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HomeMy WebLinkAboutPD-52-89DN: 17. 5(a) TOWN OF NEWCASTLE REPORT File Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, March 6, 1989 REPORT #: . PD-52-89 — FILE #: OPA 88-106./D AND DEV 88-123 aRJECT: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS MR. & MRS. J.R. GIBSON PART LOT 7, CONCESSION 9, FORMER TOWNSHIP OF DARLINGTON FILES: OPA 88-106/D AND DEV 88-123 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-52-89 be received; and 2. THAT the applications for official Plan Amendment File: OPA 88-106/D and Zoning By-law Amendment File: DEV 88-123 submitted by Mr. & Mrs. J.R. Gibson, to permit the creation of four (4) non-farm rural residential lots, be DENIED; and 3. THAT the Region of Durham be so advised; and 4. THAT the applicants be so advised. 1. BACKGROUND On November 17, 1988 the Planning and Development Department received an application from Mr. & Mrs. J.R. Gibson to amend By-law 84-63. Subsequently, on November 28, 1988 the Town was advised by the Regional Planning Department of an application to amend the Durham Regional Official Plan. The subject applications would seek to amend the current Mineral 510 1 ...2 REPORT 00.: DD-52-89 PAGE 3 _______________________________________________________________________________ ^ Aggregate Extraction identification and symbol and zoning ona2.24 hectare parcel to permit the creation of four (4) non-farm rural residential lots. 1.2 Within the C0cbam Regional Official Plan, Section 4.2.2 states that once mineral aggregate extraction has been exhausted, only those ooea within the "Permanent Agriculture Reserve", n(eoezml Agricultural", and nMo'Vr Open Space" designations are permitted, without an aoasodneot to the Plan. 1.3 Within the provisions of 84-63, the "Extractive Industrial (M3)n zone, residential uses are prohibited. ` 1.4 Staff would note for the Committee's information that the Ministry of Natural Resources had cancelled the licence for aggregate extraction on this site in November, 1987. 2. LOCATION 2.1 The subject lands are located on the north side of Regional Road 20' west of Regional Road 14, being Part Lot 7, Concession 9' former Township of Darlington. 3. SURROUNDING LAND USES 3.1 The existing land uses adjacent to the proposed development are: To the North: 31 bo parcel, vacant To the South: 40 ha parcel, vacant To the East: 3.5 be parcel, non-farm rural residential To the West: .375 ha DacoeIr non-farm rural residential 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate oiguage acknowledging the application was installed on the subject lands. In addition, the jUL ...3 REPORT NO.: PD -52 -89 PAGE 3 ------------------------------------------------------------------------------ appropriate notice was mailed to each landowner within the prescribed distance. 4.2 As of the writing of this report, Staff have not received any written submissions. However, the landowner has indicated to Staff that there are a number of underground springs in the area. He was concerned that the proposed septic systems would effect his well water. 5. AGENCY COMMENTS 5.1 In accordance with departmental procedures the applications were circulated to obtain comments from other departments /agencies. The following departments /agencies offered no objection to the proposal as filed: - Town of Newcastle Fire Department - Ministry of Agriculture and Food - Public School Board - Separate School Board - Ontario Hydro 5.2 The Town of Newcastle Public Works Department noted that the applicant would be required to submit a Lot Grading Plan, to address the drainage of the spring fed pond, and the open pit which was left from the Gravel Pit operation. 5.3 The Town of Newcastle Community Services Department offered no objection, however, requested that the applicant be required to pay 50 cash -in -lieu of parkland dedication. 5.4 The Regional Health Services Department does not recommend approval of the proposal, due to the pond on the lot, there is insufficient area for private sewage disposal. However, if the pond was filled in and the area was drained, the department would re- examine the proposal. ...4 503 11101 OR . 0 PAGE 4 -----------------------------®__-----__-_®_-__---®_-_-----__---------_-_------- 5.5 The Central Lake Ontario Conservation Authority has objected to the proposal. The subject lands are abut the Long Sault Conservation Area and have been identified as lands for future acquisition with the Authority's Conservation Planning Study. The Plan recognizes this area as "Environmentally Sensitive ", citing the high soil erosion potentials associated with the Oak Ridges Moraine. The moraine itself, functions in groundwater recharge of acquifers systems and spring recharges of major stream systems. The Plan has identified the recharge systems as having a high priority in the function of the moraine. The proposal would not appear to be in conformity with the intent of the Plan. 5.6 The Ministry of Natural Resources have offered no objection, however have noted that the area has a high potential mineral aggregates and the demand is expected to increase, therefore, there will be an increase in the amount of truck traffic on Regional Roads 14 and 20. 5.7 The Regional Works Department offered a verbal objection to the proposal, indicating that four (4) proposed accesses onto a Regional Road was contrary to current Regional Policies. In addition, the Works Department indicated that Regional Road 20 was a major thoroughfare for truck traffic and accesses could be hazardous. 5.8 Staff would note that comments are outstanding from the following agencies: - Ministry of the Environment - Ministry of Transportation 6. STAFF COMMENTS 6.1 Within the Durham Region Official Plan this particular area is located within the Major Open Space - Oak Ridges Moraine designation, in addition to being identified as a Mineral Extraction Area. The Plan recognizes the Moraines as a valuable landform for its mineral aggregates resources. Mineral aggregates are a non renewable resource and high potential mineral extraction should be protected from incompatible land use. 504 ...5 REPORT NO.: PD -52 -89 PAGE 5 6.2 As a result of application for mineral aggregate extraction, and the public opposition thereto, Staff was directed to prepare a report on Mineral Aggregate activity within the Town. Report PD -8 -89 indicated that the amount of current extractions was not at its full potential as licensed by the Ministry of Natural Resources. Furthermore, it is anticipated that there will be a substantial increase in the amount of activity on both sides of the Clark - Darlington - Manvers Townlines. 6.3 The report also illustrates the current volumes of truck traffic using an arterial road Regional Road 20, as a major thoroughfare to Regional Road 57 and Highway 115/35. It is anticipated that the volumes will increase as a result of increase in extraction activity. For example, from the Canada Building Materials application alone, it is anticipated that there will be 200 truck trips a day generated by the new operation by their sixth year of operation. Given this, Staff is of the opinion that, an additional four (4) access points on Regional Road 20 would be hazardous to the functions for Regional Road 20 and to those who must enter and exit onto the road to access onto their residential properties. 6.4 In addition Section 13.2.7 of the Durham Regional Official Plan states that arterial roads shall be designed primarily as limited access roads to facilitate traffic movement between major land use activities. 6.6 The Plan discourages the development of new non -farm related residential uses unless such development proceeds in a form of infilling between existing residential dwellings and provided that such a use is definable as a node or cluster. N 505 D8p0BT NJ.: PD-52-89 PAGE 6 6.7 Accordingly, the criteria within the Dozbom Regional Official Plan are that a Cluster or 0m]e must be definable as a separate entity so as not to be considered as strip or scattered development, the existing group of dwellings moat be on relatively small Iuta and new Clusters may not be located on Provincial Bigboam'a or Arterial Roads. 6.8 Staff have reviewed the application with the above noted criteria and would note that there is no definable cluster in this area. There is one residential lot situated to the west of the subject lands, the addition of four more lots would promote undesirable strip development in this area. 7. RECOMMENDATION: 7.1 In consideration of the above, Staff cannot support the creation of four (4) non-farm rural residential lots, as filed. Respectfully submitted, -- Franklin Wu, M.2.I.D. Director of Planning 6 Development CI0/*FW*'ip *Attach. February 33, 1989 CC: 2b. J.B. Gibson P.O. 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