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HomeMy WebLinkAboutPD-88-89 Addendum(SING: Council TOWN OF NEWCASTLE DATE: January 29, 19 9 0 Addendum to ROUT #: PD- 88 -89 FILE #: ;„ 1111MIT11M OPA 89- 001 /D /N DEV 88 -134 18T -88099 REPORT # 3 F le # ) Res. # By -Law # OFFICIAL PLAN AMENDMENT, REZO ING AND SUBDIVISION APPLICATIONS R.W. BRUYNSON, M. GIMBLETT, . ARMSTRONG PART LOT 9, CONCESSION 2, FO�MER TOWNSHIP OF CLARKE FILES: OPA 89- 001 /D /N, DEV 88 -134, 18T -88099 RECOMMENDATIONS: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PD- 8I8 -89 be received; 2. THAT Report PD -88 -89 be lifteld from the table and received for information; 3. THAT the Official Plan ame'dment application submitted by Bruynson /Gimblett /Armstrong to amend the Town and Regional Official Plans to extend the Hamlet boundary and provide for a 20,000 square foot comme cial plaza be recommended for DENIAL to the Region of Durham; 4. THAT the rezoning and subdivision applications for those portions of land proposed for residential uses within the Hamlet boundary be referred back to Staff for a further report pending receipt of revis d plans and receipt of all outstanding comments; 7 5. THAT the Region of Durham Planning Department and those persons listed and any delegation be advised of Council's decision. I 1. BACKGROUND 1.1 At its meeting of April 10, 88 -89 to enable the applicar 1989, Council tabled Report PD- Lt to consult with the Durham ...2 Works Department. The applicant has since consulted with the Durham Region Works Department and now wishes that the above mentioned Report be lifted from the table and that the corresponding Official P an Amendment, Rezoning and Subdivision applications be ;further processed. 1.2 Report PD -88 -89 is hereto attached and labelled as Attachment #1. 2. AGENCY COMMENTS 2.1 Further to Report PD- 88 -89, revised comments have been received from: Durham Region Works Department Town of Newcastle Works Department Outstanding comments have also been received from the Town of Newcastle Community Service�ls Department which express no objection to the proposal (subject to conditions of draft approval. 2.2 The Town of Newcastle Works Department are now in receipt of a conceptual plan indicat }ng proposed road grades. The conceptual plan demonstrates that road grades will conform to Town standards, and resolves the Works Department's previous concerns. The Plan of Subdivision was revised to achieve the maximum allowable road grades and is attached hereto and labelled as Attachment 2. �he Works Department offers no objection to the proposal, subject to meeting its conditions at the subdivision approval stage. 2.3 The Durham Region Works Department have submitted revised comments and note that municipal water has been reserved for ...3 =.T.= 12 residential units for the subject property. The servicing agreement to be registered on title is not necessarily restricted to those portions of the lands contained within the existing Hamlet boundary. On that basis the Durham Region Works Department has no obi ction to the proposed amendment provided that the total number of units to be developed does not exceed 12. Staff noted hat there are a total of 13 residential lots proposed within the Hamlet boundary. 2.4 Outstanding comments have Durham Region Health Unit, Ontario Hydro. 3. PUBLIC SUBMISSIONS 3.1 No further public submissio been received to date from the Ministry of the Environment and have been received to date. 4. TECHNICAL REPORTS, REPORT CONCLUSIONS AND COMMENT 4.1 As per the request of the Town of Newcastle Planning Department, the applicant [has submitted a Retail Market Analysis prepared by William D. Little, which supports the proposed 20,000 square foot commercial facility. 4.2 The applicant's consultant otes that given "the projected population growth of the Ham�et itself, the inadequacy of the existing commercial facilities to handle the population growth, and the distance o other competitive commercial complexes, it is their conclusion that the proposed commercial facility can easily be absorbed in the Newtonville market with little, if any, impact." 4.3 This Retail Market Analysis acknowledges the need for more commercial facilities as t1le population of the Hamlet and surrounding area increases, yet does not address whether other sites within the Hamlet of lwtonville would be more aptly ...4 suited for the kind of commer application. Some of the de; the Newtonville Hamlet are pr site (on the north side of Hi No.18) is vacant. !ial development proposed by this ignated commercial areas within :sently under utilized, while one [hway No.2, west of Regional Road 4.4 The applicant has also submitted a Soil Investigation prepared by Soil -Eng Limited. The consultant notes that "the subsoils consist of 0.8 to 1.1 metre of sand overlying sandy silt till. These materials are suitable for inground septic tile bed construction." It is, therefore, the opinion of the consulting engineer that "the sewage efIfluent generated by the proposed dwellings can be adequately disposed of on the 0.2 ha residential lots and will nollt contaminate the ground water." 5. COMMENTS 5.1 Further to Staff's comments that a waiting list for the presently exists for resider wish to develop their lands. extend water services to lane of April 3, 1989, we would note extension of municipal services its located within the Hamlet who It is, therefore, unnecessary to s outside the Hamlet boundaries. 5.2 Although it is acknowledged teat the proposed commercial floor space may be accommodated w jthin Newtonville with little or no adverse impact, the Market, Study submitted does not address presently under - utilized of undeveloped commercial sites within the Hamlet. It is felt that these sites could be redeveloped or developed to accommodate the future commercial needs of the Hamlet residents and at the same time reinforce the existing commercial uses and community facilities located near the intersection of Hig way No.2 and Regional Road 14. Furthermore, the commercial located on Highway No.2 wou, viability of a commercial site d benefit from five times the ...5 5.3 DUM TO REPORT PD -88 -89 I PAGE .... 5 level of traffic than that recorded on Regional Road 18 at the subject site (5050 AADT verses 1000 AADT). The applicant has requested through correspondence received December 6, 1989, that "if i is the opinion of the Planning Department not to be in avour of extending the Hamlet boundary as we requested in the application would you consider making the southerly boundary of the Hydro Easement as the Hamlet boundary. " A barn on the subject property straddles the Hamlet boundary and the applicant is concerned that access to the north side of the barn would be restricted should the Hamlet boundary not be extended. The applicant wishes to use the barn for storage purposes during the time of construction. Furthermore, the applicant notes that the extension of the Hamlet boundary will afford the applicant greater room for the grading of lots. 5.4 The Hydro Easement north corresponds to an old hydro use. The extension of the Ha Hydro Easement is unnecessar, be torn down and the access where the Hamlet boundary ownership. 6. 6.1 of the Hamlet of Newtonville corridor which is no longer in mlet to the southern edge of the r, since the barn will eventually to the barn is not a question of lies but rather of property CONCLUSIONS As noted in previous Rep rt PD- 88 -89, the Ministry of Agriculture does not support the expansion of the Hamlet, due to contravention to he Fooddland Guidelines. Staff do not consider the expansion of the Hamlet warranted, given that some developable parcels within the Hamlet do not have servicing allocated. Furthermore, given the number of under developed designated commercial sites within the Hamlet, Staff are unable to support the co r ercial component of the Official 7 ...6 Plan Amendment application. Staff thus would respectfully recommend that the Town of Nwcastle recommend to the Region of Durham that the Official Plan Amendment application be 6.2 It is further recommended tl applications be referred bacl pending receipt of revised pl the portion of the subject 1 Respectfully submitted, d c"� Franklin Wu, M.C.I.P. DIrector of Planning and Development JDB *DC *FW *df *Attach 16 January 1990 M. Gimblett /D. Armstrong R.R. #1 Newtonville, Ont. LOA 1J0 R. Brown Box 81 Newtonville, Ont. LOA 1J0 R.W. Bruynson Inc. #302, 74 Simcoe Street South Oshawa, Ont. L1H 4G6 Patricia & Brian Hutchinson Box 48 Newtonville, Ont. LOA 1J0 Mr. W. Frank R.R. #1 Newtonville, Ont. LOA 1J0 at the Rezoning and Subdivision to Staff for a subsequent report ins for residential uses only for Inds located within the Hamlet. Recommended for presentation to the Committee L fwrence . Kotsef f ief A h� istrative Office DN: BRUYNS TOWN OF NEWCASTLE ATTACHMENT No. REPORT File # Res. # By -Law # MH TING: General Purpose and Administration Committee DATE: Monday, April 3, 1989 REPORT #: PD -88 -89 FILE #: OPA 89- 001 /D /N, DEV 88 -134 & 18T -88099 SUBJECT: OFFICIAL PLAN AMENDMENT, REZONING & SUBDIVISION APPLICATIONS M. GIMBLETT/D. ARMSTRONG, R.W. BRUYNSON PART LOT 9, CONCESSION 2, FORMER TWP. OF CLARKE FILES: OPA 89- 001/D/N, DEV 88 -134 & 18T -88099 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-88-89 be received; and EI 2. THAT the applicants be advised that the Town of Newcastle does not support the extension of Hamlet of the Newtonville boundaries and that the subdivision plan be revised and resubmitted accordingly; and 3. THAT the Official Plan Amendment application, the rezoning application, and . the subdivision application be referred back to staff for a subsequent report pending receipt of revised plans, all outstanding comments and receipt of a Retail Market Analysis and supporting engineering reports; and 4. THAT the Region of Durham be so advised. ...2 REPORT NO.: PD -88 -89 PAGE 2 --------------------------------------------------------------------- 1. BACKGROUND 1.1 On December 14, 1988, the Town of Newcastle Planning Department received an application from R.W. Bruynson Inc. to rezone a 9.00 ha parcel of land to permit the development of a twenty -nine (29) lot residential subdivision and a commercial block. 1.2 On February 3, 1989, the Town of Newcastle received notice from the Region of Durham of'an application by M. Gimblett /D. Armstrong for an Official Plan Amendment to extend the Newtonville Hamlet boundaries in order to implement this subdivision and to permit a commercial use with a gross floor space of 1850m2. On January 26, 1989, the Town of Newcastle Planning Department received notice from the Region of Durham of an application for approval of a Plan of Subdivision. The applications for rezoning and plan of subdivision were circulated concurrently with the Official Plan Amendment application. 1.3 A Soil Stratography and Testing Report was conducted by R.W. Bruynson Inc.. It is the opinion of R.W. Bruynson Inc. that the site is suitable for in ground septic tile beds. A Retail Market Analysis for the proposed commercial block has not been received to date., 2. OFFICIAL PLAN AND ZONING BY -LAW DESIGNATIONS 2.1 Part of the subject property is designated "Permanent Agricultural Reserve" in the Durham Region Official Plan and is located outside the designated hamlet boundary of Newtonville as defined in the Town of Newcastle Official Plan. The portion located within Newtonville Hamlet boundary is designated "Residential Expansion ". The subject property is zoned "Agricultural Exception (A -1)" and "Residential Hamlet (RH)" in the Town of Newcastle Comprehensive zoning By -law 84 -63, as amended.. ...3 REPORT NO.: PD -88 -89 PAGE 3 ------------------------------------------------- 3. PUBLIC NOTICE 3.1 In accordance with the Town's procedures and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands, and written notice was circulated to property owners within 120 metres of the subject site. 4. PUBLIC SUBMISSIONS 4.1 A letter of concern has been received by the Planning and Development Department from Mr. & Mrs. B. Hutchinson. The Hutchinsons' are the abutting property owners to the south of this application and have expressed concern with respect-to the drainage of the southeast corner of the subject property. The Hutchinsons' note that this is a low point of the property and that water collects at this point. 5. CIRCULATION 5.1 The subject application was-circulated by the Town and the Region to various agencies and departments to obtain comments. The following agencies /departments offered no objection to the proposal: - *Ganaraska Region Conservation Authority - Northumberland and Newcastle Public School Board - Peterborough - Victoria - Northumberland & Newcastle Roman Catholic Separate School Board.. - Ministry of Natural Resources 5.2 The Town of Newcastle Public works Department have expressed concern regarding the steep slope on the site. It appears from existing contours that a maximum 6% road grade cannot be achieved without . considerable regrading. 5.3 The Town of Newcastle Fire Department recommends that no building permits be issued until access routes and adequate water for fire - fighting are in compliance with the Ontario Building Code. ...4 C REPORT NO.: PD -88 -89 PAGE 4 5.4 The Ministry of Agriculture and Food have noted that "the recently expanded hamlet boundaries can more than accommodate the 345 household units for which services are being supplied. Based on this knowledge, this particular amendment appears to be unnecessary to accommodate the anticipated population and, therefore, would not comply with the Food Land Guidelines. In addition, if approved, almost half of the expanded area would not comply with the Agricultural Code of Practice. Based on the above, we recommend the application not be approved." 5.5 The Regional Department of Health have requested the following information be submitted prior to the department providing comments: - a lot servicing plan - results of a soil sampling plan - existing and final grading plans - Ministry of Environment comments with respects to a Hydrogeological Report and an Environmental Impact Analysis 5.6 The Regional Works Department has stated that water servicing capacity cannot be allocated.to the area outside the present Hamlet Boundary. There is an outstanding servicing agreement which will, upon execution, reserve municipal water system capacity for twelve (12) residential units within the Hamlet Boundary. 5.7 Comments have not been received from the Town of Newcastle Community Services Department, the Ministry of the Environment, and Ontario Hydro to date. 6. COMMENTS 6.1 Amendment No. 217 to the Durham Regional Official Plan recognizes the Hamlet of Newtonville as a hamlet for growth which can only develop on municipal water supply up to 345 residential units. ...5 REPORT NO.: PD -88 -89 PAGE 5 Landowners of vacant lands in the designated hamlet is required to enter into the necessary servicing agreements to pay their respective share of the cost of the municipal water system prior to the extension of municipal water to Newtonville and prior to development is allowed. Agreements-have been arranged to provide contributions for 160 units, and Regional Staff have also received letters of intent to provide funds for the remaining 60 units, totalling 220 units available for development within the designated hamlet. Given that there are 220 units available to accommodate further residential growth in Newtonville and that there is no allocation of water supply service outside the designated hamlet boundary, it would be premature to contemplate expanding the hamlet at this time. 6.2 It should be noted that Amendment No. 217 to the Durham Region Official Plan states: New development in the Hamlet of Newtonville shall occur sequentially and generally by registered plan of subdivision. A subdivision application shall be accompanied by: a) An engineering report confirming that the municipal water facility in the Hamlet of Newtonville has sufficient capacity to-service the proposed plan of subdivision; b) A detailed engineering report demonstrating to the satisfaction.of the Ministry of the Environment and the Region of Durham that soil and groundwater conditions at the subject site will enable the effective operation of private waste disposal systems with no adverse effect to the soil. and groundwater conditions of surrounding lands and the water quality of adjacent streams. In addition, such a report shall justify the lot sizes proposed. The Soil Stratography report submitted by R. W. Bruynson does not meet these. standards. A. further engineering report will have to be submitted to address these concerns. 7. CONCLUSIONS AND RECOMMENDATIONS 7.1 In view that the Regional Works Department have commented that municipal water services will not be extended to the subject site, and that the Ministry of Agriculture and Food cannot support any expansion of the hamlet, Staff are unable to support the Official Plan Amendment as it relates to the extension of the Newtonville Hamlet boundaries, and would respectfully recommend that the Town of Newcastle does not support the extension of the Hamlet boundary. r_ l REPORT NO.: PD -88 -89 PAGE 6 ---------------------------------------------------------------------- 7.2 It is further recommended that the Official Plan application as it relates to the commercial component, the rezoning and the subdivision applications be referred back to Staff pending receipt of revised plans, all outstanding comments and receipt of a Retail Market Analysis to justify the commercial component of the application and supporting engineering reports as required by Section 10.4.2.13 of the Durham Region Official Plan. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning & Development JDB *FW *jip *Attach. March 21, 1989 CC: M. Gimblett /D. Armstrong R.R. #1 NEWTONVILLE, Ontario LOA 1J01 R. Brown Box 81 NEWTONVILLE, Ontario LOA 1JO R.W. Bruynson Inc. #302 74 Simcoe Street South OSHAWA, Ontario L1H 4G6 Patricia & Brian Hutchinson Box 48 NEWTONVILLE, Ontario LOA 1JO Recommended for presentation to the Committee ---------------------------- Lawrence E. 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