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HomeMy WebLinkAboutPD-150-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: HALE.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File# U` `.s 1,o IQ, Hate: Monday, July 8, 1991 Res. # By-Law# Report#:PD-1 5 n-c1 File#: my 91 -n 18 Subject: REZONING APPLICATION - WALTER HALE PART LOT 10, CONCESSION 2, FORMER TOWNSHIP OF CLARKE FILE: DEV 91-018 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-150-91 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Irwin Hamilton, on behalf of Walter J. Hale be referred back to Staff for further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Walter J. Hale 1.2 Agent: Irwin Hamilton 1. 3 Zoning Amendment: From Agricultural - Exception (A-1) to an appropriate zone in order to permit the creation of six (6 ) Hamlet Residential lots with municipal water and private septic systems . Each lot would have approximately 3400 square metres in area. i 1. 4 Area: 2 . 04 hectares (5 . 04 acres) i . . .2 71415 IS PRi Otl nE CYCIE n PAPEn REPORT NO. PD-150-91 PAGE 2 2 . BACKGROUND 2 . 1 In April of 1991, the Town of Newcastle Planning and Development Department received an application, submitted by Irwin Hamilton on behalf of Walter J. Hale, to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to permit the creation of six (6) Hamlet residential lots with municipal water and private septic systems . 2 .2 The lands subject to the application is a rectangular shaped parcel approximately 2 . 04 hectares, (5 . 04 acres) in size and is located at the north east corner of Hill Street and Reid Road but is more formally described as Part Lot 10, Concession 2, former Township of Clarke. 3 . PUBLIC NOTICE AND SUBMISSIONS 3 . 1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands . In addition the appropriate notice was mailed to each landowner within the prescribed distance. 3 .2 As of the writing of this report, no written submissions have been received. However, Staff have received one ( 1) telephone inquiry from an area resident who requested more detailed information with respect to the proposal . 3 . 3 For the Committee's information, the subject application was originally scheduled for a Public Meeting to be held on June 3, 1991. However, the applicant did not install the Public Meeting sign on the subject property in accordance with the requirements of the Planning Act. Therefore, the June 3, 1991 Public Meeting was cancelled and the area residents were notified. 4 . OFFICIAL PLAN CONFORMITY 4 . 1 Within both the existing Durham Regional Official Plan and the . . . 3 REPORT NO. PD-150-91 PAGE 3 recommended Official Plan the subject property is designated as a Permanent Agricultural Reserve Area with an overlying Hamlet symbol. The extent of the limit of the Hamlet is to be defined in a Hamlet Plan. 4 .2 Within Schedule 9-6 to the Town of Newcastle Official Plan, the subject property is designated as Residential Expansion within the Newtonville Hamlet Plan. As residential uses are intended to be the predominant use of land so designated, it would appear that the proposal conforms with the Town of Newcastle Official Plan. 5 . ZONING BY-LAW COMPLIANCE 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is zoned Agricultural - Exception (A-1) . As residential uses of the size and magnitude proposed in the application are not permitted in the current zone category, the applicant has applied to amend the zoning by-law accordingly. 6 . AGENCY COMMENTS 6 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received to date. 6 .2 The Regional Health Department has reviewed the subject application and has advised that the following additional information is required before comments can be submitted. a) Two copies of a lot servicing plan, indicating the proposed location of all structures and subsurface sewage disposal system envelopes including a 100% replacement area for the systems . b) Results of a soil sampling programme comprised of a sufficient number of 2 metre deep test holes to adequately represent the varying geology of the subdivision. Each sample is to be analyzed at the . 75 and 1. 5 metre depth for: i) grain size distribution . . .4 CIA. REPORT NO. PD-150-91 PAGE 4 ii) permeability coefficient including an estimated percolation time in min/cm iii) soil classification iv) seasonal high ground water determination ground water seepage and level after a 24 hour period. The applicant must contact the area public health inspector prior to doing any field testing. c) An existing and final grading plan indicating final lot drainage patterns . d) A hydrogeological report and an environmental impact study of the proposed on site and adjacent water supplies with respect to bacterial and chemical contents . Information should be obtained through test wells drilled on the subject property. 6 . 3 The Public Works Department has advised that they have no objection to the application but note for the Committee's information that the applicant will be required to contribute $33,825 . 00 to the cost of upgrading Hill Street and $2800 . 00 for street illumination in accordance with Town policy. 6 .4 The balance of the circulated agencies which provided comments were Town of Newcastle Community Services Department, Town of Newcastle Fire Department, Ganaraska Region Conservation Authority and Ministry of Agriculture and Food. None of the aforementioned agencies/department have provided objectionable comments . Regional Planning Department and Regional Works Department have yet to respond to the circulation. 7 . STAFF COMMENTS 7 . 1 The subject lands are located in Part of Lot 10, Concession 2, in the former Township of Clarke and are designated as Residential Expansion in the Newtonville Secondary Plan. The applicant intends to amend the zoning by-law in order to permit the creation of six (6) residential hamlet lots with municipal water and private septic systems . REPORT NO. PD-150-91 PAGE 5 7 .2 Although the Regional Planning Department has yet to respond to the circulation, Staff note that Section 16 . 9 . 4 of the Durham Regional Official Plan and Section 20. 7 .2 of the new Regional Plan consider three (3) additional lots as the maximum number of division by consent. Therefore, it would appear that the applicant would be required to make an application for a plan of subdivision. Nevertheless, the Planning and Development Department will await comments from the Regional Planning Department with respect to the subject application. 7 . 3 As the purpose of this report is to satisfy the requirements of the Planning Act with respect to a Public Meeting, and in consideration of the outstanding comments, it would be in order to have the application referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawren*Aistrative otseff Director of Planning Chief and Development Officer WM*FW*cc *Attach 28 June 1991 Interested parties to be notified of Council and Committee's decision: Hamilton & Associates Walter J. Hale Barristers & Solicitors R. R. #1 P.O. Box 39 ORONO, Ontario LOB 1MO 1 Division Street BOWMANVILLE, Ontario L1C 3K8 PORT LOCATION AREA i INST Nt —' — —PAa,__ ,BEN PLAN [OR Y ' RDarvro Ago arosnEo 1 IT ID 1 iU _Nwt-.6tk 19,iyvo concEssioN 2 / t C L A R K E l ].O] Z SIfiATUwE / p� y PLAN OF SURVEY OF PART OF LOT 10,CONCESSION 2, r J T TOWNSHIP OF CLARKE,now in the TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE 1 1000 (METRIC) BROWN 81 COGGAN LTD,O.L.S.,1990 �, N 73.50.00•• - ,ll PART 7. 'P,M- R ?ART P PART tO ° ?9RT ^ •?Il!RT � SURVEYORS CE F / - _ RTl KATE o J° .✓ .� `S (� .<�� 1 n I CERTIFY THAT: -° I THIS SANE!AND PLAN APE OORRES.TAND IN ACCORDANCE w l)4 THE SURVEYS ACT 0 - ?. 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CNITION THIS RAN IS NOT A PLAN ONTARIO LAND SURVEYORS I DIVISION STREET 181 KING STREET EAST OF SUBDIVISION WITHIN THE 8OWMANVILL.E,ONTAR10 OSHAWA,ONTARIO MEANING OF THE BANNING ACT. 623'7251_LJC 2z2 379- 7280 LIH IC2 pYWN Ins J PL-_- $GALE 1---1000 TILE N. 140t,Si6.R yNIM11111.111y . 111 I,•` D CONCESSION 2 Z 11,1 WrEH LOT 10 IIIUIpU11U.111g1.111111111 N REID ROAD oytNt I.1. QAQ 4111.46 _ OVEN RD, t D —� C. C7 = rn On o - to 0 rn f MMAr- = N D 0 0 N 0 o NEWTONVILLE ROAD AOAD ALOWANCt OETWEEN l T e e •---- co o REGIONAL ROAD 18 0 � •gas• �-- _ r0 _ � I co