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HomeMy WebLinkAboutPD-150-86 TOWN OF NEWCASTLE REPORT File # � 3 - aye Res. _- By-Law # MEETING: General Purpose and Administration Committee i DATE: Monday, June 2, 1986 REPORT #: PD-150-86 FILE #: DEV 86-21 SUBJECT: REZONING APPLICATION - FLOYD NICHOLSON CONSTRUCTION LTD . PART LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE OUR FILE: DEV 86-21 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: i I. THAT Report PD-150-86 be received; and i 2. THAT Application for Rezoning DEV 86-21 submitted by Floyd Nicholson Construction to permit development of three (3) lots on private services be denied, and that the * attached by-law be approved to permit development of a single lot on private services; and 3. THAT a copy of Council 's decision be forwarded to the applicant. BACKGROUND: On March 14, 1986, the Town received a rezoning application submitted by Mr. Kay Lycett on behalf of Floyd Nicholson Construction Limited. The 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 two additional residential building lots on private wells and septic systems. The subject property is currently zoned "R1-2" by By-law 84-63, which requires that new uses be serviced by a municipal water system and a private sanitary waste disposal system. The property is currently vacant. . . .2 �C K� REPORT NO.: PD-150-86 Page 2 The rezoning application notes that there are five (5) single family dwellings immediately to the east of the subject property; four (4) of these homes gain access to Mill Street via a private right-of-way across the lots. The applicant has also proposed in the rezoning application to dedicate to the Town a 1240 square metre (13,348 square foot) piece of land along the eastern portion of the subject lands which would provide one-half of the land required to provide a publicly-maintained road to these single family dwellings. Pursuant to Section 9.11 ii ) of the Town of Newcastle Official Plan, the applicant submitted a Soils Report in support of the rezoning application. This Report concluded that, with the exception of the low bottom land toward the western portion of the subject lands, no undue difficulty is anticipated with regard to general residential construction, including private servicing. In accordance with Departmental procedure, the rezoning application was circulated to various departments and agencies for comment. The following is a summary of the major comments received: Town of Newcastle Public Works Department "We have no objection to this proposal subject to the following comments: 1. THAT the proposed road allowance is not dedicated to the Town since the existing roadway is private; and 2. THAT should this proposal proceed, the applicant shall be required to construct the accesses at their cost in accordance with Town Standards. " Region of Durham Planning Department - May 5, 1986 "In response to your request for comments, we note that the subject property is located within Orono, a designated Hamlet in the Durham Regional Official Plan. Section 10.4.1.4 of the Durham Plan stipulates that minor intent is infilling and/or minor additions to existing development may be permitted in Hamlets. . . .3 REPORT NO.: PD-150-86 Page 3 Region of Durham Planning Department - May 5, 1986 (Cont'd) The Town of Newcastle Official Plan as adopted by Regional Council on November 20, 1985, also contains policies for the development of hamlets. Specifically, Section 9.11 ii ) of the Plan stipulates that an application for development shall be accompanied by a detailed Engineering Report based on test drilling. Accordingly, the proposed residential uses should be evaluated in light of the Engineering Report." i Region of Durham Planning Department - May 9, 1986 "This is further to our telephone conversation of May 5, 1986 at which time you requested we examine the availability of piped municipal water supply to the subject property. Works Staff has indicated that tests will be completed in the next three or four weeks with respect to the water supply capacity of the new Orono well . In the event that surplus capacity is available for new development, consideration would be given to extension of the distribution system upon request. We note that a watermain exists on (Old) Mill Street running north of Piggot Lane. In accordance with the Region's development charge policy, the payment of applicable levies is required where the enactment of an amendment to a By-law would result in dwelling units being constructed. We therefore, requestfully request the applicant be required to satisfy this requirement in the event of approval of this application." 1 Region of Durham Health Unit - May 1, 1986 the above application for rezoning has been investigated by the Health Department, and insofar as health matters are concerned, approval is not recommended as most of the property is marshland. The property is not suitable for three lots due to the lack of area for sewage disposal ." Region of Durham Health Unit - May 22, 1986 "Please be advised that this department does not recommend approval of this rezoning application. A large portion of this property is marshland and subject to spring flooding. The soils report submitted by Gibson and Associates deals with "ground water seepage" rather than the actual water table. This Department has no objection with the creation of one lot but does not recommend three lots, as the septic systems or wells would be located in the marsh area." i i . . .4 j REPORT NO.: PD-150-86 Page 4 Ministry of Transportation and Communications "Although we have no objections to the proposed rezoning, we advise that access to the subject lands will be restricted to Mill Street with no direct access to Highways 35/115. The Owner should be aware that any buildings located within 1300' of the centreline of the intersection of Highway No. 35/115 will be subject to this Ministry' s permit control ." The following departments and agencies indicated no objection the rezoning application. - Town of Newcastle Fire Department - Town of Newcastle Building Department - Newcastle Hydro Electric Commission - Ganaraska Region Conservation Authority - Ministry of Agriculture and Food The applicant has also submitted two applications to the Region of Durham Land Division Committee (Files: LD 300/86 and LD 301/86) to sever the two additional lots subject of the rezoning application. These applications are scheduled to be considered by the Land Division Committee on June 2, 1986. j i In the Town 's comments on the severance application, Staff noted that the applicant has submitted a rezoning application for the subject lands. Staff noted the concerns of the Region of Durham Health Unit and recommended that the severance applications for the two (2) additional lots be denied. COMMENT: Staff note the comments from the Region of Durham Health Unit state that the subject property is not suitable for three (3) lots due to insufficient area i for private sewage disposal systems. These comments were provided to the Town prior to the Soils Report being submitted by the applicant. A copy of the report was subsequently provided to the Health Unit for review. Health . . .5 REPORT NO. : PD-150-86 Page 5 Unit Staff have indicated that their original comments on the rezoning application remain unchanged. The Health Unit also advised that there is probably sufficient area available to provide private services to one single family dwelling on the lot. Staff have also contacted Regional Works Staff with respect to the availability of municipal water to the subject property. Regional Staff have advised that the new well on Somerville Street is intended to replace the two existinag wells in Orono due to salt contamination problems with these wells. It is expected that the capacity of this new well will be slightly greater than the capacity of the two existing wells combined, although the Hydrogeologist' s Report addressing the quality and quantity of water available from the new well has not as of yet been submitted to the Region. Regional Staff have indicated that the results are expected in the near future, but are unable as of the writing of this Report, to advise whether municipal water would be available to the site. As Regional Staff noted in their comments however, a watermain is located in the immediate vicinity of the subject property. Therefore, if it is confirmed that municipal water is available, only a minor extension would be required to connect the property to the municipal system. However, in view of the comments of the Durham Health Unit extension of the water system would make little difference to the suitability of the land for development of three (3) lots. We would also suggest that extension of water services along Mill Street would be cost prohibitive for one (1 ) single family dwelling. With respect to the strip of land which the applicant has proposed to dedicate to the Town as public road, Staff note that the Public Works Department has indicated they would not recommend assumption of the land and the adjacent right-of-way as public road. The existing right-of-way is unimproved and Public Works Staff have indicated that the proposed road would have to be improved to Town Standards at the applicant' s expense prior to the Town assuming the road. Staff also note that in order to provide a public road to the subject lots, it would be necessary for the owners of each of the subject lots to dedicate a 10 metre wide strip of land to the Town. Four (4) of the lots currently have areas below 0.2 hectares (0.5 . . .6 i v ��1 REPORT NO.: PD-150-86 Page 6 I I acres) and the dedication of the necessary land to the Town would significantly reduce the areas of these lots which are all served by private wells and sewage disposal . Further, the applicant has not advised the Town as to whether he has approached the owners of the lots with respect to this proposal nor have Staff canvassed them for their opinions. Given the comments from the Region of Durham Health Unit it is respectfully recommended that Application for Rezoning DEV 86-21 to permit three lots on private services be denied and that By-law 84-63 be amended to permit the j use of the subject lands for one (1) single family dwelling on private services. k espectf pitted, T.T. Edwards, M.C.I .P. Director of Planning JAS*TTE*jip May 22, 1986 cc: fair. W.K. Lycett box 87 ORONO, Ontario LOB 1MO cc: Floyd Nicholson Construction Ltd. R.R. #4 LINDSAY, Ontario K9V 4k4 i i i I ii THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- „ being a By-law to amend By-law 84-63, as amended, of the y 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. Section 12.3 is hereby amended by adding thereto the following new Subsection 12.3.18 as follows: "URBAN RESIDENTIAL EXCEPTION (R1-18) ZONE Notwithstanding Section 12.2, those lands zoned R1-18 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) 10,000 square metres b. No building or structure may be erected and no use may be established in the R1-18 zone unless the lot upon which it is situated is serviced by a private water system and private sanitary waste disposal system which complies with the regulations of the Ministry of the Environment." 2. Schedule "13" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception Two Zone (R1-2)" to "Urban Residential Exception 18 Zone (R1-18)" as indicated on the attached Schedule "X" hereto. 3. Schedule "X" attached hereto shall form part of this by-law. 4. 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 tirst 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 i I i 09 This is Schedule "X" to By-law 86 - passed this day of , 1986 A.D. 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