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HomeMy WebLinkAboutPD-36-87~~~~ ,,~. xM,~~,,~, TOWN OF NEWCASTLE REPORT File # ~~, ~:,-/ Res. # r~ ~~~ .~''~~° d4 By-Law # ~' ' ~ -~ j`` 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 ...2 C 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; ...3 ~a 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. ...4 ~~~ 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 ...5 CG 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. ...6 ~C~ 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 ...7 ~a 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 ~~~ ;~ zoNE L to T /S - i --------"------ ~. o~ "o "9-,.'°~T.-E.c ~. suer-F<~....E .p~•. ~. 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