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HomeMy WebLinkAbout1971-09-02 Report No. 2yt Municipal Planning Consullants CO. LTD. Mr. Horace R. Best, Secretary -Treasurer, Clarke Planning Board, P.O. Box 219, Orono, Ontario. Dear Mr. Best: 400 MOUNT PLEASANT ROAD. TORONTO. CANADA. WS) 466-7777 September 2, 1971 Re: Consultants' Report No. 2 Applications for Rezoning Clarke Township Our File: PN: 3530 Please find enclosed twelve copies of Consultants' Report Number 2 and twelve copies of the Zoning By-law Amendment for the Wilkin property,together with the copies of the Notice and Explanatory Note. JELF/bc Encl. Seel Yours truly, MUNICIPAL PLANNING CONSULTANTS CO. LTD. John E. L. Farrow, M.T.P.I.C. TOWN PLANNERS . PROFESSIONAL ENGINEERS MUNICIPAL PLANNING CONSU 400 Mount Pleasant Road, CLARKE PLANNING BOARD Consultants' Report No. 1 2 TANTS CO. LTD. Toronto 295 APPLICATIONS FOR REZONING MARVIN - PART LOT 32, CON. 7 August 31, 1971 PN: 3530 Having reviewed the application and the comments received from the agencies contacted, we would make the following recommendations. This piece of land is surrounded by other lots on which development for residences can occur, therefore,provid- ing the details can be resolved,there would not seem to be any objection to the rezoning of this land. However, there are two important matters which need to be resolved. One is the suita- bility of the land for septic tanks. The report of the County Health Unit indicates that the most southerly lot is inadequate for septic tanks. We would advise,therefore, that the land be divided into two lots rather than three. Rezoning for develop- ment on two lots could then proceed when: - (a) The applicant provides the necessary soil borings and obtains the approval of the County Health Unit for the installation of septic tanks. (b) The applicant obtains a survey plan showing the top of the bank certified by an Ontario Land Surveyor. (The Plan already prepared may be adequate if a certification is obtained from the Ontario Land Surveyor stating that the top of the bank is accurately shown) This informa- tion is necessary for the preparing of the zoning by-law amendment. Once the above information is obtained ,the zoning by-law amendment can be prepared and processed. We suggest that the applicant be advised of the situation and asked to provide the additional information. MALLON - PART OF LOT 16,CONCESSION 3 It is our opinion that there are two steps necessary in reaching a decision on this application. The first is to decide whether the proposed overnight trailer site is satis- factory in principle.,and the second is to establish whether the detailed problems can be resolved satisfactorily. With regard to deciding on the application in principle, the following needs consideration: - (1) (a) The demand for the development proposed: It is undesirable the land should be developed for uses for which there is little or no demand. In this case, demand is very difficult to ascertain and because of our inability to assess this factor, the applicant should be given the benefit of the doubt. (b) The location of the site: A problem with this proposal is its location as it is over two miles via gravel roads to the nearest Provincial Highway or County Road. A location closer to major traffic routes,which would be the major source of demand would be desirable. If a camp site is successful in the location proposed,wear to Township roads will be increased by the extra traffic. Gravel roads require more maintenance than asphalt roads. (c) The costs and benefits to the Township: The assess- ment value and,therefore,the return in taxes will depend very much on the success of the operation. A small increase in the assessment is possible,but not certain. Increased costs to the Township will relate mainly to extra road repairs and are unlikely to be considerable. Costs and benefits could be expected to balance out. (d) The opinion of the surrounding residents: The petitions from the surrounding residents raise only one point which will not be dealt with under another heading,and that is as to the character of the campers. This is something which is difficult to be positive about and is largely a matter of judge- ment. The character of the people using the site is likely to be similar to others now using camping sites in the Township. We suggest that the Planning Board enquire as to problems concerning the conduct and character of campers on other sites if they do not already have knowledge of the situation. The decision will ultimately depend on Planning Boards' assessment of the likely problems. After considering the above matters,the Planning Board should reach a decision on whether the application is satis- factory in principle. If the application is not approved, the applicant should be advised so that he does not waste any money on getting detailed surveys,etc. If the application is approved in principle, the following matters of detail will require resolution,and it is up to the applicant to demonstrate to you that the matters are resolved to the satisfaction of the various bodies who have expertise in the fields concerned. (2) (i) Water Supply - The Ontario Water Resources Commission is concerned (as well as adjacent protestors) about the adequate supply of water. The applicant should approach the Ontario Water Resources Commission to determine what tests are required to ascertain whether there is sufficient water and whether adjacent wells will be affected. (ii) Flood Area - The applicant should prepare a plan showing where he proposes to locate his camp sites, wells, septic tanks and approach the Conservation Authority for their approval. (iii) Sewerage Disposal - The applicant should submit the same plan to the Health Unit for their approval. . If these details are resolved,then there would seem no reason why a zoning amendment should not be passed (always supposing that it was approved in principle in the first place). 4. STEPHENSON - PART LOT 23,CON 1 . From a planning point of view, this application for rezoning, which would permit the erection of a single-family dwelling, is badly located. This application is away from community facilities, and extensive development of this type is expensive to the Municipality. The other point is that the site faces a major road, a number of similar applications receiving approval along this road would inhibit the function of the road for transporting through traffic and would also result in a reduction of the speed limit. Replies indicate that the various agencies so far contacted have no objection. However, if this application is considered for approval, a favourable reply from the Health Unit would also be necessary. In our opinion,the location of this development is not good and the application for rezoning should be refused. 5. WILKIN - PART LOT 9, CON 6;BLOCKS:"P" AND "S" LOTS 21 22 23 and 24 As there would seem to be no major objection to this application either from a general planning point of view or in detail, an amendment has been prepared and is enclosed,together with the Notice and Explanatory Note. Please note Rules 12 and 13 of the Ontario Municipal Board Rules of Procedure which require that you obtain advice from your Municipal Solicitor "as to the form and clarity" of by-laws and which suggest that he be consulted about form and content of affidavits, declarations,exhibits,etc. 0 Because of this, we have not prepared affidavits for your signature, but have tried to simplify your remaining work by compiling two procedures check lists and supplying outlines of the documents which should be submitted to the Ontario Municipal Board when applying for approval of the Amendment. The following check lists which are titled "Notice of By-law"and " Application to OMB" are only intended as guides. You should still consult the Ontario Municipal Board "Rules of Procedure". 6. O.M.B. PROCEDURES CHECK LIST A. Notice of By-law - to be accompanied by copy of subject by-law with maps (Rule 4) and summary or explanatory note. Except in Special Cases (Rule 3); use O.M.B. Form 103-B. Before applying for O.M.B. approval of each Restricted Area (Zoning) By-law or Amendment passed by Council, unless otherwise specified, send Notice to each of the following: - 1. All owners of land to which By-law applies; 2. All owners of land within 400 feet of land affected; 3. Planning Branch, Department of Municipal Affairs (2 copies) 4. Secretary of Planning Board. 5. Secretary of Conservation Authority; 6. County Clerk; 7. Secretary of local gas company (Union Gas); 8. Any person who has requested from Clerk a notice of application for approval of By-law. B. Application to O.M.B. - to be made no sooner than 14 days after the date of giving Notice of Application (See List "A"). Each application to O.M.B. for approval of a Restricted Area (Zoning) By-law or Amendment passed by Council, unless otherwise specified, shall be accompanied by each of the following: - 1. Affidavit or declaration proving that Notice required by O.M.B. has been given; and producing, as separately marked Exhibits, copies of: (4) (a) Required Notice in Form 103-B; (b) By-law, including map which forms part of it; (c) Summary or Explanatory Note, showing purpose and effect of By-law, present and proposed zoning, and lands affected; (d) List of names and addresses to whom Notice was sent, unless it went to all assessed owners, in which case, say so; (Note:- Consult Solicitor on marking Exhibits for items 2 and 3). 2. Affidavit or declaration that no objection or request for change received (Rule 8) and whether any supportors want Hearing Notice; and/or producing, as separately marked Exhibits, copies of: JELF/bc Encl. (a) Each objection received; and/or (b) Each request received for change in By-law provisions; (c) Names and addresses of supportors requesting Hearing Notice; (d) Report to Council on each objection or request for change; (e) Position to be taken by municipality on each objection or request. Respectfully submitted, MUNICIPAL PLANNING CONSULTANTS CO. LTD. John. E. L. Farrow,M.T.P.I.C. (5) Draft August 31, 1971 THE CORPORATION OF THE TOWNSHIP OF CLARKE BY-LAW NUMBER A By-law to amend Ey-law Number 1653 WHEREAS the Municipal Council of the Corporation of the Township 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 Schedule "A" Zone Maps of the By-law No. 1653 be amended by changing to M2 the zone symbol of the lands marked on Schedule "A" hereto as "Zone change to C". 2. 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., 197 • (SEAL) Reeve Clerk SCHEDULE "A TO BY- LAW NO. TOWNSHIP QF CLARKE THIS IS SCHEDULE "A" TO BY-LAW NO. .PASSED THE_ DAY OF 1197-. 0 z 0 r F- U F- W W F- V) SCALE IN FEET REEVE 300 O 300 - 600 DWG. N0. 3530-2 -CLERK MUNICIPAL PLANNING CONSULTANTS CO. LTD. NOTICE OF APPLICATION to The Ontario Municipal Board by The Corporation of the Township of Clarke for approval of a by-law to regulate land use passed pursuant to Section 30 of The Planning Act. TAKE NOTICE that the Council of the Corporation of the Township of Clarke intends to apply to The Ontario Municipal Board pursuant to the provisions of Section 30 of The Planning Act for approval of By-law passed on the day of 19 A copy of the by-law is furnished herewith. A note giving an explanation of the purpose and effect of the by-law and stating the lands affected thereby is also furnished herewith. ANY PERSON INTERESTED MAY, within fourteen (14) days after the date of this notice, send by registered mail or deliver to the clerk of the Township of Clarke notice of his objection to approval of the said by-law, together with a statement of the grounds of such objection. THE ONTARIO MUNICIPAL BOARD may approve of the said by-law but before doing so it may appoint a time and place when any objection to the by-law will be considered. Notice of any hearing that may be held will be given only to persons who have filed an objection and who have left with or delivered to the clerk undersigned, the address to which notice of hearing is to be sent. THE LAST DATE FOR FILING OBJECTIONS will be 19 (Here insert date, not holiday, at least fourteen clear days after date of notice). DATED at the of this day of 19 . Name of clerk with address where objections may be sent). Note to the Clerk The date of this notice must be not earlier than the last date of mailing or delivery, or the first date of publication, as the case may be. Form 103-B 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 as amended, a Comprehensive Restricted Area (Zoning) By-law affecting land in the Township of Clarke. Changes have been made to the by-law as follows: - This Amendment affects land in Kendal adjacent to Mill Street, Water Street and Manvers Street. The zoning on this land is changed from "Rural Residential" which allows generally residential use to "Commercial" which allows the operation of retail stores and restaurants. 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 consulted; these are available for inspection at the Township of Clarke Municipal Office during regular business hours.