HomeMy WebLinkAboutPD-235-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN:WEST-2 .GPA REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, October 7, 1991 Res. #
By-Law#
Report ilep*ile-- . -EV. 89-55
Subject: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 89-042/D/N
SUBDIVISION APPLICATION - FILE: 18T 89038
REZONING APPLICATION - FILE: DEV 89-55
APPLICANT: WESTLAKE (821010 ONTARIO LIMITED)
PART LOT 25, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-235-91 be received;
2 . THAT Official Plan Amendment Application 89-42/D/N,
Subdivision Application 18T-89038, and Rezoning
Application DEV 89-55 submitted by 821010 Ontario
Limited be denied;
4 . THAT the applicant, the Region of Durham, delegations
and persons listed in this report, be notified of
Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: 821010 Ontario Limited (agent: Bruce Rondeau)
1. 2 Owner: Doreen Westlake
1. 3 O.P.A. : From: "Hamlet for Infilling" , "Permanent
Agricultural Reserve, " and Area
Subject to Development
Restrictions"
To: "Hamlet for Growth" and
"Residential Expansion"
1. 4 Subdivision: Proposal is for a forty (40) lot residential
subdivision (see Attachment no. 1)
REPORT NO. : PD- -91 PAGE 2
1. 5 Rezoning: Application is to rezone from "Agricultural
Exception (A-1) & "Environmental Protection
(EP) " to a zoning category appropriate to
permit the development
1. 6 Area: 34 . 42 ha (85. 05 acres)
2. LOCATION
2 . 1 The subject property is located on Lot 25, Concession #6, in
the former Township of Darlington (see Attachment no. 2) .
It is situated for the most part to the north of the present
Hamlet boundaries of Solina.
3. BACKGROUND
3 . 1 The following applications have been submitted by 821010
Ontario Limited:
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 .
3 . 2 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 (see Section 7 . 4 for discussion of
report) , the applicant submitted a revised plan reducing the
proposed number of lots to be developed to 45. Since then,
advice given by the Public Health Department has prompted
the applicant to reduce the proposed number of lots even
further to 40. Public Health is concerned about the
capability of the stormwater retention pond and has
REPORT NO. : PD-235-91 PAGE 3
asked the applicant to withhold development of five lots
until the retention pond has proven adequate.
4. EXISTING AND SURROUNDING USES
4 . 1 Existing Uses
4 . 1. 1 The subject property has been used as a farm and slopes
towards the Hamlet of Solina. The southern portion of
the site is traversed by a tributary to Farewell Creek.
4 . 2 Surrounding Uses
4 . 2 . 1 The surrounding uses to the subject property are as
follows:
North: agricultural
South: a 22 lot subdivision within the Hamlet of
Solina
East: agricultural and large lot residential (5-20
acres)
West: agricultural
5. OFFICIAL PLAN POLICIES
5. 1 Existing (1976) Durham Region Official Plan
5. 1. 1 The majority of the lands in the vicinity of Solina are
designated as "Permanent Agricultural Reserve" by the
Durham Region Official Plan. Non-agricultural uses in
this designation are discouraged.
5. 1. 2 Section 10. 4 of the Regional Official Plan outlines
policies relating to hamlet development. In general,
residential development in hamlets shall be limited to
minor internal infilling and/or minor additions to
existing development. Additional indepth development
is permitted in those hamlets identified as 'Hamlets
for Growth' , generally to a maximum of 150 units.
Solina is currently designated as a 'Hamlet for
Infilling. '
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REPORT NO. : PD-235-91 PAGE 4
5. 1. 3 The Regional Official Plan also states that the
delineation of the limits and the detailing of land
uses in hamlets shall be provided in a development plan
adopted by local Council prior to major new development
taking place.
5. 2 Town of Newcastle Official Plan
5. 2 . 1 The southerly portion of the subject lands fall within
the Hamlet boundary and, as such, are designated
partially "Existing Residential" and predominantly
"Area Subject to Development Restriction" by the Hamlet
of Solina Secondary Plan. The majority of the property
lies outside the present Hamlet boundaries. The
subject Official Plan Amendment application would
extend the Hamlet of Solina to incorporate these lands,
and redesignate the hamlet as a "Hamlet for Growth" .
5. 3 New (1991) Durham Region Official Plan
5. 3 . 1 The new Durham Region Official Plan retains the
designation for the subject lands as "Permanent
Agricultural Reserve" . Sections 13 . 2 . 2 , 13 . 2 . 3 and
13 . 3 . 5 of the new Official Plan outline policies
pertaining to hamlets and they state that:
Hamlets shall be the predominant location for rural
settlement, with the other residential development and
Rural Employment Areas being limited in scale.
Growth will occur only in those hamlets that are
determined to be suitable for further development.
The delineation of the limits of a hamlet and the
details of the land uses to be permitted within a
hamlet, shall be incorporated in the area municipal
official plan, following the conclusions and
recommendations of a settlement capacity study to the
satisfaction of the Region and the Ministry of the
Environment, which shall include the following:
REPORT NO. : PD-235-91 PAGE 5
a) an analysis of the hydrogeological regime in the
area to determine the availability and quality of
groundwater on a long term basis;
b) an assessment of the impact of future development
on existing groundwater quantity and quality and
on existing sources of drinking water, including
municipal, communal and private wells;
C) an assessment of the long-term suitability of the
soil conditions for the effective operation of
private sewage disposal systems;
d) an identification of any existing restrictions to
future development;
e) an assessment of surface drainage;
f) an assessment of how new growth will be
complementary to, and consistent with, the
historic character of the area;
g) an assessment of the impact of new growth on the
natural environment; and
h) a statement of conformity with the Agricultural
Code of Practice.
6. ZONING DESIGNATION
6. 1 Zoning By-law 84-63
6. 1. 1 The Town of Newcastle Comprehensive Zoning By-law
places an "Agricultural Exception (A-1) " and
"Environmental Protection (EP) " zoning on the site.
The subject lands would require a 'Residential Hamlet
(RH) ' zone in order for the proposed residential
subdivisions to develop.
7. BACKGROUND STUDIES
7 . 1 Preliminary Storm Water Management Report
7. 1. 1 This report was prepared by R.W. Bruynson Inc. , to
satisfy the Ministry of Natural Resources. The
consultant performed an analysis of the site to
REPORT NO. : PD-235-91 PAGE 6
determine the effects that the development would have
on the quality and quantity of water conveyed from and
through the site. It is the intention of the applicant
to install a retention pond at the south end of the
site for recreational purposes as well as to provide
storm water quality/ quantity control.
7 . 1. 2 The consultant noted that if the wet pond is properly
designed, constructed and sized, it would provide the
best method of controlling the quality/quantity of
storm water leaving and flowing through the site. It
was also noted that the proposed solution would
decrease the peak flood levels that the site presently
experiences and would release site flood waters at a
controlled rate. Consequently, this "would have a
significant effect on the downstream creek flows and
erosion of the creek banks. "
7. 2 Flood Plain Study
7 . 2 . 1 R.W. Bruynson Inc. , prepared this study to determine
the extent of flooding over the existing property
resulting from a 1: 100 year storm. The analysis was
performed in accordance with the regulations of the
Central Lake Ontario Conservation Authority.
7 .2 . 2 The consultant concluded that the storm waters are well
conveyed across the site and no significant adverse
effects on the flood levels within the site boundaries
are expected from downstream irregularities. It was
noted that "the proposed water course diversion and
retention pond are required during the construction of
the subdivision and at post development to ensure that
the quantity and quality of discharge is not
significantly altered. Furthermore, safeguards against
REPORT NO. : PD-235-91 PAGE 7
erosion must be taken around the site perimeter during
construction to prevent silting of the waste course.
Coarse rip-rap should be used at all abrupt changes in
channel direction as well as the ends of the culverts
to prevent scouring of the banks. "
7 . 3 Photo-Interpretative Soil and Terrain Analysis and
Agricultural Capability Assessment of Lands
7. 3 . 1 The applicant asked Robinson, Merritt & deVries Ltd. to
review the physical conditions of the property and
assess the agricultural capability of the lands and
their potential to support agriculture.
7. 3 . 2 In this report the consultant notes that the Canada
Land Inventory Soil Capability for Agriculture Map
designates approximately 80% of the map area that
encloses the site as being Class 1 lands (no
significant limitations to crop use) .and 20% as Class 4
lands (severe limitations restricting the range of
crops) . According to the Durham County Soil Survey
Report the property is composed of Bondhead Loam.
7. 3 . 3 The consultant felt there were deficiencies with the
scales used to classify the soils as these scales were
deemed "very reconnaissance in nature and considered
inadequate for site specific evaluations. " To overcome
these deficiencies, the consultant has completed a more
detailed assessment of the soils using a photo-
interpretative soil and terrain analysis. The results
of the analysis indicated that "the major part of the
property is identified with Class 3 lands. " These
particular lands have moderately severe limitations
that restrict the range of crops or require special
conservation practices.
REPORT NO. ; PD-235-91 PAGE 8
7. 3 .4 The report concluded that while the property does
contain some good lands, the predominant part of the
site is composed of lower quality land resources. The
site is also "fragmented by drainage ways, broken
lands, or their occurrence in small pockets which make
them difficult to utilize with modern day large farm
equipment. The drainage ways and broken lands also
offer some problems in the cultivation and management
of these lands. "
7. 3 . 5 The report suggests that while the property is
currently being used for agriculture, the continued
practice of row cropping and clear cultivation on the
long slopes on the northern flank of the property is
highly conducive to accelerated erosion. To prevent
further degradation of the soils it is necessary to
employ conservation measures such as strip cropping,
contour berming and grassed water. Generally, the site
has an arable base of approximately 50 acres which the
consultant considers inadequate for most general farm
operations.
7 .4 Preliminary Hydrogeologic Assessment
7. 4 . 1 The applicant hired Gibson & Associates Ltd. , to study
the surficial soils, shallow ground water movement,
recharge, baseline water quality, and availability.
The study revealed that there is a major aquifer system
at a depth of 27m. Recommendations were presented in
the report for private servicing for water supply and
waste disposal to lessen future possible impacts on
existing water quality functions or water supplies.
7. 4 . 2 The consultant also noted that the "assessment of the
potential future impacts indicates that septic effluent
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REPORT NO. : PD-235-91 PAGE 9
from the proposed 51-lot development will likely result
in long term nitrate levels that exceed the provincial
drinking water objective. " It was recommended by the
consultant that the development be limited to a maximum
of 45 residential units.
7 .4. 3 In summary, the recommendations made in the report
were:
- private wells should consist of drilled and
screened wells completed to a depth of at least
30m to reach the defined main water bearing
formation
grouting or other suitable sealing of the annular
space to a depth of at least 3m would assist in
protecting the wells from surficial sources of
contamination
long term effluent levels from private waste
disposal systems will likely exceed the provincial
drinking water standards for nitrates and
therefore, the proposed number of residential lots
should be reduced to 45 lots
7 . 5 Supplementary Report Groundwater Availability Study
7 . 5. 1 This report supplements an earlier hydrogeologic study
conducted by Gibson & Associates Ltd. Based on their
findings the consultant recommended that each lot in
the development be serviced by a drilled well
penetrating into the deep aquifer. The best suited
aquifer is the "granular water bearing zone(s) in the
deep overburden at approximately 155 metres above mean
sea level (155 (amsl) ) . " The report noted that the
water quality of the deeper aquifer meets the
Provincial Drinking Water Objectives.
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REPORT NO. : PD-235-91 PAGE 10
7. 6 Justification Report Pursuant to the Foodland Guidelines
7 . 6. 1 The applicant submitted a study conducted by Conroy
Dowson Planning Consultants Inc. , to justify the use of
agricultural land for purposes other than agriculture
as required by Section 3 . 14 of the Food Land
Guidelines.
7. 6. 2 The consultant makes reference to Official Plan
policies regarding hamlets for infilling and hamlets
for growth. The consultant states that "it is implied
that when options for infilling are either not
available or limited, consideration will be given to
proposals for a Hamlet for Growth. " The Westlake
development would result in a total of approximately
150 residential units for the hamlet, which is the
maximum number of lots generally permitted by the
Official Plan for 'Hamlets for Growth. "
7. 6. 3 The consultant notes that the Town of Newcastle and the
Region of Durham envision major increases in the
planned population. The Town's population is projected
to increase to 110, 000 persons by the year 2005 and the
Westlake proposal provides for additional yet limited
housing opportunities in a hamlet setting. It is
stated that "forty-five -lots (approximately 171
population) as a percentage of planned growth of 110, 00
is negligible (approximately 1/10 of 1 percent) . It is
further noted that the stated population forecast for
Solina as a Hamlet for Growth is 570. "
7. 6. 4 The report states that there are 105 existing and
potential residential lots within the existing
boundaries of the Hamlet of Solina, including 8 vacant
REPORT NO. : PD-235-91 PAGE 11
lots and 12 possible new lots on 25 acres presently
designated for infill. The addition of the Westlake
lands would result in a total of 150 homes. It is
indicated that the development of the Westlake lands
would provide a competitive option to the 8 existing
undeveloped lots. The argument is also presented that
the proposed subdivision would "not unduly or adversely
affect the character of the Hamlet of Solina. "
7 . 6. 5 The consultant also states that there are no
alternative locations of lower agricultural capability
lands on the boundaries of Solina. He considers the
location of the proposed development to be the least
detrimental to continuing agricultural activity in the
area.
7 . 7 Substantive Rationale In Support of Solina As A Hamlet For
Growth
7 .7 . 1 The last public meeting concerning this application was
held on September 9, 1991 and since that time, Conroy
Dowson Planning Consultants Inc. , has submitted another
report in order to provide a substantive rationale to
support Solina as a 'Hamlet for Growth. '
7 . 7 . 2 In this report, the consultant states that from the
period 1980 to 1990, an extra 45 homes were added to
the Hamlet of Solina. This addition to Solina averages
out to approximately 4 to 5 homes per year. The
consultant states that since the Hamlet of Solina has
been accommodating an extra 5 homes per year for the
last 10 years, the addition of 5 Westlake lots per year
for the next 8 years would produce only a minimal
impact.
REPORT NO. : PD-235-91 PAGE 12
7 .7. 3 It is noted that the 110 lot capacity presently set for
the Hamlet of Solina is "too small a number to ensure
the operation and benefits of a competitive market.
Further, at today's standards the boundary cannot
accommodate 110 homes. " The consultant points out that
Planning Staff in Report #PD-333-90 noted that "the
Town cannot support the inclusion of a policy which
would place a 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. "
7 . 7 . 4 The consultant notes that Farewell Creek to the west
and Black Creek to the east of the proposed site,
"provide clearly identifiable limits to assist in
establishing [Hamlet] boundaries. " It is suggested
that these are clearly marked physical features which
contain development to a north/south direction.
7 .7. 5 The applicant has applied for a hamlet boundary
extension for 40 lots. Due to concerns mentioned by
Planning Staff in Report PD-192-91, regarding compact
form, hamlet/agricultural interface and the spill-over
potential to lands on the east side of Solina road, the
consultant has presented two more options, which he
hopes will satisfy the Town. The Two options presented
for the Westlake site are: 1) "the extended rectangle" ,
and 2) "the rectangle" (see attachment #3) .
7.7 . 5. 1 Extended Rectangle
This option addresses the potential impact on the
east side of Solina Road. It is assumed that if
the hamlet boundary is extended to the east, there
REPORT NO. : PD-235-91 PAGE 13
will be a further 40 lots from the Westlake site
and 30 lots from the east. The potential 70 lots
plus the 100 existing lots in Solina would result
in a total of 170 lots for the Hamlet of Solina.
This option does not address the vacant parcel of
land in the south-west portion of the Hamlet.
7. 7 . 5. 2 The Rectangle
This particular option is a scaled down version of
the Extended Rectangle which would limit the
expansion of the Hamlet boundary. If this option
were to be allowed it would add 23 lots from the
proposed Westlake site and a potential 18 lots
from the east side. The total amount of lots in
Solina in addition to the 100 currently there,
would amount to the 141 lots. The applicant,
however, still refers to this as an interim option
with the hope of accommodating future growth on
the remaining portion of his land.
7 .7 . 6 In summary, the consultant stated that "the rationale
for Hamlet growth is to provide housing to relieve the
pressure on the continuing agricultural area, to do so
in a modest manner, and to implement such growth in a
rigorous high standard manner such that future problems
are minimal and impact issues are negligible" .
B. PUBLIC MEETING AND RESPONSE
8 . 1 In accordance with the Town's procedures and the
requirements of the Planning Act, it was necessary for
the Town to hold a public meeting concerning the
application. A public meeting was held on September 5,
1989, and again on September 9, 1991.
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REPORT NO. : PD-235-91 PAGE 14
8.2 Two citizens (one appearing on behalf of his family and
neighbours) appeared at the first public meeting,
whereas at the second public meeting, one citizen spoke
on behalf of 17 people. At both public meetings the
concerns raised were that the proposed development
would: set a negative precedent, create water problems
and hazardous traffic conditions. The citizens felt
that the Town would be better advised to encourage
industrial development in the Town rather than
residential development, since industrial development
would generate more revenue for the Town.
8. 3 In addition, one citizen (representing 22 residents of
Solina) appeared before a regular meeting of Council on
September 16, 1991, to state that they were opposed to
the application. The reasons given for the opposition
were: 1) it is unnecessary to make Solina a Hamlet for
growth; 2) houses that are built should be affordable,
not luxury homes; 3) safety of the open ponds; 4)
cost to Hamlet citizens; 5) loss of agricultural land;
6) creation of a domino effect for other developments;
and 7) the rural atmosphere of the Hamlet will be
ruined.
8 .4 Citizens appearing at the public meetings who were in
support of the application stated that they lived
directly across the street from the proposed site and
that residents had never encountered problems with
water. It was noted that surrounding agricultural
lands had not been used for farming and therefore
should be used for residential purposes. The final
comment was that additional homes in the Hamlet would
create a greater tax revenue base for the municipality.
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REPORT NO. : PD-235-91 PAGE 15
8 . 5 Four letters in opposition to the application were
received before the first public meeting. The letters
raised 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;
- an increase in the population would result in the
loss of "community spirit" or "togetherness" ;
- increased vehicular traffic could pose safety
problems for people using the park and playground;
- the proposed development will eliminate prime
agricultural lands;
- a burden will be placed on the existing schools;
- development of industrial areas should be promoted
rather than residential areas;
- the proposed development will place a burden on
local water supplies
- the proposed development will cause a potentially
negative impact on the low-lying areas
8 . 5 Since the second public meeting, the Planning
Department has not received any letters in opposition
to the proposed development. However, the Planning
Department has received a petition with 71 signatures
of people from the Solina area who are in support of
the application. Staff have confirmed that all of
these residents live either in or near Solina, however,
two names appearing on the petition also appear on the
list of people opposed to the application.
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REPORT NO. ; PD-235-91 PAGE 16
9. AGENCY COMMENTS
9. 1 The subject applications were circulated by the Region and
the Town Planning Departments to various agencies for
comment. 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
- Ontario Hydro
- Separate School Board
9. 2 The Public School Board stated that they had some
objections. The Board "requires that the development
agreement include a clause that the developer is to be
responsible for advising parents of school-age children of
the Board's busing policy" . It was noted that the students
generated by this development could be accommodated.
9 . 3 The .Town of Newcastle Fire Department stated that the site
falls within the recognized response area of Station No. 5
on Concession Road # 8. The site is not serviced by
municipal water and therefore, water for firefighting
purposes must be supplied by Fire Department tanker trucks.
9. 4 The Central Lake Ontario Conservation Authority reviewed the
revised submission and noted the following concerns:
i) The floodplain study of the tributary indicates that
portions of lots 1, 2 , and 43 as well as Block 52 and
the southern access road to Solina Road are flood
prone.
ii) ' The proposed relocation of the watercourse into Block
52 is generally acceptable to staff, however, it has
yet to be determined if the floodplain of the diverted
stream will be fully contained with the 'open space' block.
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REPORT NO. : PD-235-91 PAGE 17
iii) The Authority asks that until the floodplain area of
the proposed diversion channel is combined to block 52,
and the channelization is carried out satisfactorily,
the lot boundaries and road alignment in the southern-
most portion of the plan must be considered flexible.
iv) The Authority does not foresee any benefits of routing
the natural baseflow of a perennial headwater stream
through the proposed on-stream pond in block 52 .
9. 5 Regional Planning has advised the applicant that "all
applications must have regard for the Provincial Policy
Statement on Land Use Planning for Housing, which came into
effect on August 1, 1989. " The Region has requested the
applicant to provide supportive documentation demonstrating
how this application would meet the Provincial Policy
Statement with respect to the Region of Durham.
The Durham Region Planning Department has also stated that
if the Town approves the application, it should "ensure that
the long term viability of both existing and future private
services is maintained. " It is also suggested that
appropriate techniques such as, phasing, be employed so that
impacts could be monitored and so that the development could
be more easily assimilated into the Hamlet.
9. 6 Regional Works Department has no objection to the
application, but has noted that municipal water supply and
sanitary sewer services are not available to the subject
land.
9.7 The Public Health Department had originally withheld
approval of the application because:
i) Subdivision proposal is unsuitable due to a high
nitrate concentration (over provincial standard) from
private sewage disposal.
REPORT NO. ; PD-235-91 PAGE 18
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.
The applicant subsequently hired a consultant to do
supplementary soil explorations. The Regional Health
Services Department advised the applicant that a number of
conditions must be met prior to the release of the plan for
registration. The conditions include:
i) That the owner satisfy the requirements of the Regional
Health Services Department, financial and otherwise,
regarding the provision of subsurface sewage disposal
systems and drilled wells. The implementation of this
condition may involve the inclusion of appropriate
provisions in the Regional Subdivision Agreement.
ii) compliance with all recommendations established by
Gibson & Associates Ltd. report, Project No. F-591,
April 1989. (Refer to Section 7 .4 . 3 for a summary. )
9 . 8 The Ministry of the Environment (MOE) has stated that an
adequate supply of potable water is obtainable from the
wells drilled in the deeper aquifer. However, one of the
test wells has minor bacteriological levels which will need
to be treated by chlorination. In addition, the MOE has
noted that the wells should be grouted to a level below the
shallow aquifer as the aquifer is a possible source of
contamination. In summary, the MOE stated that "provided
the wells are drilled and not bored or dug, [and] the wells
are constructed as per the recommendations of the
hydrogeological report and our office, we have no objection
to draft approval of the above application subject" to a
number of conditions.
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REPORT NO. : PD-235-91 PAGE 19
9 . 9 Originally the Ministry of Agriculture and Food would not
support the application until they had received sufficient
justification for using the land for other than agricultural
purposes as required by Section 3 . 14 of the Food Land
Guidelines. The applicant submitted a study by Conroy
Dowson Planning Consultants Inc. , to justify the proposed
expansion of Solina.
In its response to the report, the Ministry of Agriculture
and Food noted the central issue of this application is the
amount or size of expansion to be permitted within Solina.
Redesignation to a hamlet for growth would have to be
considered under the criteria within the Official Plan.
The Ministry notes that most of the soils in this area of
Newcastle are prime agricultural land (Class 1, 2 , 3 , & 4) and
consequently, any expansion of the Hamlet would reduce the
agricultural land base and may impact on adjacent
agricultural uses. Furthermore, the Ministry stated that
the Hamlet should be developed in a compact manner to reduce
the length of the agriculture Hamlet boundary.
9. 10 The Ministry of Natural Resources noted that:
i) Despite the special precautions proposed such as major
evacuation and grading works, there is still a high
potential for downstream environmental damage due to
sedimentation. It is recommended that the online pond
be discouraged.
ii) Combined water quality/quantity facilities should be
discouraged since they are considered relatively
ineffective in controlling water quality.
iii) Alternative techniques for water quality control should
be investigated. Infiltration techniques are preferred
over other best management practices. If best
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REPORT NO. : PD-235-91 PAGE 20
management practices are used, it is necessary that the
feasibility of implementing infiltration measures be
fully assessed and documented.
iv) If soil conditions are suitable for infiltration, it is
necessary to do an assessment of potential groundwater
impacts. If the soil is not suitable then extended
detention ponds will need to be used to treat
stormwater runoff quality and alternative strategies
that address the thermal impacts of development should
be studied. It is also suggested that a tree planting
program be considered to minimize light penetration and
heating of base flows and groundwater.
V) It is recommended that extended detention ponds with an
artificial marsh component be used.
9 . 11 The Ministry of Transportation has indicated that they would
have no objection to the proposal provided it is carried out
in phases. The second phase of the proposal would be
subject to a formal review once the final alignment for
Highway 407 is confirmed.
10. COMMENTS
10. 1 A review of the comments received indicates that the
concerns of most of the technical agencies have been
resolved, although there is still some concern with the
proposed stormwater detention pond at the south end of
the site. However, these specific details regarding
site development are more appropriately dealt with
through the rezoning and subdivision review process.
10. 2 A number of issues need to be considered in the review
of the subject official plan amendment application.
These issues are discussed in detail below, with
specific reference to the conclusions of the
justification report submitted by the applicant
pursuant to the Food Land Guidelines and the
"Substantive Rationale In Support of Solina as a Hamlet
for Growth. "
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REPORT NO. : PD-235-91 PAGE 21
10. 3 Scale of Growth
10. 3 . 1 In the justification report, the consultant states that
the proposed development of 45 residential lots on the
Westlake lands is negligible in terms of the projected
future population for the entire Town of Newcastle. In
the substantive rationale report, the consultant states
that since the Hamlet of Solina is already used to
accommodating an additional 5 units per year, an extra
5 units per year from the Westlake development will
produce only a minimal impact.
10. 3 . 2 Staff note that it is misleading to evaluate additional
residential growth in a hamlet in the context of growth
for the entire Town. Hamlets such as Solina are much
more sensitive to the effects of additional development
due to their small size and possible limitations on
water supply and sewage disposal.
10. 3 . 3 In this regard, Staff anticipate that approval of this
application would set a precedent and lead to more
development on the east side of the road outside of the
Hamlet boundary. Consequently, if one considers the
potential development from the east and the south-west
quadrants of the Hamlet, then the minimal impact of 5
extra homes per year that the consultant speaks of is
more likely to result in a greater impact with possibly
up to 10 homes coming on stream per year. Such
occurred in Enniskillen and Burketon when designated as
a "hamlet for growth" .
10. 4 Hamlet Plan
10. 4 . 1 In both reports the consultant states that the policies
of the Durham Regional Official Plan promote the
i
REPORT NO. : PD-235-91 PAGE 22
consideration of proposals for redesignating a hamlet
to a 'Hamlet for Growth' when options for infilling are
either not available or are limited. In the
Substantive Rationale Report, the consultant notes that
Planning Staff in Report #PD-333-90, had noted that
"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. " This comment is taken entirely out of context
and refers to the Ministry's suggestion that infill
hamlets should be limited to 10% of existing dwellings.
In the context of Solina this would have limited Solina
to only 5 new dwellings of the time of the preparation
of a hamlet plan.
10. 4. 2 The consultant indicates that the limit of 110
residential units for the Hamlet of Solina is "not
possible at today's standards . . . since the 110 units
is too small a number to ensure the operation and
benefits of a competitive market. " At the present time
there is vacant land available in the Hamlet boundary.
If we use the consultant's figure of 81 existing homes
in the Hamlet of Solina, then accordingly the Hamlet
still has approximately 26% capacity remaining. In
particular, there is currently no active development
application for the 'Residential Expansion' area in the
southwest and northeast quadrants of the hamlet.
Furthermore, there are other hamlet and rural
residential lots available throughout the Town.
i
I
REPORT NO. : PD-235-91 PAGE 23
10.4 . 3 Staff also disagree with the interpretation that the
policies of the Regional Plan "encourage" redesignating
hamlets as 'Hamlets for Growth' . Rather, the Plan
specifically states that any application to permit
additional expansion in hamlets shall be considered on
its own merits and subject to a number of
considerations.
10.4.4 Moreover, the new Durham Region Official Plan states
that:
The delineation of the limits of a hamlet and the
details of the land uses to be permitted within a
hamlet, shall be incorporated in the area
municipal official plan, following the conclusions
and recommendations of a settlement capacity study
to the satisfaction of the Region and the Ministry
of the Environment.
10.4 . 5 At this time a settlement capacity study of the entire
Hamlet of Solina has not been carried out. The
consultant has carried out various hydrogeological and
surface water studies of the specific site, but these
findings cannot be viewed in isolation of the entire
Hamlet. The applicant has not completed studies for
the extended rectangular and rectangle option indicated
on Attachment #3 for example. It is important that an
analysis of the hydrogeological regime of the entire
area be performed. Factors such as: the impact of
future development on existing groundwater quantity and
quality and on existing sources of drinking water; and
the long-term suitability of the soil conditions for
the effective operation of private sewage disposal
systems need to be assessed. Until such time as a
comprehensive study is carried out for the Hamlet of
Solina, this application would be considered premature.
REPORT NO. : PD-235-91 PAGE 24
10. 5 Character of Solina
10.5. 1 Staff disagrees with the consultant's conclusion that
the approval of this application would not unduly or
adversely affect the character of the Hamlet. The
creation of the 40 new residential lots would represent
a 50% increase in the existing number of homes in the
hamlet, and a 35% increase over the planned population
of the hamlet.
10.5. 2 As indicated before, although the consultant has
indicated that only 5 extra lots per year would come on
stream, it is anticipated that approval of this
application would set a precedent and lead to more
development on the east side of the road outside of the
Hamlet boundary. Accordingly, there is a potential for
30 lots from the north-east sector. Even if the town
allowed Option #2 (see attachment #3) , there would
still be an increase of 23 lots from the Westlake site
and a potential increase of 18 lots from the northeast
sector, resulting in 41 additional lots. These figures
do not include the vacant south-west parcel that lies
within the hamlet boundary.
10. 6 Impact of Agricultural Land
10. 6. 1 An important concern that needs to be addressed is the
impact the development would have on the agricultural
land. The detailed survey conducted by the consultant
indicates that most of the site is Class 3 lands which
have moderate limitations that restrict the range of
crops or require special conservation practices.
Provincial policy, however, still considers this prime
agricultural land and as such protects the undue
encroachment thereon.
REPORT NO. : PD-235-91 PAGE 25
10. 6. 2 Planning Staff consider that the maintenance of
agriculture lands within designated agriculture areas,
to be very important to the maintenance of the
'integrity' of the agricultural land base. The subject
site is designated as "Permanent Agriculture Reserve"
by the Official Plan and as such, Planning Staff are
concerned that a redesignation of the subject site
without a comprehensive review of the direction and
scale of hamlet growth in the Town is not warranted.
10. 6. 3 In this regard, Staff note that a similar application
for hamlet expansion on a site located at Part Lot 23 ,
Concession 6 (see Attachment #2) was submitted to
permit the development of a thirty (30) lot residential
subdivision plus a 32 . 3ha block for future development.
Staff recommended denial of the application in Report
PD-183-87 and Council on July 13 , 1987, did pass a
resolution to deny the application.
10. 6. 4 Referring to the Westlake site, the Ministry of
Agriculture and Food has expressed a concern that any
expansion of the Hamlet would reduce the agriculture
land base and potentially impact on adjacent
agricultural uses. They have indicated that the hamlet
should be developed in a compact manner to reduce the
length of the agricultural/hamlet boundary.
10. 6. 5 As such, Planning Staff is particularly concerned that
the proposed development will not be done in a compact
manner and will in fact increase the length of the
agriculture/hamlet interface. As noted, approval of
this application will set a precedent and lead to
length of agriculture/hamlet interface would be
increased. It is anticipated that the desirability of
I
r Q
i
REPORT NO. : PD-235-91 PAGE 26
growth in Solina would be determined through the review
of the Town's Official Plan and a settlement capacity
study.
If agricultural land is to be consumed for hamlet
expansion, the study will determine the most desirable
direction for the Hamlet to grow based on an
examination of the surrounding agricultural land.
11. CONCLUSIONS
11. 1 The issues related to this application are significant
and cannot be viewed as a small incremental change to
the Hamlet of Solina. Consideration of this
application requires a major commitment to the pattern
of future growth in the Hamlet of Solina and other
Hamlets in the Town of Newcastle. This should be done
in a comprehensive manner when the Town's Official Plan
is reviewed. Since the Town has not commenced
reviewing the Official Plan, it would be premature to
determine how large Solina should grow, if at all, let
alone in which direction it should grow. Staff are of
the opinion that the scale of growth and the impacts on
agricultural land are sufficient to deny this
application at this time. In the absence of a
comprehensive strategy for hamlets in the Town, it is
recommended that Council deny the Official Plan
Amendment, the subdivision application and the zoning
application.
REPORT NO. : PD-235-91 PAGE 27
Respectfully Submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrence otseff
Director of Planning Chief Adm n trative Officer
and Development
TH*DC*FW*df
1 October 1991
Attachment #1 - Plan of Subdivision - 18T-89038
Attachment #2 - Location Map
Attachment #3 - Applicant's Proposed Options for Growth in Solina
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S
DECISION:
821010 Ontario Limited Janet Bennett-Cox
Attention: Bruce Rondeau 106 Fallingbrook St.
278 Union Avenue Whitby, Ontario
PRINCE ALBERT, Ontario L1R 1X1
LOB 1PO
Vella and Dalrymple Tim Sawyer
Barristers & Solicitors Group 2 , Box 9
P.O. Box 2247 Hampton, Ontario
187 King Street East LOB 1JO
OSHAWA, Ontario
L1H 7V5
George Vetzal Mr. Wm. G. Grant
6489 Solina Road North R.R. # 1
R.R. # 1 Hampton, Ontario
Hampton, Ontario LOB 1J0
LOB 1JO
William and Viola Ashton Bruce Taylor
6092 Solina Road R.R. # 1
R.R. # 1 Enniskillen, Ontario
Hampton, Ontario LOB 1HO
LOB 1J0
Paul Smith F. Westlake
Group 2 , Box 36 R.R. #1
R.R. # 1 Hampton, Ontario
Hampton, Ontario LOB 1JO
LOB 1JO
I
REPORT NO. : PD-235-91 PAGE 28
Lisa and Milt Robinson
Robinbrae Farms
R.R. #1
Hampton, Ontario
LOB 1JO
Viola Ashton
6092 Soline Road
R.R.#1
Hampton, Ontario.
LOB 1J0
Barbara and Jim Kapteyn
6168 Solina Road
R.R.#1
Hampton, Ontario.
LOB 1J0
Betty and William Grant
6147 Rundle Road
R.R. #1
Hampton, Ontario.
LOB 1J0
Dr. and Mrs. R.K. Miller
R.R.#1
Hampton, Ontario.
LOB 1J0
i
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STUDY AREA-
FILE-90-25/ C.D.P.C.INC..
SCALE:1:10,000/SEPT.19/91
r
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN:WEST-2.GPA REPORT
,x
Meeting General Purpose and Administration Committee .. File#
Date Res. #
Monday, .October .7, 1991 .
r
By-Law# :!
Report*' Fbt-- 1Fite `Y18- - _ ` 89-55
Subject;, OFFICIAL. PLAN. AMENDMENT APPLICATION - FILE: 89-042/D/N
SUBDIVISION APPLICATION - FILE: 18T 89038
REZONING. APPLICATION - FILE: DEV 89-55
APPLICANT: WESTLAKE (821010 ONTARIO LIMITED)
PART LOT 25, CONCESSION 6, FORMER TOWNSHIP. OF DARLINGTON
Recommendations:'
It is` respectfully recommended'ahat the General' Purpose and. }
`' Administration Committee recommend ta: Council the following:
1. THAT Report PD-235-91 be received;
2. THAT Official Plan Amendment Application 89-42/D/N,
Subdivision Application 18T-89038, and Rezoning
Application DEV 89-55 submitted by 821010 Ontario
Limited be denied; -
4. THAT,,the applicant, the Region of Durham, delegations
and;persons listed in this report, be notified of
Council!S'' decision.
kj•
l: APPLICATION DETAILS
1.1 Applicant: 821010 Ontario Limited (agent: Bruce Rondeau)
1:2 , .Owner: Doreen Westlake
From: "Hamlet for Infilling", "Permanent
Agricultural Reserve, " and Area
, <
Subject to Development
! Restrictions"
¢.
To: "Hamlet for Growth" and
"Residential Expansion"
1:4 .Subdivision: _ Proposal' is fora forty (40) lot residential
subdivision (See Attachment no. 1)
_
?.n 7
-8 8
RECYCLED P-IENmry""
P\PEN DE CYCLE
THs,MPR*MDONDECYCLEDPMER' .
REPORT NO. : PD- -91 PAGE 2
1.5 Rezoning: Application is to rezone from "Agricultural
Exception (A-1) & "Environmental Protection
(EP) II to a zoning category appropriate to
permit the development
1. 6 Area: . 34 .42 ha (85.05 acres)
2. LOCATION
2 .1 The subject property is located on Lot 25, Concession #6, in
the former Township of Darlington (see Attachment no. 2) .
It is situated for the most part to the north of the present
Hamlet boundaries of Solina.
3. BACKGROUND
3 . 1 The following applications have been submitted by 821010
Ontario Limited:
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.
3.2 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
t
Hydrogeological Engineer (see Section 7.4 for discussion of
report) , the applicant submitted a revised plan reducing the
proposed number of lots to be developed to 45. Since then,
advice given by the Public Health Department has prompted
the applicant to reduce the proposed number of lots even
further to 40. Public Health is concerned about the
capability of the stormwater retention pond and has
� 2 n 8
5
d 8,9
REPORT NO. : PD-235-91 PAGE 3
asked the applicant to withhold development of five lots
until -the retention pond has proven adequate.
4. EXISTING AND SURROUNDING USES
4. 1 Existing Uses
4. 1. 1 The subject property has been used as a farm and slopes
towards the Hamlet of Solina. The southern portion of
the site is traversed by a tributary to Farewell Creek.
4.2 Surrounding Uses
4.2.1 The surrounding uses to the subject property are as
follows:
North: agricultural
South: a 22 lot subdivision within the Hamlet of
Solina
East: agricultural and large lot residential (5-20
acres)
West: agricultural
5. OFFICIAL PLAN POLICIES
5.1 Existing (1976) Durham Region Official Plan
5. 1. 1 The majority of the lands in the vicinity of Solina are
designated as "Permanent Agricultural Reserve" by the
Durham Region Official Plan. Non-agricultural uses in
this designation are discouraged.
5. 1.2 Section 10.4 of the Regional Official Plan outlines
policies relating to hamlet development. In general,
residential development in hamlets shall be limited to
minor internal infilling and/or minor additions to
existing development. Additional indepth development
is permitted in those hamlets identified as 'Hamlets
for Growth' , generally to a maximum of 150 units.
Solina is currently designated as a 'Hamlet for
Infilling. '
REPORT NO. : PD-235-91 PAGE 4
5. 1. 3 The Regional Official Plan also states that the
delineation of the limits and the detailing of land
uses in hamlets shall be provided in a development plan
adopted by local Council prior to major new development
taking place.
5.2 Town of Newcastle Official Plan
. 5.2. 1 The southerly portion of the subject lands fall within
the Hamlet boundary and, as such, are designated
partially "Existing Residential" and predominantly
"Area Subject to Development Restriction" by the Hamlet
of Solina Secondary Plan. The majority of the property
-lies outside the present Hamlet boundaries. The
subject Official Plan Amendment application would
extend the Hamlet of Solina to incorporate these lands,
and redesignate the hamlet as a "Hamlet for Growth" .
5. 3 New (1991) Durham Region Official Plan
5. 3. 1 The new Durham Region Official Plan retains the
designation for the subject lands as "Permanent
Agricultural Reserve" . Sections 13 .2 . 2, 13.2 .3 and
13.3 .5 of the new Official Plan outline policies
pertaining to hamlets and they state that:
Hamlets shall be the predominant location for rural
settlement, with the other residential development and
Rural Employment Areas being limited in scale.
Growth will occur only in those hamlets that are
determined to be suitable for further development. '
The delineation of the limits of a hamlet and the
details of the land uses to be permitted within a
hamlet, shall be incorporated in the area municipal
official plan, following the conclusions and
recommendations of a settlement capacity study to the
satisfaction of the Region and the Ministry of the
Environment, which shall include the following:
T
REPORT NO. : PD-235-91 PAGE 5
a) an analysis of the hydrogeological regime in the
area to determine the availability and quality of
groundwater on a long term basis;
b) an assessment of the impact of future development
on existing groundwater quantity and quality and
on. existing sources of drinking water, including
municipal, communal and private wells;
c) an assessment of the long-term suitability of the
soil conditions for the effective operation of
private sewage disposal systems;
d) an identification of any existing restrictions to
future development;
e) an assessment of surface drainage;
f) an assessment of how new growth will be
complementary to, and consistent with, the .
historic character of the area;
g) an assessment of the impact of new growth on the
natural environment; and
h) a statement of conformity with the Agricultural
Code of Practice.
6. ZONING DESIGNATION
6. 1 Zoning By-law 84-63
6. 1. 1 The Town of Newcastle Comprehensive Zoning By-law
places an "Agricultural Exception (A-1) " and
"Environmental Protection (EP) " zoning on the site.
The subject lands would require a 'Residential Hamlet
(RH) ' zone in order for the proposed residential
subdivisions to develop.
7. BACKGROUND STUDIES
7 . 1 Preliminary Storm Water Management Report
7. 1. 1 This report was prepared by R.W. Bruynson Inc. , to .
satisfy the Ministry of Natural Resources. - The
consultant performed an analysis of the site to
1211
�.2
REPORT NO. : PD-235-91 PAGE 6
determine the effects that the development would have
on the quality and quantity of water conveyed from and
through the site. It is the intention of the applicant
to install a retention pond at the south end of the
site for recreational purposes as well as to provide
storm water quality/ quantity control.
7.1.2 The consultant noted that if the wet pond is properly
designed, constructed and sized, it would provide the
best method of controlling the quality/quantity of
storm water leaving and flowing through the site. It
was also noted that the proposed solution would
decrease the peak flood levels that the site presently
experiences and would release site flood waters at a
controlled rate. Consequently, this "would have a
significant effect on the downstream creek flows and,
erosion of the creek banks. "
7.2 Flood Plain Study
7.2. 1 R.W. Bruynson Inc. , prepared this study to determine
the extent of flooding over the existing property
resulting from a 1: 100 year storm. The analysis was
performed in accordance with the regulations of the
Central Lake Ontario Conservation Authority.
7.2.2 The consultant concluded that the storm waters are well
conveyed across the site and no significant adverse
effects on the flood levels within the site boundaries
are expected from downstream irregularities. It was
noted that "the proposed water course diversion and
retention pond are required during the construction of
the subdivision and at post development to ensure that
the quantity and quality of discharge is not
significantly altered. Furthermore, safeguards against
121
S 1
REPORT NO. : PD-235-91 PAGE 7
erosion must be taken around the site perimeter during
construction to prevent silting of the waste course.
Coarse rip-rap should be used at all abrupt changes in
channel direction as well as the ends of the culverts
to prevent scouring of the banks. "
7. 3 Photo-Interpretative Soil and Terrain Analysis and
Agricultural Capability Assessment of Lands
7.3. 1 The applicant asked Robinson, Merritt & deVries Ltd. to
review the physical conditions of the property and
assess the agricultural capability of the lands and
their potential to support agriculture.'
7. 3 .2 In this report the consultant notes that the Canada
Land Inventory Soil Capability for Agriculture Map
designates approximately 80% of the .map area that
encloses the site as being Class 1 lands (no
significant limitations to crop use) '.and 20% as Class 4
lands (severe limitations restricting the range of
crops) . According to the Durham County Soil Survey
Report the property is composed of Bondhead Loam.
7.3 .3 The consultant felt there were deficiencies with the
scales used to classify the soils as these scales were
deemed "very reconnaissance in nature and considered
inadequate for site specific evaluations. " To overcome
'these deficiencies, the consultant has completed a more
detailed assessment of the soils using a photo-
interpretative soil and terrain analysis. The results
of the analysis indicated that "the major part of the
property is identified with Class 3 lands. " These
particular lands have moderately severe limitations
that restrict the range of crops or require special
conservation practices.
=7.. . 1
_ X213
94__
1 1
REPORT' NO. • PD-235-91 PAGE 8
7.3.4 The report concluded that while the property does
contain some good lands, the predominant part 'of the
site is composed of lower quality land resources. The
site is also "fragmented by drainage ways, broken
lands, or their occurrence in small pockets which make
them difficult to utilize with modern day large farm
equipment. The drainage ways and broken .lands also
offer some problems in the cultivation and management
of these lands. "
7. 3 .5 The report suggests that while the property is
currently being used for agriculture, the continued
practice of row cropping and clear cultivation on the
long slopes on the northern flank of the property is
highly conducive to accelerated erosion. To prevent
further degradation of the soils it is necessary to
employ conservation measures such as strip cropping,
contour berming and grassed water. Generally, the site
has an arable base of approximately 50 acres which the
consultant considers inadequate for most general farm
operations.
7.4 Preliminary Hydrogeologic Assessment
7.4. 1 The applicant hired Gibson & Associates Ltd. , to study
the surficial soils, shallow ground water movement,
recharge, baseline water quality, and availability.
The study revealed that there is a major aquifer system
at a 'depth of 27m. Recommendations were presented in
the report for private servicing for water supply and
waste disposal to lessen future possible impacts on
existing water quality functions or water supplies.
7 .4.2 The consultant also noted that the "assessment of the
potential future impacts indicates that septic effluent
_ _ �} ► 214
REPORT NO. : PD-235-91 PAGE 9
from the proposed 51-lot development will likely result
in long term nitrate levels that exceed the provincial
drinking water objective. " It was recommended by the
consultant that the development be limited to a maximum
of 45 residential units.
7.4.3 In summary, the recommendations made in the report
were:
private wells should consist of drilled and
screened wells completed to a depth of at least
30m to reach the defined main water bearing
formation
grouting or other suitable sealing of the annular
space to a depth of at least 3m would assist in
protecting the wells from surficial sources of
contamination
long term effluent levels from private waste
disposal systems will likely exceed the provincial
drinking water standards for nitrates and
therefore, the proposed number, of residential lots
should be reduced to 45 lots
7.5 Supplementary Report Groundwater Availability Study
7.5. 1 This report supplements an earlier hydrogeologic study
conducted by Gibson & Associates Ltd. , Based on their
findings the consultant recommended that each lot in
the development be serviced by a' drilled well
penetrating into the deep aquifer. The best suited
aquifer is the "granular water bearing zone(s) in the
deep overburden at approximately 155 metres above mean
sea level (155 (amsl) ) . " The report noted that the
water quality of the deeper aquifer meets the
Provincial Drinking Water Objectives.
h
12 15
REPORT NO. : PD-235-91 PAGE 10
7.6 Justification Report Pursuant to the Foodland Guidelines
7.6. 1 The applicant submitted a study conducted by Conroy
Dowson Planning Consultants Inc. , to justify the use of
agricultural land for purposes other than agriculture
as required by Section 3 . 14 of the Food Land
Guidelines.
7.6.2 The consultant makes reference to Official Plan
policies regarding hamlets for' infilling and hamlets
for growth. The consultant states that ."it is implied
that when options for infilling are either not
available or limited, consideration will be given to
proposals for a Hamlet for Growth. " The Westlake
development would result in a total of approximately
150 residential units for the hamlet, which is the
maximum number of lots generally permitted by the
Official Plan for 'Hamlets for Growth. "
7.6. 3 The consultant notes that the Town of Newcastle and the
Region of Durham envision major increases in the
planned population. The Town's population is projected
to increase to 110,000 persons by the year 2005 and the
Westlake proposal provides for additional yet limited
housing opportunities in a hamlet setting. - It is
stated that "forty-five -lots (approximately 171
population) as a percentage of planned growth of 110,00
is negligible (approximately 1/10 of 1 percent) . It is
further noted that the stated population forecast for
Solina as a Hamlet for Growth is 570. "
7. 6.4 The report states that there are 105 existing and
potential residential lots within the existing
boundaries of the Hamlet of Solina, including 8 vacant
216
REPORT NO. : PD-235-91 PAGE 11.
lots and .12 possible new lots on 25 acres presently
designated for infill. The addition of the Westlake
lands would result in a total of 150 homes. It is
indicated that the development of the Westlake lands
would provide a competitive option to the 8 existing
undeveloped lots. The argument is also presented that
the proposed subdivision would "not unduly or adversely
affect the character of the Hamlet of Solina. "
7. 6.5 The consultant also states that there are no
alternative locations of lower agricultural capability
lands on the boundaries of Solina. He considers the
location of the proposed development to be the least
detrimental to continuing agricultural activity in the
area.
7.7 Substantive Rationale In Support of Solina As A Hamlet For
Growth
7.7. 1 The last public meeting concerning this application was
held on September 9, 1991 and since that time, Conroy
Dowson Planning Consultants Inc. , has submitted another
report in order to provide a substantive rationale to
support Solina as a 'Hamlet for Growth. '
7.7.2 In this report, the consultant States that from the
period 1980 to 1990, an extra 45 homes were added to '
the Hamlet of Solina. This addition to Solina averages
out to approximately 4 to 5 homes per year. The
consultant .states that since the Hamlet of Solina has
been accommodating an extra 5 homes per year for the
last 10 years, the addition of 5 Westlake lots per year
for the next 8 years would produce only a minimal
impact.
tT
REPORT NO. : PD-235-91 PAGE 12
7.7.3 It is noted that the 110 lot capacity presently set for
the Hamlet of Solina is "too small a number to ensure
the operation and benefits of a competitive market.
Further, at today's standards the boundary cannot
accommodate 110 homes. " The consultant points out that
Planning Staff in Report #PD-333-90 noted that "the
Town cannot support the inclusion of a policy which
would place a 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. "
7 .7.4 The consultant notes that Farewell Creek to the west
and Black Creek to the east of the proposed site,
"provide clearly identifiable limits to assist in
establishing [Hamlet] boundaries. " It is suggested
that these are clearly marked physical features which
contain development to a north/south direction.
7.7.5 The applicant has applied for a hamlet boundary
extension for 40 lots. Due to concerns mentioned by
Planning Staff in Report PD-192-91, regarding compact
form, hamlet/agricultural interface and the spill-over
potential to lands on the east side of Solina road, the
consultant has presented two more options, which he
hopes will satisfy the Town. The Two Options presented
for the Westlake site are: 1) "the extended rectangle",
and 2) "the rectangle" (see attachment #3) .
7.7.5. 1 Extended Rectangle
This option addresses the potential impact on the
east side of Solina Road'. It is assumed that if
the hamlet boundary is extended to the east, there
REPORT NO. : PD-235-91 PAGE 13
will be a further 40 lots from the Westlake site
and 30 lots from the east. The potential 70 lots
plus the 100 existing lots in Solina would result
in a total of 170 lots for the Hamlet of Solina.
This option does not address the vacant parcel of
land in the south-west portion of the Hamlet.
7.7.5.2 The Rectangle
This particular option is a scaled down version of
the Extended Rectangle which would limit the
expansion of the Hamlet boundary. If this option
were to be allowed it would add 23 lots from the
proposed Westlake site and a potential 18 lots
from the east side. The total amount of lots in
Solina in addition to the 100 currently there,
would amount to the 141 lots. The applicant,
however, still refers to this as an interim option
with the hope of accommodating future growth on
the remaining portion of his land.
7.7. 6 In summary, the consultant stated that "the rationale
for Hamlet growth is to provide housing to relieve the
. pressure on the continuing agricultural area, to do so
in a modest manner, and to implement such growth in a
rigorous high standard manner such that future problems
are minimal and impact issues are negligible" .
8. PUBLIC MEETING AND RESPONSE
8. 1 In accordance with the Town's procedures and the
requirements of the Planning Act, it was necessary for
the Town to hold a public meeting concerning the
application. A public meeting was held on September 5,
.1989, and again on September 9, 1991.
1 19
REPORT NO. : PD-235-91 PAGE 14
8.2 Two citizens (one appearing on behalf of his family and
neighbours) appeared at the first public meeting,
whereas at the second public meeting, one citizen spoke
on behalf of 17 people. At both public meetings the
concerns raised were that the proposed development
would: set a negative precedent, create water problems
and hazardous traffic conditions. The citizens felt
that the Town would be better advised to encourage
industrial development in the Town rather than
residential development, since industrial development
would generate more revenue for the Town.
8.3 In addition, one citizen (representing 22 residents of
Solina) appeared before a regular meeting of Council on
September 16, 1991, to state that they were opposed to
the application. The reasons given for the opposition
were: 1) it is unnecessary to make Solina a Hamlet for
growth; 2) houses that are built should be affordable,
not luxury homes; 3) safety of the open ponds; 4)
cost to Hamlet citizens; 5) loss of agricultural land;
6) creation of a domino effect for other developments;
and 7) the. rural atmosphere of the Hamlet will be
ruined.
8.4 Citizens appearing at the public meetings who were in
support of the application stated that they lived
directly across the street from the proposed site and
that residents had never encountered problems with
water. It was noted that surrounding agricultural
lands had not been used for farming and therefore
should be used for residential purposes. * The final
comment was that additional homes in the Hamlet would
create a greater tax revenue base for the municipality.
REPORT NO. : PD-2'35-91 PAGE 15
8.5 Four letters in opposition to the application were
received before the first public meeting. The letters
raised 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;
an increase in the population would result in the
loss of "community spirit" or "togetherness";
increased vehicular traffic could pose safety
problems for people using the park and playground;
- the proposed development will eliminate prime
agricultural lands;
a burden will be placed on the existing schools;
development of industrial areas should be promoted
rather than residential areas;
the proposed development will place a burden on
.local water supplies
the proposed development will cause a potentially
negative impact on the low-lying areas
8.5 Since the second public meeting, the Planning
Department has not received any letters in opposition
to the proposed development. However, the Planning
Department has received a petition with 71 signatures
of people from the Solina area who are in support of
the application. Staff have confirmed that all of
these residents live either in or near Solina, however,
two names appearing on the petition also appear on the
list of people opposed to the application.
' 2 '1
1 .02 `
2)
REPORT NO. ; PD-235-91 PAGE 16
9. AGENCY COMMENTS
9. 1 The subject applications were circulated by the Region and
the: Town Planning Departments to various agencies for
comment. 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
- Ontario Hydro
- Separate School Board
9.2 The Public School Board stated that they had some
objections. The Board "requires that the development
agreement include a clause that the developer is to be
responsible for advising parents of school-age children of
the Board's busing. policy" . It was noted that the students
generated by this development could be accommodated.
9.3 The .Town of Newcastle Fire Department stated that the site
falls within the recognized response area of Station No. 5
on Concession Road # 8. The site is not serviced by
municipal water and therefore, water for firefighting
purposes must be supplied by Fire Department tanker trucks.
9.4 The Central Lake Ontario Conservation Authority reviewed the
revised submission and noted the following concerns:
i) The floodplain study of the tributary indicates that
portions of lots 1, 2, and 43 as well as Block 52 and
the southern access road to Solina Road are flood
prone.
ii) The proposed relocation of the watercourse into Block
52 is generally acceptable to staff, however, it has .
yet to be determined if the floodplain of the diverted
stream will be fully contained with the 'open space' block.
7,
REPORT NO. : PD-235-91 PAGE 17
iii) The Authority asks that until the floodplain area of
the proposed diversion channel is combined to block 52,
and the channelization is carried out satisfactorily,
the lot boundaries and road alignment in the southern-
most portion of the plan must .be considered flexible.
iv) The Authority does not foresee any benefits of routing
the natural baseflow of a perennial headwater stream .
through the proposed on-stream pond in block 52.
9.5 Regional Planning has advised the applicant that "all
applications must have regard for the Provincial Policy
Statement on Land Use Planning for Housing, which came into
effect on August 1, 1989. " The Region has requested the
applicant to provide supportive documentation demonstrating
how this application would meet the Provincial Policy
Statement with respect to the Region of Durham.
The Durham Region Planning Department has also stated that
if the Town approves the application, it should "ensure that
the long term viability of both existing and future private
services is maintained. " It is also suggested that
appropriate techniques such as, phasing, be employed so that
impacts could be monitored and so that the development could
be more easily assimilated into the Hamlet.
9. 6 Regional Works Department has no objection to the
application, but has noted that municipal water supply and
sanitary sewer services are not available to the subject
land.
9.7 The Public Health Department had originally withheld
approval of the application because:
i) Subdivision proposal is unsuitable due to a high
nitrate concentration (over provincial standard) from
private sewage disposal.
n
REPORT NO. ; PD-235-91 PAGE 18
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.
The applicant subsequently hired a consultant to do
supplementary soil explorations. The. Regional Health
Services Department advised the applicant that a number of
conditions must be met prior to the release of the plan for
registration. The conditions include:
i) That the owner satisfy the requirements of the Regional
Health Services Department, financial and otherwise,
regarding the provision of subsurface sewage disposal
systems and drilled wells. The implementation of this
condition may involve the inclusion of appropriate
provisions in the Regional Subdivision Agreement.
ii)- compliance with all recommendations established by
Gibson & Associates Ltd. report, Project No. F-591,
April 1989. (Refer to Section 7.4.3 for a summary. )
9.8 The Ministry of the Environment (MOE) has stated that an
adequate supply of potable water is obtainable from the
wells drilled in the deeper aquifer. However, one of the
test wells has minor bacteriological levels which will need
to be treated by chlorination. In addition, the MOE has
noted that the wells should be grouted to a level below the
shallow aquifer as the aquifer is a possible source of
contamination. In summary, the MOE stated that "provided
the wells are drilled and not bored or dug, [and) the wells
are constructed as per the recommendations of the
hydrogeological report and our office, we have no objection
to draft approval of the above application subject" to a
number of conditions.
o
REPORT NO. : PD-235-91 PAGE 19
9.9 Originally the Ministry of Agriculture and Food would not
support the application until they had received sufficient
justification for using the land for other than agricultural
purposes as required by Section 3 . 14 of the Food Land
Guidelines. The applicant submitted a study by Conroy
Dowson Planning Consultants Inc. , to justify the proposed
expansion of Solina.
In its response to the report, the Ministry of Agriculture
and Food noted the central issue of this application is the
amount or. size of expansion to be permitted within Solina.
Redesignation to a hamlet for growth would have to 'be
considered under the criteria within the Official Plan.
The Ministry notes that most of the soils in this area of
. Newcastle are prime agricultural land (Class 1, 2, 3, & 4) and
consequently, any expansion of the Hamlet would reduce the
agricultural land base and may impact on adjacent
agricultural uses. Furthermore, the Ministry stated that
the Hamlet should be developed in a compact manner to reduce
the length of the agriculture Hamlet boundary.
9. 10 The Ministry of Natural Resources noted that:
i) Despite the special precautions proposed such as major
evacuation and grading works, there is still a high
potential for downstream environmental damage due to
sedimentation. It is recommended that the online pond
be discouraged.
ii) Combined water quality/quantity facilities should be
discouraged since they are considered relatively
ineffective in controlling water quality.
iii) Alternative techniques for water quality control should
be investigated. Infiltration techniques are preferred
over other best management practices. If best
122J
REPORT NO. : PD-235-91 PAGE 20
management practices are used, it is necessary that the
feasibility of implementing infiltration measures be
fully assessed and documented.
iv) If soil conditions are suitable for infiltration, it is
necessary to do an assessment of potential groundwater
impacts. If the soil is not suitable then extended
detention ponds will need to be used to treat
stormwater runoff quality and alternative strategies
that address the thermal impacts of development should
be studied. It is also suggested that a tree planting
program be considered to minimize light penetration and
heating of base flows and groundwater.
V) It is recommended that extended detention ponds with an
artificial marsh component be used.
9. 11 The Ministry of Transportation has indicated that they would
have no objection to the proposal provided it is carried out
in phases. The second phase of the proposal would be
subject to a formal review once the final alignment for
Highway 407 is confirmed.
10. COMMENTS
10. 1 A review of the comments received indicates that the
concerns of most of the technical agencies have been
resolved, although there is still some concern with the
proposed stormwater detention pond at the south end of
the site. However, these specific details regarding
site development are more appropriately dealt with
through the rezoning and subdivision review process.
10.2 A number of issues need to be considered in the review
of the subject official plan amendment application.
These issues are discussed in detail below, with
specific reference to the conclusions of the'
justification report submitted by the applicant
pursuant to the Food Land Guidelines and the
"Substantive Rationale In Support of Solina as a Hamlet
for Growth. "
i
r° �
REPORT NO. :. PD-235-91 PAGE 21
10. 3 Scale of. Growth
10. 3 . 1 In the justification report, the consultant states that
the proposed development of 45 residential lots on the
Westlake lands is negligible in terms of the projected
future population for the entire Town of Newcastle. In
the substantive rationale report, the consultant states .
that since the Hamlet of Solina is already used to
accommodating an additional 5 units per year, an extra
5 units per year from the Westlake development will
produce only a minimal impact.
10.3 . 2 Staff note that it is misleading to evaluate additional
residential growth in a hamlet in the context of growth
for the entire Town. Hamlets such as Solina are much
more sensitive to the effects of additional development
due to their small size and possible limitations on
water supply and sewage disposal.
10. 3 . 3 In this regard, Staff anticipate that approval of this
application would set a precedent and lead to more
development on the east side of the road outside of the
Hamlet boundary. Consequently, if one considers the
potential development from the east and the south-west
quadrants of the Hamlet, then the minimal impact of 5
extra homes per year that the consultant speaks of is
more likely to result in a greater impact with possibly
up to 10 homes coming on stream per year. Such
occurred in Enniskillen and Burketon when designated as
a "hamlet for growth" .
10.4 Hamlet Plan
10.4 . 1 In both reports the consultant states that the policies
of the Durham Regional Official Plan promote the
REPORT NO. : PD-23.5-91 PAGE 22
consideration of proposals for redesignating a hamlet
to a 'Hamlet for Growth' when options for infilling are
either not available or are limited. In the
Substantive Rationale Report, the consultant notes that
Planning Staff in Report #PD-333-90, had noted that
"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. " This comment is taken entirely out of context
and refers to the Ministry's suggestion that infill
hamlets should be limited to 10% of existing dwellings.
In the context of Solina this would have limited Solina
to only 5 new dwellings of the time of the preparation
of a hamlet plan.
10.4.2 The consultant indicates that the limit of 110
residential units for the Hamlet of Solina is "not
possible at today's standards . . . since the 110 units
is too small a number to ensure the operation and
benefits of a competitive market. " At the present time
there is vacant land available in the Hamlet boundary.
If we use the consultant's figure of 81 existing homes
in the Hamlet of Solina, then accordingly the Hamlet
still has approximately 26% capacity remaining. In
particular, there is currently no active development
application for the 'Residential Expansion' area in the
southwest and northeast quadrants of the hamlet.
Furthermore, there are other hamlet and rural
residential lots available throughout the Town.
�y�
1228
REPORT NO. : PD-235-91 PAGE 23
10.4. 3 Staff also disagree with the interpretation that the
policies of the Regional Plan "encourage" redesignating
hamlets as 'Hamlets for Growth' . Rather, the Plan
specifically states that any application to permit
additional expansion in hamlets shall be considered on
its own merits and subject to a number of
considerations.
10.4.4 Moreover, the new Durham Region Official Plan states
that:
The delineation of the limits of a hamlet and the
details of the land uses to be permitted within a
hamlet, shall be incorporated in the area
municipal official plan, following the conclusions
and recommendations of a settlement capacity study
to the satisfaction of the Region and the Ministry
of the Environment.
10.4. 5 At this time a settlement capacity study of the entire
Hamlet of Solina has not been carried out. The
consultant has carried out various hydrogeological and
surface water studies of the specific site, but these
findings cannot be viewed in isolation of the entire
Hamlet. The applicant has not completed studies for
the extended rectangular and rectangle option indicated
on Attachment #3 for example. 3t is important that an
analysis of the hydrogeological regime of the entire
area be performed. Factors such as: the impact of
future development on existing groundwater quantity and
quality and on existing sources of drinking water; and
the long-term suitability of the soil conditions for
the effective operation of private sewage disposal
systems need to be assessed. Until such time as a
comprehensive study is carried out for the Hamlet of
Solina, this application would be considered premature.
REPORT NO. : PD-235-91 PAGE 24
10.5 Character of Solina
10.5. 1 Staff disagrees with the consultant's conclusion that
the approval of this application would not unduly or
adversely affect the character of the Hamlet. The
creation of the 40 new residential lots would represent
a 50% increase in the existing number of, homes in the
hamlet, and a 35% increase over the planned population
of the hamlet.
10.5. 2 As indicated before, although the consultant has
indicated that only 5 extra lots per year would come on
stream, it is anticipated that approval of this
application would set a precedent and lead to more
development on the east side of the road outside of the
Hamlet boundary. Accordingly, there is a potential for
30 lots from the north-east sector. Even if. the town
allowed Option #2 (see attachment #3) , there would
still be an increase of 23 lots from the Westlake site
and a potential increase of 18 lots from the northeast
sector, resulting in 41 additional lots. These figures
do not include the vacant south-west parcel that lies
within the hamlet boundary.
10. 6 Impact of Agricultural Land
10.6. 1 An important concern that needs to be addressed is the
impact the development would have on the agricultural
land. The detailed survey conducted by the consultant
indicates that most of the site is Class 3 lands which
have moderate limitations that restrict the range of
crops or require special conservation practices.
Provincial policy, however, still considers this prime
agricultural land and as such protects the undue
encroachment thereon.
Y
i -)
REPORT NO. : PD-235-91 PAGE 25
10. 6.2 Planning Staff consider that the maintenance of
agriculture lands within designated agriculture areas,
to be very important to the maintenance of the
'integrity' of the agricultural land base. The subject
site is designated as "Permanent Agriculture Reserve"
by the Official Plan and as such, Planning Staff are
concerned that a redesignation of the subject site
without a comprehensive review of the direction and
scale of hamlet growth in the Town is not warranted.
10.6.3 In this regard, Staff note that. a similar application
for hamlet expansion on a site located at Part Lot 23,
Concession 6 (see Attachment #2) was submitted to
permit the development of a thirty (30) lot residential
subdivision plus a 32.3ha block for future development.
Staff recommended denial of the application in Report
PD-183-87 and Council on July 13, . 1987, did pass a
resolution to deny the application.
10. 6.4 Referring to the Westlake site, the Ministry of
Agriculture and Food has expressed a concern that any
expansion of the Hamlet would reduce the agriculture
land base and potentially impact on adjacent
,agricultural uses. They have indicated that the hamlet
should be developed in a compact manner to reduce the
length of the agricultural/hamlet boundary.
10. 6. 5 As such, Planning Staff is particularly concerned that
the proposed development will not be done in a compact
manner and will in fact increase the length of the
agriculture/hamlet interface. As noted, approval of
this application will set a precedent and lead to
length of agriculture/hamlet interface would be
increased. It is anticipated that the desirability of
12 31
REPORT NO. : PD-235-91 PAGE 26
growth in Solina would be determined through the review
of the Town's Official Plan and a settlement capacity
study.
If agricultural land is to be consumed for hamlet
expansion, the study will determine the most desirable
direction for the Hamlet to grow based on an .
examination of the surrounding agricultural land.
11. CONCLUSIONS
11. 1 The issues related to this application are significant
and cannot be viewed as a small incremental change to
the Hamlet of Solina. Consideration of this
application requires a major commitment to the pattern
of future growth in the Hamlet of Solina and other
Hamlets in the Town of Newcastle. This should be done
in a comprehensive manner when the Town's Official Plan
is reviewed. Since the Town has not commenced
reviewing the Official Plan, it would be premature to
determine how large Solina should grow, if at all, let
alone in which direction it should grow. Staff are of
the opinion that the scale of growth and the impacts on
agricultural land are sufficient to deny this
application at this time. In the absence of a
comprehensive strategy for hamlets in the Town, it is
recommended that Council deny the Official Plan
Amendment, the subdivision application and the zoning
application.
REPORT NO. : PD-235-91 PAGE 27
Respectfully Submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrence otseff
Director of Planning Chief Adm n trative Officer
and Development
TH*DC*FW*df
1 October 1991
Attachment #1 - Plan of Subdivision - 18T-89038
Attachment #2 - Location Map
Attachment #3 - Applicant's Proposed Options for Growth in Solina
INTERESTED' PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S
DECISION:
821010 Ontario Limited Janet Bennett-Cox
Attention: Bruce Rondeau 106 Fallingbrook St.
278 Vnion Avenue Whitby, Ontario
PRINCE ALBERT, Ontario L1R 1X1
LOB 1PO
Vella and Dalrymple Tim Sawyer
Barristers & .Solicitors Group 2 , Box 9
P.O. Box 2247 Hampton, Ontario
187 King Street. East LOB 1JO
OSHAWA, Ontario
LIH 7V5
George Vetzal Mr. Wm. G. Grant
6489 Solina Road North R.R. # 1
R.R. # 1 Hampton, Ontario
Hampton, Ontario LOB 1J0
LOB 1JO
William and Viola Ashton Bruce Taylor
6092 Soling Road R.R. # 1 .
R.R. # 1 Enniskillen, Ontario
Hampton, Ontario LOB 1HO
LOB 1JO
Paul Smith F. Westlake
Group 2, Box 36 R.R. #1
R.R. .# 1 Hampton, Ontario
Hampton, Ontario LOB 1JO
LOB 1JO
1233
REPORT NO. : PD-235-91 PAGE 28
Lisa and Milt Robinson
Robinbrae Farms
R.R. #1
Hampton, Ontario
LOB 1JO
Viola Ashton
6092 Soline Road
R.R.#1
Hampton, Ontario.
LOB 1J0
Barbara and Jim Kapteyn
6168 Solina Road
R.R.#1
Hampton, Ontario.
LOB 1J0
Betty and William Grant
6147 Rundle Road
R.R.#1
Hampton, Ontario.
LOB 1J0
Dr. and Mrs. R.K. Miller
R.R.#1
Hampton, Ontario.
LOB 1J0
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