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HomeMy WebLinkAboutPD-248-87~9~ ,.,.r. x.~„~~ TOWN OF NEWCASTLE REPORT File # ~ ,~-~a~~.%-~f Res. # By-Law # hEETING: General Purpose and Administration Committee DATE: Monday, October 5, 1987 ~T #: PD-248-87 FILE #; 86-54/D (revised) SUB.~CT: OFFICIAL PLAN AMENDMENT APPLICATION - WILLIAM CLARKE PART LOTS 1 & 2, CONCESSION 1, CLARKE OUR FILE: 86-54/D(Revised) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-248-87 be received; and 2. THAT Report PD-48-87 be lifted from the table; and 3. THAT the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application 86-54/D (Revised) submitted by Mr. William Clarke be den-i-e-d ; 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: On February 16, 1987, the General Purpose and Administration Committee considered Staff * Report PD-48-87 (Attachment #1) in respect of Official Plan Amendment Application 86-54/D submitted by Mr. William Clarke to permit the development of a 46 lot estate residential ...7_ f~ REPORT NO.: PD-248-87 Page 2 subdivision on a 48.34 hectare parcel of land in Part Lots 1 and 2, Concession 1, Clarke. The site is designated "Major Open Space" and "Hazard Lands" by the Regional Official Plan. Granby Creek traverses the southern portion of the site. In the report, it was noted that a peat swamp occurs immediately adjacent to Highway 2 and ground water on-site, which was found at approximately 1.5 metres depth, is considered to be perched in nature. Soils on-site are susceptible to erosion and the applicant proposed a series of temporary and permanent storm water retention ponds to reduce the amount of silt reaching Granby Creek. As a result of Health Unit concerns, Agricultural Code of Practice setbacks from 3 livestock operations in the area, and the 300m setback from agricultural buildings housing livestock required by Section 3.19(c) of By-law 84-63, a total of 21 lots in the proposed plan were sterilized for development. Staff recommended, based on the factors discussed above, as well as the proximity of the site to Highway 401, the intrusion into a predominantly agricultural area, concerns regarding the suitability of the site for private servicing, and the greater development pressures and demand for municipal services, that the subject application be denied. Committee and subsequently Council resolved to refer the Report back to Staff for a further review and subsequent report. * On May 25, 1987, the Town received a revised application (Attachment No. 2) proposing the development of 33 lots and deleting the areas adjacent to Highway 2 and within Agricultural Code of Practice setbacks. The applicant also submitted a hydrogeological study and an acoustical impact report. The hydrogeological study states that available well reports suggest that drilled wells will provide adequate yields of freshwater from deeper aquifers, and anticipate wells will be 30 to 60 metres in depth. ...3 ~9~ REPORT NO.: PD-248-87 Page 3 The Report also notes that the occurence of shallow water table conditions preclude the installation of conventional in-ground the beds. The Report recommends the use of raised the beds with a mantle extending 15m in the direction of sewage efficient flow. Given the site topography however, more detailed examination may be required with respect to the t he bed and mantle setting on individual lots, as Ministry of the Environment regulations do not permit waste disposal systems on slopes exceeding a 4:1 grade. The report concludes that there is sufficient recharge available to the aquifer to dilute sewage effluent and to maintain the yields of available water to neighbouring wells. The Acoustical Study notes that predicted noise levels along Highway 2 fall within acceptable limits. Noise levels along Highway 401 are well in excess of recommended noise levels and noise control measures are required for Lots 16 to 25. The report recommends the construction of a combination berm/fence up to a height of 4.5 metres above grade along the southern property line to maintain acceptable noise levels in outdoor recreational areas . The report also recommends modifying site 1 ay outs to allow the house to act as a barrier to outdoor recreational areas. Acceptable noise levels will be attained through appropriate construction details and by keeping windows closed. Central air conditioning and a warning clause on title will be required for Lots 17 to 25. The revised application was re-circulated to technical agencies and the following comments were submitted: Region of Durham Health Unit This department has no objection to the revised application. However, the number of lots that are unsuitable for on-site sewage disposal will be determined when the subdivision proposal is circulated to this department. P~inistry of Agriculture and Food Staff have reviewed the revised amendment. As this revision addresses the Ministry''S Agricultural Code of Practice concerns, we have no further comments to make. ...4 ~~9~ REPORT NO.: PD-248-87 Ministry of Natural Resources Page 4 Staff initially voiced concerns regarding the proposed design of the plan. tJe have since met on-site with the applicant and the consultant for this proposal. The revised plan of subdivision has resolved our design concerns. When the draft plan of subdivision is formally circulated for comment, we will recommend appropriate conditions of approval to further address drainage, erosion and sedimentation control. Hope Township No objection to the proposal provided that the developer is responsible for all up-grading required on the Boundary Road. The Town of Newcastle Public Works and Fire Departments indicated no objection to the original application; however the Works Department stated they were not prepared to assume responsibility for the temporary and permanent storm water ponds proposed by the applicant. As well, the Fire Department indicated that the proposed subdivision is outside the recognized 5 mile response limit from a fire station. The following agencies indicated no objection to the original and revised applications: Town of Newcastle Community Services Department Public School Board Separate School Board Ganaraska Region Conservation Authority Region of Durham Works Department Ministry of Transportation and Communication COMMENT: The revised plan addresses the concerns identified by the Health Unit and the Ministry of Agriculture and Food by deleting 10 lots along Highway 2 and 2 lots along the Boundary Road with Hope Township. The lot incorporating the existing farmhouse, included as part of the original plan, has been deleted from the revised plan. One of the criteria outlined by the Regional Official Plan with respect to estate residential proposals in that such developments shall not ...5 1~~9, REPORT NO.: PD-248-87 Page 5 unduly restrict the use of adjacent properties for agriculture. Notwithstanding that the remaining lots on the revised plan be outside the area of conflict as specified by the Agricultural Code of Practice, Staff note that the intent of the Code is to highlight potential conflicts and that the distance specified by the Code represents the minimum distance between conflicting uses. Development of a residential subdivision just beyond the calculated area of influence does not represent good planning in that such development could potentially limit any expansion of the agricultural operations. In that regard, By-law 84-63 specifies a minimum separation of 300 metres from agricultural buildings housing livestock. Staff note that the revised plan fails to recognize the 300 metre setback which, as indicated by Attachment No. 2, would sterilize a further 9 lots. Staff recommend that the proposed development would represent a significant non-agricultural intrusion into a predominantly agricultural area. This could result in greater development pressures on the area and, as noted earlier, could affect the expansion potential of the existing agricultural operations. The Official Plan also states that an estate residential proposal should not require the undue expansion of municipal services. Staff are concerned that 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, and the Public Works Department's stated unwillingness to assume responsibility for the storm water ponds proposed by the developer. From a review of the Hydrogeologic and Acoustical Reports submitted in support of the application, Staff are not satisfied that the subject site is suited to estate residential development. The Hydrogeologic Study confirms the presence of a high water table at a depth of approximately 1.5 metres and therefore recommends the use of raised t he beds. Staff further note that the presence of the high water table will require extensive site de-watering for the construction of homes on the lots. ...6 ~~J' REPORT NO.: PD-248-87 Page 6 The Acoustical Report concludes that, in order to achieve acceptable indoor noise environments on 10 of the lots, special measures such as central air conditioning are required since windows must remain closed. Acceptable noise environments for the outside recreational areas on 6 of the lots can only be achieved through the installation of a barrier along Highway 401 and, on Lot 16, a barrier on the lot itself. The Regional Official Plan states that estate residential proposals should not be located so as to be adversely affected by highways. Based on the above considerations, it is Staff's opinion that the approval of the subject application would be contrary to the intent of both the Official Plan and the Ontario Foodland 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. It is therefore recommended that Council recommend to the Region that the subject application be denied. Respectfully submitted, T. war s, .C. .P. Director of Planning JAS*TTE*jip *Attach. September 24, 1987 cc Mr. William Clarke c/o Vi ctori a Park Farm R.R. ~1 Newtonville, Ontario LOA 1J0 cc Gary & Marsha Vandergaast Box 52 Newtonville, Ontario LOA 1J0 cc Ms. Dian Schiuk Newtonville, Ontario LOA 1J0 Recommended for presentation to the Committee r ,~ ~- `~ 'f, ~ ~, r ~~~a. rence ~ otse Chief Adm'ni trative Officer ...7 /l~i' REPORT NO.: PD-248-87 Page 7 cc Mr. & Mrs. Tom Patterson Box 57 Newtonville, Ontario LOA 1J0 cc Ms. Jean Kulyk Box 84 Newtonville, Onario LOA 1J0 cc Tom McHaffie & Deborah Sturges Box 12 Skops Court Newtonville, Ontario LOA 1J0 cc Neil & Sandra Lucy Box 147 Newtonville, Ontario LOA 1J0 cc Ken & Laureen Whitney R.R. #3 Port Hope, Ontario L1A 3V7 cc Henry Kortekaas & Associates 82 Sherwood Road East Pickering Village Town of Ajax, Ontario L1V 2B4 ~; --:, - ,~_. _ 2, \_ \ ~-~.~ LOT~~ ~~ ' ~~ -~~ =° ~. ~~ `'~ l-- ~ :~. ~ s~ ~, J r-: _ ~ ~.- ~ , .w V , ~ ..~,,. ; . •.. ~ W • •1}~f.• • ifJ;~ ••.•~,~ . .J•••l• .'.~.• •. ~ .WJ~ • • _~ • • r .: . .. -- -- ..-__...-i i i ~ t . 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