HomeMy WebLinkAboutPD-199-89 B/ DN: WESTLA
TOWN OF NEWCASTLE
REPORT File
Res. #
8y -Law #
MEETING: General Purpose and Administration Committee
DATE: TUESDAY, SEPTEMBER 5, 1989
REPORT #: PD- 199 -89 FILE #: OPA 89- 42 /D /N, DEV 89 -55 & 18T -89038
SUBJECT: OFFICIAL PLAN AMENDMENT, REZONING & SUBDIVISION APPLICATIONS
WESTLAKE (821010 ONTARIO LIMITED)
PART LOT 25, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON
FILES: OPA- 42 /D /N, DEV 89 -55 & 18T -89038
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report pD- 199 -89 be received;
2. THAT the application submitted by 821010 Ontario Limited to amend the Durham
Region Official Plan and Newcastle Official Plan, to permit the development of a
forty -five (45) lot residential subdivision (as revised), be referred back to
Staff for a subsequent report pending receipt of all outstanding comments;
3. THAT the accompanying rezoning and subdivision applications be referred back to
Staff;
4. THAT the applicant, the delegations and persons listed, be notified of Council's
decision.
REPORT NO.: PD- 199 -89 PAGE 2
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1. BACKGROUND:
1.1 Three applications have been submitted by 821010 Ontario Limited as
follows:
i) Application to amend the Durham Regional Official Plan and
Newcastle Official Plan received May 1, 1989
ii) Application for a Plan of Subdivision received April 18, 1989
iii) Application to amend the Town's Comprehensive Zoning By -law 84 -63
received April 5, 1989.
The above applications initially sought to develop a fifty -one (51) lot
residential subdivision on a 34.42 ha parcel of land located on the
west side of Solina Road, north of Concession Road 6. Based on the
advice of the applicant's Hydrogeological Engineer, the applicant has
submitted a revised plan reducing the proposed number of lots to be
developed to forty -five (45).
1.2 The subject property is partially within the present Hamlet boundaries
of Solina. The Official Plan Amendment application would extend the
Hamlet of Solina to incorporate these lands, and redesignate the hamlet
as a "Hamlet for Growth ". The surrounding uses to the subject property
are as follows:
i) South: a 22 lot subdivision within the Hamlet of Solina;
ii) North: agricultural /vacant;
iii) East: rural residential /10 acre lots; and
iv) West: agricultural /vacant.
1.3 The subject property has been used as a farm and slopes south towards
the Hamlet of Solina. The southern portion of the site is traversed by
a tributary to Farewell Creek.
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REPORT NO.: PD- 199 -89 PAGE 3
2. OFFICIAL PLAN AND ZONING DESIGNATIONS:
2.1 The majority of the subject lands are currently designated "Permanent
Agricultural Reserve" in the Durham Region Official Plan. The
southerly portion of the subject lands fall within the Hamlet boundary
and, as such, is designated "Existing Residential" and "Area Subject to
Development Restriction" in the Town of Newcastle Official Plan. The
Town of Newcastle Comprehensive Zoning By -law places an "Agricultural
Exception (A -1)" and "Environmental Protection (EP)" zoning on the
site.
3. PUBLIC NOTICE:
3.1 In accordance with the Town's procedures and the requirements of the
Planning Act, the appropriate signage acknowledging the application was
installed on the subject lands, and written notice was circulated to
property owners within 120 metres of the subject site.
4. PUBLIC SUBMISSIONS:
4.1 A letter was received from Mr. William Grant which raises the following
concerns:
- the proposed development is not warranted, in that many acres of
residentially designated lands have not been developed;
- new residents do not participate in the already established
community; and
- the proposed development will eliminate prime agricultural lands.
5. CIRCULATION:
5.1 In response to the circulation of the application, the following
agencies /departments offered no objection:
- Town of Newcastle Fire Department
- Ontario Hydro
M
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.� •• 4
The following agencies /departments offered no objection to the
principle of this development, but have offered conditions for draft
approval:
- Town of Newcastle Community Services Department
- Town of Newcastle Public Works Department
- Regional Works Department
- Ministry of Natural Resources
5.2 The proposal is located in the area of prime agricultural soils (Class
1 and 4) and must be assessed in terms of the Foodland Guidelines. The
Ministry of Agriculture have commented that they cannot support the
proposed Hamlet expansion until such time that sufficient justification
has been provided as per Section 3.14 of the Foodland Guidelines.
5.3 The Central Lake Ontario Conservation Authority have reviewed the
proposal with respect to the original fifty -one (51) lot submission and
concur with the hydrogeologist's assessment of downsizing the proposal
to forty -five (45) lots, 1.75 acres in size. The Central Lake Ontario
Conservation Authority have also noted the following concerns:
i) the inclusion of the watercourse and associated flood plain areas
within residential lots and the proposed location of the
southern -most street may interfere with groundwater discharge to
the stream;
ii) the greater of the Regional or 100 -Year floodplain must be
established for the tributary and the street and lot arrangement in
the southern portion of the plan be revised such that Block 52
"Open Space" contains this watercourse, floodplain and groundwater
discharge areas;
iii) the "Open Space" Block 52 should be subject to the Town of
Newcastle's "EP" zone;
iv) Central Lake Ontario Conservation Authority questions whether a
proposed on- stream pond in Block 52 is advisable, with regard to
its possible affects on water quality and thermal regime in
downstream areas of the stream; and
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REPORT NO.: PD- 199 -89 PAGE 5
v) Block 52 is shown as a "wildlife sanctuary park" within the
application, however, C.L.O.C.A. are unaware of any wildlife
significance associated with this area.
The Central Lake Ontario Conservation Authority have yet to comment on
the forty -five (45) lot revised plan.
5.4 The Durham Region Department of Health have investigated this
application, in terms of fifty -one (51) lots and have recommended
withholding approval for the following reasons:
i) Subdivision proposal unsuitable due to a high nitrate
concentration (over provincial standard) from private sewage
disposal.
ii) The area 200m from the south lot line is unsuitable due to a high
water table and poor drainage.
iii) The remaining part of the subdivision is sloped to the south and
the individual sewage flows will inevitably contaminate ground
water and possible water supplies down - gradient of the sewage
systems.
Comments on the revised plan have not been received.
5.5 Comments have not been received from the Ministry of the Environment
and the Ministry of Transportation to date.
6. COMMENTS:
6.1 A "Preliminary Hydrogeological Assessment" has been prepared by Gibson
and Associates for the applicant. The consultant indicates that
"assessment of the potential future impacts indicates that septic
effluent from the proposed 51 -lot development will likely result in
long term nitrate levels that exceed the provincial drinking water
objective. To satisfy this criteria, it is our opinion that
development should be limited to a maximum of 45 residential lots."
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5 10
REPORT NO.: PD- 199 -89
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The Region of Durham Health Services Department have indicated that
the 51 -lot subdivision proposal is unsuitable due to high nitrate
concentrations from private sewage disposal and that groundwater
contamination would be inevitable. The Region of Durham Health
Services and the applicant's Engineer have indicated that they will be
conducting a joint on -site inspection to re- evaluate this site.
6.2 Within the Durham Region Official Plan the lands immediately north of
the Hamlet of Solina are shown as the "Proposed Highway 407 Corridor ".
Presently, a route alignment and Environmental Assessment Study are
being conducted for Highway 407 within the Durham Region. This site
falls within the Highway 407 Study Area. Comments from the Ministry
of Transportation have not been received to date with respect to these
applications.
6.3 The proposed Rural Area Policies for the Durham Region Official Plan
were presented to the General Purpose and Administration Committee in
Report PD- 173 -89, July 3, 1989. The proposed policies would require a
Hydrogeological Study based on test drilling be prepared by a
qualified Engineer for the entire Hamlet confirming that the Hamlet
can be individually serviced with private drilled wells and private
waste disposal systems, for development other than infilling and /or
minor additions.
7. CONCLUSIONS AND RECOMMENDATIONS:
7.1 This report has been prepared to facilitate the public meeting
requirement for the rezoning application. As a result of the
revisions to this plan, not all agencies have been able to submit
revised comments at the time of the writing of this report. Due to the
number of outstanding revised comments at this time and the concerns
raised by the Ministry of Agriculture and Food, the Central Lake
Ontario Conservation Authority and the Durham Region Department of
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FAM91M
Health, it is respectfully recommended that the application to amend
the Durham Region Official Plan and the Town of Newcastle official Plan
to permit a forth-five (45) lot residential subdivision (as revised)
and that the accompanying rezoning and subdivision applications, be
referred back to Staff for further processing and a subsequent report.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning & Development
JDB*DC*FW*jiP
*Attach.
August 21, 1989
Recommended for presentation
to the Committee
7',
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Lawrence Kotseff
Chief Ad in strative Officer
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION:
821010 Ontario Limited
278 Union Avenue
PRINCE ALBERT, Ontario
LOB 1PO
Vella and Dalrymple
Barristers & Solicitors
P.O. Box 2247
187 King Street East
OSHAWA, Ontario
LlH 7V5
Mr. Wm. G. Grant
R.R. #1
HAMPTON, Ontario
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