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Home My WebLink AboutPD-20-86 W W TOWN OF NEWCASTLE REPORT File # 0- Res. # By-Law # (STING: General Purpose and Administration Committee DATE: January 20, 1986 REPORT #: PD-20-86 FILE #: DEV 85-9 SUBJECT: REZONING APPLICATION - JEAN MARC BEAULIEU PART LOT 15, CONCESSION 3, DARLINGTON OUR FILE: DEV 85-9 (NODE/CLUSTER) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-20-86 be received for information. BACKGROUND AND COMMENT: It is noted for the Committee' s information that, on December 23, 1985, Staff received a copy of a letter confirming the Ontario Municipal Board' s receipt of an appeal of the Town of Newcastle decision with respect to Mr. Beaulieu' s rezoning application DEV 85-9 (see * attached report). As Committee may recall , Mr. Beaulieu submitted an application requesting a rezoning to Node or Cluster to permit the severance of a residential lot. At the Committee meeting of September 16, 1985, the Committee considered Staff Report PD-129-85 in respect of three (3) proposed applications for rezoning to identify a rural residential node or cluster. With respect to Mr. Beaulieu' s application, two (2) residents from within the VanAndel /Gust subdivision on the west side of Old Scugog Road, expressed their objections to the proposed rezoning noting a major concern with the water supply system. . . .2 ( ((o REPORT NO. : PD-20-86 Page 2 The subject application was referred back to Staff for a further report and a response to the concerns raised. * Subsequently, Report PD-150-85 (attached) was submitted for Committee's consideration. Committee moved: THAT Report PD-150-85 be received; and THAT the application for rezoning, File: DEV 85-9 in respect of Part Lot 15, Concession 3, former Township of Darlington, submitted by Mr. Jean Marc Beaulieu, to permit the development of an additional residential lot be approved and that the attached by-law to amend By-law 84-63, as amended be forwarded to Council ." Furthermore, the recommendation of Committee was amended by adding an additional clause, that upon receipt of the Land Division application for severance, Staff request the Land Division Committee to include as a condition of consent, the architectural and floor area provisions as required in Plan 1UM-755. The recommendation of the General Purpose and Administration Committee was, however, rejected by Council at their meeting of October 28, 1985. Accordingly, the application for rezoning was not approved. Confirmation of the date for the Ontario Municipal Board hearing will be provided at such time as Staff has been advised of same. It is rioted for the Committee's information that, in view of Staff's positive recommendation, it is very likely that Staff will be subpoenaed by the appellant to support his case before the Board. Respec ull u mitted, . Edwards, M.C.I .P. Director of Planning LDT*TTE*jip *Attach. January 6, 1986 . . .3 REPORT NO. : PD-20-66 Page 3 cc: Jean Marc Beaulieu R.R. #1 BOWMANVILLE, Ontario L1C 3K2 cc: Mrs. Deborah Patrick R.R. #1 BOWMANVILLE, Ontario L1C 3K2 cc: Mr. Frank Winters R.R. #1 BOWMANVILLE, Ontario L1C 3K2 cc: Mr. Irwin Hamilton Hamilton & Bellefontaine P.O. Box 357 43 Ontario Street BOWMANVILLE, Ontario L1C 2S4 P o r t o t ) 5 C o n c e s s I o n T o w n of N ewco sf ! e RE G I ONAL MUNICIPALITY OF DURHAM t0 tt y/ i 6 'ay1 i 5 l�4 s01 _ 1 A o --A�� •' _lam °- 1 1 O G ° ~-.:.�:ii: "-`{liii?EcS':• Q , A ZONING cr %-� :ci S'x�s2 a[:r'1A:: .:::z:•lE:.°-.•.spa:^�_ _ � .._ — -- — — — _ ' '..•. :?..... ...:a:7gF1XE i Ej}af4 lEl' iii• U ..c^..... i? l _._... .......... . ::...._. .......................... _ ..::::::-EE:T.k°(!E?C•:�'.t:�NEdbEEEE::S?��.i2::iii:E::-::�:::::::::�`:!�.::.:. O .�____- _� U. - - — — --71 1? R_ N A ht R` E /G 1 O N O A A L R D J Subject Prop*rty co w �1&3f Form P-1 '11,r 12/84 Ontario Ontario 416/598-2266 180 Dundas St, West Toronto,Ontario Municipal M5G 1E5 Board December 19 , 1985, f 3 Hamilton & Bellefontaine Barristers and Solicitors, P. 0. Box 357 , 43 Ontario Street, BOWMANVILLE, Ontario . L1C 2S4 Re: O.M.B. File: Z850123 Your Ref : Jean Mark Beaulieu vs . the Town of Newcastle Receipt is acknowledged of your letter and enclosure(s) . When communicating with the Board in connection with this matter, please quote the above file number. Yours truly, Supervisor, Zoning, Official Plans and Subdivisions cc: Clerk, The Town of Newcastle I I t ^ 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 21, 1985 REPORT NO. : PD-150-85 SUBJECT: REZONING APPLICATION - JEAN MARC BEAULIEU PART LOT 15, CONCESSION 3, TWP. OF DARLINGTON OUR FILE: DEV 85-9 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-150-85 be received; and 2. That application for rezoning, File: DEV 85-9 in respect of Part Lot 15, Concession 3, former Township of Darlington, submitted by Mr. Jean Marc Beaulieu to permit the development of an additional residential lot be approved; and * 3. That the attached by-law to amend By-law 84-63, as amended, be forwarded to Council . ...2 �U (h )— d REPORT NO.: PD-150-85 Page 2 BACKGROUND AND COMMENTS: At the Committee meeting of September 16, 1985 the Committee considered Staff Report PO-129-85 in respect of three (3) proposed applications for rezoning to identify a Rural Residential Node or Cluster. With respect to Mr. Beaulieu' s application, two (2) residents from within the VanAndel/Gust subdivision, on the west side of Old Scugog Road, expressed their objections to the proposed rezoning noting a major concern with the water supply system. Mr. Kirk Piekenbrock, on behalf of Mr. Beaulieu, acknowledged to the Committee that Mr. Beaulieu was willing to contribute to the reconstruction of Old Scugog Road, but requested that the contribution be of an appropriate amount not penalizing his larger frontage than the lots across the road. The subject application was referred back to Staff for a further report and a response to the concerns raised. Staff would note for the Committee's information that Condition No. 12 for draft approval of Plan of Subdivision 18T-82034, being the VanAndel/Gust subdivision, required that the Owner was to submit to the Ministry of Environment for approval , a Hydrologist Report verifying that an adequate supply of potable water was available to service the development. Furthermore, the report was to address the possibility for cross-contamination of wells from septic effluent. Accordingly, Staff would note that the Ministry of Environment, by letter, advised that in accordance with the requirements of Condition No. 12 of draft approval , a Hydrologist Report prepared by Hydrology Consultants Limited was submitted for their review. The report indicated that the majority of wells in the area are of the bored type obtaining water from the upper overburden aquifer at an approximate depth of ten metres (30 feet). The report further indicated that a second aquifer, although discontinuous and ...3 REPORT NO. : PD-15U-85 Page 3 of a limited aerial extent, exists in the overburden and that a bedrock aquifer also exists from which well yields of 20 to 140 litres (30 to 40 gallons) per minute are being obtained. The Ministry Staff concurred with the findings and recommendations of the Consultant's Report and recommended that, because the shallow aquifer is susceptible to surface contamination and seasonal water level fluctuations, wells should be completed in the deeper underburden aquifer or in the bedrock. In reviewing the water well records for the VanAndeloGust Subdivision, as provided to Staff for twelve (12) lots, (Lots 2, 6, 7, 8, 9, 13, 15, 17, 18, 19 on Plan M-755 and Lots 2 and 3 on Plan M-763) , it is noted that they were all of a shallow depth obtaining water from the upper overburden aquifer, which the Ministry of Environment indicated, was susceptible to surface contamination and seasonal water level fluctuations. Unfortunately, this would appear to be confirmed by the residents at the General Purpose and Administration Committee of September 16, 1985. Accordingly, it is Staff's opinion that the well depth within Plan IOM-755 did not take into consideration the recommendations of the Hydrologist's Report and the denial of the subject rezoning application before Committee would not rectify the situation or serve any useful purpose. With respect to Mr. Beaulieu's request pertaining to the cash contribution for road improvements to Old Scugog Road, the Works Department advises that the comments as indicated at the Committee meeting of September 16, 1985 were made in keeping with current Town Policy and practice. It is noted for the Committee's information that the cash contribution (50%) is a frontage charge and not a per lot or levy charge. With respect to the VanAndel subdivision a similar cash contribution representative of a 50% value - $30.00 per foot of total frontage, was provided through the subdivision agreement. Accordingly, it is Staff's position that, should the Committee and Council approve the rezoning application, VFW I REPORT NO.: PD-150-85 Page 4 i a similar requirement would be made at such time as a Land Division Committee application is submitted for approval . It is further noted, for the applicant' s information, that the cash contribution is calculated in consideration of the frontage of the proposed lot only. In consideration of the above-noted comments and concerns, Staff would have no objection to the approval of the zoning by-law * amendment as attached hereto and will comment to the Land Division Committee accordingly. Respectfull 'tted, T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip *Attach October 10, 1985 Applicant: Mr. Jean Marc Beaulieu R.R. #1 { BOWMANVILLE, Ontario L1C 3K2 cc: Mr. Frank Winters R.R. #1 BOWMANVILLE, Ontario L1C 3K2 cc: Mrs. Deborah Patrick R.R. #1 BOWMANVILLE, Ontario L1C 3K2 i THE CORPORATION OF THE TOWN OF NEWCASTLE ' BY-LAW NUMBER 85- w being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVEU THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Rural Cluster (RC)" as shown on the attached Schedule "X" hereto. 'L. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1985 BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985. MAYOR rir CLERK x � -A rt This is Schedule "X" to By-law 85- V. passed this day of , 1985 A.D. TRAVELLED ROAD N Ti'it�00"( 67.403 s Mg O 0 D1 o O —j 10 V- Z U Y� 0 Z N 4 W < LOT 15 CONCESSION 3 Is 38'390 o- ® ZONE CHANGE TO " RC" 0 10 ZO 40 t0 $Ow Mayor u. ! Clerk 22 21 20 19 16 17 16 Ib 14 13 12 It 10 9 A' Q A4 r 1 1 1 H i 1 1 1 1 1 q 1 , ► � Al A � �� Ma A � 1 A 1 W A A i Al A11.1 `. 1 = '•t 1 � 1 SUBJECT SITE Former Township of DARLINGTON 4. a:�