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HomeMy WebLinkAboutPD-333-90 TOWN OF NEWCASTLE REPORT File # N: HAMLETS .GPA Res. # By-Law # hEETING: General Purpose and Administration Committee DATE: Monday, November 5, 19 9 0 REPORT #: PD-333-90 FILE #: 85-33/N ACT: PROPOSED MODIFICATIONS TO SECTION 9 - HAMLETS AMENDMENT 22 TO THE OFFICIAL PLAN FOR THE FORMER TOWNSHIP OF DARLINGTON (NOW REFERRED TO AS THE OFFICIAL PLAN FOR THE TOWN OF NEWCASTLE) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-333-90 be received; 2 . THAT Report PD-333-90 be forwarded to the Ministry of Municipal Affairs and the Region of Durham Planning Department as the Town of Newcastle's response to the proposed modifications to Section 9 (Hamlets) of the Town of Newcastle Official Plan; and 3. THAT the Region of Durham Planning Department and the Ministry of Municipal Affairs be advised of Council's decision. 1. BACKGROUND 1. 1 The provisions of the Town of Newcastle Official Plan related to Hamlets were deferred for further consideration by the Ministry of Municipal Affairs at the time of approval of Amendment No. 22 to the Official Plan of the former Township of Darlington. The Ministry has circulated the proposed Hamlet policies as outlined in Section 9 of the Plan to various agencies for their review and comment. 1.2 By letter dated August 17, 1990 to the Region of Durham Planning Department (Attachment No. 1) , the Ministry indicated that !Es circulation and review of t o proposea Ham et r r policies is now complete. The Ministry has proposed a number REPORT NO. : PD-333-90 PAGE 2 of modifications to the policies in Section 9 and further, to defer the approval of a number of the Hamlet Schedules . Upon receipt of the Town's and the Region's responses on the proposed modifications, the Ministry will consider a partial approval of Section 9 . 1.3 The discussion of the proposed modifications corresponds with the headings provided in the Ministry's letter, with the Town's comments highlighted in bold type. 2 . COMMENTS 2 . 1 General 2 . 1. 1 Ministry Comment 1(a) states that a policy should be included indicating the role that Hamlets are to play in the Town's community hierarchy. It is recommended that a new subsection be incorporated into Section 9.1, as follows, and the existing sections renumbered accordingly: "9.1 i) Hamlets are the focus of settlement activity in the rural areas of the Town. Development in hamlets shall reinforce their traditional role as service centres for the residents of the hamlet and the surrounding rural area. " It is further recommended that, for the purposes of consistency, Section 9.1 be titled "General Policies" 2 . 1.2 Ministry Comment 1(b) suggests the inclusion of policies to establish parameters for establishing growth limits, and to provide the basis for redesignation to a "Hamlet for Growth" . The Town's comments on these matters are provided later in this report as part of the discussion on Ministry Comments F D / �r REPORT NO. : PD-333-90 PAGE 3 2 .2 Subsection 9.1 (ii) Ministry Comment suggests that a policy be included which would state that all Secondary Plans are to be supported by a Secondary Plan Study and which would detail the matters these studies shall address . The Town has no objection to this modification and therefore recommends that Section 9.1 ii) be amended by adding the following as a second paragraph: "A Hamlet Secondary Plan shall be supported by a secondary plan study which shall address, as a minimum, the following matters: existing land use and population; significant human settlement features, including historically significant structures; significant natural features; the agricultural capability of soils; soil types and ground water conditions for private servicing. " 2 . 3 Subsection 9.3 - Other Hamlets 2 . 3. 1 Ministry Comment 3(a) proposes to limit new growth permitted through infilling and/or minor extensions to a maximum of 10% of the existing units in the hamlet. The Ministry also suggests that a policy be included making hamlets without Secondary Plans subject to the provisions of Section 9 . The Town cannot support the inclusion of a policy which would place an arbitrary limit on infilling and minor extensions to growth. Any limits to growth specified by the Plan should recognize the individual abilities of the various hamlets to accommodate growth. It is therefore recommended that Section 9.3 be amended to read as follows (proposed changes underlined) : "9.3 i) Residential growth within all other hamlets shall generally be limited to infilling and/or minor p- Y existing eve opmen . REPORT NO. : PD-333-90 PAGE 4 Generally, these hamlets shall be permitted to develop to the maximum number of units indicated below- Enfield 25 Maple Grove 45 Hampton 275 Mitchell's Corners 180 Haydon 50 Orono 500 Kendal 80 Solina 110 Kirby 25 Tyrone 115 Leskard 70 9.3. ii) Residential growth in hamlets for which a Secondary Plan has not been approved shall be limited to infilling only and shall be subject to the requirements of all other provisions of this section, in particular Subsection 9.10 i) . " 9.3 iii) 'Infilling shall be defined as the creation of a maximum of three new lots between two existing lots which are no more than 150 metres apart on the same side of the road. 2 . 3 .2 Ministry Comment 3(b) recommends the inclusion of a new policy detailing how commercial and industrial proposals in hamlets without a Secondary Plan are to be dealt with. It is recommended that the following new policy be incorporated into Subsection 9.3, as amended: 119.3 iv) Commercial and industrial uses shall not be permitted in hamlets for which a Secondary Plan has not been approved. " 2 .4 Subsection 9.4 - Residential Development 2 .4 . 1 Ministry Modification 4 (a) suggests that the reference to O-LILU-Le f zattily Lt= as being the predominant an use permitted within hamlets be modified to 'detached dwelling 5 9 9 i F REPORT NO. : PD-333-90 PAGE 5 units ' or ' single dwelling units ' . A recent amendment to the Planning Act prohibits by-laws to distinguish on the basis of relationship. The Town has no objection to this modification. 2 .4 .2 Ministry Modification 4(b) states that the existing policies should be modified to clarify the basis by which a hamlet can be designated as a "Hamlet for Growth" and for determining the growth limit. It is recommended that Section 9.4 iii) a) be amended to read as follows (proposed changes underlined) : " 9.4 iii) a) all lands designated short term residential expansion are occupied by registered plans of subdivision, and building permits have been issued for 75 percent of the lots in these subdivisions" . With respect to providing the basis for redesignating a hamlet as a Hamlet for Growth, the Town recommends that Section 9.4 (iv) be modified to require the submission of additional documentation. However, the proposed wording is provided in the context of the discussion on Ministry Modification 4(c) below. 2 .4 . 3 Ministry Comment 4(c) recommends that the Engineering Study for lands designated Long Term Residential Expansion be prepared to the satisfaction of the Ministry of Environment, the Ministry of Natural Resources and the Conservation Authority and be required to address impacts on Areas Subject to Development Restrictions . The Town has no objection to the modification of Section 9.4 ice)—as—Prepese section be further modified, as follows, to incorporate the 5 9 REPORT NO. : PD-333-90 PAGE 6 additional information requirements as discussed in Paragraph 2.4.2 above (proposed changes underlined) : 119 .4 iv) In considering amendments to permit development of 'Long Term Residential Expansion Areas' , Council shall require proponents to submit the followings documentation- a) a detailed Engineering Report which establishes the method of water supply, sewage disposal and surface drainage and which identifies any potential impacts and proposed mitigative measures associated with such servicing schemes. Such Engineering Reports shall be prepared to the satisfaction of the Ministry of the Environment, the Ministry of Natural Resources, the Region of Durham Department of Health Services, and the respective Conservation Authority and shall cover areas of existing and proposed development together with lands identified as 'Area Subject to Development Restrictions' . b) a Justification Report pursuant to Section 3.14 of the Foodland Guidelines, prepared to the satisfaction of the Town and the Ministry of Agriculture and Food; c) an analysis of the impact of the proposed development on the provision of community services within the Hamlet, prepared to the satisfaction of the Town and other relevant agencies; d) an analysis of the impact of the proposed -'evei-eflm m_ features and/or areas, prepared to the 5 9 V I REPORT NO. : PD-333-90 PAGE 7 satisfaction of the Ministry of Natural Resources and the Conservation Authority. e) any other requirements as deemed appropriate by Council. " 2 .4 .4 Ministry Comment 4 (d) proposes to clarify the uses permitted within Areas Subject to Development Restrictions . The Town has no objection to the modification of the policy as proposed. 2 .5 Subsection 9.5 - Community Facilities 2 .5 . 1 Ministry Comment 5(al proposes a modification that community uses be permitted in all areas of a hamlet and be subject to all relevant policies of Section 9, such as servicing and engineering studies . The Town has no objection to permitting community facilities in any area of a hamlet provided that such uses are compatible with the surrounding land uses. It is therefore recommended that Section 9.5 (i) be amended to read as follows (proposed changes underlined) : 119 .5 (i) Community uses such as minor community centres, places of worship, fraternal organizations, schools, post offices and parks may be permitted within any area of the Hamlet provided Council is satisfied that the proposed use(s) will have no adverse affects upon the existing use of surrounding lands or the implementation of this plan, and subject to an appropriate designation within the implementing zoning by-law. 9.5 ii) Community uses shall be subject to all pertinent Provi7slons- of -this section. in barticular the .5 9 ` REPORT NO. : PD-333-90 PAGE 8 requirements for an Engineering Study as outlined by Section 9. 11 ii) . " 2 . 6 Section 9 .7 - Industrial 2 . 6 . 1 Ministry Comment 6 (a) proposes a modification to include a definition of dry industrial uses . The Town has no objection to the wording of the modification as proposed by the Ministry. 2 . 7 Section 9.9 - Development Restrictions 2 . 7 . 1 Ministry Comment 7 (a) proposes to require the Town to consult with the Ministry of Natural Resources and the Conservation Authority prior to approving any zoning by-law or development application within Areas Subject to Development Restrictions . It is the Town's standard practice to consult with these agencies an all applications. Accordingly, the Town has no objection to the proposed modification. 2 . 7 .2 Ministry Comment 7 (b) proposes to include a policy requiring the Town to incorporate into the zoning by-law, appropriate building setbacks from watercourses for which floodline mapping is not available. The Town has no objection to the wording of the modification as proposed by the Ministry. 2 . 8 Ministry Comment 8 would require the approval of a number of agencies with respect to methods of water supply, surface drainage and sewage disposal, as well as the impact on existing water supplies in the hamlet and surrounding area, cis a condition of any ne.. res _nLial develoDfflent in a hamlet. REPORT NO. : PD-333-90 PAGE 9 The Town would have no objection to requiring major new development in Residential Expansion areas to be required to demonstrate that the development would not adversely affect water supplies within and adjacent to the hamlet. However, the existing requirements with regard to the hydrogeological studies required for infilling and minor extensions are too stringent and act to deter minor new development from occurring in Hamlets. Therefore, it is recommended that Subsection 9.10 i) be further amended to read as follows (proposed changes underlined 119.10 i) Prior to new development occurring in any hamlet, the applicant(s) will be responsible for demonstrating to the satisfaction of the Town, the Region of Durham, the Ministry of Environment, the Ministry of Natural Resources and the Conservation Authority, the method of water supply, sewage disposal and surface drainage; the potential impacts of such servicing schemes; and any proposed mitigative measures. In addition, the applicant must present an Engineering Report to demonstrate, to the satisfaction of the Town, the Region of Durham and the Ministry of the Environment, that an adequate supply of potable water exists to serve the proposed development. Plans of Subdivision occurring in areas designated as "Residential Expansion", this Engineering Report must also address the likely impact of the proposed development on existing water supplies surrounding the proposed plan of subdivison. " 2 . 9 Subsection 9.12 - Interpretation 2 . 9 . 1 M:LntstrV- Comment 9 r po es the incorporation of a new subsection entitled Interpretation. A new policy states 50 ) �. 1 REPORT NO. : PD-333-90 PAGE 10 that street patterns and lot lines indicated on schedules are for reference points only. Another new policy is proposed which states that detailed hydrogeological reports must be submitted in support of all development proposals, notwithstanding the growth limits and lot sizes specified in Section 9 . The Town has no objection to the inclusion of this new subsection, although it is recommended that only new development proceeding in Residential Expansion areas be required to address the probable impact of development on groundwater conditions on the surrounding lands. It is therefore recommended that the first paragragh of Section 9.12 (ii) be modified to read as follows (proposed changes underlined) : 119.12 (ii) Notwithstanding the growth limits and lot sizes as specified in this Plan, development proposals shall be accompanied by detailed hydrogeological reports which justify the lot sizes proposed by demonstrating that soil and groundwater conditions at the subject site will enable the effective operation of private waste disposal systems with no adverse of fects on the groundwater conditions of the developing lands, as well as the water quality of any adjacent surface water. For development proposals in Residential Expansion areas, this report shall also demonstrate that the development will not adversely affect the groundwater conditions of surrounding lands. It is also suggested that the term "reference points" be amended to read "reference purposes. " REPROT NO. : PD-333-90 PAGE 11 2 . 10 The Ministry notes the Town of Newcastle Official Plan does not contain policies with respect to "Flood Plain Planning or the "Land Use Planning for Housing" Policy Statement. The Ministry suggests that consideration be given to permitting other types of residential development in hamlets, such as duplexes, semi-detached units, and apartments above stores . The Town does not feel that the provision of higher density housing in hamlets is realistic given minimum lot area requirements for the provision of private services. However, this issue will be addressed through the Town's Municipal Housing Statement which is currently being prepared. 2 . 11 The Ministry of Municipal Affairs notes that, in light of the recent provincial policy report regarding "A Greenlands Strategy for the Greater Toronto Area" , it will be recirculating the Secondary Plans for Enniskillen and Burketon Station to the Ministries of Natural Resources and Environment due to their location on the Oak Ridges Moraine. 2 . 12 As well, the Ministry of Transportation has requested deferral of the Secondary Plan Schedules for the hamlets of Burketon Station, Enniskillen, Solina, Tyrone, Haydon and Hampton, due to their location within the Highway 407 Study Corridor. The Town notes that the deferral of the Secondary Plan schedules noted above would leave the Secondary Plan for Newtonville as the Town's only approved Hamlet schedule. The Town views this situation with some dismay, given the emphasis that we are currently placing on encouraging hamlet development. As well, the deferral of the schedule for the entire hamlet would appear to serve little purpose given that many of the schedules provide for little new development and that- in farts many of the hamlets are—close—to, if not already, fully developed. The Town therefore strongly urges 59 . REPORT NO. : PD-333-90 PAGE 12 that the hamlet schedules be approved, with "Deferral Areas" indicated only for those vacant lands without draft approved or registered plans of subdivision. 2 . 13 Other Modifications 2 . 13 . 1 The Town proposes to strengthen the existing policy in Section 9 regarding tree planting and preservation in hamlets. In this regard, it is recommended that Section 9.4 (vi) be modified by deleting the words "encourage and" from the first line. 2 . 13 .2 Hamlets have traditionally served as rural service centres and frequently have developed around a distinctive and historic community facility such as a church or a mill. New development in hamlets should not only have regard for, but should enhance, the special historic character of a hamlet. It is therefore recommended that Section 9.4 (v) be modified to read as follows (proposed changes underlined) : 9.4 (v) New development in hamlets shall complement and enhance the historic character of the hamlet. The Town shall ensure the implementation of this policy through such measures as the approval of building elevations prior to the issuance of building permits and architectural control by-laws. " 3. SUMMARY AND CONCLUSIONS 3. 1 The Town generally has no objection to the modifications as proposed by the Ministry of Municipal Affairs, although additional modifications have been proposed which would encourage new growth in hamlets through infilling and minor additions to growth. As well, the Town recommends that all of the existing hamlet schedules be approved, with only those cLut"CLb without draft u approved plans of subdivision beina deferred. 9 �¢ REPORT NO. : PD-333-90 PAGE 13 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu-M.C.I.P. Lbeekrenc-i'-111. Kotseff Director of Planning Chief nistrative and Development Office y JAS*DC*FW*df *Attach 29 October 1990 Ministry of ,..,sure des 777 Bay Street 777,roe Bay Municipal Affaires Toronto,06tario Toronto (Ontario) Affairs' municipales M5G 2E5 M5G 2E5 Ontario August 27, 1990 Dr. M. Michael, M.C.I.P. ti .�KY Commissioner of Planning Regional Municipality of Durham ' 1615 Dundas Street East 4th Floor, Lang Tower .1. West Building P.O. Box 623 Whitby, Ontario LIN. 6A3 Dear Dr. Michael: Re: Approval of Revisions to Section 9 - Hamlets of Amendment No. 22 to the Official Plan for the Town of Newcastle Regional File No. : 85-33 Ministry File No. : 18-OP-0094-022 Further to our letter of May 11, 1989, please be advised that the Ministry' s circulation and review of Section 9 - Hamlets is now complete. As a result of our review and circulation responses by the Ministry of the Environment and the Central Lake Ontario Conservation Authority, we are recommending additional modifications to the revised Hamlet policies. - i To summarize, our letter of May 11, 1989, recommended 5 textual and 2 schedule modifications. By letter dated May 18, 1989, Regional planning staff agreed to all proposed modifications except to Section 9.5(i) - community Facilities. By letter dated June 27, 1989, Newcastle Council agreed to all the textual modifications but not entirely to the schedule modifications. We also sent comments from the Central Lake Ontario Conservation Authority recommending seven modifications*. The Town has partially addressed CLOCA's comments by agreeing to one modification (requiring hydrogeological studies to take impacts on receiving water courses into account) . We have yet to receive the Region's comments on CLOCA' s proposed modifications. As a result, an array of CLOCA's concerns remain outstanding. CLOCA's proposed modifications have been incorporated into this letter. 599 2 / ,� -2- The Ministry of the Environment has now provided comments and requested two specific modifications dealing with the definition of dry industrial uses and a notwithstanding policy related to growth limits and lot sizes. Following is a discussion of the outstanding matters and a set of proposed modifications recommended to deal with most of them. The modifications are highlighted in bold type. Could you please provide- us with a •response on these proposed modifications together with additional policies dealing with the matters for which specific modifications have not been proposed. By copy of this letter, we are also requesting comments from. the.,.Town .of .NPwcastle on.these. proposed•.modifications:. In addition to the above comments, please be advised that, due to the recent provincial report entitled "Options for a Greater Toronto Area Greenlands Strategy", the secondary plans for hamlets located on the Oak Ridges Moraine (Burketon Station and Enniskillen). are being recirculated- to the Ministries of the Environment and Natural Resources as well as the conservation authority. The last outstanding matter stems from comments by the Ministry of Transportation advising that the hamlets of Solina, Enniskillen, Tyrony Haydon and Hampton are within the Highway 407 corridor• study area. As a result, the Ministry of Transportation is requesting deferral of these hamlet schedules. We will arrange a meeting bet,�ieen MTO, the Town, the Region and MMA to discuss this issue. Upon receipt of responses to the proposed modifications, we are willing to consider a partial approval of Section 9 - Hamlets, subject to the deferral of certain schedules of concern to the Ministry of Transportation and/or schedules of hamlets on the Oak Ridges Moraine.' Comments and Proposed Modifications 1. General (a) Policy should be included stating what role Hamlets are to play in the Town's community hierarchy. For example, is residential growth in hamlets intended to serve the rural community or perform a bedroom function for urban employment areas. /3 � 9 � � -3- (b) The need for such a policy is of importance because it is, directly related to the residential growth policies for Hamlets and specifically to Section 9.4 (iii) , which states that lands designated "Long Term Residential Expansion" cannot be developed until the status of the Hamlet has been changed to "Hamlet for Growth". Policies should be included in this section to provide parameters for establishing growth limits and to provide the basis for redesignation to a "Hamlet for Growth". 2.• Subsection .9.1(ii) (a) This policy requires the preparation of secondary plans for Hamlets. This policy should be modified to state that all secondary plans will be supported by a secondary plan study. Further, a description of what matters the . studies shall address should also be included (eg. environmental inventory; population limits; servicing; heritage buildings; etc. ) . 3. Subsection 9. 3 - Other Hamlets (a) In accordance with the proposed Section 14.3 .3 of the Durham Official Plan Review, it proposed that Policy 9.3 (i) be modified to define "infilling and/or minor extensions" as a maximum of 10% of the number of units existing in a hamlet. In addition, . it recommended that a modification be incorporated which states that development in "Other Hamlets" is subject to the same provisions contained within Section 9 as development in hamlets with secondary plans. Proposed Modification 9.3 (i) "Residential growth within all hamlets shall generally be limited to infilliing and/or minor extensions to existing development and shall be subject to the requirements of all other provisions of this Section, and particularly Subsection 9.10(1) . /4 599 28 -4- For the purposes of this Section, the total of all "infilling and/or minor extensions" shall be limited to a maximum of 10% of the number of units existing in the Hamlet as of the date of approval of this Section." (b) A new policy 9.3 (11) should also be included detailing how commercial and industrial development proposals will be dealt with in hamlets without a secondary plan. 4. Subsection 9.4 - Residential Development ' (a) Reference is made to "single, family �. residential" in policy 9.4(i.) . Bill 128' amended the Planning Act to prohlbit- by-laws to' . 4 distinguish on the basis of relationship. As a result, this policy should be modified to read "detached residential dwellings" or "single dwelling units". (b) As discussed in Item 1(b) above, Policy I 9.4. (iii) should be modified to clarify the bases by which a hamlet can be designated as a "Hamlet for Growth" and for determining the growth limit. (c) Policy 9.4 (iv) should be modified to require that the "Engineering Report" be prepared to the satisfaction of the Ministry of the Environment, the Ministry of Natural Resources and the Conservation Authority. i As well, in response to CLOCA's comments, this policy should be modified to require the reports to address impacts on the "Areas Subject to Development Restrictions" in addition to areas of existing and proposed development. The Town of Newcastle has agreed to a modification which would require analysis of impacts on "receiving watercourses for stormwater run-off". Newcastle's proposed wording is deemed to be too limited and hence a further modification is being proposed to require analysis of impacts on all "Areas Subject to Development Restrictions. /5 59 � �� -5- Proposed Modification 9.4 (iv) "In considering amendments to permit development of "Long Term Residential Expansion Areas", Council shall require proponents to prepare a detailed Engineering Report which establishes the method of water supply, sewage disposal and surface drainage and which identifies'any potential impacts and proposed mitigative measures associated with such servicing schemes. Such, Engineering .Reports shall be .prepared to• .• ; the. satisfaction of *the Ministry of the Environment,, the Ministry of Natural Resources and the respective Conservation Authority and shall cover areas of existing and proposed development together with lands designated as "Area Subject to Development Restrictions". " (d) Policy 9.4 (x) states no new development shall be permitted within areas designated'as "Area Subject to Development Restrictions". This policy should be modified to except those uses permitted in accordance with and subject to the requirements of Subsection 9.9 - Development Restrictions. Proposed Modification 9.4 (x) "No new development shall be permitted within those areas identified as being "Area Subject to Development Restrictions" except for those uses permitted in accordance with and subject to the requirements of Subsection 9.9 - Development Restrictions." 5. Subsection 9.5 - Community Facilities (a) Policy 9.5(i) should be modified to require that community facilities are also subject to the requirements of Section 9. /6 ' t l Proposed Modification 9.5(i) "Community uses such as minor community centres, places of worship, fraternal . organizations, schools, •post offices and parks may be permitted within any area- of the Hamlet subject to an appropriate designation within the implementing zoning by-law and all pertinent provisions of this Section." 6. Subsection 9.7 - Industrial (a) Pursuant to MOE's comments, Policy 9.7(i) .... should be modified *to define dry industrial uses. Proposed Modification 9.7 (i) "Dry Light Industrial development shall be permitted on .lands designated as Industrial by a Hamlet Secondary Plan subject to site specific zoning and site plan controls. Dry industrial uses are defined as uses which do not use water for washing, cooling or processing and where the use of the septic systems are solely for the disposal of domestic waste generated by employees. Permitted industrial uses will generally be limited to such uses as custom workshops and rural service industries and will only be permitted where visual buffering and spatial separation can be provided from adjacent uses." -7. Subsection 9.9 - Development Restrictions (a) Policy 9.9(i) should be modified to require - consultation with the Ministry of Natural Resources and the-Conservation Authority prior to the passing of any zoning-by-law or approval of any development application. /7 599 3 l -7- Proposed Modification 9.9 (i) "Areas designated as "Area Subject to Development Restrictions" within a Hamlet Secondary Plan may be used for agriculture and farm-related uses, conservation, reforestation, public or private open space- and recreation uses, if compatible with the surroundings and the particular site restrictions. The •.Town shall consult with the Ministry of .Natural Resources and the respective Conservation Authority prior to the passing o;f any zoning. by-law or approval of any development application withi.n .lands designated as "Area` Subject to Development Restrictions". b) Policy 9.9 (iii) should be modified to include reference to both building and lot line setbacks throughout the text of this policy. Accordingly, the second last sentence should read as follows: Proposed Modification "In situations involving watercourses which are not floodline mapped by a public or private agency, the Town shall, in consultation with the respective Conservation Authority, impose minimum building and/or lot line setbacks from the watercourse in its zoning by-laws. " 8. Subsection 9.10 - Servicing Modification to Policy 9.10(i) is required to include various provincial agencies in the review process. /8 5 9 .� -8- Proposed Modification 9.10(1) "Prior to new development occurring in Hamlets not covered by a secondary plan or in areas designated "Residential Expansion" on a Hamlet Secondary Plan, either by subdivision or consent, the applicant(s) will be responsible for demonstrating to the satisfaction of the Town, the Region of Durham, the Ministry of the Environment, the Ministry of Natural Resources and the Conservation Authority, the method of water supply, sewage disposal and surface drainage; the potential impacts. of such servicing sehemes; and, any proposed mitigative.' measures_ Iri •addition, the applicant must present an Engineering Report to demonstrate, to the satisfaction of the Town, the Region of Durham and the-Ministry of the Environment, that an adequate supply of potable water exists to serve the proposed development. This Engineering Report must also address the likely impact of the proposed development on existing water supplies within the Hamlet and surrounding area. " 9. Subsection 9.12' - Interpretation This represents a new subsection resulting from one of the modifications recommended by the Ministry of the Environment along with Newcastle's response to this Ministry's concern regarding the inclusion of lot lines and "Possible Access Points" on the schedules. Proposed Modification "9.12 - Interpretation L�r (i) . Street patterns and lot lines are indicated on the Schedule of the Haml Secondary Plans for reference points only. These features and the "Possible Access Points" may be added, altered or deleted without amendment to this Plan. /9 599 :� S 1 -9- (ii) Notwithstanding the growth limits and lot sizes as specified in this Plan, development proposals shall be accompanied by detailed hydrogeological reports which justify the lots sizes proposed by demonstrating that soil and groundwater conditions at the subject site will enable the effective operation of private waste disposal systems with no adverse effects on the groundwater conditions of the developing lands and the surrounding lands, as well as.the water quality of any adjacent. surface water. These reports- 'shall be prepared in compliance with Ministry of the Environment policy/guidelines/standards as- mencied from'time to time .arid .f-6-the satisfaction of the Region' of Durham and the Ministry of the Environment as may be required." In closing, it is noted that the Newcastle Official Plan does not contain any policies with respect to the "Flood Plain Planning" or the "Land Use Planning for Housing" Provincial Policy Statements. Through the Durham Official Plan Review, Newcastle's upcoming official plan review and the requirement of the "Land Use Planning for Housing" Policy Statement that municipalities prepare comprehensive official plan policies on housing, we will be expecting the' incorporation of policies in both the Durham and Newcastle official plans to address these two provincial interests as they pertain to the municipalities as a whole, including hamlets. In the interim, we recommend that a general objective be added to Section 9 which states that new residential development in all hamlets. will have regard for the "Land Use Planning for Housing" Policy Statement. In addition, the Town and Region may wish to consider permitting other types of residential units in hamlets such as duplexes, semi-detached units and apartments above stores etc. /10 599 V -10- I have enclosed copies of the circulation responses. If you have any questions, please call Victor Doyle at (416) 585-4253. Yours truly, Karen Smith Senior Planner Plans Adminstration Branch Central and Southwest attach. C.C. Mr. F. Wu, Director of Planning, Town of " Newcastle 599