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HomeMy WebLinkAboutPD-342-90 TOWN OF NEWCASTLE REPORT File # _b , � GPA Res. # � i - —_ By-Law # SING: General Purpose and Administration Committee DATE: Monday, November 19, 1990 REPORT #: PD-342-90 FILE #: DEV 87-97; OP 3 . 11 SUBJECT: PROPOSED MODIFICATION TO THE HAMLET OF ORONO SECONDARY PLAN REZONING APPLICATION - CHRISTOPHER AND LYNN ROBINSON PART LOT 29, CONC. 5, FORMER TWP. OF CLARKE FILE: DEV 87-97 RECOMMENDATIIO&Sis respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-342-90 be received; 2 . THAT the Region of Durham be requested to modify the Hamlet of Orono Secondary Plan as indicated by Attachment No. 2 to this Report; 3 . THAT Rezoning Application DEV 87-97 submitted by Christopher and Lynn Robinson to permit the creation of eight residential lots with private water and sewage disposal in Part Lot 29, Concession 5, former Township of Clarke, be APPROVED; 4 . THAT the amending by-law be forwarded to Council for approval at such time as the Region of Durham has approved the Hamlet of Orono Secondary Plan as modified, and the applicant has prepared a Master Drainage Plan for the subject lands to the satisfaction of the Town of Newcastle Public Works Department; 5 . THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and, 6 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Owner and Applicant: Christopher and Lynn Robinson 1.2 Rezoning: From 'Urban Residential Exception (R1-2) ' Zone and 'Agricultural (A) ' Zone J f' REPORT NO. : PD-342-90 PAGE 2 To 'Urban Residential Exception (R1-13) Zone 1. 3 Area: 2 . 62 ha (6 .47 acres) 2. LOCATION 2 . 1 Legal Description: Part Lot 29, Concession 5, former Township of Clarke 2 .2 Relative Location: west side of Regional Road 17 (Main Street, Orono) immediately south of Regional Road 4 (Taunton Road) (see Attachment No. l) 3. EXISTING AND SURROUNDING USES 3 . 1 Existing Uses: Vacant 3 .2 Surrounding Uses: North: Region of Durham Works Depot, Rural Residential, Garden Centre South: Agricultural and Hamlet Residential East: Hamlet Residential West: One Single Detached Residential Dwelling (remainder of applicant's holdings) 4. BACKGROUND 4 . 1 The subject rezoning application, as originally submitted in November 1987, proposed to amend the zoning of a strip of land on the west side of Main Street from 'R1-2 ' to 'R1-13' to permit the development of 8 single detached residential lots on private wells and septic systems . The proposed lots would each have an area of approximately 0. 32 ha ( 0. 78 acres) , which would comply with the minimum lot area requirement of the 'R1-13 ' zone. REPORT NO. : PD-342-90 PAGE 3 4 .2 On June 5, 1990, a Special Meeting of the General Purpose and Administration Committee was held in the Orono Town Hall to consider Staff Report PD-133-90, which presented a proposed Secondary Plan for the Hamlet of Orono. Supporting policies proposed by Staff would permit new residential development in Orono to proceed only with municipal water service. The report noted that municipal water is not available to the lands subject of Rezoning Application DEV 87-97 and further, that 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. The Secondary Plan as proposed by Staff indicated the subject lands as being outside the limits of the Hamlet of Orono. Staff recommended that the subject rezoning application be denied and that the strip of land on the west side of Regional Road 17 zoned 'R1-2 ' be rezoned to 'Agricultural (A) ' as far south as the northerly limit of municipal water supply. 4 . 3 Committee resolved that the subject rezoning application be referred back to staff for discussions with the applicant and the preparation of a subsequent report. 4 .4 On July 6, 1990, Planning Department Staff and Councillor Hamre met with the applicant and her engineering consultant, as well as Health Department Staff and Mrs . Marjorie Best, who owns the abutting property to the south. It was agreed that the Town would recommend to the Region that the Orono Secondary Plan be modified to include those lands immediately west of Regional Road 17, subject to the applicant satisfying the requirements of the Regional Health Department with respect to the provision of private water and sewage disposal services . 6I REPORT NO. : PD-342-90 PAGE 4 4 .5 The application currently proposes to create 8 lots, each with a frontage of 34 m ( 111.5 ft. ) on Regional Road 17 and an area of 5712 sq.m. ( 1.4 acres) (see Attachment No. 1) . 5. OFFICIAL PLAN POLICIES 5 . 1 The Durham Regional Official Plan indicates the subject lands as being located in the general vicinity of the Hamlet of Orono. The Regional Official Plan permits an area municipality to delineate the limits of and detail land uses in hamlets through the adoption of a hamlet development plan.. 5 .2 The Orono Secondary Plan as approved by Council on June 11, 1990 indicates the subject lands as being located outside of the Hamlet of Orono. 6. ZONING 6 . 1 By-law 84-63, the Town of Newcastle Comprehensive Zoning By- law, zones the lands immediately west of Regional Road 17, to a depth of approximately 100 m (328 ft) , as 'Urban Residential Exception (R1-2) Zone' . The remainder of the subject lands are zoned 'Agricultural (A) ' . The 'R1-2 ' zone requires residential development to proceed on municipal water supply. The minimum frontage and area requirements for lots in the 'R1-2 ' zone is 20 m (66 ft) and 695 sq.m. (0 . 17 acre) respectively. The proposed rezoning of the subject lands to 'R1-13 ' would permit the development of residential lots on private well and septic systems. The lot area and frontage requirements for the R1-13 zone are currently the same as those for the 'R1-2 ' zone. 6 .2 On June 11, 1990, Council approved in principal an amendment to By-law 84-63 which would increase the minimum lot area requirement for the 'R1-2 ' zone to 4000 sq.m. ( 1 acre) to reflect the requirements of the Region of Durham Department ,) 6L REPORT NO. : PD-342-90 PAGE 5 of Health Services. The proposed by-law amendment would also increase the minimum lot frontage requirement to 30 m (98.4 ft) . The lots as currently proposed by the applicant would conform with these requirements . 7. PUBLIC MEETING AND RESPONSE 7 . 1 The Public Meeting in respect of the subject Rezoning Application was held on February 1, 1988 . No one spoke in objection to the proposal. The applicant's solicitor requested Committee to delay consideration of the Staff Report for two weeks. 7 .2 Committee resolved to refer the application back to Staff pending the submission of a detailed Engineering Report regarding site servicing. 8. HYDROGEOLOGICAL REPORTS 8 . 1 The first Hydrogeological Report submitted by the applicant in February 1988 based the analysis of groundwater and soil conditions of the subject lands on existing available data, a door-to-door survey of neighbouring wells, and site specific soils investigation. The Report noted the existence of a plume containing elevated levels of dissolved salt in the groundwater east of Regional Road 17 . It was recommended that the wells for the proposed lots be located at the western margin of the lots to increase the distance from the salt contamination, and be drilled to a depth of at least 25m (82 ft) . The Report also noted that the on-site soils were suitable for the effective operation of septic systems. 8.2 A second Hydrogeological Report was submitted in December 1988 in response to concerns identified by the Ministry of the Environment. A test well drilled at the southern end of the subject lands to a depth of 65 m (213 ft) found elevated levels of turbidity, iron and sodium in the deeper aquifer. The Report concluded that, with proper treatment, the water ,Y REPORT NO. : PD-342-90 PAGE 6 quality of the deeper aquifer did not impose a significant constraint to development, and recommended that the wells for the proposed development be drilled to a minimum depth of 55m ( 180 ft) . The Report also recommended that the retained portion of the applicant's lands, which has an area of 9 . 16 ha (22 . 6 acres) , be limited to one single family residence to maintain nitrate levels in the shallow aquifer within the Provincial Drinking Water Objectives . 8 . 3 A third Hydrogeological Report dated August 1990 was submitted in October 1990 to address further concerns identified by the Ministry of the Environment and the Region of Durham Department of Health Services . This Report indicated that the salt plume was present in the deeper aquifer over approximately the eastern portion of the proposed development (see Attachment No. l) . Sodium levels in the shallower aquifer are within Provincial Drinking Water Objectives. The Report recommended that the depth of the lots be increased to increase the distance of wells from the salt plume, and that wells be drilled to a maximum depth of 20 m (66 ft) . 9. AGENCY COMMENTS 9 . 1 The subject Rezoning application was circulated by the Planning Department in February 1988. The following agencies indicated no objection to the application: Ganaraska Region Conservation Authority Separate School Board Ministry of Agriculture and Food 9 .2 The Town of Newcastle Community Services Department requested 5 percent cash in-lieu of parkland dedication. 9 . 3 The Town of Newcastle Fire Department noted that fire protection would be provided through tanker trunks from Fire Station No. 3 in Orono. ,) 64 REPORT NO. : PD-342-90 PAGE 7 9 .4 The Town of Newcastle Public Works Department shall require that the applicant provide a cash contribution for future streetlighting and sidewalks along Main Street, and submit a Master Drainage and Lot Grading Plan satisfactory to the Director. 9 .5 The Region of Durham Works Department has requested the dedication of a 5 . 18 m ( 17 ft. ) road widening along the frontage of Regional Road 17, and a daylight triangle at the intersection of Regional Road 4 and Regional Road 17 . 9 .6 The Ministry of the Environment submitted comments on the first and second Hydrogeological Reports. Their comments on the first Report identified concerns with sodium and nitrate levels in the groundwater. Further site specific testing was required. The Ministry, in their comments on the second Report, indicated no objection, subject to the recommendations of the Medical Officer of Health, that the recommendations of the Second Hydrogeological Report are adhered to, and that only one residence is permitted on the lands retained by the applicant. 9 . 7 The Region of Durham Department of Health Services submitted a number of comments on the proposed application, particularly in respect of the Hydrogeological Reports . The most recent comments, based on the review of the Hydrogeological Report submitted in October 1990, indicated no objection to the proposed development, provided that a drainage network is developed for the subject lands to divert surface flow away from the tile bed areas and that the drainage plan is approved by the Town of Newcastle. The Department's conditions of approval also incorporated the requirements of the Ministry of the Environment. The REPORT NO. : PD-342-90 PAGE 8 Department further requested that all of these conditions be registered on title. 10. STAFF COMMENTS 10 . 1 In order for the subject rezoning application to be approved, the Secondary Plan for the Hamlet of Orono must be modified to incorporate the subject lands within the boundaries of the Hamlet and to designate same as 'Residential' . As well, given that the policies related to Orono in Section 9 of the Town of Newcastle Official Plan as approved by Council on June 11, 1990, only permit new residential development in Orono to proceed on the basis of municipal water, a site specific policy must be approved for the subject lands . 10 .2 An appropriate modification to the Orono Hamlet Secondary Plan and Section 9 of the Town's Official Plan are attached to this Report for the consideration of Committee and Council (see Attachment 2) . The modification to the Secondary Plan Schedule also incorporates lands directly to the south of the applicant's lands owned by Mrs. Marjorie Best. 10 . 3 The proposed modification to the Orono Hamlet Secondary Plan will permit the approval of the rezoning application submitted by the Robinsons. The lands owned by Mrs. Best are not being rezoned. A Rezoning Application will be required for these lands in order for development to proceed. 11. CONCLUSION 11 . 1 A modification to the Hamlet of Orono Secondary Plan and Section 9 (Hamlets) of the Town of Newcastle Official Plan is required in order to approve the subject Rezoning Application. The implementing zoning by-law amendment will be forwarded to Council after the Orono Secondary Plan has REPORT NO. : PD-342-90 PAGE 9 been modified and approved by the Region of Durham, and a Master Drainage Plan for the subject lands has been approved by the Town of Newcastle Public Works Department. 11 .2 The conditions of the Community Services Department regarding cash-in-lieu of parkland dedication, the Newcastle Public Works Department regarding a cash contribution for streetlighting and sidewalks, and the Regional Works Department regarding the road widening and daylight triangle, will be addressed at the time individual land division applications are submitted. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. L rence E. Kotseff Director of Planning Chief A istrative and Development Officer JAS*DC*FW*df *Attach 8 November 1990 Interested parties to be notified of Council and Committee's decision: Christopher and Lynn Robinson 5900 Main Street Box 505 Orono, Ontario LOB 1M0 Mrs . Marjorie Best R.R. # 2 Orono, Ontario LOB 1M0 Attachment No. 1 w 9 NOISS33NOD c � ro it/££AVMH9IH, CO a� N M N N o QQ. W W C' ('1S NIVW) LI'08 IVN01038 N w N_ Q o = cn o s= O J to Z D.. w D w Q M<< zoo o Q v J Q a (D E ° W v/ cc ovoa w a wM W INSNOH�O /� w z - US NIVN) LI ad08 -IVNOIJ38 I: Z : o 0 LLJ 2 F- 0 # : -i w a CO E O I �: U)o `° Oz W I I ww Q x W v I I o w9b-6£ ( wig£ I LUK I wb£ ( wfi£ I wt,g wt�£ wb2 J Q Z O_ 0 W D 6 �� ATTACHMENT NO. 2 PROPOSED MODIFICATION TO SECTION 9 (HAMLETS) OF THE TOWN OF NEWCASTLE OFFICIAL PLAN 1) In Section 9 . 10, a new sub-section iv) shall be added as follows: iv) Nothwithstanding Section 9 . 10 iii) , the development of single detached residential lots on private drilled wells and private sewage disposal systems shall be permitted in the Residential Expansion Area on the west side of Regional Road 17 south of Regional Road 4 . " i Attachm t Nos 2 REGIONAL ROAD NO.4 (TAUNTON ROAD) .. PROPOSED BOUNDARY CHANGE AND ADDITION OF RESIDENTIAL EXPANSION AREA ' II In N/LL O I I I HILL Op I I IA �Iy-I F II ,�jar I kW F A, E . Iz � O O�VR HILL �/ I v/ W a •C:r - � lal U a 91 z In Ia p S T'4710N SIRE ��`i/�_`!��.� )• T 1;,I,•<<t l -d G I E 91. 1 1 I Existing Residential 1 IResidential Infilling 1 ' Residential Expansion C / Community Facility / � j9'♦O I a © Community Park m E - ' Elementary School SOMME VILLE DRIVE __ ____ _ _ 90MMEPVILLE DRIVE o ' I> ® Senior Elementary School tH Commercial ;♦. Industrial Utility Area Subject to Development Restrictions Possible Access Points _._Limit of z Hamlet Secondary Plan 0 E11� / to •WINTER PD. E / U ORONO SECONDARY PLAN z0 SCHEDULE 9— IRwINRD. I — U TOWN OF NEWCASTLE OFFICIAL PLAN 1 LOT 30 LOT 29 LOT 28 LOT 27 00 200 300.