HomeMy WebLinkAboutPD-48-87. _„~, ,~;
TOWN OF NEWCASTLE
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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
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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
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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."
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REPORT NO.: PD-48-87
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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."
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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
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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
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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
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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
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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
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