at the meeting to provide input. Resolution #GPA-250-90 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT the Committee recess for lunch at 11:50 a.m. "CARRIED" PLANNING AND DEVELOPMENT The meeting reconvened at 1:00 p.m. Rezoning FGngsberry Properties 60.35.595 60.35.594 60.35.593 '" Resolution #GPA-251-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT Reports PD-113-90, PD-114-90 and PD-1l5-90 be received and referred back to Staff for the preparation of a report which addresses the delegations' concerns pertaining to removal of vegetation from the subject lands. "CARRIED" 206 G.P.A. Minutes ~ - 7- April 2, 1990 PLANNING AND DEVELOPMENT Amendment to Comprehensive Zoning By-law with Respect to Prohibiting Video Arcades 60.35.6 '-' Rezoning and Official Pian Amendment Bos Van Andel 60.30.187 60.35.417 '-' Resolution #GPA-252-90 Moved by Councillor Hooper, seconded by Councillor Stapleton THAT Report PD-116-90 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, to prohibit video arcades or similar uses, be approved; THAT the amending by-law attached to Report PD-1l6-90 be forwarded to Council for approval; and THAT a copy of Council's decision be forwarded to the interested parties attached to Report PD-116-90. "CARRIEDll Resolution #GPA-253-90 Moved by Councillor Deegan, seconded by Councillor Hannah THAT Report PD-117-90 be received; THAT the Region of Durham be advised that the Town of Newcastle recommends APPROVAL of the Official Pian Amendment application, as amended to permit the introduction of a Medium Density (M) symbol in N eighbourhood 2A in accordance with Attachment # 1 to Report PD-117-90; THAT the property be rezoned for a maximum of 31 units; THAT the amending by-law be passed at such time as the related Official Plan Amendment has been adopted by Regional Council and a Site Pian Agreement has been executed; THAT provision be made for playground space and playground equipment in the Site Pian Agreement; THAT the Region of Durham and those parties listed in Report PD-117-90 be advised of Council's decision; and THAT the Region of Durham Planning Department be forwarded a copy of Report PD-117-90. "CARRIED' 207 G.P.A. Minutes - 8- April 2, 1990 '-' PLANNING AND DEVELOPMENT Rezoning Resolution #GPA-254-90 Midwalsh/Hillhall Development Companies Moved by Councillor Stapleton, seconded by Councillor Hannah 60.35.482 THAT Report PD-118-90 be received; THAT the rezoning application submitted by Ron Strike on behalf of MidwaIshIHillhall Development Companies be APPROVED and the necessary by-law forwarded to Council once the Site Pian Agreement has been executed; and THAT the interested parties listed in Report PD-118-90 and any delegation be advised of Council's decision. 'CARRIED" omcial Pian Amendment Resolution #GPA.255-90 Mr. Zondervan 60.30.235 Moved by Councillor Stapleton, seconded by Councillor Deegan THAT Report PD-119-90 be received; '-' THAT the Omcial Pian Amendment application submitted by Mr. Zondervan to amend the Regional Official Pian to permit two (2) non-farm residential lots be recommended for DENIAL to the Region of Durham; and THAT the Region of Durham Planning Department and those persons listed in Report PD-1l9-90 and any delegation be advised of Council's decision. lICARRIED" Exemption from Part Lot Control Kingsberry Properties 60.2.33 Resolution #GPA-256-90 Moved by Councillor Hannah, seconded by Councillor Stapleton THAT Report PD-120-90 be received; THAT the request submitted by Kingsberry Properties for removal of Part Lot Control on Lots 3 to 32 inclusive, on Pian 10M -834 be approved; THAT the by-law attached to Report PD-120-90 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 49(7) of the Planning Act; and THAT Kingsberry Properties be so advised. '-' "CARRIED" :ZU8 G.P.A. Minutes ~ - 9 - April 2, 1990 PLANNING AND DEVELOPMENT Exemption from Part Lot Control Kiddicorp Investments Limited 60.2.34 '-' Town of Newcastle Street Name Change "Manver Street" to "George Manners Street" former Village of Newcastle (Bondhead) 77.2.2 Subdivision West Bowmanville Developments Ltd. 60.46.230 '- Application to Amend the City of Oshawa Official Pian Cramac Investments Limited 60.30.2 Resolution #GPA-257-90 Moved by Councillor Deegan, seconded by Councillor Wotten THAT Report PD-121-90 be received; THAT the request submitted by Kiddicorp Investments Ltd. for removal of Part Lot Control on Lots 53 to 95 inclusive, on Pian 10M -833 be approved; THAT the by-law attached to Report PD-121-90 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 49(7) of the Planning Act; and THAT Kiddicorp Investments Limited be so advised. "CARRIED" Resolution #GPA-258-90 Moved by Councillor Deegan, seconded by Councillor Stapleton THAT Report PD-122-90 be received; THAT By-law 86-112, being a by-law to establish a Street Name Map and Street Name Inventory in the Town of Newcastle be amended to change the name of 'Manver Street" to "George Manners Street' within the former Village of Newcastle (Bondhead); and THAT Council authorize the Mayor and Clerk to execute a by-law to amend By-law 86-112 being a by-law to establish the Street Name Map and Street Name Inventory in the Town of Newcastle. "CARRIED" Resolution #GPA-259-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT Report PD-123-90 be tabled until the General Purpose and Administration Committee meeting of May 7, 1990 to allow Staff to review the applicant's revised Pian of Subdivision and. address the neighbouring residents' concerns. "CARRIED' Resolution #GPA-260-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT Report PD-124-90 be received; 2U9 G.P.A. Minutes -10- April 2, 1990 '-' PLANNING AND DEVELOPMENT THAT the Region of Durham be advised that the Town of Newcastle has no objection to Official Pian Amendment Application 89-110/0 submitted by Cramac Investments to permit the establishment of a medical clinic on King Street East in the City of Oshawa; and THAT a copy of Report PD-124-90 and Council's decision be forwarded to the Region of Durham Planning Department and the City of Oshawa Planning Department. "CARRIED" Bill 170 - An Act To Revise Several Acts Related to Aggregate Resources 35.31.5 Resolution #GPA-261-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT Report PD-125-90 be received for information. 'CARRIED" Request for Reduction Resolution #GPA-262-90 in the Regulatory Flood Standard for the Moved by Councillor Deegan, seconded by Councillor Stapleton Darlington Creek ''-"' Watershed THAT Report PD-126-90 be received; 60.35.381 THAT the Ministry of Natural Resources be requested to delay its closure of the file with respect to reducing the Regulatory Flood Standard for the Darlington Creek Watershed in order to allow the supporting studies to be completed; and THAT a copy of Report PD-126-90 and Council's decision be forwarded to the Ministry of Natural Resources, the Central Lake Ontario Conservation Authority, the Region of Durham Planning Department and Mr. J. Silva. "CARRIED" The Director of Planning and Development was requested by the Committee to schedule a meeting with the Town Solicitor pertaining to the Town of Newcastle's Tree Cutting By-law. CLERK'S DEPARTMENT No reports were considered under this section of the agenda. '-' 210 '-' '-'" '-' G.P.A. Minutes TREASURY Cash Activity Report February, 1990 Part A 10.57.9 FIRE DEPARTMENT - 11 - April 2, 1990 Councillor Deegan chaired this portion of the meeting. Resolution #GPA-263-90 Moved by Councillor Wotten, seconded by Councillor Hooper THAT Report TR-15-90 be received; THAT, in accordance with provision of Chapter 302, Section 81 (1) of the Municipsl Act, R.S.O. 1980, the Treasurer reports to Committee that the cash position of the Town of Newcastle for the month ended February 28, 1990, is as shown on the schedule attached to Report TR-15-90; and THAT Part A of the expenditures for the month of February, 1990 be confIrmed. 'CARRIED" No reports were considered under this section of the agenda. COMMUNITY SERVICES DEPARTMENT Councillor Stapleton chaired this portion of the meeting. March Break 1990 Program Review 68.31.4 Rotary Club of Bowmanville Soper Creek Project Resolution #C-618-85 16.7.152 Sunday Swimming Lessons Resolution #GPA-264-90 Moved by Councillor Wotten, seconded by Councillor Hannah THAT Report CS-OS-90 be received for information. "CARRIED' Resolution #GPA-265-90 Moved by Councillor Hamre, seconded by Councillor Deegan THAT Report CS-09-90 be received for information. 'CARRIED" Resolution #GPA-266-90 Moved by Councillor Hooper, seconded by Councillor Hamre THAT the Committee endorse the actions of the Community Services Department in implementing Sunday morning swimming lessons. 'CARRIED" 211 G.P.A. Minutes - 12 - April 2, 1990 '-" Councillor Hannah chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Traffic Congestion Resolution #GPA-267-90 At Church and George Streets, Bowmanville Moved by Councillor Deegan, seconded by Councillor Stapleton 77.2.102 THAT Report WD-27-90 be received for information; and THAT a copy of Report WD-27-90 be forwarded to Mr. George Brooks. "CARRIED' Sidewalks in the Village of Newcastle 18.2.119 Resolution #GPA-268-90 Moved by Councillor Hamre, seconded by Councillor Hooper THAT Report WD-28-90 be received for information; and THAT a copy of Report WD-28-90 be forwarded to Mr. Robert GrifTm. lICARRIED" Request to Pre-Service Resolution #GPA-269-90 '....... Pian of Subdivision 18T-89013 Moved by Councillor Hamre, seconded by Councillor Wotten 60.46.248 THAT Report WD-29-90 be received; THAT the Mayor and Clerk be authorized to execute an agreement with the Liza Developments (621182 Ontario Limited) containing appropriate provisions to satisfy the terms set out in Attachment No. 2 to Report WD-29-90 FORTHWITH; THAT Liza Developments be permitted to pre-service the road allowances shown on the approved draft pian of subdivision (18T-89013) conditional on the execution by it of the agreement referred to in Recommendation No.2; and THAT Mr. Fari Farivarz be advised of Council's decision. IlCARRIED" Public Works Dept. Resolution #GPA-270-90 1990 Vacation Shutdown 10.12.115 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT Report WD-30-90 be received; '-' THAT the 1990 Public Works Department, two week Vacation Shutdown be scheduled from Monday, July 23 to Friday, August 3, 1990, inclusive; and ? 1 ~ "- (! G.P.A. Minutes -.... - 13 - April 2, 1990 PUBLIC WORKS DEPARTMENT Request for Encroachment - 32 Hunt Street Bowmanville ADMINISTRATOR ,'-' UNFINISHED BUSINESS By-law - Weight Restriction - Commercial Vehicles 77.2.3 OTHER BUSINESS '-' THAT minimum staff be retained to provide essential services in the Public Works Department. IICARRIEDll Resolution #GPA-271-90 Moved by Councillor Hamre, seconded by Councillor Wotten THAT Report WD-31-90 be received; and THAT Mr. Mervyn B. Kelly be advised that Council will pass a by-law to permit 0.122 metre (0.4 feet) encroachment onto Park Street upon receipt of the necessary documents and subject to the applicant paying all costs associated with the encroachment permit FORTHWITH. lICARRIED" There were no reports considered under this section of the agenda. Resolution #GPA.272-90 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT the Addendum to Report WD-26-90 be received; THAT Report WD-26-90 be lifted from the table; THAT the by-law attached to Report WD-26-90 be forwarded to Council for approval; and THAT Council pass a by-law authorizing the Town of Newcastle to issue permits in accordance with Section 93, Subsection 1, 2 and 3 of the Highway Traffic Act. nCARRIED" Resolution #GPA.273-90 Moved by Councillor Deegan, seconded by Councillor Hamre THAT the Town of Newcastle request the Minister of the Environment to endorse the Port Darlington Community Association's request that the expansion of St. Marys Cement Company be subject to a full Environmental Assessment Hearing. 'MOTION LOST" 21.3 -..... ~ '-' G.P.A Minutes OTHER BUSINESS ADJOURNMENT - 14- April 2, 1990 Councillor FfRnnRh advised the Committee that a meeting of the Waste Management Committee has been scheduled for April 10, 1990 and Helen MacDonald will be in attendance. Resolution #GPA-274-90 Moved by Councillor Hamre, seconced by Councillor Wotten THAT the meeting adjourn at 1:35 p.rn. IICARRIEDl! , .tJ~y,~ 1Jhairman, piatuili,g epartment ~d Dep 214