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HomeMy WebLinkAboutPD-133-90 TOWN OF NEWCASTLE 11 ' � BINSON.GPA t REPORT File # Res. # By-Law # PUBLIC MEETING Special Meeting of the General Purpose and Administration MEETING: Committee DATE, June 5, 1990 RETORT #: PD-133-90 FILE #: SU&E-'CT: ORONO HAMLET SECONDARY PLAN - FILE: OP 3. 11 PROPOSED AMENDMENTS TO BY-LAW 84-63 - FILE: DEV 90-29 REZONING APPLICATION - CHRISTOPHER AND LYNN ROBINSON PART LOT 29, CONCESSION 5, FORMER TWP. OF CLARKE FILE: DEV 87-97 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-133-90 be received; 2 . THAT the final report on the Hamlet of Orono Secondary Plan prepared by Proctor and Redfern be received; and 3 . THAT the Region of Durham be requested to amend the Town of Newcastle Official Plan to incorporate the Orono Secondary Plan and supporting planning policies, as indicated by the proposed amendment attached hereto; and 4 . THAT the proposed amendments to By-law 84-63 listed below be approved and the amending by-laws will be forwarded to Council for final approval at such time as the Orono Secondary Plan is approved by the Region of Durham: a) to increase in the 'Urban Residential Exception (R1-2) Zone' , the minimum lot area requirement to 2000 square metres and the minimum lot frontage requirement to 25 metres; b) to increase, in the 'Urban Residential Exception (R1-13) Zone' , the minimum lot area requirement to 4000 square metres and the minimum lot frontage requirement to 30 metres; REPORT NO. : PD-133-90 PAGE 2 c) to amend the zone designation of lands located on the west side of Regional Road 17 south of Regional Road 4, being Part Lot 29, Concession 5, former Township of Clarke, as indicated on Attachment No. 2 to this report, from 'Urban Residential Exception (R1-2) Zone' to 'Agricultural (A) Zone' ; d) to amend the zone designation of lands on the west side of the Orono Mill Pond on Sommerville Drive, being Part Lot 29, Concession 4, former Township of Clarke, as shown on Attachment No.2 to this report, from 'Agricultural (A) ' to 'Urban Residential Exception (R1-13) Zone' ; e) to amend the zone designation of lands fronting on Irwin Road at Winter Road, being Part Lot 29, Concession 4, former Township of Clarke, as shown on Attachment No. 2 to this report, from 'Urban Residential Exception (R1- 13) Zone' to 'Agricultural Exception (A-1) Zone' . 5. THAT Rezoning Application DEV 87-97 submitted by Christopher and Lynn Robinson to create 8 residential lots on private services in Part Lot 29, Concession 5, former Township of Clarke, be DENIED; and 6 . THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and 7 . THAT the interested parties listed in this report and any delegations be advised of Council's decision. 'x .56 REPORT NO. : PD-133-90 PAGE 3 1. BACKGROUND 1. 1 The consulting firm of Proctor and Redfern was retained by the Town to prepare a Secondary Plan for the Hamlet of Orono. The Consultant's Background Report on the Orono Secondary Plan was received in November 1988 . That Report noted that the municipal water supply system is divided into two zones. The Regional Works Department indicated in June 1988 that development in Zone 1 should be limited to 26 units, until well No.2 was rehabilitated in 1989 . It was expected that the increased capacity resulting from the rehabilitation would accommodate approximately 90 housing units . The Background Report also noted that Regional Works had recommended no development be permitted in Zone 2, which occupies the northern portion of the community. 1.2 To accommodate growth pressures in the short term, the Draft Secondary Plan for Orono prepared by Proctor and Redfern allocated 56 units in Zone 1 over the next 5 to 10 years. A further 132 lots were proposed in "Long Term Residential Expansion Areas" to accommodate growth to the year 2011 and beyond. This latter scenario proposed additional development in both Zone 1 and Zone 2 . The consultant recommended that, prior to these areas being developed, Orono would need to be redesignated to a "Hamlet for Growth" . The draft Secondary Plan also indicated a parcel on the east side of Highway 35/115 as a "Residential Expansion" area within the limits of the Hamlet. This inclusion reflected a previous Council recommendation of draft approval for a 10 lot subdivision application for this site. REPORT NO. : PD-133-90 PAGE 4 1. 3 The Public had an opportunity to review and submit comments on the proposed Orono Secondary Plan at an Open House held on February 1, 1989 . 1.4 As part of the Orono Secondary Plan Study, Proctor and Redfern contacted various agencies for comments on the proposed plan for the Hamlet. The Region of Durham Works Department advised that the rehabilitation of Well No.2, had not been successful and that only 22 additional lots could be accommodated within Zone 1 of the municipal water supply system. Development beyond this limit in the Zone 1 system would require a new well and an additional reservoir. Development in Zone 2 would also require additional pumping capacity and a new reservoir. The Works Department indicated they have no plans to expand the water supply of Orono at this time. Citing a further concern that substantial development on private services in Orono would generate pressure for full urban services in the future, the Region also indicated there should be no development on private wells and septic systems, regardless of lot size. 1.5 The Region of Durham has also initiated a Regional Hamlet Servicing Study with the ultimate objective being to recommend changes to the Regional Official Plan's policies on rural settlements. Pending completion of the study, development in hamlets is to be limited to infilling and minor additions to existing development. 1. 6 The Ministry of Agriculture and Food noted that all the soils abutting the current built-up area of Orono have a high agricultural capability rating. Ministry Staff recommended that development not be considered east of Highway 35/115 or REPORT NO. : PD-133-90 PAGE 5 north of Regional Road 4, as they provide a strong physical boundary for development. 1. 7 Given the above noted concerns, Proctor and Redfern have finalized the Orono Secondary Plan on the basis of minor infilling and residential expansion within the Zone 1 water supply system. As well, the finalized Plan establishes Highway 35/115 as the eastern boundary of the Hamlet. Copies of Proctor and Redfern's final report on the Orono Secondary Plan have been circulated to each of the Committee members under separate cover. 1. 8 The revised Orono Secondary Plan as prepared by Proctor and Redfern is being recommended by Staff for adoption as the Land Use Schedule for Orono in the Town of Newcastle Official Plan. 1. 9 Staff is also proposing amendments to By-law 84-63, the Comprehensive Zoning By-law, to reflect the hamlet boundaries as proposed by the Secondary Plan and to increase the lot frontage and area requirements for new lots in Orono being created with municipal water service and private sewage disposal systems, and on full private services . 1. 10 Staff is also dealing with a rezoning application in this report which is directly affected by the proposed Zoning By- law amendments . 1. 11 Notice of the Public Meeting for the proposed Orono Secondary Plan and the related zoning by-law amendments was advertised in the Orono Weekly Times . Notice was further circulated to all residents specifically affected by the proposed zoning by- law amendments and who made submissions with respect to the proposed Secondary Plan. 3 � REPORT NO. : PD-133-90 PAGE 6 2. PROPOSED ORONO SECONDARY PLAN 2 . 1 The Land Use Schedule for Orono as proposed by Proctor and Redfern (see Attachment No. l) differs from the previous plan presented at the Public Open House in a number of respects . However, the most significant revisions involve the deletion of the "Long Term Residential Expansion Areas" and the proposed subdivision east of Highway 35/115, and the reduction in the area designated for short term "Residential Expansion" . Appropriate adjustments have also been made to the hamlet boundaries . 2 .2 Proctor and Redfern also recommended that specific land use policies for Orono be incorporated into Section 9 (Hamlets) of the Town's Official Plan. These policies, also attached hereto, are intended to guide development and provide the Town with a planning policy framework for Orono pending the completion of the Regional Hamlet Servicing Study. Inasmuch as the recommended Land Use Schedule and policies respect the existing policy framework for Orono, no amendment to the Regional Official Plan would be required to implement the growth scenario being proposed. 2 . 3 The consultant also recommends that, following completion of the Regional Hamlet Servicing Study, the scale and direction of future growth in Orono should be re-examined. In this regard, it was noted that Orono should be considered for redesignation as a Small Urban Area given that it already has municipal water service and the potential exists to provide sanitary sewage disposal through the municipal treatment facilities in Newcastle Village. Reference is also made to Orono's size, its location on a Provincial highway and its existing mix of industrial, residential and commercial uses, including a distinct Central Business District. As well, an 540 REPORT NO. : PD-133-90 PAGE 7 objective of the Regional Official Plan Review is to encourage growth in the central and eastern parts of the Region to balance development pressures in the southwest corner of the Region. Based on these considerations, a review of Orono's status as a hamlet is warranted and will be part of Staff's review of the Draft Changes to the Durham Region Official Plan. 2 .4 Given Orono's potential to be designated at some time in the future as a Small Urban Area with municipal sewer and water services, it is important at this stage of the planning process to limit residential development occurring on full private services. Privately serviced lots would be significantly larger than standard urban residential lots and would not allow for either the efficient provision of urban sewer and water services or possible future infilling. As well, the future installation of urban services may adversely affect well water supplies and septic system operations on existing residential lots . 3. PROPOSED ZONING BY-LAW AMENDMENTS 3 . 1 Concurrent with the Orono Secondary Plan, Staff are proposing a number of related amendments to By-law 84-63, the Town of Newcastle Comprehensive Zoning By-law. These proposed amendments, which are intended to implement the Secondary Plan, are a follows: 3 . 1 . 1 In the 'Urban Residential Exception (R1-2) ' zone, the minimum lot area requirement is being increased from 695 sq.m. (0 . 17 acres) to 2000 sq.m. (0 .49 acres) , and the minimum lot frontage requirement is being increased from 20 m (66 feet) to 25 m (82 feet) . 541 REPORT NO. : PD-133-90 PAGE 8 The 'R1-2 ' zone is unique to Orono and requires development to proceed on municipal water. The proposed zoning by-law amendment would implement the minimum lot area requirement as proposed by the amendment to Section 9 of the Town's Official Plan. 3 . 1 .2 In the 'Urban Residential Exception (R1-13) ' zone, the minimum lot area requirement is being increased from 695 sq.m. (0 . 17 acres) to 4000 sq.m. (0 .99 acres) , and the minimum lot frontage requirement is being increased from 20 m (66 feet) to 30 m (98 feet) . The 'R1-13' zone is also unique to Orono. Development in this zone requires full private services. The proposed amendments reflect the minimum lot area requirement for privately serviced lots as currently specified by the Town Official Plan. It is important to note that the amended frontage and area requirements for the 'R1-2 ' and the 'R1- 13 ' zones only apply to the creation of new lots . It does not affect the use of any existing lots in these zones which may have a lesser lot area and/or frontage. 3 . 1 . 3 A 100 m (328 ft. ) deep strip of land on the west side of Regional Road 17 at the north end of Orono, being Part Lot 29, Concession 5, is being rezoned from 'R1-2 ' to 'A' (see Attachment No. 2) . This amendment is based on the hamlet boundary proposed by the Secondary Plan which, in turn, 542 REPORT NO. : PD-133-90 PAGE 9 reflects the northerly limit of municipal water service in Orono. Rezoning Application DEV 87-97 which proposes the creation of 8 residential lots in the subject area is dealt with in more detail later in this report. 3 . 1.4 The lots on the west side of the Mill Pond on Sommerville Drive, being Part Lot 29, Concession 4, are being rezoned from 'Agricultural (A) ' to "Rl- 13 ' to reflect the Hamlet boundary proposed by the Orono Secondary Plan (see Attachment No.2) . 3 . 1.5 A 4000 sq.m. (0. 99 acres) area fronting on Irwin Road and Winter Road at the southern end of Orono, being Part Lot 29, Concession 4, is being rezoned from 'R1-13 ' to 'Agricultural Exception (A-1) ' (see Attachment No.2 ) . The subject area is part of a larger parcel owned by Mr. Henry Sisson. The subject lands front onto Irwin Road with a frontage of 56 metres . The Development Constraints Schedule in the Orono Secondary Plan Report indicates slopes greater than 10% in this area, making the creation of a residential lot impractical . Accordingly, the Secondary Plan proposes to delete this area from the hamlet. 4. ACTIVE DEVELOPMENT APPLICATIONS 4 . 1 There are 3 active development applications currently being considered by the Town which are directly affected by the Orono Secondary Plan. These applications are discussed below. REPORT NO. :PD-133-90 PAGE 10 4 .2 Rezoning Application DEV 87-97 - Christopher and Lynn Robinson, Pt. Lot 29 , Conc .5 , former Township of Clarke 4 .2 . 1 This application, which was submitted in November 1987, proposes to rezone a 2 . 6 ha (6 .4 acres) area on the west side of Regional Road 17 south of Regional Road 4 from 'R1-2 ' to an appropriate zone to permit the development of eight residential lots on private water and sewage disposal services (see Attachment No. 3) . The subject site is part of a larger 11. 78 ha (29 . 1 acre) parcel also owned by the applicant. 4 .2 .2 The Public Meeting in respect of the rezoning application was held on February 1, 1988 . Committee resolved to refer the application back to Staff pending the submission of a detailed Engineering Report for the proposed development. 4 .2 . 3 In reviewing the Engineering Report subsequently submitted by the applicant, the Ministry of the Environment noted that the well water may contain excessive levels of sodium and chlorine based on the testing of other wells in the immediate area. As well, the Ministry indicated that the remainder of the applicant's holdings should not support more than one residence to ensure that nitrate levels in the well water serving the proposed lots remained at acceptable levels . 4 .2 .4 The Region of Durham Works Department indicated that municipal water is not available to the frontage of the subject lands and further, that the Region had no plans to extend water service to this area. REPORT NO. : PD-133-90 PAGE 11 4 .2 .5 The Region of Durham Planning Department noted that the proposed development, in particular the 20 m (66 ft. ) frontage for the remaining agricultural parcel, appears to commit the Town to further expansion of the hamlet in this area. Such a commitment, in the absence of a development plan for the hamlet, would be premature. 4 .2 . 6 The Secondary Plan proposes to delete this site and other lands to the south from the hamlet on the basis that municipal water is not available, and that extensive development on private services is not desirable. As well, the creation of a number of residential accesses onto Regional Road 17 would interfere with the road's ability to function as an arterial road in the event that future residential development occurs in the context of a Small Urban Area. 4 .2 . 7 It is therefore recommended that Rezoning Application DEV 87-97 be denied as not being in conformity with the Orono Secondary Plan. 4 .3 Subdivision Application 18T-86017 - Aleck Moffat Pt.Lot 27 , Conc .4, former Township of Clarke 4 . 3 . 1 This subdivision application, submitted in April 1986, proposes to create 10 residential lots on private services on a 3 .9 ha (9 . 6 acres) parcel east of Highway 35/115 . The Town has recommended draft approval of the Plan on the basis of the property being located within the hamlet of Orono. However, the site lies outside the hamlet boundaries as indicated on the proposed Secondary Plan. This 54 REPORT NO. : PD-133-90 PAGE 12 application is dealt with individually in a separate Staff Report. 4 .4 Subdivision Application 18T-86067 - Jan Ochonski Pt. Lot 29 , Conc .5, former Township of Clarke This application, submitted in November 1986, proposes the creation of 19 residential lots on municipal water and private sewage disposal. The Region of Durham Works Department has indicated that the subject property lies in Pressure Zone 2 and therefore cannot be supplied with municipal water. Accordingly, the site is indicated as being outside the hamlet boundaries as indicated on the Secondary Plan. This application is dealt with individually in a separate Staff Report. 5. PUBLIC SUBMISSIONS 5. 1 A total of 15 residents and landowners submitted comments on the Orono Secondary Plan at the Public Open House and in letters submitted directly to the Planning Department. (These submissions are contained in the Appendix to the Proctor and Redfern Report) . A number of residents expressed support for additional development in Orono, while others indicated development should be limited. One resident noted that municipal water should be a condition of expansion in order to permit smaller lots and an assured supply of safe water. 5 .2 Many residents had site specific concerns, in particular, reference was made to a drainage course east of Main Street north of Station Street. This area has been designated as subject to Development Restrictions on the Secondary Plan. x- 46 REPORT NO. : PD-133-90 PAGE 13 6. CONCLUSIONS 6 . 1 The Orono Secondary Plan has been finalized on the basis of minor infilling and residential expansion on municipal water in the Zone 1 water supply zone. New development on private services is not being encouraged given Orono Is existing problems with private services, the lack of municipal water supply and the potential to be redesignated as a Small Urban Area. Proposed zoning by-law amendments will implement the Secondary Plan. Rezoning Application DEV 87-97 (Robinson) is directly affected by the zoning by-law amendments and consequently is being recommended for denial. Respectfully submitted, Recommended for presentation to the Committee Fr k in Wu, M.C. I .P. Lawrence E. Kotseff Director of Planning Chief Administrative and Development Officer JAS*DC*FW*df *Attach 18 April 1990 5 4 I REPORT NO. : PD-133-90 PAGE 14 Interested parties to be notified of Council and Committee's decision: Christopher & Lynn Robinson R.R.#1, Orono, Ont. LOB 1M0 Mr. Jan Ochonski R.R.#2, Orono, Ont. LOB 1M0 Mr. Aleck Moffat R.R. #l, Orono, Ont. LOB 1M0 Mr. & Mrs . Klaas Schoenmaker Box 134, Orono, Ont. LOB 1M0 Mr. William H. Carman Box 249, Orono, Ont. LOB 1M0 Mr. Dave Climenhage R.R.#2, Orono, Ont. LOB 1M0 Mr. & Mrs . Horace Best R.R.#2, Orono, Ont. LOB 1M0 Mr. Dirk Woudstra R.R.#1, Orono, Ont. LOB 1M0 Gordon & Marjorie Lowery Box 123, Orono, Ont. LOB 1M0 Mr. W.A. Grady Box 412, Orono, Ont. LOB 1M0 Mr. Douglas Simpson Box 98, Orono, Ont. LOB 1M0 Mr. Ralph Bouwmeester Box 346, Orono, Ont. LOB 1M0 Steven & Heather Rowe 36 Church Street, Bowmanville, Ont. L1C 1S5 Mr. Lane Gibb 320 Chestnut Street East Whitby, Ont. L1N 2Y2 548 REPORT NO. : PD-133-90 PAGE 15 Mr. Paul Scargall Bordon & Elliott Barristers and Solicitors, Scotia Plaza, 40 King Street West, Toronto, Ontario. M5H 3Y4 Mr. Henry J. Sissons R.R.#l, Orono, Ont. LOB 1M0 Mr. Roy Forrester P.O. Box 209, Orono, Ont. LOB 1M0 Mr. Murray Taylor Box 489, Orono, Ontario. LOB 1M0 Stephen G. Armstrong Walker, Wright , Young and Associates Limited 172 St . George Street Toronto, Ontario M5R 2M7 - 49 ATTACHMENT NO.1 PROPOSED AMENDMENT TO THE TOWN OF NEWCASTLE OFFICIAL PLAN PURPOSE: The purpose of the Amendment is to incorporate the Orono Secondary Plan and supporting planning policies into the Town of Newcastle Official Plan. BASIS: The amendment is based upon a detailed Secondary Plan Study for the Hamlet of Orono as permitted by Section 9 . 1 (ii) of the Town of Newcastle Official Plan. ACTUAL AMENDMENT: The Town of Newcastle Official Plan is hereby amended as follows: 1) In Section 9 . 1 (iii) by deleting 19-7 ' from the first line and replacing same with 19-81 , and by adding the phrase 19-8 Orono' to the end of the section. 2) In Section 9 .4 (ix) , by deleting the words 'Hamlet of Newtonville' from the second line and replacing same with the words 'Hamlets of Newtonville and Orono' . 3) Add a new section 9 .6 (iv) : "iv) Council shall encourage the revitalization and improvement of the historic commercial area as the main focal point of economic and social activity in the Hamlet of Orono. 4) In Section 9 . 10 (ii) , be deleting the paragraph in its entirety and replacing it with the following: " (ii) Council of the Town of Newcastle shall encourage the Region of Durham and the Ministry of the Environment to investigate and determine appropriate solutions for the soil pollution and water quality problems in the Hamlets of Orono and Hampton. " 5) In Section 9 . 10 (iii) , by deleting the first two sentences and replacing same with the following: "Notwithstanding any other provisions in this plan to the contrary, all development in the Hamlets of Newtonville and Orono shall be serviced with municipal water supply and private waste disposal Jf� 0 Pg.2 systems . In either hamlet, once the capacity of any of the components of the municipal water supply system is reached, no further development shall be permitted whether or not there are vacant lands designated for development. " 6) The Orono Secondary Plan attached to the Amendment as Schedule W , is incorporated as Schedule 19-81 . IMPLEMENTATION: The provisions set forth in the Town of Newcastle Official Plan, as amended, with respect to implementation, shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Town of Newcastle Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. SCHEDULE "A" BONA DO k.4 TA ON .. ...•.,`1 f. -' -- / � ' 4''�C,•'�' Vii✓'; ;�'s , � g II ` II ' to Z W = = Z AifOW Stgr t /�f`t�`�� � • Tff � t I C Existing Residential IResidential Infilling Residential Expansion • C ' ® Community Facility © Community Park T a ! ® Elementary School Senior Elementary School Commercial v, f-`�t;:�;•.`;% �� `,-,;:�`'� Industrial Utility 4i C s .; Area t to V, Development Restrictions �� r ••_I Possible Access Points Limit of Tf ®�®Hamlet Secondary Plan • Z 0 N V ORONO SECONDARY PLAN • Z SCHEDULE 9- '""" UU TOWN OF NEWCASTLE OFFICIAL PLAN • LOT 30 LOT 29 LOT 29 LOT 27 ° °° t00 bOO" too. ATTACHMENT NO. 2 �ILOT 30 LOT 29 LOT 28 LOT 47 LOT 26 '-^t�dH�d,�������!���f010NlV.1 lOAD•T_Nt•• •�� �1 [p�Ll �� P r q ai•z RI.13 "f A RI-2 EF5 EP ' A•1 RC �N Ii II A E RI.2 A R4 2 EP C3.3 it 0 r_0^j Rt 2 ( ' VJ no l w R1_Z A•1 ;' w A ,I z 0 �� v U � R4"3 a i. EP cv 1 II cs R 1.2 R 1.14, A ;I Rr2 !I c. A•1 .5 EP Ml RC A-III A I 1.2 EP EP EP Al A•1 A z 0 z o � Rt•1 � W I Z A-1 0 o 'LOT 30 LOT 29 LOT 28 LOT 27 ZONING BY-LAW SCHEDULE - ORONO ZONING CHANGE FROM 'RI-2' TO 'A' ZONING CHANGE FROM 'A' TO 'R1-13' ® ZONING CHANGE FROM 'R1-13' TO 'A-1' ATTACHMENT NO. 3 TAUNTON ROAD I—C 100.00 m ?—I z N M _ w Q LOT 29 w QI—{ 9482 M � CONCESSION 5 94.82 c~n zN Z a M M I--( 100.00m SUBJECT SITE LOT 30 LOT 29 LOT 28 'REGIONAL ROAD 4 (TAUNTON ROAD) RI-2 Cr /� RI-13 Cyf o A RI-2 O Ir 1 - 1 ' EP RF2 I I EP RI-2 ;G r 1/ 0 Dev. 87-97 A 1 ON z V A E RI-2 N ftl-2 ll1 U N - Z EP C3.3,�, O Z li Q o R1- 3 A 2 !� J tf 1 F = S O 80 q0 200 300n KEY -MAP