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
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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. Kotseff
Chief Administrative Officer
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