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HomeMy WebLinkAboutPD-88-89DN: BRUYNS TOWN OF NEWCASTLE REPORT File # 3 5 z Res. By -Law # MEETING: General Purpose and Administration Committee DATE: Monday, April 3, 1989 REPORT #: PD-88 -89 FILE #: OPA 89- 0011 /D /N, DEV 88 -134 & 18T- 88199 SLBJECT: 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- 01011 /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 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 1001 1. BACKGROUND PAGE 2 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 1002 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 i 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 1004 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 1601 units, and Regional Staff have also received letters of intent to provide funds for the remaining 601 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. 1005 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 ,MB*I:V*Jlp *Attach. March 21, 1989 CC: M. Gimblett/D. Armstrong R.R. #1 NEWTONVILLE, Ontario LOA lJO R. Brown Box 81 NEWTONVILLE, Ontario LOA lJO R.W. Bruynson Inc. #302 74 Simcoe Street South OSHAWA, Ontario LlH 4G6 Patricia & Brian Hutchinson Box 48 NEWTONVILLE, Ontario LOA lJO Recommended for presentation to the Committee ----------------- T -' Lawrenc7 EJ Kotseff Chief AdmRistrative Officer Z z < a- 0 0 0 0 (n —i -i P() C: c C) a. .2 .0 -IC U) EL- 0 (f) cn >1 Z) 0 >1 0 >1 0 C: C: CL 0 W LL N C: 0 a jz- a 0 d) cn C) I n a -0 tn 'a In X X d) z m 0 0 0 w t1i 2 2 LL 0 0 0 0 W -C E a) 0 a) .— w d) -J :3 E — (n w 0 c 0 . =3 X-- (a. -0 4) M 0 W w E .0 E a Z C: .21 E (n E E 0 cu 0 a) -2 0 W > 0 0 W a[: -i Q� C) z LLJ C) < 0 w 0 LL 0 DeV. 66-134 18T-88099 O.P.A. 89-001/D/1% 1007 J--., n Ul I In it g. I' Y 1 iI .. 6 .I HAMLET BOUNDARY COMMERCIAL oBLOCK