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HomeMy WebLinkAboutPD-163-87 ~~9~ !!J ~ ~ ~ ~,/ f i REPORT File # ~ ~~' ~f~~ Res. # ~ ,- J,~ By-Law # f NEETI(~: General Purpose and Administration Committee DATE: Monday, June 15, 1987 T #: PD-163-87 FILE #: 86-74/D/NB, 18T-86066 CT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN AND TOWN OF NEWCASTLE OFFICIAL PLAN - FILE: 86-74/D/NB PROPOSED PLAN OF SUBDIVISION - FILE: 18T-86066 PART LOTS 11/12, CONCESSION 1, BOWNIANVILLE APPLICANT: JOSEPH & CARL SCHWARZ RECOMMIENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-163-87 be received; and 2. THAT, upon written confirmation, numerous conditions of approval, of Newcastle has no objection to 86-74/D/NB submitted by Joseph & Part Lots 11 and 12, Concession "Low Density Residential"; and from the applicant, of his acceptance of the that the Region of Durham be advised that the Town the approval of Offici al Plan Amendment Application Carl Schwarz to redesignate a parcel of land in former Town of Bowmanville from "Industrial" to 3. THAT proposed Subdivision Plan 18T-86066 be referred back to the applicant for redesign and resubmission; and 4. THAT a copy of Council's decision be forwarded to the Region of Durham, the applicant and the interested parties indicated hereto. BACKGROUND: At the January 5, 1987 meeting of the General Purpose and Administration Committee, a Public fleeting was held in respect of Official Plan Amendment Application 86-74/D/NB submitted by Joseph and Carl Schwarz to redesignate an 8.3ha parcel of land in Part Lots TOWN OF NEWCASTLE ...2 ~~`7 REPORT NO.: PD-163-87 Page 2 11 & 12, Concession 1, Bowmanville from "Industrial" and "Major Open Space" to "Low Density Residential". Committee also considered Staff * Report PD-6-87 (copy attached) which recommended that the Official Plan Amendment Application be referred back to Staff for a subsequent report upon completion of the necessary circulation and receipt of all comments related thereto. Committee and subsequently Council resolved to adopt Staff's recommendation. All outstanding comments from agencies circulated with the Official Plan Amendment application and the Proposed Subdivision Plan have now been received. These comments are summarized below: Town of Newcastle Public Works Department "This proposal will have a substantial impact on our roads which are external to this site and will form a transportation link with our main access routes. Storm drainage of this site should not be a problem; however, please note this site is downstream of the Town's storm sewers sytems which currently drain through these lands. The Public Works Department has no objection to this proposal provided that the developer agrees to the reconstruction of external streets (ie Nelson Street, Durham Street, Hunt Street) affected by this development to the satisfaction of the Director of Public Works and the developer oversizes storm sewers on site to accept drainage which is currently draining through these lands at no cost to the Town." Region of Durham Works Department "Water supply can be provided by extension of a 150 mm diameter watermain from the existing 400mm diameter watermain located at Durham Street and the Railway Spur Line. The watermain extension would be looped through the subdivision to connect to the existing 150mm diameter watermain at the intersection of Hunt Street and Nelson Street. Sanitary Sewer Service The existing 300mm diameter sanitary sewer at the intersection of Hunt Street and Nelson Street has adequate capacity to service the proposed development. ...3 ~C~ REPORT NO.: PD-163-87 Page 3 Region of Durham Works Department (Cont'd) However, due to the topography of the subject lands in relation to the depth of the existing sewer, approximately 3.Om of fill will be required in order to provide a gravity sanitary sewer system with acceptable grades. In this regard we would suggest that, prior to approval of the plan, the applicant investigate the matter of fill being placed on the lands with the appropriate conservation authority, as this would have a bearing on the provision of gravity sanitary sewer drainage. Based on the foregoing we have no objection to subdivision 18T-86006 and the related Official Plan Amendment Application 86-74/d/NB." Central Lake Ontario Conservation Authority "The subject lands abut/contain portions of the Bowmanville Creek valley system. These areas are classified as Hazard Lands with an indication of Environmentally Sensitive Areas in the regional official plan. The rear lot areas of Lots 38 to 48 appear to be affected by an eroding 10 to 12-foot high near-vertical creek bank. According to the draft plan, the steep bank is located within Lots 42 to 45. Block 90 (park) is flood-susceptible. Uur first concern is for the existing and potential erosion to the rear/within Lots 38 to 48. The proposed lot layout leaves very little space where future erosion control and slope stabilization could be carried-out. If the creek bank is to be cut back to a stable angle, the regional floodline could intrude into several rear-lot areas. Lots should not extend into the Regional storm floodline or over the top of bank. Until an acceptable means of accommodating the eroding creek bank is determined, including spatial requirements, we feel it would be premature to approve a proposed amendment which is lot specific in these areas. Our second concern relates to valleyland acquisition. The Bowmanville Creek system in the area of proposed amendment 86-74 (including that portion "retained by applicant"), is included in this Authority's Bowmanville Va11ey Conservation Area Master Plan. Essentially, all of the retained lands except those affected by 18T-24575, and those areas generally below the fill and construction limit on the subject lands, are referenced for acquisition. In the area of Lots 38 to 48, the boundary of proposed acquisition is about 50 feet east of the fill and construction limit. The lands shown on the draft plan of subdivision as "retained by applicant" are flood-susceptible under Regional storm conditions. ...4 y~c~ REPORT NU.: PD-163-87 Page 4 Central Lake Ontario Conservation Authority (Cont'd) On February 28, 1983, Town of Newcastle Council sup ported the Autho rity's master plan by endorsing relevant recommendations of Report PD-37-83 as indicated below: "2. That the Central Lake Ontario Conservation Authority be advised that the Town of Newcastle supports the Master Plan for the Bowmanville Valley Conservation Area and the Bowmanville Harbour Conservation Area, subject to the following concerns being given consideration: a) that the Land Acquisition Program for and the development of the Bowmanville Valley Conservation Area and the Bowmanville Harbour Conservation Area be considered as the Town's priorities for conservation areas within Newcastle; and under the jurisdiction of the Central Lake Ontario Conservation Authority." Based on the foregoing, we would be prepared to support a redesignation generally to permit residential development only subject to the following conditions, referring to the October 14, 1986 89-lot plan of sub division: 1. Block 90 shall be expanded to include: a) those lands retained by the applicant, as indicated on the draft plan of subdivision, except the area of 18T-24575; b) lot 59, lots 38 to 48; and c) the rear 30 feet of lots 49 to 54, and the rear 25 feet of lots 34 to 37. 2. Block 90, expanded in accordance with Condition 1 herein, shall be dedicated to the Town of Newcastle as public open space. 3. The remainder only of those areas shown as lots could be redesignated to permit residential development." Ministry of Natural Resources "The Ministry has recently been approached by the local anglers association regarding the development of this site. Concerns expressed by members pertain to the possible infringement of the valley system and the possible degradation of the fishery resource. Staff have, therefore, conducted a review of our previous comments to the Region. As stated in our response, the Bowmanville Creek is a significant Coldwater trout stream. We believe our requested conditions will assist in protecting the fishery resource from degradation. We do not propose ...5 ~~9~ REPORT NU.: PD-163-87 Page 5 Ministry of Natural Resources (Cont'd) to alter those conditions, but request the Region's assistance in applying an additional condition. Upon review of our comments, we relaize that inadvertently we have not requested snowfencing along the western boundary of the site during the construction phase. It is standard practice to request such a barrier along the top of a valley slope located immediately adjacent to a significant watercourse. This assists in preventing encroachment of the valley by construction machinery and fill material. We would like to rectify this matter and request that the following be added to our conditions of draft plan approval: "Prior to any grading or construction on the site, the owner shall erect a snowfence or other sui tab 1 e barrier along the rear of 1 of s 34 to 54, inclusive. This barrier shall remain in place until such time as all grading, construction and landscaping of the site are completed and shall be maintained to prevent the placement of fill or removal of vegetation within the valleylands of Bowmanville Creek". We believe that the implementation of this condition will assist in providing further protection of the fishery resource." Ministry of the Environment "We have reviewed the application and have identified a noise concern due to the development' s proxi mi ty to the Canadi an Nat ion al Rai 1 way. We therefore recommend draft approval be conditional upon: Prior to final approval, the owner shall engage the services of a consultant to complete a noise study recommending noise control features satisfactory to the Ministry of the Environment and the Town of Newcastle. 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 and in subsequent Offers of Purchase and Sale for the affected lots: "Purchasers are advised that despite the inclusion of noise control features within the deveeopment area and within the individual building units, noise levels may continue to be of concern, occasionally interfering with some activities of the dwelling occupants."" ...6 ~~~ REPORT NO.: PU-163-87 Page 6 Goodyear Canada Inc. (December 10, 1986) "There were problems with area residents in the operation of the former Reclaim Plant. The Plan of Subdivision appears to abut our southerly property boundary. The material provided to us does not indicate any fom of buffering: i.e., a transitional use area or public purpose area to separate the heavy industrial use land to the proposed residential use. To the best of our knowledge, there is no intention to provide notice restrictions upon the deeds to the proposed residents clarifying the nature of industrial uses as being inconsistent with residential use: ie., noise, noxious odours and late night operations. Having regard to the above issues, we expect that these will be addressed. Therefore, we do not intend to formally oppose the application at this preliminary stage." January 15, 1987 "We wish to reiterate that unless some consideration is made for buffering between the residential and the industrial uses or other strategies are considered for ameliorating these conflicts, the Plan of Subdivision and the intended Official Plan amendment are not acceptable. Having regard to the above, please confirm whether there has been an environmental assessment or whether there are any planning studies describing the impact of the industrial and residential land uses, in such close proximity." The following agencies indicated no objection to the proposed development: - Region of Durham Economic Development Department - Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board COMMENT: A review of the comments submitted indicates a number of concerns with respect to the subdivision plan proposed for the subject site. Both the Ministry of Natural Resources and the Conservation Authority have identified a problem with the erosion of some portions of the slopes along the Bowmanville Creek Valley, noting that these slopes will require stabilization prior to development proceeding. The Conservation ...7 ~`~~ REPURT NO.: PD-163-8/ Page 7 Authority in particular has noted that erosion control and slope stabilization could result in the Regional Storm floodline intruding into several rear lot areas, and has requested that the rear portions of several lots and the whole of a number of other lots meld with Block 90, the proposed park block. With respect to Block 90, the Community Services Department has stated that Block 90 is not acceptable as parkland dedication, and has requested the gratuitous dedication of flood susceptible lands to either the Town or the Conservation Authority. Such a request is in keeping with By-law 79-69, as amended by By-law 87-5, which states that the Town shall require the gratuitous dedication of valley lands associated with the Bowmanville Creek within the Urban Area and may also request the gratuitous dedication of flood susceptible lands or hazard lands to the Town or the Conservation Authority as a condition of development. Similarly, the Conservation Authority has requested that, in accordance with the land acquisition program outlined by the Bowmanville Valley Conservation Area Masater Plan, those lands below the Fill and Construction Limits be dedicated to the Town as public open space. Staff also note that the Regional Works Department has stated that approximately 3 metres of fill will be required in order to provide a gravity sanitary sewer system with acceptable grades. Given the impact this amount of fill would have on drainage of the site, the placement of the fill will require consultation with the Conservation Authority and the Town of Newcastle Public Works Department. With respect to the CN Rail line immediately 'to the east of the subject lands, Staff note that CN has specified that dwellings must be setback from the railway right-of-way by a minimum of 15 metres. This setback requirement will result in tN~e elimination of one lot directly adjacent to the tracks. The possibility of trains blocking both entrances to the subdivision has been indicated. However, information made available to Staff by Goodyear indicates that trains have generally only two cars and run only on an average twice a week. ...8 y~c~ REPORT NO.: PD-163-87 Page 8 Goodyear has indicated a concern that the proposed subdivision plan does not indicate any form of buffering between their industrial operations and the proposed residential uses. In this regard, Staff have requested comments from the f~inistry of the Environment. Although comments have not as of yet been provided, information previously provided by the Ministry with respect to their buffering guidelines indicates that a separation distance of 90 metres to 150 metres i s appropri ate between residents al buil dings and medium industrial uses such as heavy outside storage and general manufacturing. Such a buffer could also incorporate a planting strip or fencing to provide a visual screen. By-law 84-63 states that outside storage shall not be located closer to a public street than any principle structure located on the same lot, and that any outside storage not adjacent to a public street shall maintain a minimum of a 5 metre setback from a rear lot line. Staff note that Durham Street is a public road for a distance of approximately 110 metres west of the CN Rail right-of-way. The maximum 150 metre setback from the former reclaim plant would intrude a distance of approximately 60 metres into the proposed residential lands. This setback however would only apply along the eastern half of the proposed residential lands. Inasmuch as outside storage would be permitted on the western portion of the Goodyear property, up to 5 metres from the lot line, a minimum setback of 90 metres from such storage would intrude a distance of approximately 85 metres into the proposed subdivision. These setbacks will require a redesign of the subdivision plan in order to provide the required separation distance. Staff have conducted an inspection of the subject site and note that residential uses abut the lands to the east and are located to the west across the Creek Valley. As well, Staff note that the road allowances of Durham, Hunt and Nelson Streets accessing the lands are below 20 metres in width and therefore would not be suitable for carrying industrial traffic. Given these factors, Staff have no objection to the redesignation of the subject lands from ...9 ~~9~ REPORT NO.: PD-163-87 Page 9 "Industria1" to "Residential" and would recommend that such a recommendation be forwarded to the Region of Durham by Council, however, given the numerous concerns identified with respect to the development of the site and the current design of the subdivision, it is recommended that this only be done upon receipt, in writing, of confirmation from the applicant that he is aware of the conditions for approval and is willing to satisfy same. It is therefore further recommended that the proposed Subdivision plan be referred back to the applicant for redesign and resubmission. In this regard, comments from all commenting agencies will be provided to the applicant, including the Ministry of the Environment when available. Respectfully submitted, JAS*TTE*jip *Attach. June 4, 1987 CC: Messrs. Joseph & Carl Schwarz R.R. #6 BOWMANVILLE, Ontario L1C 3K7 Nlr. Ian Wi 1 son 70 Lawrence Crescent BUWMANVILLE, Untario L1C 1J5 Mr. George Pollitt 70 Bond Street Box 832 OSHAWA, Untario L1N 7N1 Recommended for presentation to the Committee r`l/~ ,~ 1 Lawrence ~cozserr Chief A~ i istrative Officer Mr. David Lawson, President Bowmanville Creek Angles Association 46 Doreen Crescent BOWMANVILLE, Ontario L1C 3W7 ~~~' i j ~ T ~~ M g'C. RNP . ~ v u ,~ _ ~ < { ~ - T ~ ~ ~ P~e f~~ ~ . s .. ~P . a '~ .~ ~ , ~ ~;y K zei ' ~• °~ `~ ~`~~~~ t ~ v ~~ Y ~~ '~ ~ - - t ( i . ,:,LOT ~ / T,•. // \/ ~ L t ~ ~`, i ~ . ' _ ~! a ~ - T~ ~ . ~ , ;LOT tad c ~ . • ~ - - - --- W ,( I ~ F as ~O W Q ~ . --I SUBJECT SITE >' . ®OTNER LANOS OWNED BY APPLICANT ~ ~ LOT 13 LOT 12 LOT I I - R ~ ~ ~~ r , ,<~u~ ,, ~~ IJ ..-. I I' ~ ti~ ` \ (Hki " r BASELINE ROAD n ~ I ~. '( I _- T ~~~~ R1 ~ ~ Rt ~~F o ' R-3 ~' I Pr6 - ~iL U1 N w I "' z .L O ---~' ~ Rl ~ i ~ --- °"` I ~: I' -~ F I .I (H1R1 I' _ ' I • __ ___ __ easFiiaE aoao ~~~ I C7-1 I s C5 ~ ( EP'2 I EP ~I ~ I (^ CS ~ war aR aoi -- I NIG~ r.~rrr.~.~ ~r I 1 .r.~ O EO q0 ?AO SOGn KEY MAP ® ~ i~g~ ~:. .. TOWN OF NEWCASTLE REPORT hEETING: General Purpose and Administration Committee DATE: Monday, January 5, 1987 REPOT #: PD-6-87 FILE #: 86_74/D NB SUB,ECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN AND TOWN OF NENCASTLE OFFICIAL PLAN -JOSEPH & CARL SCHYARZ PART LOTS 11 and 12, CONCESSION 1, BOWMANVILLE ~ FILE: 86-74/D/NB CROSS REFERENCE: PROPOSED PLAN OF SUBDIVISION 18T-86066 File # Res. # By-Law # RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-6-87 be received; and 2. THAT Official Plan Amendment Application 86-74%D/NB submitted by Joseph and Carl Schwarz be referred back to Staff for a subsequent report. upon completion of the f ~ necessary circulation and receipt of all comments related thereto. BACKGROUND AND COMMENT: Un October 29, 1986, the Region of Durham advised the Town o.f an application submitted .by Joseph and Carl Schwarz to amend the Durham Regional Official Plan and the Town of Newcastle Official Plan to redesignate a 8.3 hectare (20.5 acre) parcel in Part Lots 11 and 12, Concession 1, Bowmanvil~ie from "Industrial" and "Major Open Space" to "Residential". Subsequently, on November 3, 1986, the Region advised the Town of the * submission of an application for a 119 unit residential subdivision on the subject lands (see Attachment No. 1). r~ . ~ C91 ...2 ~~g~ REPORT NO.: PD-6-87 Page 2 The site is zoned "General Industrial Exception (M2-1)" and "Environmental Protection (EP)" by By-law 84-63, as amended. The "M2-1" zone only permits the use of the lands for a manufacturing, processing, assembly or fabrication plant; the lands were zoned "Heavy Industrial (M2 )" by By-law 1587, of the former Town of Bowmanville. The lands immediately adjacent to Bowmanville Creek are zoned "EP". Under the provisions of the Planning Act and the Durham Regional Official .Plan, the Region of Durham is responsible for Public Meetings in respect of r proposed amendments to both the Regional and local Official Plans. However, inasmuch as the subject application involves the Town's Official Plan, Staff has scheduled a Public Meeting to obtain public input prior to finalizing a recommendation. In that regard, Public Notice was provided to area residents in accordance with the requirements of the Planning Act. As of the date of the writing of this report, no submissions from the public with respect to the subject application have been received by Staff. The Ufficial Plan Amendment application and proposed Plan of Subdivision have been circulated by the Region and the Town to various departments and agencies for comment. Not all of the circulated agencies have responded; the following is a summary of the comments received to date: Town of Newcastle Fire Department "This Department has no objection to the above-headed application. Emergency fire protection would be from Station #1, which is within an acceptable travel response distance. Water supply for firefighting is through the Regional hydrant system. The two proposed access routes (Nelson Street and Durham Street) are satisfactory for this department's requirements. It is my understanding that the existing rail spur line that runs on Hunt Street is used on a limited basis and train cars would not block both subdivision entrances at the same time." ...3 l'~~ REPURT.NO.: PD-6-87 Page 3 Town of Newcastle Community Services Department "Based on our current policy we will not accept Block 90 as parkland dedication. The Town shall require the gratuitous dedication of flood susceptible lands associated with the Bowmanville Creek system either to the Town or to the Conservation Authority. A subsequent plan of the remnant parcel retained by the applicant (Lot 12) is required to determine the ultimate parkland requirements of the Bowmanville Creek Valley lands in association with C.L.U.C.A.'s master plan of this area." Ministry of Natural Resources "Ministry Staff have reviewed the proposal and inspected the site. While we have no objections to the principle of development at this site, we do have concerns which should be addressed prior to the approval of the plan. The Bowmanville. Creek, a significant Coldwater trout stream, is located just west of the subject property. This creek is used as a spawning migration route for rainbow and brown trout as well as pink, coho and Chinook salmon. Uur major concern with this proposal is the potential for erosion of the valley lands on the western boundary of the site and the subsequent effects on the creek as well as the wetland. downstream. This wetland is a significant warmwater fish spawning area and should be protected .against excess sedimentation resulting from upstream development activities. It was noted at our site inspection that the valley slope in the rear of Lots 39 to 44, inclusive, is severely eroded. This slope should be stabilized.in order to prevent further erosion and the subsequent siltation of the Creek. Recommendations: Based on the above, the Ministry has no objections to the approval of this subdivision provided that it be subject to the following conditions: 1. That Block 90 of the plan be retained in the "Environmental Protection (EP)" zone as indicated in Town of Newcastle By-law 84-63. 2. Prior to any grading or construction on the site, the Owner shall prepare a stormwater and erosion control plan, which shall be acceptable to the Ministry of Natural Resources. This Plan will show all proposed surface drainage worlds, and will describe the means to minimize soil erosion and the direct discharge of stormwater flow into Bowmanville Creek, both during and after construction. These plans will also describe the means to stabilize the valley slope in the rear of Lots 39 to 44 in order to minimize further undercutting of this slope. ...4 ~ E~ j REPORT NO.: PD-6-87 Ministry of Natural Resources Page 4 The Subdivision Agreement between the Owner and the municipality shall contain the following provision in wording acceptable to this Ministry: a) That the Uwner agrees to implement the stormwater and erosion control plans for the site as required in Condition 2 above." Canadian National (CN) Railw "The Railway objects to the locating of any new residential development adjacent to our operated right-of-way. The proposed development being adjacent to the Bowmanville Spur, a Tertiary Branchline, must comply with the following conditions in accordance with our standard noise, vibration and impact mitigation measures before the Railway will withdraw its objection. a) No berm or fence required. b) Setback of dwellings from the railway right-of-way to be a minimum of 15 metres. c) No vibration mitigation measures required. d) A clause should be inserted in all offers to purchase, agreements of salve and purchase or lease and in the title deed or lease of each dwelling, warning prospective purchasers or tenants of the exi stence of the Railway's operated right-of-way; the possibility of alterations to or an expansion of its rail facilities thereon i n the future, includi ng the possibility that the Railway may expand its operation., which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the Railway's use of its facilities and/or operations. e) Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. f) The Developer shall install at his own expense, a chain link fence of minimum 1.83 metre (6~feet) height along the mutual property line, whch shall be maintained by the Owner. g) That the owner, through restrictive covenants to be registered on title and all agreements of purchase and sale provide notice to the public that the proposed fencing is not to be altered and further that the sole responsibility for the maintenance of the noise barrier fence is the property owner's responsibility. ...5 REPORT NO.: PD-6-87 `r V\ Page 5 l Canadian National (CN) Railway h) Pursuant to the Planning Act, the Town shall provide this office of the Railway with written notice of the public meeting, by-law and passing of the by-law appropriately zoning the lands hereby proposed for subdivision. If any of the above recommended conditions are not to be imposed by Regional Council or its Appointed Officer in its approval, CN formally requests, by this letter, that the Draft Plan of Subdivision not be approved but be referred to the Ontario Municipal Board pursuant to Section 4(1 ), 5(l) and 50(15) of the Planning Act, 1983, S.O. 1983, c.l." The following agencies have indicated no objection to the Offici al Plan Amendment Application and the proposed Plan of Subdivision: - Town of Newcastle Building Department. - Ontario Hydro - Northumberland and Newcastle Board of Education - Ministry of Transportation and Communications It is respectfully recommended that the Official-Plan Amendment applicatio n 86-74/D/NB be referred back to Staff for a subsequent report. Respectfully submitted, Recommended for presentation to the Committee . war s, awrence o se Director of Planning Chief Administrative Officer JAS*TTE*jip *Attach. December 11, 1986 .} cc: Mssrs. Carl & Joseph Schwarz R.R. #6 BUWMANVILLE, Ontario L1C 3K7 cc: Mr. George Pollitt 70 Bond Street West Box 832 USHAWA, Ontario L1H 7N1