HomeMy WebLinkAboutPD-31-90 Ly
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PUBLIC MEETING
MEETING: General Purpose and Administration Committee
DATE: January 22, 19 9 0
REPORT #: PD- 31 -90 FILE #:
SU$.ECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 86-39/D/N
REZONING APPLICATION - FILE: DEV 89-116
SUBDIVISION APPLICATION - FILE: 18T-89092
APPLICANT: RAY ABBOTT (GEORGIAN WOODS)
PT. LOT 8, CONCESSION 7, FORMER TOWNSHIP OF DARLINGTON (HAMLET
OF TYRONE)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 31 -90 be received; and
2 . THAT Official Plan Amendment Application 86-39/D/N and
Subdivision Application 18T-89092 be recommended for denial
to the Region of Durham as they relate to the expansion of the
Hamlet; and
3 . THAT Rezoning Application DEV 89-116 be denied as it relates
to the expansion of the Hamlet; and
4 . THAT the applications be referred back to Staff for further
processing as they relate to the portion of the subject lands
within the hamlet boundary; and
5 . THAT a copy of this Report and Council's decision be forwarded
to the Region of Durham Planning Department; and
6 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Owner & Applicant: Mr. Ray Abbott & Georgian Woods
(a division of 651183 Ontario Limited)
. . .2
5 ? 2
REPORT NO.PD- 31 -90 PAGE . . .2
1.2 Official Plan Amendment: To redesignate Tyrone from a 'Hamlet
for Infilling' to a 'Hamlet for
Growth' .
To redesignate the southern portion
of the subject property from 'Long
Term Residential Expansion' to
'Residential Expansion' .
To include the northern portion of
the subject property within the
hamlet as a 'Residential Expansion'
area.
1. 3 Subdivision: 24 single family lots
(see attachment No. 1)
1.4 Rezoning: From 'Agricultural (A-1) to 'Residential Hamlet
(RH) ' to implement subdivision.
1.5 Area: 15 .46 ha (38.2 acres)
2. LOCATION
2 . 1 Legal Description: Part Lot 8, Concession 7 , former Township
of Darlington
2 .2 Relative Location: - northeast quadrant of Hamlet of Tyrone
- the northerly 6 .8 ha (22 . 38 acres) lie
outside the designated boundary of the
Hamlet (see Attachment No.2) .
3. BACKGROUND
3. 1 The subject property was previously subject of Rezoning
Application DEV 86-33, Application O.P. 3 . 13(2) to amend the
. . .3
REPORT NO. PD-31 -90 PAGE. 3
Tyrone Hamlet Development Plan and Subdivision Application
18T-86007 . These applications sought to develop a 14 lot
residential subdivision on the southern portion of the
property and to include the northern portion within the hamlet
boundary.
3.2 The Public Meeting in respect of the Hamlet Plan Amendment was
held on June 2, 1986 at which time Committee considered a
draft amendment to the Tyrone Hamlet Plan to redesignate the
entire property to 'Short Term Residential Expansion' , with
a maximum of 31 lots permitted. Committee recommended denial
of the application, however, Council resolved to table the
application for 2 months.
3.3 The Public Meeting in respect of the Rezoning Application was
held on July 7, 1986 . Council resolved to table the
application until December 1, 1986 .
3.4 A number of residents submitted objections to the proposed
development and the Official Plan Amendment to designate
Tyrone as a 'Hamlet for Growth' . Their concerns were related
to impact on well water supply, adjacent agricultural lands
and the character of the hamlet.
3.5 No further Staff reports on the applications were prepared
inasmuch as various agency concerns were not adequately
addressed by the applicant. The applications for rezoning and
hamlet amendment were closed on September 13, 1989 upon the
receipt of the revised rezoning application. The Subdivision
Application was also closed upon the submission of the revised
application to the Region of Durham on September 12, 1989 .
4. EXISTING AND SURROUNDING USES
4 . 1 Existing Uses: Vacant
. . .4
REPORT NO. PD- 31 -90 PAGE. . .4
4 .2 Surrounding Uses: North - Rural Residential & Agricultural
South - Hamlet Residential
East - Rural Residential
West - Hamlet Residential
5. OFFICIAL PLAN POLICIES
5. 1 The proposed development is subject to the policies of Section
10 .4 (Hamlets) of the Durham Regional Official Plan.
Development in hamlets is to be limited to minor internal
infilling and/or minor additions to existing development.
Hamlets designated as 'Hamlet for Growth' are permitted to
grow to a maximum of approximately 150 units .
5.2 The proposed development is also subject to the policies of
Section 9 (Hamlets) of the Town of Newcastle Official Plan.
The Official Plan states that development of lands designated
'Long Term Residential Expansion' shall not be permitted until
short term residential expansion areas have been developed and
the status of the Hamlet has been changed to 'Hamlet for
Growth' . Applications to develop 'Long Term Residential
Expansion Areas ' are to be accompanied by a detailed
engineering Report to identify any possible servicing impacts
that additional growth could have on existing development,
designated development areas and receiving watercourses for
storm water run-off .
6. ZONING
6 . 1 Most of the subject site is zoned 'Agricultural (A-1) ' by By-
law 84-63, the Town of Newcastle Comprehensive Zoning By-law.
These lands would need to be rezoned to 'Residential Hamlet
(RH) ' to implement the proposed subdivision.
6 .2 The lands associated with Mackie Creek, which is a tributary
of Soper Creek, are zoned 'Environmental Protection (EP) ' .
. . .5
5 ? 5
REPORT NO. PD- 31 -90 PAGE. .5
Inasmuch as this zone is intended to prohibit development on
hazard lands and flood prone lands associated with the creek,
this zoning would remain unchanged.
7. TECHNICAL REPORTS
7 . 1 A hydrogeological assessment for the subject property
submitted by the applicant indicates that adequate ground
water supplies are available from deeper aquifers for domestic
purposes . Water quality is good except for elevated sodium
levels . The Report recommends that wells be placed as far as
possible from Regional Road 14 to avoid contamination from
road salting, and possible treatment of the water to remove
sodium.
7 .2 The main impact anticipated from the proposed development is
related to the potential degradation of the shallow aquifer
from septic effluent. The Report notes that infiltration from
a 4 ha ( 10 acre) area immediately north of the subject
property is required to supplement the dilution potential of
the proposed development and therefore these lands should not
be allowed to develop. Portions of the site which are limited
by shallow water table or moderately steep slopes would
require raised leaching beds .
7 . 3 A Storm Drainage Report submitted by the applicant in support
of the proposed development proposes to convey storm water
runoff from the site to Mackie Creek via a system of swales
and open ditches. The existing intermittent stream which runs
through the site will be maintained, although a portion will
be regraded. A 10 metre wide easement along the stream is
proposed.
8. PUBLIC NOTICE
8 . 1 Pursuant to the requirements of the Planning Act and Council
. . .6
526
REPORT NO. PD- 31 -90 PAGE. . .6
policy, notice of the Public Meeting with respect to the
subject Official Plan Amendment and rezoning applications was
mailed to all property owners within 120 m (394 feet) of the
subject site, as well as all residents who had made
submissions on the previous applications . Public Notice Signs
were also posted on the Regional Road 14 and Concession Road
7 frontages on the subject property.
8.2 The owners of adjacent lands to the east have submitted a
letter objecting to the proposed development. Concern was
expressed regarding the proposal to upgrade Tyrone as a Hamlet
for Growth, the need to undertake a comprehensive
hydrogeological study to determine the impact of development
on the hamlet, the proximity of development to the resident's
lands, storm water runoff and the potential impact on the
lands associated with Mackie Creek.
A number of other adjacent property owners have also verbally
indicated to Staff their concerns regarding storm water runoff
from the subject property.
9. AGENCY COMMENTS
9 . 1 The subject applications were circulated by the Town and
Regional Planning Departments to various agencies for comment.
The following agencies indicated no objection:
- Separate School Board
- Ontario Hydro
9 .2 The Town of Newcastle Community Services Department requested
cash-in-lieu of 5% parkland dedication.
9 . 3 The Town of Newcastle Fire Department notes that the proposed
development will be within an acceptable response time from
the future Station No.5 in Enniskillen. A water reservoir with
527
REPORT NO. PD_ 31 -90 PAGE. . .7
a minimum capacity of 10,000 gallons must be provided for fire
fighting purposes.
9 .4 The Town of Newcastle Public Works Department stated that the
applicant must provide street lighting on Regional Road 14
from Concession Road No.7 to the north limit of the subject
land. The intermittent stream which runs through the site
should be relocated totally on one lot. Additional information
on the storm water drainage plan was requested.
9 .5 The Ministry of Natural Resources notes that Mackie Creek
provides sensitive coldwater fisheries habitat, and that the
vegetative and tree cover on the valley lands is vital in
regulating water temperature and water quality. To preserve
the integrity of the valley lands, the Ministry recommends
that lands zoned 'EP' be placed within a separate 'Open Space
Block' under one ownership.
9 .6 The Region of Durham Health Services Department objects to the
proposed development. The percolation rate of the existing
soil is very high due to a heavy clay content. Parts of the
site are low and wet and other parts are located on excessive
slopes . All of the lots would require raised tile beds with
mantle areas . The Ministry of the Environment's comments are
required on the hydrogeological report and an impact study
with respect to the bacterial and chemical content of on-site
and adjacent water supplies .
9 .7 The Public School Board objected to the proposed development,
noting that the volume of growth in this area cannot be
accommodated by their present plans. This objection may be
reconsidered upon completion of a comprehensive accommodation
study by the Board.
. . . 8
5 ? �j
REPORT NO. PD_ 31 -90 PAGE. . .8
9 . 8 The Ministry of Agriculture and Food indicated no objection
to development of the lands designated as being within the
Hamlet. That portion outside of the Hamlet is designated as
'Permanent Agricultural Reserve' and therefore the application
must be assessed in terms of the Food Land Guidelines .
9 . 9 The Ministry of Transportation noted that the subject property
falls within the study area of the proposed Highway 407 and
therefore requested that consideration of this proposal be
deferred pending the outcome of the selected route. The study
is expected to be completed by mid 1991.
9 . 10 Comments remain outstanding from the following agencies:
- Region of Durham Works Department
- Central Lake Ontario Conservation Authority
- Ministry of the Environment
10. STAFF COMMENTS
10 . 1 A review of agency and resident comments indicate there are
a number of concerns related to the proposed development. In
particular, in light of the Health Unit comments, the
suitability of the site to support development has yet to be
established. The proper operation of septic systems is
apparently dependent on lands to the north remaining
undeveloped. As well, concerns related to storm water run-off
remain unresolved. The proposed development will have to be
reviewed in detail pending comments from all agencies.
10 .2 The development of that portion of the subject lands within
the Hamlet will have to be reviewed in detail pending comments
from all agencies . With respect to the Official Plan
requirement that all 'Residential Expansion' lands be
developed as a prerequisite to designating Tyrone as a 'Hamlet
for Growth' and allowing 'Long Term Residential Expansion
. . .9
219
REPORT NO. PD- 31 -90 PAGE. . . 9
Areas ' to develop, there are currently two draft approved
subdivision applications on lands designated 'Residential
Expansion (eleven lots in 18T-86062 - Jost; nine lots in 18T-
86012 - Heming) . The registration of the Jost application
however, is pending. It is Staff 's interpretation that both
of these subdivisions, would have to be registered with
building permits available prior to 'Long Term Residential
Expansion' lands being permitted to develop.
As well, the detailed Engineering Report to address the impact
of development on the Hamlet as a whole as required by the
Official Plan has also not been submitted.
10. 3 With respect to the proposal to extend the Hamlet boundaries,
the Hamlet Secondary Plan designates two other areas in Tyrone
with a total area of approximately 12 ha (30 acres) as 'Long
Term Residential Expansion' . Staff notes the requirements of
the Ministry of Agriculture and Food for a Justification
Report pursuant to the Food Land Guidelines and the inability
of the Public School Board to accommodate student demand. In
this regard, the further expansion of the Hamlet beyond
existing boundaries would not appear to be justified at this
time.
11. CONCLUSIONS
11. 1 The purpose of this report is to address the requirement of
a Public Meeting pursuant to the Planning Act.
11.2 Due to the Highway 407 Route Alignment Study and the remaining
undeveloped lands within the hamlet boundary, the expansion
of the existing limits of the Hamlet of Tyrone is premature
at this time. Therefore, it is recommended that the subject
applications as they relatd to the expansion of the Hamlet,
be denied.
. . .10
E�
' 0
REPORT NO. PD- 31 -90 PAGE. . . 10
11.3 In consideration of the outstanding agency comments, the
unresolved concerns related to the development of the site,
and the comments of the Ministry of Transportation and the
Public School Board, it is recommended that the subject
applications as they related to lands within the Hamlet be
referred back to Staff for further processing.
The submission of revised subdivision and rezoning
applications will be required to reflect the denial of the
proposal to extend the hamlet boundaries .
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I .P. Lawren E. Kotseff
Director of Planning & Development Chief A i'nistrative Officer
JAS*DC*FW*df
531
LIST OF PERSONS TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION
Ms. Kathryn Harrison
Armstrong Harrison Associates
Unit 1, 1380 Hopkins Street,
Whitby, Ont. L1N 2C3
Mr. Ray Abbott
Abbott Drafting & Design
172 King Street East,
Oshawa, Ont. L1H 1B7
Mr. Allan Smelko
W. Frank Real Estate Ltd.
80 Thickson Road South,
Whitby, Ont. L1N 7T2
Mrs. Lynn Todd
R.R.#5,
Bowmanville, Ont. L1C 3K6
Mr. Lou Stavrakos
R.R.#5,
Bowmanville, Ont. L1C 3K6
532
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LEGEND
LOT II M;°m 1 LOT 10 LOT 9 LOT 8 LOT 7
................................. I ..................................................1................................................ ........... .............._
Tom' AP AGRICULTURAL
ENVIRONMENTAL PROTECTION RI URBAN RESIDENTIAL TYPE ONE
RC RESIDENTIAL CLUSTER
Z �3 I 5 Z RE RESIDENTIAL ESTATE
0 ; O A-1, A Ail � RH RESIDENTIAL HAMLET
ll RM RESIDENTIAL MOBILE HOME
N ■ ■ ■ EP = RS RESIDENTIAL SHORELINE
RH W R2 URBAN RESIDENTIAL TYPE TWO
W -� I H W R3 URBAN RESIDENTIAL TYPE THREE
Z .
EP I (H)RH I _ R4 URBAN RESIDENTIAL TYPE FOUR
O I Z C1 GENERAL COMMERCIAL
U RH
(C-4- V C2 NEIGHBOURHOOD COMMERCIAL LF i C3 HAMLET COMMERCIAL
■ I C4 SPECIAL PURPOSE COMMERCIAL
RH RH RH-5 C5 SPECIAL PURPOSE COM.(SERVICE
C6 SERVICE STATION COMMERCIAL
RH RH A c C7 SERVICE STATION (SERVICED
t
I W M1 DRY LIGHT INDUSTRIAL
Z _ M2 GENERAL INDUSTRIAL
O EP t=3 EXTRACTIVE INDUSTRIAL
Z ——ARTERIAL ROAD TYPE'A:
0 ——ARTERIAL ROAD TYPE V
NA-1 ■ -: ''� cn REVISIONS:W , BY-LAW 85-50,PossedAPR.22,1985
w RH Z I Z CORPORATION OF THE TOWN OF 0
NEWCASTLE TYRONE
(FORMER TOWNSHIP OF DARLINGTON)
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TO BY-LAW 84-63 m
PASSED THIS IOM DAY z
® SUBJECT SITE OF SEPTEMBER,1984.
SCHEDULE 1101 HAMLET BOUNDARY
(TYRONE) 4-E-10 ■
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