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Home My WebLink AboutPD-34-89 DN: 27 5 ( ) TOWN OF NEWCASTLE U REPORT File # �0- 3�• Res. _s- _ �. By-Law MEETING: General Purpose and Administration Committee DATE: Monday February 6, 1989 REPORT #: PD-34-89 FILE #: DEV 87-63 SUBJECT: REZONING APPLICATION - GERALD AND ETHEL BALSON PART LOT 18, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON OUR FILE: DEV 87-63 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-34-89 be received; and 2. THAT the application submitted by Gerald & Ethel Balson to rezone a 0.38 hectare parcel of land located in Part Lot 18, Concession 5, former Township of Darlington, be denied as the proposal does not conform to the provisions of the Regional Official Plan or the Town of Newcastle Official Plan. 1. BACKGOUND AND COMMENT: 1.1 On August 20, 1987, the Planning and Development Department received an application submitted by Gerald and Ethel Balson to rezone a 0.38 ha (0.93 acre) parcel of land in Part Lot 18, Concession 5, former Township of Darlington, to permit the development of two (2) additional lots within the Hamlet of Hampton. 2. . . REPORT NO. : PD-34-89 PAGE 2 _______________________________________________________________________________ 1.2 The public meeting was held on said application on Monday October 19, I987. At that meeting Staff presented a report (copy attached) recommending the application be denied as the proposal does not conform to the provisions of the Durham Regional Official Plan or the Tmvu of Newcastle Official Plan. Despite staff recommendation, Committee referred the matter back to staff for further review and a subsequent comment. 1.3 Following the meeting a letter was forwarded to the applicants to have their nQeotenboicaI Investigation Site Suitability Report" revised due to discrepancies in lot area. On January 22, I988' Gibson and Associates the Engineers for the applicant produced an Addendum to their initial report which stated that, doe to discrepancy in lot area (.5I ha to .38 ha) , the property would only be capable of supporting a second well and septic system as opposed to a second and third. 1.4 When the Be*Itb Department received this information with regards to the possibility of allowing one severance, they requested the applicant to supply the Health Department with a detailed plan drawn to scale of the retained lands, indicating the location of the well, neighbouring wells and septic tank and tile bed of the house. The Town informed the applicant of this requirement on February 10, I988, and subsequently followed up with a reminder letter on April 27, 1988. The applicant has yet to respond. 2. OFFICIAL PLAN CONFORMITY: 2.1 The subject lands are designated within the Hamlet of Hampton in the Durham Regional Official Plan. The Regional Plan stipulates that the predominant use of lands under this designation shall be for residential development. However, it further states that in consideration of the waterfront development regard shall be had for an adequate water supply and soil conditions satisfactory for the effective operation of private waste disposal system. REPORT NO. : PD-34-89 PAGE 3 ------------------------------------------------------------------------------- 2.2 The Hamlet policies contained in the Town Official Plan (recently approved by the Region) stipulates the minimum lot size of 0.4 ha ( I acre) . The entire property has only 0.38 ha and further division into two would not be in conformity to the Tovnl/a Official Plan. 3. COMMENTS: 3.1 In consideration of the above-noted, staff cannot support the proposed rezoning and respectfully recommend the application be denied. BeeDeotfoIIy submitted, Recommended for presentation to the Committee ��\ -------------------------- 7�r -- _______________ Franklin V��r y�.C.I.P. [awre teeff Director of Planning 6 Development Chief ��n�»��trative Officer �� CP*FW*oo *Attach. January 27, 1989 CC: Gerald 6 Ethel 8aI000 Hampton Post Office HAMPTON, Ontario LOB IJ0 � - SUBJECT SITE LOT 19 LOT 18 LOT 17 RH A. � � (f ;• • . SAM: +� 1-1 PAS- �. a RH co W �. RHs� . • i1 . �`� , Gc RH; + 0 ,.+ V cn RH H ; RH " (TAUNTON ROAO). REGIONAL ROAD 4 ' 0 5o too :oo 300 , . KEY • MAP �'-�--, �► Dev . 87 .63 bev.87-63 I KERR STREET t--C N 540 21'30E 352 44 Sit Plan 4 rr I c CL .$ `3`} \\ co To Be Retained To Be Severed ti j i 0 _ r O 0 y ♦♦♦ ♦♦♦♦♦ 5 to FTwFFN PF •••�•'ot••• --To Be Severed �? RR �� (Z) N 4 NO • •• • � o N Q4M�STON� t dl•••'••. M •� 0 o LOT 18 ':0-CON. 5 z EXISTING PROPERTY BOUNDARY ACCORDING TO SITE PLAN AS SUBMITTED BY APPLICANT. EXISTING PROPERTY BOUNDARY ACCORDING TO A COMPILATION OF ASSESSMENT INFORMATION, ORMISTON PLAN AND PERRY PLAN, REGISTERED INSTRUMENT N? 18434. DN: 269-87 (°) TOWN OF NEWCASTLE REPORT File # Res. # Sy-Law # (MEETING: General Purpose and Administration Committee DATE: Monday, October 19, 1987 REPORT #: p„-269-U FILE #: nEu- 7-62 SUB,JECT: REZONING APPLICATION - GERALD & ETHEL BALSON PART LOT 18, CONCESSION 5, FORMER TWP. OF DARLINGTON OUR FILE: DEV 87-63 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-269-87 be received; and 2. THAT the application submitted by Gerald & Ethel Balson to rezone a 0.36 hectare parcel of land located in Part Lot 18, Concession 5, former Township of Darlington, be denied without prejudice as the proposal does not conform to the provisions of the Regional Official Plan or the Town of Newcastle Official Plan. BACKGROUND AND COMMENT: On August 20, 1987, the Planning Department received an application submitted by Gerald and Ethel Balson to rezone a parcel of land within Part of Lot 18, Concession 5, former Township of Darlington to permit the development of two (2) additional residential lots within the Hamlet of Hampton. The subject lands are designated "Hamlet" within the Region of Durham Official Plan and the Town of Newcastle Official Plan. The Regional Plan stipulates that the predominant use of lands under this designation shall be for residential development. . ..2 REPORT NO. : PD-269-87 PAGE 2 ------------------------------------------------------------------------------- Within Zoning By-law 84-63, as amended, of the Town of Newcastle the subject site is currently zoned ''Residential Hamlet (RH)". This zone permits a single detached dwelling on a lot with a minimum frontage of 30 metres and a minimum lot area of 3000 square metres, or a lot having a lesser lot area and/or frontage than required where the lot was legally conveyable prior to the date of passing of By-law 84-63 (September 10, 1984). In addition to the above comments, Staff would note, as stated within the Town of Newcastle Official Plan, raesidential development within a Hamlet may proceed on the basis of a 0.4 hectare lot. Council may further approve a reduction only so far as the minimum lot size is not below 0.3 hectares. Any reduction from 0.4 hectare is based on the submission of an Engineering Report based on test drilling which confirms the following: - soil conditions satisfactory for the effective operation of a private waste disposal system - no adverse effects upon existing water supplies and an adequate supply of potable water to service the proposed development; and - an adequate separation between water table and septic tile fields. In accordance with approved policy, the subject application was circulated to various agencies and departments for comments. The following is a summary of comments which have been received. The following departments/agencies had no objections: - Town of Newcastle Building Department - Town of Newcastle Fire Department - Central Lake Ontario Conservation Authority - Ministry of Agriculture and Food The Durham Regional Department of Health Services offered the following comment: "The above application for rezoning has been investigated by this Health Department and approval is not recommended as there is insufficient area for On-Site Sewage Disposal Systems for two (2) residential lots." The Durham Regional Planning Department commented as follows: "The subject property is designated "Hamlet" in the Regional Official Plan. The plan states that development in Hamlets shall be serviced by a private well and a private waste disposal system approved by the Regional Health Services Department. Since the subject property does not comply with the Health Services standards, accordingly the Rezoning would not conform to the Region's Official Plan." . ..3 g(°) REPORT NO, : PD-269-87 PAGE 3 ---------7--------------------------------------------------------------------- It is noted for the Committee's information that Staff received a letter from a neighbouring property owner' expressing their 'support. of -the proposed.Zoning -By-law amendment. It is also noted for the Committee's information that the applicant submitted a "Geoteehnieal Investigation Site Suitability Report" prepared by Gibson and Associates in support of the proposed rezoning. the report concluded that the proposed land severances will have no negative impact on existing water supplies. A properly installed and partially raised leaching bed (.45m) and adequately sealed., drilled well at least 15 metres deep, should ensure continued availability of existing potable water supplies. The Report as prepared was based on a total land holdings of 0.51 hectares (1 .25 acres) . Staff would note, that upon reviewing the deed of the subject lands and the assessment information; the property would appear to be 0.36 hectares (0.89 acres) . Gibson and Associates, upon being informed of the difference in lot area, indicated that the reduction in lot area could affect the results and conclusions of their report. In consideration of the above-noted comments received from the Durham Health Department Services and Regional Staff, and the provisions of the Town of Newcastle Official Plan, Staff are not in a position to support the application as filed. Respectfully submitted, Recommended for presentation to the Committee gDirecto4rof s, M.C.I.P. Lawrence E. Kotseff Planning Chief Administrative Officer PBN*TTE*jip *Attach. October 9, 1987 APPLICANT: Gerald & Ethel Balson Hampton Post Office HAMPTON, Ontario LOB 1J0 � • SUBJECT •.SITE LOT 19 LOT 18 LOT 17 RH 1 A- 1 A-V �) N PvE . � �• SAM. pOE �I H RH RHs ; w RH U cn RH H . � RH i EP TAUNTON ROAD). REGIONAL ROAD 4 4 M 0 50 M 200 300- KEY MAP •Dev . 8 7 -�6 3 Dev. 87-63 I KERR STREET N 540 21' 30°E 352 44(Site Plan 4 rr I EL o � GG o_ L�a �$ 24 \ To Be Retained To Be Severed h j 3� o ; - O O 2 I``IInIIIIt • ` 5 Q Z I•I•• R � I �E B • L �L! O O erweEN PFRR r#,Vt#� To Be Severed �? o O O Y p�A AND � ••t t�� t V N s N Q4Ml3TONtl2g;t�a�d�a,,� M 0 o LOT 18 o CON. 5 � Z EXISTING PROPERTY BOUNDARY ACCORDING TO SITE PLAN \� AS SUBMITTED BY APPLICANT. EXISTING PROPERTY BOUNDARY ACCORDING TO A COMPILATION OF ASSESSMENT INFORMATION, ORMISTON PLAN AND PERRY PLAN, REGISTERED INSTRUMENT W 18434. c\ O