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HomeMy WebLinkAbout1973-02-14 Report No. 11i Municipal Planning Consultants CO. LTD. 400 MOUNT PLEASANT ROAD . TORONTO M4S ZL6 . CANADA . (4161486-7777 February 14, 1973. Mr. Horace R. Best, Secretary, Clarke Planning Board, P. 0. Box 219,. Orono, Ontario. Dear Mr. Best: Re: Consultants' Report No. 11, Clarke Planning Board. Our File: PN 3530 . FED 1' 1973 C@erk's tDp+par90 eni c'.nv:i,sNa$ a Of C!",WCL As requested in your letter of January 26, 1973, we are pleased to enclose herewith twelve (12) copies of Consultants' Report No. 11 dealing with the Roy A. Foster Application. JELF/len Enclosures Yours very truly, MUNICIPAL PWNING(CO SULTANTS CO. LTD. I John E. L. Farrow, M.T.P.I.C. TOWN PLANNERS . PROFESSIONAL ENGINEERS MUNICIPAL PLANNING CONSULTANTS CO. LTD. February 12, 1973. 400 Mount Pleasant Road, Toronto, Ontario. PN: 3530 CLARKE PLANNING BOARD Consultants' Report No. 11 APPLICATION FOR ESTATE RESIDENTIAL SUBDIVISION ROY A. FOSTER - PART OF LOT 29. CONCESSION 6 1. TERMS OF REFERENCE Letter from Mr. Horace R. Best, dated January 26, 1973. 2. INTRODUCTION This is an application to permit a 20 -lot Estate Residential Subdivision on an area of approximately 51.3 acres in Lot 299 Conces- sion 6. 3. OFFICIAL PLAN AND ZONING BY-LAW DESIGNATIONS The proposed Official Plan designates the site Rural.. Estate Residential Development may be permitted in this designation provided certain conditions are satisfied. The site is zoned Agricultural in which category residential uses are permitted only on minimum 40 acre lots. 4. SITE FEATURES There is a slight depression in the site running in a generally south-westerly direction. The land slopes steeply at the southern end, and there is further slope on the western boundary. A stand of trees is located in the north-west corner of the site, but the bulk is grass -covered. (1) 5. ADJACENT DEVELOPMENT The adjacent lands are used predominately for Agricultural pur- poses. However, to the south of the lands in question are several estate -type residences on large lots. 6. DISCUSSION The proposed Official Plan outlines conditions under which Es- tate Residential Subdivision may take place. It is noted that a maximum of 50 lots are to be permitted in the period to 1976. This subdivision proposes to supply 20 lots, more than one-third of the total permitted in that time. There is also a requirement that all draft plans of subdivision be accompanied by an engineering report indicating the availability of an adequate water supply and the suitability of the soil for septic tank installations. In this instance, no such report accompanied the application. The draft plan of subdivision fulfills the requirements for min- imum lot area (2 acres). While the slope may be considered to add some topographic interest to the development, it is questionable whether the site possesses the "substantial physical attributes" mentioned in Section 3(10)(c)(viii) of the proposed Official Plan. Access to the subdivision is from a paved municipal road, while individual lots front on an internal subdivision street system. In these aspects, the proposal conforms to the policies of the proposed Official Plan. The subdivision design is not imaginative and isolates the required park dedication at the end of a cul-de-sac more than one-third of a mile from the lots in the south-east corner of the site. While we can appreciate the desirability of retaining the wooded area for public use, it would be preferable to locate the perk more centrally in the subdivision. 7. CONCLUSION The proposed Estate Residential Subdivision does not fulfill all the requirements of the proposed Official Plan as set out in Sec- tion 3(10)(c). Most serious is the omission of an engineering re- port. In addition, the lands offer only marginal attractiveness for Estate -type development, the number of lots proposed represents a (2) large pkdportion of the allocation to 1076 and the park location should be redesigned. A Zoning By-law Amendment would be required to accommodate the development if it was approved. A flexible policy concerning estate development was inserted in the Official Plan in order to allow each application to be assessed on its merits. It has been pointed out previously that such a policy requires more judgement from the Planning Board and Council. 8. RECOMMENDATION With only a limited amount of estate development possible, we feel that this should be restricted to the land which is best suited for this purpose. The site in question involves land which could be used for agri- culture and, in our opinion, the site characteristics are insuffi- ciently attractive (relative to other sites in the Township) to justify approving this proposed estate subdivision. Respectfully submitted, JELF/len PLANN G CON$ULTANT8 CO. LTD. John E. L. Farrow, M.T.P.I.C. (3) MUNICIPAL PLANNING CONSULTANTS CO. LTD. June 22, 1973. 400 Mount Pleasant Road, Toronto, Ontario PN: 3530 CLARKS PLANNING BOARD Consultants' Report No. 11 REZONING OF DAIRY PROPERTY 1. TERM OF REFERENCE In accordance with the instructions received from Mr. Best on June 4th, 1973, we have prepared the attached Zoning By-law Amend- ment. 2. THE BY-LAW This By-law rezones the property in question in a special Highway Commercial category which allows wholesaling of dairy supplies, retailing of dairy products, and two residential units. The By-law makes special provision Por setbacks, in view of the fact that the existing building to be converted is built with no setback from the side lot line and, in one place, crosses the lot line and is partially located on the public road allowance. In our view, special provisions regularizing the location of the building on the public road allowance are not advisable in the Zoning By-law, as the more important matter concerning title to the lend, on which the building is located, will still remain unresolved. We suggest that before the Zoning By-law is passed, advice should be obtained from the Township Solicitor as to how the matter might be resolved, and the legal implications of recognizing a change of use in the Zoning By-law for a property which is illegally located on a public road allowance. Respectfully submitted, MUNICIPAL PLANNING CONSULTANTS CO. LTD. Qk,y(. / JELF/kt John E. L. Farrow, M.T.P.I.C. Enclosures TOWNSHIP OF CLARKE AN EXPLANATORY NOTE TO BY-LAW NUMBER The following is a summary and explanation of By-law Number which amends By-law Number 1653, a compre- hensive Restricted Area (Zoning) By-law affecting land in the Township of Clarke. This By-law changes the zoning of a .69 acre parcel of land located on the north side of Taunton Road (part of Lot 27, Concession 6, Township of Clarke) to a special Highway Commercial category. The By-law permits the conversion of an existing building to contain two dwelling units and a commer- cial outlet. Commercial operations in the building will be restricted to the wholesaling of dairy supplies and retailing of dairy and related products. Since the building located on the lot does not con- form in all respects to the requirements of By-law Number 1653 relating to Highway Commercial zones, special provisions are included reducing the required lot area, lot frontage, and side and front yard setbacks. The above is a summary of the provisions of the Amendment to the Zoning By-law. For accurate reference, the Amendment and the original By-law Number 1653 should be con- sulted. These are available for inspection at the Township of Clarke Municipal Offices during regular business hours. Draft, June 22, 1973. THE CORPORATION OF THE TOWNSHIP OF CLARKS BY-LAW NUMBER A By-law to amend By-law Number 1653 WHEREAS the Municipal Council of the Corporation of the Town- ship of Clarke deems it advisable to amend By-law Number 1653, as amended. NOW THEREFORE the Municipal Council of the Corporation of the Township of Clarke ENACTS as follows: 1. That Map 1 of Schedule "A" to By-law Number 1653 be amended by changing to "HC -1" the zone symbol of lands so designated on Schedule "A-5" attached hereto. 2. That Section 7 of By-law Number 1653 be amended by adding thereto the following subsection 3: "7.3 Special Provisions (a) Taunton Road: HC -1 (i) Notwithstanding the provisions of Section 7.1, lands (being part of Lot 27, Conces- sion 6, Township of Clarke) shown on Schedule "A-5" attached may be used for the following purposes: No more than two dwelling units in a Non -Residential building provided that any dwelling unit constructed above the first floor shall be a minimum distance of 12 feet from the easterly lot line. A wholesale establishment for the sale of dairy products, dairy equipment and supplies. (1) A retail establishment for the sale of dairy products and related food products. (ii) Notwithstanding the provisions of Section 7.2: the minimum lot frontage shall be 125 feet, the minimum lot area shall be 0.69 acres, the minimum front yard depth shall be 9 feet, no side yard shall be required from the easterly lot line, the minimum setback from centre line of County Road No. 1 shall be 38 feet, a dwelling unit may be permitted on or above the first floor of a Non -Residential Building: (iii) No garage opening or other direct access shall be permitted on the east side of the subject building adjacent to the Road Allowance between Lots 26 and 2T." 3. That all other provisions of By-law Number 1653 shall apply. 4. This By-law shall become effective on the date hereof subject to receiving the approval of the Ontario Municipal Board. THIS BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THE DAY OF , A.D., 19T . (SEAL) (2) Reeve Clerk