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HomeMy WebLinkAboutPD-129-87~ , .~ -, r~ ~~~ ~~..~ ~~ C~ TOWN OF NEWCASTLE REPORT ~ETI~: General Purpose and Administration Committee DATE ~ Monday, Maly 4, 1987 REPORT #: PD-129-87 FILE #: 87-1f~, and 18T-86076 ~~~J - File # ~ Res. # y S ~~ By-Law # SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 87-1/D SUBDIVISION APPLICATION - 18T-86076 AVELLINO HOLDINGS LIMITED PART LOTS 23/24, CONCESSION 2, FORMER TWP. OF CLARKE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-129-87 be received; and 2. THAT the kegion of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application 87-1/D and Subdivision Application 18T-86076 submitted by Avel l i no Holdings to permi t a 43 1 of estate residenti al `sub division i n Part Lots 23 and 24, Concession 2, former Township of Clarke, be denied; and -'`r 3. THAT a copy of Council's decision be forwarded to the Region of Durham, the applicant, and the interested parties indicated hereto. BACKGROUND: In January, 1987, the Region circulated an Official Plan Amendment application and Subdivision application to permit the Bevel opment of a 43 1 of estate resi denti al subdivision on a 60.67 hectare parcel of land in Part Lots 23 and 24, Concession 2, former Township of Clarke (see attached key map). The subject site is designated "Permanent Agricultural Reserve" by the Regional Official Plan and zoned "Agricultural (A-1)" by By-law 84-63, although the lands in the vicinity of Graham Creek are designated "Major ...2 -~~ REPORT NO.: PD-129-87 Page 2 Open Space" and zoned "Environmental Protection (EP)". The application also indicates that an Ontario Hydro easement traverses the subject site. A Landscape Analysis, Soils Investigation and Agricultural Assessment of the site were submitted in support of the subject applications. The Landscape Analysis notes that the site is characterized by variable topography and vegetative units, with the most significant slopes and vegetation occurring in the Graham Creek valley. The area to the south of the creek, which is the area proposed for development, is comprised primarily of upland open space with rolling topography. The Analysis states that no major sensitive stands of vegetation are threatened by the development. Graham Creek is a significant cold water fishery and the Analysis notes that the gravelly soils on-site, as well as the valleyslope soils and bottomland soils, are susceptible to erosion. Measures proposed to control erosion include mulching on exposed slopes along with straw bale check dams, erosion control settlement ponds, and earth grading and road construction during the drier part of the year. Development is not proposed to intrude into the valleyland areas, and fencing is proposed along the top of bank to minimize intrusions into the valley. The Analysis proposes that the creek valley be dedicated to the Town. A building siting plan which maximizes the retention of vegetation has been prepared. The Analysis notes the proximity of the site to the C.P.R. line and states that 50 to 100 feet of vegetation will effect a significant reduction in the degree of acoustical intrusion. The Soils Investigation found the surficial soils on-site to consist primarily of highly erodible and frost susceptible silt which is generally in a wet condition. Avery dense and impermeable sub layer of till was found over a portion of the site. Groundwater levels are generally quite shallow, averaging 0.5 metres below ground surface. The ...3 kEPORT NO.: PO-129-87 Page 3 ~~~ Report identifies the many seepage springs that occur in depressional swales to be the principal limitation of the site. The Report recommends proper lot grading, the control of surface water run-off to protect the highly erodible surface soils. As well, a permanent system of perforated subsurface drains through perennial wet areas is recommended for groundwater control and treatment of springs, wet depressional zones, and seepage lines along slopes. The Report found the surficial layer of silt and sandy silt to be suitable for soil absorption of septic effluent, although the underlying till has a very low soil absorption capability. The high groundwater levels will limit the construction of in-ground leaching beds to the higher lying and/or non-depressional lots. Specific lots that are wet will necessitate raised beds. The Report concludes from well water records that adequate groundwater supplies exist from granular zones in the deeper overburden to meet the needs of the proposed development. An Agricultural Assessment of the subject site prepared by a Resource Management Consultant was also submitted in support of the application. The Assessment states that the soil classification accorded the site by the Canada Land Inventory (C.L.I.) Soil Capability for Agriculture, being Classes 1 to 4 with topographic limitations, is inaccurate due to the scale of mapping. Amore detailed analysis conducted by the Consultant indicated that the northern portion has Class 2 and 3 capability with numerous large buildings, while the southern portion has soils ranging from Class 3 to 6. Over 50~ of the land in the southern area is marginal to very marginal for agricultural production due to adverse soil conditions, severe past erosion, excessive wetness and adverse topography. The Report claims that, notwithstanding the site's designation as Permanent Agricultural Reserve in the Regional Official Plan, the property is not high capability agricultural land. As well, the Report states that the development is proposed for the poorer land resources in the southern part of the property, and the Graham Creek Valley would act as an effective separation from the dairy operation to the northwest. The Report claims that the property has not been operated as a farm for at least the past 10 to 12 years and has contributed northing to the agricultural production in the area. Letters submitted by the applicant from 3 area residents, including a farmer who has used the property, stating that the subject property is not arable and has been used solely for pasture. ...4 ~~J REPURT NO.: PD-129-87 Page 4 Comments from various agencies circulated with the Official Plan Amendment and Subdivision Application are summarized below: Town of Newcastle Public Works Department "No objection. Some minor changes are required with regard to the cul-de-sac size, site triangles and the horizontal alignment of roads. Also site drainage and lot grading concerns must be addressed." Town of Newcastle Fire Department "No objection. Emergency response would be from Station #2 which is within the recognized safe response limit. Water supply for fire fighting would be by Fire Department tanker truck." Town of Newcastle Community Services Since the estate development is outside the limits of the Newcastle Village Urban Area, our Department recommends cash-in-lieu of parkland dedication. This Department does not want to assume Block 44 as parkland. Ganaraska Region Conservation Authority "No objections to the proposal. One point which we do wish to raise with regard to this property is the fact that Fill, Construction and Alteration to Waterways Regulations would apply to Lots 26 - 43 inclusive and Block 44 of the proposal. This Regulation addresses fill placement and/or removal along the stream valley slopes as well as construction within the Regional Storm flood plain and alterations of watercourses, with respect to flood and erosion control. The Regulation does not address the alteration of existing vegetation or the establishment of new vegetation. The existence of this Regulation, administered and enforced by the Ganaraska Region Conservation Authority, may have some bearing on the degree of control and type of development the municipality may wish to exercise in the subdivision agreement, with respect to the valley land portions of the proposal." Ministry of Natural Resources "Ministry Staff have reviewed the plan, examined the Landscape Analysis and inspected the site. While we have no objections to the principle of development on this site, we do have concerns which should be addressed prior to the approval of the plan. ...5 ~_ ~~J REPORT NO.: PD-129-87 Page 5 Ministry of Natural Resources (Cont'd) Graham Creek, which traverses the site, is a significant cold water stream. Two tributaries of this creek are also located on the property. This section of Graham Creek serves as a migration route for rainbow trout travelling upstream to spawn. Downstream and at the creek mouth, this watercourse supports salmon, trout, smallmouth bass and pike populations. Our major concern with this development, therefore, is water quality degradation. On-site soil erosion and the conveyance of sediment-laden waters to Graham Creek and its tributaries should be controlled both during and after construction so as to minimize the potential reduction of water quality and the loss of fish habitat on-site and downstream. Ministry Staff support the the retention of the "Major Open Space" and ~ "Hazard Land" designation in the Regional Official Plan, and the "EP" '~„~- zone in By-law 84-063, for the valleylands of Graham Creek. These designations assist in maintaining a natural buffer to the creek. We note that the rear of Lots 26 to 43 inclusive, extend into the Graham Creek valley system. The plan indicates that the valleylands will be privately owned. The Landscape Analysis proposes farm fences with signage being place on the top of bank to notify lot homeowners on valleyland and valleyslope restrictions. The Ministry supports this concept. Based on the above, the Ministry of Natural Resources has no objections to the approval of this subdivision provided that it be subject to the following conditions: 1. That the EP zone be retained on the subject property as indicated in Town of Newcastle Zoning By-law 84-63. 2. Prior to any grading or construction on the site, the owner shall erect a snowfence or other suitable barrier along the top of the valley slope within lots 28 to 36, inclusive. This barrier shall remain in place until such time as all grading, construction and lanscaping of the site are completed. It shall be maintained to prevent the placement of fill or removal of vegetation within the valleylands of Graham Creek. 3. Prior to any grading or construction on the site, the owner shall prepare a surface drainage and erosion control plan, which shall be acceptable to the Ministry of Natural Resources. This plan will show all proposed surface drainage works, and will describe the means to minimize soil erosion, sedimentation and the direct discharge of stormwater flow into Graham Creek, both during and after construction." ...6 REPORT NO.: PD-129-87 Page 6 Ministry of Agriculture and Food "Staff of the Ontario Ministry of Agriculture and Food have reviewed the above development proposal. Consideration has been given to the proposal in terms of the goals and objectives of the Ministry and of the criteria and policies of the Food Land Guidelines. The property subject to this amendment is dissected by a major stream valley. The area to be developed south of the watercourse is idle and has reportedly not been used for agricultural purposes for thirty-five years. Appended to the amendment is an agricultural soils analysis that reports the soils as quite variable with Canada Land Inventory ratings from Class 3 to Class 6. Surrounding uses of the area to be developed include: To the west is the stream valley and railway tracks; west of the railway is the urban area of the Village of Newcastle; to the north-west ~r approximately 900 feet is a dairy farm that is far enough removed to comply with the Agricultural Code of Practice which requires 857 feet. To the north is the stream valley and associated bush. North of the bush is farmland. To the east is farmland and several rural residences in a strip on small lots along the north side of Highway #2. To the south are two farm properties with associated barns that generate separation distance arcs extending approximately 350 feet into the subject lands. The western farm is used for apple production. The Food Land Guidelines discuss the location of Estate Residential development in Section 3.12, paragraph 3. The two criteria are that such development be located on poor agricultural soils and that the ,, development be well removed from agricultural activities. As discussed earlier, the appended soils analysis reports that the soils are quite variable with areas of poor soils being Classes 5 and 6 running through the area to be developed. Information in the report does illustrate that 63% of the soils are Class 3 and 4. The second criteria of being well removed is more critical with this proposal. As there is ongoing agricultural uses abutting to the east and across Highway #2 to the south, as well as an active dairy farm to the north-west, it is our opinion the site is not well removed from agricultural activities. ...7 1 1 ~' °~ REPORT NU.: PD-129-87 Page 7 Ministry of Agriculture and Food (Cont'd) Considering the site is not well removed, and the soils although somewhat variable, generally have a majority of area within the Class 1-4 range plus the fact the site is within the Permanent Agricultural Reserve designation of the Region, it is our opinion the proposal does not comply with the Food Land Guidelines and we recommend it not be approved." Ministry of Transportation and Communications "We have completed our review of the subject draft plan and offer the following comments for your information. This Ministry has ~-- definite concerns ~"'' The owner wi 11 be right turn taper improvements will reviewed the location of the proposed entrances and has with the spacing of these entrances. required to construct a left turn slip around and a into Highway 2. All costs associated with these be at the owners expense. As conditions of draft approval we request the following apply: (a) That a 0.3m reserve along the entire frontage of Highway 2, with the exception of the road entrance, be conveyed by deed to the M.T.C.. (b) That the owner enter into a legal agreement with the M.T.C., whereby the owner agrees to assume financial responsibility for the street entrance and related highway improvements. (c) That prior to final approval, the owner shall submit for approval a copy of a drainage plan showing the intended treatment of the calculated run-off. In addition, the Ministry will require all residential buildings be setback a minimum distance of 7.5m (25 ft.) from our highway property line. Permits are required for all buildings and the street entrance prior to any construction being undertaken." Ministry of the Environment "We have reviewed the application and have identified a noise concern due to the development's proximity to Highway 2 and the Canadian Pacific Railway. We also note that the development is proposed on the basis of individual wells. We therefore recommend draft approval be conditional upon: ...8 -~ ~~~ kEPUkT NU.: PD-129-87 Ministry of the Environment 1. Prior to final approval , consultant to complete a features satisfactory to Town of Newcastle. Page 8 Cont'd) the owner shall engage the services of a noise study recommending noise control the Ministry of the Environment and the 2. Prior to final approval, the Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the municipality that the noise control features recommended by the acoustical report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the subdivision agreement. 3. In the event that a slight noise level excess will remain, despite the implementation of the noise control features, the following warning clause shall be included in a registered portion of the subdivision agreement for subsequent inclusion in Offers of Purchase and Sale for the affected lots: "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern." 4. Prior to final approval, the Ministry of the Environment shall be in receipt of a Hydrologist's Report which ascertains the availability of an adequate supply of potable water to service the development. The report should comment on existing quality as well as a potential for cross contamination and well interference." CP Rail "Please be advised subdivision on the increase or change which would advers or addition to the of the developer. that CP Rail does not wish to object to the proposed condition that the developer ensures there is no of direction in the flow of natural surface drainage ply affect the rai 1 way right-of-way. Any modi fi cat ion existing drainage pattern would be the responsibility Also, due to the proximity of the lot to the rail line and the result ant noise and vibration, etc., we require a clause to be inserted in the Offer to Purchase and deed to the property in order to ensure that prospective home owners are aware of the rail line purchase." ...9 /~ \~~ REPORT NU.: PD-129-87 Page 9 Ontario Hydro "In response to the above-noted proposal, please be advised that Ontario Hydro's interest affected in Lots 4, 5, 10, 11, 18, 19, 38 and 39 is incorrectly identified as an easement and is, in fact, owned by Ontario Hydro. However, the right-of-way is no longer required by Ontario Hydro and is surplus to our needs. We suggest the owner contact Ontario Hydro, for further information concerning acquisition of the right-of-way. As the plan is presently designed, Ontario Hydro cannot approve the proposal." The following agencies indicated no objection to the proposed development: ~,,, - Town of Newcastle Building Department - Northumberland & Newcastle Board of Education - Peterborough-Victoria-Northumberland & Newcastle Roman Catholic Separate School Board - Region of Durham Health Unit Letters from 5 area residents were submitted in objection to the proposed development. Their concerns are summarized as follows: - stormwater drainage from adjacent properties onto the subject site - site is suitable for grazing livestock; has been only 3 to 4 years since used for grazing; poor upkeep of fences contributed to termination of grazing - small livestock barn within 200 feet of proposed development; could jeopardize future plans to keep more animals environmentally possible impact precedent for o' availability of Village possible future development 1 os s of privacy sensitive character of site on existing wells in area Cher estate residential developments residential lands in Bowmanville and Newcastle extension of municipal water to service and country atmosphere, reduced property values ...10 ~~~ REPURT NO.: PU-129-87 COMMENT: Page 10 As indicated by the above, a number of concerns with respect to the proposed development have been identified by both agencies circulated with the application and area residents. The Uurham Regional Official Plan (Section 10.3.2.1) outlines criteria by which estate residential proposals are to be evaluated. Generally, these criteria state that the proposal not be located on lands having high capability for agriculture; not unduly restrict the use of adjacent properties for agriculture and must comply with the Agricultural Code of Practice; not be adversely affected by existing or proposed utilities such as railroads or hydrotransmission lines; not create undue adverse effects on environmentally sensitive lands; and not require the undue expansion of municipal or Regional services. The Ministry of Agriculture and Food has objected to the proposed development primarily on the basis of its proximity to active agricultural operations. Agricultural Code of Practice setbacks from a livestock building to the south would preclude the development of Lots 1, 42 and 43, while the 300 metre setback from agricultural buildings as required by Section 3.19(c) of By-law 84-63 would further preclude the development of Lots 2,3,4,39,40 and 41. The proposed development would not be affected by the required setbacks from the dairy operation to the northwest. However, Staff also reference the comments from an adjacent property owner that his small livestock barn is located within 60 metres of the proposed development, and the Ministry's concern that the proposal is not well-removed from agricultural operations. The Ministry has also commented that, although the soils on-site have somewhat variable agricultural capability, generally a majority fall within Soil Classes 1-4. Information provided by both the applicant and area residents indicate that the property has been used as pasture. Area residents state that one of the primary reasons for the discontinuation .. .11 ~~) REPORT NO.: PD-129-87 Page 11 of grazing was the lack of upkeep of fences on-site. The applicant has indicated that development is only proposed for the poorer quality land south of the creek, while the better quality land to the north, being Block 45 of the proposed plan, would be left undisturbed. Town Staff note however that the subdivision plan as proposed would result in the landlocking of Block 45 and are further concerned that the proximity of Block 45 to the estate residential development would discourage the use of this block for agricultural purposes. As well, Town Staff share the concern of area residents that the proposed development would establish a precedent for other estate residential proposals and further erode the agricultural base of the area. ,~"" Ministry of Agriculture and Food Staff have indicated that, due to the proximity of the proposed development to active agricultural operations and the agricultural capability of site soils, it is their opinion that the proposal does not conform with the Foodland Guidelines. With respect to the criteria outlined by the Regional Official Plan in regards to adverse impacts from existing or proposed utilities, Staff reference the proximity of the proposed development to the CP rail line directly to the west. C.P.R. has indicated no objection to the development provided a warning clause is provided to prospective home ~'" owners with respect to noise and vibration. Similarly, the Ministry of ~"'" Environment has expressed a concern with the proximity to Highway 2 and the rail line and has requested a Noise Attentuation Study prior to final approval. The Landscape Analysis submitted by the applicant claims that 15 to 30 metres of vegetation will effectively mitigate the acoustical intrusion resulting from rail operations, although Staff note that no documentation to this effect was provided. In this regard, Staff note that many of the lots closest to the rail line are not heavily vegetated and would not provide the buffer referenced by the Landscape Analysis. As well, vegetation would not mitigate the adverse impacts of vibration resulting from rail operations. Staff are not satisfied from the information submitted that the negative effects of rail operation can be satisfactorily mitigated and will not adversely effect residents of the proposed development. ...12 • REPORT NO.: PD-129-87 I fie) Page 12 ~ Staff further reference Ontario Hy dro's comments that the strip of land across the subject site shown as an easement is in fact owned by the utility. Information available to Staff supports this position. The subject applications cannot be approved until ownership of the subject parcel is clarified. The criteria established by the Official Plan also specifies that a proposed development is not to have any adverse effects on environmentally sensitive lands. With the exception of the Graham Creek Valley, the subject property is not specifically identified as being environmentally sensitive. However, due to the rolling topography, drainage problems, the frost susceptible and highly erodible nature of ~`' the surficial soils, the impervious till sub-layer, the high watertable and the numerous seepage springs in depressional areas, extensive site modification would be required to enable residential development to proceed. In particular, Staff reference the comments in the Soils Analysis that a permanent system of perforated subdrains should be i nstal led, and that special treatment for septic systems wil 1 be required on a number of lots. Staff also are concerned with the extent of regrading that would be required and the impact such regarding would have on site drainage. In this regard, Staff further reference the concern expressed by the Ministry of Natural Resources with respect to the potential for increased run-off into the creek and the negative effects on water quality, as well the comments from area residents with respect to existing drainage problems on the property. Staff do not feel that the applicant has satisfactorily demonstrated that the proposed development can proceed without signficiant adverse effects on the environmental character of the site. The applicant has proposed that the Graham Creek valley be dedicated to the Town to fulfill the parkland dedication req uirements. The Department of Community Services has advised that they are unwilling to assume ownership of the valleylands, noting the responsibility for maintenance and liability. Town policy dictates that such valleyland is not acceptable as park dedication and further specifies only valleylands within Urban Areas will be acquired for passive recreation purposes. ...13 C~) REPORT NO.: PD-129-87 Page 13 The Regional Official Plan (Section 10.3.2.3) states that a sub division application shall be accompanied by a detailed Engineering Report confirming an adequate supply of pot able water, and adequate soil and water table conditions on each lot satisfactory for the effective operation of a private waste disposal system. Staff note that the applicant's consultant only conducted a review of well records for the area and has indicated in general terms that a number of lots may require special treatment for the operation of waste disposal systems. It has not been sati sf actori ly demonstrated as required by the Uf fi ci al P 1 an that the subject development can be adequately serviced, and that the development would not affect water supplies to existing area wells. The proposed subdivision plan indicates the lots adjacent to the creek valley as extending beyond the top of bank of the valley. The Landscape Analysis has proposed that a fence be installed along the top of bank to minimize i ntrusi ons i nto the val ley. Staff note however, that at least 6 of the proposed lots would have an area under 3000 square metres above the top of bank as defined by this fence. Although the Region of Durham Health Unit has indicated no objection in principle to the proposed development, Staff note that the Health Unit has previously indicated that 3000 square metres is the minimum area for residential lots on private services. Based on the above arguments, it is clear that the proposed development does not conform with the criteria as outlined by the Regional Offici al Plan for estate residential developments, does not conform with the Ontario Foodland Guidelines, and could have serious negative effects on the environmental sensitive characteristics of the site. It is therefore ...14 REPURT NU.: PD-129-87 Page 14 recommended that the Region of Durham be advised that the Town recommends that Official Plan Amendment application 87-1/D and Plan of Subdivision 18T-86076 be denied. Respectfully submitted, war s, i. Director of Planning JAS*TTE*jip *Attach. April 29, 1987 CC: Avellino Holdings Limited c/o Carmen Stanco R.R. #1 Westney Road North PICKERING, Ontario L1V 2P$ Henry Kortekaas & Associates 82 Sherwood Road East Village of Pickering AJAX, Ontario L 1V 264 ~„- Patrick Lynch & Andrea Wallace-Lynch R.R. #2 NEWCASTLE, Ontario LOA 1H0 Nir. Paul Arsenault General Delivery NEWCASTLE, Untario LOA 1H0 Nlr. E . Mostert R.R. #2 NEWCASTLE, Ontario LOA 1H0 Nlatt & Ann J ul i cher R.R. #2 NEWCASTLE, Ontario LOA 1H0 Recommended for presentation to the Committee l ~~ ~; t awrence otse Chief A i istrative Office r ,~~~) ' ' C a ~ ~ Y: y ~ c9f~ c~=: .'~ :e e a y py f~ R, ~~ . np x7B 3 a :,. o Bryn i E .; I ~ ~ ?°i LL e ~. ~ . n 5s ~ F ~e.-~. i~ 3~ ~ ~ ....~ :~ Y; a C:I v ~~:~~ I..~.JIE ~ `~ iyys [L '.E 5:' l C A I~ :S~ L yJ :~: .E S~ ..'E _J'.K u ..~ . Y a 4 Pe7~ e ~i: pE ~ Sp 5 ~ sy p ~ qr~ i a~ 1 a I!t; ~ E e4 a a c^ p; 3 a ~1 5 ~'. `K' S:;'... w...: ''j. ~: ~.. Y..'<.': i..a 9.:Cki~.. YEe.7 _.... T..... Y:txa Y" iii i. ~ ~ i n Y F La^ ' ~ ~ ~ !~' ~ I:e~~ .. . / I IR-~~- 11!M,. Y I"^ ~I~__.I ~i~.ll_ ;~~ ,., _ ,~ -_ =, fGJ-1r- J;t - t p(_~y _,I .~IiI,S.~t~: ~ 1, - ~~~, r~ '~a' .~ ~LL ~ O a J y `_~ ~ Y F ~ g g .e ~ U i~ Z .~lu n~Y(1 JDU L ~ r1 1!J1 ~ LL~j~ 1~.Jaa~Nu O u~~ Z U Y. G:~ ~. ~ ~60~01~~~ aur- I-~cn~.e