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HomeMy WebLinkAboutPD-48-87. _„~, ,~; TOWN OF NEWCASTLE -~ ~~~ REPORT File # ~~fi; ~`,!,. ~~'y Res . # ~~ `, - r, ~~ ~ ~ ~~ By-Law # NEFfI(~: General Purpose and Administration Committee DATE: Monday, February 16, 1987 T #: PD-48-87 FILE #: 86-54/D CT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN WILLIAM CLARKE PART LOTS 1 & 2, CONCESSION 1, FORMER TWP. OF CLARKE FILE: 86-54/D RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-48-87 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application 86-54/D submitted by William Clarke to permit the development of a forty-six (46) 1 of estate resi denti a1 subdivision i n Part Lots 1 and 2, Concession 1, former Township of Clarke, be denied; and 3. THAT a copy of Council's decision with respect to this matter be forwarded to the Region, the applicant and the interested parties listed hereto. BACKGROUND: On August 5, 1986, the Town was advised by the Region of Durham of an application submitted by Nir. William Clarke to amend the Durham Regional Official Plan to permit the development of a 46 lot estate residential subdivision on a 48.34 hectare (119.45 acre) * parcel of land in Part Lots 1 and 2, Concession 1, former Township of Clarke (see attached Key Map). The site is presently designated "Major Open Space" and "Hazard Lands" by the Durham Regional Official Plan, and zoned "Agricultural (A)" and "Environmental Protection (EP)" by By-law 84-63, as amended. The "EP" zone corresponds to the Regional Storm ...2 ~~ REPtaRT NO.: PD-48-87 Page 2 floodplain of Port Granby Creek which traverses the southern portion of the site. In accordance with the Regional Official Plan (Section 10.3.2.2), the applicant submitted a Soils Report and a Landscape and Environmental Analysis in support of the subject proprosal. The Soils Report found that the topsoil on-site contains appreciable humus which is highly compressible and weak in strength and therefore void of engineering value. The site is underlain by a fine sand stratum with sandy silt till inlays. The Report states that the sandy silt and sand are suitable for sanitary sewage effluent absorption. A peat swamp occurs immediately adjacent to Highway No. 2 and is unsuitable for septic bed or load-bearing structural construction. Groundwater was found at a depth of approximately 1.5 metres and is considered to be perched in nature. The Report states that the groundwater regime can be lowered by proper site grading and an open di tch drainage system. The Landscape and Environmental Analysis found that the site is characterized by rolling topography and variable vegetative units, including a White Cedar Association which occupies a large portion of the site. The cedar growth is dense and forms a closed canopy in most areas. The Report states that the White Cedar Association is neither environmentally sensitive nor unique and therefore does not pose a development constraint. The Repo rt further notes that the soils on-site suffer from gullying and sheet erosion on steeper slopes and near stream valleys, and suggests that problems can be avoided by maintaining the vegetation on these sites. The Ministry of Natural Resources has expressed a concern over the potential impact of the development on Granby Street. The Report recommends a stormwater drainage system stressing erosion control and a series of temporary and permanent storm water retention ponds to reduce the amount of silt reaching the Creek, to minimize run-off and to mai ntai n the stability o~f steep slopes. In accordance with Departmental procedure, the subject application was circulated to other Town Departments for comment. As well, the Region of Durham provided copies of comments received through their circulation of the ...3 d ~ ~E'% REPURT NO.: PD-48-87 Page 3 application. The following is a summary of the comments received. Town of Newcastle Public Works Department "No objection subject to the following conditions: 1. This Department's standard requirements with respect to Estate Residenti al subdivisions. 2. That the developer will bear the costs (100%) of any work on East Townline Road which are necessitated as a result of this development. 3. That the developer contribute to the costs of reconstruction East Townline Road. 4. That the developer be required to provide street lighting along the intersections with East Townline Road and intern a1 streets." Town of Newcastle Fire Department "No objection, but would note concern that this property is located beyond the recognized 5 mile response limit from a Fire Station. Water for fire- fighting would be supplied by Fire Department tanker trucks. Consideration should be given to Planning Department Report 40-84, Fire Protection for Rural Development." Town of Newcastle Community Services Department "No objection. Since the estate development is outside the hamlet area, our department recommends cash-in-lieu of 5% parkland dedication." Region of Durham Health Unit "This property is heavily wooded with a number of streams flowing through it. This Department has no objection to thi s proposal , however i t shout d be noted that we require lots of 30,000 square feet or more of useable land area, excluding restricted use areas. The lots fronting onto Highway No. 2 (Lots 4 to 9 inclusive) appear to be saturated much of the year and the soil is high in organic matter, and therefore not suitable for on-site sewage disposal, due to soil and drainage conditions." ...4 ~~ ~~~ REPORT NO.: PD-48-87 Page 4 Ganaraska Region Conservation Authority "With respect to the mandate and jurisdiction of the Authority, there are no objections to the proposed amendment. The Landscape An alysi s addresses those constraints to development that are of concern to the Authority. In the opinion of the Authority, the report proposes accepted engineering and resource management practices to overcome potential flooding and erosion impacts resulting from the proposed development. We would suggest that the proposed mitigating measures be further detailed and approval of final erosion, sediment and storm water drainage control plans be made a condition of the subdivision agreement between the Municipality and the developer." Nli ni stry of Natural Resources "The Port Granby Creek traverses the southern portion of the subject property. Page 8 of the Landscape Analysis states that Port Granby Creek is not considered to be a Coldwater fisheries stream. Ministry information derived from Port Granby Creek stream surveys indicates that rainbow trout migrate to its northern reaches to spawn. Activities on-site which may cause erosion and siltation should, therefore, be minimized. Due to the sensitivity of this creek to water quality degradation, we request that the Hazard Land designation remain in the "restricted use areas" surrounding Port Granby Creek (as indicated on the proposed plan submitted with this application). This will provide a natural buffer area between the developable portions of the site and the watercourse. As this will restrict certain land uses, erosion of the valley lands and siltation of the creek will be rinimized. We note that Town of Newcastle Zoning By-law No. 84-63 zones a portion of the Port Granby Creek floodplain as "Environmenta1 Protection (EP)". We support this zoning. We recommend that the "EP" zone be extended northeast to provide a buffer to the entire creek on this property. We have no objections to the principle of estate residential development on the remainder of the property. Concerns regarding drainage and erosion control can be addressed through conditions of draft plan approval. We do, however, have some concerns regarding the proposed design of the subdivision. We would appreciate the opportunity to discuss our concerns with the developer and his consultant prior to formal circulation of a draft plan of subdivision." ...5 f-. I ~~' REPORT NO.: PD-48-87 Page 5 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 outlined in the Food Land Guidelines. The site is wooded except for several small cleared areas that are vacant. According to the Canada Land Inventory, the soils on site have a capability rating of Class 4 with fertility and moisture holding capacity limitations. There are three livestock operations adjacent to the proposed site. Enclosed are the Code of Practice calculations and a photocopy of the aerial photograph illustrating the required separation distances from the livestock facilities. The Food Land Guidelines outline two criteria for the location of Estate Residential development: they should be located on poor agricultural soils, and be well removed from agricultural activities. The soils on this site are only marginal for agriculture (Class 4), however, the development as proposed would impact on abutting agricultural uses. If the development proceeds, development must not be located within the minimum separation distances of the three barns." Ministry of Transportation and Communications "Although this Ministry has no objection to the proposed amendment, we will require that a draft plan of subdivision be submitted to this office in order to determine the most appropri ate point of access onto Hi ghway No. 2 and a 0.3m reserve be placed along the entire frontage of Highway No. 2 with the exception of the internal roadway. This Ministry will require all buildings be set back a minimum distance of 7.5m (25 feet) for residential buildings from our highway right-of-way. Permits will be required for all buildings prior to any construction being undertaken." The following indicated no objection to the subject official plan amendment application: - Town of Newcastle Building Department - Township of Hope - Northumberland and Newcastle Board of Education - Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board ...6 c~''~ REPORT NO.: PD-48-87 Page 6 Four letters with a total of 10 signatures in objection to the proposed development were submitted to the Region and the Town. The concerns of the area residents are summarized below: - impact on adjacent agricultural operations - impact on Port Granby Creek and downstream spawning beds - impact on existing wells - impact of effluent from sewage systems - proximity and size of development in relation to Newtonville - distance from urban amenities - impact on Newtonville Public School - precedent established by approval of plan COMMENT: The Durham Regional Official Plan (Section 10.3.2.1) outlines criteria by which applications for estate resi denti a'I development are to be eval uated. In general, these criteria require that a proposal shall maintain the character of the natural environment and be located in a scenic well-vegetated area of rolling topography; shall not result in significant alteration to landscape contours, watercourses or vegetation; shall not create undue adverse effects on environmentally sensitive lands; shall not be located on lands having high capability for agriculture; shall not be located so as to restrict the use of adjacent properties for agriculture; shall comply with the Agricultural Code of Practice; shall not require the undue expansion of municipal services; and shall not be adversely affected by existing or proposed highways. Furthermore, Section 1.2.12 requires submission of a Noise Analysis when considering new residential development abutting freeways. Tile subject site is well-vegetated and characterized by rolling topography. The proposed development involves the creation of lots in the heavily treed area of the property. The Landscape Analysis includes a plan indicating how the residences could be located so as to maximize the retention of the existing vegetation. Sta~Ff note that a Vegetation Preservation Plan could be incorporated into the Subdivision Agreement with the developer, and that ...7 C~i REPORT NO.: PU-48-87 Page 7 ~ the Town could control the location of new homes. However, ther terms of any Subdivision Agreement for tree preservation within the development would not be released by the Town so that the Town would be in a position to continue to enforce the Tree Preservation Plan on subsequent owners. The Ganaraska Region Conservation Authority identifies the site as a recharge area and, in recent discussions with Town Staff, Authority Staff indicated that large scale removal of vegetation from the site could adversely affect the recharge function, although they were unable to indicate to what extent. With respect to the criteria given by the Official Plan related to agriculture, Staff note that the Ministry of Agriculture and Food has identified the subject lands as being of marginal agricultural value. The Ministry further notes the presence of three (3) active livestock operation in the vicinity. The setbacks from the livestock buildings, being 386m on the northwest, 165m on the west, and 189m on the east, result in seven (7) lots within the proposed subdivision being sterilized for development. Staff note further that By-law 84-63 (Section 3.19(c)) requires all new residential development to be setback a minimim of 300m from agricultural buildings housing livestock. Accordingly, the increased setbacks from the barns to the east and west encompass a further 10 lots, bringing to 17 the number of lots being sterilized by agricultural setbacks. Staff reference the comments from the Region of Durham Health Unit indicating that Lots 4 through 9 along Highway No. 2 are unsuitable for on-site sewage disposal, although two of these lots are already affected by the agricultural setbacks discussed above. A total of twenty-one (21) lots in the proposed development are therefore sterilized as the result of agricultural setbacks and Health Unit requirements. Staff further note that a significant portion of the remainder of the subdivision is affected by creeklands and that one lot has insufficient developable area due to the presence of creeklands. Staff are also concerned with the location of the proposed development, noting that, notwithstanding its proximity to a Hamlet, it would represent a significant non-agricultural intrusion into a predominantly agricultural areas. This could result in greater development pressures on the area. As ...8 ~~ REPORT NO.: PD-48-87 Page 8 we11, the approval of the subject application could result in greater pressures on the Town for the extension of municipal services to the area. In this regard, Staff reference the comments from the Fire Department with respect to response time from the nearest fire station. The .Public Works Department has indicated they would be unwilling to assume responsiblity for the stormwater ponds proposed by the developer. In Staff's opinion, the approval of the subject application would be contrary to the intent of both the Official Plan and the Ontario Food Land Guidelines. Staff have also considered the possibility of revising the plan to delete lots affected by the various constraints and have rejected same as impractical in consideration of all of the other site limitations. It is Staff's opinion that approval of this application would not be in the public interest. However, should Council be so inclined, prior to granting any approval, the applicant should be required to submit a noise analysis pursuant to the provisions of Section 1.2.12 of the Durham Regional Official Plan. Staff have not requested such a study in view of the other constraints to development, but are concerned about possible noise problems for lots abutting Highway No. 401. Most of the concerns in regard to the proposed development voiced by area residents have been addressed by circulated agencies and discussed in this report. The area residents did express a concern in regard to the impact of the new wells and sewage disposal systems on the area's groundwater table and we11 water.. From a review of the Soils Report submitted by the applicant, it has not been demonstrated to the satisfaction of Staff that the site is suitable for the absorption of sewage effluent or that forty-five (45) new wells would not adversely impact the water supply available to existing wells in the area. Based on the arguments outlined above, it is respectfully recommended that the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment application 86-54/D be denied due to non-conformity ...9 ~ ~ (~: .--- REPORT NU.: PD-48-87 Page 9 with the policies of the Durham Regional Official Plan and the Ontario Foodland Guidelines. It is further recommended that a copy of Council's decision be forwarded to the Region, the applicant and the interested parties indicated hereto. Respectfully syb~tted, i . i .-tawaras, ~n.~. i .N. Director of Planning JAS*TTE*jip *Attach. January 28, 1987 CC: Mr. William Clarke c/o Victoria Park Farm R.R. #1 NEWTUNVILLE, Ontario LOA 1J0~ Gary & Marsha Vandergaast Box 52 NEWTUNVILLE, Ontario LUA 1J ON Ms. Dian Schiuk NEWTUNVILLE Ontario LOA 1JON Mr. & Mrs. l~om Patterson Box 57 NEWTONVILLE, Ontario LOA 1JU~( Nls. Jean Kulyk Box 84 NEWTONVILLE, Untario LOA 1JOQ~ Tom McHaffie & Deborah Sturges Box 12 Skops Court NEWTONVILLE, Ontario LOA 1J ON Recommended for presentation to the Committee Lawrence t otsetl' Chief Adm. ni . trati ve Officer CC: Neil and Sandra Lucy Box 147 NEWTONVILLE, Ontario LOA 1J0~f Ken & Laureen Whitney R.R. #3 PORT HOPE, Ontario LlA 3V7N ~P~ Q LOTS AFFECTED BY DEVELOPMENT RESTRICTIONS SUBJECT SITE 10 9 8 7 6 5 4 3 2 I .. V P ~~ 3 I ~ A ~ ~ ~ ~ ~ ~ ~ I I ; ! ~ N y y I /~ ~ , I , ' j q Z 1/~ I.i F J I f I , , O ;~ En VI j I I~~ EP ~ i ~ U `~ 2 // SEE Ne0NW0.Y [ . ~ I 'I / •1 'y.LJ V , CP+! O ~ ~ SCNCOUIE 'IY (NEW TONVI~lE) J~-~ - /-~ qC ~~ '=~ vlu - I EP ~ ,~ i, Z o NgHW4Y NP •OI • I ~ EYI/ N N 0 z a w J F- ~ Q Q U O 3 ~= z u. „ W Zw Z 30 J ox Z zo 3 wa o ~_ WZ m (n v ~ a Z W 3 o. J Q Q O a o ~,~ .~ KEY MAP ~~ ~ HIGHWAY N° 401