HomeMy WebLinkAboutPD-36-87~~~~
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TOWN OF NEWCASTLE
REPORT File # ~~, ~:,-/
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ING: General Purpose and Administration Committee
DAZE: Monday, February 2, 1987
T #: PD-36-s7 FILE #: 86-61.~
SECT: APPLICATION TO AMEND DURt1AM REGIONAL OFFICIAL PLAN
JOHN DEJONG
PART LOT 15, CONCESSION 3, FORMER TWP. OF DARLINGTON
FILE: 86-61/D
RECOt~AENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-36-87 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recanmends that
Official Plan Amendment Application 86-61/D submitted by John DeJong, be denied;
and
3. THAT a copy of Council's decision be forwarded to the Region of Durham and the
applicant.
BACKGROUND:
Un September 10, 1986, the Town was advised by the Region of Durham of an application
submitted by Mr. John DeJong to amend the Durham Regional Uffici al Plan. The subject
application seeks to create five (5) residential lots on a 1.81 hectare parcel in Part Lot
15, Concession 3, former Township of Darlington, fronting onto Old Scugog Road (see key
* map attached). The applicant's holdings total 4.78 hectares and a home which gains its
access from Regional Road No. 57 is located on the eastern portion of the lot. The
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REPORT NO.: PD-36-87 Page 2
central portion of the applicant's lands are occupied by a wood lot into
which each of the proposed lots extends. A small tributary of Bowmanville
Creek traverses the most southerly of the proposed lots. The subject lands
are designated "Major Open Space" by the Durham Regional Official Plan and
zoned "Agricultural (A)" by By-law 84-63. The small tributary is not
recognized as "Hazard Land" in either the Official Plan or the Zoning
By-law, but does represent the boundary between the "Major Open Space" and
"Permanent Agricultural Reserve" designations.
The applicant submitted a Hydrogeologic Assessment in support of his
application. The report notes that the site is underlain by a thin veneer
of fine sand, over a deeper layer of sandy silt till. The till is heavily
consolidated and relatively impermeable below a depth of 1.5m. The Report
states that the site is suitable for the proposed development. Adequate
groundwater is available in the deeper aquifer and the report recommends
that wells be drilled to a minimum depth of lOm to tap this aquifer, but be
limited to a maximum depth of 40m to avoid penetrating bedrock due to
problems with water quality and the presence of methane gas. Impact on
existing wells in the area should be negligible since most of these wells
have been completed into the shallow aquifer. The report does not discuss
waste disposal in detail, but concludes that the anticipated impact of
sewage effluent on the deeper aquifer should be negligible.
In accordance with Departmental policy, Planning Staff circulated the
application to other Town Departments for comment. As well, the Regional
Planning Department forwarded copies of comments received through their
circulation of the application. The following is a summary of the comments
received:
Town of Newcastle Public Works Department
"No objection to the proposal provided that:
1. the applicant contributes to the upgrading of Old Scugog Road in
accordance with Town Policy;
2. a master grading plan is submitted for the proposed lots for our
approval;
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REPURT NU.: PD-36-87 Page 3
Town of Newcastle Public Works Department (Cont'd)
3. street illulmination is provided along the frontage of the proposed lots
in accordance with Town Standards
4. the road widening as shown on the attached plan is dedicated to the
Town."
Town of Newcastle Community Services Department
"1) Our department has no objection to the proposed five (5) additional
residential lots.
2) Cash-in-lieu of 5% parkland dedication will be required based on our
policy not to accept parkland outside urban or hamlet areas."
Town of Newcastle Fire Department
"This Department has no objection to the above-headed application.
Emergency fire response is from Station #1, which is within an acceptable
travel distance. Water supply for firefighting is by Fire Department tanker
trucks.
Consideration should be given to Planning Department Report 40-84 Fire
Protection for Rural Development."
Region of Durham Health Unit
"The above application for official plan amendment has been investigated by
this Health Department, and insofar as health matters are concerned, there
are no objections to its approval. However, due to trees at the back of the
lot, the sewage disposal system should be in the front of the houses."
Central Lake Ontario Conservation Authority
"A small tributary of the Bowmanville Creek flows through the subject
property. Given the Coldwater fish habitat of abutting and downstream
reaches, it is essential to minimize any adverse impacts associated with
development. The forested areas of the site, and to the east, are indicated
as Significant Wildlife Habitat in this Authority's Watershed Inventory
(1979). The small tributary and its associated valley system would be
subject to some flooding during periods of heavy runoff/snowmelt. However,
the extent of flooding to be expected under appropriate design storm
conditions has yet to be determined.
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REPORT NO.: PD-36-87 Page 4
Central Lake Ontario Conservation Authority (Cont'd)
If public acqui sition of the smal 1 valley i s not to be accompli shed, i t may
be preferable to include this area within a future enlarged building lot,
subject to providing adequate lot table land area. This area should be
capable of fully supporting future residentially associated uses without
impacting unduly on the natural amenities of the site.
We have also completed a review of a hydrogeologic assessment for the site,
dated August 1986, and prepared by Walter H. Gibson and Associates Limited.
The findings and conclusions of this report are acceptable.
The remaining concern, therefore, is the protection of the small Bowmanville
Creek valley system. To best accomplish this, it is recommended that the
southern proposed lot be widened by adjusting its no rthern boundary
northward as shown on the attached copy. This would provide ample table
land to accommodate primary and ancillary uses of the property while
providing for the protection of the abutting valley system. By making such
an adjustment, the developable area would be similar to Lot 16, Plan
10M-768, located immediately to the south.
Subject to the recommended revision, we would have no objections to proposed
Official Plan Amendment 86-61/D."
Nii ni stry of Natural Resources
"A tributary of the Bowmanville Creek, a significant Coldwater troutstream,
traverses the subject property. We have concerns regarding erosion of the
valley slopes on-site and the conveyance of sediment-laden waters to
Bowmanville Creek via this tributary. We therefore recommend that the
valleylands in the southern-most lot remain in the Major Open Space
designation. This will assist in maintaining the natural valley system.
From aerial photography, it is evident that the southern-most lot is not
suitable for residential development, due to the location of the tributary.
The lands located beyond the tops of the valley slope should provide an
adequate building area for residential purposes. When we receive the
severance applications, we will be in a position to implement conditions tc
minimize any impacts on the valley system.
In conclusion, we have no objections to a "Residential" designation on those
lands located beyond the valley system."
Ministry of Agriculture and Food
"There is a large poultry operation to the north that requires a minimum
separation distance of 427 feet. As the proposed lots meet the separation
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REPORT NO.: PD-36-87 Page 5
Ministry of Agriculture and Food (Cont'd)
distance, we do not object to the application."
The following agencies indicated no objection to the Official Plan Amendment
Application:
- Town of Newcastle Building Department
- Peterborough-Victoria-Northumberland and Newcastle
Roman Catholic Separate School Board
The Region of Durham received no submissions from the public in response to
a Public Notice advertised in local newspapers.
COMMENT:
The subject Official Plan Amendment application seeks to designate the lands
as a "Rural Cluster" to permit the severance of five (5) proposed lots. The
Regional Official Plan (Section 10.2.1.2) states that limited infilling is
permitted within distinct nodes and clusters of non-farm residential
development located on the same side of a public road. Amendment No. 155 to
the Regional Official Plan, recently approved by the Region and currently
before the Ministry of Municipal Affairs for final approval, further
specifies that such a cluster is to be recognizable as a definable separate
entity and is to be of a size so as not to be considered scattered or strip
development.
The Town's Criteria for identifying rural nodes and clusters states that
lots within a cluster should exhibit similar lot characteristics and that
such cluster should contain a minimum of three (3) existing residential
lots. The Criteria also state that a rural cluster shall not be located
adjacent to existing agricultural uses and shall be bounded on at least
three (3) sides by natural or physical boundaries.
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REPORT NO.: PD-36-87 Page 6
The subject application does not conform to either the Town's or the
Region's criteria for rural nodes and clusters. The subject lands are
bounded on the south by estate residential development (Registered Plan
1UM-7G8); the lots within this Plan do not front onto Old Scugog Road. To
the north lie two (2) non-farm residential lots, neither of which are
similar in their lot characteristics to the proposed lots. The subject
lands clearly do not lie within a distinct cluster of non-farm residential
development.
Although there is extensive estate residential development to the south of
the subject lands on both sides of Old Scugog Road, Staff note that the
'~ small tributary of Bowmanville Creek which traverses the subject lands
provides a vi sua1ly distinct boundary to thi s development. Further non-farm
residential development to the north of the tributary could not be
considered as a logical extension to the existing estate residential
development, particularly in the form being proposed by the subject
application. The proposed lots would clearly constitute strip development.
The Town's Criteria further state that new non-farm residential development
should not be located in the vicinity of active agricultural operations.
Staff note the presence of a poultry operation to the north of the subject
lands. Although the Ministry of Agriculture and Food states that the
proposed lots lie beyond the minimum separation distance of 427 feet (13U m)
as required by the Agricultural Code of Practice, Staff note that By-law
84-63 (Section 3.19.c) states that all new non-farm residential development
shall be setback a minimum of 300m fron agricultural buildings housing
livestock. A review of topographic mapping indicates that the three (3)
most northerly lots and approximately one-half of the next proposed lot lie
within 300m of the poultry barn.
Staff also reference the concerns expressed by the Ministry of Natural
Resources and the Central Lake Ontario Conservation Authority with respect
to the potential impact of the proposed development on the small tributary
and the Bowmanville Creek system, and the area of developable land available
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REPORT NO.: PD-36-$7 Page 7
on the most southerly lot. Both agencies have recommended that the area of
this lot be increased to minimize the impact on the valley system and to
provide sufficient developable area. Given the setback from the poultry
barn affecting the other proposed lots, increasing the area of the most
southerly lot would result in only one new lot being created which, in
Staff's opinion, would constitute scattered development.
Based on the above considerations, it is recommended that the Region of
Durham be advised that the Town of Newcastle recommends that Official Plan
Amendment application 86-61/D submitted by John DeJong be denied due to
conformity with the policies of the Regional Official Plan and the Town of
Newcastle.
JAS*TTE*~ip
*Attach.
JanuaryL1, 1987
CC: (~Ir. John DeJong
R.R. #1
BOWMANVILLE, Ontario
L"1C 3K2
Recommended for presentation
to the Committee
l /,a-'I
-awrence/t f} ~coz ser r
Chief A in'strative Officer
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