HomeMy WebLinkAboutPD-243-92 rHE CORPORATION OF 17HE TOWN OF NEWCASTLr--
DN: ALLIN.GPA REPORT
Meeting General Purpose and Administration Committee File tt
Date Monday, December 7, 1992 Res ff L-P dl /11�_2_ V ,
By-Law 1,
Report# -pD-2-43-9-2- File# -PrA Q89-147/D, DEV 90-012
Subject DURHAM REGIONAL OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT
APPLICATIONS - W. & E. , L. & M. ALLIN
PART LOT 19, CONCESSION 2, FORMER TOWNSHIP OF CLARKE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-243-92 be received;
2 . THAT the application submitted by Keith Allin to amend the Durham
Regional Official Plan (OPA 89-147/D) to permit a 21 lot estate
(country) residential subdivision in Part Lot 19, Concession 2 ,
former Township of Clarke, be approved;
3 . THAT the application submitted by Keith Allin to amend the Town
of Newcastle Comprehensive Zoning By-law 84-63 (file number: DEV
90-012) to permit a 21 lot estate (country) residential
subdivision in Part Lot 19, Concession 2 , former Township of
Clarke, be referred back to staff until such time as the related
Plan of Subdivision application is submitted; and
4 . THAT a copy of Council's decision be forwarded to the Region of
Durham, the applicant and interested parties.
1. APPLICATION INFORMATION
1. 1 Applicant: Keith Allin on behalf of W. & E. Allin and
L. & M. Allin.
1. 2 O.P.A. From "General Agricultural Area" and "Major
Open Space" to "Estate Residential" .
1. 3 Rezoning: From 'A' Agricultural and 'EP' Environmental
Protection to an appropriate zoning to permit
the development of a 21 lot estate
residential subdivision.
:J U
REPORT NO. : PD-243-92 PAGE 2
1. 4 Area: 23 .918 ha (59. 100 acres) . The south end of
the site fronts on the north end of
Brownsville Road.
2. LOCATION
2 . 1 Legal Description: Part Lot 19, Concession 2 , former Township of
Clarke.
2 . 2 Relative Location: North of Highway 2, south of Concession Road
3, east of Golf Course Road and west of
Brownsville Road (see Attachment No. 2 . ) .
3. BACKGROUND
3 . 1 On January 9, 1990, the Town was advised by Durham Region
Planning Department of an application submitted by Keith Allin to
amend the Durham Regional Official Plan.
On January 23, 1990, the Town Planning and Development Department
received an application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63 .
3 . 2 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.
On Monday, April 8 , 1991, a Public Meeting of the General Purpose
and Administration Committee was held to satisfy the Planning Act
requirement for a public meeting. The Committee and
subsequently Council adopted the recommendation of Staff that, in
view of the outstanding comments and the need for further
detailed evaluation of the proposal, the applications should be
referred back to staff for further processing.
BSI
REPORT NO. : PD-243-92 PAGE 3
3 . 3 On April 29, 1992 , the Durham Region Planning Department received
a revised proposal (dated March 30, 1992) . The revision was
minor, effecting a reduction in the number of lots from 22 to 21.
Subsequently, the Town Planning and Development
Department was notified of the revision.
4. LAND USES
4. 1 Existing Uses: The site consists of a residence, pasture and
bush. These uses reflect the fact that the soils
on the site have an agricultural capability rating
of 73% Class 5 through 7 with some Class 3 and 4
soils.
4 . 2 Surrounding Uses: East - Agricultural
West - Golf Course
South - Golf Course
North - Creek/Agricultural
5. PUBLIC SUBMISSIONS
5. 1 A written submission expressing concerns about the proposed
subdivision was received from Cynthia Robson. Ms. Robson
expressed the following concerns with respect to the proposed
development:
i) loss of privacy, peace and quiet within the area, as a
result of this development;
ii) the possibility of shortages of water; and
iii) a concern over the quality of homes to be built in the area.
5. 2 Three letters of support for the proposed subdivision were
received. Mr. and Mrs. Frank Mudra simply stated they supported
the proposed amendments. Mr. and Mrs. Adams stated they had no
objections to the proposed subdivision. Mr. Tom Simpson, on
behalf of Newcastle Golf Course Ltd. , stated that the 22 estate
lots on the Allin property were appropriate since:
, 3 2
REPORT NO. : PD-243-92 PAGE 4
i) the location is "out of the way" causing "as little
disruption as possible" ;
ii) "the land is unsuitable for farming" ;
iii) "the development is in close proximity to a Rural Cluster",
thereby not noticeably altering road use;
iv) "there is no farming within half a mile" and with the low
quality of the land there never will be; and
V) there is a great need for alternative housing in the
Newcastle area, ie. not everybody wants to live in an urban
subdivision.
6. OFFICIAL PLAN POLICIES
6. 1 A limited number of estate residential subdivisions on large lots
may be permitted as an exception to the "General Agricultural"
and "Major Open Space" policies by amendment to the (existing)
Durham Regional Official Plan. The limits to the numbers of such
estate residential subdivisions shall be established by their
scale and location, their financial implications for the Region
and their effect on the Region's transportation facilities and
utilities.
6. 2 The new Durham Regional Official Plan, like the existing Regional
Plan designates the subject site as "General Agricultural Area"
and "Major Open Space" . Country residential subdivisions may be
approved provided that the following criteria are met:
i) they are not in the "Permanent Agricultural Reserve" ;
ii) each lot is serviced with drilled wells and private sewage
disposal systems in compliance with Regional and Ministry of
the Environment standards
iii) each country residential subdivision has no more than 50
lots;
iv) they not be so large as to compete with hamlets;
V) they blend in with the Region's landscape;
kD 7 �
REPORT NO. : PD-243-92 PAGE 5
vi) they do not require significant alterations to the existing
topography, waterways or vegetation;
vii) they not have a cumulative impact on the environment;
viii) they are distinct and well separated from hamlets, other
country residential subdivisions and most urban areas;
ix) they contain a range of lot sizes generally from 0. 6 to 1.0
hectare;
X) they be served by internal road(s) with a minimum of two
access points not having direct access onto either a Highway
or a type 'A' Arterial;
xi) they are not on lands of high capability for agriculture,
recreation or aggregate resources;
xii) they are not in corridors affected by existing or proposed
highways, railways, airports, hydro lines or other
utilities;
xiii) conform with the Agricultural Code of Practice;
xiv) they not impact on environmentally sensitive areas; and
xv) conform with the area municipal official plan.
7. AGENCY COMMENTS
7 . 1 In accordance with Departmental procedure, the subject
application was circulated to various agencies and departments
for their review and comment. The following agencies/departments
offered no objection to this application:
• Durham Region Works Department
• Separate School Board
• Ministry of Agriculture
The following agencies have offered no objection to the principle
of this application, but have outlined conditions for draft
approval:
• Ganaraska Region Conservation Authority
• Ministry of Natural Resources
• Town of Newcastle Community Services Department
� 3A,
REPORT NO. : PD-243-92 PAGE 6
• Town of Newcastle Fire Department
• Town of Newcastle Public Works Department
7 . 2 The Northumberland and Newcastle Board of Education objects to
this proposal, noting that Newcastle Public School is presently
overcrowded. The Board anticipates that an expansion of this
facility will occur within three or four years.
7 . 3 The Ministry of the Environment has made a number of comments
concerning the application.
• An adequate water supply is available on site from an
intermediate aquifer. However, this aquifer is
discontinuous and so, if it is not encountered when well
drilling on certain lots water should be obtained from the
bedrock aquifer.
• The water has a high sodium level that, while not limiting
development potential, necessitates notification of local
health officials. Also, although water treatment should not
be required, water softeners using salt should not be
installed due to the already elevated sodium levels in the
water.
• The potential impact of the development on groundwater is
acceptable.
• It is recommended that the portion of the subject lands that
are within the 154 metre arc of influence of the nearby
agricultural use be placed in a land use designation that
prohibits residential uses but, the Ministry does not object
to "approval of the balance of the subject lands being
placed in an "Estate Residential" land use designation" .
7 . 4 The Regional Health Services Department has no objection but it
does reserve the right to comment on the Draft Plan of
Subdivision when the appropriate application is circulated.
8. TECHNICAL STUDIES
8. 1 Applications to amend the Regional Official Plan for estate
residential development, is to be accompanied by the following
technical studies:
REPORT NO. : PD-243-92 PAGE 7
• A preliminary analysis of the soil and ground-water
conditions of the site indicating satisfactory conditions
for private servicing;
• A preliminary analysis of the landscape features of the site
and adjacent properties which indicates the suitability of
the site for estate residential uses;
• A preliminary statement of all possible modifications to the
natural features of the site required for the development of
the site.
8 .2 The applicant has submitted on behalf of these Applications, the
following studies.
a) "Newcastle Estates Landscape and Environmental Analysis" ;
b) "Photo-Interpretative Soil and Terrain Analysis and
Agricultural Capability Assessment" ;
C) "Soil Investigation for a Proposed Residential Estate
Subdivision" ;
d) "A Preliminary Groundwater Assessment - Proposed Rural
Estate Development" ; and
e) "Geotechnical/Hydrogeological Investigation - Proposed
Residential Sub-division" .
8. 3 These reports raised the following concerns and presented the
following solutions:
i) the site soils cannot support a variable agricultural
practice and so, the site can reasonably be put to non-
agricultural uses such as the proposed development;
ii) Graham Creek, its tributary and their associated slopes
place constraints on development but, the layout of the
roads, drainage systems, septic tanks and wells all respect
these constraints and require only a minimal amount of site
manipulation and as well, no development will occur in
either the tributary valley (15 m on either side of the
tributary) or beyond the Regional Fill Line along Graham
Creek;
REPORT NO. : PD-243-92 PAGE 8
major stands of mature vegetation exist on the site but,
they will be preserved and indigenous species will be used
for proposed landscape planting and for reforestation;
iv) a farm is across the road but all development will occur
outside of the Agricultural Code of Practice setback
distance (radius) ;
V) private sanitary systems must be employed on estate
residential lots but, the sandy silt soil conditions will
usually allow the use of normal in-ground septic tile beds
and where this is not advisable, raised septic the beds can
be used;
vi) groundwater near the surface complicates septic system
operations but, test pits confirmed that the permanent
groundwater table is more than two metres below grade;
vii) 700 sq.m. of area is required for each septic system tile
bed but, the lot with the smallest amount of buildable land
is 5, 670 sq.m. ;
viii) septic systems in the southwest corner of the site will be
located with special care so as to not contaminate the well
on the adjacent Newcastle Golf Course property;
ix) the domestic well yield required by the Ministry of the
Environment was more than met by two on-site test wells;
x) purity (chemical) tests for wellwater required by the
Ministry of the Environment (Drinking Water Objectives)
revealed one health concern, the sodium levels, which exceed
Ministry standards and consequently, require the developer
to inform potential home buyers;
xi) certain soils are not suitable for normal footings but, the
situation can be dealt with by carefully selecting the
founding grade for house construction;
xii) carefully placed fill will be required for undulations in
some of the building lots or otherwise, extended footings
will be required for house construction; and
xiii) a Bell Canada easement running east to west crosses the
north end of the property but, all lot area calculations
exclude the easement.
Staff is satisfied with the findings and conclusions of these
technical studies and the recommended solutions can be
implemented through approval of a plan of subdivision process.
'� 77
REPORT NO. : PD-243-92 PAGE 9
9. STAFF COMMENTS
9. 1 This estate residential proposal meets the requirements for
estate residential proposals as stated in the existing or 1976
Durham Regional Official Plan and, the requirements for country
residential proposals as stated in the new or 1991 Durham
Regional Official Plan. Staff are satisfied that the criteria
for estate or country residential development for both plans have
been met.
9 . 2 The Official Plan Amendment and rezoning applications were made
without the submission of a Plan of Subdivision. Since no Plan
of Subdivision application has been made, the Town will evaluate
the details of that Plan when the appropriate application is
made. Also, this point has been made by several commenting
agencies including the Regional Department of Health Services.
It is also not desirable to deal with the rezoning application
until the details of the plan of subdivision are finalized.
9 . 3 On land use planning and other more technical grounds, this
estate residential proposal is acceptable, and in regards to the
Land Use Planning for Housing Policy Statement, this estate
residential proposal contributes to diversity in the Town's
housing stock, generating the large single detached type, which
is suitable for families that are larger and in upper income
brackets.
10. CONCLUSIONS
Based on the comments contained in this report, staff recommends
that the Official Plan Amendment application be approved. With
respect to the rezoning application, it should be referred back
to staff for consideration in the conjunction with the review of
a plan of subdivision.
REPORT NO. : PD-243-92 PAGE 10
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrence E. Kot eff
Director of Planning Chief Administratlive
and Development Officer '
BR*DC*FW*df
16 November 1992
Attachment No. 1: Key Map showing Site Location
Attachment No. 2 : Preliminary Grading Plan for Subdivision
Interested parties to be notified of Council and Committee's decision:
Keith Allin Henry Kortekaas & Associates
192 Glencairn Avenue 82 Sherwood Road East
Toronto, Ontario. Ajax, Ontario.
M4R 1N2 L1T 2Z2
W. & E. Allin Cynthia A. Robson
L. & M. Allin "Stolen Hours"
Box 246 R.R.#2
Newcastle, Ontario. Newcastle, Ontario.
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