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HomeMy WebLinkAboutPD-6-87~~~1 ,,,,r .~w.u ucr ,~,~ aG, ~'~ '~, '1 TOWN OE NEWCASTLE REPORT File # Res. #~.7'Jr"l b~~~. ~~ By-Law # NETTING: General Purpose and. Administration Committee DATE: Monday, January 5, 1987 T #: PD-6-87 FILF #: 86-74 _D NB Sl1~CT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN AND TOWN OF NEWCASTLE OFFICIAL PLAN -JOSEPH & CARL SCHWARZ PART LOTS 11 and 12, CONCESSION 1, BOWMANVILLE FILE: 86-74/D/NB CROSS REFERENCE: PROPOSED PLAN OF SUBDIVISION 18T-86066 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-6-87 be received; and 2. THAT Official Plan Amendment Application 86-74/D/NB submitted by Joseph and Carl Schwarz be referred back to Staff for a subsequent report upon completion of the necessary circulation and receipt of all comments related thereto. i BACKGROUND AND COMMENT: On October 29, 1986, the Region of Durham advised the Town of an application submitted by Joseph and Carl Schwarz to amend the Durham Regional Official Plan and the Town of Newcastle Official Plan to redesignate a 8.3 hectare (20.5 acre) parcel in Part Lots 11 and 12, Concession 1, Bowmanville from "Industrial" and "Major Open Space" to "Residential". Subsequently, on November 3, 19$6, the Region advised the Town of the * submission of an application for a 119 unit residential subdivision on the subject lands (see Attachment No. 1). ...2 fsi REPORT NO.: PD-6-87 Page 2 The site is zoned "General Industrial Exception (M2-1)" and "Environmental Protection (EP)" by By-law $4-63, as amended. The "M2-1" zone only permits the use of the lands for a manufacturing, processing, assembly or fabrication plant; the lands were zoned "Heavy Industrial (~12)" by By-law 1587, of the former Town of Bowmanville. The lands immediately adjacent to Bowmanville Creek are zoned "EP". Under the provisions of the Planning Act and the Durham Regional Official Plan, the Region of Durham is responsible for Public Meetings in respect of ~ proposed amendments to both the Regional and local Official Plans. However, inasmuch as the subject application involves the Town's Official Plan, Staff has scheduled a Public Meeting to obtain public input prior to finalizing a recommendation. In that regard, Public Notice was provided to area residents in accordance with the requirements of the Planning Act. As of the date of the writing of this repo rt, no submissions from the public with respect to the subject application have been received by Staff. The Official Plan Amendment application and proposed Plan of Subdivision have been circulated by the Region and the Town to various departments and agencies for comment. Not all of the circulated agencies have responded; the following is a summary of the comments received to date: Town of Newcastle Fire Department "This Department has no objection to the above-headed application. Emergency fire protection would be from Station #1, which is within an acceptable travel response distance. Water supply for firefighting is through the Regional hydrant system. The two proposed access routes (Nelson Street and Durham Street) are satisfactory for this department's requirements. It is my understanding that the existing rail spur line that runs on Hunt Street is used on a limited basis and train cars would not block both subdivision entrances at the same time." ...3 ~~-~) REPORT NO.: PD-6-87 Page 3 Town of Newcastle Community Services Department "Based on our current policy we will not accept Block 90 as parkland dedication. The Town shall require the gratuitous dedication of flood susceptible lands associated with the Bowmanville Creek system either to the Town or to the Conservation Authori ty. A subsequent plan of the remnant parcel retained by the applicant (Lot 12) is required to determine the ultimate parkland requirements of the Bowmanville Creek Valley lands in association with C.L.O.C.A.'s master plan of this area." Ministry of Natural Resources "Ministry Staff have reviewed the proposal and inspected the site. While we have no objections to the principle of development at this site, we do have concerns which should be addressed prior to the approval of the plan. The Bowmanville Creek, a significant co1dwater trout stream, is located just west of the subject property. This creek is used as a spawning migration route for rainbow and brown trout as well as pink, coho and Chinook salmon. Our major concern with this proposal is the potential for erosion of the valley lands on the western boundary of the site and the subsequent effects on tYie creek as well as the wetland downstream. This wetland is a significant warmwater fish spawning area and should be protected against excess sedimentation resulting from upstream development activities. It was noted at our site inspection that the valley slope in the rear of Lots 39 to 44, inclusive, is severely eroded. This slope should be stabilized in order to prevent further erosion and the subsequent siltation of the Creek. Recommendations: Based on the above, the Ministry has no objections to the approval of this subdivision provided that it be subject to the following conditions: 1. That Block 90 of the plan be retained in the "Environmental Protection (EP)" zone as indicated in Town of Newcastle By-law 84-63. 2. Prior to any grading or construction on the site, the Uwner shal 1 prepare a stormwater and erosion control plan, which shall be acceptable to the Nlinistry of Natural Resources. This Plan will show all proposed surface drainage works, and will desc ribe the means to minimize soil erosion and the direct discharge of stormwater flow into Bowmanville Creek, both during and after construction. These plans wil l al so describe the means to stabilize the valley slope in the rear of Lots 39 to 44 in order to minimize further undercutting of this slope. ...4 ~~ REPORT NO .: PD-6-87 Page 4 Ministry of Natural Resources The Subdivision Agreement between the Owner and the municipality shall contain the following provision in wording acceptable to this Ministry: a) That the Owner agrees to implement the stormwater and erosion control plans for the site as required in Condition 2 above." Canadian National (CN) Railway "The Railway objects to the locating of any new residential development adjacent to our operated right-of-way. The proposed development being adjacent to the Bowmanville Spur, a Tertiary Branchline, must comply with the following conditions in accordance with our standard noise, vibration and impact mitigation measures before the Railway will withdraw its objection. a) No berm or fence required. b) Setback of dwellings from the railway right-of-way to be a minimum of 15 metres. c) No vibration mitigation measures required. d) A clause should be inserted in all offers to purchase, agreements of sale and purchase or lease and in the title deed or lease of each dwelling, warning prospective purchasers or tenants of the existence of the Railway's operated right-of-way; the possibility of alterations to or an expansion of its rail facilities thereon in the future, including the possibility that the Railway may expand its operation, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the Railway's use of its faci liti es and/or operations. e) Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. f) The Developer shall install at his own expense, a chain link fence of minimum 1.83 metre (6 feet) height along the mutual property line, whch shall be maintained by the Owner. g) That the owner, through restrictive covenants to be registered on title and all agreements of purchase and sale provide notice to the public that the proposed fencing is not to be altered and further that the sole responsibility for the maintenance of the noise barrier fence is the property owner's responsibility. ...5 REPORT NU.: PD-6-87 (g Page 5 '~ Canadian National (CN) Railway h) Pursuant to the Planning Act, the Town shall provide this office of the Railway with written notice of the public meeting, by-law and passing of the by-law appropriately zoning the lands hereby proposed for subdivision. If any of the above recommended conditions are not to be imposed by Regional Council or its Appointed Officer i n its approval , CN formally requests, by this letter, that the Draft Plan of Subdivision not be approved but be referred to the Ontario Municipal Board pursuant to Section 4(1 ), 5(1) and 5U(15) of the Planning Act, 1983, S.U. 1983, c.1." The following agencies have indicated no objection to the Official Plan Amendment Application and the proposed Plan of Subdivision: - Town of Newcastle Building Department - Ontario Hydro - Northumberland and Newcastle Board of Education - Ministry of Transportation and Communications It is respectfully recommended that the Official Plan Amendment application 86-74/D/NB be referred back to Staff for a subsequent report. JAS*TTE*jip *Attach. December 11, 1986 cc: Mssrs. Carl & Joseph Schwarz R.R. #6 BOWI~WNVILLE, Ontario L1C 3K7 cc: Nor. George Pollitt 70 Bond Street West Box 83'L USHAWA, Ontario L1H 7N1 Recommended for presentation to the Committee Lawrence Kotsetr Chi of Ad strati ve Officer ;, ~ ~!C-~)