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Home My WebLink AboutPD-199-86 TOWN OF NEWCASTLE �,N f, REPORT File # /Q Res. L1QW-111°� By-Law # MEETING: General Purpose and Administration Committee DAIS: Tuesday, September 2, 1986 REPORT #: PD-199-86 FILE #: DEV 86-21 SUBJECT: APPLICATION FOR REZONING - FLOYD NICHOLSON CONSTRUCTION LIMITED PART LOT 28, CONCESSION 5, former Township of Clarke RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-199-86 be received; and 2. THAT Staff Report PD-150-86 be lifted from the table and received for information; and 3. THAT Rezoning Application DEV 86-21 submitted by Floyd Nicholson Construction Ltd. to permit the development of 3 residential lots on private water services be approved; and 4. THAT the by-law attached to this Report be forwarded to Council for approval ; and 5. THAT the applicant be advised of Council ' s decision and requested to contact the Public Works Department with respect to that Department' s specific access requirements. . . .2 REPORT NO.: PD-199-86 Page 2 BACKGROUND: On July 21, 1986, the Planning Department received a letter from the Region of Durham Health Unit advising that Rezoning Application DEV 86-21 submitted by Floyd Nicholson Construction had been re-investigated by the Health Unit. The letter advised that conditional approval of the application is recommended, providing the following is registered on title for each lot. 1. Drilled wells be installed; and 2. Septic beds are kept 50 feet from the low, wet area The subject rezoning application seeks to rezone a 1.1 hectare (2.73 acre) parcel of land in Part Lot 28, Concession 5, former Township of Clarke (Orono) to permit the severance of 3 residential building lots on private water services and a private sanitary waste disposal system. The subject lands are currently zoned "R1-2" by By-law 84-63 which requires that all new lots be serviced by municipal water. The Public Meeting with respect to the subject application was held on June 2, 1986. Committee also considered Staff Report PD-150-86. The Report noted that the Regional Health Unit had not recommended approval of the subject application in that most of the property is marshland and therefore unsuitable for three lots due to the lack of area for sewage disposal . The Health Unit also questioned the conclusions of the Soils Analysis prepared by the applicant' s consultant which indicated that there was sufficient groundwater to serve the three lots. The Health Unit indicated no objection to the issuance of a building permit for the one existing lot. Staff Report PD-150-86 recommended that the Rezoning Application to permit the development of 3 lots on private services be denied, and recommended the approval of a by-law to permit the development of the existing single lot on private services. Committee resolved (Resolution #GPA-541-86) to table the Staff Report for further dialogue. This resolution was confirmed by Council at its meeting of June 9, 1986 (Resolution #C-497-86). . . .3 REPORT NO.: PD-199-86 Page 3 COMMENT: As indicated earlier, the letter from the Health Unit recently received by the Planning Department indicated no objection to the creation of three lots on the subject site conditional upon a clause being registered on title requiring drilled wells and the location of the septic beds at least 50 feet from the low wet area. Staff note that such a clause on title can be included as the Town' s Conditions of Approval on the related severance applications. These applications were considered by the Region of Durham Land Division Committee on June 2, 1986 and tabled at the applicant's request. Staff note that the original rezoning and severance applications proposed the dedication to the Town of a strip of land along the eastern portion of 'the subject site to provide one-half of the land required to provide a publicly maintained road to 4 single family dwellings which currently have access to Mill Street via a private right-of-way. The Town' s Public Works Department has indicated that they do not wish the subject strip of land to be dedicated. Therefore, should the rezoning application be approved, Staff will request in revised comments to the Land Division Committee that the severance applications be amended to delete the proposed road. The Public Works Department also indicated in their comments on the rezoning application that the applicant be required to construct the accesses at their cost in accordance with Town standards. The paved portion of Mill Street lies a considerable distance from the front lot line of the subject lands, thereby requiring the installation of a longer than normal culvert and access. By copy of this report, the applicant is being made aware of this comment and should contact the Public Works Department to further discuss the Town's entrance requirements. . . .4 � CGS REPORT NO.: PD-199-86 Page 4 Staff would have no objection to the approval of the rezoning application to permit the creation of 3 lots on private services. Accordingly, it is recommended that Staff Report PD-150-86 be lifted from the table and received for information. It is further recommended that Rezoning * Application DEV 86-21 be approved and the By-law attached to this Report forwarded to Council for approval . Respectful srf" , T. T. Edwards, M.C. I .P. Director of Planning JAS*TTE*bb July 31, 1986 cc Mr. W. K. Lycett Box 87 ORONO, Ontario LOB 1MO cc Floyd Nicholson Construction Limited R.R. #4 LINDSAY, Ontario K9V 04 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- 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 RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "13" to By-law 84-63, as amended, is hereby further amended by changing to "R1-13" the zone designation of the lands indicated as "ZONE CHANGE TO R1-13" on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this by-law. 3. 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 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR CLERK • I This is Schedule X to By-law 86 --, passed this day of , 1986 A.D. /N� N �1 p 1 X06 P1 �i M m rz N8990, Ile 6.48 A N71°547 20'IE 1 IN n N_ LOT 28 i LOT 27 Ti CONCESIMON 5 1_�T _ = ZONE CHANGE FROM ItR 1-2"TO"R1- 13 0 25 50 100. Mayor 25.15 5 Clerk LOT 29 LOT 28 LOT 27 T EP , j R1'2 - R1.2 I I r / Al o I � I� UBJE CT SIY t p - A iI4E; EP RI-2 i NI 2 I M1 ;I M C3.3 I „ i 0 50 100 200 300. j ORONO 50® I 5,