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HomeMy WebLinkAboutPD-284-87DN: 284-87 TOWN OF NEWCASTLE vv (rte) REPORT Fiie # .~~ }` Res. # /~ " ` ~` By-Law # P~E~IING: General Purpose and Administration Committee I~~' Monday, November 2, 1987 T #: D„ .,Q„ R~ FILE #:~7-~9/n SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - DAVID AND ANN COGHILL PART LOT 2g, CONCESSION 2, CLARKE FILE: 87-39/D RECOt~1EtdDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Couneil the following: 1. THAT Report PD-284-87 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends denial of Official Plan Amendment Application 87-39/D submitted by David and Ann Coghill; and 3. THAT a copy of Council's decision be forwarded to the Region of Durham and the applicant. BACKGROUND: On June 22, 1987, the Town was advised by the Region of Durham of an application submitted by David and Ann Coghill to amend the Durham Regional Official Plan to permit the creation of one (1) non-farm residential lot in Part Lot 2g, Concession 2, Clarke Township (see Key Map). The proposed lot would have a frontage of 22.85 m and an area of 1.422 hectare and would include Parts 2 and 3 as shown on the plan attached hereto. The area of Part 2, which fronts on Regional Road 17, is 1.6 ha. This portion of the existing unsevered lot is vacant, with Part 2 being zoned ...2 ..- .~ ~ ~~ 1 REPORT NO.: PD-284-87 PAGE 2 "Special Purpose Commercial (C4)" and Part 3 being zoned "Agricultural (A-1)" by By-law 84-63. The balance of the unsevered lot to the north, being Part 1, has an area of 1.12 hectares and is occupied by a commercial building. Part 1 is zoned "C4". The entire property is designated "Permanent Agricultural Reserve" by the Regional Official Plan. The Town and Regional Planning Departments circulated the subject application to the following agencies for comment: - Town of Newcastle Public Works Department - Town of Newcastle Community Services Department - Town of Newcastle Fire Department - Ministry of Transportation & Communications - Ministry of Agriculture and Food - Ganaraska Region Conservation Authority - Department of Health Services - Regional Works Department None of the agencies circulated indicated an objection to the subject Official Plan Amendment application. COMMENT: A site survey by Staff indicates that 8 non-farm residential lots with frontages similar to that of the proposed lot lie immediately to the south of the subject property. the areas of these lots are also similar to that portion of the proposed lot which fronts on Regional Road 17, being Part 2 of the Reference Plan. this strip of residential lots would appear to comply with both the Region's and the Town's criteria for the identification of rural clusters. The Regional Official Plan (Section 10.2.1.4) states that new residential development within a rural cluster may be in the form of infilling between two (2) dwellings or, in exceptional circumstances, as a minor extension such that one (1) additional lot may be created on the periphery of existing residential development within the boundary of the cluster as defined in the Zoning By-law. However, as Committee is aware, on January 13, 1986, Council requested the Region of Durham to permit the northerly extension of an existing watermain located on Regional Road No. 17 in order to provide municipal water service to residents along the road affected by contaminated wells. The primary reason for ...3 REPORT NO.: PD-284-87 PAGE 3 the extension of water service would be to resolve a long-standing problem of salt contamination of wells. Staff note that the petition submitted by the residents was signed by the Coghills and requested the extension of the watermain to the subject property. The water quality report prepared by the Ministry of the Environment indicated the well on the Coghill property, which is dug to a depth of 5.2m, has chloride levels within the required criteria but significantly elevated above background values. The well also has excessive nitrate levels. The chloride levels were attributed to seasonal use of salt on Regional Road No. 17 and the possible use of Calcium Chloride for dust control on the parking lot of the commercial building. The report also notes that the well on the lot immediately to the south of the proposed new lot is drilled into the limestone bedrock and had the worst water quality of the wells tested. The report speculated that the wells may be tapping water found in a fracture in the bedrock and that the subject well may be closest to the source. The report concludes that existing technology in the water treatment field is probably incapable of effectively treating the worst of these well supplies and deeper penetration of the bedrock would likely only result in a further deterioration from the present poor quality. In Report PD-3-86 which was considered by Committee on January 6, 1986, Staff strongly supported the extension of the water system, referencing the Official Plan Amendment that was approved for Bond Head. However, Staff indicated no further residential development should be permitted in this area as a result of such extension, noting the proximity to established agricultural uses and the impact upon the development potential of the Newcastle Village Small Urban Area. Staff therefore suggested that an amendment to the Regional Official Plan be approved to permit extension of municipal water services to areas of existing residential development outside of urban areas where a need has been demonstrated. Regional Planning Staff, in a report to Regional Planning Committee on April 14, 1987, recommended denial of the Town's request, citing the potential for ...4 rte,' ~~~ REPORT NO.: PD-284-87 PAGE 4 increased development pressures outside of designated urban areas. Planning Committee approved the recommendation; however, on April 22, Regional Council referred the matter back to Planning Committee for inclusion as part of the Regional Official Plan review. As stated earlier, the creation of the proposed new lot would appear to meet the criteria for identifying rural clusters. A redesignation of the triangle of land bounded on the west and north by Highway 35/115, on the east by Regional Road 17 and on the south by the CP rail line, to "General Agricultural" in the Official Plan would permit the identification of a rural cluster in By-law 84-63. In spite of the above, Staff cannot support the creation of the proposed new lot. Staff reference the history of contaminated wells in the area and the probability that any well on the proposed new lot would also supply water of questionable quality. Staff also note that the proposed new lot, as well as the adjacent lots, does not comply with the "RC" zone provisions of By-law 84-63. These provisions specify a minimum lot frontage and area of 30m and 3000 sq.m. respectively. The proposed new lot would only have a frontage of 22.86m. The area of the lot would be 1.42 ha; however, Staff note that, due to the irregular shape of the parcel and the requirements for health unit approvals residential development would likely be restricted to that portion of the site adjacent to Highway 35 thus exposing the residence to noise levels associated therewith. In addition, the "C4" zone requires commercial buildings, where abutting a residentially zoned lot, to have a minimum interior side yard of 10m. The proposed interior sideyard of the commercial building is only 9.28m thus necessitating an adjustment to lot lines if approved. ...5 ~.'~) REPORT NO.: PD-284-87 PAGE 5 Based on the considerations relative to water supply discussed above and in the absence of an Engineering Report based upon test drilling establishing the availability of a potable water supply, it is recommended that the Region be advised that the Town of Newcastle recommends denial of Official Plan Amendment application 87-39/D. Respee ed, ®z®-----®.~.._®®®®®®_® T.T. Edwards, M.C.I.P. Director of Planning JAS#TTE~jip ~Attaeh. October 22, 1987 APPLICANT: David and Ann Coghill P.O. Box 521 NEWCASTLE, Ontario LOA 1H0 Recommended for presentation to the Committee tseff rative Officer 0 I. i I'~ I ~ ~I 8 7-3 9/D ®PROPOSED SEVERED LOT PROPOSED RETAINED LOT ®SUBJECT SITE 35 34 33 32 3 I 30.29 28 27 M 'ONG RQ4D'4 ' M I 1 Z I a 1 I ) Z ° 1 IQ~ a N & ~, ; ) N U ° 1 ~ - ~ o ' W A-11 I E z z O 1 EP x ~ O U r)c. 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