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Home My WebLink AboutPD-62-89DN: 13. i TOWN OF NEWCASTLE MEETING: General Purpose and Administration Committee 5 (k) /,0. 3o. r �' F le #, .o, 0 e Res. # By -Law # DATE: Monday, March 6, 1989 REPORT #: PD -62 -89 FILE #: OPA 87 -29 D DEV 87 -88, 18T -87076 SIRJECT: OFFICIAL PLAN AMENDMENT, REZONING & SUBDIVISION APPLICATIONS APPLICANT: 542985 ONTARIO LIMITED PART LOT 15, CONCESSION 3, FORMER TWP. OF DARLINGTON FILES: OPA 87 -29/D, DEV 87 -88, AND 18T -87076 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -62 -89 be received; and 2. THAT the official Plan Amendment submitted by 542985 Ontario Limited to permit the development of a seven (7) lot estate residential subdivision be DENIED; and 3. THAT the accompanying Rezoning and Subdivision applications be DENIED; and 4. THAT the Region of Durham, the applicant and the applicant's agent be so advised. 1. BACKGROUND 1.1 On May 27, 1987, the Town received notice from the Region of Durham of an application submitted by 542985 Ontario Limited to amend the Durham Regional Official Plan to permit the creation of seven (7) estate residential lots in Part Lot 15, Concession 3, Darlington Township (see Key ...2 580 'a" • v • :' PAGE 2 Map). Subsequently, on November 2, 1987, the applicant submitted an application to rezone the subject lands to permit the proposed development. The site is also the subject of a subdivision application 18T- 87076. 1.2 On January 4, 1988, the General Purpose and Administration Committee resolved to refer the applications submitted by 542985 Ontario Limited back to staff pending resolution of various concerns. 2. OFFICIAL PLAN AND ZONING DESIGNATIONS 2.1 The lands are designated "Major Open Space" with indications of "Hazard Lands" and "Environmental Sensitivity" in the Regional Official Plan. The lands are zoned "Agricultural (A)" and "Environmental Protection (EP)" within the Town's Comprehensive Zoning By -law 84 -63. The subject site has a total area of 5.4 ha of which only 2.5 ha is proposed for residential development. The remainder of the lands corresponds to lands associated with the floodplain of Bowmanville Creek. 3. PUBLIC SUBMISSIONS 3.1 No public submissions have been received to date. 4. CIRCULATION 4.1 The subject application was circulated by the Town of Newcastle and Region of Durham to various agencies and departments to obtain comments. The following agencies /departments offered no objection to the proposal: - Public School Board - Separate School Board - Ministry of Agriculture & Food The following agencies /departments offered no objection to the principle of this proposal, but did outline conditions for Draft Approval: - Newcastle Public Works Department - Newcastle Community Services Department - Regional Works Department - Regional. Health Services 581 ...3 4.2 The Town of Newcastle Fire Department expressed concern to the PAGE 3 application. This development represents seven (7) residential units, which will result in a population increase of approximately 21 persons. The part-time Fire Department (4 fulltime firefighters) will not be able to maintain the existing level of emergency service, considering all of the development that is taking place throughout the Municipality. This development is within the five mile limit of Station 1 for insurance purposes. Water will be supplied by Fire Department tanker. 4.3 The Ministry of Natural Resources noted that the Bowmanville Creek and associated valley system are located on the western portion of this property. The watercourse is a significant cold water trout stream which is sensitive to water quality degradation. On site activities which may cause erosion must be carefully controlled to prevent excess sedimentation of the creek. The Ministry further noted that they support the "Major Open Space", "Hazard Land", and "Environmental Sensitive Area" designations of the Durham Region Official Plan and the "Environmental Protection (EP)II zone of the Town of Newcastle Comprehensive Zoning By-law 84-63, corresponding to the Bowmanville Creek and associated valley system. 4.4 The Central Lake Ontario Conservation Authority notes that it received a report dated June, 1988 from Hydroterra Limited which addresses their previous concerns. However, the need for raised tile fields due to high groundwater has not yet been completely evaluated. Central Lake Ontario Conservation Authority noted that this concern can be addressed through conditions of draft approval. Finally, the Central Lake Ontario Conservation Authority asserted: ...4 582 REPORT NO.: PD -62 -89 PAGE 4 "We wish to recommend to the Town that it adopt specific rural - residential and estate - residential policies before entertaining further such applications. The relevant policies of the Regional Official Plan specify that estate developments are to be limited in number, scale and location, and to be of a nature such that the character of the natural environment is maintained. Many of our concerns for forests, wildlife habitat, streams, and areas of high water table are centred in the rural area, which is where these developments occur. If a given number of well spaced estate developments was to be appropriately located across the countryside, it may very well be that associated environmental impacts would be minimal, or clearly of a nature which could be mitigated through development control. Experience has shown, however, that these types of subdivisions tend to cluster after the approval of the initial application, to form larger blocks of semi -rural development. Each individual plan is produced on its own to meet established environmental criteria, however, when clustering rather than a spacing of developments occurs, the degree of environmental impact that the immediate area must absorb is not only greater, but also more difficult to assess and effectively mitigate. This is of concern to the Authority because many of these developments have and are being proposed in areas of coldwater streams, significant wildlife habitat and /or high water table. The policies we are recommending be prepared should, among other matters, clearly distinguish between estate and rural subdivisions, limit each with regard to number, scale and location, and direct development into areas which meet the "area of rolling topography" requirement of the Regional Official Plan. This should avoid most areas of poor drainage and high water tables." 4.5 In order to address the potential noise impact of Regional Road 57, the Regional Planning Department have requested that the applicant provide an Acoustical Report prior to draft approval. 5. COMMENTS 5.1 The applicant submitted a Groundwater Assessment Report prepared by Hydroterra Limited. It is the opinion of the consultant that adequate area appears available on the lots to permit the installation of a raised bed mantle. Furthermore, sufficient dilution of sewage effluent should occur to maintain drinking -water standards to flow 583 ` REPORT 0O.: PD-62-89 PAGE 5 ------------------------------------------------------------------------------ ceonbiog deep aquifers and discharging along the slopes of the Bovmnaoville Creek valley. & survey of area wells indicates that the deep overburden and bedrock aquifers underlying the proposed development would provide sufficient quantities of water, although the water is expected to be very hard and to contain excessive amounts of iron and possibly chloride, as well as variable amounts of methane gas. Treatment of the water may therefore be required to provide suitable supplies. The report concludes that there should not be any noticeable impact on the quality and quantity of water available to neighbouring wells. A further report received June, 1988 by the Central Lake Ontario Conservation Authority addresses their previous nouoecuo, however, additional field work and teat drilling would have to be conducted before any results could be considered conclusive. 5.2 As mentioned within the Rural Residential Development Information Report, this proposed subdivision lies within an area of oouoezu. This application proposes to increase the concentrated residential development north of BovxnauvilIe from 134 existing estate-residential units to 141 estate-residential units. This application would further extend this suburban area and is contrary to Section 10.3.1.3 of the Regional official Plan which states: "A limited number of estate-residential subdivisions on large lots may be permitted by amendment to this Plan. The limits to the numbers of such estate-residential subdivisions aboII be established by their scale and location, their financial implications for the Region and their effect on the Region's transportation facilities and utilities." Further residential development in this area can no longer be considered limited. Concentrated estate residential development such as these will: distort municipal service priorities (i.e. parkland and schools); likely invoke premature zegoaat for extension of municipal services (i.e. water and/or sanitary sewer); compound environmental impacts which are difficult to mitigate; and impede the orderly urban growth of BovmanvilIe. - JO4 /�O� ...G 6. '1' • '1 • 0 CONCLUSIONS AND RECOMMENDATIONS In view of the concerns raised by the Central Lake Ontario PAGE 6 Conservation Authority and the Town of Newcastle Fire Department and the issues examined within the Rural Residential Development Information Report, Staff are unable to support this application and would respectfully recommend that the various applications by 542985 Ontario Limited for an Seven (7) lot estate residential subdivision be DENIED. Respectfully submitted, ^ G Franklin Wu, M.C.I.P. Director of Planning & Development JB *DJC *FW *jip *Attach. February 22, 1989 CC: 542985 Ontario Limited c/o Bas VanAndel 429 Lakeshore Drive P.O. Box 1642 PORT PERRY, Ontario LOB 1NO D.G. Biddle & Associates 96 King Street East OSHAWA, Ontario L1H 1B6 Mr. Sam Gust 138 Queen Street BOWMANVILLE, Ontario L1C 1M9 Recommended for presentation to the Committee eff tive Officer LOT 16 LOT • LOT 13 AM m ;'.. - ■ ■■ REBECCA y� !e LOT 12 LOT II LOT 10 GL MARYLE. ANDELW000 BOWMANVILLE URBAN AREA BOUNDARY --� .• 1000 EXISTING ESTATE RESIDENTIAL PROPOSED ESTATE RESIDENTIAL SUBJECT SITE � f� Est � •- M Z 0 W z 0 Council Minutes - 10 - May 8, 1989 UNFINISHED BUSINESS Resolution #C- 344 -89 O.P.A., Rezoning Moved by Councillor Deegan, seconded by Councillor Hannah & Subdivision 542985 Ontario THAT Report PD -62 -89 be lifted from the table; Limited THAT Report PD -62 -89 be received; RECESS BY -LAWS c THAT the Official Plan Amendment submitted by 542985 Ontrio 6 Z Limited to permit the development of a six (6) lot estate residential subdivision be approved; THAT the accompanying Rezoning and Subdivision applications approved subject to meeting all of the Region of Durham and of Newcastle's requirements; and THAT the Region of Durham, the applicant and the applicant agent be so advised. Resolution #C- 345 -89 Moved by Councillor Hannah, seconded by Councillor Hamre t THAT the Director of Works and the Director of Community Services be requested to bring forth a joint report on ho -deal -w ~th the swales and water courses we=arte acquiring in, the course of development, uo i b ccie( . 1 "CARRIED" Resolution #C- 346 -89 Moved by Councillor Hamre, seconded by Councillor Deegan THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 10:33 a.m. Resolution #C- 347 -89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT leave be granted to introduce the following by -laws, and that the said by -laws be now read a first time: 89 -72 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law of the Corporation of the Town of Newcastle (Definition of Family Dwelling Unit and Semi - Detached Dwelling) 89 -73 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law of the Corporation of the Zbwn of Newcastle (Belton Masonry)