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HomeMy WebLinkAboutPD-161-86 TOWN OF NEWCASTLE REPORT File # ,c0�'-5".� Res. # r By-Law # SING: General Purpose and Administration Committee DATE: Monday, June 16, 1986 REPORT #: PD-161-86 FILE #: DEV 86-27 SU�ECT: REZONING APPLICATION - ESTATE OF MARY ETHEL LYCETT PART LOT 28, CONCESSION 5, FORMER TWP. OF CLARKE (ORONO) FILE: DEV 86-27 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-161-86 be received; and 2. THAT the Rezoning Application submitted by Josie Doxtater and Dorothy Hartford on behalf of the Estate of Mary Ethel Lycett to rezone a 1.67 hectare (4.13 acre) parcel of land in Part of Lot 28, Concession 5, former Township of Clarke (Orono ) be tabled pending the receipt and approval of the appropriate Engineering Report; and 3. THAT a copy of Council ' s decision with respect to this matter be forwarded to the applicant and interested parties as indicated hereto. bACKGROUND: On April -23, 1986, the Town received an application submitted by Josie Doxtater and Dorothy Hartford on behalf of the Estate of Mary Ethel Lycett to rezone a 1.67 hectare (4.13 acre) parcel of land in Part Lot 28, Concession 5, Clarke Township (Orono) to permit . . .2 REPORT NO. : PD-161-86 Page 2 the severance of two (2) additional residential building lots on private services. The property is currently zoned "R1-2" by By-law 84-63, which requires all new uses established in this zone to be serviced by a municipal water system and a private sanitary waste disposal system. The rear portion of the property is zoned "EP" to reflect the floodplain of Orono Creek. In accordance with departmental procedure, the subject application was circulated to various departments and agencies for comment. The following is a summary of the major comments received: Town of Newcastle Fire Department "No objection. Response is from Station #3, Orono located just south of this property and water supply is by Fire Department tanker truck. Consideration should be given to Planning Department Report 40-84 in respect of fire protection for rural developments. " Ganaraska Region Conservation Authority "No objection to the proposed rezoning provided the "EP" zoning along the flood plain of Orono Creek is retained." Region of Durham Planning Department "We note that the property is located within the vicinity of the Hamlet of Orono as identified in the Durham Regional Official Plan. Development within this Hamlet is limited to minor internal infilling and/or minor additions to existing development. It is our understanding that a Development Plan has not been prepared for this Hamlet. The subject proposal is considered to be minor development and as a result would appear to conform to the provisions of the Durham Regional Official Plan." Region of Durham Health Unit "Insofar as health matters are concerned, this Department has no objection to the proposed rezoning." . . .3 REPORT NO.: PD-161-86 Page 3 Region of Durham Health Unit (Cont'd) A neighbour of the applicants, Mr. Sherwin, has stated that he is opposed to the creation of residential lots in this area as it may deplete the groundwater table. As this matter is not within the jurisdiction of this Department, I am bringing it to your attention for whatever course of action you feel necessary. " The following departments and agencies indicated no objection to the proposed rezoning: - Town of Newcastle Public Works Department - Town of Newcastle Building Department - Northumberland and Newcastle Public School Board - Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board - Ministry of Agriculture and Food i The subject lands are also the subject of two (2) severance applications Files: LD 333/86 and LD 334/86 (scheduled to be considered by the Region of Durham Land Division Committee on June 16, 1986 ) . The severance applications propose the creation of two (2) lots each with a frontage of 27.73 metres (and an area of 0.7 hectares) (1.41 acres) . The retained lands, which currently support one (1) single family dwelling, is proposed i to have a frontage of 27.73 metres and an area of 0.54 hectares (1.35 acres) . The "R1-2" zone, which is the current zoning on the property, requires a minimum lot frontage of 20 metres and a minimum lot area of 695 square metres. i In consideration of the Land Division Committee applications, Planning Department Staff provided comments for the Land Division Committee's consideration, similar to the recommendation within this Report. The Town of Newcastle Official Plan (Section 9.11) requires an application for development by consent within a Hamlet to be accompanied by a detailed Engineering Report based on test drilling which confirms the following: . . .4 REPORT NO.: PD-161-86 Page 4 - 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; - an adequate separation between water table and septic tile fields. The Engineering Report has not been submitted to Town Staff as of the writing of this Report. Staff have contacted the applicant who has indicated that the Report is being prepared. The Report , once submitted, will be circulated to the Region of Durham Health Unit for their review. Public Notice with respect to the subject rezoning application was provided in accordance with Planning Act regulations. One written objection to the * application, bearing three signatures, has been submitted (copy attached). Further review of this submission, in conjunction with the Engineering Report is warranted prior to any decision being made. COMMENT: I Staff note that no major objections to the proposed rezoning were received from commenting agencies. The Region of Durham Health Unit has indicated no objection to the proposed rezoning; however, a copy of the Engineering Report with respect to private wells and sewage disposal will be circulated to the Health Unit for comment upon submission by the applicant. With respect to the concern of area residents that the proposed development will adversely affect existing water supplies, Staff note that the Report is required to demonstrate that there will be no impact on existing well water supplies. Otherwise, approval is not warranted. Currently, the municipal watermain on Regional Road No. 17 terminates approximately 390 metres south of the subject lands. Regional Staff have indicated in discussions with Town Staff that the extension of municipal water to service the subject lands is not anticipated within the foreseeable future. i I . . .5 REPORT NO. : PD-161-86 Page 5 It is therefore recommended that application for rezoning submitted by Josie Doxtater and Dorothy Hartford be tabled pending the receipt and approval of the appropriate Engineering Report. Respectfu m' ted, .i" . Edwards, M.C.I.P. Director of Planning JAS*TTE*j i p *Attach. June 2, 1986 i Applicant: Mr. Donald Lycett Main Street ORONO, Ontario LOB IMO cc: Dorothy Hartford & Josie Do c/o Edvan Realty 214 King Street East BOWMANVILLE , Ontario L1C 1P3 cc: Len & Dorothy Guy R.R. #2 ORONO, Ontario LOB IMO cc: Mr. Brian Fluke R.R. #2, Box 58 ORONO, Ontario LOB 1 MO j I i I i I i i i lV \ `/ � Representation to Council of the Corporation of the Town of Newcastle Proposed zoning bylaw amendment under Section 3 � of the Plannin Act � Planning 1 . 67 hectare parcel of land in Part Lot 28, Concession 5, former Cl�ark " --� Clerk 's File: 60. 35. 298 Planning Filex DEV 86-27 , ' ' ^ Attn. Mr. T. T. Edwards, Director of Planning Planning Department , Municipal Offices, Hampton, Ontario. ' LOB 1J0 May 30, 1986. Dear Sir. ' The undersigned property owners of land forming Part Lot 28, ' Concession 5, former Township of Clarke, are opposed to the application to rezone the parcel in question from "R1-2 - Urban Residential Special Exception Two ' to "R1-13 - Urban Residential Special Exception Thirteen ' to permit the severence of two / dditional building lots on private services. The objection is based on the fact that the area has, over the last several years, experienced severe bacteriological pollution affecting the existing private drinking water supply, with Ministry of Health Laboratory reports showing both high coliform counts as well as the presence of faecal material . If approved , the amendment to the Zoning Bylaw will permit the building of additional homes, with private services, resulting in a further deterioration of the present water supply. A complete history of Ministry of Health Laboratory results is no longer available, but recent readings are as follows: X 10/1 X 10/1 Date Lab No. Prop No. Owner Coliform Faecal 10/12/82 007264 5909 Guy 4 2 11/62/82 008168 5909 Guy 18 0 "5/20/8 3627 5909 Guy 24 0 ( ired well , 45 feet deep , fully lined with 36 inch cement tiles Leonard F. Guy 05/21/86 3755 5925 McLaren 102 0 Dug well , 50 feet deep , 40 inch , partially lined. 05/05/86 2492 5989 Sherwin >160 0 05/09/86 2945 5989 Sherwin 60 0 . 05/21/86 3796 5989 Sherwin 88 0 Bored well , 50 feet deepv fully lined with 36 inch cement tiles Laurence R. Sherwin i � r . o N ra __--- MAIN STREET r C6 \ — O Ma O S y ^... rn —� 0 co O HIGHWAY 35 a 115 v N N N o Z - -- - - - - - - - - - - - - - - ----- - -- ---. ... .... - � C30 ....... .................... CONCESSION 5