HomeMy WebLinkAboutPD-198-87. n _.r ~
~jj(~,® General Purpose and Administration Committee
OgTE% Monday, July 20, 1987
TOWN OF NEL~CASTLE
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REPORT File # ;!~~/~°-~ ~~r~~
Res. # ~ ~ ~~''
By-Law #
Fj~ ~; OP 3.13(4)
CT: APPLICATION TO AMEND THE TYRONE HAMLET DEVELOPEMENT PLAN - BERNHARD HEMING
PART OF LOT 9, CONCESSION 7, FORMER TOWNSHIP OF DARLINGTON
OUR FILE: OP 3.13(4)
T #; PD-198-87
RECD ENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-198-87 be received; and
2. THAT the application to amend the Tyrone Hamlet Development Plan, File OP 3.13(4),
submitted by Mr. Bernhard Herring, to increase the maximum number of lots permitted
in the "Short Term Residential Expansion" Area in the northwest quadrant of the
Hamlet be approved in principle as amended to indicate a maximum of 9 lots; and
3. THAT Amendment No. 4 to the Tyrone Hamlet Development Plan be forwarded to the
Region of Durham for their review and comment; and
4. THAT a copy of Staff Report PD-198-87 and Council's decision be forwarded to the
Region of Durham and the applicant.
BACKGOUND:
On May 15, 1987, Mr. Bernhard Herring submitted an application to amend the Tyrone Hamlet
Development Plan to increase the maximum number of lots permitted on a 3.65 hectare parcel
of land in Part Lot 9, Concession 7, former Township of Darlington from "7" to "10"(see
attached). The site is designated "Short Term Residential Expansion" by the Hamlet Plan
and is zoned "(H)RH-Residential Hamlet (Holding)" by By-law 84-63.
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REPORT NO.: PD-198-87 Page 2
The applicant submitted a similar application (File: OP 3.13(1)) in April
1986 to amend the Tyrone Hamlet Plan to increase the maximum number of lots
permitted on the subject site to "11". This application was subsequently
withdrawn by the applicant in June 1986.
A plan of subdivision (File: 18T-86012) showing 7 lots was draft approved by
the Region of Durham on April 15, 1987.
The following is a summary of the comments received to-date on the subject
application:
Town of Newcastle Fire Department
This Department has no objection to the above-headed application. The
property is located on the fringe of the 5 mile boundary response limit to a
fire station. Water supply for fire fighting is by Fire Department tanker
trucks.
Region of Durham Planning Department
As relatively small lots are being proposed, the suitability of the site for
individual services should be discussed in some detail with the Regional
Department of Health Services. We note that the Tyrone Development Plan
presently suggests a minimum lot size of approximately 0.4 ha while some
lots proposed in the subject subdivision application are less than .3 ha.
Ten lots would appear to be the maximum number of lots which would be
accommodated in this area and a fewer number may ultimately be approved in
the related subdivision.
Region of Durham Health Unit
This Department has no objection to the above amendment. However, our
conditions in respect of Plan 18T-86012 are to be registered on title.
The following agencies indicated no objection to the subject application to
amend the Tyrone Hamlet Plan.
- Town of Newcastle Building Department
- Ministry of Agriculture and Food
- Roman Catholic Separate School Board
A number of agencies have yet to provide comments on the subject
application. However, Staff were able to refer to comments submitted on the
previous application to amend the Hamlet Plan and the related subdivision
application. These comments are as follows:
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REPORT NO.: PD-198-87
Page 3
Town of Newcastle Public Works Department
No objection to this proposal subject to our comments relating to the
application for Plan of Subdivision for this same property.
Town of Newcastle Community Services Department
We have no objection to this proposal. Since an existing park abuts this
proposal, cash-in-lieu of parkland dedication is required and the
development will be required to construct a 6 foot high chain link fence
behind those lots bordering the park and a 6 foot chain link fence on either
side of the park .
Central Lake Ontario Conservation Authority
"No objection to the proposed amendment to Hamlet Development Plan. The
draft plan indicates that storm drainage of the site will be directed
through open ditches to the roadside ditch along Regional Road No. 14. The
receiving watercourse for this drainage is a highly sensitive reach of the
Soper Creek.
This reach of Soper Creek is documented in both the Authority's Watershed
Plan and Environmental Sensitivity Mapping Project as having clean, cold
water and supporting brook, brown and rainbow trout. The presence of trout
in the upper reach of the watercourse is an indication that local spawning
occurs.
The proposed land use change from agricultural field to residential housing
will result in increases in the rate and amount of storm water run-off. It
can be expected that during the construction and lot grading phases of
development, the quality of run-off water will be significantly degraded
through increased sediment load.
Any increase in the sediment load of waters discharged into the creek may
have a negative impact on the suitability of this reach for salmonids.
Authority Staff are concerned that the development of this site may result
in conditions that would be unfavourable to the Soper Creek fishery.
Ministry of the Environment
"Staff have reviewed the above-mentioned application and note that
individual wells and subsurface sewage disposal systems are proposed. We
therefore recommend draft approval be conditional upon:
"Prior to final approval, the Ministry of the Environment is to be
in receipt of a Hydrologist's Report which ascertains the
availability of an adequate supply of potable water to service the
development. Report should comment on the existing quality as
well as the potential for cross-contamination and well
interference.""
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REPORT NO.: PD-198-87 Page 4
Section 9.11 of the Town of Newcastle Official Plan requires subdivision
applications within Hamlets to be accompanied by a detailed Engineering
Report based on test drilling which confirms soil conditions satisfactory
for the effective operation of private waste disposal systems, no adverse
effects upon existing water supplies and an adequate supply of potable water
to service the proposal development, and an adequte separation between
watertable and septic the fields.
Engineering studies submitted for this and for the previous applications
state that area conditions are very favourable for drilled wells and that
most wells in the subdivision would obtain adequate water at depths of less
than 50 metres. The Report also stated that the contamination of dug or
drilled wells on adjacent properties was not anticipated. These conclusions
were based on a detailed examination of site area topography, geology,
existing development and well water records, and interviews with area
residents.
With respect to soil conditions, the studies indicate that the site is
underlain by a stony sandy silt till with traces of clay. Seasonal ground
water could be within 1.2 metres of the existing ground surface on Lots 8, 9
and 10 and therefore fill needs to be added for ti le bed levelling and to
ensure clearance from the ground watertable.
COMMENT
From a review of the subject application and the comments submitted, Staff
have identified a number of concerns with the proposal to increase the
maximum number of lots permitted on the subject site to 10. Staff's primary
concern involves the area of the proposed 1 ots. The Town of Newcastle
Official Plan (Section 9.4viii) states that the minimum lot size for new
residential lots in hamlets shall generally be 4,000 square metres, although
the Plan (Section 9.11) further provides that a reduction in the minimum lot
area requirement may be approved if the engineering studies indicates that
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REPORT NO.: PD-198-87 Page 5
such a reduction is warranted. However, the minimum lot size is not to be
reduced to below 3,000 square metres. Staff also note that 3,000 square
metres and 30 metres are the minimum area and frontage requirements for new
lots in the "Residential Hamlet (RH)" zone of By-law 84-63.
A review of the revised subdivision plan indicates that 6 of the proposed
lots have areas below 3,000 square metres and that 1 lot is deficient in its
frontage. In this respect, the proposal clearly does not comply with the
requirements of the Official Plan.
Staff also note that, although the Region of Durham Health Unit has
indicated no objection to the proposal to permit the creation of up to 10
lots, this approval is conditional upon those requirements applying to the
draft-approved subdivision plan indicating 7 lots. The Health Unit
requirements with respect to the subdivision are as follows:
"l. Each lot must have its own drilled well as the water supply.
2. Each lot will require a raised septic tank and the bed with
the importation of granular fill.
3. Lots 2, 3, 4 and 5 (being the lots on the western portion of
the plan) will require the use of a sewage pump and pump
chamber for on site sewage disposal."
Based on the Health Unit's comments and the results of the Engineering Study
on potential well water supply, Staff have no objection to increasing the
maximum number of lots permitted on the subject site, but cannot support a
maximum of 10 lots due to insufficient lot area. Staff calculations
indicate however that a maximum of 9 lots with areas and frontages in
conformity with the Official Plan and Zoning By-law requirements can be
created.
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REPORT NO.: PD-198-87
Page 6
* Staff have therefore prepared an amendment (attached) to the Tyrone Hamlet
Development Plan indicating a maximum of 9 lots on the subject site. Staff
emphasize however that, through our review of the required red-line revision
to the draft approval plan of subdivision, more detailed information will be
required of the applicant in terms of lot areas and frontages. As well, the
Ministry of the Environment has requested the submission of a hydrologist's
report as a condition of draft approval.
It is therefore recommended that the application to amend the Tyrone Hamlet
Development Plan submitted by Mr. Bernhard Herring be approved in principle
as amended to indicate a maximum of "9" lots, and that the amendment be
forwarded to the Region of Durham for their review and comment.
Respectfully submitted,
. dwards, M. .I.P.
Director of Planning
JAS*TTE*bb
*Attach.
July 10, 1987
cc Mr. Bernhard Herring
R.R. #5
Bowmanville, Ontario
Ll C 3K6
Recommended for presentation
to the Committee
Chief Adrhiln/istrative Officer
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AMENDMENT N0. 4 TO THE HAMLET DEVELOPMENT PLAN
FOR THE HAMLET OF TYRONE
PURPOSE OF AMENDMENT
The purpose of Amendment No. 4 to the Hamlet Development Plan for the Hamlet
of Tyrone is to increase the maximum number of permitted lots within the
"Short Term Residential Expanxion" Area in the nortwest quadrant of the
Hamlet from "7" to "9".
BASIS OF AMENDMENT
This amendment to the Hamlet Development Plan for the Hamlet of Tyrone is
based upon an application submitted to the Town of Newcastle to amend the
Plan to permit the development of additional residential lots within the
"Short Term Residential Expansion" Area in the northwest quadrant of the
Hamlet.
ACTUAL AMENDMENT
1. Schedule "1" to the Hamlet Development Plan for the Hamlet of
Tyrone is hereby amended by changing from "7" to "9" the maximum
number of residential lots permitted in the northwest quadrant of the
Hamlet as shown on the attached Schedule "X" hereto.
2. Schedule "X" hereto shall form part of this Amendment.
IMPLEMENTATION
The provisions set forth in the Town of Newcastle Official Plan regarding
the implementation of the Plan shall apply in regard to this Amendment.
INTERPRETATION
The provisions set forth in the Town of Newcastle Official Plan regarding
the interpretation of the Plan shall apply in regard to this Amendment.
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This is Schedule "X" to Amendment ~ 4
to the• Hamlet Dev. Plan for TYRONE •
LOT 9 LOT 8
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