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Home My WebLink About75-147Report No. 149 REZONING APPLICATION FOR HOD4E SMITH PROPERTIES LIMITED: Purpose of Application: An application was received on Februayr 149 19759 regarding Block E9 R.P. 6939 Township of Clarke (Taunton and Robin's Rd.). The applicant is requesting an amendment to the Clarke Zoning By-law to permit the construction of a Local Commercial outlet on this 1.12 acre site. Official Plan Provisions: The site is designated "Environmental Protection Area" in the Interim District Plan. Lands are placed in this category because they are "hazard lands" or because they have "unique natural features which should be protected from development". The erection of a permanent building and the placing of fill are not permitted in these area, "except in accordance with the regulations of the local Conservation Authority". The erection of a building on this site would require consid- erable fill. For this reason, the applicant's proposal contravenes two provisions of this designation. Zone Provisions: The site is zoned "Open Space" in the Clarke Zoning By-law. This zoning would not permit the erection of a commercial, outlet on these lands. The a,)plicant would require a commercial zoning to permit this development. 2 - Circulation of Application: The application was circulated to the following agencies for comment. (1) The Ontario Provincial Police (2) The Ministry of the Environment (3) The Durham Works Department (4) The Durham Health Unit (5) The Ministry of Natural Resources (6) The Ganaraska Conservation Authority (7) The Newcastle Works Department (8) The Newcastle Building Department (9) The Newcastle Fire Department The Ministry of the Environment did not reply and was assumed to have no comment at this time. Resume of Comments: 1. The Ontario Provincial Police - stated that they had no objections to this proposal. 2. The Durham Works Department - stated that they had no objections to the proposal, but requested that any approval should be made sub- ject to the following conditions: (1) that the applicant agree to dedicate 17 feet across the entire frontage of the property on Regional Road #4, to the Regional Municipality of Durham, for road widening purposes. (2) that the applicant agree to the dedication of a 1 foot reserve across the entire frontage of the property abutting Regional Road #4 including the remaining portion 3 - 2. The Durham Works Department - (continued)...... (2) of the daylight triangle. (3) that the entrance to the site from Robins Road be set back a minimum of 150 feet from the south property line of Regional Road 4. (4) that final approval for construction of this proposal be made conditional on adequate water capacity being available at the time of construction. (The provision of municipal water to this site would not be possible until the new well has been connected to the system. The developer would be required to pay the cost of extending the existing 6" watermain 500 feet to con- nect the proposed development to the water system). 3. The Durham Health Unit - stated that the subject property is low lying and swampy and appears to be located on the flood plain and is, therefore, not suitable for the installation of a private sewage disposal system in its present state. It was recommended that the application not be approved at least until such time as the following information is provided to the Health Unit. (1) written approval from the Conservation Authority (2) detailed plot plan showing exact location of build- ing, type and extent of business proposed (3) determination by the Health Inspector upon receipt of above information whether or not fill could be provided to ensure a suitable area for septic tank tile bed 4. The Ministry of Natural Resources - recommended that the applica- tion not be approved. The reasons given can be summarized as follows° (1) the site is forested, supporting a.stand of mature cedars. The wooded area and stream are aesthetically pleasing and would provide a more adequate buffer from traffic on Taunton Road than a commercial devel- opment 4 - (continued)....... (2) this land is low lying and swampy and is in the flood plain of the Orono Creek. There was concern that building and fill on this site would increase the silt load, and harm trout spawning beds and the Orono Mill pond (3) replacing the natural forest cover with an intensive use development will greatly increase the surface runoff. 5. The Ganaraska Conservation Authority - recommended that the appli- cation not be approved. They stated that on the site is low- lying and on the date inspected, April 14, 1975, water covered more than 50% of the property. Standing water and ice were obse- rved in all areas between the stream and Taunton Road, except on the extreme north-eastern portion of "Block V. The area is covered with a stand of cedars and numerous other wetland vege- tative species. They also pointed out that the subject land is situated in the floodplain of the stream and was designated "Environmental Protection Area" in the Interim District Plan. Other problems were mentioned. Pill would be requested for the proposal. This would remove storage area for water and would cause flooding problems in other locations along the stream. This could result in significant financial loss and also the loss of life. Even with fill, the area would be a potential source of pollution from the flooding of a private sewage system. c,. The Newcastle Works Department - stated that if the Region of Durham does not allow access from Taunton Road, then access will be required from Robins Road. The access from Robins Road would be required to meet all standards of the Town of Newcastle and G 6. (continued)....... the M.T.C. in regards to the minimum distance from one intersec- tion to another, plus all other specifications. 7. The Newcastle Buildin&_Department - advised that they had no comment on the application. 8. The Newcastle Fire Deuartment - advised that they had no objections to this proposal, provided that the following conditions are met. (1) accessibility to area and building (2) the applicant should provide necessary fire exting- uishers of the type and number according to occupancy (3) fire safe building design as it applies to fire safety 9. Comments: On the basis of comments received and our own knowledge of the site, it is recommended that the application for the rezoning of this parcel should not be approved. However, the Town of Newcastle owns Block F, which is located on the west side of Robin's Road. This site is also zoned "Open Space" but has already been filled with material from the excav- ation of the Orono Estates subdivision. Therefore, it would appear that whatever environmental damage which results from filling has already been done. It would seem more logical to propose that the applicant exchange his parcel with that owned by the Town, thus preventing both lots from being filled. This would leave one parcel in its natural state. We note that Block "A" of Plan 693 is similarly a flood plain lot zoned OS and that Lot 21 is currently not able to be devel- (continued)... oped due to restrictions in the present zoning and subdivision agreements. As members will recall, this Committee has favoured the acquisition of Lot 21 as a roadway or a pedestrian link with the Village of Orono. We are therefore suggesting that Block "F" be exchanged for Blocks "A" and "E" and Lot 21. This would be conditional on Block "F" being rezoned to a local commercial category. This would benefit the developer by allowing him to exchange three par- cels of land which cannot be d.ev eloped. It would enable the Town to gain possession of all the hazard land in the subdivision and provide a direct link with the rest of the,Village. In conclusion, it is recommended that the rezoning as sub- mitted be refused but as an alternative: (1) Block 'F' minus road widenings and 1 foot reserves as requested. be exchanged for Blocks 'A' and 'E' and Lot 21. (2) That an agreement to this effect be entered into with the condition that Block 'F' be rezoned local commercial. (3) That the Town's solicitor be authorized to draw up such an agreement. (4) That an Official Plan Amendment and Zoning Amendment for Block 'F' be drafted subject to the approval of the Health Unit and the Conservation Authority. Respectfully submitted, 144wwbo r George F. Howden, Planning Director. HL.C- ... PA, .DAVID'S 0 W. DAVI D'S CRES 14 Orono Estates LT .1-InME SMITH PROPERTIES LIMITED 1Z DUNCAN HOPPERS ASSOCIATES LIMITED $6 JITINO PLA % \74 E,f 0 W. DAVI D'S CRES 14 Orono Estates LT .1-InME SMITH PROPERTIES LIMITED 1Z DUNCAN HOPPERS ASSOCIATES LIMITED $6 JITINO PLA